MINUTES OF OCTOBER 22, 2007
PRESENT: Commissioners:
Jeff Nielson
Robert Richens
EXCUSED: Chairman
Bruno, Commissioner Alfred Richens
OTHERS PRESENT: Kathy Hanna-Smith, Jeremy Saccomanno, Chris Belliston, Rick Krompel, John
Gallegos, Brent Hadfield and Jeanne McEvoy
I PLEDGE OF ALLEGIANCE
Commissioner
Lyon led the Pledge of Allegiance
MOTION. Commissioner Shook moved
for Commissioner Lyon to serve as Chairman Pro-tempore in the absence of
Chairman Bruno. Motion seconded by Commissioner Nielson and carried.
II ROLL CALL
III MINUTES
OF OCTOBER 9, 2007
A favorable motion to approve the minutes of October 9,
2007 as amended was made by Commissioner Nielson. Commissioner Robert Richens
seconded the motion. Motion carried.
Minutes from draft amended
per the following changes:
Item VI- Cassi’s
Cuts- line 4, “Mrs. Noyes indicates in her application that she will only be
serving a limited clientele of friends and family.” Commissioner Nielson would
like the sentence removed as he stated at the meeting that the stipulation
would not apply and Mrs. Noyes could provide salon services to others outside of
her immediate family.
Item XII, Marx Body &
Paint-line 27, “property used for business and sales” should read, “property
used for private and public parking lot”
IV CONDITIONAL USE PERMIT-BUSINESS AND
SIGN-FINAL
360 NORTH 400 EAST-J
& C MARKETING AND TRAINING CENTER-JEREMY SACCOMANNO, MICKEY SACCOMANNO AND
CHRIS BELLISTON
Chris
Belliston requested a Conditional Use Permit (CUP)
application for J&C Marketing and
V CONDITIONAL USE PERMIT-PROPOSED
STORAGE DEVELOPMENT-FINAL
800 EAST 100 SOUTH-CJ’S
STORAGE-RICK KROMPEL, OWNER
Rick
Krompel presented an application, final, regarding a
proposed development for a storage and service building to be placed on the
recently vacated Bonnie J. Subdivision at 800 East 100 South. The proposed service building is available
within the CD zoning district and permitable under Section 12.3 of the Price
City Land Use Management & Development Code, and referencing Sections
11.3.4.30 (lumber yard use); 11.3.5.21 (general construction company); and,
11.3.2.1.1 (hotel) of the Code. A review
of the proposed use also indicates the development will be subject to the
storage facilities requirements indicated in Section 11.3.9.1 of the Code. A
review of the general criteria for the zone (CD) and land use (General
Construction Company & Storage & Hotel) indicate that the proposed land
use is “…in an appropriate location for high intensity public, quasi public,
commercial,…..uses which may center in harmonious relationships based on
planned development for mutual benefit.”
Additionally, the specific criteria for a CUP reference the Chapter 11
uses that are permitted and conditional for approval. It is the recommendation of staff to provide
the project with final approval based on the following project and development considerations:
·
All development
setbacks must conform to the minimum listed in Section 11.3.9.11 (storage
facility) of the Code finding that the minimum setbacks will mitigate
encroachment on neighboring residential uses;
·
Minimum 5%
landscaping requirement must be met and additional landscaping for sight and
sound barrier be placed between development and residential uses to the west
finding that the additional sight and sound barrier will mitigate potential
negative visual and sound impacts on neighboring residential uses;
·
Completion of
aesthetic improvements and mitigations to residential impact on access lane
from 700 East finding that improvement (surfacing) of the lane and installation
of perpetually maintained landscaping will mitigate impacts on adjoining land
uses;
·
Street access to
be improved to include paved access across the public right-of-way with curb
and gutter to be installed;
·
Sight obscuring
material (slats) be placed in the 6’ chain fence to the west, additional
fencing and sight obscuring material to be placed on south property boundary
for a minimum of 150’ finding that fencing and sight obscuring interventions
will clearly identify property boundaries and mitigate impacts of neighboring
land uses;
·
Yard and security
lighting to be installed, angled away from residential uses to the west of the
development finding that lighting will mitigate vandalism and service calls to
the police department and that ensuring lighting is angled away from
residential uses to the west will mitigate light pollution and nighttime impact
on the residential neighbors;
·
Concurrence of
the Price City Engineer relative to the storm water drainage plan, including
any mitigation requirements regarding Meads Wash and the floodplain finding
that appropriate control of storm water will improve the life expectancy of the
development and mitigate potential flooding of neighboring uses;
·
Submission of
building design plans to the Price City Building Department for plan review and
procurement of a Price City Building Permit for construction/erection of the
building.
