Planning Commission minutes February 15, 2017

Daniel Town Planning Meeting

Combined Meeting with Council

Wednesday, February 15, 2017 at 7:00 PM

Wasatch County Services Building, Room 126

55 South 500 East, Heber City, UT


A quorum is present: Chairman Bunker, Commissioners Weight, Binkerd, Skinner and Rawlings are in attendance. Commissioners Grose and Norris are excused.

Members of the Town Council present: Mayor Turner, John Glodowski, and Jon Blotter are present.

Members of the Public present: Shelly Bunker, Kyle Turnbow of Epic Engineering, Ryan Taylor of GDA Engineering, Mark, Jamie and Justin McAllister, Kimball Strickland, Brent Waterman.

Meeting called to order at 7:05 p.m.

  1. Public comment concerning any issue not on the agenda

Kimball Strickland of Kimball Roofing located in the Daniel Plaza at 3400 South Highway 40 is requesting permits. It was decided to continue this request under item 2.

2.  Daniel Plaza – regarding certificate of occupancy review items.

Kimball Strickland of Kimball roofing located at the Daniel Plaza at 3400 South Highway 40. He talked about the three signs hanging at the top of his building. He requested to have three separate business licenses, one for each business and three sign permits. The lighting over the signs was very low keyed. Two of the businesses meet the town code but there is no specific code for Auto Sales. Commissioner Weight questioned why Auto Sales was not included in the code. Mayor Turner thinks it was discussed in the beginning when the codes were created for the Town and that it was grandfathered in. Commissioner Binkerd wondered if auto sales falls under code 5500.

Mr. Strickland was asked about parking spaces and explained that there were 24 stalls available in front of the building. Eight of 20 are available for customers. His employees can park on the side or behind the building leaving plenty of stalls for customers.  Ryan, the town engineer, of GDA Engineering said he wants to check with the Fire Marshall to be sure there is enough fire access and that it would meet with his approval.

Commissioner Binkerd moved to recommend to the Town Council, concerning the issuance of Business Licenses, that they be based on the permitted uses in the commercial zone codes 6416, 6390, and 5500 subject to, parking matrix approved, and certificate of occupancy has been issued. Commissioner Weight seconded the motion and the vote was as follows: Commissioners Binkerd, Weight, and Rawlings, aye. Commissioner Skinner, nay. Motion failed. Discussion: Commissioner Skinner was confused on the wording of what kind of businesses are allowed in the commercial zone. Chairman Bunker explained those uses and cleared up the confusion. The original Motion was restated, the Second stands and the vote was unanimous. Motion Carried. 

Ryan of GDA Engineering talked to Mike Peterson about issues with Daniel Plaza. The property came with 8 shares of irrigation as required by code but Mr. Barker says that 2 shares are enough due to the small amount of landscaping that requires watering. Commissioner Weight suggests going with the 8 shares for now then negotiate sometime next year for 2 shares.  Mike Peterson agreed to add an additional chain link fence on top of the retaining wall as originally discussed. It will be within the commercial zone. There was discussion about being able to block the light passing through from the Plaza. They talked about putting vinyl slats in the chain link to block the lights. 

Commissioner Binkerd moved to recommend to the Town Council that a chain link fence with appropriate light blocking features, necessary to block light from passing thru the fence, be installed on top of the retaining wall in Daniel Plaza with Commissioner Skinner seconding. The vote was unanimous and the motion carried. 

3. Request for a Zone Change at 2850 South Highway 40

Application received for zone change from RA-5 to Commercial Zone. There will be a public hearing on this item which will take place in April and will be a joint meeting with the Town Council & the Planning Commission.

4. Daniel Municipal Water/ Storm Haven Water

Daniel Irrigation is installing a pipe line in Storm Haven and they have now crossed the road into Storm Haven.

5. Approval of minutes for January 18th, 2017

Commissioner Skinner moved to address this in the March meeting with Commissioner Binkerd seconding. The vote was unanimous and the motion carried.

9.  Continued, Combined Meeting with Town Council For Update of 8.25 (Home Occupation.)

Commissioner Skinner presented her notes of ideas.  Commissioner Norris had notes beforehand as well as Commissioner Weight.  Copies were handed out.  Council member Blotter passed out his notes as did Brent Waterman.

