PRICE CITY PLANNING AND ZONING MEETING

MINUTES OF OCTOBER 9, 2007

PRESENT: Commissioners: Laurie Tryon, City Recorder

Jeff Nielson Nick Tatton, Community Director

Robert Richens

Edwin Shook

Frankie Sacco

EXCUSED: Chairman Larry Bruno, Commissioner Alfred Richens and Commissioner Gary Lyon

OTHERS PRESENT: Brent Hadfield , Archie Hamilton, Michael Marx, Kathy Hanna-Smith, Cassi and Bryan Noyes, Grady and Jeanne McEvoy, Christy Nelson, Rick Krompel, Paula Wells, Mr. & Mrs. Mike Milovich, James Cordova, Justin Orth, Kathy Chatterton, Robert and Amy Marx, Mary Marx, Stephen Ludlow, Peggy Basso, John and Carmel Gallegos

I PLEDGE OF ALLEGIANCE

Commissioner Nielson led the Pledge of Allegiance

MOTION. Commissioner Shook moved for Commissioner Nielson to serve as Chairman Pro-tempore in the absence of Chairman Bruno. Motion seconded by Commissioner Richens and carried.

II ROLL CALL

III MINUTES OF SEPTEMBER 24, 2007

A favorable motion to approve the minutes of September 24, 2007 as read was made by Commissioner Shook. Commissioner Sacco seconded the motion. Motion carried.

IV PUBLIC HEARING TO RECEIVE INPUT ON A PETITION TO VACATE THE STREET

RIGHT-OF-WAY FOR 100 SOUTH STREET EAST OF 700 EAST

MOTION. Commissioner Shook moved to open the public hearing at 6:09 p.m. to receive input on a petition to vacate the street right-of-way for 100 South Street East of 700 East. Motion seconded by Commissioner Richens and carried. Rick Krompel has requested a petition to vacate the stub street of 100 South, east of 700 east on behalf of himself and the neighboring property owner, Chris Micoz. This is a subsequent request to the prior vacation of the former Bonnie J. Subdivision at 710 East 100 South. Pursuant to Chapter 7, Section 7.7.8, Section 7.7.9 and Section 7.7.10 a petition to vacate a public street can be considered upon the completion of a required hearing notice period (4 consecutive weeks) and completion of a public hearing. A public hearing will be held at the Price City Council on October 10, 2007. No public comment was heard. MOTION. Commissioner Shook moved to close the public hearing at 6:10 p.m. Motion seconded by Commissioner Sacco and carried.

V PETITION FOR VACATION OF A CITY STREET- RICK KROMPEL, OWNER

SOUTH-EAST OF 700 EAST

MOTION. Commissioner Richens moved to recommend positively that Price City Council vacate the street right-of-way for the stub street of 100 South Street, east of 700 East Street pursuant to the provisions of Chapter 7 of the Price City Land Use Management & Development Code and having considered any public input received prior to or at the public hearing held on 10-9-07 at 6:00 pm. and to include a water and sewer easement maintained as requested by Public Works Department. Motion seconded by Commissioner Shook and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Rick Krompel.

VI HOME OCCUPIED BUSINESS- BUSINESS-FINAL

871 NORTH 300 EAST-CASSI’S CUTS-CASSI NOYES, OWNER

Cassi Noyes presented a request for a Home Occupied Business (HOB) in her home located at 871 North 300 East. The home is situated within the SF-8 Zoning District. The HOB is available in the Code under Section 10.3.4. Mrs. Noyes has collected positive signatures from the neighbors within 250’ of the residence as required by the code. Mrs. Noyes indicates in her application that she will only be serving a limited clientele of friends and family. A review of the general criteria for the zoning district indicates that the proposed HOB will not inhibit the districts’ character of “…medium to low density, single family residential neighborhoods where low and medium costs of development may occur”. Special criteria outlined in Section 1.13.90 are considered. It is the recommendation of staff to provide a recommendation for final approval of the HOB land use to the Price City Council. MOTION. Commissioner Sacco moved to approve a final for Cassi’s Cuts, contingent upon the following conditions:

• Inspection of the home by the Price City Building Inspector and Price City Fire Chief including inspection of any home alterations/improvements by the building inspector finding that inspection by the building inspector and Fire Chief will mitigate any current or potential health or safety impacts to clients of the business and surrounding homes;
• No employees other than family at the location (1.13.90);
• No unusual traffic beyond typical residential traffic (1.13.90);
• No on-street parking permitted for customers of the business (1.13.90), limit of no more than 2 customer vehicles at the home at any one time finding that negative traffic and neighborhood congestion impacts will be mitigated;
• No unusual waste to be generated (1.13.90);
• No electronic interference (1.13.90);
• No dust, odors, noise or other contamination (1.13.90);
• Signage limited to that indicated in Chapter 4 of the Code, any signage to be reviewed by the Price City Zoning Administrator for compliance and approval granted prior to placement at the home finding that the residential nature of the neighborhood will be preserved; Ms. Noyes stated that no sign will placed at the home.

