PRICE CITY PLANNING AND ZONING MEETING

MINUTES OF DECEMBER 10, 2007

 

PRESENT:           Commissioners:                                  

                                Larry Bruno                                          Laurie Tryon, City Recorder

Jeff Nielson                                           Nick Tatton, Community Director

                                Robert Richens

Edwin Shook

Frankie Sacco

Alfred Richens

 

EXCUSED: Commissioner Lyon

OTHERS PRESENT: Laurel Marinos, Brent Hadfield, Chris Micoz, Kathy Hanna-Smith, Rick Davis, Richard Tatton, Paul Washburn, Amanda Alderson, John Dester, Ed Shea, Joe Piccolo, Frank and Doris Miller, Levon Grundvig, Sidney Nelson, Travis Hansen and Rick Krompel

 

I              PLEDGE OF ALLEGIANCE

                Chairman Bruno led the Pledge of Allegiance

 

II             ROLL CALL

     

III           MINUTES OF NOVEMBER 26, 2007

A favorable motion to approve the minutes of November 26, 2007 as amended was made by Commissioner Shook. Commissioner R. Richens seconded the motion. Motion carried.

 

                Item VIII. Line four (4) to include a reference to the state requirements for handyman services as opposed to City

               requirements relative to Kent’s Handyman, Kent Collins HOB

 

IV           PUBLIC HEARING- TO RECEIVE INPUT ON A REQUEST TO RE-ZONE THE                            

                PROPERTY CONTAINING AND SURROUNDING THE PRICE CITY PUBLIC WORKS               

              COMPLEX AS PUBLIC FACILITIES (PF), CURRENTLY ZONED MULTIPLE

              RESIDENTIAL 7 (MR-7)

                MOTION. Commissioner A. Richens moved to open the public hearing at 6 p.m. to receive input on the request to                               re-zone the property containing and surrounding the Price City Public Works Complex. Motion seconded by  

                Commissioner Nielson and carried. Sidney Nelson an adjacent property owner and resident neighboring to the Public Works complex came to the hearing to receive more information on the re-zone to the area. Gary Sonntag, Public Works Director assured Mr. Nelson that the re-zone would not affect the surrounding residential neighbor’s property. The re-zone is for the public works facilities and would only affect that property and the property of Carbon County School District. Mr. Sonntag stated that the PF zone would give greater flexibility in what the complex is able to do and would give latitude to the school property. Mr. Sonntag stated that Mr. Nelson’s zone in which he lives would remain the same (MR-7). MOTION. Commissioner Shook moved to close the public hearing at 6 p.m noting that no other comments were offered by those in attendance. Motion seconded by Commissioner A. Richens and carried.

 

V             RE-ZONE REQUEST POTENTIAL APPROVAL- RECOMMENDED AUTHORIZATION                                                                   TO APPROVE THE REQUEST TO RE-ZONE THE PROPERTY CONTAINING AND                       

                SURROUNDING THE PRICE CITY PUBLIC WORKS COMPLEX AS PUBLIC                               

               FACILITIES (PF), CURRENTLY ZONED MULTIPLE RESIDENTIAL 7 (MR-7)                              

                AMENDING A PORTION OF THE LAND USE DEVELOPMENT AND MANAGEMENT              

                CODE WITH ORDINANCE 2007-02 BY THE CITY COUNCIL

                A request from the Price City Engineer has been received regarding rezoning of the area surrounding the Price City Public Works Complex (PWC) from the MR-7 zoning district to the PF zoning district.  Essentially two (2) properties are affected by this request:  (1) Price City Public Works; and, (2) Carbon County School District.  Both entities will obtain higher flexibility in the operation and maintenance of their properties resulting from the       rezone. The rezone request has met with the procedural requirements listed in Section 2.15 and 2.16 of the Price City Land Use Management and Development Code, in fact exceeding the public hearing requirements as public hearings will be held at both Planning and Zoning and the City Council.  It is the recommendation of staff for the Planning Commission to recommend approval of the rezone. MOTION. Commissioner Shook moved to recommend approval of rezoning of the property located and surrounding the Price City Public Works Complex from the Multiple Residential-7 (MR-7) zoning district to that of Public Facilities (PF).Motion seconded by Commissioner Nielson and carried.

