ESCALANTE CITY PLANNING AND ZONING MEETING
JULY 12, 2016
WORK MEETING - 6:00 P.M.
PUBLIC HEARING - 7:00 P.M.
REGULAR MEETING - 7:00 P.M.
ESCALANTE CITY COUNCIL CHAMBERS - 56 N. 100 W.
Chair Pro-Temp Tara Woolsey called the work meeting to order at 6:00 P.M. in the Escalante City Council Chambers.
Present at said work meeting were Chair Pro-Temp Woolsey, Commissions Marlene Stowe, Elaine Lott, Terry Olsen, Ed O'Kane, Lawrence Barnes and City Treasurer Debra Allen. Commissioner Tony Peterson and City Recorder Stephanie Steed were excused.
Also present were Wade Barney, Geraldine Liston, Leslie Venuti, Denise Olson, Joby Venuti,
Ben Venuti, Kathy Price, Bob Price, Monica Taylor, Mayor Jerry Taylor, Jean Bramble,
Jeanie Seymour, Emilee L. Woolsey, Erica Walz, Janalee Bernardo, Louie Bernardo,
Suzanne Catlett, Joe Catlett, Mark Austin, Georgette Costigan, Bob Hartman, Marty Ormond, Annette Ormond, Byron Ellis, Sheridan Wilder, David Traudt, Jenae Westhoff, Jared Westhoff, Page Witzdam, Stephanie Minnaert, Kelton Manzanares, Sherri Meisenbach, Katie Dutton, Darren Kuzma, Toni Wassenberg, Andre Yazdi, Terence Tontlewicz, Melani Torgersen,
Chirsty Celata, Al Celata and Alex Waters.
The work meeting was to review projects on the agenda and the Ordinances.
The work meeting was adjourned at 6:58 p.m.
Chair Pro-Temp Woolsey called the regular meeting to order at 7:00 P.M. in the Escalante City Council Chambers.
Present at said regular meeting was Chair Pro-Temp Woolsey, Commissioners Stowe, Lott, Olsen, O'Kane, Barnes and City Treasurer Allen. Commissioner Peterson and City Recorder Steed were excused.
Also present were Wade Barney, Geraldine Liston, Leslie Venuti, Denise Olson, Joby Venuti,
Ben Venuti, Kathy Price, Bob Price, Monica Taylor, Mayor Jerry Taylor, Jeanie Bramble,
Jeanne Seymour, Emilee L. Woolsey, Erica Walz, Janalee Bernardo, Louie Bernardo,
Suzanne Catlett, Joe Catlett, Mark Austin, Georgette Costigan, Bob Hartman, Marty Ormond, Annette Ormond, Byron Ellis, Sheridan Wilder, David Traudt, Jenae Westhoff, Jared Westhoff, Page Witzdam, Stephanie Minnaert, Kelton Manzanares, Sherri Meisenbach, Katie Dutton,
Darren Kuzma, Toni Wassenberg, Andre Yazdi, Terence Tontlewicz, Melani Torgersen,
Chirsty Celata, Al Celata and Alex Waters.
Chair Pro-Temp Woolsey called the Public Hearing to order at 7:00 p.m.
Chair Pro-Temp Woolsey explained the Zone Change Petition and asked if the public had any comments or questions.
DAVID TRAUDT
Mr. Traudt said he is concerned the Zone Change will decrease the value of his property.
Mr. Traudt said it will change the character of the neighborhood and the neighborhood is against the change. Mr. Traudt said money should not be a factor if this Zone Change is approved or not. Mr. Traudt said the City did not follow the State guidelines for a Zone Change Hearing. Mr. Traudt said he would like to see the City postpone the Zone Change, if they did not follow guidelines. Mr. Traudt said a lawyer has been retained and if the Planning and Zoning Committee approves the Zone Change tonight, he assumes City Council will deny it or he will proceed with a lawsuit. Mr. Traudt said this property is an eyesore. Mr. Traudt said he has had people tell him it will look better, but will it look better in 10 years. Mr. Traudt said he is worried about the value of the property diminishing. Mr. Traudt asked if this Zone Change has been posted. City Treasurer Allen said it was posted in 3 public places (Post Office, City Building, Griffins) and also in the newspaper. Mr. Traudt asked Planning and Zoning if they would be making a decision tonight. Commissioner Stowe explained, after Planning & Zoning's decision, it will go to a Public Hearing at City Council for a final decision. Commissioner Lott stated next Tuesday will be the City Council Public Hearing Meeting.
MARK AUSTIN
Mr. Austin said the issue, he is struggling with, is one of process. Mr. Austin said it was advertised in the Insider on June 23, 2016 and in the Spectrum. Mr. Austin said the State Law states it has to be published in a paper of circulation, so the Spectrum doesn't count. Mr Austin said the Notice was advertised on June 23, 2016 and the Public Hearing is on July 12, 2016.