Motion Seconded by Commissioner Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Cassi Noyes.

VII CONDITIONAL USE PERMIT-BUSINESS AND SIGN-FINAL

360 NORTH 400 EAST-J & C MARKETING AND TRAINING CENTER-JEREMY SACCOMANNO

MOTION. Commissioner Shook moved to table item VII and place the item on the 10/22/07 Planning and Zoning agenda as no one was available for the request. Motion seconded by Commissioner Richens and carried.

VIII CONDITIONAL USE PERMIT-BUSINESS AND SIGN-FINAL

67 E. MAIN STREET- CASTLE COUNTRY CANDLES-KATHLEEN PALMER, OWNER

Nick Tatton presented this Conditional Use Permit (CUP) application for Castle Country Candles. Kathleen Palmer will be locating the retail store for the business at 67 East Main Street (former Breinholt Music). Mrs. Palmer is purchasing the business and re-locating it to Price, the former owners located the business in Wellington. The proposed land use (retail sales) is available in the CD zoning district and is subject to the provisions of Section 12.3, referencing Section 11.3.4.46 of the Price City Land Use Management and Development Code (Code). A review of the general criteria for the CUP issuance indicates that the land use is “…in [an] appropriate location for…..commercial….uses which may center in harmonious relationships based on…..development”. No special review criteria are present in the Code. It is the recommendation of staff to provide a recommendation for final approval of the land use to the Price City Council. MOTION. Commissioner Shook moved for final approval for the CUP for Castle Country Candles with the following conditions:

• No Main Street parking by owners or employees, all owners and employees must park in the mid-block lots finding that maintaining Main Street parking open to customers for all businesses improves local commerce and is consistent with the Price City General Plan.
• No production of candles at the location without prior amendment of the CUP for building and fire safety finding that production of candles may pose a threat to health and safety.

· Submission of final signage plan to the Price City Zoning Administrator for compliance review and administrative approval prior to placement of business sign as indicated in Chapter 4 of the Code.

Motion seconded by Commissioner Sacco and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Kathleen Palmer as reported by Nick Tatton.

IX CONDITIONAL USE PERMIT-MSHA BUILDING-FINAL

1365 SOUTH CARBON AVE. #3- STEPHEN LUDLOW, CV, LLC.

Stephen Ludlow presented a request for a Conditional Use Permit (CUP) for a new MSHA office development at 1365 South Carbon Avenue (Building #3). Outstanding matters/requirements to be completed prior to consideration for final approval by the Planning Commission and stemming from the requirements set forth at preliminary approval include:

1. 24 X 36 site plan sheet needed – this has been completed;

2. Dedications and easements for the road – will be completed before receiving a building permit

3. Project elevations - this has been completed;

4. Plan and profile sheets for street elevations - has been submitted

5. Install water line in street and fire hydrant – this has been completed;

6. Flood control drainage plan; temporary detention basin planned -has been submitted

7. Install 2 street lights; corners staked with capped rebar – this has been completed;

8. PRWID sewer survey –waiting for final approval- have been submitted

9. Design to meet or exceed Price City minimum standards – this has been completed;

10. Geotechnical study – this has been completed and submitted;

11. Detail on water meter size and connection – has been submitted

12. Electrical load sheet submitted - already on the plans has been submitted

13. Complete development agreement and provide surety guarantee –being prepared by Gary Sonntag- will execute

14. Redesign driveways to meet APWA standard for ADA access –has been completed and submitted to Gary Sonntag

The proposed building development is situated within the GC, general commercial district and is a permitted use under section 11.3.5.1 (administration office services) of the Price City Land Use Management and Development Code. A review of the general criteria within the GC zoning district indicates that the proposed building: (1) is within an area appropriate for the location of business, retail commerce, entertainment…activities may be established, maintained and protected; (2) is a suitable environment for the….use which is vital to economic life, but some of which may be disruptive in a shopping center type of commercial development. No specific criteria are listed within the Code relative to this type of development. Occupancy date anticipated March of 2008. MOTION. Commissioner Shook moved to approve a final for the MSHA building development as presented by Mr. Stephen Ludlow with the stated contingencies listed above to be completed and that prior to the start of construction the following items be completed: 1) sign the development agreement and submit a surety guarantee; 2) provide a legal description for the road dedication and public utility easement; 3) provide a signed road dedication deed and signed easement agreement; 4) complete PRWID sewer connection requirement. Motion seconded by Commissioner Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Stephen Ludlow.

