Planning and Zoning Regular Meeting Minutes
38 West Center Street Gunnison, Utah 84634
November 11th 2015 at 7:00 pm
Start: 7:03 p.m.
Presiding: Brian Jensen
Invocation: Rod Taylor gave a prayer
Roll Call: Michelle Smith, Stella Hill, Nolan Squire, Rod Taylor, Brian Jensen, Jeremy Vincent and Allysia Dahl
Audience: Alayna Mendez, Ron Christensen and Michelle Christensen
Mobile Business License discussion
Brian Jensen asked the audience for their suggestions on the Mobile Business License proposal that had been sent prior to the meeting. Ron Christensen stated that they welcomed the proposal and the only changes that they could suggest is that if a business is on a private residence rather than a city right-of-way, city property or public land, the city would not have control over how a business obtains electricity to the business. Brian Jensen stated that he would like to outline specifically what the city would like to see on property like the High School, or the City Park.
Michelle Christensen asked if she would be able to do a seasonal permit, which would be simply for the summer months. Brian Jensen stated that there could be something in our city ordinances that would allow such a business license. Michelle Christensen inquired as to the cost of the fee for such a business license, and recommended that it be minimal due to.
Rod Taylor stated that we probably would want to remove the excerpt stating that there “shall be no overnight parking allowed-even upon private property”, He stated that we should probably allow upon private property but perhaps not on city property. Mr. Taylor further stated that he really thought that the following was needed to be put into place for the city of Gunnison in regards to all businesses, not simply mobile businesses throughout the city.
“In the event Gunnison City is notified by the Health Department that a violation has occurred and the Department has issued a stop order, the City shall revoke the -business license issued to said vendor until such time, as the Health Department has provided written notice and approval for the continued operations by vendor.”
Rod Taylor stated that if the City is ever notified by any regulating agency of any violation that the City has the authority to revoke the business license if the violation is not handled within a certain amount of time. Rod Taylor stated this will ensure that the City will not be responsible for checking the hookups for businesses and help the city maintain healthy businesses within the city. Rod Taylor would like it to be specified that the Health Department be responsible for on-site inspections, or any regulating agency finds any violation we help the business owner by supporting their recommendations of said violation. Jeremy Vincent detailed that the Health Department is the responsible party for that and that there is a grade on the Health Department where it shows all grades of all inspections and it is available to the public.
Stella Hill asked Alayna Mendez how often her business is inspected. Ms. Mendez stated that she had been inspected twice, and since she was only open for an eighth month period.
Rod Taylor stated that we needed to define what a mobile business is, A Mobile Business would be mobile business that operates on a four month time, depending on the location of business; meaning private property, city property or public land.
Brian Jensen asked Allysia Dahl to correspond with Janell Braithwaite on any specifics needed in the process of Incorporate the Licensing with this ordinance.
Ron Christensen stated that she will get a garbage can and ensure that Alayna Mendez is compliant in that aspect as well. Rod Taylor stated that all businesses have to set up a contract with Whites Sanitation and it does not go through the City.
Michelle Smith, inquired if the water bill included the garbage fee, Michelle Christensen responded that it was a separate fee in the utility bill. Michelle Smith asked Alayna Mendez to remind her where her where the grey water was going, Ms. Mendez stated that the Health Department instructed her to dump that in the sink or the toilet. Ron Christensen stated that she simply brought her grey water to his business and dumped it into the Sewer. Michelle Smith asked if she had considered hooking up to Sewer, for direct access. Brian Jensen stated that that is where we have to illustrate what a mobile business is vs a permanent business. Rod Taylor recommended that we accept what any regulating department suggests, such as the Health Department or other entities. Mr. Taylor further stated that he would defer all issues such as these to state regulations, policies and practices. Ron Christensen stated that the maximum grey water the Taco truck was giving daily was approximately five gallons.
Michelle Smith asked Ms. Mendez if she was currently parked on asphalt, Ron Christensen and Michelle Christensen stated there is currently no asphalt however; gravel had been placed around the truck to ensure the public didn’t walk in the dirt. Michelle Smith stated her concern was in regards to if they had to move the truck and a heavy rain made it impossible for the business to move. Brian Jensen suggested that again, if they have written consent from the property owner that it is ok to not be on a paved surface it should be allowed upon private property as an exception.
Ron Christensen asked if we could have an exception to the signage clause, where it would be allowed to place a non-attached sign outside the mobile business. Jeremy Vincent stated that he would like to see any type of sign that is not attached visible only during hours of operation. Rod Taylor suggested that it be a small temporary A-frame type of sign that is removable by end of operational hours, and not on public property.
Rod Taylor stated that the only place the exclusion of mobile businesses should be is anywhere outside R&C zone. Mr. Taylor explained that mobile businesses should not be allowed where other permanent businesses are not allowed.
Brian Jensen stated he didn’t have a problem with that but had concerns about special events, such as events out at the elementary or the Fourth of July Celebrations. Brian Jensen wanted to see more businesses at events such as that, however was concerned with everyone having a mobile business on their front lawn. Rod Taylor wanted to know if they were covered by another permit for special occasions, such as a temporary use permit. Brian Jensen stated that we wouldn’t have to have a special permit because she would have a mobile business license. Brian Jensen stated that it will be allowed in R&C 1 and CC1. Stella Hill inquired what zone Schools fall under, Rod Taylor responded with Agricultural or Residential. Brian Jensen stated that the school is located in the RR-1 (Rural Residential) zone.
Allysia Dahl asked the commission if they wanted to exclude any type of business from being able to obtain a mobile business. Stella Hill gave the example of Sexual Oriented businesses. Brian Jensen stated that falls within the already stated ordinances and if they wanted that type of business they would have to go through those avenues to obtain that, and he would not recommend excluding any type of business.
