MINUTES OF
OCTOBER 6, 2008
PRESENT: Commissioners:
Frankie Sacco Nick Tatton, Community Director
Ed Shook Laurie
Tryon, City Recorder
Kathy Hanna-Smith
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.
IV PUBLIC
V CONDITIONAL USE PERMIT- NEW
BUILDING- CONCEPT ONLY
111 NORTH MAIN STREET (APPROX.)
- JB’S RESTAURANT- TOM NIEDERHAUSER,
OWNER
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
Commercial
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;
·
Obtain UDOT
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
Tom Niederhauser.
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
1.
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
Chairman Pro-Tempore