MINUTES OF MAY 27, 2008
Larry Bruno Laurie Tryon, City Recorder
OTHERS PRESENT: Cathy Workman, Ruth Metzger, Kasey Peterson, Eddie Horvath and Mayor Piccolo
I PLEDGE OF ALLEGIANCE
Chairman Bruno led the Pledge of Allegiance
II ROLL CALL
III MINUTES OF MAY 12, 2008
Commissioner Shook moved to approve the minutes of May 12, 2008 as presented. Motion
seconded by Commissioner Lyon and carried.
Chairman Bruno stated a conflict of interest with item V as he is a relative of the applicant, Cathy Workman. Commissioner Lyon served as Chairman Protempore for item V.
V CONDITIONAL USE PERMIT- BUSINESS AND SIGN-FINAL
Cathy Workman requested a Conditional Use Permit (CUP) for a new business called Wild Cats Shoe Store
to be located at
zoning district. Ms. Workman stated that a six foot (6’) French ADA accessible door would be installed at
the front of the building. Two, four foot (4’) windows for display and a two foot (2’) window for an office
would also be installed in the front. She stated that the building would be stucco on the exterior with a sign
centered on the front above the door. Ms. Workman stated that the fire and building inspector would not
pass the building in the condition it is presently in but would return after for the remodeling began. She
stated that she would like to add a bench in front of the building and a tree or planter for aesthetics. Staff
recommended final approval of the CUP subject to the following conditions which were read aloud by
Protempore Chairman Lyon.
· No on street parking by owners or employees. Owners and employees must park off-street in adjacent or mid-block parking lots finding that owner and employee parking in off-street lots reduces congestion and improves the opportunity for commercial activity and is consistent with the goals in the Price City General Plan.
· Procurement of a valid Price City building permit and completion of all necessary building renovations, including ADA access, consistent with the recommendations of the Price City Building Inspector and Price City Fire Chief finding that properly renovated buildings provide a safe environment for owners, employees, customers and mitigate any potential impacts to community health, safety and welfare.
· Installation of the business sign consistent with the provisions of Chapter 4 of the Code and as indicated in the application materials finding that properly reviewed, regulated and installed business signage promotes a healthy commercial core in the community and is consistent with the goals in the Price City General Plan.
Renovation of the
existing building façade and placement of aesthetic improvements such as
planters, etc. consistent with the 5% landscaping requirement in the Code
MOTION. Commissioner Hanna-Smith moved to approve the CUP for Wildcat Shoe Store with the listed
conditions. Motion seconded by Commissioner R. Richens and carried. ACCEPTANCE: The Commission
confirmed the acceptance and understanding of the approval conditions by Cathy Workman.
Protempore Chairman Lyon stepped down as Chairman. Chairman Bruno returned to the Chair position.
VI CONDITIONAL USE PERMIT- BUSINESS AND SIGN- CONCEPT ONLY
Kasey Petersen requested a Conditional Use Permit (CUP) concept approval for a Wingers Restaurant to be
located at approximately
district. Mr. Petersen stated that the road frontage would be the same as the Super 8 Hotel that is next to the
property. He stated that the
building would probably face
and back. The back parking would be for traveling trailers and larger vehicles. Mr. Petersen stated that the
restaurant will be a bar and grill and require a liquor license. He stated that it will be 4200 square feet
seating 180 people. He stated that he will make sure that there is clearance for emergency services with a
minimum of 12’on one side of the building for fire clearance. Nick Tatton suggested that Mr. Petersen
check where the sewer lines are because they may be private lines owned by the hospital. All of the signs
will be approved through the City administratively. Mr. Petersen plans to be open one year from now. Staff
recommends concept approval only for the CUP application with the following conditions which were read
aloud by Chairman Bruno and a copy given to Mr. Petersen.
· Completion of a detailed site plan including a minimum of the following items: all measurements and distances; ingress and egress from property; dumpster location; all parking locations; ADA access; fencing; minimum 5% landscaping finding that detailed site plans reduce the opportunity for misunderstandings and promote high quality growth and development consistent with the goals in the Price City General Plan.
· Completion of a storm water management plan, concurred with by the Price City Engineer, finding that properly controlled and managed storm water runoff prevents flooding and mitigates potential negative impacts on neighboring land uses.
· Completion of a qualified geotechnical study (soil study) for the development site, including information on grading and/or fill at the site finding that development constructed in accordance with geotechnical studies produce high quality long term development within Price City 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 guarantee finding that public infrastructure improvements completed as agreed to within a development agreement promote high quality long term development within Price City consistent with the goals within the Price City General Plan.
· Completion of a PRWID waste water survey and incorporation of any requirements for grease traps and sampling manholes into the development plan finding that protection of high cost public infrastructure is necessary to the viability of the infrastructure and prevents premature deterioration of the infrastructure.
· Provision of evidence of utility connectivity finding that development that is properly served by all utility providers protects the health, safety and welfare of the community.
