PRICE CITY PLANNING AND ZONING MEETING

MINUTES OF APRIL 28, 2008

 

PRESENT:           Commissioners:                                  

                                Larry Bruno                          Laurie Tryon, City Recorder

                Robert Richens                    Nick Tatton, Community Director

                                Kathy Hanna-Smith

                Frankie Sacco

                Gary Lyon

                Alfred Richens    

EXCUSED: Commissioner Shook

OTHERS PRESENT: Ray Morley, Ed Ellis, Dan and Susan Goslin, Paul Simmons, Patty Wilcox, Julie Robertson and Lisa Clark

 

I              PLEDGE OF ALLEGIANCE

                Chairman Bruno led the Pledge of Allegiance

 

II             ROLL CALL

 

III           MINUTES OF APRIL 14, 2008

              Commissioner Lyon moved to approve the minutes of April 14, 2008 as amended. Motion

              seconded by Commissioner A. Richens and carried.

 

IV           PUBLIC COMMENT ON AGENDA ITEMS- No public comment presented

 

V             PUBLIC HEARING TO RECEIVE INPUT ON AN APPLICATION FOR A POTENTIAL ZONE

              CHANGE FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF 600 WEST

              AND 200 SOUTH FROM A MULTIPLE RESIDENTIAL MR7 TO A COMMERCIAL

              DEVELOPMENT CD

                A letter requesting withdrawal of this zone change request was received from the applicant. MOTION.  

              Commissioner Lyon moved to strike Item V and to recommend a refund of the rezoning fee to Mr. Morley.

              Motion seconded by Commissioner Hanna-Smith and carried.   

 

VI           REZONE REQUEST APPROVAL FOR A ZONE CHANGE AT THE NORTHEAST CORNER OF

              600 WEST AND 200 SOUTH FROM A MR7 TO A CD ZONE- RAY MORLEY

              A letter requesting withdrawal of this zone change request was received from the applicant.

                MOTION. Commissioner R. Richens moved to strike item VI and to recommend a refund of the rezoning

              Fee to Mr. Morley. Motion seconded by Commissioner Lyon and carried.

 

VII          HOME OCCUPIED PERMIT- BUSINESS- FINAL

                260 NORTH 6TH AVE. - CLINTON CHRISTENSEN- INTERMOUNTAIN OUTDOOR INSTITUTE

                Clinton Christensen requested a Home Occupied Business Permit (HOB) for Intermountain Outdoor

              Institute. Mr. Christensen will be offering river rescue courses on the Green River. He stated that his home

              will only be used for the loading and unloading rafts to and from his vehicle. Mr. Christensen said that 

              there will not be traffic or impact to the area and that 3 rafts maximum will be stored at his home at any

              time. He stated that he had a 4 ½ pound fire extinguisher and the Fire Chief has inspected his home.

              Chairman Bruno read aloud the conditions:

·         No employees other than immediate family at the home;

·         No unusual traffic permitted on site or off site which are not customary to a residential use.

·         No parking except for customary automobiles and other traditional residential vehicles including vans and pickups.

·         No parking beyond the driveway for more than 4 vehicles on the premises outside of the residential structure (garage).

·         All parking required to be accommodated on-site.

·         No unusual waste, or amounts, residential or otherwise generated.

·         No unusual electronic interference generated.

·         No non-residential dust, odors, noise or other contamination to be generated.

·         Maintenance of all applicable local, state or federal licensing, copies to be provided to Price City.

                MOTION. Commissioner A. Richens moved to approve the HOB for Intermountain Outdoor Institute.

              Motion seconded by Commissioner Lyon and carried. ACCEPTANCE: The Commission confirmed the

              acceptance and understanding of the approval conditions by Clinton Christensen.

