Planning Commission September 17, 2008

Town of Daniel

Daniel Planning Board Meeting

Sep 17th, 2008

County Community Service Building at 55 S 500 E Heber, UT

In the North Conference Room #137 at 7 p.m.

Quorum: Eric Bunker, Francis Smith, Ed Pressgrove, Lynn Crisler, Barry Hobbs, Gary Weight, Diane Grose

The meeting was called to order by Eric Bunker. 7:03 p.m.

  1. PUBLIC COMMENT (2 minutes please)
  2. John Blotter: Working on CBDG permit and surveys
  3. Nephi Trunnell (zone change request) RA5 to Commercial Public Hearing. 3600 S Hwy 40 (Continued from Aug 20th)
  4. Not present. Continue to October 15th meeting
  5. Sherry Sawdey (zone change request) RA5 to Commercial Public Hearing. 2777 S Mill Road. (Continued from Aug. 20th)
  6. Refer to staff report from last month
  7. Motion: Barry Hobbs
  8. Open Public Hearing
  9. Second: Gary Weight
  10. Passed unanimous
  11. Public hearing open.
  12. Attorney Randy Birch, representing Sherry Sawdey, explained the project to the board and the public. He said the project follows the Daniel Town code’s rules and regulations.
  13. Concern was expressed by residents about commercial zones in residential areas, insufficient water; there would be no tax base for the town as nursery products would be sold wholesale.
  14. Motion: Ed Pressgrove
  15. Close the public meeting
  16. Second: Barry Hobbs
  17. Passed unanimous
  18. There was discussion by the board about insufficient utilities to support a commercial zone at this property. If this property is zoned commercial it would open it for a list of other companies to come in if Sherry were to sell

it later. Barry wanted to look at the Daniel Town Land Use Plan but it was not available.

  1. Motion: Diane Grose
  2. Continue this application to the October meeting so the planning members can have time to look over the Land Use Plan before making a decision.
  3. Second: Francis Smith
  4. Passed unanimous
  5. Eric Bunker will get Land Use Plan to board members, Attorney Birch, and Debbie Bunker
  6. Harry Weyandt (Building concept)
  7. Packet, Staff Report, Plan A & B maps, and Answers to Staff Questions handed to council members
  8. Harry Weyandt explained the project to the Board, showed the design drawings and maps and answered the Board members questions. They are prepared to add additional parking spaces to meet code requirements and will keep the existing home to use as an office and to house the facilities manager and family. It will be beautifully landscaped and an asset to the town of Daniel and will add to the tax base.
  9. Motion: Ed Pressgrove
  10. Approve concept Plan B subject to compliance to all codes.
  11. Second: Lynn Crisler
  12. Discussion: Gary Weight does not see any purpose in separating the storage area from the business center which would require 2 separate applications for two different uses. Just keep it as one application.
  13. Discussion: Barry Hobbs asked what the height of the wall surrounding the storage units would be. Response: 12 to 14 feet high
  14. Motion and second stands
  15. Roll call vote:
  16. Francis Smith – aye
  17. Lynn Crisler – aye
  18. Diane Grose – aye
  19. Barry Hobbs – aye
  20. Ed Pressgrove – aye
  21. Gary Weight – aye
  1. Motion carried
  2. Motion: Diane Grose
  3. 5 minute break
  4. Second: Barry Hobbs
  5. Passed unanimous
  6. Meeting resumed 8:59 p.m.
  7. Blaine Smith (finish basement) (continued from August meeting)
  8. Refer to Staff Report from previous month
  9. Blaine Smith explained his plan to finish his basement by adding a stove, sink, and some wall electrical outlets. There is already heating, main power, and insulation there. There is no external entrance to the basement except through the garage. It is mostly cosmetic finish work.
  10. Motion: Barry Hobbs
  11. Approve the building permit to let Blaine Smith finish the basement
  12. Second: Ed Pressgrove
  13. Passed unanimous
  14. Daniel Canyon Lodge (continued from Aug.20th)(Small house off Little Sweden)
  15. Not present
  16. Ryan from Epic Engineering recommends a continuance
  17. Motion: Gary Weight
  18. Continue till they submit amended plans
  19. Second: Barry Hobbs
  20. Passed unanimous
  21. Public Hearing Daniel Academy (Conditional use permit.) Change the Code text to allow therapeutic boarding schools to uses within a P160 zone. Amendment to the Zoning Code Text
  22. Motion: Lynn Crisler
  23. Open Public Hearing
  24. Second: Ed Pressgrove
  25. Passed Unanimous
  26. Corbin Linde, representing the boarding school, explained the reasons for their request to amend the zoning code text. This would change the P-160 Preservation Code to a Commercial Zone with a Conditional Use permit. They

wish to change from a residential treatment center with 8 students to a Therapeutic Boarding School with up to 24 male students.

