MINUTES OF NOVEMBER 26, 2007
Larry Bruno Laurie Tryon, City Recorder
OTHERS PRESENT: Tom and Laurel Marinos, Kathy Hanna-Smith, Dave and Chris Micoz, Cindy Stanphill, Terry Yee, Brent Hadfield, Paul Simmons and Kent Collins
I PLEDGE OF ALLEGIANCE
Chairman Bruno led the Pledge of Allegiance
II ROLL CALL
III MINUTES OF OCTOBER 22, 2007
A favorable motion to approve the minutes of October 22, 2007 as read was made by Commissioner Lyon. Commissioner Sacco seconded the motion. Motion carried.
IV PUBLIC HEARING- TO RECEIVE INPUT ON
No public comment was received on the Annexation Policy Plan. MOTION. Commissioner Shook moved to close the Public Hearing at 6:04 p.m. Motion seconded by Commissioner Lyon and carried.
V ANNEXATION POLICY PLAN- RESOLUTION 2007-01 ANNEXATION POLICY PLAN REVISION AND UPDATE ADOPTION
Commissioner Lyon moved to approve the Annexation
Policy Plan and Resolution 2007-01. Motion seconded by Commissioner
VI PUBLIC HEARING- STREET VACATE-TO RECEIVE INPUT REGARDING THE
CONSIDERATION TO VACATE 100 SOUTH STREET BETWEEN CARBON AVENUE AND APPROXIMATELY 75 EAST WITHIN THE BOUNDARIES OF THE FAIRHAVEN MOBILE HOME PARK
MOTION. Commissioner Shook moved to open the Public Hearing at 6:08 p.m. Motion seconded by Commissioner Lyon and carried.
petition for vacation has been received from Cindy Stansfield,
Manager on behalf of TLY, LLC the property owner. Also attached is a copy of the public hearing
MOTION. Commissioner Alfred Richens moved to close the Public Hearing at 6:12 p.m. Motion seconded by Commissioner Lyon and carried.
Described as “Beginning at the Southwest corner of Lot 2, Block 21, Price Townsite Survey; thence East to the D&RGWRR right of way approximately 95 feet more or less; thence Southeasterly along the Southerly boundary of the D&RGWRR right of way to the North boundary line of Block 8, Price Townsite Survey; thence West along the North boundary of said Block 8, approximately 264 feet, more or less, to the Northwest corner of said Block 8, thence North approximately 99 feet, more or less to the point of beginning, pursuant to the provisions of Chapter 7 of the Price City Land Use Management & Development Code. A quit claim deed will be provided by the petitioner vacating the property which will need to be signed by the Mayor.
MOTION. Commissioner Nielson moved to
recommend positively to vacate the street right-of-way
and dedication for the stub street of
VIII HOME OCCUPIED BUSINESS-BUSINESS-FINAL
275 S. 1600 E. #2-
Home Occupied Business (HOB) requested by Kent Collins is available within the
zoning district (MR-11) as indicated within the code and meets the general
criteria listed within the Code. The
proposed HOB land use is further subject to the specific criteria listed within
Section 10.90 of the Price City Development Code and the Utah State Code and cannot
exceed the $1,000 fee charged to customers. Mr. Collins has received permission
from the apartment manager to have the HOB at the location. A copy of the
letter needs to be turned in to
o The business does not change the residential character of the dwelling or the neighborhood
o No display and/or stock of merchandise.
o The home occupation shall not involve the use of any accessory building, either attached or detached, which substantially changes the character of the dwelling or of the neighborhood.
o No employees (members of the immediate family residing in the home are not considered employees).
o No unusual traffic (delivery trucks, commercial vehicles, heavy equipment etc.) is permitted either on or off-site which are not customarily observed in residential use.
o No parking except for customary automobiles and other traditional residential vehicles including vans and pickups.
o No unusual waste, or amounts, residential or otherwise may be generated.
o No unusual electronic interference may be generated.
o Non-residential dust, odors, noise, and other contamination may not be generated.
o Home occupied businesses shall obtain applicable local, state and federal business licensing and/or permitting.
Nielson moved to approve the Home Occupied Permit Business Final for
IX CONDITIONAL USE PERMIT- AMENDMENT TO FINAL
800 EAST 100 SOUTH-CJ’S STORAGE-RICK KROMPEL, OWNER
· Mr. Krompel indicated a reference to a fence requirement on the east side of the property; no requirement for a fence on the east was approved. The only fence requirement is for a 6’ sight obscuring fence on the west and for 150’ on the south of the development.
Mr. Krompel sights “the city has not made any other projects
within the city this summer do this [install a fence]. Each development is different and is
considered independently and relative to the land use issues intrinsic to
each. It is common practice for fencing
to be required on development projects within
· Security may be improved with visual capability through the fence.
· Aesthetics may be decreased in the vicinity without a sight obscuring fence.
· Mr. Krompel has indicated he intends to install more than the minimum required landscaping. The original approval indicated that in addition to the minimum 5% landscaping, Mr. Krompel would need to install landscaping along the west boundary of his development and along the access lane to mitigate impact on the neighbors (#b on the list).
and Chris Micoz and Tom and Laurel Marinos) have indicated that Mr. Krompel
planned to construct a concrete block wall and not install a chain link
fence. The only requirement
· Neighbors indicate a desire to request Mr. Krompel complete the landscaping requirements as indicated in the original approved conditional use permit.
questioned the integrity of the Price City Planning and Zoning Commission in
the disposition of the several transactions that have taken place leading to
the development in question. The
transactions have been: (1) vacate of
the former Bonnie J. Subdivision; (2) re-zone of the former Bonnie J.
