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 11/07/2016

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. ADMINISTRATIVE SERVICES AND DAY PROGRAMMING FOR DISABLED ADULTS LAND USE - Consideration and possible approval of a conditional use permit to locate a day program for disabled adults at 453 S Carbon Avenue within the Commercial 1 zoning district called America Supports One, Sara Norton. b. SENIOR LIVING COMPLEX - Consideration and possible concept approval only of a senior living complex land use located at 100 N Fairgrounds Road, PMJ Properties, LLC., Erick Mortensen, Jon Pressett, Kelly Jensen. c. SODA BUSINESS WITH DRIVE UP - Consideration and possible approval of a soda business with drive up window called Sodalicious, located at 97 E 100 N, within the Commercial 1 zoning district, Chad Carlson.

1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. MINUTES of October 24, 2016 - 4. PUBLIC COMMENT ON AGENDA ITEMS 5. CONDITIONAL USE PERMIT

6. UNFINISHED BUSINESS

“DRAFT”

PRICE CITY PLANNING AND ZONING MEETING MINUTES OF OCTOBER 24, 2016

PRESENT: Commissioners: Jan Young Nick Tatton-Community Director via Electronic Communications Nancy Bentley Sherrie Gordon-City Recorder Todd Thorne Dale Evans Judy Beacco Erroll Holt EXCUSED: Commissioner Oliver, Commissioner Sacco and Commissioner Root OTHERS PRESENT: Shermy McEvoy, Kathy Hanna-Smith, Nick Madrigal, Wayne Clausing, and Elise Lott 1. In the absence of Chairman Oliver and Vice Chair Sacco, Commissioner Evans 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 OF September 26, 2016 –

MOTION. Commissioner Bentley moved to approve the minutes of September 26, 2016 as presented. Motion seconded by Commissioner Thorne and carried.

4. PUBLIC COMMENT ON AGENDA ITEMS – No public comment was received on any of the items. 5. CONDITIONAL USE PERMIT a. SODA BUSINESS WITH DRIVE UP - Consideration and possible approval of a soda business with drive up window called Sodalicious, located at 97 E 100 N, within the Commercial 1 zoning district, Chad Carlson.

MOTION. Commissioner Bentley moved to strike Item 5. a. from the agenda until such time as Mr. Carlson or his representative is able to be present to represent the application. Motion seconded by Commissioner Young and carried. Elise Lott, Mr. Carlson’s representative, arrived at the meeting subsequent to the above action. MOTION. Commissioner Bentley moved to return Item 5. a. back onto the agenda and review the Sodalicious application with the representative. Motion seconded by Commissioner Thorn and carried. A Conditional Use Permit (CUP) application was submitted by Chad Carlson, 100 North, LLC, for a business called Sodalicious to be located at 97 E 100 N within the Commercial 1 (C-1) zoning district. The general evaluation criteria for the land use is in Section 11.1 of the Price City Land Use Management and Development Code (Code), the specific land use evaluation criteria/land use checklist is in Section 11.1.m of the Code. The applicable land uses are: (1) Candy, nuts, confectionary, Code Section 11.3.4.4, a permitted use in the C-1 zoning district; (2) Drive In Restaurants, Code Section 11.3.4.12, a conditional use in the C-1 zoning district; and, (3) Eating Places-Food Consumed on Premises, Code Section 11.3.4.14, a conditional use in the C-1 zoning district.

The project was discussed in detail with the applicant’s representative to ensure understanding of the land use requirements and conditions and the development schedule. They also discussed the following: business signage and way-finding signage; parking lot re-orientation and restriping, and restrictions on prepared food (no hood or grease trap):

• Remove not more than four (4) parking spaces from the overall site to accommodate the drive-up window finding that changes in the business mix at the overall site have reduced the parking need by four (4) parking spaces.

o Restriping of parking lot to clearly identify drive-up lane and all parking required. • Placement of reflective indicators on utility pole adjacent to identified business ingress point to mitigate

potential vehicle/pole collisions finding that the ingress is narrow and the utility pole is very close to the ingress.

o Coordinate the enclosure or other treatment of the gap immediately to the west of the ingress in the gutter overshot with the Price City Public Works Department to prevent accident or injury.

