Daniel Town Planning Commission

Wednesday 22 May 2013

A quorum is present: Chairman Bunker, Commissioners Jaye Binkerd, Gary Weight, John Glodowski, Pam Skinner, and Kim Norris are present. Commissioner Blaine Smith is excused.

Chairman Bunker called the meeting to order at 7:02 p.m.

Members of the public present: Mayor Mike Duggin, Kasey Peterson, Stanley Majchrzak, Betsy Grable, Jim Percy, Shirley & Clinton Hanson, Veral Mair, Ruth Ann Huntington, and Evelyn Lehmitz.

1. Public comment (2 minutes please) for any item of concern from the public not listed on the agenda.

There were no public comments

2- Public hearing Adult Addiction Treatment Facility 1766 Little Sweden Rd.

On 10 March 2013 Kasey Peterson applied for a conditional use permit for an adult residential program (Sunshine Ridge) on property located at 1766 Little Sweden Road.

Kasey Peterson, on behalf of Sundance Ridge, explained that this is a treatment facility for 8 adult individuals with disabilities who volunteer to enter this program and a working 24hr staff which consists of state certified therapists and program trained assistants. It is a co-ed facility with separate treatment areas. The applicant is using a lease to own option on the property which is currently owned by a third party. The company has other facilities of this type elsewhere in Utah.

Commissioner Norris moved to open the public hearing with Commissioner Binkerd seconding. The vote was unanimous, the motion carried and the public hearing was opened.

Stanley Majchrzak, a nearby homeowner, asked if this is a state regulated facility do they have to fire suppression in place. They do not have to have fire alarms but they must have smoke alarms. Answers he received to other questions are as follows: The residents would do their own cooking. The basement is finished. The residence can accommodate eight individuals and staff. The Health Department has approved the septic and water facilities for eight residents and staff. The families of the residents are not allowed to visit. The staff would be in charge of giving the residents their medications.

Shirley Hanson, another nearby homeowner, explained that the reason she moved to Heber was to get away from this type of facility. She lived/worked near one in Salt Lake City. There were lots of problems. Even though family members of residents of this facility are not allowed to visit they had ways of finding out where their family members are. She is 100% against having this facility being placed there. Why not put it in an industrial area? She was told there was no fencing around the property and that treatment members could smoke outside. She feels this is a way for the residents to spy on the neighbors and discover their comings and goings habits. The residents are only voluntarily there for 30, 60, or 90 days.

Ruth Ann Huntington, representing her family and her mother, lives nearby also. She feels a facility like this is needed in society but does not need to be place in a residential area. It will change the emotional and fear factor of the neighborhood. She’s worried about her children and others riding their bikes or walking on this road if this facility is approved. Her husband and her brother, both licensed counselors, urge the homeowners to not let this facility be placed there. She asked that the commissioners not approve this application.

As there weren’t any more public comments Chairman Bunker explained that this application falls under Federal Law and the American Disabilities Act which states that facilities such as these are allowed within all residential areas. There are safety issues which must be met before approving this kind of application. The town code states that eight people not related to each other may live in this RA5 zone. The residents are considered disabled because addiction is considered a disability. Neighborhood

safety is something the town seriously considers. If a violation was committed by one of the residents of this facility, the town holds the business license and could immediately revoke it and shut the business down. The county fire marshal still has to give his approval.

Kasey said she would talk to the owner about putting up a fence. She also explained that the staff would be driving their own cars and that residents were transported via company vans.

Commissioner Norris moved to close the public hearing with Commissioner Weight seconding. The vote was unanimous, the motion carried and the public hearing was closed.

Commissioner Norris moved to approve the conditional use permit for Sundance Ridge with the following conditions to be met:

1. Resubmit the application for eight (8) residents
2. Receive a letter from the owner with his approval of the conditional use for this residence.
3. An onsite parking plan be submitted
4. Approval by Wasatch County Health Department on water and sewer criteria
5. A copy of the letter from the fire district
6. The conditional use permit issued to Sundance Ridge is not transferrable

Commissioner Weight seconded the motion, the vote was unanimous and the motion carried.

3- Water rate fee structure.

The Town Council sent the Daniel Municipal Water proposed billing rates back to the Planning Commission for further review. Ryan Taylor of Epic Engineering explained that most cities have several areas of rates. Daniel Town has only two rates, residential and non-residential.

Commissioner Weight moved to recommend to the Town Council to drop the 5/8 and 4 inch meters. Also, to change the fee for the 1 inch meter to $50. Commissioner Glodowski seconded the motion and the vote was unanimous. The motion carried.

4- Council actions report/Director report

Commissioner Weight moved to keep Eric Bunker as Chairman of the Planning Commission with Commissioner Glodowski seconding. The vote was unanimous and the motion carried.

Commissioner Binkerd moved to keep Gary Weight as Vice Chair with Commissioner Skinner seconding. The vote was unanimous and the motion carried. Commissioner Weight explained that he would be out of town a lot this next year.

5- Staff items.

The permit issued to Phil Thacker is for an agricultural building. Ryan Taylor will check on an Agricultural building constructed on property at the end of the road just east of Ranch Drive as no application was filed.

6- Approval of minutes of 20 March 2013

Commissioner Binkerd moved to approve the minutes of 20 Mar 2013 with Commissioner Glodowski seconding. The vote was as follows: Commissioner Norris, aye; Commissioner Binkerd, aye; Commissioner Weight, aye; Commissioner Glodowski, aye; Commissioner Skinner, abstained.

7- Motion to adjourn.

Commissioner Skinner moved to adjourn the meeting with Commissioner Glodowski seconding. The vote was unanimous and the motion carried.

Meeting ended at 9:45 p.m.