 

VI           HOME OCCUPIED BUSINESS- OFFICE USE ONLY-FINAL

                248 N. 300 E. - MILLER CONSTRUCTION- JIM MILLER, OWNER

                Mr. Miller was not present at meeting.  MOTION. Commissioner A. Richens moved to table item VI. Motion                             seconded by Commissioner Shook and carried.          

 

VII          CONDITIONAL USE PERMIT- AMENDMENT-FINAL

                396 SOUTH CARBON AVENUE- A.L. ENTERPRISES, INC. - DORIS MILLER, OWNER

                A.L. Enterprises, Inc., owner Doris L. Miller, requested an amendment to the conditional use permit (CUP) for their

               business regarding it’s move from 190 South 200 West to 396 South Carbon Avenue (old Mad Man Basso

               building). Mrs. Miller stated that there will not be any changes made to the business in regard to the product and

               that no manufacturing of the product will be done at the location. The conditions stated below were read aloud to     

               the Millers by Chairman Bruno. The sign for the building will be placed on the building and on the window with the

               size dimensions turned in to the City for administrative approval. Window blinds will be placed in the windows to

               keep the product from view. There are no parking issues or concerns at this location.  Commissioner Shook asked

               how many employees would be at the building. Mrs. Miller stated that there are six (6) full time employees at this

               time. Commissioner Nielson questioned sexually oriented business concerns and cited section 9.78.060 of the SOB

               ordinance. Nick Tatton stated that the business is not considered an SOB under the definitions in the SOB ordinance

               as the business does only mail order, internet sales and no retail sales from the building will be done.              

                Items of                 consideration relative to this amendment request include:

·         The business is not subject to the specific criteria and conditions contained within the Price City Sexually Oriented Business (SOB) Ordinance inasmuch as no retail activity is taking place at the physical location. This evaluation and interpretation of activities has been confirmed with the Price City attorney, Mr. Nick Sampinos.  A copy of the SOB was reviewed by the Planning Commission.

·         The business is not considered manufacturing and thus is available in the Commercial Development (CD) zoning district.  The business will be conducing minor assembly with incoming and outgoing freight service.  The business is available in the CD zoning district, under Section 12.3 of the Code providing that the business maintains its standing and operation in a manner “appropriate…for high intensity public, quasi-public, commercial, office and multiple family uses which may center in harminous relationships based on planned development for mutual benefit”.

·         The business is further available, by Conditional Use Permit (CUP) under the reference to Section 11.3.5.4 of the Code as a business conducting “Apparel repair, alteration and cleaning, pickup services, shoe repair services.” Additionally the business activity is permitted under the reference to Section 11.3.4.31 of the Code as a business operating as a “Mail Order House”.

·         Staff recommended conditions to consider for final approval of the A. L. Enterprises, Inc. CUP amendment include:

o        Site visit(s) conducted by staff to ensure compliance with conditions set forth.  Finding that periodic site visits to ensure compliance with permit conditions will promote long-term compliance with conditions and improve the overall economic condition within the community through operation of the business while preserving the health, safety and welfare of the community.

o        No manufacturing activities to take place at the location.  Finding that manufacturing is not an available land use within the Commercial Development (CD) zoning district and only land uses that are available by Conditional Use Permit or Permitted under Section 12.3 and referenced to Section 11.3.5.4 of the code, (Apparel repair, alteration and cleaning, pickup services, shoe repair services) and Section 11.3.4.31 (Mail Order House) are appropriate for approval. 

o        Signage to indicate corporate name and contact information only with no product displays and all proposed signage to be submitted for review and approval prior to installation and consistent with the provisions of Chapter 4 of the Price City Land Use Management and Development Code.  Finding that required review and approval of all signage maintains the consistent signage in the community and promotes an aesthetic and economically friendly community.