• Submission of business and way-finding signage to the Price City Planning Department prior to installation for potential approval finding that properly reviewed and approved signage increased commercial activity in the community.

• No food prep on-site that requires cooking or grease finding that no commercial kitchen equipment is in place including a grease/smoke hood and no waste water grease trap or sampling manhole is present to protect the waste water system.

• Garbage dumpster to be maintained in an enclosed area and serviced at a frequency to prevent nuisance odors in the area finding that prevention of accumulations of garbage and odors is in the best interest of the community.

• Maintain or increase the existing minimum five percent (5%) landscaping at the overall site finding that properly landscaped commercial businesses and corridors improves the community aesthetic and is consistent with the goals in the Price City General Plan.

• Complete and submit a Price River Water Improvement District (PRWID) waste water survey finding that properly understood waste water discharges mitigate negative impacts to the waste water collection system.

• All renovations and construction work at the business location to be completed under the auspices of a Price City Building Permit and building inspection finding that properly permitted and inspected building alterations protect the health, safety and welfare of the community.

• Procurement of a Price City Business License prior to business operation finding that properly licensed business increase the commercial activity in the community.

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

The discussion also included the following public safety concerns; ingress/egress on entrance, street traffic, three approaches on 1st East, two utility poles on the property, bathroom accessibility, and adequate parking. MOTION. Commissioner Bentley moved to table Item 5. a. and recommend that Sodalicious, Chad Carlson, pay all Planning and Zoning fees currently due, pay the Business License fee currently due, and submit updated or clarified information regarding the submitted site plan for a Conditional Use Permit and a business license application first. The Planning and Zoning Commission may move forward with additional review and recommendations. Motion seconded by Commissioner Young and carried.

b. VEHICLE ACCESSORY AND CUSTOMIZATION LAND USE - Consideration and possible approval of a vehicle accessory and customization land use located at 410 East Main Street within the Commercial 1 zoning district called Rusty Fork, Nick Madrigal.

A Conditional Use Permit (CUP) application was submitted by Nick Madrigal to locate a vehicle accessory and customization business at 410 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: parts sales, Code Section 11.3.4.1.5, a permitted use; tires/batteries/accessories, Code Section 11.3.4.41, a permitted use; and, repair services, Code Section 11.3.5.6, a conditional use.

The Planning Commission held a detailed discussion with the application. The applicant was reminded that no oil or solvents can be used due to no grease trap and sampling manhole. At the conclusion of the discussion Commissioner Evans read aloud the following conditions of approval:

• Maintain all parking lot and area lighting to be 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.

• Ensure no vehicle parking beyond the safe capacity of the parking lot and no on-street parking or parking/displays in the parking strip finding that restricted parking mitigates the potential for vehicle and pedestrian accidents.

o Minimum of seven (7) off-street open parking spaces for employees and visitors based on the requirement of Section 6.4.15 of the Code.

• 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 compliance with all safety recommendation stemming from the inspection finding that compliance with safety recommendations protects the 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 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.

• 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.

ACCPETANCE: 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 Bentley moved to recommend the Price City Council provide final approval of a Conditional Use Permit (CUP) application submitted by Nick Madrigal to locate a vehicle accessory and customization business at 410 East Main Street in an existing building within the Commercial 1 (C-1) zoning district. Motion seconded by Commissioner Young and carried.

c. SENIOR LIVING COMPLEX - Consideration and possible concept approval only of a senior living complex land use located at 100 N Fairgrounds Road, PMJ Properties, LLC., Erick Mortensen, Jon Pressett, Kelly Jensen.

MOTION. Commissioner Beacco moved to table Item 5. c. from the agenda until such time as Mr. Mortensen, Mr. Pressett and Mr. Jensen are able to be present to represent the application. Motion seconded by Commissioner Thorne and carried.

