PRICE CITY PLANNING AND ZONING MEETING

MINUTES OF JULY 14, 2008

 

PRESENT:           Commissioners:                                  

                                Larry Bruno, Chairman                     Nick Tatton, Community Director

                                Gary Lyon                                            Laurie Tryon, City Recorder                            

                Robert Richens   

                Ed Shook

                Kathy Hanna-Smith

                Frankie Sacco

 

EXCUSED: Commissioner Alfred Richens

                OTHERS PRESENT: Bryan Gazell, Spencer Loveless, Steven Prince, Angelo Kiahtipes, Jack Wright and

              Deanna Hunsaker

 

I              PLEDGE OF ALLEGIANCE

                Chairman Bruno led the Pledge of Allegiance

 

II             ROLL CALL

 

III           MINUTES OF JUNE 23, 2008

              Commissioner Lyon moved to approve the minutes of June 23, 2008 as presented. Motion

              seconded by Commissioner R. Richens and carried.

 

IV           PUBLIC COMMENT ON AGENDA ITEMS- No public comment presented

               

V             PUBLIC HEARING- TO RECEIVE PUBLIC INPUT ON A 3 LOT SUBDIVISION AT

              APPROXIMATELY 825 NORTH 100 EAST- SPENCER LOVELESS, OWNER

                MOTION. Commissioner Hanna-Smith moved to open the public hearing at 6:01 p.m. Motion seconded

              by Commissioner Shook and carried. No public input was received. MOTION. Commissioner Shook

              moved to close the public hearing at 6:02 p.m. Motion seconded by Commissioner Hanna-Smith and

              carried.

 

VI           CONDITIONAL USE PERMIT- 3-LOT SUBDIVISION-FINAL

                APPROXIMATELY 825 NORTH 100 EAST- SPENCER LOVELESS, OWNER

                Spencer Loveless requested a Conditional Use Permit (CUP) for a minor 3-lot subdivision located at

              approximately 825 North 100 East. Mr. Loveless is the owner of all three properties and will either sell the

              properties or fix them up. The subdivision meets with the minimum lot size for the zoning district, however

              several legal non-complying conditions that presently exist will continue to exist. Mr. Loveless has

              previously been provided with verification that no additional easements or variances are necessary. The

              Planning Commission, upon review of the proposed subdivision plat, specifically approved lots #1 and #3

              with 50 foot frontages in a legal non-complying condition since the legal non-complying condition

              effectively exists currently and the entire parcel is considered legal non-complying. No additional non-

              complying attributes will be present on the property now or once subdivided into the 3 lots. Chairman

              Bruno read aloud the conditions for the 3-lot  subdivision. Staff recommends approval with the stated

              conditions.  

·         Completion of final review of the proposed subdivision plat by the Price City Engineer and the Carbon County Recorder, and incorporating any recommendations into the final mylar subdivision plat for recording, finding that review by the city engineer and county recorder mitigates potential errors in official property records.

·         Preparation of a final subdivision plat in mylar or other acceptable format with required signature boxes, obtainment of required signatures, and recording of final plat with the Carbon County Recorder within 90 days of approval finding that proper map preparation and timely recording of official property records mitigates the potential for errors.

                MOTION. Commissioner Lyon moved to approve the 3-lot subdivision with the stated conditions. Motion

              Seconded by Commissioner R. Richens and carried. ACCEPTANCE: The Commission confirmed the

              acceptance and understanding of the approval conditions by Spencer Loveless.

 

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

                807 PINEWOOD CIRCLE- GORDON CREEK, LL.C-STEVEN PRINCE, OWNER

                Steven Prince requested a Home Occupied Business (HOB) Office Use Only (OUO) permit for a natural

              gas exploration office business to be located in his home at 807 Pinewood Circle called Gordon Creek,

              LLC. The HOB OUO will be situated within the Residential 1-8 (R1-8) zoning district. It is the

              recommendation of staff to provide final approval to the City Council for the business as

              indicated below. Chairman Bruno read aloud the conditions to Mr. Prince. MOTION. Commissioner

              Hanna-Smith moved to approve the permit for Steven Prince. Motion seconded by Commissioner Shook

              and carried.

·         No employees other than immediate family;

·         No unusual traffic is permitted;

·         No parking except customary automobiles, etc.;

·         No parking lots beyond the driveway;

·         All parking to be accommodated on site;

·         No unusual waste, debris, residential or otherwise to be generated;

·         No unusual electronic interference;

·         No dust, smoke, odors, or discharges to be generated;

·         Maintain all applicable local, state requirements.

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

               by Steven Prince.

