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By Myrna Trauntvein

Times-News Correspondent

Only two interested citizens attended a public hearing held on a proposal to change the zoning around the Mills area to commercial/industrial.

The hearing was two-fold with commissioners acting on one part of the planning commission recommendations&emdash;to clarify some items of the zoning ordinance&emdash;but not acting on the larger proposal to change the zone.

"Some of the wording in the ordinance was ambiguous," said Glenn Greenhalgh, county planning commission administrator.

The zone change would clear the way for enterprises, other than John Kuhni and Sons, Inc., such as a service station, to open shop near the county line.

"We need more tax base to allow our residents to enjoy services without increased property taxes," said Steele.

Graham Misbach and his wife were the only two interested residents to attend the hearings.

Greenhalgh explained that the meeting was to take public comment on whether to zone a one-half mile to one mile radius from the freeway interchange at Mills junction commercial/industrial.

"I am in favor of it," said Misbach. "That way there would be no potential residential area located close enough to the industrial zone to be affected."

In addition, he said the zoning would be consistent with freeway planning.

Craig Sperry, county recorder, said he thought it was a good idea to designate industrial areas in that area and, perhaps, in other areas as well.

"For example, I think there needs to be an industrial zone at Jericho Junction," said Sperry.

There were also other possible areas such as west of Mona and smaller areas such as surrounding an airport where the industrial zone could be beneficial.

Steele said that in the county general plan industrial and commercial development was designed for the south freeway interchange. The plan, he said, was drafted when the freeway south of Nephi had just recently opened.

Perhaps, he said, it would be wise to now include all of the freeway interchanges in that plan.

Also in the mission statement of the general plan, all aspects of the economy, such as industry and mining, were considered.

"We are, at last, getting some jobs to keep our young people in the county when they grow up," said Steele.

Shirl Nichols, county assessor, said he thought now was a good time to designate industrial commercial areas such as the half-mile designation for the freeway area near Mills interchange.

Because of Moroni Feed and the railroad spur which had been built between Levan and Nephi, other industry might be attracted to that area.

"Let's zone now so that, in the future, there is no problem," said Nichols.

Misbach said that while he supported the industrial zone around the Mills Interchange, he thought there would be a time limit included in the zoning ordinance which would suggest a time limit within which an appeal should be addressed.

"I think it should include the wording that an appeal should be addressed within so many days," said Misbach.

That would be difficult to do, said Greenhalgh, because courts do not give time limits on when they will address items or when they will give rulings.

Misbach said that Blaine Malquist, Nephi, had filed an appeal on the conditional use permit issued Kuhni's.

"Another meeting was held after the appeal was entered and the conditional use was passed."

He said he thought the appeal should have stopped all action.

The appeal did stop the first conditional use permit dead in its tracks, said Greenhalgh. However, the planning commission had started over.

Legal counsel had advised the planning commission that they could, legally, start the process over and address those issues where there had been fault. That had been done, so while the first permit was dead, the second permit followed each restriction and was now in place.

"We started the process all over," said Sperry.

"The election took away our legal counsel," said Wm. Boyd Howarth, commission chair. However, he said, the commission had turned over the appeal to the court and was waiting action from the court.

Nevertheless, the second permit had been issued and Kuhni's could now begin grading on the property they will now purchase from Jerold Hall.