X CONDITIONAL USE PERMIT- SITE PLAN AMENDMENT-FINAL

447 E. 100 S. -JIM SHORTS/ARCHIE HAMILTON

Archie Hamilton presented this request. Nick Tatton stated that a couple of matters have surfaced post final approval on the above referenced project.

1. A utility pole that would required extreme expense to relocate will prevent the building form being located on the west side of the property and will necessitate the relocation of the building on the site plan to the east side of the property. The 10’ access requested by the Fire Chief will remain available, only located on the opposite side of the development. The Price City electric department has been contacted and indicated that no utility clearance or access problems will result from the relocation of the building.
2. The soil study indicated problem soils/fill toward the rear of the lot. This finding will require the building to be adjusted south, increasing the rear yard setback to 35’.

It is the recommendation of staff to approve the amended site plan with the above information and to further amend the approved site plan to include the condition of the north property line fence and that both sides of the property be fenced (sight obscuring). No other development matters are impacted.

MOTION. Commissioner Sacco moved to recommend final approval for the amended site plan for the service building located at 447 East 100 South with Jim Shorts indicating the adjustment as indicated on the revised site plan and to require a 6’ sight obscuring fence be installed on the north side of the development and on both the west and east sides of the development running from the north to a minimum of the building line on the south finding that the fence will delineate the property boundaries and provide for security of private property in the vicinity. Motion seconded by Commissioner Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Archie Hamilton.

XI CONDITIONAL USE PERMIT-SHERIFF INTAKE BUILDING-FINAL-DAVE

LEVANGER

Kathy Chatterton and Sheriff James Cordova presented a request for final approval on the Sheriff Intake Building project. Ms. Chatterton presented a finalized plan to the Planning and Zoning Commission of 200 West (near IFA). There have been no changes made from preliminary approval. Staff recommends approval. There were no questions or concerns from Commissioners. MOTION. Commissioner Shook moved for a final approval for the Carbon County Sheriff Intake Building as per Price City Land Use Management and Development Code Section 10-3-11 and to be completed with the final street design presented. Motion seconded by Commissioner Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Sheriff James Cordova and Kathy Chatterton.

XII CONDITIONAL USE PERMIT-MARX BODY AND PAINT-REVIEW

A citizen complaint from John Gallegos regarding Marx Body and Paint was brought to the last