 

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

                59 WEST 200 NORTH- BUCK FEVER TRUCKING CO., LLC.-JOSHUA HUNSAKER, OWNER

                Deana Hunsaker represented her husband Joshua Hunsaker in a request for a Home Occupied Business

              Permit (HOB) Office Use Only (OUO) water hauling & trucking business to be located in his home at

              59 West 200 North called Buck Fever Trucking Co., LLC.  The HOB OUO will be situated within the

              Residential 2-7 (R2-7) zoning district. It is the recommendation of staff to provide final approval. Chairman

              Bruno read aloud the conditions of a HOB OUO and emphasized that no trucks are permitted to be located

              at the home. MOTION. Commissioner Shook moved to approve the permit for Buck Fever Trucking with

              conditions as listed below. Motion seconded by Commissioner Lyon and carried. ACCEPTANCE: The

              Commission confirmed the acceptance and understanding of the approval conditions by Joshua Hunsaker.

·         No employees other than immediate family;

·         No unusual traffic is permitted;

·         No parking except customary automobiles, etc.;

·         No parking lots beyond the driveway;

·         All parking to be accommodated on site;

·         No unusual waste, debris, residential or otherwise to be generated;

·         No unusual electronic interference;

·         No dust, smoke, odors, or discharges to be generated;

·         Maintain all applicable local, state requirements including valid drivers license;

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

              conditions by Joshua Hunsaker.

 

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

                115 E HILLCREST DRIVE- BRYAN’S HANDYMAN SERVICE-BRYAN GAZELL, OWNER

                Bryan Gazell requested a Home Occupied Business Permit (HOB) Office Use Only (OUO) for a handyman

              business to be located in his home at 115 E Hillcrest Drive called Bryan’s Handyman Service. The HOB

              OUO will be situated within the Residential 1-8 (R1-8) zoning district. It is the recommendation of staff to

              provide final approval. Chairman Bruno read aloud the conditions for a home occupied business.

                MOTION. Commissioner Hanna-Smith moved to approve the HOB OUO permit for Bryan Gazell. Motion

              seconded by Commissioner R. Richens and carried. 

·         No employees other than immediate family;

·         No unusual traffic is permitted;

·         No parking except customary automobiles, etc.;

·         No parking lots beyond the driveway;

·         All parking to be accommodated on site;

·         No unusual waste, debris, residential or otherwise to be generated;

·         No unusual electronic interference;

·         No dust, smoke, odors, or discharges to be generated;

·         Maintain all applicable local, state requirements;

·         Valid State of Utah Handyman License maintained at all times and no work to be completed outside of the license guidelines, copy of license to be provided to Price City within 30 days finding that properly licensed businesses protect the businesses and residents from unscrupulous business practices;

·         Inspection of any tool storage in the accessory building by the Price City Fire Chief and Building Inspector for safety finding that protection of public safety is a primary concern of Price City.

        ACCEPTANCE: The Commission confirmed the acceptance and understanding of the approval conditions               by Bryan Gazell.

 

X             CONDITIONAL USE PERMIT- MOTEL DEVELOPMENT- CONCEPT ONLY

                APPROX. 200 NORTH MAIN- LA QUINTA MOTEL- ANGELO KIAHTIPES AND JACK       WRIGHT

                Angelo Kiahtipes in partnership with Jack Wright requested a Conditional Use Permit (CUP) concept

              approval for a development of a 78 room motel (three story) in west Price, branded LaQuinta.  An actual

              property address has not been assigned. The hotel will approximately be started in September of 2008. Staff

              recommended concept approval subject to the conditions of approval indicated. Chairman Bruno read aloud

              the conditions.

·         Completion of a final site plan indicating all required public infrastructure, utility connections, 5% minimum landscaping, fencing, etc. finding that comprehensive site plans reduce the probability for misunderstandings and also promote high quality long-term development within the community consistent with the goals in the Price City General Plan.

·         Submission of evidence (developer statement or letters from providers) of utility connectivity for all utility services to include water, sewer, electric (specifically also need an electrical load sheet), gas, telephone finding that developments adequately served by utility services protect the health, safety and welfare of the community.

·         Completion of an environmental review of the development site and submission of a review report to Price City including any mitigation plans necessary consistent with Code requirements finding that review of environmental considerations and development of mitigation plans for any issues identified in the review protect health, safety and welfare as well as reduce potential negative impact on the physical environment.

·         Completion of a Price River Water Improvement District (PRWID) waste water survey and compliance with any development requirements stemming from the survey including installation of a sampling manhole finding that properly evaluated and planned waste water collection protects high cost public infrastructure and extends the life of the public infrastructure.

·         Completion of 80 ft. right of way road development to minimum Price City standards and in concurrence with any recommendations for construction found in a qualified geotechnical report finding that properly developed, planned and constructed roadways and public infrastructure remain in service to the pubic for many years and is consistent with the goals in the Price City General Plan.