Director Bunker stated let’s try to get the purpose down.   He is acting as chair of the meeting.

Commissioner Rawlings moved to adjourn the meeting at 9:00 PM, seconded by Council Member Blotter.  The vote was unanimous and the motion carried. 

Commissioner Rawlings would like to proceed with a second larger business opportunity category, said we need something between home and commercial.

Council member Blotter recited language he picked up from David Church, general counsel with the ULCT, in regards to existing code for business endeavors in residential zones as addressed in this meeting: “I do not know of any residential codes that allow more than just simply home occupations with no employees or outside storage.  The problem I have seen with these types of uses is usually the outdoor storage of trucks, material, and equipment.  These activities have the perception of lowering property values for others in the zone.”  Council member Blotter wonders why, if no other cities or towns in Utah are engaged in similar activities, Daniel is considering the notion.

Director Bunker spoke of a study conducted by the SBA which he had sent to the Boards on home-based business and government regulation.  It is a lengthy document and most had not read it in its entirety.  Commissioner Rawlings paraphrased that outbuildings were addressed, employees of the business, some authorize more space than the inside of the home.  Director Bunker stated the study showed over 90% of the home-based businesses have no employees, as of 2004.

Commissioner Weight concurred and asked why then are we looking at additional code.  This mandates fire codes being addressed, hazardous materials, fuel storage, fire sprinklers present, etc.

Director Bunker stated if Daniel is looking to write new code, a purpose is necessary in creating code.  Commissioner Weight feels the Town’s General Plan states the purpose.

Commissioner Rawlings said yes, we have a purpose to protect the residential nature, but you can’t ignore the need of the people to make a living.  The purpose of this category is to provide limited business opportunity on residential lots.  He suggests this category of business be allowed on lots of five or more acres, and the home-based businesses conducted on smaller lots within Daniel.

Commissioner Skinner read her notes of the suggested purpose.  “The purpose of this section is to detail the regulations for limited businesses in the Town of Daniel.  The goal is to preserve the residential character, which is, well-maintained and cared for properties, maintain the farming and rural environment with natural and irrigated vegetation.”

Commissioner Weight wants the purpose to maintain the integrity of the Town’s zoning.

Director Bunker then read Commissioner Norris’s purpose into the record.   “This resolution is enacted to maintain the integrity of RA-1, RA-5, and P-160 zones within Town residential areas.  This resolution follows the Town’s General Plan and stops encroachment of commercial businesses within our residential zoning.  It follows Town codes pertaining to good neighbor policy and intends to notify existing violators, presenting them with a time frame for compliance.  It will utilize and maintain all existing commercial zones and promote business within those areas.  The resolution aims to allow fairness and the ability to ensure compliance.”

Council member Blotter said he has more comments dealing with the purpose and provided a copy of something Commissioner Weight found from the Utah Property Rights Ombudsman.  “Although a local government must respect a property owner’s right to develop property, the local government is also obligated to uphold and enforce its own ordinances.  Municipal zoning authorities are bound by the terms and standards of applicable ordinances and are not at liberty to make land use decisions in derogation thereof.”  Mr. Blotter stated he feels this is what Daniel is doing.  He states he has data showing his property value has decreased because of businesses near him.  He asked why conditional use isn’t a method of dealing with these businesses.  Director Bunker stated you have a list of conditions tied to a business and if the business owner wants one eliminated, they can go before the Board of Adjustments or District Court and have the matter taken out of the hands of the Town Council and one or more conditional uses waived by others.  Mr. Bunker states conditional uses are very hard to administer and you must be careful how you use them.

Mayor Turner stated he was on the County Board of Adjustments for 12 years and found this to be true.

Council member Blotter asks how he can get past the idea of reduced property values and why would Daniel Town want to allow this to happen.  Commissioner Weight stated Daniel would be the only municipality in the County, even in the state, that would allow this.  Although Mr. Blotter states repeatedly the value has decreased, Director Bunker disagrees and thinks values are increasing because there is acreage available in Daniel that is not available in many other counties.

