Combined Meeting for Planning Commission and Town Council
and Public Hearing Minutes
Wednesday, May 17, 2017, at 6:00 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, Utah
A quorum is present: Chairman Bunker and Commissioners Skinner, Binkerd, Rawlings, Norris when the meeting was called to order. Commissioner Weight arrived at 6:40 PM. Commissioner Grose was excused. Secretary Keary Stephens and Clerk Lynne Shindurling present to record the minutes.
Members of the Town Council present: Mayor Turner and Council members Bunker and Glodowski.
Members of the public in attendance: Ryan Taylor with GDA Engineers, Shelly Bunker, Brent Waterman, Ryan Simpson, J.R. Coleman, Adam Knight, Stefanie Grady, Mark and Jamie and Justin McAllister, David McCombs, Misty Giles, Jesse Mair, Mayloni Mair, Bailey Holmes, Debbie and Rick Walsh, Stephanie and Jim Woolstenhulme, Von Glasgow, Tricia Steiner, Terry Fabrizio, Kristine Bethers, Tim Bethers, Amanda Simpson, and Lou Giles.
1) WORK MEETING FOR FIRST HOUR DISCUSSING REVISION OF HOME OCCUPATION CODE 8.25
Director Bunker mentioned the last work meeting focused on a document created by Council member Blotter dealing with code 8.25. This work meeting will be spent reviewing a document produced by Brent Waterman. The chairman turned the floor over to Mr. Waterman.
To begin the discussion, Mr. Waterman stated he would recommend having a business license applicant begin the process by coming before the Planning Commission rather than the Town Council. He then read his Purpose and Definition.
Next was the 8.25.02, Approval Period. The last sentence here was changed, by Commissioner Rawlings, to: “When the use is allowed to lapse by the property owner, the ‘use’ can change,” rather than the zoning can change.
Mr. Waterman then read paragraphs 8.25.03, 8.25.04. 8.25.05, and 8.25.06 to the end of his document.
Mayor Turner asked Mr. Waterman about parameters, such as types of businesses allowed; boundaries of the specific property to be used for storage of business items, for example; types of vehicles allowed. Mr. Waterman replied the P.C. should consider each business individually and set their restrictions at the time of application, creating a contract between each business and the Town. He expressed his thought that all properties along the Highway 40 corridor will eventually be zoned as commercial property.
Mr. Waterman stated businesses operated with Wasatch County are also complaint driven and go along smoothly until a complaint is made.
Commissioner Binkerd stated the document is a good start and well stated, but she also feels more specifics need to be included so the code can be enforced by Town officials.
Commissioner Rawlings said businesses that were being conducted in the County before Daniel incorporated as a Town may have a right to continue their operations. The Town must be conscious of hard-working folks trying to make a living. He doesn’t want laws and fines put in place to create a hardship for people, but everyone needs to be courteous to their neighbors.
Shelly Bunker added people don’t want to be strictly regulated on business conducted on their personal property.
Commissioner Norris looked over those in attendance and said you guys know if you’re a fit for the Town or if you’re a nuisance to your neighbors. Let’s start simple and develop code as we go along.
Mr. McCombs asked the Boards if they have considered how many vehicles to allow per acre. Commissioner Weight mentioned code does address how many animals per acre but not vehicles. He’s not sure it is enforced as is. He’s concerned if the zoning laws are not upheld, there is no point in having zoning and smaller lots within Daniel will probably result. Commissioner Binkerd stated what worked in this area 30 years ago probably will not work once every five-acre tract within Daniel has a home and family on it.
Commissioner Rawlings asked if the home owner must be the business operator, thus restricting a renter from conducting business on the premises. The consensus was yes, as stated several places in the code being discussed. This is one parameter in place in the code. Hours of operation were suggested as 7:00 AM to 6:00 PM.
Director Bunker asked the Planning Commission to come up with some parameters to include in the code. These can be sent to Director Bunker before the next meeting. Commissioner Binkerd suggested that the P.C. take over discussion of this code on their own without the Town Council present, and then make a recommendation to the Council once they have created the code. This was agreed to by the Planning Commission. The next work meeting to discuss the 8.25 code will take place on June 21st at 6:00 PM as part of the June Planning Commission meeting, and will be so noticed for the public.
2) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
No one came forward with any comment.
3) PUBLIC HEARING ON BOUNDARY ADJUSTMENT WITH CHARLESTON AND DANIEL TOWN, ADOPTION OF ORDINANCE
Commission Binkerd moved to open the Public Hearing on the boundary adjustment with Charleston, which was seconded by Commissioner Norris. The motion passed unanimously and the Public Hearing was opened.
Director Bunker explained that Charleston accepted an annexation petition into their Town and, therefore, the boundary is being moved from the eastern edge of U.S. 189 to the center of the highway. Mr. Bunker then read a letter dated December 23, 2016, signed by both Mayor Bob Kowallis and Clerk Ramie Oakley, of Charleston Town, stating the agreement. Because the developer, Mike Petersen, would not adhere to the terms of the agreement, resolutions were passed by both Towns, followed by Public Hearings, Ordinances to be passed by the Town Board or Council which will be sent to the Lt. Governor’s Office for adjustment to the boundary. The Charleston ordinance was passed on May 4, 2017, a copy of which was provided to Director Bunker by Mayor Turner.
Commissioner Skinner moved to close the Public Hearing. The motion was seconded by Commissioner Binkerd and passed unanimously.
Back in the regular session of the meeting, Director Bunker asked for a motion from the Planning Commission to recommend adoption of the ordinance for boundary adjustment. Commissioner Weight moved to recommend passage of Ordinance 2017-03, not realizing this was the Charleston ordinance. Clerk Shindurling provided a copy of Daniel Ordinance DO 2017-05-17 to the Commission. Commissioner Weight amended his motion to recommend passage by the Town Council of Ordinance 2017-05-17, which was seconded by Commissioner Skinner.
Director Bunker read ordinance DO 2017-05-17. The members of the Council present voted unanimously to adopt the ordinance.
4) ZONE CHANGE REQUEST FOR MCALLISTERS ON HIGHWAY 40
Commissioner Binkerd moved to open it up to public comment, which was seconded by Commissioner Rawlings. The motion passed unanimously and opened up to the public.
Stephanie Woolstenhulme: She has concerns about the codes and McAllister’s bringing their shop up to those codes. She also understands that there is a petition started by the McAllisters being passed around Daniel and telling people that they are being kicked out. No one is trying to kick them out. As far as she knows, the neighbors don’t have a problem with him using it for his personal use as long as the dust is kept under control. Daniel Town commercial zone, 8-10-13 article #3, page 27, which states “No dust or vibrations or emissions will be permitted past the property boundary lines.” Mr. McAllister has not committed to hours of operation or the dust control. UDOT has not received a request for acquired access. To be brought up to code, they need to do the septic system, handicap restrooms, adequate water, fire hydrants, sprinkler system and landscaping. We need to take in consideration for the impact of the quality of life for the surrounding neighbors.
Debbie Walsh: She presented a petition signed by the tenants of the trailer park. She is concerned about accidents and the amount of dust.
Jamie McAllister: She stated that there will be no access to Mill Road so she sees no impact to the people living on Mill Road. They have been making improvements for the dust and the noise. They want to be good neighbors. They have put down gravel and asphalt. They have no plans to sell the property. They have been in business for 25 years and plan on their son continuing the business.
Commissioner Norris: Are all the signatures on the petition business owners in Daniel?
Jamie McAllister: Yes, they are.
Stephanie Woolstenhulme: We are opening a can of worms if we open up to commercial zones. There isn’t any problem with the continued use but she does not want to see it changed to commercial.
Misty Giles: She is confused about continued use.
Commissioner Bunker: Continued use stays the same, if the use changes then they need to meet the requirements for that use. All the concerns that have been brought up are all valid concerns but we are here for a Zone change.
Lou Giles: He was wondering about the continued use letter.
Rick Walsh: He is concerned about the noise of the trucks.