·
Hard surfacing of
all outdoor parking and storage areas approved, hard surfacing of
driveway/approach to service building finding that surfacing of the parking and
approach and lane will improve the aesthetic appearance of the development and
mitigate impacts within the neighborhood including track-out onto 700 East
Street (required in code, section 6.7.1.1);
·
Provision of a
minimum twelve (12) foot emergency access easement extending from 700 east and
running to approximately 900 East traversing the north end of the proposed
overall development site or the south of the adjoining development to the north
finding that emergency vehicle access to the existing and future private
development is a primary community health, safety and welfare matter;
·
Maintenance of
the garbage dumpster within a screened area with minimum weekly emptying of
debris finding that reductions in garbage and debris potentially blowing and
scattering through the neighborhood will be mitigated;
·
Identification of
the east boundary of the building development at the project boundary and that
any additional development at the site will require additional review finding
that review and possible additional development conditions will further enhance
the quality of the development and mitigate potential negative impacts on the
neighboring uses;
·
Comments from the
Price City Fire Chief regarding fire suppression and access to the site finding
that fire safety is a paramount health, safety, welfare matter for the
community.
·
No building
permit to be issued until revised site plans indicating all conditions and
requirements are submitted to
MOTION. Commissioner Nielson moved to approve the Conditional
Use Permit Final for Rick Krompel and CJ’s Storage
Development with recommendations as written. Motion seconded by Commissioner
Shook and carried. ACCEPTANCE: The Commission confirmed the acceptance of the
conditions by Rick Krompel.
VI CONDITIONAL USE PERMIT-MARX BODY AND
PAINT-SITE PLAN AMENDMENT REVIEW
AND REVISIONS-FINAL-270 W. 100
N.-MICHAEL MARX, OWNER
Nick
Tatton presented this matter on behalf of Michael Marx at Mr. Marx’s request. Subsequent
to the prior meeting of the Planning Commission (October 9, 2007) and the
matter regarding Marx Brothers Automotive, Nick Tatton met with Mr. Michael
Marx to review the situation and to propose a solution. There were essentially
three items that the Planning Commission addressed: (1) incomplete surfacing of the parking lot as
required by the existing Conditional Use Permit; (2) location of the garbage
dumpster; and, (3) the number of cars permitted to have at the location for
sale at any given time. The garbage dumpster is located in a position as needed
by City Sanitation (not
VII
Mr.
Stephen Manzanares did not attend the meeting. He
excused himself with a phone call earlier in the day to the City Recorder’s office
that he would be hunting at the time of the meeting and could not attend.
The
Price City
·
Property review
indicates that more than 168 sq. ft. of space is used for storage of on-hand
materials;
·
Storage of
materials is taking place at locations other than the back edge of the property
along the fence line;
·
Storage of
materials are not covered;
·
Required sight obscuring
fencing had not been installed;
·
Business vehicles
are parked on the street regularly;
·
Vehicles are
parked on the sidewalks regularly;
·
Business has not
been relocated to a properly permitted location prior to September 1, 2007.
·
Uses other than
the office use only of
Finding
that substantial non-compliance with the conditions agreed to for issuance of a
CUP on November 6, 2006 the Commission recommended that the Price City Council
revoke Mr. Manzanares CUP consistent with Section
7.1.4 of the Price City Land Use Management and Development Code and further
revoke his business license. The Price City Council accepted and approved the
Planning Commission recommendation and authorized the revocation of the CUP and
business license during their regular meeting held on October 10, 2007. The revocation was effective at 5:00 o’clock
PM on Tuesday, October 16, 2007. Upon
verification of completion of all CUP conditions by Price City prior to that
time and the commitment for attendance at the October 22, 2007 meeting of the
Price City
VIII CONDITIONAL USE PERMIT CONTRACT FOR
CONDITIONS- REVIEW AND FINAL
MOTION. Commissioner Nielson
recommended approval of the Conditional Use Permit Contract for Conditions by
the City Council. Motion seconded by Commissioner Shook and carried.
IX UNFINISHED BUSINESS
1.
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
c. Completion of off street parking
requirements by 7-1-09
2. Tom Richardson – Single
Wide Trailer – 11-20-07
3. Imagination Station- Traci Udink -1-1-08 Review
Commissioner Shook moved to
adjourn the meeting at 6:45 p.m.
APPROVED______________________________
Gary Lyon, Chairman Pro-tempore
ATTEST_________________________________
Laurie Tryon, City Recorder