Daniel Town Planning Meeting
And Public Hearing
Wednesday 18 May 2011 at 7:00 p.m.
Wasatch County Services Building, North Conference Room
55 South 500 East, Heber City, UT
A quorum is present: Chairman Eric Bunker, Commissioners John Glodowski, Kim Norris, Gary Weight, Barry Hobbs, and Blaine Smith. Jaye Binkerd arrived at 7:08 p.m. Chairman Bunker called the meeting to order at 7:00 p.m.
Members of the public in attendance: Mayor Mike Duggin, Merry Duggin, Ryan Taylor, Colton Martino, Shelbie Mortensen, Kevin Glodowski, Lee Skinner, Tori Jo Skinner, Lorie Hobbs, Tom Rawlings, Daniel Bray
- Public Comment (2 minutes please)
There were no comments.
- CDBG Second Public Hearing
Commissioner Norris move to open the public hearing with John Glodowski seconding. The vote was unanimous and the public meeting was opened.
Merry Duggin, the town recorder, recorded the minutes for the public hearing. (See attached.)
Commissioner Glodowski moved to close the public hearing with Commissioner Weight seconding. The vote was unanimous the public hearing was closed.
- TJ’s Custom Mutt Cuts-Conditional Use: requesting increase of dogs on prior conditional use.
Mayor Duggin came to the podium to explain that four years ago when the town was newly formed several men from the town looked over and adopted many of the codes written for other small towns. This was done, as there were not enough funds to hire professionals to help write the codes, in order for our town to start functioning. As our town has matured many of those codes are now found to be incomplete. He feels there ought to be a moratorium placed on Conditional Use Permits and other business items until the Town Council and Planning Board members can revise and include standards for our current codes. He read a few codes currently in place as examples of how incomplete they are. The town also lacks codes for other items. For example, we do not have any codes in place for commercial property parking. Additional information was requested by the commissioners.
As requested last month from the Planning Commission, Lee and Tori Jo Skinner supplied a noise measurement sheet explaining the possible noise increase of allowing an increase from 25 dogs to 50 dogs under a new conditional use permit. The paper explained that doubling the dogs does not double the noise level. It would increase some but not double. Mr. Skinner explained that they would never have 50 dogs boarded at the same time. He is sure the highest number they would have had during the holiday seasons last year and earlier this year, if they had not turned any away, would have been 43 dogs. They have added trees and shrubs around the kennel area to help buffer the noise level. Several of the Commissioners went to the kennels and did not hear any noise level problems.
Mayor Duggin asked if the number of days and holidays could be specified in the “CUP” and it was explained to him that it had been considered but the job of overseeing those specific times would a problem.
Chairman Bunker explained that he had never received any complaints about their business. Commissioner Norris noted that in last month’s meeting there had been complaints from the Bray and Barney families.
Commissioner Hobbs is concerned about the problems of our original codes and ordinances as pointed out by Mayor Duggin. He and others on the board agree that those need to be cleaned up and standards put in place.
Chairman Bunker explained that the Skinners applied according to the guides of our currently written code and need consideration on that level. They are applying for a new “CUP”, not a revision of the old one.
Mr. Daniel Bray inquired about the time and footage distance for notification letters to be sent to the neighbors. He explained that he did not receive a letter the first time before the Skinners met with the Planning Board. He said the formal notification code was not followed. The following code was read:
Section 8.23.05 Notice/Posting of Matters to be determined by Staff.
Upon receipt of a complete application for a Conditional Use and payment of all applicable fees, and after appropriate staff review, Planning Staff shall:
(1) Prepare a written notice containing a summary of the information included in the application, and
invite comments or objections to be submitted to the Planning Staff within ten (10) days of the date the
notice is published.
(2) Mail the notice to all owners whose real property adjoins or lies within five hundred (500) feet of all parts of the parcel on which the proposed conditional use is to be established (hereafter the “affected owners”). The Town of Daniel may send this notice to the last known address of the owner as listed on the Wasatch County tax assessment rolls.
In this case the applicants sent out notices instead of the Board. We will “re-notice” all people within 500 ft from all boundaries of kennel property.
Commissioner Glodowski moved to continue this item with Commissioner Binkerd seconding. The vote was unanimous and the motion carried.
- Caretaker Dwelling ordinance discussion and possible action
Discussion: Commissioner Weight asked, “What is the definition of a caretaker?” He feels that a caretaker ordinance would allow property owners to divide their current property and allow double density. It would double the amount of homes in our area which would defeat the original purpose in creating our town; to have a rural community. He is not in favor of creating a caretaker dwelling ordinance.
