PRESENT:           Commissioners:                                  

                                Larry Bruno                          Laurie Tryon, City Recorder

                Robert Richens                    Nick Tatton, Community Director

                                Edwin Shook

                Kathy Hanna-Smith

                Frankie Sacco

                Gary Lyon

                Alfred Richens    


OTHERS PRESENT: Rick Davis, Ray Morley, Jeff Nielson, Evan Hansen, Victor Hansen, Ed Ellis, Troy Huntsman and Angelo Kiahtipes



                Chairman Bruno led the Pledge of Allegiance


II             ROLL CALL


III           MINUTES OF MARCH 24, 2008

              Commissioner Hanna-Smith moved to approve the minutes of March 24, 2008 as presented. Motion

              seconded by Commissioner Lyon and carried.




                Mr. Ed Ellis raised a concern regarding the trash the wind blows into his yard coming from the Creekview

              Shopping Center area. Chairman Bruno stated that Item XI may address some of his concerns.




                MOTION. Commissioner Shook moved to open the public hearing at 6:02 p.m. Motion seconded by

              Commissioner A. Richens and carried. No public input was received. MOTION. Commissioner Hanna-

              Smith moved to close the public hearing at 6:03 p.m. Motion seconded by Commissioner Shook and





                Victor Hansen requested preliminary and final approval of a revised subdivision plat for a four (4) lot

              subdivision located in northeast Price surrounding the undeveloped prescriptive use Pinion Drive Road,

              approximate address of 1600 East 600 North. MOTION. Commissioner A. Richens moved to recommend

              preliminary and final approval of the proposed Pinion Drive Phase I subject to the following conditions:

·         Completion of any and all public infrastructure development requirements necessitated by the Price City Public Works and Engineering Department(s), including compliance with storm water management recommendations, finding that completion of requirements suggested by Price City Public Works and Engineering

·         Completed Development Agreement between Price City and the applicant with appropriate surety guarantee for public improvements provided to Price City by applicant  for all required public improvements.

·         Development in compliance with the data and recommendations stemming from the completed Geotechnical study.

·         Completion of final subdivision maps incorporating all required development elements submitted to Price City in Mylar or other acceptable format with appropriate signature blocks.

·         Recording of approved subdivision plat with the Carbon County Recorder within sixty (60) days of approval by applicant.

                 Chairman Bruno read aloud the conditions of approval to Mr. Victor Hansen. Motion seconded by

               Commissioner Lyon and carried. ACCEPTANCE. The Commission confirmed the acceptance and

               understanding of the approval conditions by Victor Hansen.






                Jeff Nielson, owner of Eastern Utah Produce, located at 170 West 100 North, requested final approval of an

              amendment to the original Conditional Use Permit (CUP) from produce distribution only to include a small

              food service operation. The sign that the business expansion will utilize will be on site and added to the

              existing billboard sign between the poles or possibly on the building. The billboard sign will continue to be

              leased out and not used for Eastern Utah Produce.  Mr. Nielson had not heard back from the City Engineer

              or Public Works Director on the final plans submitted. A copy of the confirmation from Gas-N-Go

              regarding employee parking and placement of the Eastern Utah Produce Dumpster was provided to

              Commissioners. Commissioner Hanna-Smith asked Mr. Nielson whether the letter coming from the

              manager and not the owner was sufficient. He stated that the manager had worked at Gas N Go for a long  

              time and that he had always dealt with her and believed that she has the authority to issue the letter. Mr.

              Nielson stated that he had spoken to PRWID regarding the sewer and grease traps. PRWID told Mr.

              Nielson that he would not have to upgrade the sewer lines if he were to add frying equipment to the

              business but would need a grease trap. Mr. Nielson stated that he would comply with those requirements.       Nick Tatton stated that a sampling manhole may need to be added and Mr. Nielson would need to check on

              that. Mr. Nielson stated that a sidewalk would be added as well as ADA access and ADA bathrooms inside.                  The deli and the produce businesses will be separated with a wall. Chairman Bruno asked if Mr. Nielson

              understood all of the conditions listed from preliminary approval. Mr. Nielson stated that he did understand.

              MOTION. Commissioner Shook moved to recommend final approval for an amendment to the existing

              Eastern Utah Produce Conditional Use Permit. Motion seconded by Commissioner R. Richens and carried.

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

              by Jeff Nielson.



                Brent Hadfield presented a request for an amendment to the Krompel Subdivision plat. An addressing error

              was found after the plat was recorded so instead of changing a residents address, Mr. Hadfield is making

              the corrections on the original plat. MOTION. Commissioner Lyon moved to approve the corrected plat.

              Motion seconded by Commissioner Sacco and carried.




        Mr. Paul Simmons did not attend the meeting. MOTION. Commissioner Shook moved to table Item IX

       Until the next Planning Commission meeting. Motion seconded by Commissioner A. Richens and carried.




