PRESENT:           Commissioners:                                   Laurie Tryon, City Recorder

                                Larry Bruno                                          Nick Tatton, Community Director

                                Robert Richens

Edwin Shook

Frankie Sacco

Jeff Nielson

Gary Lyon


EXCUSED: Commissioner Alfred Richens

OTHERS PRESENT: Dave and Shaunna Obrien, Jeanne and Grady McEvoy, Kathy Hanna-Smith, Julia Tatton, Rick Krompel, Ray Bertoldi, Steve and Pam Cha, Jim Shorts and Archie Hamilton



                Chairman Larry Bruno led the Pledge of Allegiance


Commissioner Bruno welcomed Robert Richens as a new member of the Planning and Zoning Commission and indicated the confirmation of the appointment by the Price City Council. Mr. Richens was given the Oath of Office by City Recorder, Laurie Tryon


II             ROLL CALL


III           MINUTES OF SEPTEMBER 10, 2007

A favorable motion to approve the minutes of September 10, 2007 as read was made by Commissioner Lyon. Commissioner Shook seconded the motion. Motion carried.




Julia Tatton requested a Conditional Use Permit (CUP) for Encore Dance Studio, a dance instruction and training business to be re-located to 90 South 100 West.  The business is permitable by CUP under Section 12.3, of the Price City Land Use Management and Development Code. Mrs. Tatton was reminded of the requirement for no on street parking. The signage plan presented conforms to the requirements of Chapter 4 of the Code. Staff recommends approval for this CUP. MOTION. Commissioner Shook moved for final approval for the Conditional Use Permit Amendment for Encore Dance Studio. Motion seconded by Commissioner Lyon and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Julia Tatton.




MOTION. Commissioner Nielson moved to table the item per the owner’s request. The item will be placed on the agenda for the October 9, 2007 meeting. Motion seconded by Commissioner Sacco and carried.




Rick Krompel requested a Conditional Use Permit (CUP) regarding a proposed development for a storage and service building to be placed on the recently vacated Bonnie J. Subdivision at 800 East 100 South. Mr. Krompel stated that the building and property will only be used for CJ’s storage at this time. There will only be one garbage dumpster used between the storage facility and CJ’s. Mr. Krompel agreed to add a sight obscuring fence around the area and an access easement extending from 700 East to approximately 850 East at the end of the proposed amendment for emergency vehicles. The Commission agreed to let Mr. Krompel begin the concrete work before the weather changes. The proposed service building is available within the CD zoning district and permitable under Section 12.3 of the Price City Land Use Management & Development Code, and referencing Sections (lumber yard use); (general construction company); and, (hotel) of the Code.  A review of the proposed use also indicates the development will be subject to the storage facilities requirements indicated in Section of the Code. It is the recommendation of staff to provide the project with concept and preliminary approval only based on the following considerations:

·         All development setbacks must conform to the minimum listed in Section of the Code;

·         Minimum 5% landscaping requirement must be met and additional landscaping for sight and sound barrier be placed between development and residential uses to the west;

·         Completion of aesthetic improvements and mitigations to residential impact on access lane from 700 East Street including paved access across the public right-of-way with curb and gutter to be installed;

·         Sight obscuring material (slats) be placed in the proposed 6’ chain fence to the west, additional fencing and sight obscuring material to be placed on south property boundary for 150’;

·         Yard and security lighting to be installed, angled away from residential uses to the west of the development;

·         Concurrence of the Price City Engineer relative to the storm water drainage plan, including any mitigation requirements regarding Meads Wash and the floodplain;

·         Submission of building and foundation design plans to the Price City Building Department for review and procurement of a Price City Building Permit for construction of foundation and footers at preliminary approval and further procurement of another building permit for the building superstructure.

·         Completion of final site plan incorporating any conditions prior to final approval.

·         Hard surfacing of all outdoor parking and storage areas approved, hard surfacing of driveway/approach to service building;

·         Comments from the Price City Fire Chief regarding fire suppression and access to the site.