o        Maintain window blinds on all windows in a working condition and all blinds to be closed in order to obscure sight of operations or product from public view.  Finding that sight obscuring window treatments will inhibit inappropriate or unauthorized possible viewing of product or operation and is in the best interest of the health, safety and welfare of the community.

o        No retail sales from the location.  Finding that retail sales at the location may require the business to become subject to the provisions of the SOB ordianance and would have a detrimental impact on the economic capability of the business in the community and may have negative impacts on neighboring land uses.

o        No activity at the location that may be interpreted to require the business become subject to the provisions of the SOB ordinance.  Finding that a detrimental impact on the economic capability of the business in the community may result and negative impacts on neighboring land uses may occur.

o        All employee parking and freight services (in or out) to be maintained within the property boundaries and not within the public right-of-way.  Finding that maintaining all parking and freight services within the property boundaries mitigates potential negative traffic and pedestrian  impacts on Carbon Avenue and 400 South Street.

                MOTION. Commissioner A. Richens moved to approve the A.L. Enterprises CUP amendment with the conditions

               presented. Motion seconded by Commissioner Nielson and carried. ACCEPTANCE: The Commission confirmed

               the acceptance of the approval conditions by Doris Miller.

 

VIII        CONDITIONAL USE PERMIT- BUILDING PROJECT- CONCEPT ONLY

                NIELSON LANE/AIRPORT ROAD- AMANDA ALDERSON, OWNER

                Amanda Alderson requested a Conditional Use Permit (CUP) for the development of a building to hold Amanda’s    All Star Cheerleading business. The building is proposed to be built on Nielson Lane in east Price.  The proposed       development is in the Commercial Development (CD) zoning district and is available under Section 12.3 of the                 Price City Land Use Management and Development Code meeting the general zoning criteria of an “….area    appropriate….for high intensity public, quasi-public, commercial, office and multiple family uses which may center       in harminous relationships based on planned development for mutual benefit.”  Specific criteria for consideration are              referenced in Chapter 11 of the Code and land uses reference to Section 11.3.6.5 of the Code – Sports Activity Facilities as a permitted use; Section 11.3.10.3.1 of the Code – Special Training and Schooling as a conditional use;                 and Section 11.3.10.6.1 of the Code – Gymnasiums and Athletic Clubs as a conditional use.  Specific criteria to test                 the development against includes the following: “to provide an area in [an] appropriate location[s] where a       combination of business, retail commerce, entertainment, and related activities may be established, maintained and        protected.  Regulations of this district are designed to provide a suitable environment for those commercial and   service uses which are vital to economic life, but some of which would be intrusive and disruptive in a shopping            center type of commercial development.” To accommodate the development request, it is the recommendation of               staff to review the proposed project and consider concept approval only, the applicant can combine the preliminary    and final steps at future submissions should the project need to proceed quickly.  Handout copies of the example                environmental statements; development agreement and utility provider contact checklist were made available to

                Mrs. Alderson. Staff recommends the following items be completed  prior to submission for preliminary or final

                approval of the project by the Planning Commission:

·         Finalized site plan indicating setbacks; public infrastructure development; driveway dimensions; parking; minimum 5% landscaping; dumpster enclosure; etc.

·         Contact Jeff Richens at Price River Water Improvement District (PRWID) at 637-6350 and complete a waste water survey and comply with any requirements indicated.

·         Submission of site plan and building plan to Price City Public Works Department for necessary reviews.

·         Completion and submission of the following documents:

·         Environmental Statements

·         Statement of utility connectivity from all providers

·         Completion of Price City Development Agreement, as required, with appropriate surety guarantee to Price City Public Works.

·         Indication of a 6’ sight obscuring fence along the east side of the development separating the commercial development from the residential use.