                Troy Huntsman presented a request for a Conditional Use Permit (CUP) for concept approval only

              for a used car lot to be located at 136 North Main Street, within the Commercial Development (CD) zoning

              district. It is the recommendation of staff to provide a positive recommendation to the Price City Council

              for concept approval only of the application. Staff recommends concept approval subject to the following

              conditions which being addressed prior to submission for final approval, were read aloud to Mr. Huntsman

              by Chairman Bruno:

·         Completion of a detailed site plan indicating property boundaries, development attributes, utility connections, parking requirements, minimum 5% landscaping, etc.

·         Completion of a PRWID waste water survey and compliance with any conditions resulting from the survey as requested by PRWID finding.

·         Provide evidence of utility connectivity by all necessary utility providers finding that development properly serviced by utility providers mitigates potential negative health, safety and welfare impacts on the community.

·         Completion of an environmental review of the project site consistent with the requirements within Chapter 7 of the Code finding that identifying and mitigating any environmental impacts at the development site promotes low impact, high quality development and is consistent with the Price City General Plan.

·         Completion of a development agreement with the Price City Public Works Department and submission of the required financial surety for the development of the public infrastructure necessary to accommodate the development, including curb, gutter, sidewalks, utility lines, storm water control, hillside erosion control, etc. Public improvements to be done for temporary use also.

·         Submission of a qualified storm water management and control plan and a qualified geotechnical study to the Price City Engineer for review and concurrence with development consistent with the plan and report finding that development that controls storm water mitigates the potential for flooding of neighboring land uses.

·         Placement of a project pending sign at the project location until the beginning of construction and notification of all property owners within five-hundred feet (500’) of the project site, by registered mail (evidence of mailing to be provided to Price City) of the project, project schedule, and meeting dates before the Price City Planning and Zoning Commission finding that providing notification of potential development to surrounding property owners reduces the potential for misunderstandings regarding the development and promotes community support.

·         Understanding that failure to complete permanent, once provided with approval for temporary uses to begin the development at the project location, in the manner represented and agreed to in terms of quality of development, time-line for development, etc. may be considered non-compliance with the terms of approval of the CUP and lead to revocation of the CUP and business license by Price City finding that any permitted temporary use is approved with the specific understanding that permanent development will ensue.

                The Planning Commission developed a time-line with Mr. Huntsman, to begin active construction of the

              permanent building at the start of the two (2) year point to permanent facility standards. Mr. Huntsman

              stated that he will have a temporary use mini trailer on the property until the permanent facility is built. He

              stated that a permanent hard surfaced sales lot would not be completed until after the new building is

              finished. If he puts asphalt down now it would have to be torn up to add the new building. Mr. Huntsman

              plans to have 2” drain rock for the gravel base to alleviate tracking of mud. He stated that approximately

             100 used cars would be located on the property for sale. He is researching the possibility of purchasing the

              parcel of property across from this project to add even more vehicles. The total parcel size is .92 acres and

              the additional property that he would like to purchase is approximately .18. The project property will need

              an qualified environmental study to make sure it is free of ground contamination. The property is located

              next to 100 north by the overpass and Mr. Huntsman stated that he would like to have his sales lot as close

              to the road for visibility purposes as possible. He stated that he has permission from UDOT to build on the

              right of way. A letter from UDOT confirming that encroachment will be necessary. It will be located far

              enough from the hillside that he won’t need a retaining wall. A maintenance and repair shop will be added

              as part of the permanent structure for the inventory. All maintenance will be considered minor such as oil

              changes and tire work. The building will be the same construction style and type as the dealership

              in Huntington, Utah. The Commission would like two years as the maximum for the actual structure and

              asphalt by the end of third year. Mr. Huntsman stated that he sent out 27 letters to surrounding property

              owners and has not received any feedback. No evidence of mailing was provided by Mr. Huntsman. A site

              plan and timeline for construction must be turned in prior to preliminary approval. MOTION.

              Commissioner Shook moved to recommend concept approval only to Huntsman Autoplex. Motion

              seconded by Commissioner Hanna-Smith and carried. ACCEPTANCE. The Commission confirmed the

              acceptance and understanding of the approval conditions by Troy Huntsman.




                Ray Morley requested an application for preliminary and final approval for the

              M-13 Construction of the Sorensen Communication/DMV building to be located at 189 South 600 East.

              There has been a challenge of the concept approval and zoning decision to the Board of

              Adjustment (BOA) made by the owner of Wedgewood Villa, the land use immediately east of the project

              location. The BOA appeal addresses two issues:  (1) the use of an easement at the west property boundary

              of the housing development (Wedgewood Villa) for ingress/egress by the land use proposed herein; and, (2)

              the zoning determination that the professional office use is available within the Multiple Residential 7 (MR-

              7) zoning district.  That BOA hearing is presently pending. Mr. Morley has submitted an application for

              zone change from MR-7 to CD for the project location to clear up the concerns from Wedgewood Villa.

