Planning Commission minutes January 5, 2009

Town of Daniel

Town Council Meeting and Public Hearing Minutes

in Conjunction with the Planning Commission

January 5, 2009

Wasatch County Services building

Room 132 55 South 500 East

Heber City, Utah 5:30 PM




The mayor turned the meeting over to Council member Bunker at 5:48 PM. As Chair of the Planning

Commission, Mr. Bunker called the Planning Commission members forward. A quorum was present: Diane

Grose, Barry Hobbs, Kim Norris, Eric Bunker, and Gary Weight (arrived late). Mr. Pressgrove was excused.

Diane Grose moved to open the public hearing, and the motion was seconded by Barry Hobbs. The

motion passed by a unanimous vote.

After distributing information packets to the commission, Mr. Harry Weyandt discussed his acquisition

of the property and his desire to master plan the entire 10 acres he now owns. He introduced his team: Lane

Lythgoe, architect; Paul Berg, engineer; Mike Petersen, builder; and Rick Kinateder, concept artist. He

discussed his concept of developing a project with a variety of retail businesses that would benefit Daniel by

generating tax revenues. Nitro Pak will be the anchor business, but there are 3 parts to his plan. A fuel station

built on approximately 1 ½ acres to accommodate trailers and large vehicles would bring customers into the

development, retail businesses would benefit from these same customers, and the third part would be a business

storage and warehouse complex. The 3 parts must work together in a synergistic way, and he believed that the

project meets and exceeds the expectations of the general plan for Daniel.

He would like to use the Silver Creek complex in Park City as an example of the design and feel for the

project with rustic wood and stone and a monument sign for the Town of Daniel at the entrance of the project

and our town. He proposed that the Nitro Pak building will be the “greenest” building in Wasatch County, and

he asked Mr. Lythgoe to explain the LEED (Leadership in Energy in Environmental Design) designation that he

is striving to achieve. The building will utilize geothermal, solar, recycled materials, etc. Mr. Weyandt offered

artist renditions of the buildings and concept design as he proposed it.

During the PUBLIC portion of the Public Hearing the following commentators gave their comments:

Lambert Deegan voiced concerns about the following: advertising signs, directional signs and other

signage, night time lighting, traffic problems at the intersection, parking. He commented that the design needs

work to make it feasible for local residents.

Shelly Bunker supported the project. She commented that the lights from the transfer station are already

objectionable. No one wants to live around the transfer station and county building. We need tax revenue, and

it makes sense to zone this property commercial.

Jim Percy had concerns for the increased traffic that will occur on 3000 South, and he hoped that this

would not become the bypass that Daniel has fought for so many years.

Mayor Mike Duggin showed an aerial photograph of the area illustrating that the property is directly in

line with the Heber City airport runway. He offered the opinion that there is not a better spot in town for

commercial property, and he couldn’t imagine a more elegant entry into our town than the one depicted in the

artist’s rendition. The project could provide employment opportunities for our young people.

Teri Welch had praise for Mike Peterson’s building history. She pointed out that our town currently has

no property tax, and we need to find a location and design that will bring tax revenue into our town. She

believed that “these gentlemen are sincere and really want to do this”.

Kipp Bangerter spoke in favor of the concept plan and felt this was the best location for it. He noted that

traffic is already coming up 3000 South, but he did not believe that large diesel trucks would use our residential


Terry Heftel testified that Harry Weyandt has always carried through on his projects. He believed that

commercial zoning should be in this location and favored the project.

Merry Duggin noted that this project might provide jobs for some of our citizens who require a job,

shopping would be convenient for our citizens, and she commented on the beauty and environmental friendly

design of the proposed project. She also noted that if a person wishes to drive on 3000 South, no one can

prevent that as it is a public road.

Vickie Weyandt commented that as a non resident of the area she wouldn’t get off the main highway

and use residential streets for fear of getting lost.

Council member Jon Blotter asked for an estimate of the tax revenue that Mr. Weyandt believed would

benefit the town. Mr. Weyandt replied that his estimate was between $3,500 and $5,000.

To answer some of the concerns of the public, Mr. Weyandt indicated that the project would have a

block wall on the eastern edge to buffer the adjoining property. There would be a 20’ buffer between

commercial and residential zones. Signage would be installed to direct traffic back to 189 and not encourage

use of 3000 South. Paul Berg is planning to work with UDOT to change the intersection and move the present

driveway on HWY 189 to a new alignment. Lane Lythgoe commented that canopy lights would be used to

avoid light pollution and would probably be more restrictive than Daniel Town ordinances currently require.

Planning member Barry Hobbs moved to close the public portion of the hearing. Mr. Gary Weight

seconded the motion, and the vote was unanimous.

The Planning Commission opened their discussion with a comment from Mr. Hobbs that though the

design appeared to be beautiful, once the zone change was approved Mr. Weyandt could sell the property and

many other things could be built on the property. Ms. Diane Grose noted that we consider only one application

at a time, and we were currently considering only this application.

Mr. Hobbs also believed that the traffic issues are substantial and could become a problem.

Mr. Gary Weight noted that even if we have no guarantee that his project will be completed as

illustrated, we could have this project or sound barriers from the airport. He also noted Mr. Weyandt’s

willingness to work with the town, and stated that if Daniel is going to have a commercial zone, then this would

be the place to put it.

Mr. Hobbs moved that the Planning Commission recommend to the Town Council to approve the zone

change from RA 5 to Commercial. Ms. Grose made the second, and the following commissioners voted to

recommend approval: Weight, Hobbs, Norris, Grose. There were no nays.

The motion to adjourn the Public Hearing was made by Diane Grose. And the meeting was turned back

over to Mayor Duggin and the Town Council.

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