Mr. Austin stated the State Statute requires 30 days of advertising prior to the Public Hearing, not the decision being made. Mr. Austin said he feels what Mr. Traudt and everyone else is arguing about, is the process and if it comes to be that the City has followed proper process, then so be it and congrats. Mr. Austin said by reviewing the State Statute and finding out the process has not been followed, he encourages Planning and Zoning to slow the process down, take your time and understand very clearly, because the consequences are great. Mr. Austin said if a lawsuit is filed, it is the community that loses. Mr. Austin said he doesn't want to see that, but it looks like that is where this is headed. Mr. Austin said he is not going to argue the merits and he did, in fact, receive a letter in the mail stating there is a proposed Zone Change. Mr. Austin said the letter said nothing other than they are proposing a Zone Change. Mr. Austin said he would encourage the City to be much more specific or have a more specific proposal and look at the impact on the neighbors before making a decision. Mr. Austin said once this hearing is closed, no matter what the decision, Planning and Zoning makes, the City Council will make the final decision. Mr. Austin said the 30 day period of time of an advertisement does not reflect on the decision of the City Council, it is in the Public Hearing.
JOBY VENUTI
Mr. Venuti said he has heard multiple times tonight, that a 30 day notice is required for a Public Hearing. Mr. Venuti stated he followed the process, he was instructed. Mr Venuti said he has worked with other cities and they only required a 14 days notice. Mr. Venuti said this has not been a fast process for us. We were here about 3 1/2 months ago and started the process.
Mr. Venuti said he hopes it improves the character and hopes the changes will increase the value of surrounding property. Mr. Venuti said he sees changes on Main Street and how it has improved Main Street. Mr. Venuti asked anyone with issues to please ask to meet with him and he will be more than happy to talk about their proposal.
BOB HARTMAN
Mr. Hartman said he purchased his property and now is concerned about the Zoning general process. Mr. Hartman said his understanding is 2 residents on 1/2 acre lot (RR-1-20). Now he is concerned that a piece of property on the corner from his place will want a Zone Change to allow more buildings. Mr. Hartman feels the Grandfather Clause is not applicable. Mr. Hartman said he doesn't want to see the Zoning slide. Mr. Hartman stated he wants to stay with the current Zoning and not change it.
JARED WESTHOFF
Mr. Westhoff said he has always loved Escalante. Mr. Westhoff said when he was 21 he rode up on the Fifty Mile Mountain and knew then what a great place this is. Mr. Westhoff said he is excited with the project Mr. Venuti is planning. Mr. Westhoff said he was nervous when they started their project because of this being a small community. Mr. Westoff said he has had a lot of experience and his attorney also verified the 14 day notice. Mr. Westoff said he supports this project. One of Mr. Westoff's concerns when they purchased their property was the present look of the Venuti property and how it might affect their business. Mr. Westhoff stated a family dwelling would put more traffic on the road than what the Venuti's proposal will. Mr. Westoff said good government helps people get where they want to go, so let's follow the right process.
LOIS MULCAHY
Ms. Mulcahy stated she just built a new home at 320 N. 500 W. directly across the street from the proposed Zone Change. Ms. Mulcahy said she is alarmed to have a change from residential to commercial. Ms. Mulcahy said she is worried about the negative impact. Ms. Mulcahy asked if everyone will be allowed to make the same changes from residential to commercial and what is the reasoning behind the change. Ms. Mulcahy said she doesn't understand and she is opposed to the Zone Change.
JOBY VENUTI
Mr. Venuti said his property does border commercial property. Mr. Venuti's plans are not to build a bank or restaurant on the property. Mr. Venuti said there is a loophole and with their 4 acres they could put Holiday Homes or a Bed and Breakfast and that would allow 3 times more people than the present plans. The present plan is for 12 units. Mr. Venuti reminded everyone this is not the final plan, but a proposal. Mr. Venuti said the plan is to have the lower part open and he also wants to keep the views.
MARK AUSTIN
Mr. Austin said, like I said earlier, I didn't know what to evaluate on this project. Mr. Austin said if the City could adopt a process with more dialogue it would be helpful. Mr. Austin suggested to Mr Venuti, you might want to provide a workshop for those people interested, so they could understand more of what we need to evaluate. Mr. Austin doesn't know if he is for or against the Zone Change because he doesn't know what to evaluate, but he does know that process is key. Mr. Austin said process is where any government or municipality gets into trouble if they haven't followed it to a 'T'. Mr. Austin said if an attorney pursues this, and the process was not done correctly, the community will lose. Mr. Austin suggested, take your time, evaluate, we don't need conflict. Mr. Austin said a better process will benefit this community and in a manner that will comply with State and Local Statutes.
