Planning Commission minutes September 17, 2014




A Quorum is present: Chairman Eric Bunker, Commissioner Gary Weight, Commissioner Jaye Binkerd, Commissioner Blaine Smith and Commissioner Kim Norris are present. Commissioner Pam Skinner, excused,

Ryan Taylor of Epic Engineering is present.

Public in attendance:  Richard Willes

Chairman Bunker called the meeting to order at 7:09 p.m.

1- Public comment (limit 2 minutes please):  For any item of concern from the public

There were no Public comments.

Commissioner Norris moved to adjust the agenda by moving item number five to second with Commissioner Weight seconding. The vote was unanimous and the motion carried.

2 – Code amendment application: Add conditional use for events center to current zoning in the RA-5:  Discussion and possible recommendation after public hearing held September 8, 2014

Only one letter of opposition was received but that person did not attend the public hearing.

Commissioner Norris moved to not allow conditional use on this app but would recommend it could work in a commercial zone in this town with Commissioner Smith seconding. Discussion: Commissioner Weight feels that we need to give reason/reasons why this application would not be approved. Commissioner Binkerd agrees. Commissioner Norris withdrew his motion.

Commissioner Weight has done a lot of research on this request and based his findings on the general and land use plans and the zoning ordinances. If conditional use for an event center on this property were granted then the Planning Commission would be obligated to approve other applications submitted for this same use. Commissioner Norris added that this use does not comply with the RA5 zone. Commissioner Norris pointed out that Mr. Willes explained in an earlier meeting that he could hold receptions at his place if he wanted but he could not charge for the event. Commissioner Smith wanted to know how we would know if any money exchanged hands. Mr. Willes wanted everyone to know that if the town decides not to approve this application he would take no offence. He just wants to be a good neighbor. He understands the town’s desire for a rural atmosphere.

Commissioner Norris moved to recommend to the Town Council that the conditional use not be approved for an event center because the Commissioners feel this would be and an ideal situation for a commercial use zone. There was no 2nd and the motion died.  Is there an alternative motion?  Commissioner Weight moved to recommend to the Town Council that event centers not be added to the conditional uses allowed in an RA5 zone using the town’s general plan, land use plan, and zoning ordinances as guidance. The vote was unanimous and the motion carried.

3- Small scale subdivide:  Ritchie Enterprises 20-acre parcel 3000 South and approx. 450 West

There are three (6)six acre lots on this property. The owner would like to build a road on the property but have not yet submitted any plans for the building of the road. They are not required to turn the road over to the town after it was built. If the town were to acquire this road they would be responsible for maintenance of it. This property abuts on to an industrial zone the city of Heber created. For questions about this road refer to town codes 8:26:06_1 and 8:27:30,34.

Commissioner Binkerd moved to recommend to the Town Council to approve the Ritchie small scale subdivision with the following conditions: Items 1-5 of Epic Engineering’s review letter be followed. Commissioner Weight seconded the motion. The vote was unanimous and the motion carried.

4- Council actions report: Report on action items that the Town Council or Planning has or will be considering

The Shultz property, across from John Blotter, is not a lot of record. He has not submitted a lot of record. The Town says that this is an illegal lot of 3.5 acres. Ryan Taylor of Epic Engineering informed the Commissioners that the impact fees for water, roads and maybe 1 other item might be raised, possibly doubled. FYI: The north field is under a public hearing for rezoning.


5- Tom Grose Garage building permit:  Garage on the Ron Plumber subdivision, lot 4, on Mill Road

Commissioner Weight feels this permit would violate town code as Mr. Grose wants to add house like features to the garage.

Commissioner Weight moved to deny this application following town code 8:21:24 with Commissioner Norris seconding. The vote went as follows: Commissioner Weight, aye; Commissioner Binkerd, aye; Commissioner Smith, aye, Commissioner Norris, aye. The vote was unanimous and the motion carried.

6- Approval of minutes of 20 August 2014

Commissioner Weight moved to approve the minutes of 20 August 2014 with Commissioner Binkerd seconding. The vote was unanimous and the motion carried.

7- Motion to adjourn

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

Meeting Adjourned at 8:45 p.m.

Kathy-Jo Percy: Secretary

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