· Completion of an environmental review statement consistent with Chapter 3 of the Code finding that review, identification and mitigation of any environmental impacts stemming from the development will improve the overall quality of the development and is consistent with the goals in the Price City General Plan.
· Development of building plans and submission of building plans to the Price City Building Inspector and Fire Chief for review finding that properly reviewed and approved building plans promote high quality, long-term, safe construction.
submission of the signage plan to
· Development notices mailed, by certified mail, to all property owners within 500’ of the development site indicating the type of development, any anticipated impacts resulting from development, time-frame for development completion, and contact information for developers and contractors finding that notification of neighboring land uses of development plans reduces the opportunity for misunderstandings and improves development success.
· Placement of a “project pending” sign on the proposed development site, to be returned to Price City upon final approval finding that notification to the community regarding development plans reduces the opportunity for misunderstandings and improves development success.
MOTION. Commissioner Lyon moved to approve concept only for a CUP for Wingers with the listed
conditions. Motion seconded by Commissioner Shook. ACCEPTANCE: The Commission confirmed the
acceptance and understanding of the approval conditions by Kasey Peterson.
VII CONDITIONAL USE PERMIT- BUSINESS RELOCATION-FINAL
Eddie Horvath requested approval for a Conditional Use Permit (CUP) for business relocation
of Diversity to be located at
district. A revised, site plan
proposed land use against the specific criteria listed in the Sexually Oriented Business (SOB) ordinance.
The site plan indicated an area of approximately 62.25 square feet which would be utilized for placement of
adult magazines, which is 4.15% of the floor space of the business based on the scale of the site plan
submitted by the applicant. The SOB ordinance indicates anything over 15% of the floor space will qualify
as a SOB and become subject to the ordinance. Also, actual field measurements indicate that the proposed
revised business location is over 500’ from a public or private school, church, Sunday school, children’s
playground, children’s daycare center, or any other recreational facility that is open and available to
juveniles. Staff recommends final approval for the CUP with the listed conditions, which are primarily
carried over from the prior location. Mr. Horvath stated that he had mistakenly given the wrong address on
CUP application. Instead of 15 East Main, the address should be 11 East
longer sells mice, crickets or any other feeder animals and that he does not have tattooing of genital or other
private body parts. He stated that his piercing room is in a private area with its own door. If the tattooing of
private body parts is added to his business, a private room will be added. Commissioner Shook stated that if
the business changes or makes additions, the Planning and Zoning Commission must be notified. Eddie
stated that the inspectors had already been through the building with the recent remodeling by the building
owner. Nick Tatton suggested calling both the fire and building inspectors for their approval. Mr. Horvath
agreed. Chairman Bruno read aloud the conditions:
· Maintain a petitioned area where adult magazines will be contained, not to exceed the 2.3% of floor space indicated on the site plan; install signage indicating that the petitioned area is restricted to minors and proof of age must be presented to enter the petitioned area; no browsing of adult magazines by minors, finding that a restricted, posted and controlled area for adult magazines will reduce the potential for use by minors and maintain the business in a manner not subject to the SOB ordinance.
· Other items for sale must not include any sexually oriented items and no items that include a sexual theme and are limited to those items indicated in the application for the CUP: body piercing; tattoos; tobacco pipes and accessories, incense; and, body jewelry finding that any other items for sale may necessitate additional conditions of approval.
· All piercing to be done in a private room, as indicated on the site plan, with closeable doors and curtained windows to facilitate privacy finding that some body piercing may involve removal of clothing by the person being pierced.
· Tattoo area to be in designated area only as indicated on the site plan and in a room with closeable doors and curtained windows to facilitate privacy finding that some tattooing may involve removal of clothing by the person being tattooed.
· All business signage to be presented to the Price City Planning Department for approval under the terms of Chapter 4 of the Code prior to installation finding that controlled and regulated signage promotes a consistent community image and addresses the goals within the Price City General Plan.
by the Price City Building Inspector and Price City Fire Chief to establish
location safety, fire safety and compliance with all
· No on-street parking by owners or employees finding that on-street parking contributes to congestion and no on-street parking mitigates safety concerns.
Submission of a
copy of valid health department license and any state licensing to
· No other land uses are permitted, including pets, pet supplies, pet food, feeder animals, finding that the impact of such land uses may not be compatible at the location and additional review and conditions may be necessary.
MOTION. Commissioner Lyon moved to approve the business relocation for Diversity with the listed
conditions. Motion seconded by Commissioner R. Richens and carried. ACCEPTANCE: The Commission
confirmed the acceptance and understanding of the approval conditions by Eddie Horvath.
VIII ALTERNATE MEMBERS-Commissioner Shook moved to strike item VIII. Motion seconded by
Commissioner Lyon and carried.
IX 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
Meeting adjourned at 7:02 p.m. by Chairman Bruno pursuant to the motion by Commissioner Lyon.
APPROVED: _________________________ ATTEST: ________________________
Larry Bruno, Chairman Laurie Tryon, City Recorder