MINUTES OF OCTOBER 9, 2007
Larry Bruno, Commissioner Alfred Richens and Commissioner
OTHERS PRESENT: Brent Hadfield , Archie Hamilton, Michael Marx, Kathy Hanna-Smith, Cassi and Bryan Noyes, Grady and Jeanne McEvoy, Christy Nelson, Rick Krompel, Paula Wells, Mr. & Mrs. Mike Milovich, James Cordova, Justin Orth, Kathy Chatterton, Robert and Amy Marx, Mary Marx, Stephen Ludlow, Peggy Basso, John and Carmel Gallegos
I PLEDGE OF ALLEGIANCE
Commissioner Nielson led the Pledge of Allegiance
MOTION. Commissioner Shook moved for Commissioner Nielson to serve as Chairman Pro-tempore in the absence of Chairman Bruno. Motion seconded by Commissioner Richens and carried.
II ROLL CALL
III MINUTES OF SEPTEMBER 24, 2007
A favorable motion to approve the minutes of September 24, 2007 as read was made by Commissioner Shook. Commissioner Sacco seconded the motion. Motion carried.
IV PUBLIC HEARING TO RECEIVE INPUT ON A PETITION TO VACATE THE STREET
MOTION. Commissioner Shook moved to open the public hearing
at 6:09 p.m. to receive input on a petition to vacate the street right-of-way
V PETITION FOR VACATION OF A CITY STREET- RICK KROMPEL, OWNER
SOUTH-EAST OF 700 EAST
MOTION. Commissioner Richens moved to recommend positively that Price City Council vacate the street right-of-way for the stub street of 100 South Street, east of 700 East Street pursuant to the provisions of Chapter 7 of the Price City Land Use Management & Development Code and having considered any public input received prior to or at the public hearing held on 10-9-07 at 6:00 pm. and to include a water and sewer easement maintained as requested by Public Works Department. Motion seconded by Commissioner Shook and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Rick Krompel.
VI HOME OCCUPIED BUSINESS- BUSINESS-FINAL
871 NORTH 300 EAST-CASSI’S CUTS-CASSI NOYES, OWNER
Cassi Noyes presented a request for a Home Occupied Business (HOB) in her home located at 871 North 300 East. The home is situated within the SF-8 Zoning District. The HOB is available in the Code under Section 10.3.4. Mrs. Noyes has collected positive signatures from the neighbors within 250’ of the residence as required by the code. Mrs. Noyes indicates in her application that she will only be serving a limited clientele of friends and family. A review of the general criteria for the zoning district indicates that the proposed HOB will not inhibit the districts’ character of “…medium to low density, single family residential neighborhoods where low and medium costs of development may occur”. Special criteria outlined in Section 1.13.90 are considered. It is the recommendation of staff to provide a recommendation for final approval of the HOB land use to the Price City Council. MOTION. Commissioner Sacco moved to approve a final for Cassi’s Cuts, contingent upon the following conditions:
Motion Seconded by Commissioner Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Cassi Noyes.
VII CONDITIONAL USE PERMIT-BUSINESS AND SIGN-FINAL
360 NORTH 400 EAST-J & C MARKETING AND TRAINING CENTER-JEREMY SACCOMANNO
MOTION. Commissioner Shook moved to table item VII and place the item on the 10/22/07 Planning and Zoning agenda as no one was available for the request. Motion seconded by Commissioner Richens and carried.
VIII CONDITIONAL USE PERMIT-BUSINESS AND SIGN-FINAL
Nick Tatton presented this Conditional Use Permit
(CUP) application for Castle Country Candles.
Kathleen Palmer will be locating the retail store for the business at
· Submission of final signage plan to the Price City Zoning Administrator for compliance review and administrative approval prior to placement of business sign as indicated in Chapter 4 of the Code.
Motion seconded by Commissioner Sacco and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Kathleen Palmer as reported by Nick Tatton.