Jamie McAllister cited language from a document produced by Council member Blotter quoting David Church as saying: “I do not know that this will actually lower property values, but you cannot fight the perception.”  And I do feel this is what we have is a perception.

Commissioner Rawlings stated if what Gary says is true, if people are looking for places to start a business, doesn’t that in and of itself drive the price up.  Commissioner Weight responded not necessarily.   Mr. Rawlings thinks the demand for such property does drive the values up, as Director Bunker stated.

Commissioner Binkerd has done a lot of research, reading all papers submitted, and has listened with growing fear to statements being made.  She does not want to live in a commercial zone with higher land values.  She states she wants to enforce the home occupation code and slam the door on others coming in.  Draw the line now and grandfather existing businesses in.  Don’t write more code but enforce what is in existence.  If she was to write a purpose, it would be along the lines of Commissioner Weight; go with the General Plan and maintain the nature of the Town, rural and agricultural, and not commercial business.

Council member Glodowski agrees with one person, one vehicle, that is running a home-based business for himself.  Commissioner Binkerd says no additional equipment or personnel allowed to run the business.

Director Bunker again stated the Boards need to focus on writing a purpose for the code.  Commissioners Weight and Binkerd stated a purpose is not needed because they are happy with the 8.25 code and its purpose.  Mr. Bunker stated it has been stated a second category for businesses between home-based and commercial is needed.  If not, then the Boards need to start over, looking at the current code for 8.25 and make adjustments.  Mr. Bunker further stated if the legislature currently in session passes the bill on the floor, it will take away the authority for municipalities to regulate businesses within their cities and towns.

Council member Blotter stated he has copied and attached the bill currently on the legislative floor and does not agree with Director Bunker’s interpretation of the language.

Mayor Turner stated he basically agrees with Council member Blotter and Commissioners Binkerd and Weight keeping things residential.  However, he does see the need for addressing issues like a person bringing a semi-truck home.

Brent Waterman read the purpose from his document into the record.  “The purpose of this chapter is to provide an opportunity for homeowners to operate a small business within the operator’s residence and property boundaries.  Any home occupation shall not change the character of the home or the neighborhood.  The business shall coexist with the existing uses without creating conflict with the neighbors.”

Commissioner Rawlings stated a purpose combining his ideas with Commissioner Skinner; that being: “The purpose of this section is to detail regulations for businesses in the Town of Daniel.  The goal is to preserve the residential character, which is well-maintained and cared for properties; and provide for limited business activities on five-acre or larger lots,” and then whatever other detail like was just mentioned.

Commissioner Weight disagreed with the larger lot size as it allows a person to locate their business away from their own home and closer to the neighbor’s.  Commissioner Rawlings stated the SBA study produced by Director Bunker includes language requiring 100% of a business’s activities to take place inside an auxiliary building on site.

Director Bunker then read his own purpose, that being: “The specific intent of establishing this code is to accommodate small businesses in a home occupation setting, which would facilitate self-employment on a small scale and small-scale start-up operations, by allowing primary residents an opportunity to establish revenue, security, economic base, while limiting the impact on neighboring properties and lifestyles.

“Also, to provide a service to self-employed residents that would allow them a potential that may be conductive to the economy and the Town as a whole by providing services that residents require to maintain their property within the Town and surrounding areas.”

Director Bunker stated part of the study he read indicated a person who leaves his property to conduct his business and bills for work off-premises does not constitute a home-based business in the eyes of the IRS.  Council member Glodowski then inquired if that business would be required to have a Daniel business license.  Council member Blotter said that is part of what is being addressed at the State legislature.

Commissioner Skinner wrote on the white board as follows:

“Home Occupation Business

  • Totally contained in the home without changing the character of the home, neighborhood, or existing traffic pattern.

Small Family Business

  • 2 employees and the owner who lives on property
  • May use one outbuilding (Kim’s standards), all work contained within said building
  • Hours 0800 – 1700
  • May have 2 additional ‘commercial vehicles’ besides the vehicle the ‘owner’ is driving
  • Backhoe, dump truck, semi, enclosed trailers.”


As the hour of 9:00 PM was reached leading to the above motion to adjourn, the meeting was adjourned.

Kathy-Jo Percy, Secretary

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