Upload
others
View
0
Download
0
Embed Size (px)
Citation preview
Note: In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should contact, City Recorder, Sherrie Gordon at 185 E. Main, Price, Utah - Telephone 636-3183 at least 24 hours prior to the meeting. This meeting may be held electronically via telephone to permit one or more of the council members to participate.
Chairman ROBERT OLIVER City Attorney NICK SAMPINOS Community Director NICK TATTON City Recorder SHERRIE GORDON
PRICE CITY PLANNING COMMISSION phone: (435) 636-3184 · Fax: (435) 637-2905
Commission JUDY BEACCO NANCY BENTLEY DALE EVANS ROBERT OLIVER RICHARD ROOT FRANKIE SACCO JAN YOUNG ERROLL HOLT, ALT. TODD THORNE, ALT.
185 E. Main - P.O. Box 893
Price, Utah 84501
PLANNING AND ZONING AGENDA 11/20/2017
THE PRICE CITY PLANNING AND ZONING COMMISSION WILL HOLD THEIR REGULARLY
SCHEDULED MEETING ON THE ABOVE DATE AT 6:00 PM IN THE PRICE CITY HALL COUNCIL CHAMBERS (ROOM 104). THE PLANNING AND ZONING COMMISSION CHAIRMAN RESERVES THE RIGHT TO MODIFY THE SEQUENCE OF AGENDA ITEMS IN ORDER TO FACILITATE SPECIAL NEEDS.
a. IMPOUND YARD LAND USE - Consideration and possible approval of a site plan amendment adding the land use of an impound yard at 396 S Carbon Ave within the Commercial 1 zoning district, Tony Basso. b. AUTOMOTIVE ELECTRIC MOTOR SERVICE - Consideration and possible approval of an automotive electric motor service business occupancy at 140 E 100 S within the Commercial 1 zoning district, Titan Auto Electric, LLC., Shawn Moosman. c. GENERAL CONTRACT CONSTRUCTION SERVICES-FENCING - Consideration and possible approval of general contract construction services-fencing and office space land use at 1423 East Nelson Lane within the combined Manufacturing 1 and Manufacturing 2 zoning district, Marie T. Manzanares, Castle Country Fencing. d. DRUG AND PROPRIETARY (PHARMACY) LAND USE. - Consideration and possible approval of a drug and proprietary land use at 4 East Main Street within the Commercial 1 zoning district, Price Family Pharmacy, Michael Johnson.
1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. MINUTES of October 10, 2017 4. PUBLIC COMMENT ON AGENDA ITEMS 5. CONDITIONAL USE PERMIT
6. UNFINISHED BUSINESS
“DRAFT”
PRICE CITY PLANNING AND ZONING MEETING
MINUTES OF OCTOVER 10, 2017
PRESENT: Commissioners: Nancy Bentley Sherrie Gordon-City Recorder Todd Thorne Judy Beacco Dale Evans via Electronic Communications EXCUSED: Commissioner Sacco, Commissioner Young, Commissioner Oliver, Commissioner Root, Commissioner Holt-Alternate, and Nick Tatton-Community Director OTHERS PRESENT: Leif Nelson 1. In the absence of Chairman Oliver and Vice Chair Sacco, Commissioner Evans called the meeting to order at 6:10 P.M. He led the Pledge of Allegiance. 2. Roll was called with the above Commissioners and staff present. 3. MINUTES – a. September 25, 2017 Planning and Zoning Training Workshop b. September 25, 2017 Planning and Zoning Meeting
MOTION. Commissioner Throne moved to approve the minutes of both meetings held on September 25, 2017. Motion seconded by Commissioner Beacco and carried.
4. PUBLIC COMMENT ON AGENDA ITEMS – No public comment was received on any of the items. MOTION. Commissioner Bentley moved to strike 5-a and 5-b from the agenda until such time as Mr. Basso and Mr. Moosman are able to appear before the Commission and present their applications. Motion seconded by Commissioner Thorne and carried. 5. CONDITIONAL USE PERMIT a. IMPOUND YARD LAND USE - Consideration and possible approval of a site plan amendment adding the land use of an impound yard at 396 S Carbon Avenue within the Commercial 1 zoning district, Tony Basso.
b. AUTOMOTIVE ELECTRIC MOTOR SERVICE - Consideration and possible approval of an automotive electric motor service business occupancy at 140 E 100 S, within the Commercial 1 zoning district, Titan Auto Electric LLC, Shawn Moosman.
6. UNFINISHED BUSINESS – Sherrie Gordon reminded the Commissioners about the Price City Planning and Zoning
Commission Training Retreat scheduled for December 12, 2017. RSVP by calling Sherrie Gordon. The Planning and Zoning Commission meeting scheduled for October 23, 2017 has been cancelled.
