Planning Commission minutes October 15, 2008

Town of Daniel

Daniel Planning Board Meeting

October 15th, 2008

County Community Service Building at 55 S 500 E Heber, UT

In the North Conference Room #137 at 7 p.m.

Quorum: Eric Bunker, Ed Pressgrove, Gary Weight, Francis Smith, Barry Hobbs, Diane Grose is excused; out

of town, Lynn Crisler-absent

Chairman Eric Bunker started the meeting at: 7:04 p.m.


  2. None
  3. Nephi Trunnell (zone change request) RA5 to Commercial Public Hearing.
  4. 3600 s Hwy 40(Continued from Aug 20th)
  5. Motion: Barry Hobbs
  6. Re-Open Public hearing
  7. Second Ed Pressgrove

iii. Vote is unanimous

  1. Nephi showed the council a map of his property for location purposes. He also showed them a

plat map of his property. Currently there is one small corner of the property that is residential

with the rest being commercial. He would like to make the whole property commercial. He read

a letter he received from UDOT and left a copy of the letter with the board. Barry Hobbs asked if

there was a frontage road. There is none. If we wanted one the town would have to build and

fund it. UDOT made the provision that the Davis & Peterson properties would share an access.

UDOT wants only one shared access. They will grant an access every 1000. Nephi & Lindsay

would share another access. If Nephi gains access off hwy 40 he would not need to use access

off Little Sweden road. He stated that he would use the access off Little Sweden as an

emergency/fire access and a secondary auxiliary access. He would have US Hwy 40 address.

What about acceleration, deceleration lanes? Or provisions for a turn lane? He will ask UDOT

about those items. Peterson and Trunnell are filing a joint application with UDOT.

  1. Motion Ed Pressgrove
  2. Recommendation to council for approval
  3. Recommendation dies for lack of second
  4. Discussion: Barry Hobbs: Would like to keep the 300 ft boundary line off of highway 40 rd.

Need to keep it the same all along the property on 40. How many decisions will we have to

make along that corridor?

  1. Eric Bunker commented that the town has the authority to change partial zoned properties.
  2. Francis Smith is worried about the possibility of Nephi using the access off Little Sweden if

UDOT doesn’t come thru with what Nephi wants.

  1. Gary Weight is worried that they might put a house on the 1/3rd acre that is currently zoned

residential if he doesn’t get approval to make the whole property commercial. He doesn’t like

that idea.

  1. Nephi will pursue the application with UDOT.
  2. Motion: Ed Pressgrove
  3. Recommendation for approval to Town Council
  4. Second: Gary Weight.

iii. Roll call vote

  1. Ed Pressgrove: aye
  2. Gary Weight: aye
  3. Francis Smith: aye
  4. Barry Hobbs: nay
  5. Motion dies
  6. Discussion: Francis would like to make sure that they secure Hwy 40 access
  7. Motion: Ed Pressgrove
  8. Recommend for approval to Town Council with a strong recommendation that the

applicant secure Hwy 40 access.

  1. Second: Gary Weight

iii. Roll Call Vote:

  1. Ed Pressgrove: aye
  2. Gary Weight: aye
  3. Francis Smith: aye
  4. Barry Hobbs: aye
  5. Motion carries.
  6. Motion: Gary Weight
  7. Close public hearing
  8. Second: Francis Smith

vii. Vote is unanimous

  1. Sherry Sawdey (zone change request) RA5 to Commercial Public Hearing.
  2. 2777 S Mill Road. (Continued from Aug. 20th)
  3. Motion: Gary Weight
  4. Re-open public hearing
  5. Second: Barry Hobbs

iii. Vote is unanimous

  1. Discussion: The board was show a map of the Sawdey property.
  2. Francis is concerned about the intersection and water and sewer. It is a dangerous intersection.

Loading the intersection with commercial traffic will make it more unsafe. Is the timing right?

His major concerns are timing, utilities, and Hwy 40 access,

  1. Gary is concerned about approving this property to commercial will open the door for other

residential property owners wanting to change to commercial.

  1. Public comment;
  2. Attorney Randy Birch: If the property is approved for commercial and Sherry were to sell

the property the planning board would make anyone else who might buy the property

have to comply to codes. Just because it would be commercial – the board can set

restrictions: i.e. Limit the infrastructure (utilities) to prevent bigger commercial

companies from being able to move in. Anyone else that might by the property in the

future would still have to comply with current restrictions.

  1. Stephanie Wolstenhume – property next to Sawdey property. Stephanie has a house on

her property and has been a resident since 1972. In June 1998 Sherry Sawdey was given

right to build a one family home with a one family septic on the property. According to

the health department the home and septic would have to be separate from any business

on the property. The business would have to have a separate water and septic sysytem.