 

VIII        HOME OCCUPIED PERMIT- BUSINESS-FINAL

                1488 E. 800 N. - D&S TRUCKING- DAN AND SUSAN GOSLIN, OWNERS

                Dan and Susan Goslin requested a Home Occupied Business (HOB) Conditional Use Permit (CUP)

              for Office Use Only (OUO) at their home to operate a trucking company called D&S Trucking. A garage

              will be used for tires and low maintenance items for the truck. Parking and maintenance of the trucks are

              done at Savage Trucking. Mr. Goslin stated that trucks are brought home once in a while to clean out the

              cab but no trailers are brought to the home.  The home faces the street and is located at 1488 East 800 North

              within the Single Family 8 (SF-8) zoning designation. It is the recommendation of staff to provide a

              recommendation for final approval. Chairman Bruno read aloud the conditions. MOTION. Commissioner

              A. Richens moved to approve the HOB for D&S Trucking with the following conditions:

·         No employees other than immediate family at the home;

·         No unusual traffic permitted on site or off site which are not customary to a residential use including no semi tractors or trailers located, parked, stored, or serviced at or adjacent to the home.

·         No parking except for customary automobiles and other traditional residential vehicles including vans and pickups.

·         No parking beyond the driveway for more than 4 vehicles on the premises outside of the residential structure (garage).

·         All parking required to be accommodated on-site.

·         No unusual waste, or amounts, residential or otherwise generated.

·         No unusual electronic interference generated.

·         No non-residential dust, odors, noise or other contamination to be generated.

·         Maintenance of all applicable local, state or federal licensing, copies to be provided to Price City.

                Motion seconded by Commissioner Lyon and carried. ACCEPTANCE: The Commission confirmed the

              acceptance and understanding of the approval conditions by Dan Goslin

 

IX           CONDITIONAL USE PERMIT- BUSINESS AND SIGN-FINAL

                690 EAST MAIN- THE QUILT LOFT OF UTAH- PATTY WILCOX, OWNER

                Patty Wilcox requested a Conditional Use Permit (CUP) for a quilting business located at 690 East Main

              Street within the Commercial Development (CD) zoning district and inside of the Key Bank building.

              Mrs. Wilcox indicated on the application that her business would be commercial, manufacturing, retail,

              wholesale, and a service. Ms. Wilcox confirmed that she would not be doing any manufacturing or

              warehousing and was just unaware of the language in the City code when she filled out the application.

              Chairman Bruno read aloud the conditions for the business. Staff recommended approval as requested.

              MOTION. Commissioner Hanna-Smith moved to approve the CUP for Patty Wilcox with the following

              contingencies. Motion seconded by Commissioner Lyon and carried.

    1. No manufacturing, warehousing or other uses not available in the CD zoning district finding that indications of such uses are evident on the application and are not permitable in the CD zoning district;
    2. Building Inspector and Fire Chief inspection of the business location and compliance with all requirements
    3. No on street parking permitted in accordance with the provisions of Chapter 6 of the Code
    4. Submission of all business signage to Price City Planning Department Staff prior to installation finding that signage must be permitted in accordance with the provisions of Chapter 4 of the Code and uniformity in signage supports the goals of the Price City General Plan;

                Ms. Wilcox stated that a sign would be placed inside of the sidewalk and that she understood that she

              would have to bring the plans to Price City for approval. ACCEPTANCE: The Commission confirmed the

              acceptance and understanding of the approval conditions by Patty Wilcox.

 

X             CONDITIONAL USE PERMIT- AMENDMENT-FINAL

                410 EAST MAIN- EXTREME AUTOMOTIVE- PAUL SIMMONS, OWNER

                Paul Simmons from Extreme Automotive requested an amendment to his existing Conditional Use Permit

              (CUP) for the addition of vehicle sales to the land use permit. Chairman Bruno told Mr. Simmons that there

              have been complaints turned into the City about garbage blowing from his dumpster to neighboring

              property owners. Mr. Simmons was unaware of the garbage issue and complaints from his location. He

              stated that if he had known he would have taken care of it immediately. Mr. Simmons stated that at some

              point he would like to add vinyl fencing on the west end, take down the canopy in the middle of the lot and

              fix the asphalt on the property. The fence on the East side is also in need of repair. He stated that he would

              like to put up a new fence to provide security and keep trash from blowing into neighboring property. Mr.