·         Limit the approval project to the east boundary of the proposed building. Additional development at the site will require additional review

·         Indicate all utility connection and detail on final site plan.

MOTION. Commissioner Nielson moved to provide a positive recommendation for concept and preliminary approval only for Rick Krompel, CJ’s Storage and Service Building, 800 East 100 South consistent with the provisions and references of Section 12.3 of the Price City Land Use Management & Development Code and subject to the conditions indicated. Motion Seconded by Commissioner Lyon and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Rick Krompel.




Ray Bertoldi requested final approval for a Conditional Use Permit (CUP) for the Notre Dame Church Multi-Purpose Building to be located at 185 North Carbon Avenue. The building will be located on the southwest corner of Carbon Avenue and 200 North Street, diagonal from the Notre Dame Church building. The assigned address for the project is 185 North Carbon Avenue. The project is situated within the MR-7 zoning district and is available by CUP under Section 10.3.4 of the Price City Land Use Management and Development Code. It is the recommendation of staff to provide final approval for the project based on the following contingencies and conditions. Prior project requirements including drainage review, utility connectivity, soil study and parking agreement have been completed. Mr. Steve Cha representing the Elks Lodge informed the Commission of the relationship and Memorandum of Understanding the Elks Lodge has with the Catholic Church. Each year on April 1st, the standing parking agreement is renewed. Mr. Cha stated that as long as the lodge exists, the agreement will be renewed and that there are no present plans to sell the building. Plans for the development will address all parking issues with on site and off site that are available now and in the future. The project developer cannot guarantee that people won’t park on the street but will not add off street parking into the calculations for parking spaces. Commissioner Nielson’s concerns are with the parking if the Elks Lodge were to change owners. Notre Dame has parking behind the current church, parking with the new building and a future plan of space where the office buildings are next to the Elks parking lot if necessary. Mr. Dave O’Brien is in contract with the Elks for parking as well. If Elks is sold then parking will affect the Heirloom Inn and other surrounding businesses. He would like to see more research done on the parking issues in the area by private businesses and users. The parking for now is sufficient and issues that may arise in the future will be dealt with at the time. Majority of time that this building will be being would be for special events, holidays, and funerals and on Tuesday evenings to pick up and drop off children. The Commission required that the Church continue to obtain more parking as it became available. MOTION. Commissioner Nielson moved to approve the final for the Notre Dame Church Multi-purpose Building with the following contingencies:  

·         No authorized on-street parking. All approved event parking to remain within the off-street parking at the project location and that made available via the Memorandum of Understanding (MOU) completed with the Price Elks Lodge #1150, dated 8-3-07 or similar agreement with other adjacent provider;

·         Setting of driveway widths as presented in the site plan, 50’ width on 200 North and 42 feet on Carbon Avenue, with no curbing encroachment beyond the property line on Carbon Avenue;

·         Obtainment of a variance from the Price City Board of Adjustment (BOA) prior to final approval of site plan relative to north boundary setback (need zero (0) ft. setback from the sidewalk line; code requirement is 6 ft. minimum).

Motion seconded by Commissioner Robert Richens with conditions as written and submission  revised drainage plan to be concurred with by the Price City Engineer. Motion carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Ray Bertoldi, representing Notre Dame Church.




Jim Shorts requested an amendment to his existing Conditional Use Permit (CUP) for expansion of his office space located at 95 North 100 East. The expansion will incorporate the building to the immediate west of the existing office. Mr. Shorts plans to construct real estate agent offices in the space, which is an extension of the existing land use.  Mr. Shorts still needs to pay the CUP amendment fee of $60.00; any approval should be contingent upon his payment of the required fee. A staff review of the general criteria for the CUP issuance (amendment) evaluated the compliance of the proposed amended land use and found that:  (1) it is available under Section 12.3 and referencing Section of the Price City Land Use Management and Development Code; (2) the proposed amendment will not impact the harmonious relationships within the zone or neighborhood. Staff recommends approval with the following requirements:

    1. Procurement of a building permit from the Price City building department relative to any building renovations/construction.
    2. No on street parking permitted consistent with Chapter 6 of the Code, minimum of one off street parking space for each 300 sq feet of building area (6.4.2);
    3. Paved off street parking area on west side of building within 12 months of date of approval finding that paved parking is required by Code and will mitigate safety and flooding hazards; along side angle parking can be implemented within 24 months time allotment- gravel now- time allotment begins from approval date tonight
    4. Completion of required 5% landscaping on additional property consistent with Code requirements finding that landscaping promotes the community beautification goals of the Price City General Plan;
    5. Completion of building façade restoration and improvements finding that the property is located on a major community gateway street and improved building appearance will promote community beautification and maintain property value consistent with the Price City General Plan goals and downtown program activities;
    6. Submission of any additional sign plans to the Price City Zoning Administrator for administrative review and approval.

MOTION. Commissioner Lyon moved to approve the CUP Amendment Final for Bridge Realty subject to the stated conditions. Motion Seconded by Commissioner Nielson and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Jim Shorts.



                447 E. 100 SO. - SERVICE BUILDING-JIM SHORTS, REALTOR

Jim Shorts requested final approval of the proposed service building located at 447 E 100 S, within the CD zoning district.  Previously at concept and preliminary approval, the Planning Commission requested the following items prior to final approval:

a.     Access easement or confirmation of decline of easement – this has been completed;

b.     Fencing completed on west and added to north property boundary – this has been indicated on the final site plan;

c.     Hard surfacing of driveway and approach to building – this has been indicated on the final site plan;

d.     5% landscaping – this is not indicated on the final site plan.  Should be included in any final approval recommendation. Mr. Shorts agreed to include landscaping in excess of the 5% minimum requirement.

e.     Completion of environmental comments – this has been completed.

f.     Storm water management plan concurred with by city engineer – this has been completed.

g.     Completion of soil study – will be completed on Wednesday, September  26th, 2007.

h.     Contact PRWID – this has been completed – a sampling manhole will be only be required if the use, ownership or occupancy changes.

i.      Signage plan – the application indicates no signs will be used.

k.     Payment of $185.00 fee;

Mr. Shorts stated that the City Engineer has reviewed the drainage for the property and that the owners could drain everything to one side to one basin. Driveway will be hard surface agreed by owners. The land use requested by Mr. Shorts is available in the CD zoning district relative to Section 12.3 of the Code and referencing Section of the Code (enclosed storage) and 11.5.5 of the Code for establishment of building setbacks.  Staff review indicates the proposed CUP is in compliance with the general criteria set for the CD zoning district as indicated in Section 12.1 of the Code.  The recommended conditions of approval also take into consideration the surrounding residential uses that are present in the CD district. Inasmuch as no commercial activity is reported to take place at the site, no mitigating conditions relative to adjacent residential uses are recommended. When the soil study is complete, the concrete work can begin as approved by the Commission. MOTION. Commissioner Lyon moved to approve the CUP Final for the service building. Motion seconded by Commissioner Robert Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Jim Shorts.



                1.  Pinnacle Canyon Academy:

                        a. Building Inspection walk through and recommendations by 9-1-07-reported done 9/24/07

                        b. All plat revisions, public right-of-way dedications, improvement design completed by


                        c. Completion of development agreement requirements by 7-1-08

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

                2. Tom Richardson – Single Wide Trailer – 11-20-07       

                3. Imagination Station- Traci Udink -1-1-08 (fence & debris by 9/12/07)


The Commission reviewed and discussed the unfinished business items and expected completion dates. Castle Country Fencing will be contacted for a possible return to Planning and Zoning for another Conditional Use Permit review.


Commissioner Lyon motioned to adjourn the meeting at 7:10 p.m.


APPROVED______________________________ Larry Bruno, Chairman



ATTEST_________________________________ Laurie Tryon, City Recorder