Planning Commission minutes November 19, 2008






ROOM # 132 AT 7:00 P.M.

Board Members: Ed Pressgrove, Gary Weight, Diane Grose, Eric Bunker, Francis Smith,

Lynn Crisler, Barry Hobbs

Eric opened the meeting at 7:07 p.m.


  3. Barbara Callister: They live by Point of Entry in Crazy Acres. They want

to give land to their children to build houses on. They want five 4 acre lots

to accommodate all their children. Question: What about four 5 acre lots?

They have 5 children and do not want to have to choose amongst the

children and leave one out. They have 2 houses on the property now. One

daughter is on 6 acres and the owners (Callisters) live on 14 acres (20

acres total). Question: What would the road requirements be? Eric: It

would depend on if the roads were private or given to the town. If the

acreage were divided it would be a small scale subdivision. Splitting land

for building lots into 5 acres or under would be considered a small

subdivision. Owners: What would it take to made small subdivision?

Answer: You would need to apply. According to the town Code 8.27.06.

they can’t apply for a small subdivision. Any roads they put in would be

counted as part of the acreage. They would not have to have extra acreage

for the roads. They could do four 5 acre lots. If the planning board turns

down their application the can go to the Board of Adjustments asking for a

change in the ordinance. Eric showed the original deed of trust set in 1981.

He then went to the County to look at pictures of the lot. Crazy Acres road

has 100 ft border on each lot. Eric showed the ¼ sec map to the board and

the legal description papers. After 1981 this lot was recorded 3 times, the

last being in October of 2003. It was recorded in May and Jun of earlier

years. By signing the deed of trust in Oct of 2003 the acreage was

combined into one property. They are here tonight just to get a feel of how

the board would act on their application. Before we can make a formal

motion they need to file with this board. Because the code says they

cannot apply for a small scale development (subdivision) it would

probably be turned down and we could state the reason(s) for denial. They

would then take to it to the Board of Adjustment. The Board of

Adjustment meeting dates are on the web site Ryan

Taylor of Epic Engineering would be their contact.

  1. Public Hearing-Jon Blotter CDBG Grants (Continued from October 15th –

Public input on proposed items of interest for CDBG grants)

  1. Jon Blotter: CDBG stands for Community Development Block Grant:

The grant provides Federal funds used to help build the community. It is

based on LMI (low to moderate income families). The CDBG committee

is planning to apply in December of 2008. They propose to use the money

towards culinary water to put in new pipes as the old ones are

deteriorating. Or, they would appreciate any suggestions the planning

board might have on how to use these funds which will be int the

$300,000 range. The grant application is due by Dec 5th. The money is

supposed to be allotted within 1 year. The grant committee doesn’t want to

carry the funds over 1 year. This year there is an added bonus point in

applying for the CDBG. If used for the culinary water this money would

start the process by replacing some pipe. Right now we have 2” line going

down Daniel Road, up to. 8” going down 3000 S ending just before

highway 189. The fire flow needs to be addressed for safety purposes.

This plan only serves those on culinary water but could also affect those

on wells if there was a house fire and if a fire hydrant was close enough.

Any thoughts from the public? Suggestions were: It would be nice to have

a sidewalk down Daniel Rd, could be used towards beautification of the

town, parks, make improvements to the community, street lights, health

and safety is a priority, or larger pipes for water flow is a good idea. The

old Sulser home burned to the foundation because there was not a big

enough water flow to save it. Jon has a book that anyone can look at for

suggestions of ways to use the money to help the community. Jon Blotter

wants it specifically noted that this discussion was held this night at the

planning meeting. So noted.

  1. Motion: Barry Hobbs
  2. To close the public hearing
  3. Second: Gary Weight
  4. Vote was Unanimous
  5. Nitro Pak.( General footprint concept) 1918 W 3000 S
  6. Update: The Town Council met and initiated the zone change for the five

original acres that were presented to the Planning Council in October.

