Planning Commission minutes August 18, 2007

Town of Daniel

Daniel Planning Review Board Meeting

August 18, 2007

  1. The meeting was opened for public comment. There was none.
  2. The minutes for the June 20 meeting were reviewed by the

Quorum: Eric Bunker, Lynn Crisler, Diane Grose, Gar Walton. Eric Bunker called the meeting to order.

Board Members.

Motion – Diane Grose

To approve as written

Second – Lynn Crisler

Passed unanimous

The minutes for the July 18 meeting were reviewed by the board members.

Motion – Lynn Crisler

To approve

Second – Gary Walton

Passed unanimous

  1. Silver Spur Construction permit

Don McCandless, attorney for the developer, explained that they learned about the concerns at the last Town Council Meeting. He stated that they have addressed those concerns since that meeting and now wish to go through the process. He addressed the concern about Daniel residents having to connect to the sewer because of its proximity to their homes. He said the short answer was no and the state code does not apply.

Diane Grose asked about where the sewer line would be buried and why there. McCandless explained and she recalled that from the onset of this project nothing was supposed to encroach on Daniel. Brian Ball, from Summit Engineering, said that the process was started before Daniel was incorporated. He estimated the time the road would be tore up would be approximately 2 weeks and the road would be returned to Daniel standards.

Lynn Crisler stated that he was against this plan and asked if there was an alternate plan. Brian Ball answered there was not. He and Diane Grose explained that this was a sore spot ad we do not want to set a precedent. Gary Walton stated Daniel does not have an interlocal agreement.

Don McCandless addressed the issue of easements and explained that Orem is bordered by several towns and these issues come up all the time. He said there has never been a problem. He stressed that the Board must look at the law and base the decision on facts and that they were willing to work this out but would resort to litigation. He stated that statute and  case law would support them.

Gary Walton stated that Heber City knew about this and they have no representation at this meeting. Daniel does not have an interlocal agreement with Heber City.

Don McCandless stated that they have satisfied the cease and desist order and they would like a decision tonight. He continued that they had addressed all the items of concern and all they wanted was a grading permit and they don’t want to be held hostage.

The Board looked at the drawings.

Eric Bunker opened the meeting for public comment.

Scotty Halls, developer, stated that he feels bad about what has happened but the Board must realize that he has monetary obligations and they have been blindsided by this. He talked about how they have tried to make the subdivision more palatable to the residents by maintaining larger lots on the perimeter.

Stan Walton stated that the Town had to stop the excavator because he did not have a permit.

There was general discussion about how an interlocal is needed with Daniel and Heber City, and how the developers have been caught in the middle of Heber City and Daniel’s incorporation.

Gary Walton stated that including numbers 3, 5, 6, and 7.

Lynn Crisler – yea

Diane Grose – yea

Gary Walton – yea

  1. Motion – Gary Walton

To adjourn

Second – Lynn Crisler

Passed unanimous

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