Meeting adjourned at 6:15 p.m. pursuant to a motion by Commissioner Bentley. Motion seconded by Commissioner Thorne and carried. APPROVED: _________________________ ATTEST: ________________________________ Commissioner, Dale Evans City Recorder, Sherrie Gordon
MayorJOE L PICCOLO
City AttorneyNICK SAMPINOS
Community DirectorNICK TATTON
City RecorderSHERRIE GORDON
Finance DirectorLISA RICHENS
DATE: SEPTEMBER 18TH, 2017
TO: PRICE CITY PLANNING AND ZONING COMMISSION
FROM: NICK TATTON
RE: SITE PLAN AMENDMENT – HELPER TOWING LLC, DBA TONYBASSO TOWING – ADD IMPOUND LOT
Please find attached an application for a Conditional Use Permit (CUP) submitted by Tony Bassoto amend the current site plan and establish an automotive impound yard at the existing HelperTowing location at 396 S Carbon Avenue. General evaluation criteria for the zoning district islisted in Section 11.1.1 of the Code, specific evaluation criteria for the land use and the land usechecklist are listed in Section 11.1.m of the Code. The site is situated within the Commercial 1(C-1) zoning district and contains the following land uses, as indicated in the Price City LandUse Management and Development Code (Code):
Sales of automobiles as an accessory use, other retail trade, Section 11.3.4.45; conditionaluse;
Motor vehicles and automotive equipment, wholesale trade and warehousing, Section11.3.9.8, conditional use;
Additionally, the Code identifies an impound lot, per Section 1.13.119. as “A security lot fencedwith or without guarding barbwire, and/or illumination, where police or privately impoundedvehicles may be kept for legal evidence or other purposes or while awaiting repairs. A sitewhere damaged vehicles are typically stored after an accident.”
Considerations to evaluate when reviewing this request include: Actual layout of site plan and site plan conditions:
o Fencing: size; barbed wire top (required by State); sight obscuring;o Lot lighting: size; location; angles to traffic on highway; neighboring land uses;
Signage at location:o Required by State of Utah for Impound Yardo General business signage
Restriction on automobile sales lot. Sales should be limited to impounded vehiclesacquired only. No sales lot established or operated.
Restriction on wrecking or salvage yard. Auto wrecking and parts salvage arespecifically prohibited in the zone in the Code.
It is the recommendation of staff to provide a recommendation to the city council for finalapproval of the CUP ONLY AFTER SPECIFIC DISCUSSION OF THE SITE PLAN WITH THEAPPLICANT AND CONFIRMATION THAT IT IS UNDERSTOOD THIS CANNOT BE AWRECKING OR SALVAGE YARD.
185 EAST MAIN • P.O. BOX 893 • PRICE, UT 84501PHONE (435) 637-5010 • FAX (435) 637-2905
www.pricecityutah.com
Price City Planning & Zoning Commission
Planning & ZoningCommissioners
ROBERT OLIVER, CHAIR
JUDY BEACCO
FRANKIE SACCO
DALE EVANS
NANCY BENTLEY
RICHARD ROOT
JAN YOUNG
ALTERNATE: TODD THORNE
ALTERNATE: ERROLL HOLT
RECOMMENDED MOTION(S):1. Move to recommend the Price City Council provide final approval for a Conditional Use
Permit (CUP) licensing the land uses of automotive impound; limited automotive sales,sales of automotive accessories, consistent with Section(s) 11.3.4.45 (other retail tradeassociated with automotive, marine, aircraft and accessories); 11.3.9.8 (motor vehiclesand automotive equipment wholesale trade and warehousing), based on the generalevaluation criteria located in Section 11.1.1 of the Code and the specific evaluationcriteria and land use checklist in Section 11.1.m of the Code, and subject to the followingconditions of approval:
a. Site plan not to be altered or amended from that approved with the belowattributes finding that development and land use consistent with approved siteplans protects the health, safety and welfare of the community and is consistentwith the Price City General Plan:
i. Vehicle impound area to be fenced with a 6 foot tall sight obscuring fencewith no more than 3 strands of barbed wire meeting the minimum standardfor impound yards mandated by the State of Utah finding that minimumimpound yard requirements require barbed wire fencing;
ii. Lights for impound yard to be angled away from traffic on adjacent publicroads and away from other land uses finding that lighting of the impoundyard is necessary and angling lighting away from traffic and other landuses mitigates potential safety matters and disturbances;
iii. Surfacing of impound area to be hard surfaced, no vehicles in the impoundarea beyond the safe capacity of the impound area;
iv. All “hold for owner” vehicles not parked in a fenced and screened area tobe parked orderly; no placement of crash, salvage or other vehicles in anon-screened location.
v. No on-street parking of vehicles.b. Impound yard signage and business signage to only be placed at the site after
review and approval of such signage by the Price City Planning Departmentfinding that properly reviewed and approved signage promotes consistency insignage in the community and improved the commercial viability of businesses;
c. No conditions at the property allowed that may subject the land use toenforcement of the Price City Property Maintenance Code terms and conditionsnow or in the future, finding that properly maintained properties promoteimproved property values, aesthetic appearance and improved commercialactivity in the community consistent with the goals in the Price City General Plan;
d. No motor vehicle impoundment beyond that inherently associated with theimpound yard land use finding that proper site plan requirements are not in placefor additional impoundment locations on the site;
e. No automobile wrecking or salvage yard land use is permitted finding that thoseland uses are not permittable in the C-1 zoning district and that the site plan doesnot accommodate any such land use;
f. All business owner and customer parking, including tow vehicles to be parkedoff-street at all times finding that off street parking promotes improved vehicularcirculation in the community;
2. No other land uses beyond those specifically licensed and approved herein authorizedfinding that additional or differing land uses may require additional consideration andpermitting approval;
3. Move to acknowledge that the applicant is aware of the conditions of approval,understands the conditions of approval and intends to comply with the conditions ofapproval.
