MINUTES OF OCTOBER 22, 2007
EXCUSED: Chairman Bruno, Commissioner Alfred Richens
OTHERS PRESENT: Kathy Hanna-Smith, Jeremy Saccomanno, Chris Belliston, Rick Krompel, John Gallegos, Brent Hadfield and Jeanne McEvoy
I PLEDGE OF ALLEGIANCE
Commissioner Lyon led the Pledge of Allegiance
MOTION. Commissioner Shook moved for Commissioner Lyon to serve as Chairman Pro-tempore in the absence of Chairman Bruno. Motion seconded by Commissioner Nielson and carried.
II ROLL CALL
III MINUTES OF OCTOBER 9, 2007
A favorable motion to approve the minutes of October 9, 2007 as amended was made by Commissioner Nielson. Commissioner Robert Richens seconded the motion. Motion carried.
Minutes from draft amended per the following changes:
Item VI- Cassi’s Cuts- line 4, “Mrs. Noyes indicates in her application that she will only be serving a limited clientele of friends and family.” Commissioner Nielson would like the sentence removed as he stated at the meeting that the stipulation would not apply and Mrs. Noyes could provide salon services to others outside of her immediate family.
Item XII, Marx Body & Paint-line 27, “property used for business and sales” should read, “property used for private and public parking lot”
IV CONDITIONAL USE PERMIT-BUSINESS AND SIGN-FINAL
360 NORTH 400 EAST-J & C MARKETING AND TRAINING CENTER-JEREMY SACCOMANNO, MICKEY SACCOMANNO AND CHRIS BELLISTON
Belliston requested a Conditional Use Permit (CUP)
application for J&C Marketing and
V CONDITIONAL USE PERMIT-PROPOSED STORAGE DEVELOPMENT-FINAL
800 EAST 100 SOUTH-CJ’S STORAGE-RICK KROMPEL, OWNER
Rick Krompel presented an application, final, 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. 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 220.127.116.11 (lumber yard use); 18.104.22.168 (general construction company); and, 22.214.171.124.1 (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 126.96.36.199 of the Code. A review of the general criteria for the zone (CD) and land use (General Construction Company & Storage & Hotel) indicate that the proposed land use is “…in an appropriate location for high intensity public, quasi public, commercial,…..uses which may center in harmonious relationships based on planned development for mutual benefit.” Additionally, the specific criteria for a CUP reference the Chapter 11 uses that are permitted and conditional for approval. It is the recommendation of staff to provide the project with final approval based on the following project and development considerations:
· All development setbacks must conform to the minimum listed in Section 188.8.131.52 (storage facility) of the Code finding that the minimum setbacks will mitigate encroachment on neighboring residential uses;
· 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 finding that the additional sight and sound barrier will mitigate potential negative visual and sound impacts on neighboring residential uses;
· Completion of aesthetic improvements and mitigations to residential impact on access lane from 700 East finding that improvement (surfacing) of the lane and installation of perpetually maintained landscaping will mitigate impacts on adjoining land uses;
· Street access to be improved to include paved access across the public right-of-way with curb and gutter to be installed;
· Sight obscuring material (slats) be placed in the 6’ chain fence to the west, additional fencing and sight obscuring material to be placed on south property boundary for a minimum of 150’ finding that fencing and sight obscuring interventions will clearly identify property boundaries and mitigate impacts of neighboring land uses;
· Yard and security lighting to be installed, angled away from residential uses to the west of the development finding that lighting will mitigate vandalism and service calls to the police department and that ensuring lighting is angled away from residential uses to the west will mitigate light pollution and nighttime impact on the residential neighbors;
· Concurrence of the Price City Engineer relative to the storm water drainage plan, including any mitigation requirements regarding Meads Wash and the floodplain finding that appropriate control of storm water will improve the life expectancy of the development and mitigate potential flooding of neighboring uses;
· Submission of building design plans to the Price City Building Department for plan review and procurement of a Price City Building Permit for construction/erection of the building.
