MINUTES OF OCTOBER 6, 2008
Frankie Sacco Nick Tatton, Community Director
Ed Shook Laurie Tryon, City Recorder
EXCUSED: Commissioner Lyon, Commissioner A. Richens and Chairman Bruno
OTHERS PRESENT: Tom Niederhauser, Fred May, Warren Lloyd and Richard Godin
MOTION. Commissioner Shook moved to approve Commissioner Hanna-Smith to serve as Chair Pro-Tempore in the absence of Chairman Larry Bruno. Motion Seconded by Commissioner R. Richens and carried.
I PLEDGE OF ALLEGIANCE
Chairman Pro-Tempore Hanna-Smith led the Pledge of Allegiance
II ROLL CALL
III MINUTES OF SEPTEMBER 8, 2008
Commissioner Shook moved to approve the minutes of September 8, 2008 as presented.
Motion seconded by Commissioner Sacco and carried.
V CONDITIONAL USE PERMIT- NEW BUILDING- CONCEPT ONLY
111 NORTH MAIN STREET (APPROX.) - JB’S RESTAURANT- TOM NIEDERHAUSER,
Tom Niederhauser, Warren Lloyd of Lloyd Architects, and Fred May from JB’s Corporate presented a
request for a Conditional Use Permit (CUP) for the development of a restaurant within the
1 (C-1) zoning district at approximately
address still to be assigned). Physically, the restaurant development will be located
immediately west of the existing Market Express Chevron and Burger King. The project
is only ready for concept approval at this time. Upon completion of additional
development requirements and submissions, the project will be eligible for final approval.
Site plan maps were shown to the Commission to describe traffic flow, parking,
landscaping and circulation. The parking on the south side of the property encroaches
onto UDOT’s property. Mr. Niederhauser stated that he is working with UDOT and has received an
easement. Mr. Lloyd stated that direction signs will be used for easy access and placed by
entry points and that the large pole sign for JB’s will be located on the southwest corner
of the property. He stated that the building will be approximately 5000 square feet with
59 regular parking stalls, a few bus stalls and at least three (3)
assured the Commission that a screen enclosed dumpster with easy access for City
Sanitation would be constructed on the southwest property line. Mr. May stated that the
new construction would start, weather permitting March of 2009 and be completed in approximately
June. Staff suggested that the Commission provide a recommendation of concept
approval only for the project at this time subject to the following conditions:
· Completion of a land subdivision transaction consistent with the minimum lot size indicated in Section 11.1.2 of the Code (3/4 acre);
· Completion of a qualified storm water management plan and incorporation of the findings into the final site plan and development plan and concurrence with the storm water management plan by the Price City Engineer finding that containment and mitigation of storm water runoff and impact reduces potential flooding and impacts on neighboring properties;
· Completion of a qualified geotechnical study and incorporation of the findings into the final site plan and development plan and concurrence with the report by the Price City Engineer finding that development consistent with professional geotechnical reports promotes long-term, high quality and safe environments and buildings within Price City;
· Completion of a final site plan indicating: location of dumpster and dumpster enclosure; surfaced parking meeting minimum parking requirements (one space for each 3.5 seats or 1 space per 200 sq. ft of net usable space ~ Chapter 6 of Code); parking lot lighting; required public improvements; fencing; access and utility easements; landscaping (minimum of 5%); signage; and, other requirements finding that detailed final site plans mitigate misunderstandings relative to development requirements and promote long term, high quality development within the community consistent with the Price City General Plan;
· Environmental review statements completed consistent with Chapter 3 of the Code finding that identification and mitigation of any environmental impacts promotes long-term, high quality development and mitigates any negative environmental impacts resulting from the development and is consistent with the Price City General Plan; submitted and completed
· Notification of owners of record of real property within 300’ by registered mail of the development site regarding development, meeting dates and time-frames for development finding that communication of development plans reduces misinformation and potential misunderstandings within the community; submitted and completed
