MINUTES OF FEBRUARY 11, 2008
Larry Bruno Laurie Tryon, City Recorder
EXCUSED: Commissioner Sacco and Commissioner Lyon
OTHERS PRESENT: Ray Morley, Lisa Clark, Lance Ballard, Jeff Nielson, Paul Hoffman, Jake
Hoffman, Gus Adams and Tom Adams, James Liin, Ben Logue,
I PLEDGE OF ALLEGIANCE
Chairman Bruno led the Pledge of Allegiance
II ROLL CALL
III MINUTES OF JANUARY 28, 2008
Commissioner A. Richens moved to approve the minutes of January 28, 2008 as presented. Motion
seconded by Commissioner Shook and carried.
IV PUBLIC HEARING- TO CONSIDER A MINOR 2 LOT SUBDIVISION REQUEST FOR THE
PROPERTY LOCATED AT 1365 SO. CARBON AVENUE-STEVE LUDLOW-CV LLC.
MOTION. Commissioner Shook moved to open the public hearing at 6:01 p.m. Motion seconded by
Commissioner R. Richens and carried. No public comment was received. MOTION. Commissioner
Hanna-Smith moved to close the public hearing at 6:02 p.m. Motion seconded by Commissioner A.
Richens and carried.
V CONDITIONAL USE PERMIT- MINOR 2
Rick Carlton requested a Conditional Use Permit (CUP) for a minor subdivision to change one parcel of
land into two parcels of
land. The property is located at
where the Highway Patrol building is located and the second parcel will be where the Adult Probation and
Parole building is located. The individual parcels exceed the minimum ¾ acre lot size indicated within the
Code under Section 12.4.1 and the subdivision of the land is available under Section 188.8.131.52 of the Code.
A public hearing was necessary prior to consideration of approval of the subdivision application. Staff
recommended approval with the following conditions which were read aloud by Chairman Bruno:
· Completion of a review of the proposed subdivision plat by the Price City Engineering Department and the Carbon County Recorder’s Office and incorporation of any recommendations/corrections on the final plat finding that properly reviewed and approved subdivision records promote long term understanding of actions and high quality development within the community consistent with the goals of the Price City General Plan.
· Completion and submission of a final plat as reviewed and recommended in Mylar or other acceptable format for signatures and recording finding that properly reviewed and permanent property records mitigate the possibility of misunderstandings and promote long term high quality development in the community consistent with the goals of the Price City General Plan.
Rick Carlton stated that both items had
been in to
easements and public road warranty deed
were submitted to
moved to approve the minor 2 lot subdivision for CV LLC. Motion seconded by Commissioner R. Richens
and carried. ACCEPTANCE: The Commission confirmed the acceptance and understanding of the
approval conditions by Rick Carlton.
VI CONDITIONAL USE PERMIT- BUSINESS AND SIGN- FINAL
29 N. 600 E. – PROF. COMPUTER
Doran O’Halloran requested a Conditional Use Permit (CUP) for a new computer sales and network
installation and service store to be located at 29 North 600 East. Staff recommends the CUP be approved
and recommends that all business
signage be provided to
Mr. O’Halloran stated that the sign will be only a copy change to the existing sign on the building.
He also stated that no building permits will be acquired as no work to the building will be done. He stated
that he has adequate parking for the business as he will not have many walk in customers but mostly drop
off and pick up of computers. He stated that he will not have employees. Mr. O’Halloran will have some
jewelry retail as a supplement income and stated that it will only be about 10% of his business. The
Commission reminded Mr. O’Halloran that no on street parking is permitted. MOTION. Commissioner A.
Richens moved to approve the CUP for Professional Computer Sales and Service. Motion seconded by
Commissioner Shook and carried. ACCEPTANCE. The Commission confirmed the acceptance and
understanding of the approval conditions by Doran O’Halloran.