Tony Basso Towing Impound YardTony Basso
396 S Carbon AvenueCommercial 1 (C-1) Zoning District
ACKNOWLEDGEMENT AGREEMENT FOR CONDITIONS OF LAND USE AS REQUIRED BY THE PRICE CITYPLANNING AND ZONING DEPARTMENT AND AS AGREED TO BY THE LAND USE APPLICANT FOR A SITE PLAN
AMENDMENT TO ADD A VEHICLE IMPOUND AREA TO THE SITE AT 396 S CARBON AVENUE WITHIN THECOMMERCIAL 1 (C-1) ZONING DISTRICT.
Purpose: the purpose of this agreement is to establish the terms and conditions of an agreement between Price City and TONYBASSO, regarding the conditions of land use associated with Price City Land Use Management and Development Code (Code) as it isassociated with HELPER TOWING LLC, DBA TONY BASSO TOWING IMPOUND YARD, TONY BASSO.
Parties: this agreement is made by and between Price City (City), 185 East Main Street, Price, Utah 84501 and TONY BASSO(Applicant), for the property located at 396 S CARBON AVE.
Term: the term of this agreement commences on October 10th, 2017 and will perpetually run with the land unless terminated based ona change of use or other performance or compliance factors as outlined in the Price City Land Use Management and DevelopmentCode (Code). This contract is further subject to compliance with all Code requirements and other state, federal or local permitting.
The parties identified above hereby agree to the following:
Applicant Shall: Site plan not to be altered or amended from that approved with the below attributes finding that development and land use
consistent with approved site plans protects the health, safety and welfare of the community and is consistent with the PriceCity General Plan:
o Vehicle impound area to be fenced with a 6 foot tall sight obscuring fence with no more than 3 strands of barbedwire meeting the minimum standard for impound yards mandated by the State of Utah finding that minimumimpound yard requirements require barbed wire fencing;
o Lights for impound yard to be angled away from traffic on adjacent public roads and away from other land usesfinding that lighting of the impound yard is necessary and angling lighting away from traffic and other land usesmitigates potential safety matters and disturbances;
o Surfacing of impound area to be hard surfaced, no vehicles in the impound area beyond the safe capacity of theimpound area;
o All “hold for owner” vehicles not parked in a fenced and screened area to be parked orderly; no placement of crash,salvage or other vehicles in a non-screened location.
o No on-street parking of vehicles. Impound yard signage and business signage to only be placed at the site after review and approval of such signage by the
Price City Planning Department finding that properly reviewed and approved signage promotes consistency in signage in thecommunity and improved the commercial viability of businesses;
No conditions at the property allowed that may subject the land use to enforcement of the Price City Property MaintenanceCode terms and conditions now or in the future, finding that properly maintained properties promote improved propertyvalues, aesthetic appearance and improved commercial activity in the community consistent with the goals in the Price CityGeneral Plan;
No motor vehicle impoundment beyond that inherently associated with the impound yard land use finding that proper siteplan requirements are not in place for additional impoundment locations on the site;
No automobile wrecking or salvage yard land use is permitted finding that those land uses are not permittable in the C-1zoning district and that the site plan does not accommodate any such land use;
All business owner and customer parking, including tow vehicles to be parked off-street at all times finding that off streetparking promotes improved vehicular circulation in the community;
No other land uses beyond those specifically licensed and approved herein authorized finding that additional or differing landuses may require additional consideration and permitting approval;
Price City Shall: Authorize the land use contemplated herein and under the terms and conditions set forth as indicated in the Code.
SIGNED THIS _____ DAY OF _________, 20____.
Price City
By Robert Oliver, Chair
Applicant:
Tony Basso
ATTEST:
Sherrie Gordon, City Recorder
T H I S P E R M I T I S H E R E B Y A P P R O V E D F O R :
C O N S I S T E N T W I T H T H E T E R M S , C O N D I T I O N S A N D R E Q U I R E M E N T S S E T F O R T HB Y T H E P R I C E C I T Y P L A N N I N G A N D Z O N I N G C O M M I S S I O N , T H E P R I C E C I T Y
C O U N C I L A N D T H E P R I C E C I T Y L A N D U S E M A N A G E M E N T A N D D E V E L O P M E N TC O D E .
A L A N D U S E O F : A V e h i c l e I m p o u n dY a r d L o c a t e d a t 3 9 6 S o u t h C a r b o nA v e , W i t h i n t h e C o m m e r c i a l 1 ( C - 1 )
Z o n i n g D i s t r i c t
Signature Date
C O N D I T I O N A L U S E P E R M I TA M E N D M E N T
MayorJOE L PICCOLO
City AttorneyNICK SAMPINOS
Community DirectorNICK TATTON
City RecorderSHERRIE GORDON
Finance DirectorLISA RICHENS
DATE: SEPTEMBER 28TH , 2017
TO: PRICE CITY PLANNING AND ZONING COMMISSION
FROM: NICK TATTON
RE: BUSINESS OCCUPANCY
Please find attached an application for a Conditional Use Permit (CUP) submitted by ShawnMoosman to establish an automotive electric motor service location at 140 East 100 South.General evaluation criteria for the zoning district is listed in Section 11.1.1 of the Code, specificevaluation criteria for the land use and the land use checklist are listed in Section 11.1.m of theCode. The site is situated within the Commercial 1 (C-1) zoning district and contains thefollowing land uses, as indicated in the Price City Land Use Management and DevelopmentCode (Code):
Electric Service, Conditional Use, Code Section 11.3.5.18 Electric Machinery, Equipment, Supplies, Conditional Use, Code Section 11.3.7.12.1 Electrical Goods, Conditional Use, Code Section 11.3.9.3
It is the recommendation of staff to discuss the business occupancy with the applicant andrecommend final approval by the City Council.
