Planning Commission minutes September 18, 2013

Daniel Town Planning Commission

Wednesday 18th September, 2013. 7:00 p.m.

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

Public members present: Cheryl Thacker, Stephanie Woolstenhulme, Kasey Bateman, Susan Hansen, Justin Ellingford?, Brad Allen, Mike Cunningham, Connie Kummer?, Merry Duggin, Mayor Mike Duggin, Steve Dillon, Darlene Dillon, Linda? Judy.

The meeting started at 7:02 p.m.

1- Public comment (2 minutes please)

There were no public comments.

2- Zone change Hwy 189 and 3000 south.

Harry Weyandt’s approvals for zone change on his property have all expired. He has received notices about this and has not responded. A decision now needs to be made on whether to keep the commercial zoning or revert back to the original RA5 zone.

Commissioner Smith moved to recommend to the Town Council to change the Weyandt property back to its original RA5 zone with Commissioner Weight seconding. The vote was as follows: Commissioners Smith, Weight, Binkerd, and Norris voted aye. Commissioner Glodowski abstained. The motion carried.

3- Zone change Hwy 40 and Mill road (Sawdey property)

Nathan Orton has submitted an application for a zone change on property located at the corner of Highway 40 and Mill Rd (the Sawdey property). Stephanie Woolstenhulme questioned the validity of someone being able to apply for a zone change if they don’t own the property. Chairman Bunker explained that if the land is under contract it can be done. What is needed tonight is a recommendation from the Commissioners to the Town Council on whether or not to hold a public hearing concerning this application. The applicant does not want to live on the property. He wants to be able to store his equipment and nursery supplies here. Chairman Bunker reminded the Commissioners that this property is in the Enterprise Zone.

Public Comments: Stephanie Wolstenhume explained that this property has quite a history starting in 1988 when the Sawdeys purchased this land. She then read the history she has written over the years about all the requests made for rezoning this property as commercial. She explained that the major reason for incorporating the town is to preserve the rural atmosphere. If this property is rezoned commercial it opens the door for all kinds of businesses to build there if the property is sold from one owner to another including a bar or a gas station, etc. Cheryl Thacker stated that she wants the reason for living in Daniel to stay as originally planned – rural. Several residents from Heber Meadows, just across the street from the Sawdey property, were there to object to this zone change as well.

Commissioner Norris moved to recommend to the Town Council to take no action on this property and leave it as an RA5 zone with Commissioner Binkerd seconding. Discussion: Commissioner Weight wondered if we should listen to what the applicant has to say. There was no further discussion and the motion stands. The vote was unanimous and the motion carried.

4- Council actions report/Director report

Report on actions of Town council, L.O.R., reasonable accommodations req. etc.

There is a new director for Daniel Academy who will be coming before the Town Council to talk about reasonable accommodation.

5- Staff items.

Agri. Buildings, dwellings, commercial, annexation petition, conditional use and agri. Letter, Etc.

The LDS Church received there occupancy certificate. Wasatch County School District received their permit. Brerton and Thacker permits have been issued. A stop work order has been issued on the Davis dog kennel. Dr. Call has not been issued a permit on his property yet as there are still some items on the staff report to complete. Commissioner Gary Weight will draft a letter concerning Agricultural Permit codes. He has looked at State codes and other Ag codes that define what is allowed under such a permit. High Jinx Towing was cited for having trucks on the public road right-of-way. He has moved them. Chairman Bunker handed a “draft” letter for non-conforming use for the Commissioners to look at. Mike Peterson will be presenting a concept of what he would like to do with property he owns in the town. FEMA has offered to pay 75% and the town will pay 25% to replace the lower culvert. The Plumber petition came before the town for subdividing their 17 acres into 3 parcels.

6- Approval of minutes from 17 Jul 2013

With one minor letter change Commissioner Glodowski moved to approve the 17 July 2013 minutes with Commissioner Weight seconding. The vote was unanimous and the motion carried.

7- Motion to adjourn.

Commissioner Binkerd moved to adjourn the meeting with Commissioner Glodowski seconding. The vote was unanimous, the motion carried, and the meeting adjourned at 8:05 p.m.

Kathy-Jo Percy: Secretary

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