VII CONDITIONAL USE PERMIT- AMENDMENT-FINAL
Adams Motor is located at
necessitated additional use of the owned property as an overflow and temporary use area. This
project area has been recently fenced
with sight obscuring fencing at the request of
obscure sight of the temporary use and weed growth within the subject property. Additional space
is needed for use as an overflow area for staging and temporary placement of vehicles and
dealership equipment in preparation for placement on the sales lot. It is the recommendation of
staff to provide final approval to the CUP amendment request as presented for Adams Motor at
on Monday, February 11, 2008 to better understand the request of the amendment to the Conditional Use
Permit (CUP). Staff has met with Mr. Adams to confirm the nature of the CUP amendment, terms and
conditions. Mr. Adams is aware of the contingency with the amendment of no uses of the property
inconsistent with overflow use and staging and temporary placement of vehicles in preparation for the sales
lot. Mr. Adams has agreed to remove the vehicles as soon as the bad weather dissipates and keep the area
looking presentable and not that of a junkyard. MOTION. Commissioner Shook moved to approve the
amendment for Adams Motors. Motion seconded by Commissioner A. Richens and carried.
ACCEPTANCE. The Commission confirmed the acceptance and understanding of the approval conditions
by Gus Adams.
VIII CONDITIONAL USE PERMIT- NEW BUILDING AND SIGN- CONCEPT ONLY
450 EAST MAIN STREET-CARBON COFFEE ~ JULIE ROBERTSON
Julie Robertson and Lisa Clark requested concept approval only for a new building to be constructed at 450
location is situated within the Commercial Development (CD) zoning district. Staff recommends approval
of the project in concept and subject to completion of the following requirements and considerations prior
to submission for final approval and construction. Chairman Bruno read aloud the following requirements:
· Parking: the building is small and indicated as 240 sq. ft. A minimum of 3 off street parking spaces is required plus room for any drive-up traffic not to extend into the public right of way.
· Completion of a storm water management plan.
· Final approval of business signage via the administrative approval process.
· Concurrence of the City Engineer with the findings of the supplied geotechnical report.
· Evidence of utility connectivity.
· Completion of a PRWID waste water survey and compliance with any resulting requirements.
· Completion of an environmental review and statement relative to the subject property.
· Completion of a development agreement relative to the public infrastructure with the Price City Public Works Department.
· Placement of the dumpster in an enclosed, sight obscuring area built to accommodate ease of service-no trash blowing around, no unauthorized access.
· Completion of minimum 5% landscaping at the site.
· Placement of yard/flood lights on property to maintain security and reduce ambient light exposure to adjoining properties.
· Installation of a 6’ sight obscuring fence to the rear (north) of the property to form separation from future development.
· Inclusion of light pole placement or relocation into final plans
· Right turn only on exit from parking lot- a sign is necessary
· Posting of a development pending sign on the subject property until final approval.
· Procurement of a valid Price City Building Permit for construction activities.
Julie Robertson questioned the requirement of a retaining wall between the property purchased and the
adjoining property. She stated that in the future the property may be used by their business and wondered if
they had to put in a retaining wall. Nick Tatton stated that the retaining wall may only be required if it is
part of an approved storm water management plan. Mrs. Robertson also stated that she had recently gone
over plans with Dave Ariotti and based on the code may need to extend the building 4’ longer for bathroom
requirements etc. She will turn the new information in with the final plans. Parking spaces were also too
small so they will have to make those larger. Other than that Mrs. Robertson said nothing had changed just
shifted to be slightly larger. She told the Commission that only beverages and pre-packaged foods would
be sold and no stoves or cooking would be done on site. She said they may have soft ice cream but not sure
at this point. The hours will most likely be on Monday through Friday from 5:30 a.m. until 6:30 p.m. and
on Saturdays until 6 p.m. The plans are to begin the project near April 26, 2008 as that is the deadline for
the property purchase agreement. The actual address will be determined as part of the final approval. The
sign will be block letters with the name spelled on the building. MOTION. Commissioner Hanna-Smith
moved to approve concept only for Carbon Coffee. Motion seconded by Commissioner R. Richens and
carried. ACCEPTANCE: The Commission confirmed the acceptance and understanding of the approval
conditions by Lisa Clark and Julie Robertson.
IX CONDITIONAL USE PERMIT-AMENDMENT-PRELIMINARY AND FINAL
170 WEST 100 NORTH-EASTERN
Jeff Nielson, owner of Eastern Utah Produce, located at 170 West 100 North requested preliminary and
final approval to amend the original Conditional Use Permit (CUP) from produce distribution only to
include a small food service operation. The food service may have very limited seating on site (couple
hundred square feet) and primarily service “to go” clients, walk-up/drive up clients and provide local
catering services. The following conditions were set at the concept approval meeting held on January 28,
2008 with Jeff Nielson receiving a copy through the mail and reviewing with Commissioners at the
meeting. Mr. Nielson stated that
everything seemed to be in order except for item “g” regarding
access and he was currently
in compliance with requirements. Mr. Nielson went through the conditions with the Commission members
at the last meeting.
g. Completion and installation of all required
control, etc. and completion of a valid development agreement with the Price City Public Works
Department finding that properly
developed and installed
infrastructure promote long-term quality development within the community and maintain
consistency with the goals of the Price City General Plan.
h. Procurement of a valid Price City Building Permit for all renovations and improvements taking
place at the project site finding that properly permitted and inspected building improvements.