RECOMMENDED MOTION(S):1. Move to recommend the Price City Council provide final approval for a Conditional Use
Permit (CUP) licensing the land uses of Electric Service, Conditional Use, Code Section11.3.5.18; Electric Machinery, Equipment, Supplies, Conditional Use, Code Section11.3.7.12.1; Electrical Goods, Conditional Use, Code Section 11.3.9.3 based on thegeneral evaluation criteria located in Section 11.1.1 of the Code and the specificevaluation criteria and land use checklist in Section 11.1.m of the Code, and subject tothe following conditions of approval:
a. Maintain all exterior area lighting as high efficiency LED fixtures and includetimers and/or shields and/or angled away from neighboring residential usesfinding that reducing light transference mitigates nighttime impacts on residentialproperties.
b. No on-street parking by owners and employees finding that limited on-streetparking promotes commercial activity and is consistent with the Price CityGeneral Plan.
c. Install a minimum of 5% landscaping as required by the Code and as the site mayaccommodate.
d. Garbage dumpster to be maintained in an enclosure and serviced at a frequencythat mitigates accumulations of garbage, rubbish and debris or the wind scatter ofgarbage, rubbish and debris.
185 EAST MAIN • P.O. BOX 893 • PRICE, UT 84501PHONE (435) 637-5010 • FAX (435) 637-2905
www.pricecityutah.com
Price City Planning & Zoning Commission
Planning & ZoningCommissioners
ROBERT OLIVER, CHAIR
JUDY BEACCO
FRANKIE SACCO
DALE EVANS
NANCY BENTLEY
RICHARD ROOT
JAN YOUNG
ALTERNATE: TODD THORNE
ALTERNATE: ERROLL HOLT
e. Ensure no unscreened outside storage of work in progress, materials, inventory,supplies finding that restricted outdoor storage of work in progress enhances thecommunity aesthetic and is consistent with the Price City General Plan.
f. Ensure no on site disposal of oils, greases or other chemicals or items that maynegatively impact the environment or the waste water system finding thatrestricted disposal of certain items protects the health, safety and welfare of thecommunity.
i. No service activity that involves disposal of oils, greases or otherchemicals finding that a grease trap and sampling manhole are not presenton-site.
ii. All site floor drains or other possible sources of waste water systemcontamination to be sealed from use.
g. Inspection of the structure by the Price City Building Inspector and Price CityFire Chief prior to occupancy and compliance with all safety recommendationstemming from the inspection finding that compliance with safetyrecommendations protects the health, safety and welfare of the community.
h. All building renovation to be completed under the auspices of a Price CityBuilding Permit finding that properly permitted and inspected commercialbuilding improvements and renovations protect the health, safety and welfare ofthe community.
i. Business signage plan submitted indicating 1 sign with a maximum size of 60square feet attached to the north elevation of the building authorized. No othersignage authorized.
j. No conditions at the property or structure that violate the Price City PropertyMaintenance Code finding that properly maintained properties and structuresmitigates impacts to area property values and is consistent with the Price CityGeneral Plan.
2. Move to acknowledge that the applicant is aware of the conditions of approval,understands the conditions of approval and intends to comply with the conditions ofapproval.
Titan Auto ElectricShawn Moosman
140 E 100 SCommercial 1 (C-1) Zoning District
ACKNOWLEDGEMENT AGREEMENT FOR CONDITIONS OF LAND USE AS REQUIRED BY THE PRICE CITYPLANNING AND ZONING DEPARTMENT AND AS AGREED TO BY THE LAND USE APPLICANT FOR THE LAND
USE OF AN AUTOMOTIVE ELECTRIC COMPONENT SERVICE BUSINESS LOCATED AT 140 EAST 100 SOUTHWITHIN THE COMMERCIAL 1 (C-1) ZONING DISTRICT.
Purpose: the purpose of this agreement is to establish the terms and conditions of an agreement between Price City and SHAWNMOOSMAN, TITAN AUTO ELECTRIC LLC, regarding the conditions of land use associated with Price City Land UseManagement and Development Code (Code) as it is associated with SHAWN MOOSMAN, TITAN AUTO ELECTRIC LLC.
Parties: this agreement is made by and between Price City (City), 185 East Main Street, Price, Utah 84501 and NICK MADRIGAL(Applicant), for the property located at 140 EAST 100 SOUTH.
Term: the term of this agreement commences on OCTOBER 10th, 2017 and will perpetually run with the land unless terminatedbased on a change of use or other performance or compliance factors as outlined in the Price City Land Use Management andDevelopment Code (Code). This contract is further subject to compliance with all Code requirements and other state, federal or localpermitting.