Wasatch County stated (see Wasatch County plan) that this piece of property does not

support commercial zoning. It is to far out to support commercial. They (Wasatch

County) strongly advises against commercial in that area. What does this open the town

to? It goes against the Towns plan of 5 acre lots. Opens area up for heavier traffic in a

residential area. If it is re-zoned, Sherry can put whatever business she wants in there or

sell to some other business. Barry showed Stephanie the Town Code for residential

property next to commercial property. She says it goes against general plan and will not

benefit town.

iii. Attorney Birch 8.10.01 Read part of code. Read Ryan’s (of Epic Engineering)


  1. Ryan: staff report: Doesn’t have his report
  2. Harry Weyandt: Is it in the enterprise zone? Yes
  3. Jim Percy – It is in close proximity to Hwy 40. Mill rd not major roadway.

vii. Eric town does not have the classification for the road. The County considers it a major


viii. Harry Weyandt: Thought of buying this property at one time. Because it is in enterprise

zone – what is best use for that property? Heber City wants to make that whole corridor

commercial. Commercial requires ½ to 1 acre. Because it is going to be commercial zone

(Heber City) – there are already spot zones all along there. Might want to make

conditional uses. Logically he would be for a commercial site there. He looked at town

map. It would be a logical place for people to turn into. He thinks it would make a good

commercial zone

  1. Jim Percy: He understands that the strip along Hwy 40 will become commercial. But why

allow customers to turn in onto a residential street? When that whole area becomes

commercial access will be from hwy 40. Wait till then. Don’t let commercial use a

residential road.

  1. Discussion by the board: Code 8.21.19 Establishes a border between residential and

commercial properties.

  1. Gary has no problem with a business in there but feels her property needs to be all

commercial and not mixed. Eric says that the whole property will be zoned commercial.

Gary thinks the house should be torn down and all the property be used for commercial –

not mixed use.

xii. Barry asked if the applicant is aware of all the restrictions. Yes she is.

  1. No recommendation from the planning board.
  2. Motion: Francis Smith
  3. Close the public hearing
  4. Second: Barry Hobbs
  5. Vote is unanimous
  6. This application will be reviewed at the Town Council meeting on November 17th, 2008
  7. Mike Peterson ( building permit) Commercial zone
  8. Eric showed the plan maps to the board members. UDOT has approved access to the property

with a 50 ft with deceleration and acceleration lane to the property.

  1. Paul Berg: Request for approval of bldg plan so the County can look at the building plan and

issue building permit. He showed the plan map to the board members. An office with warehouse storage.

  1. Is there sufficient access to warehouses? Yes. Shows map to the board again. Would there be

landscaping around the property. Yes. Eric shows landscape plan to board. The owner has read

the code and meets code requirements as written. Tonight just seeking approval to go ahead with

the building plan.

  1. Motion: Francis Smith
  2. Allow the application request to take the building plans to the County for plan check

review and will come back to this council for final approval, bringing the letter of final

approval from UDOT.

  1. Second: Barry Hobbs
  2. Vote is unanimous
  3. Mike Richardson ( agriculture building )
  4. He is not here
  5. Ryan (Epic Engineering): Has everyone read staff report. Yes. Mike Richardson lives 2 doors down from Ryan. Personally, he has no objection to this application. 8.2.04-05: look at staff report.
  6. Look at recommendations on page 1 of the staff report.
  7. Crazy Acres to Storm Haven isn’t zoned ra5. This application does not meet the setback footage.

Option – get variance.

  1. There is no deadline for this application.
  2. The footprint of this structure is the same as what original plan was. The reconstruction is twice

as high as the original structure.

  1. Ryan would like to see the aesthetic improvement to this property. This is not actually an agriculture building.
  2. Barry mentions that we need to adhere to the code.
  3. Motion: Barry Hobbs
  4. Approve the building permit with the condition that the proposed structure shall not be

used to house animals.

  1. Reason for approval: The use for the proposed structure shall be more restrictive

than the existing / previous structure as the proposed structure will be the same

footprint and shall not house animals and is compliance with 8.22.05

  1. Second: Ed Pressgrove
  2. Vote is unanimous
  3. Daniel Canyon Lodge (continued from Aug.20th)
  4. Nothing new
  5. Motion: Barry Hobbs
  6. To continue till we have more information
  7. Second: Francis Smith
  8. Vote is unanimous
  9. New Agriculture Permits
  10. Have done 3 applications administratively; Kim Norris, Tyler Rose & Melvin Kohler. Can see these on the website:
  11. Administrative issues and reports
  12. The minutes of the current meeting will be emailed approximately 1 or 2 weeks before the next

meeting for approval from board members. Please reply to the email with approval or comments

and/or corrections.

  1. Letter of recommendation about therapeutic boarding school to town council: motion from town

council to continue. Thoughts are: Is a therapeutic boarding school better than a residential

treatment center?

  1. Is there something that planning board can do to put restrictions on school via code?

Gary recommends emailing thoughts back and forth with each other and mayor.

  1. Eric sees therapeutic, residential treatment, & facility are 3 separate issues. What is

what? Are they handicapped? What fits under ADA?

  1. Reports: Moving forward with bring Daniel irrigation and the culinary water into town. The water would stay under the jurisdiction of the original companies.
  2. Minute approval
  3. Motion: Gary Weight
  4. Approve the August 20th, 2008 minutes
  5. Second: Barry Hobbs
  6. Vote is unanimous
  7. Motion: Barry Hobbs
  8. Approve the September 17th, 2008 minutes
  9. Second: Gary Weight
  10. Vote is unanimous
  11. Motion to adjourn.
  12. Motion: Barry Hobbs
  13. Vote is unanimous

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

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

If you need Special accommodations please call Eric Bunker 654-0409, 48 hours before the meeting.

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