Mr. Nielson stated that the semi and trailer will be moved out of the area. He will bring in a copy of an
agreement he has with Gas-n-Go for the dumpster and employee parking issues before the final approval is
and does not want the Planning Commission to grant a final approval until such time. He wants to see the
plans for parking, elevations;
indoor seating, bathrooms and
stated that there must be a communication problem and that currently the plans are for take out only. He
stated that the original plans will use access on the current door so as to get the business going as soon as
go forward with the business
prior to the
business of Eastern Utah Produce will still continue in the building in very small amounts. They are
currently using the building about 5 hours a week now and the trucks will come in and out before opening
time of the delicatessen business. The businesses are so close in product that things will run together easily.
Staff recommends following engineer recommendations of having a set of final plans. Mr. Hadfield stated
that as long as the business stays take out only and doesn’t change the use of the building, a final approval
won’t be a problem as soon as the plans are turned in. Mr. Nielson stated that he understands the requirements of the change of use and will always be in compliance. MOTION. Commissioner Hanna
Smith moved to approve preliminary approval only for Eastern Utah Produce requesting final plans be
turned in the City Engineer before final approval can be granted. Motion seconded by
Commissioner R. Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance and
understanding of the approval conditions by Jeff Nielson.
600 WEST 200 SOUTH-RAY MORLEY- PRICE II LLC-M13 CONSTRUCTION- SORENSEN
Ray Morley of Price II, LLC requested concept approval for a new building to be constructed on the
northeast corner of 100 South and 600 West. Staff held a pre-application meeting with representatives from
M-13 Construction on December 14, 2007 regarding the new building. Mr. Morley stated that the Sorenson
Company would like to be in the building by June 2008. The plans have been given to Nick Tatton and Mr.
Morley stated he is currently working with the Price City Public Works Director on the projects storm water
drainage. He has worked out all of the garbage collection and parking issues. One thing Mr. Morley had not
checked into was the area lighting in the parking lot and would return that information with the final plans.
Mr. Morley stated that there are 25 extra parking spaces available beyond the code requirement. Staff
recommends approval for concept only with stated recommendations. Mr. Morley stated that he has mailed
project notification letters to the surrounding property owners and brought the list of people to Nick Tatton
for the file. Chairman Bruno read aloud a list of conditions:
· Completion and submission of final site plan document indicating all site improvements, utility connections, driveways, parking (one space per 300 square feet of space (Section 6.4.2. of Code)
· Submission of environmental statements consistent with Chapter 3 of the Code- Mr. Morley stated that had been completed and submitted
· Completion of storm water management plan and indication of the handling of storm water on the site plan
· Completion and submission of a qualified soil study to be reviewed and concurred with by the City Engineer –Mr. Morley stated that he would submit that with Nick Tatton tonight.
· Completion of a Development Agreement and submission of the appropriate financial surety to the Price City Public Works Department
· Notification of all property owners within 300’ of the subject property in a manner determined by Price II, LLC and verifiable by Price City that development is taking place and placement of a “project pending” sign on the subject property. Mr. Morley stated the requirement was complete.
· Approval to prepare foundations and footings prior to final approval of the site plan, acknowledging that the location of any pre-installed foundations and footings may require relocation, finding that preliminary construction of the foundations and footings will facilitate timely development of the project and that the foundation/footing design must be approved by the Price City Engineer.
Paul Bedont would like to review the fire sprinkler system and the hydrant situation for the building. Mr.
Morley said that he would arrange a meeting with him as soon as possible.
MOTION. Commissioner A. Richens moved to approve concept only. Motion seconded by Commissioner
Hanna-Smith and carried. ACCEPTANCE: The Commission confirmed the acceptance and understanding
of the approval conditions by Ray Morley.
