Planning Commission minutes April 18, 2018

A quorum is present: Chairman Bunker and Commissioners Rawlings, McAllister, Weight, Binkerd, Norris, Skinner were present.
Members of the public in attendance: Kim Coburn and Ryan Taylor with GDA Engineers, Robert Armstrong, Mike Johnston, Samantha Moll, Phil Mattingley, Von Glasgow, James Woolstenhulme, Stephanie Woolstenhulme, Ryan Witt, Misty Giles, Dave Hicken, Mayloni Mair, Jessie Mair, Michael Mclean, Trish Steiner, Lew Giles, Nate Hortin, Shelly Bunker. Secretary Keary Stephens.

1. Public Comment concerning any Issue not on the Agenda.
No Comment.

2. Huntsman/Armstrong Zone Change Application R>A>5 to Commercial, 2879 S Mill Road.

Mike Johnston, Summit Engineering: He is presenting a presentation of the proposed change. It is between the properties of Mair, Woostenhulme, Hortin and Glasgow. They have been talking to Jesse Mair about changing property lines. They presented a map of enterprise zone which is property that is deemed no longer economically developed. They made a proposed change to the driveway of James Woolstenhulme. The Ideas that Mr. Armstrong has discussed is creating a space that will allow flexible use between a contractor, contracting warehouse, plumbing, electrical that need flexible space for their business.

Von Glasgow: A few years ago they tried to get this changed to commercial and it was denied because the entrance off of Mill road was a traffic hazard.

Lew Giles: I have just a question, the city has 300 ft, where is that 300 ft. McAllister has 240 ft so it would put it just a little into the property.

Samantha Moll: I have a couple of questions, I am not quite sure what it is you want to do, what type of commercial? Are you planning on bringing in big trucks?

Mr. Armstrong: I think a construction yard, were they could park their trucks and work on their trucks there.

Samantha Moll: 3000 South is already a highway and if you open it up to big trucks, they are not going to use HWY 40, they will use 3000 south. I am really concerned about the traffic on 3000 South.

Trisha Steiner: My concern is that my kids and the neighborhood kids cross back and forth right there and that is my main concern. The extra traffic is just an accident waiting to happen.

Stephanie Woostenhulme: 2009 we fought Sherry Sawdie over this change, what she said she was going to put there was a tree farm and what she really was going to put there was a gas station. Mr. Hortin bought that property and put his tree farm on it. His trucks come in early in the morning and you never hear them and they are gone by the time the kids go to school. My concern with this property is the traffic in and out and they are drill rigs and that is big trucks. The kids are all playing and it is not a place for commercial zone. Back in 2007 the enterprise zone was presented to the state unbeknown to the residents of that corner. It is not mandatory that this property be zoned commercial just because it is in the enterprise zone. Somewhere along the line, someone has this grandfather law because of the Webb Brothers and it is not. I know that they have changed property lines with Jesse Mair. My right of way easement was deeded by Mr. Webb in 1979. My easement has utility right of ways on both sides for Daniel Culinary, Daniel irrigation, Heber light and Power and the gas lines. It is not made for commercial vehicles to cross 24 7. I was told that when they put in the new pipe that it would not freeze, with trucks running over it I will have frost in the ground and you will never get my pipes thawed out. Our easement will not be changing and we need to protect our residential zoning and not change it to commercial. If you have an application, shouldn’t all these property lines be properly put in place before he files this application so all of us property owners know exactly what he is proposing? There are two different proposals.

Robert Armstrong: There is a window for Jesse Mair to decide on his property and this proposal.

Commissioner Binkerd: There is no window, we decide on the application that is before us right now and if the property lines change, that changes the application.

Stephanie Woolstenhulme: We don’t want commercial vehicles in our area. Mayor Duggin said “The primary reason for going to the trouble of incorporating and running our town, 2006, was to maintain a rural atmosphere. Most of us choose to live in the country on purpose.”

Robert Armstrong: I want to be a good neighbor. I want to work with you. I want to clean it up and plant some trees and make it look good.

Misty Giles: My question is, have you measured that 40 ft easement off HWY 40. Do you know exactly where that is? Where is that paper that shows that right of way? Will that be surveyed?

Nate Hortin: I bought the piece of property next to it to run my business. I don’t have kids playing out here. I know change is hard but we need places to run our businesses. I looked for 5 years to find that piece of property. I am a conformant of commercial areas and I think we can find a compromise.

Michael Mclean: I am curious as to why your business is the right one for that property? The problem is that zoning this commercial is that things change, you drop dead and then the family decides that they are not making enough money off that old business and they change it to something else. When you change the zoning to commercial, those of us that are residential have no way out of controlling what goes in there. Once it is there, suddenly all the promises from before, cost us legal fees. We do need to clean up that area. We need to clean up our area and make it better but I don’t see your business making my life and the lives of my neighbors better.

Commissioner Norris moved to send it the council for a public hearing. Commissioner Weight seconded it. Roll Call Vote, Commissioner McAllister Aye, Commissioner Weight Aye, Commissioner Binkerd Aye, Commissioner Rawlings Aye, Commissioner Norris Aye, Commissioner Skinner Aye. Motion carried.

3. Highway 40 Property – Zone Change (Mark McAllister)

Commissioner McAllister moved to continue to the next agenda. Commissioner Norris seconded it. Commissioner’s Weight, Binkerd, McAllister, Norris, Rawlings: Aye. Commissioner Skinner: Nay. Motion carried.

4. Annexation of Existing Parcels along Boundaries. Continued from March Planning Meeting.

The properties are along the North Border of Daniel. Half of the properties are in Daniel and the other are in the county.

Commissioner Rawlings moved that before we send a recommendation that we notify the property owners what it is that is being considered. Commissioner McAllister Seconded it. Commissioner Rawlings and McAllister: Aye. Commissioner’s Weight, Norris, Binkerd, Skinner: Nay. Motion failed

Commissioner Weight moved to recommend to the Town Council to look at annexing with notice going to the property owner’s before the public hearing. Commissioner Norris seconded it. Vote was unanimous. Motion carried.

5. Planner Report.

Reeder – Lot split Inquires, Brown – Water shares, 3 Farms, Van Wagener – Land use verification, Bether’s subdivision, T&T Transport – Land use inquires.

6. Approval of March 21, 2018 Minutes.

Commissioner Rawlings moved to approve minutes for the March 21, 2018 meeting. Commissioner Weight seconded. Vote was unanimous. Motion carried.

7. Motion to Adjourn

Commissioner Skinner moved to adjourn the meeting. Commissioner McAllister seconded it. Vote was unanimous. Motion carried.

Meeting adjourned at 9:04
Keary Stephens

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