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 10/10/2017

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. September 25, 2017 Planning and Zoning Training Workshop b. September 25, 2017 Planning and Zoning Meeting

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.

1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. MINUTES -

4. PUBLIC COMMENT ON AGENDA ITEMS 5. CONDITIONAL USE PERMIT

6. UNFINISHED BUSINESS

“DRAFT”

PRICE CITY PLANNING AND ZONING TRAINING WORKSHOP – PUBLIC SAFETY MATTERS

MINUTES OF SEPTEMBER 25, 2017

PRESENT: Commissioners: Todd Thorne Nick Tatton-Community Director Richard Root Sherrie Gordon-City Recorder Judy Beacco Robert Oliver Frankie Sacco EXCUSED: Commissioner Bentley, Commissioner Evans, Commissioner Young, and Commissioner Holt-Alternate OTHERS PRESENT: Kevin Drolc, Leif Nelson and Marty Robbins Vice Chair Sacco called the training workshop to order at 5:30 P.M.

1. Kevin Drolc, Price City Police Chief, reviewed public safety matters with the Commissioners. The training session ended at 6:00 P.M. APPROVED: ________________________ ATTEST: __________________________ Vice Chair, Frankie Sacco City Recorder, Sherrie Gordon

“DRAFT”

PRICE CITY PLANNING AND ZONING MEETING MINUTES OF SEPTEMBER 25, 2017

PRESENT: Commissioners: Frankie Sacco Nick Tatton-Community Director Todd Thorne Sherrie Gordon-City Recorder Dale Evans Judy Beacco Jan Young Richard Root Robert Oliver EXCUSED: Commissioner Bentley and Commissioner Holt-Alternate OTHERS PRESENT: Kevin Drolc, Leif Nelson, Marty Robbins, and Orlando LaFontaine 1. Chairman Oliver called the meeting to order at 6:00 P.M. He led the Pledge of Allegiance. 2. Roll was called with the above Commissioners and staff present. 3. MINUTES – a. August 21, 2017 Planning and Zoning Training Workshop b. August 21, 2017 Planning and Zoning Meeting

MOTION. Commissioner Young moved to approve the minutes of both meetings held on August 21, 2017. Motion seconded by Commissioner Evans and carried.

4. PUBLIC COMMENT ON AGENDA ITEMS – No public comment was received on any of the items. Chairman Oliver requested to amend the agenda order. He requested Item #5 to be considered and discussed after Item #6. MOTION. Commissioner Evans moved to amend the agenda as requested by Chairman Oliver. Motion seconded by Commissioner Beacco and carried. 5. GENERAL BUSINESS – a. CONTINUED COMPLIANCE REVIEW - Conditional Use Permit final compliance review, consideration and possible approval of a recommendation to revoke the Conditional Use Permit, Castle Country Fencing, 337 N

5th Ave, Steve Manzanarez. Commissioner Oliver recused himself from discussion and voting on this matter and declared that he may have a conflict of interest. Steve Manzanarez was not present at the meeting. Staff confirmed that Mr. Manzanarez had been advised of the meeting time, date and location. Vice Chair Sacco conducted the meeting for this item. The Commissioners held a detailed discussion regarding the current condition of the property and the determined non-compliance of the Conditional Use Permit, property ownership and vehicles. The Commissioners reviewed pictures of the property submitted by Vice Chair Sacco. Vice Chair Sacco stated that the pictures were taken September 25, 2017.

Commissioners noted that they had visited the property. It was also noted some work toward compliance with the conditions was completed but Mr. Manzanarez is still not in compliance. Also, numerous vehicles are still parked in a violation condition both on street and off street. The Commissioners viewed the time line allowed to bring the property into compliance:

• November 6, 2006 Mr. Manzanarez appeared before the Planning and Zoning Commission. • July 26, 2017 a second compliance review was conducted. The Commission agreed to a 45-day extension

(September 8, 2017). • September 8, 2017 Planning and Zoning meeting was cancelled. This allowed additional two-weeks for Mr.

Manzanarez to bring the property into compliance. • As of September 25, 2017 the property is still non-compliant.

Per Mr. Manzananez’s request, the City Recorder, by Certified Mail, sent him a copy of the list that was reviewed in detail at the July 26, 2017 Planning and Zoning meeting. The Commissioners held a detailed discussion and reviewed each requirement of the Conditional Use Permit:

• Space used for storage of “on hand” materials or 168 square feet of space not to exceed 21’ x 8’. • Storage of items is only permitted to be on the back edge of the property up against the fence line. • Storage items will only be stored on pallets. • Storage items will be covered at all times and remain presentable. • A sight obscuring fence will be installed at the sides and rear of the storage area. • Fittings, top rail, gates, fence fabric and fence posts are the only listed items to be stored. • Items are to remain minimal to only what will be used on a daily basis. • Vehicles used for the business are not allowed to park at the home, this includes trucks and trailers. • The home is to be Office Use Only. • Customers and employees are not to come to the home for business. • Inoperable or damaged vehicles are to be removed from the property within 60-days of this meeting. • Vehicles are not to be parked on the City sidewalks or designated paths. • Mr. Manzanarez will be allowed 9-months to find and relocate his business and storage to another location

within a CD zone. If by September 1, 2007, he is not able to commit to this stipulation, he must return to Planning and Zoning on his own accord and report to the Commission. The only permitted use will be Office Use Only at the address of 337 North 7th Avenue on September 1, 2007.

