PRICE CITY PLANNING AND ZONING MEETING

MINUTES OF MAY 21, 2007

PRESENT: Commissioners: Laurie Tryon, City Recorder

Gary Lyon Nick Tatton, Community Director Penny Sampinos

Jeff Nielson

Ed Shook

Alfred Richens

Frankie Sacco

EXCUSED: Larry Bruno, Chairman

OTHERS PRESENT:Gary Sonntag, Garry Farrell, Tracy Udink, Kathy Hanna-Smith, Samual Bowman, Roy Nikas, Roberta Hardy, Paula Wells, Tammi Richey, Gary Chawc, Rick Carlton, David Ariotti, Keith Cox

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

I PLEDGE OF ALLEGIANCE

Vice Chairman Gary Lyon led the Pledge of Allegiance

II ROLL CALL

III MINUTES OF MAY 7, 2007

A favorable motion to approve the minutes of May 7, 2007 as read was made by Commissioner Shook. Commissioner Sacco seconded the motion. Motion carried.

IV HOME OCCUPIED PERMIT- BUSINESS-OFFICE USE ONLY- FINAL

390 EAST 700 NORTH- TWO DRAGONS PROD., SAMUAL BOWMAN, OWNER

This is a Home Occupied Office Use Only Permit for the new business of Two Dragons Production owned by Samual Bowman. It is a limited liability company that will be shooting one film for Sundance Film Festival. Staff confirmed with Mr. Bowman that the production will not be subject to the Sexually Oriented Business Ordinance. There will not be an impact to the neighborhood with signage, advertising, traffic or customers coming to the home. Staff recommends approval of this business with the following requirements based upon Section 1.13.90 and Section 10.3.4 of the Price City Land Use Management and Development Code:

· No employees at the residence

· No unusual traffic (periodic deliveries-Fed Ex, UPS allowed)

· No parking of vehicles except in private driveways

· No unusual amount of garbage and waste products accumulating

· No electronic interference of customary neighborhood signal (internet, television, etc.)

· No environmental contamination (noise, dust, odors, etc.)

MOTION. A favorable motion was made by Commissioner Nielson to approve the Home Occupied Office Use Only permit final with staff recommendations. Motion seconded by Commissioner Sampinos and carried.

V HOME OCCUPIED PERMIT- DAYCARE- FINAL

742 NORTH 500 EAST- THE GINGERBREAD HOUSE- TAMMI RICHEY, OWNER

Tammi Richey requested a Home Occupied Permit for a child daycare in her home located at 742 North 500 East. She will be licensed for 8 children with the required state allowance of 35 square foot of space per child. She has a fenced in back yard that is fully enclosed with a 6’ fence. Ms. Richey has completed the requirement for favorable neighborhood signatures and will bring a copy of her state license and food handlers permit to Price City. The sign to be used will be placed in her front yard and must remain 10 x 15 or smaller as allowed by Price City code. The property and home have been inspected by the Price City Fire Chief and Building Inspector. Staff recommends approval of this business with the following contingencies:

· Provision of a copy of State of Utah daycare valid licensure

· No parking or street congestion related to drop-off and pick-up of children

MOTION. A favorable motion was made by Commissioner Sampinos to approve the Home Occupied permit final with the stated contingencies. Motion seconded by Commissioner Richens and carried.

VI CONDITIONAL USE PERMIT-AMENDMENT-FINAL

801 EAST MAIN STREET-EL SALTO MEXICAN CAFÉ-MIGUEL TABERNA, OWNER

Nick Tatton presented this request on behalf of Miguel Taberna. The El Salto Mexican Café is planning to move from its present location at 19 South Carbon Avenue to the former Velvet Freeze location at 801 East Main Street. This change requires an amendment to the Conditional Use Permit (CUP) for the change of location as they are nontransferable. Staff recommends approval of this CUP amendment with the following contingencies:

· Completion of all requirements for fire safety indicated by the Price City Fire Chief at the location

· Completion of all requirements set forth by the Price City Building Inspector relative to ADA access compliance at the location.

· Submission of all signage changes to Price City for administrative review, processing and approval

MOTION. A favorable motion was made by Commissioner Richens to approve the Conditional Use Permit Amendment Final with the stated contingencies. Motion seconded by Commissioner Shook and carried.