Subdivision to CD; (3) vacate of the stub street (100 South east of 700 East);
and, (4) approval of the CJ’s storage development. All transactions have been property notified
and required public hearings held in duplicate at
action requested/necessary by the Planning Commission is to review and evaluate
the two (2) items Mr. Krompel has requested as an
amendment relating to the development
transaction and its impact on the community:
(1) installation of sight obscuring fencing or non-sight obscuring
fencing, the matter of installation the fence in not in question, nor is
the construction type of the fence; (2) maintain or remove the requirement
for landscaping along the access lane, the matter of landscaping along the
west boundary of the development or within the development is not in question. Dave
and Chris Micoz and Tom and Laurel Marinos, (directly affected neighbors) to CJ’s Storage
building were present at the meeting. Although the meeting was not a public
hearing on the matter, the Commission allowed their concerns and comments to be
heard. Both neighbors felt that a building as large as the one that is being
built is inappropriate for the residential area. They felt that they were not
contacted appropriately for a project of this magnitude and that Mr. Krompel has not been honest with them from the beginning. Laurel
Marinos stated that Mr. Krompel
promised to build a block wall fence in between the neighbor’s property and the
building. She is upset that a 6’ slatted chain link fence is now being planned
and that Mr. Krompel now does not want to add the
slats in the fence. The neighbors feel that the block wall would add to the
value of their homes, assist with the drainage issue that may come from
building roof and offer more fire protection between the homes and the
building. They feel that their view from their back yard has been blocked and
that Mr. Krompel is not being a good neighbor by not
keeping his promises. They stated that Mr. Krompel
works seven days a week at all hours of the day and night on the building,
creating dust and making noise. They feel that they have been good neighbors
for many years living behind CJ’s and dealing with trash from the dumpsters,
water drainage and graffiti on the back of the CJ’s building. Chris Micoz invited the Commissioners to come to her home and see
the new view she now has in the back of her home. Both neighbors are very
discouraged and disappointed in the way things have developed with the building
and with how
X CONDITIONAL USE PERMIT-AMENDMENT-FINAL
410 EAST MAIN STREET-EXTREME AUTOMOTIVE-PAUL SIMMONS, OWNER
Paul Simmons, owner of Extreme Automotive, is moving the business from its
present location at
· Contact with PRWID, Jeff Richens 637-6350, and completion of a waste water survey;
All signage to be
vehicles to be stored within open sight from
vehicles, parts, etc. to be stored within open sight from
· No parking or storage of vehicles on the public right-of-way;
· No accumulation of garbage or debris (old tires, etc.) beyond that capable of being maintained within a garbage dumpster;
· Garbage dumpster to be maintained within an enclosed sight obscuring stall and emptied at least one time per week or more;
Obtain a valid
· Submission chemicals list of any chemicals used at the location (solvents; welding gasses, etc.) to the Price City Fire Chief;
· Dedication of a minimum of 1 parking space for each 200 sq. ft. of floor space at the facility to accommodate employees and customers.
Mr. Simmons stated that he will place a slat chain link fence on the southeast corner of the property. The signs will be placed on the building and the awning on the old gas pump island within regulations. Signs will not be excessive and will probably be done with vinyl lettering. The property will be leased with the option to purchase. If the building is purchased, the State Department of Environmental Quality will be contacted regarding the underground fuel tanks if they still exist. MOTION. Commissioner Shook moved to approve the Conditional Use Permit amendment for Extreme Automotive contingent upon meeting stated recommendations. Motion seconded by Commissioner Lyon and carried. ACCEPTANCE: The Commission confirmed the acceptance of the approval conditions by Paul Simmons.
XI CONDITIONAL USE PERMIT-PARKLANE TOWNHOMES DEVELOPMENT-AMERICAN DREAM SUBDIVISION-PLANNED UNIT DEVELOPMENT (PUD) AND REQUEST FOR THE PUD PROJECT BOUNDARY- PRELIMINARY AND FINAL- PAUL WASHBURN-WASHBURN & ASSOCIATES
MOTION. Commissioner Alfred Richens moved to table item XI. Motion seconded by Commissioner Lyon.
XII CONDITIONAL USE PERMIT-PLAT A AMENDMENT-FINAL
AMERICAN DREAM SUBDIVISION-PAUL WASHBURN-WASHBURN & ASSOCIATES
MOTION. Commissioner Alfred Richens moved to table item XII. Motion seconded by Commissioner Lyon.
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 – 01-21-08
Mr. Tom Richardson will need
an extension of time on the single wide trailer project he is working on. He is
required to have a HUD inspector review the trailer and needs more time to
schedule an inspector from out of town. MOTION.
Commissioner Lyon moved to extend the time past the November 20, 2007 deadline
to January 21, 2008 (60 days) to finish the project. Motion seconded by Commissioner
INFORMATION ONLY- Marx Brothers has completed the required asphalt behind their lot. It looks wonderful and all requirements are met.
Commissioner Lyon moved to adjourn the meeting at 7:25 p.m.
APPROVED______________________________ Larry Bruno, Chairman
ATTEST_________________________________ Laurie Tryon, City Recorder