Planning Commission minutes August 19, 2009







A quorum was present: Eric Bunker, Lynn Crisler, Ed Pressgrove, Gary Weight,

Kim Norris, Barry Hobbs, Diane Grose

Eric Bunker opened the meeting at 7:00 p.m.

Members of the Public who signed in: Hugh McLean, Joyce Anderson, Darwin McGuire,

Sherry Sawdey, Debbie Bunker, Stephanie & Jim Woolstenhulme, Jaye & Scott Binkerd,

Carrie Anderson, Jean Mortensen. The secretary noted others were there who did not sign

the roster.

Public comment (2 minutes please)


1- Callister Subdivision update

This item also ties in with item 5. The town needs to replace the signature block

on plans that have already been submitted and for future plans that will be submitted. The

current plans will not be held up in any way as the change is made.

2- Sherrie Sawdey – Public hearing (zone change request R-A-5- to commercial)

2777 S Mill Rd, Daniel, Utah (residential agriculture 5 acre)

Kim Norris moved to open the public hearing and it was seconded by Ed

Pressgrove. The vote was unanimous.

Those members of the public were asked to come to the podium and state their

name before making any comments. All who commented are from the Town of Daniel.

Hugh McLean commented that he learned a long time ago that separating areas

(commercial/residential) creates problems. He shared an example of overcoming those

differences in a win/win situation referring to an industrial area in St.George that is

within a stone throws distance of Main Street. Most of the residents don’t even know it’s

there. People couldn’t, see, hear or smell what was going on in that industrial area. He

suggested that it is possible to have a win/win situation in this particular case by forming

some kind of barrier between the commercial and residential boundaries. Perhaps a berm

could be placed between the properties. This would increase the value of both properties.

He urged the board and applicant to figure out some kind of design where both property

owners could win.

Stephanie Woolstenhulme explained that her property borders Sherry’s property.

Rezoning Sherry’s property would put whatever business she decides to put there in her

backyard. She brought forth a petition containing 124 signatures to show to the board and

explained that she was representing those who signed. She also had a document that

contained a history of the Sawdey property before they owned it and before the town of

Daniel even existed. She read this history stating dates and owners and jurisdictions

(Wasatch County/Daniel Town). She explained that all those who signed the petition

wish to keep the town of Daniel as a rural area. She built her home for her children to

experience a rural atmosphere like she experienced growing up. She read, “In 1998 the

Sawdeys applied for and were given a building permit to build a one-single dwelling at

2777 South Mill Road.” She further explained that this was not a lot of record. She feels

that if a commercial zone change is approved that Sherry Sawdey will sell the property

as a commercial lot which will open a can worms and allow numerous types of

commercial businesses to apply for a permit to build.

Sherry Sawdey responded by explaining that she was working at Century 21 when

she acquired the property. The County told them they could build on it if they subdivided.

They complied and did have it recorded. She and her husband, Bob, discussed having a

tree farm built on it. Shortly after that discussion he passed away and she is just trying to

fulfill his wishes. It was not his lifelong dream as had been alluded to. But she cannot

carry out this plan as she needs help with it by leasing the property to a professional to

put it together and run the business. In order to lease to a professional the lot must be

changed to commercial zoning. She stated it is not her intention to sell it.

Jaye Binkerd declared that zone changes are a breach of faith with the existing

neighbors of the proposed property. The neighbors bought their property knowing that

they were moving into an agricultural/residential area. If the proposed property is

changed to commercial anything could by placed there. The noise, light, smell, etc. could

be overbearing. She asked the following questions; Can’t we put this to bed? Do we have

to do this every year? Does it have to come up every year?

Stephanie Charrington feels that a commercial business on that property will

make that intersection more dangerous. It is very difficult to get across highway 40 now.

Would there be a traffic light put there? Would the town people have to pay for it? Why

can’t no mean no? Sherry’s application has been denied in the past and the residents have

said no many times. She said that the lot is presently not a legal lot. She further stated that

she has a paper from the County dated February 1, 1994 with Sherry Sawdey’s signature

on it indicating that she planned on making the property commercial at the time of

purchase. (The board is not in possession of a copy of that paper.) Sherry denied having

signed that paper.

Sherry Sawdey responded to Stephanie Charrington’s comment about a traffic

light on highway 40 explaining that only UDOT could approve a light at that intersection

and the town people would not pay for it. She also stated that property owners have the

God given right to use their property as they want.

Jim Woolstenhulme acknowledged that Sherry has the legal right to put a tree

nursery in right now. It doesn’t need to be zoned commercial to which Sherry responded

that in order to lease to a professional to run the nursery it would have to be zoned


Jim Steiner held that the town people have entrusted the board to look over their

interests. A rural atmosphere is what is desired by the inhabitants. He saw what happened

to Heber City when they didn’t represent the interests of the populace. He is most

definitely against this change. He suggested that if money is a ruling factor for the board

to consider this zone change then please take pride in our property first. Concerning the

junk yard and the old worn out Quonset hut and a few other untidy areas, perhaps a

CC&R could be enforced or installed as part of our town plan.

Joyce Anderson feels that if a zoning change is made for one property owner then

we must make changes for anyone applying.

Scott Binkerd gave a blank piece of paper to Sherry and asked her to sign her

name to see if that signature matched the signature on a document dated February 1, 1994

that states she wanted to put a commercial enterprise on the property from the beginning.

She signed the blank paper and the signatures were compared and matched. Scott

declared that Sherry wanted this area to be commercial from the start. Scott affirmed that

he does not want this property zoned commercial. Once Sherry is gone there is no

guarantee that this area will stay a tree farm. He stated that the board set the precedence

for this area to be rural and they need to stick to the precedence they already set.