VII CONDITIONAL USE PERMIT- PLANNED UNIT DEVELOPMENT-FINAL

431 AND 435 EAST 100 NORTH, GARRY FARRELL, OWNER

Garry Farrell presented this Planned Unit Development final. A letter from Mr. Farrell indicating that the soil conditions at the site are known to him and do not require any additional geotechnical evaluation relative to the development and that Mr. Farrell will assume all responsibility for soil conditions and any failures of the soil relative to the development has been given to the Commission. A final site plan for the PUD development indicating all utility connections, set-backs, locations of homes and landscaping has been received by the Commission. Also, letters/statements from adjoining property owners to the west of the PUD development indicating knowledge of the situations surrounding any potential construction at the property line have been received for the file. In order to complete the final approval for the CUP for the residential Planned Unit Development (PUD) for Mr. Garry Farrell, the following items have been required by the Price City Public Works Department and Planning and Zoning Commission:

· Letter from Mr. Farrell and/or the home provider indicating compliance with all HUD certifications and requirements;

Mr. Farrell is checking into options for an existing power pole belonging to Price City that may need to be moved. The 6’ west setback has been reviewed by the Price City Fire Chief. The access into the lot will be from 100 North. MOTION. A favorable motion was made by Commissioner Nielson to approve the Conditional Use Permit Final for Garry Farrell’s Residential PUD with the above requirements and stated 6’west setback. Motion seconded by Commissioner Shook and carried.

VIII CONDITIONAL USE PERMIT- BUSINESS- CONCEPT ONLY

828 EAST MAIN-AARON’S SALES AND LEASE-KEITH KENNEDY, ARCHITECT

David Ariotti presented this item representing Keith Kennedy. This is a request for a Conditional Use Permit for a new furniture store development to be located at 828 East Main Street (behind-south- of Utah Central Credit Union). The building will be approximately 80 x 125’. Roy Nikas stated that a driveway will be available for this lot without sharing access (ingress & egress) with a surrounding business. The site plan indicates a need for consideration of the west boundary setback line and specific approval of that setback as well as approval of the development infrastructure, etc. The setback can be established by Conditional Use Permit under Section 11.5.5 of the Price City Land Use Management and Development Code. Staff recommends concept approval of the development and setback with the following contingencies:

· Statement of compliance from developer with environmental considerations where applicable (erosion, dust control, grade and slope stability, ground water and runoff, vegetation, wildlife, urban or wildfire potential, accumulation of wastes) –developer can provide Price city with a brief letter address each

· Completion of site specific soil report and recommendations to include any grading plans

· Completion of site plan indicating: storm water management (to accommodate 100 year flood); utility connections and installations; ingress and egress; parking lot configuration and lighting; garbage dumpster location and enclosure sizing; perimeter fencing (if any); public infrastructure installations and dedication to the public; landscaping requirements (5%)

· PRWID survey completed and copy submitted

· Signage plan may be submitted for administrative approval

· Development plans submitted for review to include: construction plans; site preparation plans (grading, utility connections, etc.); public infrastructure construction plans

MOTION. A favorable motion was made by Commissioner Shook to approve the Conditional Use Permit Concept Only for Aaron’s Sales and Lease with the stated contingencies of the 5’ west boundary setback. Motion seconded by Commissioner Sacco and carried.

IX CONDITIONAL USE PERMIT- NEW DEVELOPMENT-CONCEPT ONLY

1365 SOUTH CARBON AVE.-MSHA BUILDING-C.V.LLC, STEPHEN LUDLOW, OFFICER

Rick Carlton presented this request for a new MSHA Office (building #3) to be built at 1365 South Carbon Avenue located next to Utah Highway Patrol Building. This building will be very similar to the existing buildings and high enough to store MSHA’s emergency motor home inside. Access off of the new street will extend to the end of the property. Additional property will be purchased to complete the road which will be dedicated to the City. The land use is permitted under Section 11.3.5.1 of the Price City Land Use Management and Development Code; the accompanying parking lot will require Conditional Use Permitting (CUP) under Section 11.3.2.1.9. Staff recommends concept approval with the following requirements/submissions prior to preliminary and final approval:

· Vicinity Map and Site Plan indicating all Price City development requirements, including curb, gutter, sidewalk, street extension, fire hydrants, street lights, rights-of-way, storm water drainage plans, utility connectivity, landscaping requirements, dedication of appropriate areas to the public; submission of a minimum of (2) 24”x 36” and (2) 11.5 x 17” site plans

· Completion and submission of a site geotechnical soil report

· Submission of engineered building design plans to Price City building department for plan review and comment

· Completion of any development agreement(s) necessary or required by the Price City Public Works Department relative to the public improvements required by the development

· Completion of requirements for the previous CUP (easements road dedication, repair sidewalk, concrete jersey barricades at the end of the street). Move water line out into the street right of way.

· Multiple developments our now on this property. If ownership has changed for the property it may be time to require a new subdivision plat.