6. UNFINISHED BUSINESS - No unfinished business discussed. Meeting adjourned at 6:34 p.m. pursuant to a motion by Commissioner Young. Motion seconded by Commissioner Bentley and carried. APPROVED: _________________________ ATTEST: ______________________________________ Commissioner Dale Evans City Recorder, Sherrie Gordon

MayorJOE L PICCOLO

City AttorneyNICK SAMPINOS

Community DirectorNICK TATTON

City RecorderSHERRIE GORDON

Public Works DirectorMILES NELSON

DATE: OCTOBER 20TH, 2016

TO: PRICE CITY PLANNING & ZONING COMMISSION

FROM: NICK TATTONPRICE CITY

RE: DISABLED ADULTS DAY PROGRAM OFFICE –FINAL APPROVAL

Please find attached a Conditional Use Permit (CUP) application a submitted by Sarah Norton tolocate an office for administration of programming for day services for disabled adults calledAmerica Supports One, LLC., at 453 S Carbon Avenue within the Commercial 1 (C-1) zoningdistrict. The general land use evaluation criteria is listed in Section 11.1 of the Price City LandUse Management and Development Code (Code), the specific land use evaluation criteria/landuse checklist is in Section 11.1.m of the Code, the land uses are as follows:

Public, private, or quasi-public social services administration and activity, Conditionalland use, Code Section 11.3.5.41;

Special training and schooling, Conditional land use, Code Section 11.3.10.3.1; Welfare and charitable services, Conditional land use, Code Section 11.3.10.4.2

It is the recommendation of staff to review the operation of the business with the applicantincluding the site plan elements from the checklist. It should be confirmed with the applicantthat the location is approved for day programming and administration only, any other land usesor operations may require additional application, consideration and possible approval.

RECOMMENDED MOTION(S): Move to recommend final approval for Sarah Norton, America Supports One, LLC. to

locate at 453 S Carbon Avenue within the Commercial 1 (C-1) zoning district based uponthe general land use evaluation criteria listed in Section 11.1 of the Price City Land UseManagement and Development Code (Code), the specific land use evaluationcriteria/land use checklist in Section 11.1.m of the Code, the conditional land uses of: (1)Public, private, or quasi-public social services administration and activity, Code Section11.3.5.41; (2) Special training and schooling, Code Section 11.3.10.3.1; (3) Welfare andcharitable services, Code Section 11.3.10.4.2, and subject to the following conditions ofapproval:

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 HOLD

ALTERNATE: TODD THORNE

o No parking or storage of commercial vehicles, equipment, trailers at site or on-street finding that restricted parking and storage mitigates the potential for vehicleor pedestrian accidents.

o All garbage, rubbish and debris to be deposited in a qualified garbage dumpster orcanister and serviced at a frequency to prevent accumulations of garbage, rubbishand debris or wind scatter of garbage, rubbish and debris finding that containedgarbage, rubbish and debris is consistent with the Price City General Plan.

o Procurement of a building permit for any building modifications/renovationsfinding that properly permitted and inspected commercial buildingmodifications/renovations protect the health, safety and welfare of thecommunity.

o Inspection of the location by the Price City Building Inspector and Price City FireChief for safety and compliance with all recommendations stemming from theinspections finding that inspected structures protect the health, safety and welfareof the community.

o Submission and review of all business signage prior to installation to the PriceCity Planning Department finding that properly reviewed and approvedcommercial signage is consistent with the Price City General Plan.

o Procurement of a Price City Business license finding that all businesses must havecurrent Price City Business Licenses to operate legally within Price City.

o No land use activity at the location not specifically approved herein finding thatadditional business activities or land uses may require additional conditional usepermitting. No overnight residential occupancy at the site.

a. No condition at the property or structure that violation the Price City PropertyMaintenance Code finding that properly maintained properties and structuresprotect area property values and is consistent with the Price City General Plan.

c. Move to acknowledge that the applicant, applicants agents and representatives, are awareof the conditions of approval, understand the conditions of approval and intend to complywith the conditions of approval.

America Supports OneSarah Norton

453 S Carbon AvenueCommercial 1 (C-1) Zoning District

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 a y - S e r v i c e sP r o g r a m f o r D i s a b l e d A d u l t s L o c a t e d

A t 4 5 3 S C a r b o n A v e n u e , 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

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 LOCATING OF A DAY PROGRAM SUPPORT BUSINESS FOR DISABLED ADULTS AT 453 SCARBON AVNEUE WITHIN THE COMMERCIAL 1 ZONING DISTRICT.