·         Completion and submission of a storm water management plan to be reviewed and concurred with by the Price City Engineer;

·         Completion and submission of a qualified geotechnical report (soil study) to the Price City Engineer;

·         Completion of any signage plan and submission to Price City for administrative approval under the provisions of Chapter 4 of the Code;

·         Indication of a minimum of 45 parking spaces (1 per 200 sq. ft of building space – 9,000 sq. ft. bldg.) or alternate parking capacity to be specifically approved by the planning commission by CUP (6.4.14 of Code);

                Mrs. Alderson stated that the frontage of the property is 90’ and that the information that she received from the                    County office shows approx. 60 feet. She will need to do a survey to get the correct footage. The Commission wants Mrs. Alderson to make sure she has all of the correct measurements for setbacks and connecting properties to make sure the building will fit in that space.  Commissioner Nielson questioned the parking space for the property as there is a minimum of 45 parking spaces that will need to be approved for the building. There should be 1 per 200 sq. ft of building space. Staff recommended that Mrs. Alderson check the area for more parking. She may speak to the surrounding property owners and business owners to see if she can use some of their parking to fill the requirement. This business will be a pick up drop off situation, with parents dropping off students for a session. By conditional use permit, the Commissioners could accept a lower parking space plan for this particular business but needs to reserve up to the 45 space minimum in case of a change of use to the property in the future. Staff recommends concept only approval. For preliminary approval, the Fire Chief will need to make sure that the building project meets fire safety requirements. A fence will need to be installed for safety reasons and boundary identification concerning adjoining property owners. A dumpster enclosure will be one of the requirements because of the residential uses in the area and notification is required to all adjoining neighbors. Commissioner Nielson would like more discussion with the commission regarding dumpster enclosure requirements before a decision is made on this project. The business hours would be from Monday through Friday from approximately 3 p.m. until 8 p.m. with one instructor and one assistant. The program usually runs 26 students at one time. MOTION. Commissioner Nielson moved to approve the Conditional Use Permit concept only for Amanda Alderson excluding the dumpster enclosure requirement on the lot until further discussion. Motion seconded by Commissioner A. Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the approval conditions by Amanda Alderson.

 

IX           CONDITIONAL USE PERMIT- SUBDIVISION PROJECT- CONCEPT AND                     

                PRELIMINARY 1600 EAST 600 NORTH- PINION DRIVE SUBDIVISION-VICTOR                       

                HANSEN, OWNER

                Travis Hansen represented Victor Hansen requesting concept and preliminary approval of a seven (7) lot subdivision               to be located in northeast Price surrounding the undeveloped prescriptive use Pinion Drive Road with the               approximate address of 1600 East 600 North. Prior to this submission the developer and Price City staff conducted a     pre-application meeting to consider and identify development requirements and plans.  Copies of the development          meeting notes, dated 9-21-07, were given to each Commissioner. Staff recommends concept approval with the              following requirements prior to submission for preliminary and/or final approval by the Planning Commission:

·         The subdivision request is available under Section 7.7 of the Price City Land Use Management and Development Code;

·         The proposed subdivision is located within the Single Family – 6 (SF-6) zoning district, all proposed lots meet the minimum size, depth, frontage requirements with the exception of lot 6, the proposed flag lot.  Issues to be discussed relative to the flag lot:

·         Price City Public Works comments;

·         Storm water drainage;

·         Perpetual access on the access lane (easement);

·         Improvements on the access lane such as curb, gutter, sidewalk, fencing, etc.;

·         Access lane build to minimum Price City construction standards.

·         The buildable area and potential plans for lot 4 require additional review relative to the power line and easement crossing the property.  Plans for the power line should be determined.

·         Recommended conditions for completion prior to submission of the subdivision project for final approval include:

·         Completion of environmental review statements consistent with Section 3.3.2.6 of the Code.

·         Statement of utility connectivity by all utility providers.

·         Completion and submission of a qualified geotechnical study (soil report) to Price City Public Works for review consistent with Section 3.4.2.1 of the Code.

·         Completion of a qualified storm water drainage plan taking into consideration the 100 year storm event and concurrence of the storm water management plan by the Price City Engineering Department.