Shelly Bunker: She fought to keep the asphalt plant out and it happened anyway. A lot of people worked really hard to put the town together and their goal was to keep Heber City out. We are only town with low taxes. Wouldn’t it be nice to have those commercial zones to pay taxes? People don’t want it in their neighborhoods but it is ok in other neighborhoods. She didn’t want it in her neighborhood but she got it anyway. A new Town Council or Mayor could change everything. Here is the perfect place to put commercial zone. It can’t be in the middle of town. We have people that aren’t even in our town bringing in petitions from other people that are not in our town. We need to look at what the people in our town want. Where are we going to put it? It can’t be on our end of town, the airport is going in there.
Jessie Mair: Would like to see the commission come up with a map of the actual Commercial zone.
Commissioner Binkerd: Everyone has the right to request a zone change.
Commissioner Bunker: We have our Daniel Zone Establishment, Daniel Ordinance 2008-03-03D. General Plan, Land Use Plan, which all of this is available on the website.
Commissioner Bunker: How do you want to handle this? Do you want to vote on this tonight or continue until next meeting?
Commissioner Norris: I have a comment, do we look at this tonight or do we really need more time. There is talk about a lawyer and there could be considerable expense involved. Do we want to vote or need more time?
Commissioner Rawlings: If we vote on this and it gets turned down, is that the end of this? Could they petition again?
Commissioner Bunker: Absolutely, it could go to the Board of Adjustments and they could overrule the Planning Commission. But here again we are just voting on whether or not to recommend this to the Town Council for approval.
Commissioner Skinner: What is the advantage to you in changing this to commercial use?
Mark McAllister: Being able to work on outside trucks, not just our own. I am older and would like to be able to work on trucks and not have to drive.
Commissioner Weight: Correct me if I am wrong but this is how I understand this, Mark can continue as he is under the continued use. All the zone change does is says, this is commercial, we will allowed extended use if it meets all of the criteria that has been talked about tonight. So whether the zone change happens or not, Mark can continue doing what he is doing. Mark is trying to do this the right way.
Commissioner Skinner: Would like more time to review all the documents.
Commissioner Binkerd moved to recommend to the Town Council not to do the zone change. Motion died for lack of a second.
Commissioner Rawlings moved to continue this item to the next agenda. Commissioner Skinner second. Motion failed.
Motion restated:
Commissioner Rawlings moved to continue this item to the next agenda. Commissioner Skinner second. Motion passed with the following vote: “Aye” votes from Commissioners Norris, Skinner, Rawlings and Weight, a “nay” vote from Commissioner Binkerd.
5) GRESSMEN – SUBDIVISION ROAD UPDATE:
Working on road so they can apply for building permit and it is a standard road.
6) MCCOMBS – RESIDENTIAL BUILDING PERMIT UPDATE:
The reviews are still in progress. Ryan states that the plans look good.
Commissioner Weight moved to approve building permit when it has satisfactorily resolved all the issues. Commissioner Binkerd seconded. Vote was unanimous. Motion carried.
Clyde Building Permit:
Commissioner Weight motion to approve building permit on the condition that is passes all reviews and all the conditions found in the reviews. Commissioner Binkerd seconded. The vote was unanimous. Motion carried.
7) PLANNER REPORT:
Daniel Academy, applied for a remodel permit. They are requesting an additional 2 bedrooms and a bathroom. Plans are under review. They are moving it from the basement to the main floor.
Commissioner Weight moved that the Daniel Academy building permit go before the Daniel Planning Commission before it is approved. Commissioner Rawlings second. Vote was unanimous. Motion carried.
8) APPROVAL OF MINUTES FROM April 19, 2017:
Commissioner Skinner moved to approve the minutes from the April 19, 2017 meeting. Commissioner Norris second. Vote was unanimous. Motion carried.
9) ADJOURNMENT
Commissioner Rawlings moved to adjourn the meeting. Commissioner Rawlings Second. Vote was unanimous. Motion carried.
Meeting adjourned at 9:05 PM
Keary Stephens, Secretary
Lynne Shindurling, Town Clerk