              Simmons asked if he could be approved for up to 10 cars but at this time he stated that he will only have 3

              to 5 on display. Chairman Bruno stated that all previous conditions that applied on approval will still apply.

              Staff recommended final approval. Chairman Bruno read aloud the conditions. MOTION. Commissioner

              Hanna-Smith moved to approve the CUP amendment subject to the following conditions: Motion seconded

              by Commissioner Sacco and carried.

·         Continued compliance with the conditions previously set forth within the CUP;

·         No work-in-progress vehicles to be stored within open sight from Main Street, no inoperable vehicles, parts, etc. to be stored within open sight from Main Street finding that the visual impact of storage materials and inoperable vehicles negatively impacts community aesthetics and may negatively impact surrounding property owners and property values;

·         No parking or storage of vehicles on the public right-of-way finding that freely open public rights-of-way are a necessary community need and improve pedestrian and vehicle circulation;

·         No accumulation of garbage or debris (old tires, etc.) beyond that capable of being maintained within a garbage dumpster;

·         Garbage dumpster to be maintained within an enclosed sight obscuring stall and emptied at least one time per week or more;

·         Obtain a valid Price City building permit for any renovations or improvements taking place at the property;

·         Dedication of a minimum of 1 parking space for each 200 sq. ft. of floor space at the facility to accommodate employees and customers;

·         Completion of proper licensing and bonding with the State of Utah as a motor vehicle dealer and provision of a copy of licensing/bonding to Price City finding that properly licensed/bonded and registered motor vehicle dealers protect the community from negative impacts of unprofessional business practices;

·         Placement of vehicles on the sales lot not to exceed the maximum safe capacity of the lot finding that maximizing the safe capacity of the sales lot will promote business in the community and mitigate any safety impacts to employees or customers of Extreme Automotive;

·         No parking of vehicles for sale on or within a public right-of-way or easement finding that maintaining open an accessible public rights-of-way and easements facilitate pedestrian and vehicular circulation, public utility maintenance, and mitigate potential community safety concerns;

              ACCEPTANCE: The Commission confirmed the acceptance and understanding of the approval

              conditions by Paul Simmons.

 

XI           CONDITIONAL USE PERMIT- NEW BUILDING/BUSINESS-PRELIMINARY AND FINAL

                451 EAST MAIN- CARBON COFFEE- LISA CLARK AND JULIE ROBERTSON, OWNERS

                Lisa Clark and Julie Robertson requested preliminary and final approval for a new building to be

              constructed at 451 East Main Street. The business will be a drive-up, walk-up coffee and beverage shop

              called Carbon Coffee. An address re-assignment may need to be given. It is the recommendation of staff to

              provide preliminary and final approval. New site plans were given to the Commission addressing the new

              water storm drainage plan. The City Engineer has approved the 4” sewer lateral with clean out. All issues

              and requirements presented to the applicant in the concept stage have been addressed. MOTION.

              Commissioner A. Richens moved to approve the CUP for Carbon Coffee preliminary and final subject to

              Completion of final site and building plan updates. Motion seconded by Commissioner Lyon and carried.

              ACCEPTANCE: The Commission confirmed the acceptance and understanding of the approval conditions

              by Julie Robertson and Lisa Clark.

 

XII         CONTAINER REQUEST- MR. DAVID POPE- 1400 E. 890 N. FLORENCE SUBDIVISION- CODE

                CHANGE REQUEST       

                Mr. David Pope did not attend the meeting. Nick Tatton updated the Commission on the request for a

              storage container at the home of Mr. Pope located at 1400 East 890 North in the Florence Subdivision,

              situated within a Single Family 6 (SF-6) zoning district. Mr. Tatton stated that Mr. Pope would like to place

              a storage container on his property to store wood working tools and hardwood. Mr. Pope told Mr. Tatton

              that he intends to modify the appearance of the container if approved to be located on his residential

              property. Mr. Tatton stated that the Commission needed to make the decision to allow the container

              in the SF-6 zone or not. The Price City Land Use and Development Code does not allow for permitting or

              placement of a storage container in a residential area. The Commissioners have had this same request many

              times before and cannot grant the request. MOTION. Commissioner Lyon moved to not recommend

              approval of a code change that would permit storage containers in a residential zone. Motion seconded by

              Commissioner Hanna-Smith and carried.