· Hard surfacing of all outdoor parking and storage areas approved, hard surfacing of driveway/approach to service building finding that surfacing of the parking and approach and lane will improve the aesthetic appearance of the development and mitigate impacts within the neighborhood including track-out onto 700 East Street (required in code, section 184.108.40.206);
· Provision of a minimum twelve (12) foot emergency access easement extending from 700 east and running to approximately 900 East traversing the north end of the proposed overall development site or the south of the adjoining development to the north finding that emergency vehicle access to the existing and future private development is a primary community health, safety and welfare matter;
· Maintenance of the garbage dumpster within a screened area with minimum weekly emptying of debris finding that reductions in garbage and debris potentially blowing and scattering through the neighborhood will be mitigated;
· Identification of the east boundary of the building development at the project boundary and that any additional development at the site will require additional review finding that review and possible additional development conditions will further enhance the quality of the development and mitigate potential negative impacts on the neighboring uses;
· Comments from the Price City Fire Chief regarding fire suppression and access to the site finding that fire safety is a paramount health, safety, welfare matter for the community.
permit to be issued until revised site plans indicating all conditions and
requirements are submitted to
MOTION. Commissioner Nielson moved to approve the Conditional Use Permit Final for Rick Krompel and CJ’s Storage Development with recommendations as written. Motion seconded by Commissioner Shook and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Rick Krompel.
VI CONDITIONAL USE PERMIT-MARX BODY AND PAINT-SITE PLAN AMENDMENT REVIEW
AND REVISIONS-FINAL-270 W. 100 N.-MICHAEL MARX, OWNER
Tatton presented this matter on behalf of Michael Marx at Mr. Marx’s request. Subsequent
to the prior meeting of the Planning Commission (October 9, 2007) and the
matter regarding Marx Brothers Automotive, Nick Tatton met with Mr. Michael
Marx to review the situation and to propose a solution. There were essentially
three items that the Planning Commission addressed: (1) incomplete surfacing of the parking lot as
required by the existing Conditional Use Permit; (2) location of the garbage
dumpster; and, (3) the number of cars permitted to have at the location for
sale at any given time. The garbage dumpster is located in a position as needed
by City Sanitation (not
Mr. Stephen Manzanares did not attend the meeting. He excused himself with a phone call earlier in the day to the City Recorder’s office that he would be hunting at the time of the meeting and could not attend.
· Property review indicates that more than 168 sq. ft. of space is used for storage of on-hand materials;
· Storage of materials is taking place at locations other than the back edge of the property along the fence line;
· Storage of materials are not covered;
· Required sight obscuring fencing had not been installed;
· Business vehicles are parked on the street regularly;
· Vehicles are parked on the sidewalks regularly;
· Business has not been relocated to a properly permitted location prior to September 1, 2007.
Uses other than
the office use only of
that substantial non-compliance with the conditions agreed to for issuance of a
CUP on November 6, 2006 the Commission recommended that the Price City Council
revoke Mr. Manzanares CUP consistent with Section
7.1.4 of the Price City Land Use Management and Development Code and further
revoke his business license. The Price City Council accepted and approved the
Planning Commission recommendation and authorized the revocation of the CUP and
business license during their regular meeting held on October 10, 2007. The revocation was effective at 5:00 o’clock
PM on Tuesday, October 16, 2007. Upon
verification of completion of all CUP conditions by Price City prior to that
time and the commitment for attendance at the October 22, 2007 meeting of the
VIII CONDITIONAL USE PERMIT CONTRACT FOR CONDITIONS- REVIEW AND FINAL
MOTION. Commissioner Nielson recommended approval of the Conditional Use Permit Contract for Conditions by the City Council. Motion seconded by Commissioner Shook and carried.
IX UNFINISHED BUSINESS
a. All plat revisions, public right-of-way dedications, improvement design completed by
b. Completion of development agreement requirements by 7-1-08
c. 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 Review
Commissioner Shook moved to adjourn the meeting at 6:45 p.m.
APPROVED______________________________ Gary Lyon, Chairman Pro-tempore
ATTEST_________________________________ Laurie Tryon, City Recorder