· Completion of a public infrastructure development agreement with the Price City Public Works Department and submission of the required financial surety for all required public infrastructure development associated with the project finding that agreed and financially secured development of public infrastructure mitigates future costs to the public for repairs and maintenance of infrastructure and guarantees the proper installation and development of the public infrastructure;
· Recorded permanent easement to Price City for access from newly developed road (Gopher Boulevard) to project site for public and emergency services finding that legally recorded easements reduce confusion and promote improved vehicle and pedestrian circulation consistent with the Price City General Plan;
· Submission of final signage plan and review fee to Price City Planning Department for administrative approval finding that properly reviewed and developed signage promotes consistency in the community consistent with the Price City General Plan;
right-of-way encroachment permit for landscaping and public improvements along
· Submission of a minimum of three (3) sets of building plans to the Price City Building Department for approval with the required plan review and building permit fee(s) finding that properly prepared and reviewed building plans mitigate potential negative impacts to the health, safety and welfare of the community;
· Submission of evidence of utility connectivity and service capacity for water, sewer, electric, natural gas finding that proper development of the site is possible only with provision of all utility services. submitted and completed
· Easement with UDOT should be included on the final subdivision plat
MOTION. Commissioner Shook moved to approve the project for JB’s Restaurant and
Tom Niederhauser with concept approval only with completion of stated conditions.
Motion seconded by Commissioner R. Richens and carried. ACCEPTANCE: The
Commission confirmed the acceptance and understanding of the approval conditions by
VI CONDITIONAL USE PERMIT- CONDITIONS AT PROPERTY- FINAL UPDATE
1130 SO. CARBON AVE. - GCR TIRE COMPANY- DICK GODIN, REP.
Dick Gooden presented an update on the conditions at the property of GCR Tire located at 1130 South
Carbon Avenue. Mr. Gooden stated that he had been working diligently on the clean up of the property and
will continue to provide maintenance. He stated that occasionally, tires will be stacked outside when the
store is in the process of selling the tires but that it would be temporary. He said that he had hired Choices
Inc. to take care of the weeds and that they had done a great job. He stated that there will always be storage
containers located on the fence line near fairgrounds road. Mr. Godin said that the containers are empty and
waiting for thirty (30) containers to be collected at a time before the recycling company will pick them up.
He said that the company will not haul the containers until there are 30 minimum. Mr. Godin stated that he
was aware that his business was located near one of the entrances to the City and that he will keep the area
looking good. The item did not require any action by the Commission.
VII CONDITIONAL USE PERMIT- BUSINESS AND SIGN- UPDATE
Dustin Heugly did not attend the meeting. Nick Tatton stated that Mr. Heugly had not made contact
with the City recently or submitted anything for review. He stated that the sixty (60) days the application
was originally tabled for will expire on Oct. 13, 2008. He suggested that the Commission deny the
Conditional Use Permit (CUP) based on a lack of information and order the business to cease and desist
with all items from the business removed by November 13, 2008. MOTION. Commissioner Sacco moved
to deny the CUP request and have everything (equipment, inventory, vehicles, debris related to the
business) removed from the property by November 13, 2008 as submitted by Dustin and Shannon Heugly
for a truck repair business based on an incomplete application and/or enough information necessary to
complete the evaluation and review of the proposed land use. Motion seconded by Commissioner R.
Richens and carried.
VIII UNFINISHED BUSINESS
a. Completion of off street parking requirements by 7-1-09
2. Conditional Use Permit- Additional Info. Requested (10-13-08) - Circle H, LLC.
MOTION. Commissioner R. Richens moved to have item 2 removed from unfinished business. Motion seconded by Commissioner Shook. Motion carried.
Meeting adjourned at 6:36 p.m. by Chairman Pro-Tempore pursuant to a motion by Commissioner Sacco.
APPROVED: _________________________ ATTEST: _________________________
Kathy Hanna-Smith, Laurie Tryon, City Recorder