Sherry Sawdey conferred with her friend, Debbie Bunker, and Sherry recalls that

when she signed that paper she thought she was getting taxes reduced on her property.

Kerri Anderson explained that two years ago, when the property was listed “for

sale by owner” she talked to Sherry about buying it with the idea of putting her floor

covering business there. Kerri and her husband, Allen, talked it over they decided not to

buy in case the economy took a downward turn. They intended to buy that property for

commercial use. Sherry has been trying to sell this property for commercial use for many

years. We do need to do something to increase the revenue for our town but she does not

want to see this piece get sold for something other than a tree nursery. She feels that that

is exactly what will happen. It will be opened up to all kinds of business possibilities if it

is zoned commercial. She strongly suggests that this property not be rezoned commercial.

Shelly Bunker commented that she has commercial next to her. The person who

owns it may sell it and if so whoever buys it must come before the board with an

application for what their intended use would be which may or may not be approved. She

is very offended that some members of the public think the board is in it for the money.

The board is accepting Sherry’s application every time she submits it according to the

law. As a property owner, Sherry has the right to submit an application every year as long

as she is willing to pay the fees. This board is doing everything legally as stated by the


Ed moved to close the public hearing with Diane Grose seconding and the vote

was unanimous.

Eric Bunker explained to the board that he had received a couple of letters against

the zone change and two phone calls in favor of the zone change.

Barry Hobbs stated that if this area is zoned commercial it would create an island

surrounded by residential. Does it make any sense to create an island? The strip along

Highway 40 needs better infrastructure. He would like to see a frontage road put along

this corridor to separate the commercial area from the highway thus alleviating traffic

problems. He explained to those present, to be sure they understood, that an enterprise

zone does not mean zoned commercial., That an enterprise zone offered tax incentives if

someone were to build in those areas.

Gary Weight explained that last year no recommendation was made by the

Planning Commission. At some point the county made this property a legal lot overriding

the fact that it did not meet all the requirements. He has experienced the same thing and is

sure that many others have as well; that of gaining approval by the County to build on a

lot that did not meet all the requirements (frontage, acerage, etc.). Many heads nodded in

agreement. He went on to explain that Heber City and the town of Independence are

making a commercial corridor along Highway 40. He thinks that this property will

become commercial someday but would rather not see it happen now. Let’s wait to see

what other commercial entities are built along this corridor.

Diane Grose said that she would not mind seeing this property zoned commercial

if there wouldn’t be such an adverse effect on the residential property so close to it. There

isn’t any access to this property from highway 40 so any commercial traffic would have

to use Mill Road causing any residents in that area to have to deal with the extra traffic.

Now is not a good time to make that property commercial.

Kim Norris explained that he did not live here when the town was created but has

communicated with many people who do live here. They all explained to him that the

reason they supported becoming a town was to stop Heber City from doing whatever they

wanted in this area. The Planning Commissioners and Town Council members are doing

a good job trying to keep this a rural/agricultural area. This was proven at the Truth in

Taxation meeting held earlier when no one complained about the increase in taxes for

next year. He was impressed that the people of the town would be willing to pay higher

taxes in order to keep this town rural.

Ed Pressgrove commented that most of the things we have created here can be

mitigated. We have to use whatever we have to defend the rights of property owners and

he wants to use the best judgment he can for this plan. The board will do its best.

Gary Weight used a town map to show what kind of zoning currently exists across

the highway from Sherry’s place. Directly across it is residential but there are strips of

residential/commercial interspersed along that corridor.

Barry Hobbs moved that we recommend to the town council to deny the request

of zone change to commercial with Diane Grose seconding. Discussion: Gary Weight:

Do we need to include our reasons for our decision? It was pointed out that the public and

board discussions are in these minutes and can be accessed as needed. The Town Council

will hear many of these same comments when they hold a public hearing on this property

a month or two from now. Eric did explain that you can include in the motion that the

minutes be attached and then each Town Council member would receive a copy of these

minutes. The commission members decided that including the minutes does not need to

be added to the motion. The motion & second stand as originally stated. Roll call vote:

Lynn Crisler, yea; Ed Pressgrove, yea: Gary Weight, yea; Kim Norris, yea; Barry

Hobbs, yea; Diane Grose, yea. The motion carried.

3- Wind energy conversion systems WECS. Ordinance recommendation.

This item is going before the Town Council in September.

4- Public Hearing-Daniel Town Land Use Plan. Recommendation to Town Council

Gary Weight moved to open the public hearing for the Daniel Town Land Use

Plan. Kim Norris seconded the motion. The council members voted aye with Diane

Grose abstaining.

There was no public comment.

Barry Hobbs moved to close the public hearing for the land use plan with Diane

Grose seconding and the vote was unanimous. Motion carried.

Lynn Crisler moved that we continue this next month with Barry Hobbs

seconding and the vote was unanimous. Motion carried.

5- Peterson lot split Hwy 40.

See item 1

6- Approval of minutes

Gary Weight moved to approve the minutes of 15 July 2009 with Ed Pressgrove

seconding and the vote was unanimous. Motion carried.

7- Administrative issues: Administrative Building permits, water, annexations, etc.

In four months there will be four openings on the board.

The town has moved forward with the condemnation of the water tank. There is a

hearing in front of Judge Pullam on the 31st of August. There is an update on the website;

8- Motion to adjourn.

Diane Grose moved to adjourn this meeting and the vote was unanimous.

The meeting closed at 8:36 p.m.

Daniel Planning reserves the right to change order of, and add agenda items.

In keeping with the American Disability Act all are invited to attend.

If you need Special accommodations please call Eric Bunker 654-0409 Forty Eight, 48

hours before the meeting. Written comment accepted

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