The Commissioners agreed that Mr. Manzanarez is required to comply with all of these conditions and as of September 25, 2017 the property is still not in compliance. It was recommended that the Conditional Use Permit and Business License for a home occupied business be revoked. Mr. Manzanarez will need to find another location to do business in the commercial or manufacturing zone to operate his business. Vice Chair Sacco asked Nick Tatton to review the process of revoking a Conditional Use Permit and Business License. Mr. Tatton outlined the procedure and process for the Commission. MOTION. Commissioner Thorne made a motion to revoke the Conditional Use Permit and Business License finding that the condition on the property remains in a non-compliant condition with the approved Conditional Use Permit and move this recommendation forward to the Price City Council for final revocation of the Conditional Use Permit and Business License. Motion seconded by Commissioner Evans and carried unanimously.

6. CONDITIONAL USE PERMIT – a. HOBBY SHOP, PAWNSHOP, ARCADE, CARRY-OUT PIZZA - Consideration and possible approval of a hobby, pawn, arcade, laundromat land use at 828 East Main Street within the Commercial 1 zoning district,

Marty Robbins. A Conditional Use Permit (CUP) was submitted by Marty S. Robbins to locate a hobby shop, pawn shop and arcade, and laundromat land use at 828 East Main Street in an existing building within the Commercial 1 (C-1) zoning district. The general land use evaluation criteria is listed in Section 11.1 of the Price City Land Use Management and Development Code (Code) and the specific land use evaluation criteria/land use checklist is listed in Section 11.1.m of the Code. The applicable land uses are: Pawnbrokers, a conditional land use, Section 11.3.4.37.5 of the Code; Firearms, a conditional land use, Section 11.3.4.17.5 of the Code; Sporting Goods, a permitted land use, Section 11.3.4.40 of the Code; and, Public Assembly (to accommodate a conditional land use, Section 11.3.10.5.6 of the Code, Other Retail Trade, a permitted land use, Section 11.3.4.43 of the Code, Laundering, dry cleaning and dyeing services, a conditional land use, Section 11.3.5.24 of the Code. Marty Robbins addressed the Commissioners. He stated that his business, Marty’s Pawn, is going to move to 828 East Main Street. The business will have a new name and will be called Castle Country Hobby & Pawn. He was working with a pizza distributor but could not finalize the plans to offer carry-out pizza. Instead, he would like to open a laundromat along with the hobby shop, pawn shop and arcade and amend his application and approval to accommodate the laundromat land use.

The Planning Commission reviewed the Conditional Use Permit in detail. Commissioner Oliver read aloud the following conditions of approval:

• Maintain a minimum of eight (18) off-street parking spaces dedicated to the business in the shared lot to the west of the building finding that dedicated off-street parking mitigates the potential for vehicle and pedestrian accidents.

o 10,668 sq. ft. bldg. X .5 net usable = 5,334 sq. ft. / 300 feet per parking space = 18 spaces. • Maintain garbage and rubbish dumpster off-street in a secured and/or enclosed manner with an

appropriate service frequency finding that properly sized and serviced garage dumpsters prevent accumulations of garbage and rubbish and wind scatter of garbage and rubbish.

• Completion of a Price River Water Improvement District (PRWID) waste water survey and compliance with all waste water system protection requirements stemming from the survey finding that waste water system protection mitigates impact to the system. No on-site grease disposal or food disposal into the waste water system. Installation of a grease trap and sampling manhole for sewer system protection based on the laundromat land use.

• Installation of business signage only upon review and approval by the Price City Planning Department finding that properly reviewed and approved business signage promotes commercial activity and is consistent with the Price City General Plan.

• Review of all firearms and ammunition storage and security by the Price City Police Chief and compliance with all safety recommendations stemming from the review finding that properly reviewed, stored and maintained firearms mitigate the potential for theft or other crimes.

o Maintain valid registration with the State of Utah/Federal as a firearms dealer, if applicable. • Inspection of the building for safety by the Price City Building Inspector and Price City Fire Chief and

compliance with all safety recommendation stemming from the inspection finding that reviewed, inspected and updated buildings protect the health, safety and welfare of the community.

o Any building renovations to be completed under the auspices of a Price City Building Permit and inspection.

• Maintain all business registrations and licensing, as applicable, finding that properly registered and licensed businesses improved commercial and economic activity.

o Price City Business License. o State of Utah Sales Tax Registration and Submission.

• No loitering in the vicinity of the building finding that restricted loitering mitigates the potential for negative impact to surrounding structures and property.

• No smoking compliance with the Utah Indoor Clean Air Act finding that restricted smoking mitigates the potential for negative health impacts to persons conducting business at the location.

• No conditions at the property or structure that violate the Price City Property Maintenance Code finding that properly maintained properties and structures mitigates impacts to property values and is consistent with the Price City General Plan.

