PRESENT:           Commissioners:                                   Laurie Tryon, City Recorder

                                Jeff Nielson                                           Nick Tatton, Community Director

                                Robert Richens

Edwin Shook

Frankie Sacco

Gary Lyon


EXCUSED: Chairman Bruno, Commissioner Alfred Richens


OTHERS PRESENT: Kathy Hanna-Smith, Jeremy Saccomanno, Chris Belliston, Rick Krompel, John Gallegos, Brent Hadfield and Jeanne McEvoy



                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”




Chris Belliston requested a Conditional Use Permit (CUP) application for J&C Marketing and Training Center. The business is a telemarketing call center that promotes a fuel additive, called Extreme Performance for vehicles. Mr. Belliston stated that no inventory will be stored on property. If inventory should become a need, a storage type unit will be considered for flammable products and the business agrees to return to Planning and Zoning for review. The proposed business is for 360 North 400 East (former USDA service center) located in the MR-7 zoning district.  The land use is available under Section 10.3.10 of the Price City Land Use Management & Development Code (Professional offices when harmonious with the general character of the district where located). It is the recommendation of staff to provide a final approval for the CUP. Commissioner Shook verified with the applicant the following stipulations:  (1) the nature of sales tax collection and the requirement to register with the state and provide Price City with a copy of the registration for business licensing; (2) no substantive storage of any product at the location without the express review and concurrence by the Price City Fire Chief; (3) CUP permit is for the professional office use only. 4) No on street parking by owners or employees; 5) No interference with the residential neighborhood including electronic interference, accumulation of garbage or waste, loud noise of light interference finding mitigation of impact on the surrounding residential uses. It is further recommended that the applicant submit the sign plan to staff for administrative approval when a permanent sign is decided upon. Mr. Belliston is concerned about the parking of residential vehicles of surrounding neighbors in the parking lot and indicated that no parking signs will be placed on the property in the next few weeks by his business. The Commission stated that the problem was already an issue being pursued by the Commission and the City Council. MOTION. Commissioner Shook moved to approve the Conditional Use Permit Business and Sign Final for J & C Marketing and Training Center with recommendations as stated. Motion seconded by Commissioner Sacco and carried. ACCEPTANCE: The Commission confirmed the acceptance of the approval conditions by Chris Belliston.




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 (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. 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 (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;

·         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.

·         No building permit to be issued until revised site plans indicating all conditions and requirements are submitted to Price City.

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.




Nick 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 Price City) for service. Mr. Marx will work with City Sanitation to determine if an alternate location is suitable for service of the dumpster, it may; however, need to remain in its present location.  This matter is not addressed within the conditions of the permit and cannot be amended as such at this time. The quantity of cars/trucks/campers available for sale on the lot will vary from time-to-time depending upon the size and nature of the vehicles for sale. It is the recommendation of staff to amend this requirement in the conditional use permit to reflect the ability to stock the lot to the fullest capacity that can safely be maintained by the business. The surfacing of the parking lot is a requirement within the Price City Land Use Management and Development Code (Section and was a requirement for original issuance of the Marx Brother Automotive CUP. The Commission agreed to enforce the requirement for surfacing with a final date of completion within 24 months, with one half of the surfacing done within the first 12 months. A site plan was received by the Commission for reference during the discussion. Jeanne McEvoy stated that she appreciated the compromise with the amount of vehicles and the asphalt improvements. She would like to also make sure that the dumpster is taken care of in the conditions set. Mr. Marx be asked to will work with City Sanitation on the matter. MOTION. Commissioner Richens moved to approve the Conditional Use Permit Site Plan Amendment Review and Revisions Final for Michael Marx and Marx Body and Paint with a 24 month extension on the required pavement of the lot with 50% completion in 12 months and other 50% by the end of the 24 months period and to approve the number of vehicles on the lot to full lot capacity without exceeding safety limitations. Motion seconded by Commissioner Nielson and carried. ACCEPTANCE: The Commission confirmed the acceptance of the conditions by Michael Marx as indicated by Nick Tatton.




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.

The Price City Planning & Zoning Commission reviewed compliance with the Conditional Use Permit (CUP) of Castle Country Fencing during a regular meeting held on October 9, 2007, of which presence from Mr. Manzanares was requested in writing on September 26, 2007.  Upon review the Commission found the following:

·         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 337 North 5th Avenue are occurring.

Finding 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 Price City Planning & Zoning Commission for further CUP review, the revocation may be postponed.  Failure to complete all CUP conditions or to cease operation of the home occupied business and associated area land use(s) from the unpermitted location resulted in the issuance of citations that began on Wednesday, October 17, 2007. MOTION. Commissioner Nielson moved to recommend the City Council address the penalties and frequency of citations to Mr. Manzanares and Castle Country Fencing. Motion seconded by Commissioner Richens and carried.




MOTION. Commissioner Nielson recommended approval of the Conditional Use Permit Contract for Conditions by the City Council. Motion seconded by Commissioner Shook and carried.



                 1.  Pinnacle Canyon Academy:

                       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