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
March 3, 2004 - 5:00 p.m.
In Attendance
were:
Michael Barneck,
Planning Commission Chairman
Leon Sweat, Planning Commission Vice -Chairman
Dean Brough, Planning Commission
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 |
|
Randy Mair........................ |
Moratorium
on residential treatment centers |
|
Lori Mair............................ |
Moratorium
on residential treatment centers |
|
Earlene
Page..................... |
Moratorium
on residential treatment centers |
|
Amber McMullin................. |
Moratorium
on residential treatment centers |
|
G. Candi
Child................... |
Moratorium
on residential treatment centers |
|
Olivia
Child........................ |
Moratorium
on residential treatment centers |
|
Jimmy Brotherson.............. |
Gravel Pit |
|
Darrin Brown..................... |
Tri County
Health Department |
|
Lloyd Neilsen.................... |
Residential
Treatment Facility |
|
Lee Neilsen....................... |
Residential
Treatment Facility |
|
Linda Bingham................... |
Residential
Treatment Facility |
|
Paula Hepting.................... |
Residential
Treatment Facility |
|
Alan Hepting..................... |
Residential
Treatment Facility |
|
Brent Brotherson............... |
Gravel Pit |
Chair Barneck opened the meeting at 5:07p.m.
Planning Business:
*Approval of January 7, 2004 minutes
*Approval of February 4, 2004 minutes
Minutes from the January 7, 2004 and the February 4, 2004
minutes were reviewed. Leon made a motion to approve both sets
of minutes with the changes made, Shelly seconded the motion,
all in favor motion carried.
Conditional Use
Permits:
Brent Brotherson, Lake Fork Ranch, Inc. Requesting issuance
of a conditional use permit for the extraction of earth
products. Section 2 Township 2 South Range 4 West, U.S.B.&M.
Located in the Boneta area.
Brent Brotherson,
representing Lake Fork Ranch Inc. addressed the commission and
informed them that he has been approached by a company that
needs rock and gravel for the expansion of the Sandwash Project.
The planning
commission reviewed the materials provided with the request.
Chair Barneck read
the letter submitted by Moon Lake Electric, who owns property
and a power line with in the proposed area.
Mr. Brotherson said
they can work within the request of the letter.
Thomas asked how
close the nearest residence is to the proposed site?
Mr. Brotherson
stated that the closest residence is approximately ½ mile.
Jimmy Brotherson was
present and was concerned about the dust.
Attorney Uresk
stated that one of the minimum conditions is to maintain a near
dust free condition. Which means they need to water the site and
street during times of operation.
Ann asked Mr.
Brotherson if it is going to be temporary and only in use during
the Sandwash Project or if they are going to continue to use the
pit once the project has been completed?
Mr. Brotherson said
he didn’t know at this point.
The planning
commission discussed where the power line is located in relation
to the proposed site.
Attorney Uresk asked
Mr. Brotherson if he was able to get the bond necessary to meet
one of the minimum requirements.
Mr. Brotherson said
he has not, he talked to Teresa and asked if there was another
alternative to the bond requirement? The state allows for a few
other alternatives.
Attorney Uresk said
that the Duchesne County Subdivision Ordinance allows for other
alternatives but the zoning ordinance does not. He and Teresa
both recommend that the ordinance be looked at to allow for
other securities other than a bond. But as it stands now the
bond is the only option.
Attorney Uresk
briefly explained to the planning commission what their other
options would be in changing the ordinance.
Attorney Uresk told
the planning commission they could grant the conditional use
permit subject to Mr. Brotherson providing the bond.
The planning
commission discussed the location and the roads accessing the
proposed site.
The planning
commission went through the findings and conditions found in
Title 17.52.050.
The planning
commission may grant a conditional use permit in compliance with
this ordinance if, from the application and facts presented at
the public heating, it finds:
(1) The proposed use at the proposed location will not
be unduly detrimental or injurious to property or improvements
in the vicinity and will not be detrimental to the public
health, safety and general welfare.