XI CONDITIONAL USE PERMIT-RENOVATION AND LAND USE- CONCEPT ONLY
11 WEST MAIN ST.-NEWHOUSE HOTEL-LAPORTE CONSTRUCTION/PORTREE
A Conditional Use Permit (CUP) concept approval only (by Ben Logue-LaPorte Construction/Portree
Properties) was requested for renovation and land use at the Newhouse Hotel located on the southwest
corner of the
applied project is for the renovation of the historic structure to add mixed use commercial space on the
street level and twenty-one (21) income targeted apartments on the second and third floors. The project is
expected to be completed over a period of approximately ten (10) months, finishing in October 2008. The
district. Prior to receipt of this request two (2) meetings were held locally with the developer of the project.
· Meeting #1: This meeting was held on November 28, 2007. The meeting was actually a public hearing to receive input from the community on possible Community Development Block Grant (CDBG) capital improvement projects. The meeting was attended by many community members concerned with downtown parking limitations and the potential for loitering by hotel tenants in the downtown area.
· Meeting #2: This meeting was held by the developer at the request of the Mayor and City Council to provide information to the community regarding the project. The meeting was held on December 12, 2007. Many community members attended the meeting and again expressed primary concerns over parking and loitering.
Another public hearing is scheduled for February 13, 2008 on the matter before the City Council. The
purpose of that hearing is to again receive community input on the project relative to the CDBG funding
indicated in the project. The following list of items/matters were read aloud to Mr. Logue and the public
attending the meeting:
parking for hotel residents, visitors, etc., parking for all hotel tenants to
be contained within mid-block public parking lots and primarily located in the
parking lot entered from the east side of Carbon Avenue at 50 North (Substation
lot) finding that properly observed parking plans and parking off-street in
primarily the Substation Lot will mitigate negative parking impact generated by
the Newhouse Hotel in the downtown Price area in which parking is limited and
promote an environment of economic activity consistent with the evaluation
criteria for the zoning district and the goals of the Price City General Plan.
It was noted that during a pre-developed meeting with staff, Mr. Logue was
requested to purchase and supply additional parking area; possibly the former
Gas-n-Go property at 100 W.
· No interference with existing business access, ingress/egress from businesses for customers and deliveries due to vehicle parking by hotel tenants, visitors, etc. finding that economic activity within the area and zoning district will be promoted to a higher degree when current business access is not inhibited.
· Installation of signage, placed in concurrence with the Price City Pubic Works Director, and enforcement by Newhouse Hotel management of 20 minute loading/unloading zone only in front of the hotel (north side) on Main Street finding that a 20 minute loading/unloading zone will accommodate hotel occupant needs and mitigate negative congestion impacts in the area and that enforcement by Newhouse Hotel management will reduce cost to the public of enforcement associated with individual impacts.
· No inoperable vehicles, trailers, etc. to be placed on-street or within any public parking lot by any hotel tenant, visitor, etc. finding that no inoperable vehicles present an improved community aesthetic environment at the Price City 100% intersection consistent with the goals of the Price City General Plan and that congestion will be mitigated in the area.
· Maintenance of parking enforcement and any necessary towing of non-complying vehicles by hotel management and a mechanism to report violations of parking conditions finding that properly controlled parking in the area will reduce congestion and promote economic activity while maintaining the mixed use environment consistent with the goals of the Price City General Plan.
· No loitering in or around the exterior of the hotel property by tenants or visitors finding that loitering may promote negative community aesthetic impacts at the Price City 100% intersection and reductions in economic activity.
· Compliance with the Utah Clean Air Act by all hotel tenants, visitors and management staff including no smoking within the proximity indicated in the Act to the Newhouse Hotel, adjacent businesses entrances or within the public parking lots finding that compliance with the law is essential to a positive commercial district and that non-compliance may result in negative economic, social and aesthetic impacts to the downtown area.
· Completion of a minimum of at least two (2) community meetings per year to disseminate information from hotel management and to receive input from community members regarding any project impact concerns finding that a positive environment of information exchange between hotel management and the community will result in fewer misunderstandings, a forum for constructive criticism to be heard and promote long-term project success in the community.
· Maintenance of on-site building and property manager, maintenance and janitorial services for building interior and exterior finding that properly and professionally managed and serviced/maintained buildings maintain property values and improve the economic condition of the community as well as maintain property values within the zoning district. Mr. Logue stated that a local 24 hour management system will be in place so that a local person will always be available. The person may even be living in the building.