Brian Jensen asked if there was anything else we wanted to change or add to the Mobile Business License Ordinance. Brian Jensen expressed his appreciation to Mr. and Mrs. Christensen and Ms. Mendez for helping in the collaboration in drafting this ordinance.
Mr. and Mrs. Davisand the discussion of Purchasing the Old School Located at 682 South Main Street
Allysia Dahl stated that she had attempted to contact Mr. and Mrs. Davis and they were supposed to be attending this meeting. Brian Jensen stated that we will wait to hear from Mr. and Mrs. Davis before discussing this item further.
P-2 Application for a property line adjustment for Brian Jensen located at 155 West 200 South
Brian Jensen explained that he would like the Planning Commission to look at his application to move the property line ten feet west of the current location. He further explained that it would not become a non-conforming lot, the house and all other aspects of the property remain the same. The reason is that he had planted a row of trees right on the property line and he didn’t want problems in the future. Rod Taylor asked if the proposal, drawing was as is or with the property line adjustment already made. Brian Jensen stated it was as is; it was within the City and met water requisites. Rod Taylor stated there were some provisions that allowed property line adjustments, but he would like to see any and all property adjustments come before the Planning Commission to ensure that there are no problems with non-conforming lots in the future and to ensure there are no utilities or easements that are infringed upon.
Stella Hill made the motion to recommend to council for approval of the property line adjustment for Brian Jensen located at 155 West 200 South in Gunnison pending the notarization of the application and the application be submitted to the City Recorder by November 12th 2016. Nolan Squire seconded the motion. There were four Ayes’, zero Nays and Brian Jensen abstained from the vote.
Proposed Approval of Planning and Zoning minutes for Wednesday, October 14th 2015
Brian Jensen asked if there were any changes or amendments that needed to be made on the October 14th 2015 Planning and Zoning minutes. Mr. Jensen also informed the Commission that Mr. Warren Avery was scheduled to appear before the council on December 16th, 2015 on an appeal to the denial of his application for a Mobile Home park. Mr. Jensen further stated that Bruce Parker will be at the meeting to explain the decision. Rod Taylor stated that the council should have just sent to the council for review, and the appeal process should have been processed. Michelle Smith stated that she would have liked to see all his neighbors collaborating with Mr. Avery’s plan to install a mobile home park. Rod Taylor stated that the application should not have gone that far to begin with and he felt the application should have been a simple denial due to the fact that a Mobile Home Park is not allowed in an R&C zone within the City limits.
Stella Hill stated that within the audience it should be changed from “Marilyn Christen to Michelle Christensen”.
Brian Jensen made the motion to accept the proposed minutes with the changes suggested. Michelle Smith seconded the motion. All present members were in favor.
Appointment of Chair and Vice Chair for the Planning and Zoning Commission:
Brian Jensen asked the commission if there was a volunteer to be the Chairperson for the Planning and Zoning. Stella Hill volunteered to be the Vice chairman. Brian Jensen nominated Michelle Smith to be the Chairperson. Rod Taylor stated that he thought she would be a good fit and he thinks the time she has spent on this board will help her.
Michelle Smith stated that she would accept the position of Chairperson, but she would like to see the plat maps for the city. Allysia Dahl stated that she had been corresponding with Blaine Jensen and they were working on getting that overlaid in the system.
Brian Jensen made the motion to nominate Michelle Smith as Chairperson, and Stella Hill as the Vice Chair for the Gunnison City Planning and Zoning Commission. Stella Hill seconded the motion. All present were in favor. Ayes: four. Nays: zero.
Brian Jensen stated that he had been to a meeting at Sanpete County where they asked if all cities would help in submitting a map illustrating future roads, even if it is a rough idea ofprospective roads and development. Mr. Jensen explained that Sanpete County needs this information for people who come to obtain a building permit in the future outside of the city. The county is looking for this information to attempt to protect cities in the future. Brian Jensen also stated that the County wanted any and all information that regards the well-protection; he suggested that once Sunrise Engineering finished the new water project map, we to submit to county and they will put in on record.
Rod Taylor stated that the Planning and Zoning commission needed to review the Master Plan, and perhaps that could help us in getting the County updated on any future permits that may be issued. Michelle Smith asked if “G-Hill” was in the county. Rod Taylor gave Bruce Christensen’s property as an example; Stella Hill stated that it was supposed to be a subdivision, and how the access roads would need to cross into the county.
Public Comments
There were no citizens in attendance requesting public comment at this time.
Discussion of future items to be placed on agenda:
Stella Hill let the commission know of Ben Hill’s intentions of movingThe Copy Station into her garage. She will be providing a Regular Business License to do a Home Occupation License to review when Ben Hill decides to move into the garage.
Stella Hill inquired if we wanted to try to address the issue of realtor’s making promise to prospective property buyers, and not disclosing the city code. Mrs. Hill was curious if there any regulations that the City can put into place to help control the realtors from telling the property buyers false information. Brian Jensen stated that it was a matter of the realtor having integrity and disclosing city code. Rod Taylor explained that it is a buyers beware program and it is unfortunate that there isn’t a way to help future inhabitants from getting caught in the crossfire, and hopefully future individuals will research prior to buying property for their specific needs. Mr. Taylor further stated that there is not a provision, nor can the City mandate any sales of property, it is simply the buyer’s responsibility. Michelle Smith stated that the legal description of the property does include that and it’s the property purchaser’s responsibility to do their due diligence.
Adjourn:
Brian Jensen made the motion to adjourn the meeting. Stella Hill seconded the motion. All present were in favor.
End:8:03 p.m.
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Allysia Dahl, Secretary
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Michelle Smith, Chairperson
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Approval Date