DAVID TRAUDT
Mr. Traudt said just because the trailer park will be gone, this still doesn't make the Zone Change right. Mr. Traudt said this will impact the traffic in this area. Mr. Traudt said he worries the traffic will become dense in this area. Mr.Traudt stated he is not in favor of the Zone Change and is afraid it will affect his property value. Mr. Traudt asked if the City is going to keep changing Zones. Mr. Traudt said there is enough commercial property already zoned in the City and would like to see their project somewhere other than this property.
JANALEE BERNARDO
Mrs. Bernardo said she is 100% in favor of this project. Mrs. Bernardo said she disagrees with Mr. Traudt and feels this will be beautiful. Mrs. Bernardo said this property was Zoned Commercial at first. Mrs. Bernardo knows Ben Venuti's work and has confidence in his ability to build this project.
GERALDINE LISTON
Mrs. Liston said she is 100% in favor of this project. Mrs. Liston said she was raised in Escalante and loves it here. Mrs. Liston said she is glad to see something permanent being built on this property. Mrs. Liston said she supported Mark Austin's project and look how nice it is. Mrs. Liston said we need to be fair to the local builders as well as the builders that have moved here. Mrs. Liston said she is in favor of this project.
JOBY VENUTI
Mr. Venuti said he is willing to sit down with anyone and go over his project.
Mr. Venuti said he feels like the word commercial makes people nervous.
Mr. Venuti said he is not here to make enemies and would like to meet with everyone concerned. Mr. Venuti said he has the feeling that everyone would like to see this area cleaned up.
MARK AUSTIN
Mr. Austin said he feels like people are supporting this blindly and opposing it blindly.
Mr. Austin said right now the project doesn't show me a lot of specific information. Mr. Austin said there is a proper way to evaluate and people oppose because they don't know. Mr. Austin said he would encourage a better proposal. Mr. Austin said he has been proposing a better process for years. Mr. Austin said he does support the concept, but feels a need for a better process.
DAVID TRAUDT
Mr. Traudt said he knows the variables and is against the changes.
ANNETTE ORMOND
Mrs. Ormond said she had just learned about the Zone Change. Mrs. Ormond is concerned about the noise and brightness that it might bring to their area. Mrs. Ormond said she knows the City needs business, but she would like to see it proceed appropriately. Mrs. Ormond also said she would like to get more information and see that the noise will be controlled.
Mrs. Ormond said she is worried about the Zone Change and doesn't want this to become a slippery slope. Mrs. Ormond asked where do we draw the line.
JOBY VENUTI
Mr. Venuti said he would like to meet with concerned people to show his plans, go over maps and answer any questions they might have. Mr. Venuti said, risks have been taken on this project and he realizes everyone is entitled to their own opinion. Mr. Venuti agreed a meeting would help and then come to the Council Meeting Public Hearing.
MARK AUSTIN
Mr. Austin said the Zoning Ordinances needs to be reviewed and overhauled.
Mr. Austin said they were last reviewed in (1976) and still have the same wording. Mr. Austin said the ordinances do not accommodate the needs of the community or the builder.
Mr. Austin said this decision should be made later, not right now. Mr. Austin said he feels it is only reasonable to put the decision off.
PAIGE WITZDAM
Mrs. Witzdam said to stay with the Zoning that is now in effect and if Mr. Venuti wants to, he should build homes. The City is in need of housing.
Chair Pro-Temp Woolsey asked if there was anymore questions or comments.
Chair Pro-Temp Woolsey closed the Public Hearing at 8:00 p.m.
DECISION ON PROPOSED ZONE CHANGE
Chair Pro-Temp Woolsey asked the Commission if they had any discussion or questions on the proposal on the Zone Change.
Commissioner Lott said as a Planning and Zoning Commissioner she is very confused with the Public Hearing. Commissioner Lott said she doesn't feel like there is adequate information concerning the Public Hearing. Commissioner Lott said, for example, the Westhoffs came to the Planning and Zoning meeting to find out what information was needed before they presented their Resort Plan to Planning and Zoning. Commissioner Lott said she came blindly to the meeting about the Zone Change.
Chair Pro-Temp Woolsey said Mr. Venuti sent out the required letters and the only letter received back, for the proposed Zone Change, was in favor. Chair Pro-Temp Woolsey explained the Westhoff's project is different because they were already on commercial property and didn't require a Zone Change. Chair Pro-Temp Woolsey said Mr. Venuti is asking for a Zone Change at this time and will have the opportunity to present his plan later.
Commissioner Stowe reminded everyone we are only talking about the Zone Change at this time.
Commissioner Lott made a motion to table the Zone Change and get more information.
Chair Pro-Temp Woolsey said this item cannot be tabled.
