Minutes

Price City Planning and Zoning

November 8, 1999

Price City Hall 6:00 P.M.

Present: John Angotti, Chairman Vern Jones, Community Administrator

Larry Bruno, Vice-Chairman Francis Duzenack, Zoning Administrator

Alfred Richens Carolyn Vogrinec, Secretary

Laurel Marinos

Penny Sampinos

Joe Piccolo

Excused: Gary Lyon

Also Attending:

Madelaine Nyffeler Sam Farlaino

Phillip Baca Tony Basso

Berna Baca Lloyd Kessler

Janet Roedel Todd Oldham

Lori Prince Jessica Basso

I MINUTES OF NOVEMBER 8, 1999

Larry Bruno referred the Commission to Item II - KDM Sales and Design. The motion should read as follows: “Larry Bruno moved to forward a favorable recommendation to Price City Council for the Home Occupied Business - Office Use Only for KDM Sales & Design, with some minor packaging.” Mr. Bruno then moved to approve the Minutes of October 25, 1999 as corrected. Laurel Marinos seconded and the motion carried.

II CONDITIONAL USE PERMIT - SIGNS

PRICE RIVER VALLEY LOAN - THINGS & STUFF

82 NORTH 100 WEST

LLOYD KESSLER

Mr. Kessler appeared before the Commission to explain that he would like to install vinyl banner signs on his building. He would like to see how his business proceeds before installing permanent signs. There are no concerns, as the signs meet the size requirements. However, there was some discussion on whether or not this should be a Temporary Conditional Use Permit. Francis Duzenack indicated that temporary signs could be installed for a period of up to

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two years. Mr. Kessler indicated he would like to have at least 18 months time to use the banner signs and, if all goes well, will return to Planning and Zoning for

permanent signs. Penny Sampinos moved to forward a favorable recommendation to Price City Council for the Temporary Conditional Use Permit - Signs for Price River Valley Loan - Things and Stuff for a period of eighteen months. Larry Bruno seconded and the motion carried.

III CONDITIONAL USE PERMIT - SIGN

RAIN CHECK

19 EAST MAIN

BONA SIGNS

A representative for Bona Signs was unable to attend and the presentation was made by Francis Duzenack. The 6' x 8' sign meets all the size requirements and will mount on the store front. There were no concerns or questions and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Sign for Rain Check. Penny Sampinos seconded and the motion carried.

IV CONDITIONAL USE PERMIT - A FRAME SIGNS

GLOBAL VOLUNTEER DAY - FAMILIES HELPING FAMILIES

SAFETY FAIR

NATIONAL GUARD ARMORY

GARTH LARSEN

Mr. Larsen was unable to attend and Francis Duzenack made the presentation. They have six or seven A-frame signs to direct people to the Safety Fair being held at the National Guard Armory. The signs will only be up for 24 hours. There was some discussion on the tolerance of A-frame signs. Joe Piccolo indicated that the Commission insisted A-frame signs measure no more than 4' x 4' and be secured by sandbags on the base. In addition, they cannot be placed on Price City property. These were the regulations given to Castle Valley Community Theater at the last Commission Meeting and this should remain the standard. Francis Duzenack will convey this information to Mr. Larsen. Joe Piccolo moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - A-Frame Signs for Global Volunteer Day/Safety Fair for A-Frame Signs. Laurel Marinos seconded and the motion carried.

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V CONDITIONAL USE PERMIT - A FRAME SIGNS

CASTLE VALLEY COMMUNITY THEATER

CHRISTMAS PAGEANT

MADELAINE NYFFELER

Ms. Nyffeler, representative of Castle Valley Community Theater, came before the Commission to ask if they could set up their sign schedule for a year at a time and eliminate the need to appear before the Commission prior to each performance. Joe Piccolo indicated CVCT has been very responsible and he has no problem with this request. There were no concerns, but Mr. Richens mentioned there are A Frame signs year round. Ms. Nyffeler indicated one option would be to make some permanent kiosks around town to display a schedule of local events, but a determination would have to be made as to who would make them and assume responsibility for upkeep. Mr. Piccolo suggested that, since Planning and Zoning will not be seeing a representative of CVCT regularly, stipulations be made that the signs go up ten days in advance, through and including the performance and come down the day after as part of the motion. Ms. Nyffeler indicated they would bring in the performance dates so Price City will know when the signs will go up. They have also sent their Board Members around to contact property owners and obtain permission to set up the signs on their property. They have three productions scheduled up to and including November of 2000. Vern Jones suggested this schedule be set up on a calendar year, running from January to January, including those productions up to and including November of 2000.