Purpose: the purpose of this agreement is to establish the terms and conditions of an agreement between Price City andSARAH NORTON, regarding the conditions of land use associated with Price City Land Use Management andDevelopment Code (Code) as it is associated with AMERICA SUPPORTS ONE, LLC., SARAH NORTON.

Parties: this agreement is made by and between Price City (City), 185 East Main Street, Price, Utah 84501 and SARAHNORTON, (Applicant), for the property located at 453 S CARBON AVENUE.

Term: the term of this agreement commences on November 7th, 2016 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 requirementsand other state, federal or local permitting.

The parties identified above hereby agree to the following:

Applicant Shall: No parking or storage of commercial vehicles, equipment, trailers at site or on-street finding that restricted

parking and storage mitigates the potential for vehicle or pedestrian accidents. All garbage, rubbish and debris to be deposited in a qualified garbage dumpster or canister and serviced at a

frequency to prevent accumulations of garbage, rubbish and debris or wind scatter of garbage, rubbish and debrisfinding that contained garbage, rubbish and debris is consistent with the Price City General Plan.

Procurement of a building permit for any building modifications/renovations finding that properly permitted andinspected commercial building modifications/renovations protect the health, safety and welfare of the community.

Inspection of the location by the Price City Building Inspector and Price City Fire Chief for safety andcompliance with all recommendations stemming from the inspections finding that inspected structures protect thehealth, safety and welfare of the community.

Submission and review of all business signage prior to installation to the Price City Planning Department findingthat properly reviewed and approved commercial signage is consistent with the Price City General Plan.

Procurement of a Price City Business license finding that all businesses must have current Price City BusinessLicenses to operate legally within Price City.

No land use activity at the location not specifically approved herein finding that additional business activities orland uses may require additional conditional use permitting.

o No overnight occupancy at location permitted. No condition at the property or structure that violation the Price City Property Maintenance Code finding that

properly maintained properties and structures protect area property values and is consistent with the Price CityGeneral Plan.

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:

SASRAH NORTON

ATTEST:

Sherrie Gordon, City Recorder

MayorJOE L PICCOLO

City AttorneyNICK SAMPINOS

Community DirectorNICK TATTON

City RecorderSHERRIE GORDON

Public Works DirectorMILES NELSON

DATE: OCTOBER 6TH , 2016

TO: PRICE CITY PLANNING & ZONING COMMISSION

FROM: NICK TATTONPRICE CITY

RE: SENIOR LIVING CENTER DEVELOPMENT

Please find attached a Conditional Use Permit (CUP) application submitted by Erick Mortensen,Jon Pressett and Kelly Jensen (PMJ Properties LLC.) to develop and locate an senior livingproject at 100 N Fairgrounds Road (new address assignment) within the Commercial 1 (C-1)zoning district. The land use evaluation criteria for the C-1 zone district are in Section 11.1 ofthe Code and the specific land use evaluation criteria/land use checklist for the C-1 zone districtare in Section 11.1.m of the Code. The actual land use, Assisted Living Facility, is conditionaland listed in Section 11.3.2.1.5.7 of the Code, Single or Multiple Housing is also a conditionaluse and listed in Section 11.3.2.1.3.1 of the Code.

It is the recommendation of staff to thoroughly discuss the land use and development plan withthe applicant and provide concept approval only at this time. A pre-application anddevelopment meeting was held between the developer and Price City on 12-17-15; a copy ofthose meeting notes are included for reference. Safety matters as they relate to the canal and cliffaccess and Fairgrounds road ingress/egress should be discussed.