The parties identified above hereby agree to the following:
Applicant Shall: Maintain all exterior area lighting as high efficiency LED fixtures and include timers and/or shields and/or angled away from
neighboring residential uses finding that reducing light transference mitigates nighttime impacts on residential properties. No on-street parking by owners and employees finding that limited on-street parking promotes commercial activity and is
consistent with the Price City General Plan. Install a minimum of 5% landscaping as required by the Code and as the site may accommodate. Garbage dumpster to be maintained in an enclosure and serviced at a frequency that mitigates accumulations of garbage,
rubbish and debris or the wind scatter of garbage, rubbish and debris. Ensure no unscreened outside storage of work in progress, materials, inventory, supplies finding that restricted outdoor
storage of work in progress enhances the community aesthetic and is consistent with the Price City General Plan. Ensure no on site disposal of oils, greases or other chemicals or items that may negatively impact the environment or the
waste water system finding that restricted disposal of certain items protects the health, safety and welfare of the community.o No service activity that involves disposal of oils, greases or other chemicals finding that a grease trap and sampling
manhole are not present on-site.o All site floor drains or other possible sources of waste water system contamination to be sealed from use.
Inspection of the structure by the Price City Building Inspector and Price City Fire Chief prior to occupancy and compliancewith all safety recommendation stemming from the inspection finding that compliance with safety recommendations protectsthe health, safety and welfare of the community.
All building renovation to be completed under the auspices of a Price City Building Permit finding that properly permittedand inspected commercial building improvements and renovations protect the health, safety and welfare of the community.
Business signage plan submitted indicating 1 sign with a maximum size of 60 square feet attached to the north elevation ofthe building authorized. No other signage authorized.
No conditions at the property or structure that violate the Price City Property Maintenance Code finding that properlymaintained properties and structures mitigates impacts to area property values and is consistent with the Price City GeneralPlan.
Price City Shall: Authorize the land use contemplated herein and under the terms and conditions set forth as indicated in the Code.
SIGNED THIS _____ DAY OF _________, 20____.
Price City
By Robert Oliver, Chair
Applicant:
SHAWN MOOSMAN
ATTEST:
Sherrie Gordon, City Recorder
T H I S P E R M I T I S H E R E B Y A P P R O V E D F O R :
C O N S I S T E N T W I T H T H E T E R M S , C O N D I T I O N S A N D R E Q U I R E M E N T S S E T F O R T HB Y T H E P R I C E C I T Y P L A N N I N G A N D Z O N I N G C O M M I S S I O N , T H E P R I C E C I T Y
C O U N C I L A N D T H E P R I C E C I T Y L A N D U S E M A N A G E M E N T A N D D E V E L O P M E N TC O D E .
A L A N D U S E O F : A n A u t o m o t i v eE l e c t r i c C o m p o n e n t S e r v i c e B u s i n e s s
L o c a t e d A t 1 4 0 E 1 0 0 S , W i t h i n t h eC o m m e r c i a l 1 ( C - 1 ) Z o n i n g D i s t r i c t
Signature Date
C O N D I T I O N A L U S E P E R M I TA M E N D M E N T
MayorJOE L PICCOLO
City AttorneyNICK SAMPINOS
Community DirectorNICK TATTON
City RecorderSHERRIE GORDON
Public Works DirectorMILES NELSON
DATE: NOVEMBER 1ST, 2017
TO: PRICE CITY PLANNING AND ZONING COMMISSION
FROM: NICK TATTON
RE: CONDITIONAL USE PERMIT – CASTLE COUNTRY FENCING
As you may recall, Price City recently revoked the business license and Conditional Use Permit(CUP) for Castle Country Fencing as a Home Occupied Business (HOB) at 337 N 5th Avenue.That revocation became effective on November 1, 2017. Mrs. Manzanares, the listed owner ofthe business, was notified of the revocation and informed that submission of a completeapplication that may be potentially approved in a commercial location would be considered “inprocess” between the revocation date and the date of the planning commission meeting.
Pursuant to that, please find attached an CUP application submitted by Marie T. Manzanares tolocate the Castle Country Fencing business at 1423 East Nelson Lane within the combinedManufacturing 1 (M-1) and Manufacturing 2 (M-2) zoning district. The land use applied for isoffice type operation of the fencing business as well as staging for business supplies, materials,equipment and vehicles. The general land use evaluation criteria is listed in Section 11.5 of thePrice City Land Use Management and Development Code (Code), the specific land useevaluation criteria is listed in Section 11.1.m of the Code. The land uses identified are asfollows:
General Contract Construction Services-Fencing; Code Section 11.3.5.21; ConditionalUse.
Office Space: Code Section 11.3.5.1; Permitted Use.
It is the recommendation of staff to thoroughly discuss the land uses and restrictions with theapplicant and ensure complete understanding of the conditions of approval and provide arecommendation to the city council for final approval of the CUP permit.
RECOMMENDED MOTION(S):1. Move to recommend the Price City Council provide final approval for a Conditional Use
Permit (CUP), as applied for by Marie T. Manzanares, for an office space andconstruction business/services land use business called Castle Country Fencing, locatedat 1423 East Nelson Lane within the combined Manufacturing 1 (M-1) andManufacturing 2 (M-2) zoning district based upon the general land use evaluation criteria
185 EAST MAIN • P.O. BOX 893 • PRICE, UT 84501PHONE (435) 637-5010 • FAX (435) 637-2905
www.pricecityutah.com
Price City Planning & Zoning Commission
Planning & ZoningCommissioners
ROBERT OLIVER, CHAIR
FRANKIE SACCO, VICE CHAIR
JUDY BEACCO
DALE EVANS
NANCY BENTLEY
RICHARD ROOT
JAN YOUNG
ALTERNATE: ERROLL Holt
ALTERNATE: TODD THORNE
is listed in Section 11.5 of the Price City Land Use Management and Development Code(Code), the specific land use evaluation criteria is listed in Section 11.1.m of the Codeand the land uses of (1) Code Section 11.3.5.1 Administration Office-Permitted; (2) CodeSection 11.3.5.21General Contract Construction Services-Fencing-Conditional Use andsubject to the following conditions of approval:
a. No nuisance exterior light transference to residential land uses adjacent to subjectproperty finding that nuisance exterior light transference to residential land usesmay create conflicts between adjoining property owners and uses. All exteriorlighting to be high efficiency LED fixtures and bulbs finding that energyefficiency reduces costs in the community and increases the economiccompetitiveness of business.