ACCEPTANCE: The applicant acknowledged that he is aware of the conditions of approval, understands the conditions of approval and intends to comply with the conditions of approval. MOTION. Commissioner Root moved to recommend that the Price City Council provide final approval of a Conditional Use Permit (CUP) for Marty S. Robbins to locate a hobby shop, pawn shop and arcade, and laundromat land use at 828 East Main Street in an existing building within the Commercial 1 (C-1) zoning district. Motion seconded by Commissioner Sacco and carried.

b. RESTAURANT WITHOUT ALCOHOL SALES - Consideration and possible approval of a conditional use permit for a restaurant without alcohol sales to be reestablished at 40 W Main St. within the Commercial 1 zoning district, Tony Siaperas. A Conditional Use Permit (CUP) application was submitted by Tony Siaperas to (re)locate a restaurant business at

40 West Main Street in an existing building within the Commercial 1 (C-1) zoning district. The prior land use and building occupancy expired due to vacancy of the premises for over 365 days necessitating the need to complete the CUP application and potential approval process again. The general land use evaluation criteria is listed in Section 11.1 of the Price City Land Use Management and Development Code (Code) and the specific land use evaluation criteria/land use checklist is listed in Section 11.1.m of the Code. The applicable land uses is Eating Places – Food Consumed on Premises, a conditional use based on Section 11.3.4.14 of the Code.

Orlando LaFontaine appeared on behalf of Tony Siaperas and represented himself as having authority to act on behalf of the applicant, Mr. Siaperas.

The Planning Commission thoroughly discussed the land use(s) with the applicant. The Planning Commission also reminded and made very clear to Mr. LaFontaine that alcohol sales are not authorized as part of this permit. Should the applicant choose to serve alcohol a separate Price City license application, local consent and a State of Utah license are required. Chairman Oliver read aloud the following conditions of approval:

• Complete any and all Southeast Utah District Health Department (Department) physical facility inspection requirements prior to commencement of business and certification of all employees and staff with the Department food handler safety program finding that properly inspected facilities and certified staff mitigates the potential for food related sickness and protects the health, safety and welfare of the community.

• Procurement of a Price City business license for operation of the business at the location finding that properly licensed and permitted businesses protect the health, safety and welfare of the community.

• No sales or service of alcohol at the location finding that no local application has been submitted for consideration of alcohol sales, no local consent has been applied for or provided for alcohol sales and Price City has not received a copy of any State of Utah alcohol permit or application.

• 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 Completion of a Price River Water Improvement District (PRWID) waste water survey, if necessary, and compliance with all waste water system protection requirements stemming from the survey including grease trap requirements.

Service frequency and capacity of grease trap to mitigate waste water system impacts for restaurant operation.

• Inspection of the structure by the Price City Building Inspector and Price City Fire Chief prior to occupancy and compliance with all safety recommendation stemming from the inspection finding that compliance with safety recommendations protects the health, safety and welfare of the community.

o Completion and verification of all building safety matters as directed by the Price City Building Inspector and Price City Fire Chief. Engineering documents may be required.

o Occupant load limits at restaurant no to exceed the safe limit set by the Price City Building Inspector and Price City Fire Chief.

• All building renovation to be completed under the auspices of a Price City Building Permit finding that properly permitted and inspected commercial building improvements and renovations protect the health, safety and welfare of the community.

• Business signage plan submitted to the Price City Planning Department prior to installation for review and potential approval finding that properly reviewed and authorized commercial signage promotes increased commercial activity and is consistent with the Price City General Plan.

• All employee and owner parking to be off-street in the mid-block lot to the north of the building finding that increased on-street parking in the downtown area promotes commercial activity and is consistent with the Price City General Plan.

• Business garbage and rubbish collection to be maintained in a screened enclosure and conducted with a service frequency to prevent accumulations of garbage or rubbish in the community finding that controlled garbage and rubbish disposal prevents negative aesthetic conditions and wind scatter of garbage and rubbish.

• No conditions at the property or structure that violate the Price City Property Maintenance Code finding that properly maintained properties and structures mitigates impacts to area property values and is consistent with the Price City General Plan.

ACCEPTANCE: Mr. LaFontaine, on behalf of Mr. Siaperas, acknowledged that he and the applicant are aware of the conditions of approval, understands the conditions of approval and intends to comply with the conditions of approval. Mr. LaFontaine will advise Mr. Siaperas that he needs to arrange to sign the Conditional Use Permit prior to it becoming effective. MOTION. Commissioner Sacco moved to recommend that the Price City Council provide final approval of a Conditional Use Permit for a restaurant without alcohol sales to be reestablished at 40 W Main St. within the Commercial 1 zoning district. Motion seconded by Commissioner Young and carried.

7. UNFINISHED BUSINESS – Nick Tatton reminded the Commissioners of the Price City Planning and Zoning Commisstion Training Retreat scheduled for December 12, 2017. RSVP by calling Sherrie Gordon. Meeting adjourned at 6:48 p.m. pursuant to a motion by Commissioner Young. Motion seconded by Commissioner Evans and carried. APPROVED: _________________________ ATTEST: ________________________________ Chairman, Robert Oliver 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