Joe Piccolo moved to forward a favorable recommendation to Price City Council for the approval of a Temporary Conditional Use Permit for Castle Valley Community Theater A Frame Signs through the year 2000, with the stipulation that the signs be placed no longer than ten days in advance of the performance and that a performance calendar be given to Price City so they will be aware of performance dates and when the signs will be put in place. Penny Sampinos seconded and the motion carried.

VI HOME OCCUPIED BUSINESS - OFFICE USE ONLY

NATIONAL MUSIC SUPPLY

380 NORTH 600 EAST

TODD OLDHAM

Mr. Oldham explained he is a wholesaler of musical instruments. They are shipped from the manufacturer and he deals in instruments only. There were no concerns and Alfred Richens moved to forward a favorable recommendation to Price City

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Council for the Home Occupied Business - Office Use Only - for National Music Supply. Larry Bruno seconded and the motion carried.

VII CONDITIONAL USE PERMIT

JS TO 7M SADDLE REPAIR

TACK AND LEATHER REPAIR

ANGELO MELO

Mr. Melo was unable to attend and Janet Roedel appeared on his behalf. She indicated the business would locate in the back of the building occupied by Charlie’s Pawn. When asked if there would be a sign, she was not certain, but thought there might be a sign left from the previous tenant. Francis Duzenack indicated if there is an existing sign and it meets the code, it could become a copy change and no sign permit would be needed. He will stop by and check it out. There were no other concerns and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit for JS to 7M Saddle Repair. Alfred Richens seconded and the motion carried.

VIII CONDITIONAL USE PERMIT

CONSTRUCTION OF CARPORT

PHILLIP BACA

133 NORTH 300 EAST

MR. BACA RESIDES WITHIN THE CD ZONE; LOT

COVERAGE IS REGULATED BY CONDITIONAL USE PERMIT

Mr. & Mrs. Baca told the Commission they would like to construct an open carport at this address. Mr. Baca is disabled and can no longer maintain the driveway in winter weather. Rain gutters will be installed so the runoff will not drain onto the neighboring property. They will submit building plans, purchase a building permit and hire a contractor to do the work. Francis Duzenack indicated this was in a Residential Zone with a maximum lot coverage of 35% of the lot. Even though this is a residential use, this 35% will limit this carport to only about 22 feet long. They are requesting to do the full length of the house which is 63 feet. Since the house is in the CD Zone, the coverage is regulated by Conditional Use Permit and the carport is permissible in the CD Zone. There were no concerns and Penny Sampinos moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Construction of Carport in a CD Zone. Laurel Marinos seconded and the motion carried.

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IX CONDITIONAL USE PERMIT - CONCEPT

CONVENTION CENTER DINNER CLUB

RESTAURANT PRIVATE CLUB

301 EAST MAIN

TONY BASSO - GARY GRAKO - SAM FARLAINO

Mr. Basso and Mr. Farlaino presented their idea for a convention center, dinner club, restaurant and private club. They feel there is a need in our area for such a facility. The front portion of the building will include a bar and restaurant and the back portion will be for weddings and conventions. They are looking for concept approval so they can apply for a liquor license. Price Check Auto, the current tenant, will vacate by the end of January, 2000. The old laundry, dressed up to match the main building, will serve as a rental, perhaps for Sherry’s Paint and Body Shop, who must relocate also. Outside remodeling will include stucco and crowning in neutral colors. Alfred Richens asked concerning the parking and Francis Duzenack indicated parking for the facility would be adequate. However, before proceeding with the project, a complete set of plans, including those for signs, must be presented for review. Vern Jones indicated this location was situated in the Redevelopment District and suggested they contact him as they move along in their project. There were no further questions at this point as this is Concept Approval only. Larry Bruno then moved to approve a Conditional Use Permit for Concept Approval for the Basso, Farlaino & Grako Convention Center. Alfred Richens seconded and the motion carried.

STAFF

A) PLANNING AND ZONING TRAINING

Vern Jones informed Commission Members that the Planning and Zoning Training Session has been rescheduled and will be held in Price at the BTAC on November 19 & 20 from 8:30 AM to 4:30 PM. Those planning to attend are Chairman John Angotti, Vice-Chairman Larry Bruno, Penny Sampinos, Joe Piccolo, Laurel Marinos and Vern Jones. All reservations must be in by Monday, November 15, 1999.

