Daniel Town Planning Meeting
Wednesday, 16 Nov 2011 7:00 p.m.
Wasatch County Services Bldg
55 S 500 E, Heber City, UT
A quorum is present: Chairman Eric Bunker, Planning members: Blaine Smith, Gary Weight, Jaye Binkerd, Kim Norris, and John Glodowski. Barry Hobbs is excused.
Secretary: Kathy-Jo Percy
Ryan Taylor: Epic Engineering
Members of the public present: Mayor Mike Duggin, Beau Horrocks, and Victor Ponce
Chairman Eric Bunker called the meeting to order at 7:00 p.m.
- Public comment
Mr. Horrocks asked if there was anything the Planning Commission could do or advise him of in his efforts to help his friend‟s family find a place to move into. Mr. Horrocks owns a mobile home and is trying to obtain a trailer lot in the Daniel‟s Trailer Park on the Corner of Daniel‟s Road and 3000 South for his friend‟s family. The problem being that there is already a gooseneck trailer parked in the spot he wants to use. Mr. Horrocks, after explaining the condition of the existing gooseneck trailer, was hoping the town could help him get the gooseneck condemned and moved. Chairman Bunker explained that trying to condemn the current gooseneck trailer would require the involvement of the County Health Department. He advised Mr. Horrocks to check with the County Health Department or to talk with the owner of the Trailer Park and also gave reference to Town Code 8.21.32 concerning “relocation of buildings”. If the owner were to give Mr. Horrocks permission to move his trailer onto a lot then Mr. Horrocks, would need to file an application and receive approval from the Planning Department..Commissioner Weight explained the town could not tell the owner of the trailer park what to do with his property or how to run his business. This trailer court was grandfathered in when the Town was created. Commissioner Norris suggested looking at a place on Southfield Road where a couple of trailers are parked as a possible place for his friend‟s family to move into if one of the trailers is empty.
- Conditional Use for an Alternative High School located on Big Hollow Road and possibly setting a public hearing date.
The Town Council sent this issue to the Planning Commission to look at as a possible Conditional Use Permit for the current Daniel‟s Academy to be changed to an Alternative High School. The Commission has a letter of intent for a Conditional Use Permit that was turned into the Town Council. Before official discussion began, Chairman Bunker read a section from the Planning Commission handbook on pg 25, under Law and Lawyers to the Commissioners. He then advised them that this application is an emotional issue and anything they say will be public record through a GRAMA request. Please think carefully before making any statements as the town will be held liable for anything said here tonight.
Time was turned over to the Mayor, Mike Duggin, for comments. The Mayor asked if all the commissioners received the emails he sent to them with papers attached concerning lawsuit cases against towns that refused to provide reasonable accommodation under the Americans with Disabilities Act and Fair Housing Act. In every case the towns lost. All towns are required by law to give Americans with disabilities reasonable accommodation upon request. Questions were raised by board members about square footage for each bed to accommodate 16 students and wouldn‟t this also require rooms for supervisors? Also, why would there need to be a zone change to create an alternative high school? There is only one access into the property, the nearest fire hydrant is a mile and a half away and this could put the town in a dangerous position. If it is kept as a residential area then it would be treated like all of our residential areas. A conditional use permit isn‟t needed but they could request “reasonable accommodation” which could then be studied closely and do whatever is legal. The Mayor feels that the directors of this school are most concerned with having enough students to run his program successfully, sixteen, allowing them two groups of eight. The thought was brought up about limiting house sizes in the town to „x‟ number of square footage that would then limit the number of occupants to 16 to 18 instead of 60 to 65. Perhaps we should go with a conditional use permit which gives the town control over the conditions. A CUP would probably open the door for future problems. We might want to look at re–defining our zoning ordinance defining the size of related versus non-related “family”. 8.04.02 (66) for the town‟s future protection. The question now is can we build a conditional use narrow enough to suffice this rule?
Commissioner Glodowski moved to proceed with the CUP for the P160 area for the alternative school as has been requested with Commissioner Weight seconding. The vote was unanimous and the motion carried.
- Set Public Hearing Date
Commissioner Binkerd moved to set a public hearing in a joint session with the Town Council with Commissioner Glodowski seconding. Discussion: Commissioner Norris asked if we were to agitate the party applying for CUP, would we hold a special meeting with the town council and zoning board?
Answer: Yes. We would have to meet within 14 days. Call for the vote was unanimous and the motion carried.
- Council action updates
The new water system in the town is finished.
Bids have been sent out for the Storm Haven bridge that was destroyed by the flood. FEMA will help with possibly $26,000.
The Bloomquists, in Storm Haven, have not been issued a permit yet as they are not in compliance with all the items given them.
There will be some positions on the Planning Board opening in January.
- Administrative issues. Permits, fees, planning actions, etc.
Nothing to report
- Approval of minutes 19 Oct 2011
Commissioner Glodowski moved to approve the 19 October 2011 minutes with Commissioner Binkerd seconding. The vote was unanimous and the motion carried.
- Motion to adjourn.
Commissioner Binkerd moved to adjourn the meeting with Commissioner Glodowski seconding. The vote was unanimous and the meeting was adjourned at 8:55 p.m..