Planning & Zoning
Commission

Duchesne County
Planning & Zoning Commission Meeting

The following document has been re-formatted from the original for Internet accessibility.  Planning & Zoning Commission Minutes, in their original format, are available through the Office of the Planning & Community Development Department.

County Administrative Offices
Duchesne, Utah
January 5, 2005 - 5:00 p.m.

In Attendance were:

Leon Sweat, Planning Commission Chairman
Michael Barneck, Planning Commission
Dean Brough, Planning Commission
Thomas Rather, Planning Commission
Chris Peatross, Planning Commission
Shelly Fabrizio, Planning Commission
Ann Bills, Planning Commission
Mike Hyde, Community Development Administrator
Laraine Dickinson, Planning Secretary

Visitors:	Agenda Item
Tim & Michelle Thacker........................	Lone Pine Ranch Plat Amendment
Darrin Brown...............	Tri-County Health
Bob West.....................	Chrisville Plat Amendment Stonegate Subdivision
Jerry D. Allred..............	Silver Moon Ranch Chrisville Stonegate
Clancy Butler................	Silver Moon Ranch

Chairman Barneck called the meeting to order at 5:00 p.m.

Election of Chair and Vice Chair for 2005:
Chairman Barneck opened nominations for new Chairman. Commissioner Brough nominated Leon Sweat and Commissioner Bills nominated Chris Peatross. Commissioner Rather motioned to close nominations and Commissioner Brough seconded the motion. Chairman Barneck asked by a show of hand vote for Chairman. Votes for Leon Sweat were five and votes for Chris Peatross was two. Leon Sweat becomes new Chairman. Chairman Barneck then turned the meeting over to Commissioner Sweat to proceed as Chairman. Chairman Sweat thanked Commissioner Barneck for a great job done in the past two years. Chairman Sweat opened nominations for Vice Chairman. Commissioner Rather nominated Chris Peatross it was seconded by Commissioner Bills. Commissioner Brough motioned to suspend the rules and elect Commissioner Peatross as Vice Chair by process of acclamation. Chairman Sweat stated that the motion had been seconded and the motion passed unanimously.

Subdivisions:
Tim Thacker requesting to amend Lots 16A and 16B of Lone Pine Ranch Estates Subdivision, located on the west side of Highway 87, northwest of Upalco.

Mr. Hyde stated the Thacker’s desire to build a new home on lot 16-B. They are going through the process of getting a loan and the Title Company stated that a plat amendment would be required for a couple of reasons. The Thacker’s would need to acquire an additional 60 feet from lot 16-A which is owned by the Toland’s and also they have deeded some of their land to the US Government for the relocation of Highway 87 associated with the Big Sand Wash Reservoir expansion project. These are the two reasons for the amended plat. They already have an Upper Country Water hook-up and there was a mobile home previously on this lot. Tri-County Health has already approved an existing wastewater system on the property. So staff is recommending you approve the amended plat as requested. Chairman Sweat asked Mr. Thacker if he had any comments or questions and he stated that he did not. Chairman Sweat asked if there were any comments or questions from anyone else.

Commissioner Barneck motioned to adopt the findings recommended by staff and approve the request from Tim Thacker to amend lots l6-A and 16-B of Lone Pine Ranch Estates. Commissioner Rather seconded the motion and it passed unanimously.

Utah Land and Ranches requesting to amend the plat of Silver Moon Ranch Phase 1, located southeast of Duchesne.
Mr. Hyde states that back in November the plat for Silver Moon Ranch Phase 1, was approved by the Commission and it was also approved by the County Commissioners in November, but since then they have started building the roads and it has turned out that the roads have been built slightly different from where they are on the plat. The other issue is at the Southwest corner of the subdivision where the main road comes from the Utah Mini Ranch area and ties into the Sowers Canyon Road; the way it was platted originally stayed within the property, however it would have created a need for a new cattle guard. So to avoid the expense what they have proposed here is to run the road along the existing course to Sowers Canyon Road. Mr. Hyde also stated that none of the lots had been sold so there is no involvement of anyone else. Tri-County has reviewed the amended plat because some of the lot sizes have changed slightly as a result of the road relocation. A letter was received from Darrin Brown stating that he was OK with the change. Mr. Hyde recommended approval of the amended plat. Mr. Hyde also stated that there had been a letter received from Jay Abbott who had attended the previous meeting stating his concerns about the cattle trail through the area and the lots that would be involved. The developers are well aware of the cattle trail. The cattle trail is depicted on the final plat and it is in the public offering statement that is recorded, so this should not come as a surprise to anyone.