RECOMMENDED MOTION(S):1. Move to provide concept approval only for an Assisted Living Facility to be located at

100 N Fairgrounds Road within the Commercial 1 (C-1) zoning district as applied for byPMJ Properties, LLC. based on the general land use evaluation criteria for the C-1 zonedistrict in Section 11.1 of the Code and the specific land use evaluation criteria/land usechecklist for the C-1 zone district in Section 11.1.m of the Code, and the conditional landuse, Assisted Living Facility, listed in Section 11.3.2.1.5.7 of the Code, Single orMultiple Housing also a conditional use and listed in Section 11.3.2.1.3.1 of the Code,and subject to the following conditions of concept approval:

a. No development considered or approved beyond the identified project boundaryconcept plan submitted on the parcel, particularly to the north finding thatadditional slope stability and canal access mitigations may be required.

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

i. North development boundary line to be indicated on final site plan andidentified as limit of development and approval.

b. Final comprehensive final civil site plan set to be prepared and submitted to PriceCity consistent with the concept site plan submitted and considered herein, and toinclude the following elements as discussed and required:

i. Utility connections for water, sewer, electric, natural gas detailed (size,location, etc.) including any required sampling manholes and grease traps.

1. Procurement and submission of capacity and willingness to serveletters from each utility provider.

2. Provide electrical load sheet to Price City electric department.3. Utilities crossing under the canal to be in casings.

ii. Fencing or other appropriate mitigation measure(s) or buffer to restrictcanal and cliff access to the east by residents and visitors.

iii. Review of development in detail with the Price City Fire Chief andinstallation of fire safety water lines and internal hydrants as required.Locations to be indicated on final site plan.

iv. Minimum of thirty (30) off street parking spaces, including ADA spaces,to accommodate up to ten (10) units plus staff at building at site.Consistent with Chapter 6 of the Code and as indicated on the concept siteplan submitted.

1. Parking lot and exterior area lighting to be high efficiency LEDfixtures. Parking lot and exterior area lighting to be angled,shielded or on timers to not negatively impact neighboringresidential uses with light transference.

2. Ingress/egress to Fairgrounds Road to be a minimum of thirty feet(30’) in width and clearly identified.

3. No sight line visibility impediments by signage or landscaping thatmay limit vehicular or pedestrian traffic safety within twenty feet(20’) of Fairgrounds Road right-of-way.

v. Garbage dumpster to be located and identified on final site plan inscreened enclosure with gates. Service frequency to preventaccumulations of garbage, rubbish, debris and wind scatter thereof.Garbage dumpster situated to allow garbage truck access mitigating thepotential for accidents and collisions.

vi. Detail on curb, gutter, sidewalk, street light, and other public infrastructureinstallations.

vii. Indicate minimum of 5% of area landscaping on site plan. All landscapingto be water wise.

viii. Indicate locations of business and internal way-finding signage proposedon final site plan.

c. Completion of a geotechnical study and submission of the study to the Price CityEngineer for review and concurrence and potential further developmentrequirements and recommendations.

d. Completion of a storm water management plan and submission of the plan to thePrice City Engineer for review and concurrence and potential further developmentrequirements and recommendations including on site detention.

i. Storm water management plan to manage a 100-year storm event.e. Completion of a private utility agreement with the Price City public works

department, as required and if required, as it relates to culinary water connectionand service.

i. If interconnection between Price City and PRWID water systems isincluded, connections and interconnect matters to be approved by bothPRWID and Price City Engineering Department.

f. Completion of a public infrastructure development agreement with the Price Citypublic works department, as required and if required, as it relates to theinstallation of public infrastructure associated with the development andsubmission of the required financial surety as required.

i. Possible delayed installation on some elements of public infrastructure ifnegotiated, arranged and approved by the Price City Engineer.

g. Completion of a Price River Water Improvement District (PRWID) waste watersurvey and submission of the survey to PRWID with a copy to Price City.

h. Submission of building construction plans to the Price City building departmentfor review and approval. All construction to be completed under the auspices of aPrice City building permit.

i. Building plans to be consistent with IBC 2015.ii. Building plans consistent with all fire safety requirements by the Price

City Fire Chief and State Fire Marshall.i. Notification, in writing, and copy to Price City, to the Carbon Canal Company of

development plans, schedules consistent with HB 298, 2010. Notification toinclude details for utility crossings of the canal right-of-way.

j. Identification and recording of any necessary easements including water lines,storm water drainage, electrical lines, fire-line access, etc.

k. Application and receipt of Price City business license prior to opening andoperation at site.

l. Business signage to be submitted to the Price City planning department for reviewand potential approval prior to installation.

m. Completion and submission of a preliminary environmental site review consistentwith Section 3.3.3 of the Code and any mitigation plans for conditions noted.

