Demand a New Public Hearing for Industrial Rezoning at Helper’s Entrance

-Summary of the Issue-

Helper City has taken steps to approve a zoning change at the entrance to our community—located at the mouth of Price Canyon—changing land from residential (RR-1-30,000) to industrial (I-1).

This decision is not yet final, as no ordinance has been adopted to amend the zoning map. Although it appears the owner believes it is final as it is listed for sale advertised as recently rezoned to industrial. 

This location is particularly sensitive because:

- It sits at the mouth of the canyon, where wind activity is frequent and significant

- The downwind direction leads directly into the entire town of Helper

- This is the first visual as you enter our community. 

Any dust, debris, or industrial impacts generated at this site have the potential to affect the entire community, not just nearby properties due to migrating airborne particulates that will settle and move again as the wind blows. 

Why This Matters:

- The public was only given notice of a Light Industrial (LI-1) proposal

- The public notice for the hearing included both an incorrect property address and did not reflect the I-1 Industrial zoning that was ultimately approved

- The City ultimately approved Industrial (I-1) zoning, which allows a much broader range of uses

- The only public hearing (October 15, 2025) did not include I-1 zoning. The public WAS NEVER INFORMED OF THE DECISION TAKING PLACE

- The discussion focused primarily on one specific business proposal, not the full scope of what I-1 zoning allows. 

-Zoning applies to the land permanently—not just one project or owner.

- After the approval of the positive recommendation from Planning & Zoning on January 8, 2026, the property was listed for sale on February 6, 2026

- Any future owner may be under the assumption that they could utilize the full range of industrial uses believing zoning is finalized creating more legal issues for the city. 

LINK TO FILE CONTAINING PERTINENT DOCUMENTS 

Community Impact

Because of its highly visible location at the entrance to Helper:

There is potential for:

- A significant visual impact at the gateway to our community.  This does not align with the General Plan which is a requirement for rezoning 

- An industrial presence that alters the character of the town’s entrance

- Environmental concerns related to dust, debris, and material processing that in many scholarly research articles have been found to be extremely hazardous. 

During public meetings, discussion of the proposed use included references to:

- Crushing and processing materials such as concrete and asphalt

-  A DUMP 

- The potential for a large excavation or “dump pit,” described in discussion as being up to approximately 60 feet in depth

While this was discussed in the context of a specific proposal, it highlights the scale and intensity of industrial activity being considered at this location.

For many residents, this raises concerns about the possibility of an extreme eyesore and environmental impact at one of the most important and recognizable locations in Helper.

Detailed Timeline of What Happened

October 15, 2025 – Public Hearing (Planning Commission)

- Public hearing held for: RR-1-30,000 → LI-1 (Light Industrial)

- This was the only public hearing held

The public notice for this hearing contained an incorrect property address and did not reflect I-1 Industrial zoning.  Which was noted on several occasions to have been confusing to people as they could not identify which parcel was up for consideration.

Discussion at the Public Hearing

- The applicant described plans involving:

  - Crushing concrete and asphalt

  - Reselling materials

  - Dumping and processing debris

- Community concerns included:

- Wind blowing hazardous Dust

  - Traffic

  - Noise

  - Environmental impact

  -An unsightly visual at the entrance to our community 

-Disturbance to nearby homes, and more

- City staff clarified:

  - The application was for LI-1

  - The proposed use would likely require I-1 zoning

The applicant was informed during the meeting that I-1 zoning would likely be necessary.

However, no new public hearing for I-1 and the correct address was ever noticed or held.

Votes on October 15, 2025

Motion to approve LI-1:

- Motion by Symchysh

- Second by Amott

- Yes: Amott, Symchysh

- No: Burnham

- Absent: Marvidikis, McManus

  Result: Motion failed

There was a motion to table:

- Motion by Burnham

- Second by Amott

  Result: Motion carried

December 17, 2025 – Planning Commission

- Discussion included industrial uses such as crushing and recycling and dumping/storing debris 

- Ongoing concerns about dust, noise, traffic, and aesthetics

Vote to recommend I-1:

- Motion by Amott

- Second by McManus

- For: Amott, McManus, Symchysh

- Against: Marvidikis, Burnham

  Result: Motion passed (3–2)

- This took place outside of the 60 day window that the Planning amd Zoning board was required to make after the 60 days from the 'improperly' published public notice and therefore per city code should have been forwarded automatically as a negative recommendation to the council from the p and z board. 

Critical Discrepancy

The written recommendation states a September 25, 2025 letter requested I-1 zoning.

However:

- No such letter has been produced through a GRAMA request

- Records show the Application for Rezoning was for LI-1

January 8, 2026 – City Council

Agenda item:

“Discussion and possible approval of positive recommendation from Planning & Zoning for re-zoning of property 1377 North Frontage Road…”

- Agenda did not specify zoning designation and included a different address than was was published in the public notice. This was mentioned in meetings that it had caused significant confusion as to what parcel was even under consideration. 

- Council UNANIMOUSLY approved I-1

February 6, 2026 – Property Listed for sale on MLS as "currently rezoned to industrial "

- Occurred after approval of the positive recommendation but before ordinance adoption

Appeal Filed was with district court also on February 6th. 

Additional Concern:

Public discussion focused on one proposed business.

However, I-1 zoning allows a wide range of industrial uses that were not fully presented or evaluated.

Why Immediate Action Is Necessary

Now that the property is listed for sale, timely action is critical.

Rather than allowing this to remain in court for an extended period:

- The Planning Commission can hold a new public hearing

- The City Council can place this item back on the agenda and also choose to hold a new public hearing 

- The City council could choose to rescind their vote due to procedural errors.

This requires action NOT DELAY.

Our Request

We respectfully request:

Rescind the January vote by the City Council in light of the procedural mistakes that were made and start the process over.

Require a complete Rezoning Application

We demand a new, properly noticed public hearing before any ordinance is adopted to amend the zoning map.

This must include:

- Correct address

- Correct zoning (I-1)

- Full explanation of all allowed uses

- We request unlimited time to speak at the Public Hearing since this is a decision that will effect the community forever. 

Bottom Line

This is not about opposing development.

This is about transparency, accuracy, proper procedures,  and our legal right to  public participation.

The process can still be corrected.

Statement of Accuracy

This petition is based on:

- Public records

- Meeting minutes

- GRAMA responses

- Filed legal documents

All statements are made in good faith.

Take Action

SIGN THIS PETITION 

Contact Helper City Council:

David Palacios — dpalacios@helpercity.gov

Bob Olson — bolson@helpercity.gov 

Ruth Lee — rlee@helpercity.gov 

Tyson Damron — tdamron@helpercity.gov 

Ed Chavez — echavez@helpercity.gov 

Lenise Peterman mayor@helpercity.gov

The City can act now without a lengthy court battle.

The process can still be corrected.

Now is the time to do the right thing before the potential for further ramifications for Helper City.