Commissioner Hobbs reminded the board that in previous discussions a property owner with 10 acres would be allowed to divide their property into two five acre lots. Commissioner Weight responded that the ten acres would need to be subdivided first to allow for a second dwelling thus preserving the rural atmosphere. If the caretaker dwelling ordinance was approved it could create future problems.
Several commissioners agreed that either subdividing property or creating caretaker rooms within an existing home would preserve the rural atmosphere of our town.
Mr. Tom Rawlings was concerned about putting in a dedicated road on a 10 acre parcel, thus not having two full five acre parcels and also needing the 200 feet frontage along the road if a 10 acre lot
were subdivided. Chairman Bunker explained that a dedicated road did not affect the five acre parcels.
Commissioner Binkerd feels that we need to stay with the small subdivision plan and not create a caretaker dwelling ordinance. She also stated that it is not possible to write the ideal code for all situations.
Commissioner Weight moved that we recommend not considering a caretaker dwelling at this time. Those issues can be taken care of via a small scale subdivision. Commissioner Glodowski seconded the motion, the vote was unanimous and the motion carried.
- Administrative issues. Permits, planning actions, etc.
Chairman Bunker told the board members of a lot in Storm Haven that did not have a lot of approval on record. The county explained that they have a lot of record with variance on frontage on record from 1969. The town will accept the County’s record.
An agricultural permit was issued for property on Little Sweden road. An excavation permit was issued for property located above Commissioner Glodowski’s property. There is also a quick claim deed for property on 3000 S.
- Approval of 20 Apr 2011 minutes / report on council actions
Commissioner Bunker suggested the following corrections: Delete the word “older”, change the date from the “19th” to the “18th”, change “state line” to “town line, and change the word “municipalities” to say “government entities”.
Commissioner Hobbs moved to approve the minutes with those corrections with Commissioner Norris seconding. The vote was unanimous and the motion carried.
- Motion to adjourn.
Commissioner Glodowski moved to adjourn the meeting with Commissioner Norris seconding. The vote was unanimous and the motion carried. The meeting adjourned at 8:14 p.m.
Secretary: Kathy-Jo Percy
Attachment
SECOND PUBLIC HEARING
MINUTES OF THE DANIEL PLANNING COMMISSION MEETING
HELD ON MAY 18, 2011 AT THE WASATCH COUNTY COMMUNITY SERVICE BUILDING AT 55 SOUTH 500 EAST, HEBER CITY, UT
IN CONFERENCE ROOM B, #132 AT 7 PM
The Daniel Town Planning Commission meeting convened in regular session on May 18, 2011, in room #132 of the Wasatch County Services Building at 55 South 500 East in Heber City, UT meeting commenced at 7:00 PM.
Present: Planning Chair Eric Bunker, Commissioners Kim Norris, Gary Weight, Barry Hobbs, Jaye Binkerd, John Glodowski, Blaine Smith, Planning Secretary Kathy Jo Percy.
Mayor Michael Duggin
Public in attendance: Ryan Taylor, Tori and Lee Skinner, Daniel Bray, Darin Bunker, Tom Rawlings, Kevin Glodowski.
Town Recorder: Merry Duggin
COMMUNITY DEVELOPMENT BLOCK GRANT SECOND PUBLIC HEARING:
Planning Chair Eric Bunker opened the second public hearing for the CDBG program at 7:00 PM and asked Mayor Duggin to speak. Mayor Duggin stated that this hearing was called to allow all citizens to provide input concerning the project that was awarded under the 2011 Community Development Block Grant Program. The town has amended its capital investment plan and decided to apply for funds on behalf of the Daniel Municipal Water culinary water system to replace and upgrade water lines along Mill Road and upper 3000 South. The mayor announced that he is the project manager for the replacement line project. The Mayor explained that the application was successful in the regional rating and ranking process and announced that the culinary line upgrade project has been awarded $50,000 if funds are available to CDBG. The Mayor explained the project to those in attendance. The Mayor then asked for any comments, questions and concerns from the audience. The only question came from Commissioner Kim Norris, who wanted to know how long we could hold a bidder to a material cost submitted in a bid, and the Mayor asked Engineer Ryan Taylor to respond who indicated that we could hold them to a bid price for 30 days. After a notice of award is given, we hold the bidder to his bid. The Mayor stated that copies of the capital investment plan are available if anyone would like a copy. There were no more comments, and the hearing was adjourned at 7:15 PM.
Merry Duggin,
Recorder