Harry Weyandt has acquired five additional acres and is petitioning the

Town Council for a zone change for the additional five acres. Paul Berg

brought a new “footprint” map of the total 10 acres to get the Planning

Council’s thoughts on the newly proposed outlay of retail buildings,

storage facilities and an added gas station. They wish to move forward

with the Council’s added input. He is only looking for general comments

tonight so they can move forward. The do have entry to the facilities from

Highway 189. This is a multiphase development. The 1st phase is the

Nitro-Pak retail store. They bought the extra 5 acres from Sarah and Ron

Ellis who would continue to live in their home on the property until they

decide to move. Harry Weyandt (represented by Paul Berg) feels it would

make a nice gateway into Daniel and help the town’s tax base. The eastern

boundary would be against the Bunker property. Harry is hoping to fill the

retail spaces with outdoor retail companies to compliment his Nitro-Pak

preparedness store. The closest place we have in town that can handle big

truck and large RV parking is the back side of the One Stop. There would

be only one entrance into gas station off 3000 S. They angled the pump

stations so the vehicles would have to pull in at an angle and then drive

forward and out onto highway 189. They might put signs up stating that

trucks over certain weight cannot travel down 3000 S. There is great

concern about heavy traffic on 3000 S.

  1. What about the setbacks? According to the County code, which the town

adopted for their own purposes, there must me a setback of 150 feet from

a state highway. Section 16.21.07 General Setback Requirements. (1)

Highways. Unless otherwise provided herein, all residential buildings abutting

upon highways having a state or federal designation shall be set back at least

one hundred fifty (150) feet from the right-of-way line. Weyandts’ have had a

preliminary discussion with UDOT.

  1. They would like to move the existing home on the original five acres to

the east for the caretaker facility. If the house is moved it no longer

qualifies as a residential home on commercial property. Moving it would

violate the code. When the entire property was approved as commercial,

the original home can be used as residential as long as it is not moved. If it

is moved it could be a twenty-four hour office. They have added about

50% more storage units. Barry Hobbs suggested the planning commission

consider more appropriate ways of buffering from commercial to

residential property. He would prefer to see some softer buffer to

residential; try to find a better way to buffer next to residential.

  1. Discussion about the gas station: Diane Grose: Do we really want a gas

station at the entrance to town? Barry Hobbs: It would be more like a truck

stop than a residentially convenient gas station. Gary Weight: The

intersection is already overloaded. This will cause heavier traffic.

  1. At this point the Town Council is approving the zone change NOT the

building plans. Where does commercial entities coming into the town

stop? Weyandt’s original plans were drawn up and presented to the

Planning Board as retail and storage on 5 acres. Now they are asking for

retail, storage, and a gas station on 10 acres. Weyandt has already

purchased the extra property. Paul Berg’s summation of the Planning

Council’s thoughts to take back to Harry Weyandt: a. Tell Harry what

happens if moving house. b. Traffic is a great concern. c. Storage units are

not an approved use in our town’s commercial zone. The only reason we

approved storage units in the original plan was because the storage units

were to be a mainly used by the businesses in this proposed development,

not by outside parties. d. If retail would cause more traffic.

  1. Ryan Taylor of Epic Engineering stated that storage units are not approved

in a commercial area but business storage would be ok. At this time they

figure maybe 50% of the storage units would be used by the retail and

Nitropak facilities. If this is approved as conditional use, the Council sets

the conditions.

  1. Harry Weyandt is trying to capture recreational traffic coming into town.

Utah County coming into Wasatch County is a strategic area. Barry Hobbs

thinks that it would look too much like a truck stop and be a inappropriate

entrance into our town. Harry is looking at this being a “green’ entrance

appealing to RVs rather than big trucks. Harry wants tasteful not tacky.

Barry thinks a gas station entrance to the town is not good for the town.

Francis Smith thinks maybe a “theme” entrance placed where the

proposed gas station is and move gas station further in would be better.

Visually we need something better than the gas station as an entrance.

Gary Weight says moving it further in would be bad for the residential

homes as gas fumes would encroach on their properties. Jon Blotter does

not want a gas station there and if Bunkers were to sell their property it

could be developed for further commercial sites. Eric Bunker likes the

current placement of the gas station is and that Harry indicated he would

like a Maverick station there.