City Council meeting (9/26/07). The City Council recommended that the issue be taken before the Planning and Zoning Commission for compliance of Marx Body and Paint’s Conditional Use Permit (CUP). The CUP was amended in 2005 for a change of business use and parking lot expansion. At that time, the CUP stated that the space directly behind (north) of the building to be asphalted for sale of Uhaul trailers and extended use of the property. Mr. Marx was given 18 months to complete the project. Mr. Gallegos requested the conditions of the CUP be met and the lot asphalted in order to keep weeds, mud and dust down behind the building. His home is three homes down from the business and felt that the lot had become an eyesore. He also wanted to see the dumpster moved to the other side of the lot and the Uhaul trailers parked so that they are not hanging out into the roadway. Mr. Marx would have liked to have the asphalt in by now, but has recently completed the asphalt on the front parking lot that faces the entrance to the City and does not have the financial means to complete the back section at this time. Mr. Marx stated that there are many other business in Price City that do not have asphalt on their lots and have been allowed to continue with business. He stated that his lot is very presentable and that he does his best to keep everything in compliance. The business has been in effect since 1986 and the Marx family doesn’t understand why all of the complaints are coming in now. Commissioner Nielson stated that this meeting was not a public hearing for comments. Commissioner Sacco requested comments from the attending citizens in order to make a decision. Carmel Gallegos commented that the business has grown over the years and the use of the property has changed. Jeanne McEvoy stated that she has received many complaints as a City Councilmember and the complaints are all the same. She feels that something must be done to work with the commercial and residentially zoned area and that everyone in the area needs to work together to keep the area a nice for residents and businesses. She commended Mr. Marx for his efforts to clean up the front of the building but would like to see the CUP requirements met. A code requirement (Section 6.7.1.1.1) within Price City Land Use Management and Development Code states that a hard surface must be placed on property used for business and sales. Commissioner Nielson stated that provisions are usually set to update property and many businesses are given extensions to complete the projects. Mr. Marx is opposed to the asphalt at the back of his building as it is only an 18’ wide strip. The condition was required at the time of the 2005 CUP amendment to accommodate the change of use to the property. Trailers are being parked on the strip and used for a sales lot extension. Staff recommends the requirements of the CUP be upheld, amended or given an extension for completion. The Fire Chief has not expressed concern for emergency vehicles as long as the road is not blocked. Mr. Marx stated that the issue of the dumpster being placed in a different location was recommended by City Sanitation, Inc. (not Price City Municipal). Commissioner Nielson would like a review of the existing 2005 CUP, the property and a new plat map drawn of the area. He would like everything researched and returned to the Planning and Zoning Commission by Mr. Marx at the next meeting. He would like Mr. Marx to take complete inventory of his business with a maximum of vehicles at one time that will be one the lot. Mr. Robert Marx stated that the business works hard to keep neighbors, customers and everyone happy. He feels that 99% of the community is happy and satisfied with the business and the property, while 1% has complaints. Mike Marx agreed to do the inventory of his business and come back with the changes and future growth to his business. Should the condition of the required paving of asphalt behind the building be enforced, Mr. Marx will request Price City pave the road to the property line and he will pave the remaining section. Commissioner Nielson stated that all issues will be addressed at the next meeting to include the paving requirement. Mr. Marx wanted to resolve the issue at this meeting but Commissioner Nielson requested more time to review the asphalt requirements and overall amended site plan before making a decision. Staff will recommend review of the asphalt by the City Engineer. MOTION. Commissioner Richens moved to table the item until the 10/22/07 meeting so that research can be done and proper information brought back to the meeting by Mr. Marx. Motion seconded by Commissioner Sacco and carried.

XIII CONDITIONAL USE PERMIT- CASTLE COUNTRY FENCING-REVIEW AND

POSSIBLE REVOCATION

Stephen Manzanares was not present at the meeting as per the written request of Price City as directed by the Price City Planning and Zoning Commission. Mr. Manzanares had nine months (ending 9/1/07) to comply with the Conditional Use Permit requirements set forth and agreed to by Mr. Manzanares on 11/6/06 and has not completed as of October 9, 2007. MOTION. Commissioner Shook moved to recommend revoking the Conditional Use Permit of Castle Country Fencing, to advise the Price City Police Department to take the necessary actions with citations for every day of non compliance and to recommend to the City Council the removal of Castle Country Fencing business license. Mr. Manzanares will be given until Monday, October 15, 2007 to clean up the area of concern before recommended citations begin. Motion seconded by Commissioner Sacco and carried.

XIV DRAFT ANNEXATION POLICY PLAN AMENDMENT

A public hearing will be held next month on this issue. A copy of the Annexation Policy Plan Amendment DRAFT was given to all Planning and Zoning Commissioners for review. Mr. Mike Milovich, Carbon County Commissioner was present at the meeting to view his concerns. He will return to the public hearing for comment. Mr. Milovich reminded Price City of the financial constraints annexation within the proposed annexation area may put on Price City with infrastructure costs, costs of service delivery and specific impacts on local citizens.

XV UNFINISHED BUSINESS

1. Pinnacle Canyon Academy: Update by Paula Wells

a. Building Inspection walk through and recommendations by 9-1-07-reported done 9/24/07

b. All plat revisions, public right-of-way dedications, improvement design completed by

12-31-07

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

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

Paula Wells, representative for Pinnacle Canyon Academy, reported that the Price City Building inspection voluntary walk through results are being completed this week. They are waiting on the City Engineer to finish exact curb, sidewalk and gutter plans. The bids will then advertise with a finished product by June or July. The completion of the development agreement will be done with the curb, gutter and sidewalk improvements. Off street parking will be addressed as the improvements are completed as to whether requirements parking on top of the hill will be an option. The Commission thanked Ms. Wells for her update on Pinnacle Canyon Academy.

2. Tom Richardson – Single Wide Trailer – 11-20-07

3. Imagination Station- Traci Udink -1-1-08 (fence & debris by 9/12/07)

Commissioner Sacco moved to adjourn the meeting at 7:45 p.m.

APPROVED______________________________ Jeff Nielson, Chairman Pro-tempore

ATTEST_________________________________ Laurie Tryon, City Recorder