·         Completion of a development agreement for the public improvements required and submission of the appropriate surety guarantee as determined by Price City Public Works.  A boilerplate Development

·         Completion of all requirements set forth by the Price City Public Works and Engineering Departments relative to infrastructure, design, etc.

·         Completion of final maps and plats including final plat in mylar or other acceptable format with appropriate signature blocks.

                The Commissioners had concerns regarding the 20’ stem road that would be located between lots five (5) and seven                (7) for the access to lot 6. There would be no parking at stem portion and the road would be a private road.  Mr.              Hansen stated that there is a 15’ easement alternative access road on the Sagewood road to lot six (6) that is                 available. There are three (3) property owners from that point to Sagewood. The easement extends down to    Sagewood. There is a power line that goes across lot four (4). Commissioner Nielson questioned the 30’ from           centerline with the overhead power line. Mr. Hansen still needs to work with Rocky Mountain Power on that in                regard to requirements. Lot four (4) will depend on the size of the home request for the specific lot. The City        Engineer has concerns about the northwest drainage and the emergency access to the properties. The 14’ driveways                 are also an issue. This project needs input from the City Engineer, the power company and the City Fire Chief to              answer some of the questions from the Commissioners. Mr. Hansen agreed to provide some examples of a stem           street in other cities and how it would work with access and parking to provide the Commissioners with some more       information. Staff recommends concept only approval and likes how the property is being used for development and would like to be able to work with the challenges that may come as the project proceeds. Curb, sidewalk and gutter may be an issue as recommendations regarding the stem street and drainage become available. MOTION.          Commissioner A. Richens moved to approve the Conditional Use Permit Concept only for Victor Hansen. Motion   seconded by Commissioner R. Richens and carried. ACCEPTANCE: The Commission confirmed                                                  the acceptance of the approval conditions by Victor Hansen.

 

X             CONDITIONAL USE PERMIT- AMENDMENT-PHASE I, PLAT A- FINAL

                400 NORTH 1600 EAST- AMERICAN DREAM SUBDIVISION- WASHBURN & ASSOC.

                Paul Washburn requested an amendment to the American Dream Subdivision, Phase 1, Plat A as                                                            previously approved in final form.  The subdivision was not recorded with the County Recorder, but was provided                                          with final approval of Price City necessitating the amendment. The requested amendment is for the removal of three

              (3) lots from the original approval.  The removal of the lots will facilitate their inclusion in a different subdivision

                plat ~ to be named American Dream Subdivision, Phase 1, Plat B. The subdivision amendment request is available

               under Section 7.7 of the Price City Land Use Management and Development Code.  It is the recommendation of                                  staff to approve the subdivision amendment request, final as presented with the following requirements:

·         Completion of any and all requirements necessitated by the Price City Public Works and Engineering Department(s) finding that completion of requirements suggested by Price City Public Works and Engineering will promote quality long-term development within the community.

·         Completion and submission of necessary amended subdivision plat for signatures in mylar or other acceptable format finding that completion of appropriate subdivision maps create a clear understanding of development approval format.

                John Dester and Paul Washburn described the projects for items X, XI, XII, XIII and XIV on the Planning and           Zoning Agenda. These are entry level homes for different household incomes. Different options will be available in                regards to the type of homes available for purchase. The homes will range in price depending on a garage or carport        option. The homes will be connected by a garage with private back yards that can open into a central park with a             playground and pavilions. The projects will be done in phases with the approximate starting date of Spring 2008 or    Fall 2008. Chairman Bruno has concerns regarding Sagewood Road and the traffic that may occur due to roadwork         and the building of homes. Mr. Washburn stated that the work will be done as quick as possible and that traffic will              be kept to a minimum during peak hours. There will be quite a bit of development and congestion in the area during     2008 and the Commissioners are concerned with the impact to the streets and surrounding homeowners. The bridge

                at 300 North street will be the first thing completed as soon as weather allows. This point of access will be the main   traffic flow for vehicles going to and from the construction site. The bridge will be a box culvert. Some heavy  

               equipment can be taken to the site via airport road. Some grading has begun and the canal needs to be deepened and

               widened. All roads in the development need to be 68’ to 80’ which will accommodate the traffic flow. Mr.