b. No nuisance noise transference to residential land uses adjacent to subjectproperty finding that nuisance noise transference to residential land uses maycreate conflicts between adjoining property owners and uses.
c. No on street parking of any vehicles, equipment, trailers or other business relateditems finding that restricted on-street parking mitigates the potential for vehicle orpedestrian accidents on Nelson Lane.
i. No vehicle, equipment, trailer or other business items to be parked orstored such that adjoining property owners experience restricted access toproperty.
ii. No site access from Airport Road; all site access from Nelson Lanefinding that safe or approved ingress/egress to the site is not present fromAirport Road.
d. Garbage containers and service frequency utilized that prevent the accumulationsof garbage, rubbish and debris finding that properly sized and serviced garbagecontainers prevent wind scatter and accumulations of garbage, rubbish and debris.
e. All outdoor storage of vehicles, equipment, trailers to be maintained orderlyfinding that orderly storage and fenced storage mitigates the potential formalfeasance and business interruption.
i. All fittings and equipment to be stored inside of storage shed/building asindicated on the submitted site plan.
f. Building and fire safety inspection of structures on the site and used for businesspurposes for compliance by the Price City Building Inspector and/or Price CityFire Chief finding that properly inspected buildings protect the health, safety andwelfare of the community.
i. Compliance with all safety recommendations stemming from theinspections.
ii. Procurement of a Price City Building Permit for any building renovationsor improvements that occur.
g. Business signage to be reviewed and approved by the Price City PlanningDepartment prior to installation finding that properly reviewed and approvedsignage promotes community consistency.
h. No business operation from the site except that expressly applied for, considered,and approved herein finding that additional business operations may requireadditional licensing and/or CUP consideration.
i. No Castle Country Fencing business operation, materials, equipment, vehicles tobe located at, adjacent to or in the vicinity of 337 N 5th Avenue finding that allbusiness operation from that location was previously revoked by Price City.
j. No conditions at the property or structure that violate the Price City propertymaintenance code finding that properly maintained properties and structuresprotect community property values.
2. Move to acknowledge that the applicant, applicant’s agents and representatives are awareof the conditions of approval, understand the conditions of approval and intend to complywith the conditions of approval.
Castle Country Fencing1423 East Nelson LaneMarie J. Manzanares
Combined Manufacturing 1 (M-1) and Manufacturing2 (M-2) Zoning District
ACKNOWLEDGEMENT AGREEMENT FOR CONDITIONS OF LAND USE AS REQUIRED BY THE PRICE CITYPLANNING AND ZONING DEPARTMENT AND AS AGREED TO BY THE LAND USE APPLICANT FOR THE LAND USEOF A GENERAL CONTRACT CONSTRUCTION SERVICES-FENCING BUSINESS AND OFFICE SPACE LAND USE AT
1423 EAST NELSON LANE WITHIN THE COMBINED MANUFACTURING 1 (M-1) AND MANUFACTURING 2 (M-2)ZONING DISTRICT.
Purpose: the purpose of this agreement is to establish the terms and conditions of an agreement between Price City and Marie T.Manzanares, regarding the conditions of land use associated with Price City Land Use Management and Development Code (Code) as itis associated with CASTLE COUNTRY FENCING, MARIE T. MANZANARES.
Parties: this agreement is made by and between Price City (City), 185 East Main Street, Price, Utah 84501 and MARIE T.MANZANARES (Applicant), for the property located at 1423 EAST NELSON LANE.
Term: the term of this agreement commences on NOVEMBER 20TH, 2017 and will perpetually run with the land unless terminatedbased on a change of use or other performance or compliance factors as outlined in the Price City Land Use Management andDevelopment Code (Code). This contract is further subject to compliance with all Code requirements and other state, federal or localpermitting.
The parties identified above hereby agree to the following:
Applicant Shall: No nuisance exterior light transference to residential land uses adjacent to subject property finding that nuisance exterior light transference to
residential land uses may create conflicts between adjoining property owners and uses.o All exterior lighting to be high efficiency LED fixtures and bulbs finding that energy efficiency reduces costs in the community and
increases the economic competitiveness of business. No nuisance noise transference to residential land uses adjacent to subject property finding that nuisance noise transference may create
conflicts between adjoining property owners and uses. No on street parking of any vehicles, equipment, trailers or other business related items finding that restricted on-street parking mitigates the
potential for vehicle or pedestrian accidents on Nelson Lane.o No vehicle, equipment, trailer or other business items to be parked or stored such that adjoining property owners experience restricted
access to property.o No site access from Airport Road; all site access from Nelson Lane finding that safe or approved ingress/egress to the site is not
present from Airport Road. Garbage containers and service frequency utilized that prevent the accumulations of garbage, rubbish and debris finding that properly sized and
serviced garbage containers prevent wind scatter and accumulations of garbage, rubbish and debris. All outdoor storage of vehicles, equipment, trailers to be maintained orderly finding that orderly storage and fenced storage mitigates the
potential for malfeasance and business interruption.o All fittings and equipment to be stored inside of storage shed/building as indicated on the submitted site plan.