2. Move to acknowledge that the applicant, applicants agents and representatives, are awareof the conditions of approval, understand the conditions of approval and intend to complywith the conditions of approval.

Jon Pressett Assisted Living100 N Fairgrounds Road

Commercial 1 (C-1) Zoning District

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100 N O R T H FAIR GR O U N DS R O AD

P R ICE,U T AH 84501

MayorJOE L PICCOLO

City AttorneyNICK SAMPINOS

Community DirectorNICK TATTON

City RecorderSHERRIE GORDON

Public Works DirectorGARY SONNTAG

DATE: AUGUST 23, 2016

TO: PRICE CITY PLANNING & ZONING COMMISSION

FROM: NICK TATTON, PRICE CITY

RE: CUP - SODA BUSINESS

Please find attached a Conditional Use Permit (CUP) application submitted by Chad Carlson,100 North, LLC., for a business called Sodalicious to be located at 97 E 100 N within theCommercial 1 (C-1) zoning district. The general evaluation criteria for the land use is in Section11.1 of the Price City Land Use Management and Development Code (Code), the specific landuse evaluation criteria/land use checklist is in Section 11.1.m of the Code. The applicable landuses are: (1) Candy, nuts, confectionary, Code Section 11.3.4.4, a permitted use in the C-1zoning district; (2) Drive In Restaurants, Code Section 11.3.4.12, a conditional use in the C-1zoning district; and, (3) Eating Places-Food Consumed on Premises, Code Section 11.3.4.14, aconditional use in the C-1 zoning district.

It is the recommendation of staff to discuss the land use and development schedule with theapplication in sufficient detail to recommend final approval of the land use to the Price CityCouncil. Recommended items to discuss with the applicant include: business signage and way-finding signage; parking lot re-orientation and restriping, and restrictions on prepared food (nohood or grease trap).

RECOMMENDED MOTION(S):1. Move to recommend the Price City Council provides final approval for the land use of

soda restaurant based on the Conditional Use Permit (CUP) application submitted byChad Carlson, 100 North, LLC., for a business called Sodalicious to be located at 97 E100 N within the Commercial 1 (C-1) zoning district, based upon the general evaluationcriteria for the land use in Section 11.1 of the Price City Land Use Management andDevelopment Code (Code), the specific land use evaluation criteria/land use checklist inSection 11.1.m of the Code, the land uses of: (1) Candy, nuts, confectionary, CodeSection 11.3.4.4, a permitted use in the C-1 zoning district; (2) Drive In Restaurants,Code Section 11.3.4.12, a conditional use in the C-1 zoning district; and, (3) EatingPlaces-Food Consumed on Premises, Code Section 11.3.4.14, a conditional use in the C-1zoning district, and subject to the following conditions of approval:

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

a. Removal of not more than four (4) parking spaces from the overall site toaccommodate the drive-up window finding that changes in the business mix at theoverall site have reduced the parking need by four (4) parking spaces.

i. Restriping of parking lot to clearly identify drive-up lane and all parkingrequired.

b. Placement of reflective indicators on utility pole adjacent to identified businessingress point to mitigate potential vehicle/pole collisions finding that the ingressis narrow and the utility pole is very close to the ingress.

i. Coordinate the enclosure or other treatment of the gap in the gutterovershot immediately to the west of the ingress with the Price City PublicWorks Department to prevent accident or injury.

c. Submission of business and way-finding signage to the Price City PlanningDepartment prior to installation for consideration, review and potential approvalfinding that properly reviewed and approved signage increased commercialactivity in the community.

d. No food prep on-site that requires cooking or grease finding that no commercialkitchen equipment is in place including a grease/smoke hood and no waste watergrease trap or sampling manhole is present to protect the waste water system.