IX CONDITIONAL USE PERMIT-MSHA BUILDING-FINAL
1365 SOUTH CARBON AVE. #3- STEPHEN
Ludlow presented a request for a Conditional Use Permit (CUP) for a new MSHA
office development at
1. 24 X 36 site plan sheet needed – this has been completed;
2. Dedications and easements for the road – will be completed before receiving a building permit
3. Project elevations - this has been completed;
4. Plan and profile sheets for street elevations - has been submitted
5. Install water line in street and fire hydrant – this has been completed;
6. Flood control drainage plan; temporary detention basin planned -has been submitted
7. Install 2 street lights; corners staked with capped rebar – this has been completed;
8. PRWID sewer survey –waiting for final approval- have been submitted
9. Design to meet or exceed
10. Geotechnical study – this has been completed and submitted;
11. Detail on water meter size and connection – has been submitted
12. Electrical load sheet submitted - already on the plans has been submitted
13. Complete development agreement and provide surety guarantee –being prepared by Gary Sonntag- will execute
14. Redesign driveways to meet APWA standard for
The proposed building development is situated within the GC, general commercial district and is a permitted use under section 126.96.36.199 (administration office services) of the Price City Land Use Management and Development Code. A review of the general criteria within the GC zoning district indicates that the proposed building: (1) is within an area appropriate for the location of business, retail commerce, entertainment…activities may be established, maintained and protected; (2) is a suitable environment for the….use which is vital to economic life, but some of which may be disruptive in a shopping center type of commercial development. No specific criteria are listed within the Code relative to this type of development. Occupancy date anticipated March of 2008. MOTION. Commissioner Shook moved to approve a final for the MSHA building development as presented by Mr. Stephen Ludlow with the stated contingencies listed above to be completed and that prior to the start of construction the following items be completed: 1) sign the development agreement and submit a surety guarantee; 2) provide a legal description for the road dedication and public utility easement; 3) provide a signed road dedication deed and signed easement agreement; 4) complete PRWID sewer connection requirement. Motion seconded by Commissioner Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Stephen Ludlow.
X CONDITIONAL USE PERMIT- SITE PLAN AMENDMENT-FINAL
E. 100 S. -JIM SHORTS/ARCHIE
Archie Hamilton presented this request. Nick Tatton stated that a couple of matters have surfaced post final approval on the above referenced project.
It is the recommendation of staff to approve the amended site plan with the above information and to further amend the approved site plan to include the condition of the north property line fence and that both sides of the property be fenced (sight obscuring). No other development matters are impacted.
MOTION. Commissioner Sacco moved to recommend final approval for the amended site plan for the service building located at 447 East 100 South with Jim Shorts indicating the adjustment as indicated on the revised site plan and to require a 6’ sight obscuring fence be installed on the north side of the development and on both the west and east sides of the development running from the north to a minimum of the building line on the south finding that the fence will delineate the property boundaries and provide for security of private property in the vicinity. Motion seconded by Commissioner Richens and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Archie Hamilton.
XI CONDITIONAL USE PERMIT-SHERIFF INTAKE BUILDING-FINAL-DAVE
Kathy Chatterton and Sheriff James Cordova presented a
request for final approval on the
XII CONDITIONAL USE PERMIT-MARX BODY AND PAINT-REVIEW
A citizen complaint from John Gallegos regarding Marx Body and Paint was brought to the last
Council meeting (9/26/07). The City Council recommended that the issue be
taken before the Planning and Zoning Commission for compliance of Marx Body and
Paint’s Conditional Use Permit (CUP). The CUP was amended in 2005 for a change
of business use and parking lot expansion.
At that time, the CUP stated that the space directly behind (north) of the
building to be asphalted for sale of Uhaul trailers
and extended use of the property. Mr. Marx was given 18 months to complete the
project. Mr. Gallegos requested the conditions of the CUP be met and the lot
asphalted in order to keep weeds, mud and dust down behind the building. His
home is three homes down from the business and felt that the lot had become an
eyesore. He also wanted to see the dumpster moved to the other side of the lot
and the Uhaul trailers parked so that they are not
hanging out into the roadway. Mr. Marx would have liked to have the asphalt in
by now, but has recently completed the asphalt on the front parking lot that
faces the entrance to the City and does not have the financial means to
complete the back section at this time.
Mr. Marx stated that there are many other
was not present at the meeting as per the written request of
XIV DRAFT ANNEXATION POLICY PLAN AMENDMENT
A public hearing will be
held next month on this issue. A copy of the Annexation Policy Plan Amendment
DRAFT was given to all Planning and Zoning Commissioners for review. Mr. Mike Milovich, Carbon County Commissioner was present at the
meeting to view his concerns. He will return to the public hearing for comment.
Mr. Milovich reminded
XV UNFINISHED BUSINESS
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
Paula Wells, representative
2. Tom Richardson – Single Wide Trailer – 11-20-07
3. Imagination Station- Traci Udink -1-1-08 (fence & debris by 9/12/07)
Commissioner Sacco moved to adjourn the meeting at 7:45 p.m.
APPROVED______________________________ Jeff Nielson, Chairman Pro-tempore
ATTEST_________________________________ Laurie Tryon, City Recorder