Chairman Sweat asked for any comments or questions. Mr. Butler stated that basically they were accommodating through the County’s advice, since the road is going to be a county designated road and the cattle guard is already in place and is fairly new, that is why we adjusted the line there rather than come out the other side. The other changes that we made were minimal due to the terrain they went out around rather than cut through it.

Chairman Sweat asked for any other comments or questions.

Commissioner Peatross motioned to adopt the findings  recommended by staff and approve the amended plat for Silver Moon Ranch, Phase 1. Commissioner Bills seconded the motion and it passed unanimously.

Robert S. West requesting to amend the plat of Chrisville Subdivision, located on the south side of South Cove Road, west of Roosevelt.
Mr. Hyde stated that the Chrisville Subdivision was platted back in 1994 by Earl Christensen. Mr. West brought in an amended plat that was approved in October of 2003 by the Planning Commission and was also approved by the County Commissioners in November of 2003. However, the final plat amending Chrisville Subdivision was not recorded in the 90-day time period required by our subdivision ordinance. Also there were some markings made on the plat map after the approval changing the road name which also violated the ordinance. The original amended plat for Chrisville was recorded in November of 2004, well after the 90-day period, which made it null and void. Mr. West has resubmitted the amended plat. The amended plat shifts the access road to Stonegate Subdivision, which lies to the south of Chrisville and has created 4 more lots in Chrisville Subdivision. The access road use to be between lots 2 & 3 now it lies between 3 & 4. So, to help offset the cost of building this road, Mr. West has split lot 3 into 3-lots and lot 4 into 3-lots. Chairman Brough stated that these lots were designated as l.59 acres can they be subdivided without doing anything additional to the roads. Mr. Hyde stated that the roads had already been roughed in at this point and a bank has submitted an irrevocable letter of credit bond to guarantee that the roads are built to county standards. Mr. Hyde stated that they are on Roosevelt water and that is why the lot sizes can be smaller than 5-acres. Mr. Hyde stated that the only issues here are that the roads haven’t been completed at this time. A bond has been submitted by; the Bank of the Rockies in Colorado and we have that on file. Some of the lots in Chrisville have been sold so we need to have the appropriate signatures before the amended plat can be recorded.

Chairman Sweat asked for any comments or questions.

Mr. West stated that he had fulfilled all of the assignments to complete this plat.

Commissioner Barneck motioned to approve the amended plat of Chrisville Subdivision with the following conditions:

1.	The applicant shall obtain county approval of 2200 West Street within the plat or post an acceptable bond for the completion of such improvements prior to review and approval by the County Commission.
2.	The applicant shall obtain the signatures of all owners of the amended lots on the plat prior to review and approval by the County Commission.
3.	The applicant and all other owners within the plat shall sign and record an instrument voiding the Amended Plat of Chrisville recorded on November 12, 2004 prior to recordation of this amended plat.

 
Commissioner Fabrizio seconded the motion and it passed unanimously.