             

XIII        CONDITIONAL USE PERMIT- NEW BUILDING- PRELIMINARY AND FINAL

                600 WEST 200 SOUTH- PRICE II, LLC-RAY MORLEY FOR SORENSON COMMUNICATIONS

                Ray Morley requested preliminary and final approval for the M-13 Construction of the Sorensen

              Communication/DMV building to be located at 189 South 600 East. Mr. Morley stated that he has done

              everything that was requested by the Planning Commission and is ready for final approval. The letter from

              BLM allowing for a dumpster to be placed on their property as not arrived yet but even if they don’t

              approve that, another option is available. The option would cut out two parking spots and place the

              dumpster in the northeast corner of the parking lot but there are still enough parking spots to be in

              compliance with the code. Nick Tatton stated that a building permit cannot be released until a development

              agreement with Price City has been completed. Mr. Ed Ellis, a neighboring property owner was allowed to

              speak by Chairman Bruno and wanted to know what was going to be done about dust control on the

              property during construction. He wanted the contractors to use more than a garden hose to keep the

              dust down. Mr. Ellis stated that he has complained to the contractor and the City and the dust is still bad.

              Mr. Morley said he called Mr. Ellis and got no answer. He would like to work with Mr. Ellis if necessary to

              solve the problem with the wind blowing dust around at the site. With all of the upcoming changes to the

              project, Mr. Morley will be better able to get water to site to get control of the dust. Mr. Morley stated that

              the south end of the property will be nice landscaping between sidewalk and parking lot with shrubs and

              trees. Mr. Morley stated that a stem wall will be placed under the fence on the east property boundary to

              protect the neighboring property from weeds growing underneath the fence. MOTION. Commissioner

              Hanna-Smith moved to approve preliminary and final for the project of Sorenson Communications subject

              to the following conditions. Motion seconded by Commissioner R. Richens and carried.  

    1. No use of easement at east property boundary to project location, placement of a 6’ sight obscuring fence (6’ white vinyl indicated by Mr. Morley and the fence is specifically approved as such) the length of the east property boundary with perpetually maintained landscaping on the east side of the fence (Wedgewood Villa side) to include, as agreed between Mr. Morley and Mr. Carroll (Wedgewood Villa owner) in e-mail correspondence dated April 23, 2008 copied to Price City:  a weed barrier, stone ground cover, 10 flowering plums, 12 burning bushes, 10 Spirera finding that no business use of the residential easement and agreed upon property boundary separation in the form of a fence and landscaping promotes harmony in the community and facilitates different and neighboring land uses and is consistent with the goals contained within the Price City General Plan.

                                                               i.      No use of the driveway serving Wedgewood Villa connecting to 200 South Street for construction purposes finding that excluding construction access from the Wedgewood Villa driveway promotes resident and pedestrian safety.

                                                             ii.      Placement of appropriate construction barriers between the development and Wedgewood Villa to limit any potential unauthorized access to the construction site finding that construction barriers reduce the possibility for accidents and injuries to community members.

