DANIEL TOWN PLANNING
THE DANIEL TOWN PLANNING WILL HOLD THE MONTHLY MEETING
AND PUBLIC HEARING ON August 19th, 2009 AT THE COUNTY
COMMUNITY SERVICE BUILDING AT 55 SOUTH 500 EAST HEBER CITY
UTAH. IN THE NORTH CONF. ROOM # 132 AT 7:00 P.M.
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
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
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
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 email@example.com