Robert S. West requesting preliminary plat approval of Stonegate, Phase 1, a 23-lot subdivision located on the south side of South Cove Road, west of Roosevelt.
Mr. Hyde stated that the preliminary plat for Stonegate had been discussed at the December meeting also. Mr. West had received preliminary plat approval from the Planning Commission back in February 2003 for Stonegate Phase 1, however the Final Plat was not submitted within a one-year period nor was an extension of time requested so that is why Mr. West is required to go back to square one. In this preliminary plat for Stonegate Phase 1, there are 23-lots on approximately 24 ½ acres. Looking at the subdivision ordinances, subdivisions are to provide roadways to access surrounding properties and on the preliminary plat there is a Stonegate Dr. that extends north and south through the development and there are a series of 5-cul-de-sacs that extend to the west, 2 of these are in phase 1. Mr. Hyde recommended that when they get to phase 2 that the cul-de-sac to the north be considered a through street. In phase 1, the roads are already laid out and the water lines are in place so access east and west is not an option. Commissioner Barneck asked about the street ordinance and Mr. Hyde stated that it was in Chapter 16.24 Design Standards, Section 16.24.010. Mr. Hyde stated that with all the cul-de-sacs here that there needed to be some provisions made for better access in this area and especially when more development happens around this area. Mr. Hyde mentioned another issue concerning a couple of major easements on the property, the first being a 35 foot wide irrigation pipeline along the west side of lots-3, 8, 15, and 20 and the second being a 30 foot wide gas line easement that runs diagonally across the north side of the phase. This gas line easement crosses lots 2 & 6 in a manner, which is going to make it difficult to build on these two lots. The people buying lot-2 may want to consider buying lot-1 because of the easement factor. Mr. Hyde stated that he wasn’t sure at this time that lot-2 couldn’t be built on it would depend on the house plan. Commissioner Barneck asked that if the easements are disclosed then everything should be OK and Mr. Hyde stated that they would indeed show on the plat.

Mr. Hyde stated that Roosevelt City Water has been extended and needs to be approved by Tri-County Health for adequacy before people start moving into homes there. The County will allow 1-acre lots in this area because there is City water available and we do have approval from Tri-County Health back in 2003. There is some concern though with the high water table on some of the westerly lots of Phase 1. Tri-County Health’s approval did require ground water monitoring on lots 4 through 7 and lots 17 through 19 and after the monitoring occurred they did approve those lots for wastewater systems although they did specify the depth be kept fairly shallow.

Mr. Hyde stated we do have adequate covenants from the developer as well as a public offering statement. We have a bond now that guarantees the roads will be built to County standards. Mr. Hyde recommended approval of the preliminary plat by the Planning Commission with the following 4 conditions:

1.	Prior to issuance of any building permits within the subdivision, the developer will need to provide evidence that the State Division of Drinking Water and Tri-County Health Department have approved the water system that has been constructed.
2.	Prior to issuance of any building permits within the subdivision, the developer shall construct a temporary, graveled one hundred (100) foot diameter turnaround on the property at the south end of Stonegate Drive in Phase One. This turnaround shall be within a temporary easement at least 120 feet in diameter, which may be rescinded upon final plat approval of Phase 2.
3.	The restrictive covenants submitted shall be recorded with the final plat.
4.	Before final plat approval, the street improvements will either need to be completed and accepted or bonded for.

Mr. Hyde stated that a bond has been received for the street improvements.

Commissioner Barneck asked since they’re on Roosevelt Water what are you wanting in Condition #1. Mr. Hyde stated; the actual installation of the pipes needs to be inspected and tested. Commissioner Brough stated that it was an on site piping inspection. Darrin Brown from Tri-County Health stated that the lines don’t need to be inspected from the meter to the house; just the rest of the water system will need to be inspected by the State Engineer.

Commissioner Brough asked do we require fire protection like hydrants and are they in place. Mr. Hyde stated that there are four hydrants in place and the placement has been reviewed and approved by Georg Adams.

Commissioner Bills asked, if this plat needs to be amended to show the cul-de-sac extending to serve other lands to the east and west. Mr. Hyde stated that our code requires that the builder show all the Phases at this time, but that it isn’t necessary to make the change to the cul-de-sac until Phase 2 has been presented to the Planning Commission.

Chairman Sweat asked if there were any other comments or questions.

Jerry Allred, County Surveyor, stated that in regards to the turn around when the owners on this property sign that plat and it’s recorded that acts then as an easement that goes with the property to the south even if Phase 2 is never finished.