Building and fire safety inspection of structures on the site and used for business purposes for compliance by the Price City Building Inspectorand/or Price City Fire Chief finding that properly inspected buildings protect the health, safety and welfare of the community.
o Compliance with all safety recommendations stemming from the inspections.o Procurement of a Price City Building Permit for any building renovations or improvements that occur.
Business signage to be reviewed and approved by the Price City Planning Department prior to installation finding that properly reviewed andapproved signage promotes community consistency.
No business operation from the site except that expressly applied for, considered, and approved herein finding that additional businessoperations may require additional licensing and/or CUP consideration.
No Castle Country Fencing business operation, materials, equipment, vehicles to be located at, adjacent to or in the vicinity of 337 N 5th
Avenue finding that all business operation from that location was previously revoked by Price City. No conditions at the property or structure that violate the Price City property maintenance code finding that properly maintained properties and
structures protect community property values.
Price City Shall: Authorize the land use contemplated herein and under the terms and conditions set forth as indicated in the Code.
SIGNED THIS _____ DAY OF _________, 20____.
Price City
By __________________________
Applicant:
MARIE T. MANZANARES
ATTEST:
Sherrie Gordon, City Recorder
T H I S P E R M I T I S H E R E B Y A P P R O V E D F O R :
C O N S I S T E N T W I T H T H E T E R M S , C O N D I T I O N S A N D R E Q U I R E M E N T S S E T F O R T HB Y T H E P R I C E C I T Y P L A N N I N G A N D Z O N I N G C O M M I S S I O N , T H E P R I C E C I T Y
C O U N C I L A N D T H E P R I C E C I T Y L A N D U S E M A N A G E M E N T A N D D E V E L O P M E N TC O D E .
A L A N D U S E O F : A G e n e r a l C o n t r a c t C o n s t r u c t i o nS e r v i c e s - F e n c i n g B u s i n e s s I n c l u d i n g O f f i c e S p a c e
L o c a t e d A t 1 4 2 3 E a s t N e l s o n L a n e , W i t h i n t h eC o m b i n e d M a n u f a c t u r i n g 1 ( M - 1 ) a n d
M a n u f a c t u r i n g 2 ( M - 2 ) Z o n i n g D i s t r i c t .O T H E R L A N D U S E S S P E C I F I C A L L Y R E S T R I C T E D .
Signature Date
C O N D I T I O N A L U S E P E R M I TA M E N D M E N T
MayorJOE L PICCOLO
City AttorneyNICK SAMPINOS
Community DirectorNICK TATTON
City RecorderSHERRIE GORDON
Public Works DirectorMILES NELSON
DATE: NOVEMBER 1ST, 2017
TO: PRICE CITY PLANNING AND ZONING COMMISSION
FROM: NICK TATTON
RE: CONDITIONAL USE PERMIT – PHARMACY LAND USE
Please find attached a Conditional Use Permit (CUP) application submitted by Michael Johnsonto locate Price Family Pharmacy, a drug and proprietary land use, business at 4 East Main Streetwithin the Commercial 1 (C-1) zoning district. The land use applied for is identified as Drub andproprietary, a conditional use based on Section 11.3.4.13 of the Price City Land UseManagement and Development Code (Code). The general land use evaluation criteria is listed inSection 11.5 of the Code, the specific land use evaluation criteria is listed in Section 11.1.m ofthe Code. The general retail nature of the proposed land use is permitted in the C-1 zone.
It is the recommendation of staff to discuss the land uses and restrictions with the applicant andensure complete understanding of the conditions of approval and provide a recommendation tothe city council for final approval of the CUP permit.
RECOMMENDED MOTION(S):1. Move to recommend the Price City Council provide final approval for a Conditional Use
Permit (CUP), as applied for by Michael Johnson for a drug and proprietary land usebusiness at 4 East Main Street within the Commercial 1 (C-1) zoning district based uponthe general land use evaluation criteria is listed in Section 11.5 of the Price City LandUse Management and Development Code (Code), the specific land use evaluation criteriais listed in Section 11.1.m of the Code and the land uses of Drug and Proprietary listed asa conditional use in Section 11.3.4.13 of the Code, and subject to the followingconditions of approval:
a. No on street parking by owner or employees of the business, parking by ownersand employees to be in mid-block public lots, finding that restricted on-streetparking mitigates parking congestion in the downtown area and promotescommercial activity consistent with the Price City General Plan.
b. Garbage containers and service frequency utilized that prevent the accumulationsof garbage, rubbish and debris finding that properly sized and serviced garbagecontainers prevent wind scatter and accumulations of garbage, rubbish and debris.
i. No improper disposal of medications in traditional garbage receptacles.
