OF THE REGULAR MEETING OF THE
TOOELE COUNTY PLANNING COMMISSION
HELD May 4, 2016
1. Chairman Lynn Butterfield called the meeting to order at 7:00 p.m. The time, place agenda of the meeting had been provided to the Tooele Transcript Bulletin and to each member of the governing body by delivering copies of the notice and agenda at least two days before to each of them.
2. ROLL CALL. The roll was called by Linda Orr showing Lynn Butterfield, Gordon Beals, Julie Pawlak, Martie Leo, Gordon Beals, Nathan Hall and Cameron Spencer in attendance, with Blaine Gehring and Mark Nelsen representing the county. Also in attendance were Jennie Gallegos, Casen Garr, Orrin Jenson, Jackson Moray, Brandon Barney, Joseph Luke, Gerry Wilberger, Howard Van Wyck, Carol Haddock, George Wilberger, Randall Jones, Sarah Orme, Greg Ghidotti, Mike Griffith, Kary Griffith, Richard McFadden, Jene Lanley.
Welcome of the Boy Scout troop from Rose Springs.
3. Approval of minutes for April 6, 2016
A motion to approve the minutes of April 6, 2016 was made by Cameron Spencer with Martie Leo second. Roll call was taken with all approving.
4. Sub 2015-11 Liddell Acres, ACK Holdings, LLC developer.
Staff report was given by Blaine Gehring. A motion was made to approve the subdivision by Martie Leo with Cameron Spencer second. Roll call was taken with all approving.
5. AMD 2016-01 CUP 2014-07 Kennel for Greg and Darnell Ghidotti
Staff report was given by Blaine Gehring. Lynn Butterfield excused himself as he had a conflict of interest. This was a request for an extension of the CUP granted last year. Attorney Sarah Orme for the applicant came forward and spoke for the Ghidotti’s. She gave some background of the previous permit and some history concerning the application. She explained the law suits involved with the case. She explained the Ghidotti’s position because of the lawsuits and the circumstances under which they felt they were working towards their CUP. She explained what has been done to comply with the CUP. Julie Pawlak stated that with a private kennel the CUP states that they could have up to 12 dogs 3 of which could be theirs. It was then stated that the Ghidotti’s were in violation of the code because they have 10 dogs which are theirs on the property. The attorney stated that the CUP was not clear as to the number of the dogs. Gordon Beals stated he could understand their position. He then asked Blaine Gehring about his analysis of the situation. Blaine clarified the county’s position. Gordon Beals asked about the definition of substantial improvement. Blaine clarified the definition. The Ghidotti’s felt that they could not put in improvements because of the threat of legal action. The Ghidotti’s felt they had 3 years to finish the kennel. Julie Pawlak asked if they had applied for a license for a kennel from Tooele County Animal Control. Mr. Ghidotti answered that they had not. The question was also asked if they had complied with the conditions for supervision of the dogs when they were outside. Mr. Ghidotti answered that those conditions have been met. Michael Donivan asked about the HOA and how they were informed. Mr. Ghidotti explained that they were not notified of the HOA when they bought the home. They did not receive any information until the meeting in which they applied for the CUP in 2015. The Ghidotti’s feel they have complied with the conditions of the CUP. There was also some discussion about making it a private kennel. Mr. Ghidotti stated that by the end of the extension he hoped to have the septic system, all utilities run underground and a slab completed. Julie Pawlak asked when they felt they would be in compliance with all the conditions listed on the permit. It was answered that they felt they would be done by the spring or fall of 2017. She asked when the building would be complete. It was stated that it would be about the same time. The Ghidotti’s felt the 6 months extension would get them to the point where they would have some traction. More questions were asked about a substantial improvements. This was clarified by Blaine. Questions were asked about a private kennel vs a commercial kennel and the need for a new CUP if to be a private kennel. Nathan Hall made a motion to deny the request for a continuation with Julie Pawlak second. Roll call was taken with Gordon Beals voting no and all others voting to deny the CUP extension.
6. Open Public Hearing
A motion to open the public hearing was made by Cameron Spencer with Julie Pawlak second.
7. SUB 2016-05 Concept plan for Meadowbrook Subdivision
Staff report was given by Blaine Gehring. No one from the public spoke to this item.
8. Close Public Hearing and Open Discussion and Decision
Motion of close the public hearing was made by Cameron Spencer and Martie Leo second. Cameron Spencer asked about sewer and septic system. Nathan Hall commented on the letter from the fire department. Martie Leo made a motion to approve the concept plan with Julie Pawlak second. Roll call was taken with all approving.
9. Open Public Hearing
Motion was made to open the hearing by Martie Leo with Cameron Spencer second.
10. CUP 2016-03 Conditional Use Permit for Automotive Lube Shop
Staff report was given by Blaine Gehring. He also explained several conditions that would need to be met.
11. Close Public Hearing and Open Discussion and Decision
A motion to close the public hearing was made by Cameron Spencer with Martie Leo second. There was no discussion from the planning commission. Gordon Beals made a motion to approve the CUP with Michael Donivan second. A vote was taken with all approving.
12. Open Public Hearing
A motion to open the public hearing was made by Martie Leo with Cameron Spencer second.
13. CUP 2016-04 Conditional Use Permit for small limestone mining operations
Staff report was given by Blaine Gehring. Several conditions were presented that would need to be met. Joe White represented the applicant. Martie Leo asked about the conditions of the roads in that area. It was stated that the road was a gravel road. Gordon Beals asked about condition 10 and how that would be addressed. Martie Leo asked about the possibility of asking for an impact fee for a repair of the roads in advance. Staff reported that the commission is aware of the problem and looking for solutions.
14. Close Public Hearing and Open Discussion and Decision on CUP 2016-04
Motion was made to close the public hearing by Martie Leo with Cameron Spencer second. A motion was made to approve by Nathan Hall with Michael Donivan second. Roll call was taken with all approving.
15. Open Public Hearing
A motion to open the public hearing was made by Cameron Spencer with Martie Leo second.
16. CUP 2016-05 Conditional Use Permit for commercial child day care center
Staff report was given by Blaine Gehring. There was much discussion about the drainage and flooding problem created by the shopping center built in this area. Richard McFadden, Mike Griffith, Howard Van Wyke, Gerry Wilberger, Randall Jones, Mackenzie Murdock and John Stout all spoke to the issues of drainage and safety of the children by putting a day care in that area. Questions were also asked about a play area for the children and the compliance with state law. There were concerns about the truck traffic in the area for deliveries and the U turns they would need to make in order to exit after the deliveries. The applicants addressed the issues of safety in the play area and explained how much area the playground would be taking up. It was explained that a building permit would be needed to make the alterations inside the building. It was also explained that many of the other questions would need to be addressed between the applicant and their landlords. A motion was made to approve the day care made by Gordon Beals with Cameron Spencer second. Roll call was taken with all approving.
17. Close Public Hearing and Open Discussion and Decision on CUP 2016-05
Cameron Spencer made a motion to close the public hearing with Martie Leo second.
18. Public Concerns
Motion was made to adjourn the meeting by Martie Leo with Cameron Spencer second.