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 7, 2004 - 5:00 p.m.
In Attendance
were:
Dean Brough,
Planning Commission, excused
Leon Sweat, Planning Commission
Michael Barneck, Planning Commission Chairman
Chris Peatross, Planning Commission
Thomas Rather, Planning Commission
Ann Bills, Planning Commission
Shelly Fabrizio, Planning Commission
Teresa Nielsen, Planning Secretary
Roland Uresk, Deputy County Attorney
| Visitors: |
Agenda
Item |
| Craig
Ashby................... |
Uintah Basin
Standard |
| Thereena
Morrill............ |
Uintah Basin
Standard |
| Amber McMullin............. |
Ordinance
Revision |
| Candi
Child.................... |
Ordinance
Revision |
| Tammi
Pierce................ |
WDI
Discussion |
| Charmain
Hurley............ |
WDI
Discussion |
| Randy Mair..................... |
Ordinance
Revision |
| Kelly and Sue Crozier... |
Ordinance
Revision |
| Clinton Peatross............ |
On the Banks
Subdivision |
Chair Barneck opened
the meeting at 5:05 p.m.
Robert Pinder was
not in attendance at this time, the planning commission chose to
move to the second item.
Randy Mair,
requesting revisions of Title 17, Duchesne County Zoning
Ordinance pertaining to residential treatment centers.
Chair Barneck asked
Mr. Mair to present his request to the planning commission.
Mr. Mair stated that
he would like to submit a proposal to update the zoning
ordinance to accept some definitions other than “group home”
that would help identify and spell out what type of facility is
being proposed in the future.
Chair Barneck asked
Attorney Uresk to explain to the planning commission what the
process would be for this type of proposal.
Attorney Uresk said
that once the planning commission has heard the proposal they
can discuss it and decide if they want to change the ordinance,
at that point if they choose to update the ordinance then they
would make the necessary changes and recommend them to the
county commission. This proposal needs to be broken down into
two issues. One, Mr. Mair is asking for a moratorium to be set
and two, he is asking that the ordinance be revised. The
moratorium needs to be discussed and a motion needs to be made
on whether or not the planning commission wants to recommend
that to the county commission. At that point the revisions to
the ordinance can be discussed and the planning commission can
decide whether or not they feel those changes should be made.
Chair Barneck said
he agrees that the ordinance needs some rewording.
Mr. Mair said the
materials he has provided are from ordinances from other
counties that have already dealt with these same issues. Mr.
Mair explained the content of the materials and what he would
propose the revisions to the ordinance be.
The planning
commission as well as Mr. Mair discussed some of the materials
and what is happening in other counties pertaining to
residential treatment centers.
Chair Barneck asked
if there were any further comments from the audience or the
board?
Chris said he thinks
that revising some of the ordinance is a good idea but would
like to know at what extent Mr. Mair is requesting the revisions
to be. He does not necessarily think a moratorium needs to be
set at this point.
Attorney Uresk
explained under what circumstances a moratorium should be set.
Mr. Mair said he
thinks it is very important that a moratorium be set.
The planning
commission discussed Mr. Mair’s request.
Leon said he is not
in favor of a moratorium.
Thomas said he has a
problem with the way the ordinance reads and how it does not fit
right with the treatment center. He feels they should set the
moratorium until they can address the issues in the ordinance.
Chair Barneck asked
for any further comment?
Chris made a motion
to not recommend the moratorium to the county commission, Leon
seconded the motion, five (5) members in favor voting aye, one
(1) member opposing voting nay, motion carried.
The planning
commission discussed the revisions Mr. Mair proposed.
Thomas made a motion
for the planning commission to look at the material and revise
the zoning ordinance pertaining to treatment centers, Shelley
seconded the motion, all in favor, motion carried.
Subdivisions:
Robert Pinder, On The Banks of the Strawberry River, Final
Plat, requesting final plat approval, lots 1-11. Sections 16,
Township 4 South Range 7 West, U.S.B.&M. Located in the
Strawberry River area.
Chair Barneck asked
Mr. Peatross to present his request to the commission
Mr. Peatross
reminded the planning commission of the preliminary approval
they gave in May of 2003. At that meeting there were a few
residents that had opposed to one of the lots they had proposed,
known as lot twelve (12). They have since taken that lot out of
the subdivision proposal, which will make it an eleven (11)-lot
subdivision. An already existing county road accesses all lots.
They are all five-acre lots; the application was made before the
moratorium was set on dry subdivisions so there will not be
water provided by the developer.
Chair Barneck asked
if they have met all the requirements?
Teresa said they
have.
The planning
commission discussed the request.
Thomas made a motion
to recommend final plat approval of On the Banks at the
Strawberry River to the county commission, Chris seconded the
motion, all in favor, motion carried.
Other Discussion:
Attorney Uresk, WDI discussion
Attorney Uresk updated the planning commission on the latest
events and discussion between the County Commission and Mr.
Denver regarding the evaporation ponds on North Crescent Road.
The County
Commission and their attorney, Mr. Foote have responded to a
consent decree proposed by Mr. Denver and his attorney. Attorney
Uresk provided copies of the consent decree for the planning
commission to review. The County Commission wanted the planning
commission to be aware of what was taking place and the County
Commission’s intentions regarding this matter.
Planning
Commission business
The minutes from the November 5, 2003 meeting were reviewed.
Chris made a motion to approve the minutes as written, Leon
seconded the motion, all in favor, motion carried.
Chair Barneck said
they need to elect a new chairman and vice-chairman.
Chris nominated Mike
Barneck to remain as chairman for 2004, Thomas seconded the
nomination.
Nominations cease.
Mike Barneck,
Planning Commission Chairman for 2004.
Thomas nominated
Leon as Vice Chairman for 2004, Chris seconded the nomination.
Nominations cease.
Leon Sweat, Planning
Commission Vice-Chairman for 2004.
The planning
commission signed disclosure statements for 2004.
Adjournment:
Meeting adjourned at 7:40 p.m.