185 EAST MAIN • P.O. BOX 893 • PRICE, UT 84501PHONE (435) 637-5010 • FAX (435) 637-2905
www.pricecityutah.com
Price City Planning & Zoning Commission
Planning & ZoningCommissioners
ROBERT OLIVER, CHAIR
FRANKIE SACCO, VICE CHAIR
JUDY BEACCO
DALE EVANS
NANCY BENTLEY
RICHARD ROOT
JAN YOUNG
ALTERNATE: ERROLL Holt
ALTERNATE: TODD THORNE
c. Building and fire safety inspection of structures on the site and used for businesspurposes for compliance by the Price City Building Inspector and/or Price CityFire Chief finding that properly inspected buildings protect the health, safety andwelfare of the community.
i. Compliance with all safety recommendations stemming from theinspections.
ii. Procurement of a Price City Building Permit for any building renovationsor improvements that occur.
iii. Security review of medication storage and procedure by the Price CityPolice Chief and compliance with recommendations stemming from thereview finding that reviewed and understood medication storage mitigates thepotential for theft and disproportionate usage of public safety resources.
d. Business signage to be reviewed and approved by the Price City PlanningDepartment prior to installation finding that properly reviewed and approvedsignage promotes community consistency.
e. No business operation from the site except that expressly applied for, considered,and approved herein finding that additional business operations may requireadditional licensing and/or CUP consideration.
i. Price City business license must be approved prior to operation oroccupancy.
f. No conditions at the property or structure that violate the Price City propertymaintenance code finding that properly maintained properties and structuresprotect community property values.
2. Move to acknowledge that the applicant, applicant’s agents and representatives are awareof the conditions of approval, understand the conditions of approval and intend to complywith the conditions of approval.
Price Family Pharmacy4 East Main StreetMichael Johnson
Commercial 1 (C-1) Zoning District
ACKNOWLEDGEMENT AGREEMENT FOR CONDITIONS OF LAND USE AS REQUIRED BY THE PRICECITY PLANNING AND ZONING DEPARTMENT AND AS AGREED TO BY THE LAND USE APPLICANT FOR
THE LAND USE OF A DRUG AND PROPRIETARY BUSINESS AT 4 EAST MAIN STREET WITHIN THECOMMERCIAL 1 (C-1) ZONING DISTRICT.
Purpose: the purpose of this agreement is to establish the terms and conditions of an agreement between Price City andMichael Johnson, regarding the conditions of land use associated with Price City Land Use Management and DevelopmentCode (Code) as it is associated with PRICE FAMILY PHARMACY, MICHAEL JOHNSON.
Parties: this agreement is made by and between Price City (City), 185 East Main Street, Price, Utah 84501 and MICHAELJOHNSON (Applicant), for the property located at 4 EAST MAIN STREET.
Term: the term of this agreement commences on NOVEMBER 20TH, 2017 and will perpetually run with the land unlessterminated based on a change of use or other performance or compliance factors as outlined in the Price City Land UseManagement and Development Code (Code). This contract is further subject to compliance with all Code requirements andother state, federal or local permitting.
The parties identified above hereby agree to the following:
Applicant Shall: No on street parking by owner or employees of the business, parking by owners and employees to be in mid-block
public lots, finding that restricted on-street parking mitigates parking congestion in the downtown area and promotescommercial activity consistent with the Price City General Plan.
Garbage containers and service frequency utilized that prevent the accumulations of garbage, rubbish and debrisfinding that properly sized and serviced garbage containers prevent wind scatter and accumulations of garbage,rubbish and debris.
o No improper disposal of medications in traditional garbage receptacles. Building and fire safety inspection of structures on the site and used for business purposes for compliance by the
Price City Building Inspector and/or Price City Fire Chief finding that properly inspected buildings protect thehealth, safety and welfare of the community.
o Compliance with all safety recommendations stemming from the inspections.o Procurement of a Price City Building Permit for any building renovations or improvements that occur.
Security review of medication storage and procedure by the Price City Police Chief and compliance withrecommendations stemming from the review finding that reviewed and understood medication storage mitigates thepotential for theft and disproportionate usage of public safety resources.
Business signage to be reviewed and approved by the Price City Planning Department prior to installation findingthat properly reviewed and approved signage promotes community consistency.
No business operation from the site except that expressly applied for, considered, and approved herein finding thatadditional business operations may require additional licensing and/or CUP consideration.
Price City business license must be approved prior to operation or occupancy. No conditions at the property or structure that violate the Price City property maintenance code finding that properly
maintained properties and structures protect community property values.
Price City Shall: Authorize the land use contemplated herein and under the terms and conditions set forth as indicated in the Code.
SIGNED THIS _____ DAY OF _________, 20____.
Price City
By Robert Oliver, Chair
Applicant:
MICHAEL JOHNSON
ATTEST:
Sherrie Gordon, City Recorder
T H I S P E R M I T I S H E R E B Y A P P R O V E D F O R :
C O N S I S T E N T W I T H T H E T E R M S , C O N D I T I O N S A N D R E Q U I R E M E N T S S E T F O R T HB Y T H E P R I C E C I T Y P L A N N I N G A N D Z O N I N G C O M M I S S I O N , T H E P R I C E C I T Y
C O U N C I L A N D T H E P R I C E C I T Y L A N D U S E M A N A G E M E N T A N D D E V E L O P M E N TC O D E .
A L A N D U S E O F : A D r u g a n dP r o p r i e t a r y B u s i n e s s L o c a t e d A t 4
E a s t M a i n S t r e e t , W i t h i n t h eC o m m e r c i a l 1 ( C - 1 ) Z o n i n g D i s t r i c t
Signature Date
C O N D I T I O N A L U S E P E R M I TA M E N D M E N T