               Washburn assured the Commission that they will work quickly on the project.

                MOTION. Commissioner Nielson moved to approve the Conditional Use Permit Amendment for American Dream                 Subdivision. Motion seconded by Commissioner Sacco and carried. ACCEPTANCE: The Commission confirmed     the acceptance of the approval conditions by Paul Washburn.

 

XI           CONDITIONAL USE PERMIT- FOUR LOT SUBDIVISION PHASE I, PLAT B – FINAL

                400 NORTH 1600 EAST- AMERICAN DREAM SUBDIVISION- WASHBURN & ASSOC.

               

Paul Washburn requested final approval of a four (4) lot subdivision at American Dream.  The proposed subdivision is referred to as American Dream Subdivision, Phase 1, Plat B.  The subdivision request is available under Section 7.7 of the Price City Land Use Management and Development Code.  This subdivision will facilitate a cost effective starting point for development of the overall site as previously approved in concept as well as the beginning phases of Parklane Town Homes and Twin Homes.  It is the recommendation of staff to approve the subdivision request, final as presented. Staff recommends approval with the following requirements:

·         Completion of any and all requirements necessitated by the Price City Public Works and Engineering Department(s) including a development agreement and surety guarantee finding that completion of requirements suggested by Price City Public Works and Engineering will promote quality long-term development within the community.

·         Completion and submission of necessary subdivision plat for signatures in mylar or other acceptable format finding that completion of appropriate subdivision maps create a clear understanding of development approval format.

                MOTION. Commissioner Shook moved to approve the Conditional Use Permit for American Dream Four-lot Subdivision Phase I, Plat B. Motion seconded by Commissioner R. Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the approval conditions by Paul Washburn.

 

 

XII         CONDITIONAL USE PERMIT- PLANNED UNIT DEVELOPMENT (PUD)- FINAL

                400 NORTH 1600 EAST- PARKLANE AT AMERICAN DREAM- WASHBURN &ASSOC.

                John Dester requested a final for a Planned Unit Development (PUD) development.  The PUD is essentially a              one (1) lot subdivision.  This application is for the subdivision of the entire PUD boundary.  The overall area will be      known as Parklane at American Dream and consist of twin homes and town homes.  The PUD development is available under Section 7.7 of the Price City Land Use Management and Development Code.  By developing            Parklane at American Dream as a PUD the need for a zone change and zone change hearing is not necessary.  The            multi-family nature of the development would have required a zone change from the single family zoning in place             had the development not been proposed as a PUD. Staff recommends approval with the following requirements:

·         Completion of all requirements indicated/recommended by Price City Pubic Works and Engineering Department(s) finding that completion of recommended matters proposed by Price City Pubic Works and Engineering Department(s) provides for orderly development consistent with the Price City General Plan.

·         Completion and submission of a final PUD subdivision plat in mylar or other acceptable final format for signatures and recording finding that permanent subdivision maps and records provide for long-term understanding of development requirements.

·         Provision of proposed homeowners association documents to Price City prior to implementation finding that a public copy of homeowners association documents indicating property restrictions may avoid future misunderstandings property owners may have.

                MOTION. Commissioner A. Richens moved to approve the Conditional Use Permit for Parklane at American   

              Dream Planned Unit Development. Motion seconded by Commissioner Sacco and carried. ACCEPTANCE: The

              Commission confirmed the acceptance of the approval conditions by John Dester.

 

  XIII      CONDITIONAL USE PERMIT- PARKLANE TOWNHOMES- FINAL

                400 NORTH 1600 EAST- PARKLANE AT DREAM SUBDIVISION- WASHBURN &

                 ASSOC.