              The development plan for the project was altered to potentially satisfy the concern raised by the

              Wedgewood Villa owners regarding the use of the easement at the property line. The change in the

              development site plan may eliminate the need for the BOA hearing discussed above and potentially the

              zone change application submitted by Mr. Morley.  The Commission had concerns about the driveway for

              the south parking lot; the determination on the contested parking spaces formerly accessed via the

              easement; landscaping; retaining wall and location and access to the garbage dumpster to be used by the

              development. Mr. Morley has cleared up some of the items with a new site plan. The BLM letter giving

              consent to use a parking space for the dumpster has not yet been received. Mr. Morley stated that the storm

              drainage has been redesigned and the east side entrance will be closed off with fence. The sewer line will be

              connected with City sewer instead of the PRWID line. Mr. Morley stated that the south driveway will be

              25’ from the corner with right turn only. Mr. Ed Ellis, a neighboring resident, commented that a fence

              surrounding the property was taken down prior to footer construction and now all of the garbage and debris

              from the surrounding stores is blowing in his yard. Commissioner Hanna-Smith volunteered to follow up on

              the debris issue with neighboring businesses as part of the Community Progress Committee projects she is

              involved with. The blowing trash issue should not be focused on a new building coming into the

              neighborhood but on a problem that has existed within the area for a long time. Mr. Morley would like the

              Commission to grant final approval for the project. He will meet with the owners of Wedgewood Villa to

              work through the current issues they have with the project. He stated that he feels the pending contingencies

              are minor and should not hold back the project. Nick Tatton stated that the details are not minor and are

              important to Price City and surrounding neighbors. The Commission needs to be notified that the

              Wedgewood Villa issues are resolved. Chairman Bruno read aloud the conditions that need to be met prior

              to final approval although most have been completed:

·         Completion and submission of final site plan document indicating no use of easement at east property boundary to project location, placement of a 6’ sight obscuring fence (white vinyl indicated by Mr. Morley and the fence should be specifically approved as such) the length of the east property boundary with perpetually maintained landscaping, all site improvements, utility connections, driveways, parking spaces.

·         Specific consideration and approval of the south parking lot driveway to be 25’ from 200 South, instead of the standard 50’.

·         Removal of any trees blocking sight distance at the intersection.

·         Clarification of property lines on the site plan.

·         Submission of deeded public utility rights-of-way to Price City, minimum 10’.

·         Incorporation of, and development of fire safety requirements including additional hydrant and/or sprinkler system in building as necessary.

·         Removal of dumpster from easement and relocated on site plan.  A qualified letter from the BLM indication any joint location and use must be submitted to Price City prior to final approval.

·         All construction to minimum Price City or APWA standards.

·         Inclusion of any additional street lights required on the site plan or written comments from electric department indicating existing street lighting is sufficient.

·         Specific inclusion of the 6’ white vinyl fence showing where the fence will change height to 3’ toward the street for 25’ and curb wall for fence.

·         Submission of cross sections on curb, gutter, sidewalk, planter strip(s).

·         Details on storm water drainage clarified on site plan, including runoff calculations, parking area storage capacities and comparison to TBC elevations.

·         Clarification on parking lot pavement and base construction as well as primary roadway areas.

·         Completion of all development in accordance with submitted qualified geotechnical study and storm water management.

·         Development of noise producing and light emitting devices (parking lot lights and air conditioning units) in such a manner that noise and light pollution is angled away from all residential areas to the east and south of the project.

·         Procurement of written correspondence, and copy to Price City, by applicant from Wedgewood Villa property owner or legal counsel indicating satisfaction of development plans in regard to use of contested easement at project east property line.

·         Completion and submission of a development agreement with the Price City Public Works Department and submission of the necessary financial surety to Price City for the development of all pubic infrastructure associated with the development and along both 200 South Street and 600 West Street finding that completion of public infrastructure associated with development to Price City standards.

·         Submission of building plans to the Price City Building Department for plan review and concurrence with all building and fire safety requirements noting the Fire Chief has raised safety concerns, finding that properly completed construction, in accordance with building and fire safety requirements protects the health, safety and welfare of the community.

                MOTION. Commissioner R. Richens moved to table Item XI the next Planning Commission meeting and

              until all required conditions have been met. Motion seconded by Commissioner Lyon and carried.        

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

              by Ray Morley.



                      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

                MOTION. Commissioner Shook moved to attach bond proceeds and get the work moving forward on the

                development agreement. Items a and b will be forwarded to City Council for approval. Commissioner R.

              Richens seconded motion and carried. Items are together.

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

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

                MOTION. Commissioner Lyon moved to have the Building Inspector send a letter to Mr. Richardson to

              have the work completed immediately. Motion seconded by A. Richens and carried.

                      3. Price Auto Group- Pavement –

Meeting adjourned at 7:25 p.m. by Chairman Bruno pursuant to the motion by Commissioner A. Richens.



APPROVED: _________________________                  ATTEST: ________________________

                       Larry Bruno, Chairman                                                      Laurie Tryon, City Recorder