Commissioner Fabrizio motioned that the Planning Commission adopt the findings of staff and approve the Preliminary Plat of Stonegate Subdivision Phase 1, subject to the following conditions:

1.	Prior to issuance of any building permits within the subdivision, the developer will need to provide evidence that the State Division of Drinking Water and Tri-County Health Department have approved the water system that has been constructed.
2.	Prior to issuance of any building permits within the subdivision, the developer shall construct a temporary, graveled one hundred (100) foot diameter turn around on the property at the south end of Stonegate Drive in Phase One. This turn around shall be within a temporary easement at least 120 feet in diameter, which may be rescinded upon final plat approval of Phase 2.
3.	Prior to issuance of any building permits within the subdivision, the developer shall construct a temporary, graveled one hundred (100) foot diameter turn around on the property at the south end of Stonegate Drive in Phase One. This turn around shall be within a temporary easement at least 120 feet in diameter, which may be rescinded upon final plat approval of Phase 2.

The restrictive covenants submitted shall be recorded with the final plat.

Commissioner Bills seconded the motion and it passed unanimously.

Robert S. West requesting final plat approval of Stonegate, Phase 1, a 23-lot subdivision located on the south side of South Cove Road, west of Roosevelt.
Mr. Hyde stated that this is the next step in the process of finalizing approval for Stonegate Subdivision, Phase 1. Here we require that the bonding is in place, which we have, we have an updated Title Report, which shows the status of ownership. All the issues have been covered and staff recommends approval of this. It will go to the County Commissioners on January 10, 2005. Mr. Hyde stated that at the time the findings were written he had not yet received the bond but had received it later on 12-30-04. Commissioner Barneck asked are we assuming then that all the signature issues on the preliminary plat have been dealt with. Mr. Hyde said that Stonegate only has 1 owner at this time because none of the lots had been sold, so Mr. West was the only one to sign off on this.

Commissioner Barneck motioned to adopt the Findings of Fact and Conclusions set forth in this report and approve the final plat of Stonegate Subdivision, Phase 1. Commissioner Brough seconded the motion and it passed unanimously.

Minutes: Minutes from December 1, 2004 were reviewed and Commissioner Barneck motioned to approve. Commissioner Peatross seconded the motion and it passed unanimously.

Commission Comments and Staff Reports:
Mr. Hyde stated that at the last meeting the Commission requested an update on WDI. An updated report regarding Pond #1 was handed out. In the report it stated that they have received approval from the Division of Oil, Gas, and Mining to decommission pond #1. A copy of the report that was done by an environmental consultant was distributed. First of all they run water thru the silt to get some of the salt out of it then they put it in rows for a biological decomposition of the petroleum contaminates. They sprinkle some fertilizing type material on there and turn it every once and awhile kind of to get some of the petroleum out of the soil. Eventually, they will cover it up with the liner that’s there and put additional soil on top of it. Commissioner Barneck asked where are they on the other two. Mr. Hyde stated they are supposed to be injecting water versus allowing it to sit in the ponds.

Mr. Hyde said that Commissioner Peatross attended a Planning Commission Seminar a couple of months ago and he brought in a couple of hand outs copies of which were provided to each member. Commissioner Peatross stated that he thought these were quite helpful.

Mr. Hyde stated that the judge ruled in favor of the County on the Hancock case. Darrin Brown stated that they had received a phone call from the Hancock’s and that they, were wanting an inspection on the building and his concern was that he was wondering if something new was going there. Mr. Hyde stated that he had not received anything in his office at this time. Mr. Hyde did state that they had 30-days to appeal that to a higher court or try and work within our new ordinance which would pretty much require them to rezone to commercial.

Commissioner Barneck stated that at a previous meeting a piece of property belonging to Postma’s he thought has just recently moved a fourth trailer up by the 3 trailers that are already there and was wondering about the legality of the situation there. Commissioner Bills stated that it definitely has to be a hazard there with the wiring and etc. Mr. Hyde stated that he would discuss this mater with Karl Mott of the Building Department because he thought this would be in his jurisdiction.

Adjournment:
Commissioner Brough motioned to adjourn the meeting at 6:00 p.m. Commissioner Bills seconded the motion and it passed unanimously.