                John Dester requested final approval of Parklane TOWNHOMES at American Dream Subdivision, Plat A,                                            within the boundaries if the Parklane at American Dream Planned Unit Development (PUD).  The townhomes, Plat                                     A, are to consist of eighteen (18) residential units.  The subdivision is available under Section 7.7 of the Price City                                      Land Use Management and Development Code. Staff recommends approval with the following requirements:

 

·         Completion of all requirements indicted/recommended by Price City Pubic Works and Engineering Department(s) finding that completion of recommended matters proposed by Price City Pubic Works and Engineering Department(s) provides for orderly development consistent with the Price City General Plan.

·         Development Agreement Completed and submission of surety guarantee.

·         Completion and submission of a final subdivision plat for Parklane Townhomes at American Dream in mylar or other acceptable final format for signatures and recording finding that permanent subdivision maps and records provide for long-term understanding of development requirements.

 

                MOTION. Commissioner Shook moved to approve the Conditional Use Permit for American Dream Subdivision.                                Motion seconded by Commissioner R. Richens and carried. ACCEPTANCE: The Commission confirmed the                                             acceptance of the approval conditions by John Dester.

 

  XIV      CONDITIONAL USE PERMIT- PARKLANE TWINHOMES- FINAL

                400 NORTH 1600 EAST- AMERICAN DREAM PLANNED UNIT DEVELOPMENT-                      

                    WASHBURN & ASSOC.

                Please find attached an application for final approval of Parklane TWINHOMES at American Dream Subdivision, Plat A, within the boundaries if the Parklane at American Dream Planned Unit Development (PUD).  The twin homes, Plat A, are to consist of six (6) residential units in three (3) structures.  The subdivision is available               under Section 7.7 of the Price City Land Use Management and Development Code. Staff recommends approval with the following requirements:

·         Completion of all requirements indicted/recommended by Price City Pubic Works and Engineering Department(s) finding that completion of recommended matters proposed by Price City Pubic Works and Engineering Department(s) provides for orderly development consistent with the Price City General Plan.

                                        Development Agreement Completed and submission of surety guarantee.

·         Completion and submission of a final subdivision plat for Parklane Twinhomes at American Dream in mylar or other acceptable final format for signatures and recording finding that permanent subdivision maps and records provide for long-term understanding of development requirements.

                MOTION. Commissioner Nielson moved to approve the Conditional Use Permit for the Parklane Twin homes for American Dream Planned Unit Development. Motion seconded by Commissioner Sacco and carried. ACCEPTANCE: The Commission confirmed the acceptance of the approval conditions by John Dester.

 