Commissioner Barnes said the City does have a current Zoning Ordinance. The Ordinance was signed by Mayor Taylor, November 16, 2016. The Zoning map shows the Commercial Zone is mainly along Highway 12. Mr. Venuti's proposal is to put Commercial Zoning that is Single Family Residential. Commissioner Barnes said the (RR-1-20) Zone states a 1/2 acre lot as the minimum size with 110 ft. street face. In the Zoning Ordinace on page 19, Chapter 5.8. Nonconforming uses may be continued, but not expanded or extended either on the land or an adjoining property. The Ordinance states, if the nonconforming use is abandoned for 3 years, the future use of land shall be in conformity with this Ordinance. Commissioner Barnes referred Drew Parkin's County Report to the City Council, which said the primary need in Escalante is Single Family Residential. The Single Family Residential Zone has a Conditional Use as a Planned Unti Development. Mr. Ventui's project, in the present Zone, without changing anything, is a Planned Unit Development. Commissioner Barnes said we can consider any Planned Unit Development as long as all requirements are met. Commissioner Barnes said he agrees with Commissioner Lott that the Commission is not ready to make a decision at this time on the Zone Change.
Mr. Venuti asked the Commission if in the present Zone, they are saying, he can do a
Planned Unit Development. Commissioner Barnes said yes, a Planned Unit Development is a Conditional Use in the RR-1-20 Zone. Mr. Venuti said, if we can do a Planned Unit Development, we will not need a Zone Change.
This item was discussed at length.
Commissioner Olsen made a motion to move this item forward to the City Council Meeting and have Mr. Venuti meet and present his plans for the proposed Zone Change. Commissioner Barnes seconded the motion. Motion carried with Commissioners Barnes, O'Kane & Olsen voting aye. Commissioner Lott voting nay.
ADOPTION OF THE AGENDA seconded the motion. Motion carried with Commissioners O'Kane, Olsen, Lott and Barnes
Commissioner Barnes made a motion to adopt the agenda as written. Commissioner O'Kane voting aye.
APPROVAL OF MINUTES
MINUTES OF THE JUNE 28, 2016 MEETING
Commissioner Olsen made a motion to approve the minutes of the June 28, 2016 meeting as written. Commissioner Barnes seconded the motion. Motion carried with Commissioners Lott, O'Kane, Barnes and Olsen voting aye.
PUBLIC COMMENTS
ERICA WALZ
Ms. Walz said it would have been nice to have the developer show Mr. Venuti's plans on a projector. Ms. Walz suggested the City purchase a projector for future use.
SCHEDULED ITEMS
BEN VENUTI - CONDITIONAL USE PERMIT - 235 N. 400 W. AND 200 N. 520 W.
Commissioner Lott made a motion to put this on the next agenda. Commissioner O'Kane seconded the motion. Motion carried with Commissioners O'Kane, Barnes, Lott and Olsen voting aye.
ALAN AND MELANI TORGERSEN - REMODEL EXISTING HOME, FENCE AND PORCH - 300 W. 110 S.
This item was discussed during the work meeting and meets all requirements. Commissioner Lott made a motion to approve Municipal Approval Project Form in accordance with Chapter 5.6 (noting the nonconforming front setbacks) of the Planning and Zoning Ordinances. Commissioner Barnes seconded the motion. Motion carried with Commissioners Barnes, Olsen, O'Kane and Lott voting aye.
LEGEND SOLAR - SOLAR PANEL INSTALLATION - 225 SOUTH CENTER STREET
This item was discussed during the work meeting and meets all requirements. Commissioner Barnes noted the address was corrected from 225 North to 225 South. Commissioner Barnes made a motion to approve the Solar Panel installation in accordance with the Planning and Zoning Ordinances and noting it needs to go to Garfield County for further approval. Commissioner O'Kane seconded the motion. Motion carried with Commissioners Olsen, Barnes, Lott and O'Kane voting aye.
KIM NORRIS AND ALAN DAY - DECK - 409 N. 300.W.
This is item was discussed during the work meeting and meets all requirements. Commissioner Olsen made a motion to approve the Municipal Project Approval Form for Kim Norris and Alan Day in accordance with Chapter 18.5 and 18.2.5 of the Planning and Zoning Ordinances. Commissioner Lott seconded the motion. Motioned carried with Commissioners O'Kane, Lott, Barnes, and Olsen voting aye.
Commissioner Lott made a motion to adjourn the meeting at 8:15 p.m.
Commissioner Olsen seconded the motion. Motion carried with all in favor.
_______________________________
Debra Allen/City Treasurer
Date minutes
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disability Act, individuals needing special accommodations during this meeting should notify Stephanie Steed, City Recorder at (435) 826-4644 at least 48 hours prior to the meeting.