MOTION. A favorable motion was made by Commissioner Nielson to approve the Conditional Use Permit Concept Only for the new MSHA development with stated contingencies. Motion seconded by Commissioner Sampinos and carried.

X CONDITIONAL USE PERMIT-AMENDMENT-FINAL

521 SOUTH HIGHWAY 55 – FOUR SEASONS HOMES- TONY BASSO, OWNER

Nick Tatton presented this request for Tony Basso and Kevin Pritchett. Four Seasons Homes has found a need to use the property immediately south (521 South Highway 55) of 4 Season Homes (495 South Highway 55) across from Fausett Lane for temporary transfer/staging for homes that have been sold. The homes that are purchased, in many cases, will not fit on the existing permitted property while they await transfer to the final home site. This process takes between one and 14 days. This request will be an amendment to their CUP to permit the temporary staging and transfer of homes on the vacant property. Staff recommends approval of this amendment to the CUP. If this use should change from temporary to permanent then the temporary permit must be revoked with the matter revisited by the Planning and Zoning Commission for issuance of additional conditions relative to the use including required site improvements. The Commission would like to make sure that dust does not become an issue and would like to set an 18 month review of the lot. The 18 months will provide enough time for the business and the City to see the possible outcome of transferring homes in and out and whether the lot needs to be a permanent solution. Commissioner Nielson does not want to require pavement of the lot until the use is determined. MOTION. A favorable motion was made by Commissioner Richens to approve the Conditional Use Permit Amendment Final for Four Seasons Homes with a review of the lot use and surface condition in 18 months and contingent upon dust control at the site. Motion seconded by Commissioner Sampinos and carried.

XI CONDITIONAL USE PERMIT-TEMPORARY BUILDINGS/STREET

IMPROVEMENTS-REVIEW AND POSSIBLE FINAL-210 NORTH 600 E. – PINNACLE

CANYON ACADEMY, ROBERTA HARDY-CHIEF ADMINISTRATIVE OFFICER

The Conditional Use Permit for Pinnacle Canyon Academy relative to use of temporary classrooms will expire on July 11, 2007 (2 year period). Roberta Hardy would like to leave the buildings on the lot permanently for classroom use and add stucco or brick to create an aesthetic balance. Eventually, the school will be extended up on the hill to the east with parking and a High School. If the temporary buildings are removed, the elementary students would be added in with the High School and approximately 20 parking spaces would be lost. The 2 year period allowed by Planning and Zoning was to allow the school to be remodeled with an addition. At the time the Commission set the two year limit on the temporary classrooms, a High School was not in the future plans. The school has now outgrown the new building and the temporary buildings are necessary. Mrs. Hardy stated that the buildings are mounted to the ground in a permanent manner as required by the previous Building Official, Francis Duzenack. There is blacktop underneath the buildings that could be used for parking if the temporary classrooms are removed which would solve the parking problem. The problem of where to put the children would then become the issue. Staff recommended addressing the temporary classroom issue via: 1) a new Conditional Use Permit must be issued with time lines regarding any potential continued use; or (2) the temporary classrooms must be removed; or (3) extension of the existing CUP. Additionally, development matters relative to required public infrastructure continue to exist along the north and south property boundary. The school does not own the property on 300 north and does not have the money to finish the development requirements as previously agreed to with a development agreement with Price City. Mrs. Hardy stated that the school does not want to own the property so they won’t have to pay for the improvements. If the curb, gutter and sidewalk were to be improved on 300 North, the school would again, lose some of their parking. The school would like to continue getting along with all of the surrounding neighbors and not have employee vehicles parked in front of homes. They have just recently completed the school and the road on 200 North and have run out of money. Mrs. Hardy reported that the school completed more than necessary on 600 East and are satisfied with the way things turned out on all sides of the property. The 300 North curb, gutter and sidewalk improvements are a part of the original Conditional Use Permit and are required by code. In order to complete the improvements, the $45,000 bond may need to be tagged for restitution and Price City would complete the improvements. Zena Robinson, an employee of Pinnacle Canyon stated that her son lives across the street and is worried that if there is not available parking on the property that everyone will be parking in front of surrounding homes including her son’s home. Until the funding is available to complete the property on the hill with more parking and a new building for the High School, the options for improvements and moving the temporary buildings are limited. At the last Planning and Zoning meeting in June, 2007, Mrs. Hardy will inform the surrounding neighbors of this issue and bring either letters or the neighbors to provide comment to the Commission. A two year extension on the temporary buildings would be very helpful and would give the school additional time to receive more funding. Mrs. Hardy stated that the school has 480 students with a two year growth of 525 students. The elementary section of the school will not grow. Each grade can take 40 students maximum with 28 in each grade at this time. Staff recommends that if the Commission grants another extension that the development issue is also included. Also, give Mrs. Hardy until the June, 2007 meeting to come up with a plan to fix the property line and plat issue, the 300 and 200 north issues, potential parking and construction of school on the hill. Both the Commission and the school will need to come to an agreement to then forward to the City Council. Mrs. Hardy felt that the time allowance to work on a plan was fair. MOTION. A favorable motion was made by Commissioner Shook to table the item until the June 25, 2007 Planning and Zoning meeting where Mrs. Hardy will bring the future plans for the school and property. Motion seconded by Commissioner Richens and carried.

