Public Hearing
Regular MeetingLevan, UT · June 5, 2024
Minutes
Public Hearing
Meeting minutes
June 5, 2024
6:30 pm
Opening Business
Meeting started at 7:35 pm
Welcome
The meeting commenced with a welcome given by Nathan Washer, Chairman of the Planning Commission.
Present at Meeting: Planning Commissioners Nathan Washer, Conner Lunt, and Jesse Carter,
Town Council Representative Rachel Goates. Meeting Recorders Chantal Rowley and
Christine Carrigan. Also present: Robert Shepherd, Holly Thomas, Alexa Greenhalgh, Tyler
Shepherd, Nick Childs, Carol Bennett, Taylor and Taelyn Squire, Bret and Deana Ballow,
Judy Smith
The meeting commenced at 6:35 PM. The purpose of the public hearing was clarified, which was to receive
public comment regarding the adoption of the Adequate Public Facilities Ordinance for the Town of Levan.
Public Comment on the Adoption of the Adequate Public Facilities Ordinance for the
Town of Levan
Speakers discussed the draft of the Adequate Public Facilities Ordinance. There were concerns and clarifications
requested about the responsibilities concerning adequate public facilities in territories of new developments,
especially in terms of water flows, pressure, and electrical supply. The conversation continued focusing on the
detailed content of the Adequate Public Facilities Ordinance, covering multiple public utility systems (e.g.,
water, secondary water, sanitary/septic, stormwater, streets and transportation).
Responsibilities Clarification
It was clarified that while it appeared the responsibility to ensure proper facilities could seem individual-
dependent, it essentially rested on the town to ensure public utilities provision and adequacies. A suggestion was
made to explicitly detail the responsibilities to avoid ambiguity.
Ordinance Wording and Implementation Concerns
Several speakers pointed out that some sections of the Ordinance were worded complexly, potentially causing
misinterpretations. Calls were made for simplification and specificity regarding burdens of proof and exact
requirements permit applicants needed to meet.
Several goals were emphasized, including making sure the ordinance specified timeframes and mandates for the
city to act to provide and maintain facilities, thus not indefinitely curtailing development. Two speakers felt that
the Town might use this ordinance to prohibit any new construction. Nathan explained that an AFPO was to
protect the current residents and the Town if there were any permit applications that exceeded the ability of the
Town to provide the requested utilities and infrastructure. There was no intent to simply stop new development.
Water Peak Flow Right
The moratorium on new building permits requiring a water connection was not part of the agenda but was a
prime concern for several individuals attending the hearing. The discussion revolved around the town’s current
state and issues with peak flow rate, pressure, and supply adequacies, particularly in relation to the state’s
standards and directives. The overall sentiment expressed pertained to understanding actual water usage and
ensuring water flow (GPM) within the Town’s Water Right. It was noted that the primary issue arose with state
assessments of peak water usage.
The Commissioners and Clerk assured the attendees that the Town Council was diligently researching solutions
to resolve the Peak Flow Right issue.
Adjourn
A motion was made to adjourn by Jesse Carter, Seconded by Conner Lunt
Meeting adjourned at 7:45 pm.
Christine Carrigan, Clerk
Agenda
PLEASE TAKE NOTICE that the Mayor and members of the Planning Commission of the Town of Levan,
Juab County, State of Utah, will hold a Public Hearing on Wednesday, the 5th day of June 2024, at its
regular meeting place, the Levan Town Hall, 20 North Main, Levan, Utah, at 6:30 P.M.
The agenda shall be as follows: The order of business may change as time permits.
1. The purpose of the public hearing will be to receive public comment regarding the
adoption of the Adequate Public Facilities Ordinance for the Town of Levan. A copy
will be available for public review in the town office. All members of the public are
invited to attend and participate.
In accordance with the Americans with Disabilities Act Levan Town will make reasonable
accommodations for participation in the meeting. To request assistance, contact the Levan Town Office
at 435-623-1959. I hereby certify that the foregoing agenda was posted at the Levan Town Hall Levan
Post Office, Good 2 Go, and online at www.levantown.org and www.utah.gov/pmn. A closed session may
be called to order pursuant to Utah State Code 52-4-204 & 52-4-205.
Dated this 22nd day of May 2024
Christine Carrigan, Clerk
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