    1. Fencing on the east and north property boundaries to be 3’ high for the 1st 25’ extending from the property line(s) then extending to 6’ high finding that 3’ fencing near the street facilitates sight lines and promotes safety and 6’ fencing clarifies property boundaries and separates neighboring land uses facilitation harmony in the community.
    2. Specific approval of the south parking lot driveway to be 25’ from 200 South intersection, instead of the standard 50’ finding that placement of the driveway 25’ from the intersection safely facilitates ingress and egress from the south parking lot.
    3. Right turn only exiting from the south parking lot onto 600 West with signage and paint marking at the parking lot exit indicating the right turn only finding that right turn only with signage and paint markings will mitigate potential accidents and promote safety at the 600 West 200 South intersection.
    4. Removal of any trees blocking sight distance at the intersection finding that proper visibility at intersections mitigates potential accidents and promotes vehicular and pedestrian safety.
    5. Submission of deeded public utility rights-of-way to Price City, minimum 10’ finding that properly deeded utility rights-of-way provide a means for long term public utility infrastructure maintenance and provides a mechanism to reduce potential misunderstandings regarding utility placements.
    6. Incorporation of, and development of fire safety requirements including additional hydrant and sprinkler system in building as requested by the Price City Fire Chief and confirmation of ability to use fire hydrant in K-Mart parking lot or installation of a second fire hydrant finding that life safety is a primary health, safety and wellbeing mission of Price City.
    7. A qualified letter from the BLM indicating permission for placement of the dumpster on BLM property or placement of the dumpster in the northeast corner of the north parking lot in a screened dumpster enclosure finding that properly placed and maintained garbage dumpsters and collection promotes improved community aesthetics and reduces incidents of blowing garbage and is consistent with the Price City General Plan.
    8. All construction, including public improvements, to be developed to minimum Price City or APWA standards finding that properly constructed improvements and developments promote long term quality development within Price City and is consistent with the Price City General Plan.
    9. Completion of all development in accordance with submitted qualified geotechnical study and storm water management reviewed and concurred with by the Price City Engineer finding that development that manages storm water mitigates potential for flooding of neighboring land uses and development consistent with the findings of a soil study promote long-term high quality development within the community.
    10. Development of noise producing and light emitting devices (parking lot lights and air conditioning units) in such a manner that noise and light pollution is angled away from all residential areas to the east and south of the development finding that retaining noise and light within the boundaries of the development mitigate negative impact on residential uses and provide an environment for adjoining residential uses to not be impacted by operation of the building.
    11. Completion and submission of a development agreement with the Price City Public Works Department and submission of the necessary financial surety to Price City for the development of all pubic infrastructure associated with the development and along both 200 South Street and 600 West Street to include curb, gutter, sidewalk, street lighting, fire hydrants, water lines, sewer lines, electric lines and transformers finding that completion of public infrastructure associated with development to Price City standards promotes long-term high quality development and is consistent with the Price City General Plan.
    12. Submission of building plans to the Price City Building Department for plan review and concurrence with all building and fire safety requirements finding that properly completed construction, in accordance with building and fire safety requirements protects the health, safety and welfare of the community.

 Acknowledgement: Mr. Morley acknowledged he is aware of the development conditions and all correspondence

 relative to the development.

 

XIV        UNFINISHED BUSINESS

                      1.  Pinnacle Canyon Academy:

                          a. All plat revisions, public right-of-way dedications, improvement design

                            completed by 12-31-07

                          b. Completion of development agreement requirements by 7-1-08

                      Update: Pinnacle Canyon Academy representatives called Gary Sonntag and are working on the issues.

                         c. Completion of off street parking requirements by 7-1-09

                      2. Tom Richardson – Single Wide Trailer – 01-21-08- Update- Building Inspector is in contact with

                    owner to work on issue.

                      3. Price Auto Group- Pavement – Update-Mr. Kalatzes sent a letter to Price City of his intentions for

                    the property and although slow, the work will be completed this year.  

 MOTION Commissioner Hanna-Smith moved to remove items 2 and 3 from unfinished business. Motion seconded by R. Richens and carried.   

 

Meeting adjourned at 6:50 p.m. by Chairman Bruno pursuant to the motion by Commissioner Hanna-Smith.

 

 

 

APPROVED: _________________________                  ATTEST: ________________________

                       Larry Bruno, Chairman                                                      Laurie Tryon, City Recorder