2) PAPA MURPHY’S PIZZA

Francis Duzenack referred the Commission to the issue of Papa Murphy’s Pizza. It was tabled until various issues could be settled and these have now been resolved.

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The Price City Attorney has written a memo, dated November 8, 1999, recommending that the project proceed. It will be returned to the Planning and Zoning Agenda of November 22 for formal action, but they would like a head- nod to proceed with construction. Joe Piccolo indicated the Commission should not have to act on this issue again because it was approved with some questions. The questions have been resolved and there is no need to re-approve the issue. Mr. Duzenack indicated it was his understanding that it was not approved, but was tabled subject to the matter being resolved. Both Mr. Piccolo and Mr. Richens indicated it was initially approved. Vern Jones substantiated this information and added that Planning and Zoning approved the matter and it was sent to Price City Council. The Council, in turn, referred it back to Planning and Zoning as a compliance request, based on the following unresolved issues: 1) site plan was not in order; 2) soil test was not provided; and 3) the sampling manhole was in question. If these items are in compliance, then it should be moved to City Council for approval. After discussion on the matter, members favored placing this issue on the Price City Council agenda for a favorable recommendation followed by ratification by the Planning and Zoning Commission at their next meeting. Larry Bruno indicated that, based on the City Attorney’s letter, he was in support of them proceeding with their construction.

Mr. Piccolo indicated he still has a question on how many different forms of eating establishments a conditional use permit will allow. In other words, the conditional use change might come back before the Council or Commission if that conditional use did change. Are Mama Lia’s Pizza and Papa Murphy’s Pizza licensed differently by conditional use? Francis Duzenack indicated there was no difference - they are licensed the same way. The fact that there could be conditional change with no further requests from this Commission or the City Council bothers Mr. Piccolo. Mr. Duzenack indicated that part of Mr. Sampinos recommendation was that they do a written recorded agreement with Mr. Krompel that, if another tenant ever uses that building, a sampling manhole will be installed. Mr. Piccolo indicated he was a proponent of installing the sampling manhole, but feels this is an unfair request when only Mr. Krompel is signing this agreement. He is satisfied with the Price City Attorney’s decision, but if convection ovens are put in the store without installing deep fryers and without having to change the conditional use permit a great deal, will that violate the agreement that we are making at this point? He feels there is a very fine line here and he is not certain.

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it can be enforced or administrated fairly because we do not have two categories in our conditional use permit. Now might be a good time, before the business license is issued, to make a non-cooking eating establishment business license. He feels the non-cooking food preparation/retail outlet has not been sufficiently addressed. Francis Duzenack indicated this would be a retail store and if that were to change to any other type of food establishment, the installation of a sampling manhole would be required. Mr. Piccolo reiterated all new commercial construction requires a sampling manhole and if the ordinance cannot be applied to everybody, it should not be applied to one individual. Although he agrees with the decision of the Price City Attorney, he does not agree with forcing Mr. Krompel to comply with a singular request that takes only his business into consideration. He feels that if it cannot be applied evenly, he should not be forced to comply at all. Vern Jones mentioned there was nothing in the letter saying or suggesting that we should have an agreement. The agreement was discussed only verbally by Mr. Krompel and the Price City Attorney. If the decision is based on the letter in front of you, then you can forward it to City Council. There were three items, mentioned previously, that required attention and all have been taken care of by this decision. Mr. Piccolo indicated to Staff that this matter should be placed on the Price City Council Agenda for final discussion. Chairman Angotti asked if it will be sent back to Planning and Zoning following final discussion. Mr. Piccolo indicated it was an open-end issue and was sent back so this Commission could make certain their recommendation was in order, however, he is not certain as to whether or not it must legally reappear on the P&Z Agenda. Larry Bruno suggested doing some research on the matter and, if necessary, put it on the agenda for ratification. Mr. Piccolo asked the Commission if they were in favor of allowing Mr. Krompel to open without the installation of a sampling manhole. All were in favor. He then asked if anyone present had an issue which would prevent this project from getting a favorable recommendation from City Council. There were none.

Mr. Piccolo will report to Price City Council on Wednesday night that conditions have been met to meet Final Approval for a retail outlet at Papa Murphy’s Pizza and the Planning and Zoning Commission is in favor of this. It will be ratified at the next meeting of the Planning and Zoning Commission in an attempt to comply with the time schedule set by Papa Murphy’s.

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There was no further business and the meeting adjourned at 7:05 P.M.

APPROVED

John B. Angotti, Chairman

Carolyn Vogrinec, Secretary