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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.

 


 

Planning & Community
Development Department

734 North Center Street
P.O. Box 317
Duchesne, Utah 84021
(435) 738-1151
mhyde@co.duchesne.ut.us

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