e. Garbage dumpster to be maintained in an enclosed area and serviced at afrequency to prevent nuisance odors in the area finding that prevention ofaccumulations of garbage and odors is in the best interest of the community.

f. Maintain or increase the existing minimum five percent (5%) landscaping at theoverall site finding that properly landscaped commercial businesses and corridorsimproves the community aesthetic and is consistent with the goals in the PriceCity General Plan.

g. Completion and submission of a Price River Water Improvement District(PRWID) waste water survey finding that properly understood waste waterdischarges mitigate negative impacts to the waste water collection system.

h. All renovations and construction work at the business location to be completedunder the auspices of a Price City Building Permit and building inspection findingthat properly permitted and inspected building alterations protect the health,safety and welfare of the community.

i. Procurement of a Price City Business License prior to business operation findingthat properly licensed business increase the commercial activity in thecommunity.

j. No conditions at the property or structure that violate the Price City PropertyMaintenance Code finding that properly maintained properties and structuresprotect area property values and is consistent with the Price City General Plan.

2. Move to acknowledge that the applicant, applicant’s agents and representatives, areaware of the conditions of approval, understand the conditions of approval and intend tocomply with the conditions of approval.

SodaliciousChad Carlson97 E 100 N

Commercial 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 PLACEMENTOF A SODA BUSINESS WITH DRIVE UP WINDOW CALLED SODALICIOUS AT 97 EAST 100 NORTH WITHIN THE

COMMERCIAL 1 ZONING DISTRICT.

Purpose: the purpose of this agreement is to establish the terms and conditions of an agreement between Price City and CHADCARLSON, SODALICIOUS, regarding the conditions of land use associated with Price City Land Use Management andDevelopment Code (Code) as it is associated withPurpose: the purpose of this agreement is to establish the terms and conditions of an agreement between Price City and CHADCARLSON, SODALICIOUS.

Parties: this agreement is made by and between Price City (City), 185 East Main Street, Price, Utah 84501 and CHAD CARLSON,(Applicant), for the property located at: 97 EAST 100 NORTH.

Term: the term of this agreement commences on SEPTEMBER 12TH, 2016 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: Remove not more than four (4) parking spaces from the overall site to accommodate the drive-up window finding that

changes in the business mix at the overall site have reduced the parking need by four (4) parking spaces.o Restriping of parking lot to clearly identify drive-up lane and all parking required.

Placement of reflective indicators on utility pole adjacent to identified business ingress point to mitigate potentialvehicle/pole collisions finding that the ingress is narrow and the utility pole is very close to the ingress.

o Coordinate the enclosure or other treatment of the gap immediately to the west of the ingress in the gutter overshotwith the Price City Public Works Department to prevent accident or injury.

Submission of business and way-finding signage to the Price City Planning Department prior to installation for potentialapproval finding that properly reviewed and approved signage increased commercial activity in the community.

No food prep on-site that requires cooking or grease finding that no commercial kitchen equipment is in place including agrease/smoke hood and no waste water grease trap or sampling manhole is present to protect the waste water system.

Garbage dumpster to be maintained in an enclosed area and serviced at a frequency to prevent nuisance odors in the areafinding that prevention of accumulations of garbage and odors is in the best interest of the community.

Maintain or increase the existing minimum five percent (5%) landscaping at the overall site finding that properly landscapedcommercial businesses and corridors improves the community aesthetic and is consistent with the goals in the Price CityGeneral Plan.

Complete and submit a Price River Water Improvement District (PRWID) waste water survey finding that properlyunderstood waste water discharges mitigate negative impacts to the waste water collection system.

All renovations and construction work at the business location to be completed under the auspices of a Price City BuildingPermit and building inspection finding that properly permitted and inspected building alterations protect the health, safetyand welfare of the community.

Procurement of a Price City Business License prior to business operation finding that properly licensed business increase thecommercial activity in the community.

No conditions at the property or structure that violate the Price City Property Maintenance Code finding that properlymaintained properties and structures protect area property values and is consistent with the Price City General Plan.

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:

CHAD CARLSON

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 i v e - U p S o d aB u s i n e s s L o c a t e d A t 9 7 E a s t 1 0 0

N o r t h , 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