The planning
commission did not feel that it would be detrimental to the
public health, safety or general welfare, nor would it be
injurious to property or improvements.
(2) The proposed use will be located and conducted in compliance
with the goals and policies of the Duchesne County General Plan
and the purposes of this ordinance.
The planning
commission felt the location was in compliance with the goals
and policies of the general plan and applicable ordinances.
(3) That the property on which the use, building or other
structure is proposed is of adequate size and dimension to
permit the conduct of the use in such a manner that will not be
materially detrimental to adjoining and surrounding properties.
The planning
commission did not feel that it would be materially detrimental
to surrounding properties.
Chair Barneck
explained that there are also special minimum conditions for the
extraction of earth products, Title 17.52.052.
(1) Must be maintained in a near dust free condition. Watering
the site and street during times of operation is considered
maintaining a near dust free condition;
(2) A bond shall be issued in the amount of one thousand dollars
for each acre from which such material is taken as a guarantee
of reconditioning. The number of acres must be specified on the
conditional use permit and cannot be modified until the issue is
represented to the planning commission and the enlargement or
modification approved;
(3) Reconditioning to assure the surrounding property is
protected along with the beauty of the landscape;
(4) Rock crushing operations must be a minimum of one thousand
three hundred twenty feet from any city, town or residential
use.
Chair Barneck asked
if there were any comments referencing the above conditions.
Thomas made a motion
to approve the conditional use permit with the following
conditions:
(1) Must be maintained in a near dust free condition. Watering
the site and street during times of operation is considered
maintaining a near dust free condition;
(2) A bond shall be issued in the amount of one thousand dollars
for each acre from which such material is taken as a guarantee
of reconditioning. The number of acres must be specified on the
conditional use permit and cannot be modified until the issue is
represented to the planning commission and the enlargement or
modification approved;
(3) Reconditioning to assure the surrounding property is
protected along with the beauty of the landscape;
(4) Rock crushing operations must be a minimum of one thousand
three hundred twenty feet from any city, town or residential
use.
(5) Excavation limited to outside the right of way boundaries
granted to Moon Lake Electric for existing power line.
Ann seconded the
motion, all in favor, motion carried.
Myron O. And Marilyn
Duncan, requesting issuance of a conditional use permit for a
residential treatment center. Section 31 Township 1 North Range
1 West, U.S.B.&M. Located in the Neola area.
Chair Barneck
informed the planning commission and the public in attendance
that Mr. and Mrs. Duncan have withdrawn their request at this
time. If they choose to come in with a new request it will be
noticed in the paper and the adjoining property owner’s will be
notified.
Other Discussion:
Randy Mair, Requesting a moratorium on conditional use
applications for residential treatment center.
Mr. Mair informed
the planning commission that he, Attorney Uresk, Teresa and
Shelly worked on some of the updates to the zoning ordinance
pertaining to residential treatment facilities. Now that there
is potential for a time frame, he would like to ask for a hold
on permits or applications until it can be implemented.
Attorney Uresk
explained to the planning commission that Mr. Mair is asking for
recommendation to the county commission that a moratorium be set
until the ordinance has been revised and adopted.
Ann asked if they
can set a temporary moratorium?
Attorney Uresk
stated that a moratorium could be set for a minimum of six
months.
Ann made a motion to
recommend to the county commission that a moratorium be set for
a period of six months, in such time the ordinance can be
revised and updated. Thomas seconded the motion.
Chris asked what
time frame they are looking at as far as revising the ordinance
and getting it approved?
Attorney Uresk said
about two months for the planning commission to review it and
send it to the county commission, there then has to be a public
hearing held. The minimum time frame would be three to four
months.
Ann made a motion to
recommend to the county commission that a moratorium be issued
for a time period of four months. Chris seconded the motion,
Dean, Thomas, Ann, Chris and Leon in favor, Michael and Shelly
opposed, motion carried.
Leon made a motion
to adjourn, shelly seconded the motion, all in favor, motion
carried.
Adjournment:
Meeting adjourned at 6:45 p.m.