·         Completion and submission of planning, design and engineering documents relating to piping of the “Koss Ditch” and all related easements finding that properly controlled ditch areas, including proper easements, mitigate impact to the ditch system, promote development and reduce occurrence of right of way misunderstandings.

·         Completion of an on site storm water management plan for the development and approval of the storm water management plan by the Price City Engineer finding that properly controlled, collected and released storm water from the development site reduces potential flooding on neighboring land uses and reduces impact on the public storm water system(s).

·         Completion of a development agreement and submission of the required public infrastructure financial surety guarantee finding that guaranteed public improvements identified in a development agreement promote high quality long term growth in the community consistent with the goals in the Price City General Plan.

·         Submission of a minimum of three (3) sets complete construction plans with structural calculations to the Price City building department finding that properly reviewed/evaluated building plans promote long term high quality development that protects the health, safety and welfare of the community.

·         Completion of, or application for, the actual land subdivision to permit sale of the property where the development will occur finding that properly subdivided and recorded lots reduce opportunity for misunderstandings and promotes clear and concise property transactions in the community.

·         Application by letter to the Price City Variance Committee, as authorized in Chapter 2 of the Code, for review and possible variance(s) for height, setbacks, etc. that may be necessary to accommodate the development, as applied for, in the C-1 zoning district finding that development issues outside of those established or identified in the Code may require a variance decision to be completed as planned.

·         Notification of all property owners of record within 500’ of the development site, by certified/registered mail, that development is occurring on the property, the nature of the development and the time frame the development will occur within as well as contact numbers for owners and developers finding that dissemination of development information within the general areas that development is occurring reduces misunderstandings and promotes improved cooperation among adjoining property owners.

·         Placement of a “project pending” sign on the property until final approval is received finding that informing the community of pending development and providing contact information reduces misinformation and promotes improved development processes and planning.

                MOTION. Commissioner Hanna-Smith moved to approve concept approval only for the motel

              development for Angelo Kiahtipes and Jack Wright. Motion seconded by Commissioner Shook and carried.

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

              by Angelo Kiahtipes and Jack Wright.

 

XI           PRICE CITY PLANNING AND ZONING PERMIT FEE SCHEDULE- UPDATE REVISION   

                The Commission received a copy of the updated permit fee schedule as approved by the City Council for

               information purposes.

 

XII         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

 

XIII        CONDITIONAL USE PERMIT- TEMPORARY SALES OFFICE- FINAL

                AMERICAN DREAM SUBDIVISION- MORRIS FLAGLER

                Nick Tatton represented Morris Flagler of the Parklane Townhomes American Dream Subdivision

              development that is requesting an addition to the previously approved subdivision and development

              Conditional Use Permit (CUP).  To accommodate the sales of the townhomes in the development a

              temporary sales office needs to be placed at the development site.  The new Price City Land Use

              Management and Development Code (Code) allows this land use, and potentially, the addition to the

              existing CUP.  Section 10.3.1.5 of the Code indicates, “Temporary buildings…..for uses incidental to

              construction work….[and]….other such temporary uses found appropriate to the Planning Commission and

              approved by the Governing Body.” Staff recommends approval with conditions that were ready aloud by

              Chairman Bruno.

·         Procurement of a valid Price City building permit and connection of temporary utility services to the sales office finding that properly connected temporary utility services protect the health, safety and welfare of the community.

·         Placement of the temporary sales office on the site in such a manner so as not to negatively impact pedestrian or traffic safety finding that community safety is a priority.

                MOTION. Commissioner Shook moved to approve a temporary sales office for a maximum time of 24

              months for the American Dream Subdivision. Motion seconded by Commissioner Lyon and carried.

 

                Commissioner Sacco- abstained

 

IVX        CONDITIONAL USE PERMIT- TEMPORARY HOUSE PLACEMENT AND REVISED FLORENCE

                SUBDIVISION PLAN- 1300 E. 800 N. (APPROX.)

 

                 The Planning and Zoning Commission forwards a recommendation to the City Council for staff to contact

               the owners of the Florence Subdivision to clean up the area of debris, vehicles and unset homes or have the

               Conditional Use Permit revoked for non-compliance. MOTION. Commissioner R. Richens moved to

               approve the recommendation. Motion seconded by Commissioner Sacco. Motion carried.

 

                The Planning Commissioners would like staff to contact the following businesses regarding project

               completion or property clean up.

·         Auto Alley- No business license or conditional use permit property cleanup

·         Adams Motor- Conditional Use Permit- Amendment guidelines

·         CJ’s Storage- Completion of landscaping and container removal

 

Meeting adjourned at 6:25 p.m. by Chairman Bruno pursuant to the motion by Commissioner Lyon.

 

 

APPROVED: _________________________                  ATTEST: ________________________

                       Larry Bruno, Chairman                                                      Laurie Tryon, City Recorder