XII CONDITIONAL USE PERMIT-AMENDMENT-PRELIMINARY AND CONCEPT

143 N. 100 E. / 59 E. 100 N.-CASTLE VALLEY CARWASH-JERRY CARLSON,

PRESIDENT

MOTION. A favorable motion was made by Commissioner Richens to table the item. Motion seconded by Commissioner Sampinos and carried.

XIII CONDITIONAL USE PERMIT- STORAGE UNITS- FINAL

121 NORTH CARBONVILLE ROAD- WASATCH PORTABLE STORAGE-CHRIS KITCHEN, MANAGER

Mr. Chris Kitchen of Wasatch Portable Storage was contacted after Price City received a complaint regarding un-permitted container storage units located at 135 South 1060 West (Market Express). The storage containers may be permitted in the zone under Section 11.3.9.11.1 of the Price City Land Use Management and Development Code. This section provides for “temporary, up to 1 year, shipping/storage containers and truck trailers/boxes and other un-permitted storage uses.” At this time, the containers are stacked to the west of the existing Market Express buildings. Commission recommends items to include:

· Limitations on numbers and/or sizes of containers available for “display”-only one unit of each size allowed-no more than four

· Requirement for hard surfacing of sales lot consistent with other use requirements

· Installation of sight obscuring fencing around storage/sales lot-high enough to cover units

· Conformance with other storage facility requirements as indicated in Section 11.3.9.11 of the Price City Land Use Management and Development code

· Limitations on time for permitting beyond the 1 year indicated in the Code

· Sign to be kept within code- administrative permitting required

· September 20, 2007 time allotment

· Conditions need to be stated to individuals purchasing the storage units as they are only allowed for temporary use in a CD zone.

This business is a reciprocal business which does not require a Price City business license as they are licensed elsewhere. Concerns from the Commission included the entrance to the City becoming an eyesore for visitors.

MOTION. A favorable motion was made by Commissioner Shook to approve the Conditional Use Permit Concept and Preliminary only on a trial basis only with compliance of the following requirements: one unit of each size for display and no more than four, a 8’ sight obscuring fence, hard asphalt surface, signage requirements by code, payment of necessary fees to City and the completion date set for no later than September 30, 2007. Motion seconded by Commissioner Richens and carried.

Commission Nielson abstained from commenting on the next agenda item and declared a conflict of interest. The conflict was noted for the record.

XIV CONDITIONAL USE PERMIT- NEW SUBDIVISION- CONCEPT ONLY

CAVE HOLLOW- 300 EAST NORTH END- DAYSPRING DEVELOPERS

Keith Cox presented this request for concept approval for the Cave Hollow Subdivision situated within the SF-12 zone at approximately 1400 North 300 East for 38 lots. The developers goal is have concept approval for all 38 lots and to move along on the first phase of 4 lots as finances allow. Homes in the subdivision must be stick built. Before preliminary or final approval can be granted the following requirements must be met:

· Environmental Impact assessment/letter indicating responses to the matters listed in Section 3.3 of the Price City Land Use Management and Development Code

· Specific preparation of a qualified geotechnical study (soil report) for the overall subdivision

· Specific storm water collection and management plan relative to washes running throughout the project site

· Specific grade and fill plan based on results of qualified geotechnical study

· Public infrastructure development and utility connectivity plan. Indications of water, sewer, electrical, curb-gutter-sidewalk, storm water management and drainage plan, street lighting, fire hydrants and street signage

· Letters from all utility providers indicating capacity and connectivity ability to serve the proposed subdivision

· Engineered site plan with all required elements provided for review by Price City Public Works Department and Planning and Zoning Commission

MOTION. A favorable motion was made by Commissioner Richens to approve the Conditional Use Permit Concept Only. Motion seconded by Commissioner Sacco and carried with Commissioner Nielson abstaining from a vote.

Commissioner Richens motioned to adjourn. The meeting adjourned at 7:44 p.m.

APPROVED______________________________ Gary Lyon, Chairman Pro tempore

ATTEST_________________________________ Laurie Tryon, City Recorder