  1. Multiple residents voiced their concern over this zone change. The house and property were originally purchased by this company as a private residence. If approved it would be opening “Pandora’s Box” with a possible law suit from other schools wanting to make the same changes to other P-160 zones. The road leading to the school is already too narrow and dangerous and inadequate for future increase in traffic. A Therapeutic Boarding School violates many of our Town’s codes. Parents are concerned for the safety of their own children and an elderly neighbor voiced her concern about the peace and tranquility of the neighborhood, lighting and traffic. A zone change must fit with the general town plan. This change would alter the nature of the area, residential. This school would be business, for profit enterprise and would put a commercial enterprise in the middle of a single family dwelling area. There would be negative impacts on the surrounding neighborhood resulting from a higher usage of the land including, lighting, more traffic and noise. What about being so close to the gun club where weapons and firearms are used and the impact on outdoor recreation in the area?
  2. Marti Blotter quoted many town codes showing how approval of the zone change would be in violation of quoted town codes. (see attached)
  3. Motion: Francis Smith
  4. Close Public Hearing
  5. Second: Barry Hobbs
  6. Passed Unanimous
  7. Board Discussion
  8. This application for zone amendment is in violation of the Daniel Town general plan and its titles. It fails to meet health and safety issues such as fire codes, inadequate roads, moral character of the area, etc. This proposed land use would fundamentally the nature and character and would be in conflict with the intended uses of the P-160 Preservation Zone (Chapter 8.05 of the code). The following portion of code 8.02.05 (Procedure to Amend the Title, Code or Zoning Map) was read “For the purpose of establishing and maintaining sound, stable, and desirable development within the town of Daniel, amendments shall not be made to this Title or the adopted Zoning Map

except to promote more fully the objectives and purposes of the General Plan and this title.” Lynn Crisler asked if there was some law that we are not aware of. Commission members discussed their responsibility to police the general plan and adhere to its codes. It was mentioned that we have other preservation zones in the town. Also, this proposed land use would conflict with preservation zone uses.

  1. Motion: Barry Hobbs
  2. Recommendation to Town Council to deny the following code change request to accommodate the proposed 24 student Therapeutic Boarding School commercial land use.
  3. Reason: Not consistent with Daniel Town General Plan and this proposed land use would fundamentally alter the nature and character of the preservation zone and its preservation purposes.
  4. Reason: This proposed land use would conflict with preservation zone use. The proposed application is inconsistent with aspects of the general plan which require health, safety, and welfare of the community, especially with respect to fire codes, roads and increased traffic. This request also represents a spot zoning and scattering of development which does not meet the Town’s general plan.
  5. Second: Gary Weight
  6. Francis Smith: aye
  7. Lynn Crisler: nay

iii. Diane Grose: aye

  1. Barry Hobbs: aye
  2. Ed Pressgrove: aye
  3. Gary Weight: aye.

vii. Motion carried

  1. Administrative issues and reports
  2. Gary Weight thinks that an average of 8 per household is too large a number to use with regards the CBDG permit application. He thinks the average number should be lower to better reflect the community size. He recommended that we look at the ordinance on facilities for the handicapped and use the information gathered for the CBDG application to determine if 8

residents is an appropriate number that reflects the demographics of the community.

  1. Diane Grose reminded Eric of the possible ending of her term at the end of this year.
  2. Not sure of the November training date.
  3. Minute approval
  4. Motion: Diane Grose
  5. Approve July 16th, 2008 minutes
  6. Second: Gary Weight
  7. Passed unanimous
  8. Hold August 20th minute approval till next month (October) as there was not time to get it emailed to board members for review.
  9. Diane Grose: Motion to adjourn.
  10. Passed unanimous
  11. Adjourned at 11:15 p.m.

Community Members who testified at Public Hearings

Stephanie Woolstenhulme

Debbie Bunker

Bryon Murdock

Kevin Distefano

Blaine Smith

Terry Heftel

Teri Welch

Marti Blotter

Paul Duke

Lori Hobbs

Romy Sullivan

Minutes approved 10-15-2008

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