· Renovation of building exterior maintaining historic character of building as documented with the State of Utah Historic Preservation Office finding that the Newhouse Hotel is a community icon and the historic character of the building facades is important to the community, the Price City Certified Local Government (Historic Commission) and is consistent with the goals of the Price City General Plan.
· Confirmation of utility connectivity by all utility providers finding that properly planned and connected utility service promotes community health, safety and welfare.
· Completion of project environmental comments consistent with Chapter 3 of the Code finding that review and evaluation of environmental impacts and mitigating activity to address any conditions will reduce impact on the environment and is consistent with the provisions of the Code.
· Completion of any required development agreement with the Price City Public Works Department finding that properly planned and developed/redeveloped community infrastructure promotes long-term quality development within the community and is consistent with the goals of the Price City General Plan.
· Completion of a storm water drainage plan to collect and remove water from the roof of the building without impacting neighboring land uses and concurrence of the water drainage plan by the Price City Engineer finding that properly controlled storm water reduces negative impact on property and that storm water management problems from building roofs in the immediate area of the Newhouse Hotel are known to exist. Mr. Logue stated that a new roof will be put on with improved drainage.
· Completion of an industrial waste survey or other acceptable documentation with the Price River Water Improvement District (PRWID) and compliance with any recommendations provided finding that properly address waste water management protects high cost community infrastructure and promotes long-term high quality development in the community.
all property owners within 300’ of subject property at
· Placement of a Price City Planning and Zoning “pending project” sign at the subject property until such time as the project is provided with final approval finding that providing the community with signage and contact information for additional project information and to voice concerns promotes improved communications and reduces misunderstandings surrounding project development.
Procurement of a
· Installation of appropriate vehicular and pedestrian traffic safety and routing to include fencing, covered walkways, etc. in compliance with recommendations of Price City Public Works Department finding that properly controlled construction sites reduce incidents of accident/injury and are in the best interest of the health, safety and welfare of the community.
· Maintenance of demolition dumpster and servicing of dumpster by sanitation company in compliance with recommendations made by the Price City Public Works Department finding that properly placed and serviced dumpster activity during demolition and construction will mitigate negative impacts on the economic activity in the downtown area.
· Submission of building signage to Price City Planning Department for administrative review and authorization consistent with the provisions of Chapter 4 of the Code prior to installation finding that properly permitted and installed signage promotes consistency throughout the community while providing a mechanism for messaging. Mr. Logue stated that he will also contact the Historical Society on this matter.
· Acknowledgement that any retail tenancy on the ground floor space will require an additional CUP approval to be independently considered and not as part of this application or any resulting approval finding that additional land uses that may occupy retail space in the building require individual evaluation and may inherently required specific conditions of approval prior to occupancy in the building to mitigate potential negative impact in the area. Mr. Logue stated that he understands the conditions and is not sure of the exact plans for the retail space. He would like to secure an area business in the space.
· Final building and area site plan indicating final building land uses, locations of building support infrastructure (dumpster) and locations of parking for tenants, visitors and employees off-street as required finding that properly prepared and reviewed site plans reduce the opportunity for miscommunication and misunderstanding of project/development conditions and requirements and provide a bona-fide long-term record of the development as approved.
Mr. Logue stated that he is very aware of the requirements and conditions of approval and is looking
forward to working with the community. Paul Bedont, Price City Fire Chief has not reviewed the building
and will need to provide comments regarding fire sprinkler system requirements. Mr. Logue stated that an
elevator is not in the plans but understands the sprinkler system requirements which are already in the
plans. Mr. Logue stated that this project is for permanent living situations for low income residents. The
residents are required to pass very rigorous background checks and sign a minimum one year lease. He
mentioned that he has done many other
project developments in the northern
projects are inspected and watched very closely by the funding programs involved. MOTION.
Commissioner Hanna-Smith moved to approve concept only for the Newhouse Hotel renovation and land
use. Motion seconded by Commissioner R. Richens and carried. ACCEPTANCE: The Commission
confirmed the acceptance and understanding of the concept approval conditions by Ben Logue.
XII UNFINISHED BUSINESS
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
· Trailer is set up-no electricity yet-steps will be installed upon change of weather
3. Price Auto Group- Pavement
Meeting adjourned at 7:25 p.m. by Chairman Bruno pursuant to the motion by Commissioner R. Richens.
APPROVED: _________________________ ATTEST: ________________________
Larry Bruno, Chairman Laurie Tryon, City Recorder