   XV             CONDITIONAL USE PERMIT- AMENDMENT- FINAL

                REQUEST BY COMMISSIONER NIELSON- CJ’S STORAGE- RICK KROMPEL, OWNER

                Commissioner Nielson gave a brief description of an update on the conditional use permit (CUP) amendment request for Rick Krompel’s storage building located south of CJ’s Do It Center. He has spoken to the City Engineer to address drainage concerns affiliated with the property. He also spoke with Rick Krompel regarding the additional landscaping along the access lane and 6’ sight obscuring fencing that was requested by the Planning and Zoning Commission as a condition of approval. Commissioner Nielson stated that there was communication problems regarding this project and that the item should come back to the Commission for additional review. Rick Krompel presented this request. He does not like the general looks or the long term condition of fencing slats and shared with the Commission his concerns regarding security for his property with a sight obscuring fence. He felt that because there were no doors on the west side of the building facing the residential homes, the slats in the fence and the extra landscaping were over and above what he should be required to do. Mr. Krompel listed several examples of commercial projects that he felt were not subject to the same requirements that he was by the Planning and Zoning Commission. Commissioner Nielson stated that the local code requires a sight obscuring fence where there is a residential property next to a commercial lot. He also stated that Planning and Zoning can require a sight obscuring fence when necessary but cannot require what type of fencing material should be used. Commissioner Nielson would like to make sure there is a purpose to the fence requirement and that surrounding neighbors are protected as well. Commissioner Nielson read aloud from Chapter 17, page 17-5 from the Land Use Development and Management Code, titled “Fences May Be Required- When approved by the City Council, the Planning Commission may require the erection of fences as a prerequisite to approval of any project or to the granting of any building permit where, in the opinion of said Commission, this is necessary to protect life and property, or to prevent conflict of uses. Such fences shall be of a type and size necessary, in the opinion of the Planning Commission, to accomplish the above stated purpose.” The review items for Commission are the sight obscuring fencing requirement and the landscaping requirements along the access road for the Krompel project. Commissioner Nielson said he did think a fence needed to be required there as it would fall under Chapter 17. Commissioner Bruno stated that each project is treated individually and that Chapter 7 of the Land Use Development Code defines the reason a conditional use permit is required. Commissioner Bruno quoted from Chapter 7; page 7-6 Titled “Conditions Relating to Compliance with Intent of General Plan and Characteristics of Vicinity- The screening of yards or other areas as protection from obnoxious land uses and activities”. The landscaping would be used as a sight and noise buffer as well as the sight obscuring fence would provide some noise control and allow the surrounding neighbors a mitigation of the view of a commercial building.  The neighbors attending the meeting were Laurel Marinos and Chris Micoz. They are concerned about the landscaping and the years it may take to grow and provide the buffer. Commissioner Shook recommended more lighting if Mr. Krompel was worried about security. Commissioner Shook indicated the extra lighting may deter crime and he doesn’t feel that the slats would provide any less security. Laurel Marinos stated that if Mr. Krompel did not want to add the slats to the fence, she would be fine with larger hedges but didn’t know if Chris Micoz felt the same way. Mrs. Micoz felt that the building is too high and blocks everything now and would like large trees instead of shrubs. She said that she doesn’t feel that the slats will provide the necessary security that Mr. Krompel is concerned about and hoped that he did not want then neighbors to watch his property. Mr. Krompel does not expect the neighbors to watch the property and is just concerned that cars coming along 700 East will be able to see through the slats and think they can approach the property by Mr. Krompel. Mrs. Micoz would like the barrier to be consistent along the entire property line but still would like the sight obscuring fence. Commissioner Sacco believes the neighbors were under the impression that the right thing was going to be done with the project. She feels that in the future, Planning and Zoning needs to ask more questions on what affects surrounding neighbors. She knows the communication has been a problem since the beginning but all three property owners need to get along and work out their differences. Mr. Krompel stated that the Planning and Zoning Commission should guide developers into their projects in relation to the City standards and codes but some of the things that they go into cross into civil issues that the City shouldn’t be involved in. He will do what he is requested but wants it to be consistent with other approved commercial projects. He stated that there will be no pavement on the west side and the drainage on the property will be natural drainage that all three property owners currently utilize. Mr. Krompel was asked how many more buildings will be placed on the property he stated he does not know at this time exactly what will take place, but there could be four total. All of the buildings would use the same access into the property which is located north of the Micoz home. Mrs. Micoz is concerned about future projects and the noise that will come with each of those. Commissioner Shook would like to keep the original stipulations set in place and require the sight obscuring fence and the additional landscaping along the access lane. If the three owners can get together and work their difference out and bring it back to the Commission, a decision may be made accordingly with an amendment if necessary. The recommendations were set at the October 22, 2007 meeting and Mr. Krompel stated he understood the conditions. MOTION. Commissioner Shook moved to maintain the Conditional Use Permit with the recommendations set on October 22, 2007 in place until further notice and deny Mr. Krompel’s amendment request. Motion seconded by Commissioner A. Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the approval conditions by Rick Krompel.

 

XVI        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

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

               

                2. Tom Richardson – Single Wide Trailer – 01-21-08       

 

Commissioner A. Richens moved to adjourn the meeting at 8:00 p.m.

 

APPROVED______________________________ Larry Bruno, Chairman

 

 

ATTEST_________________________________ Laurie Tryon, City Recorder