  1. The proposed storage area would be gated. Eric thinks the storage area is a

good buffer zone between his property and Harry Weyandt’s property and

likes Harry’s plan except there are too many storage units.

  1. Paul Berg will take all this information back to Harry.
  2. Mike Peterson (building permit) Commercial zone
  3. We do not have Mike’s application. Mike has received highway access

approval from UDOT which applies to both his property and Trunell’s

property. Trunell’s property has all been approved as commercial by the

Town Council. Mike Peterson’s application is continued.

  1. Hwy 40
  2. Approved Trunnell and Peterson access to businesses.
  3. Mike Klenk Building permit( accessory structure.)
  4. Application for garage for personal use 30 X 30 X 10 metal bldg. Tyan

Taylor is requesting that Mike develop a foundation plan. Needs to put

foundation baring wall along both sides. Referred to code

( The Planning Council needs the foundation plan before


  1. Motion: Gary Weight
  2. Approve application subject to applicant correcting deficiencies

noted in staff report.

  1. Second: Lynn Crisler
  2. Discussion: Eric: it is marked as two separate lots. Set back off a single lot

is 250 ft width. There could be set back issue if he has the certificate on

the second parcel. Does he need a lot line adjustment? He probably does

not meet set back requirement. One lot is 2 acres and the other is 2.5 acres.

He needs a lot line adjustment to combine the two lots. Make approval

conditional to meeting the setbacks using both lots of he could meet the

set back on just one lot. Eric’s preference is to do a lot line adjustment.

  1. Motion failed
  2. Motion: Gary Weight
  3. Approve the application subject to the applicant correcting the

deficiencies noted by the engineer in the staff report, and do a lot

line adjustment to combine the two properties as shown on the site


  1. Second: Lynn Crisler
  2. Discussion: none
  3. Vote is Unanimous
  4. New Ordinance discussion.
  5. The Mayor has asked that the Planning council look at the boarding school

issues. They have hired an attorney.

  1. Updates: The status of the application with the Town Council: It is

continued because they have hired an attorney. It is on Town’s agenda for

December 1st. The Town Council is looking at a therapeutic boarding

school vs. a residential facility. The state law supports American

Disability Act and Fair housing act. We need to stick with state

regulations on handling this application to prove we are in compliance

with ADA, the Daniel town codes, and the Fair Housing Act when the

decision is made. A code text amendment in this P160 zone would

fundamentally alter the nature and character of the P160 zone. Does a

therapeutic boarding school meet our requirements as a town and the ADA

requirements? Gary thinks their reason for code text amendment would let

them pick and choose students and discriminate against other students.

Barry thinks they will have whoever they want in the home. Would it be

easier for them if we approve an amendment? Francis thinks we should

leave code alone and that the applicants need to stick to their original

application. We approved a residential facility for disabled students. Eric

suggested we might do joint session with the town council and the lawyer

who represents the council.

  1. New Agriculture Permits
  2. Land use plan? Do we want to look at it? Yes. Next year.
  3. Administrative issues and reports
  4. None
  5. 2009 meeting dates, land use plan, public works, etc.
  6. 3rd Wednesday of every month through 2009
  7. Motion: Diane Grose
  8. Adopt the Daniel Town Planning Commission meeting dates for

2009 as outlined.

  1. Second: Barry Hobbs
  2. Vote is unanimous
  3. Minute approval
  4. Motion: Barry Hobbs
  5. Approve the October 15th minutes as amended.
  6. Second: Gary Weight
  7. Vote is unanimous
  8. Diane Grose abstains as she was not at that meeting.
  9. Motion to adjourn.
  10. Motion: Diane Grose
  11. To adjourn
  12. Meeting adjourned at 9:41 p.m.

Daniel Planning reserves the right to change order of, and add agenda items.

In keeping with the American Disability Act and all are invited to attend.

If you need Special accommodations please call Eric Bunker 654-0409 Forty Eight, 48

hours before the meeting.

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