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
April 6, 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 - Excused
Mike Hyde, Community Development Administrator
Laraine Dickinson, Planning Secretary
Roland Uresk, County Attorney
| Visitors: |
Agenda Item: |
| Eddy
Courtright...................... |
Berry Petroleum |
| Gene Ostler........................... |
Berry Petroleum |
| James L. &
Martha Warr......... |
Berry Petroleum |
| Kay
Johnson.......................... |
Berry Petroleum |
| Jack &
Christina Warr............. |
Berry Petroleum |
| David
Weston......................... |
Berry Petroleum |
| Lloyd & Mary
Hallett............... |
Berry Petroleum |
| Charles
Haacke...................... |
Millstream Properties
LLC |
| Jason Danley......................... |
Millstream Properties
LLC |
| Rusty &
Jenny Goode............. |
Millstream Properties
LLC |
| Joanne
Daniels....................... |
Millstream Properties
LLC |
| Conway &
Carol Geertsen....... |
Millstream Properties
LLC |
| Jim
Brady.............................. |
Millstream Properties
LLC |
| Gary G. &
Sylvia Hansen......... |
Millstream Properties
LLC |
| Leon Kluh.............................. |
Millstream Properties
LLC |
| John &
Cecilia Thompson........ |
Millstream Properties
LLC |
| George &
Linda Mitchell.......... |
Millstream Properties
LLC |
| Charles
Gray.......................... |
Millstream Properties
LLC |
| Roger &
Andrea Bennett.......... |
Millstream Properties
LLC |
| Dale G.
Hanson...................... |
Millstream Properties
LLC |
| Lynn &
Carolyn Winterton........ |
Millstream Properties
LLC |
| Jim & Kim
Brown.................... |
Millstream Properties
LLC |
| Gil
Mitchell............................. |
Millstream Properties
LLC |
| Tawna
Mitchell....................... |
Millstream Properties
LLC |
| Cindy
Barton-Coombs............. |
Millstream Properties
LLC |
Chairman Sweat
called the meeting to order at 5:00 p.m.
Conditional Use
Permit:
Berry Petroleum Co., is requesting a Conditional Use Permit to
allow a business office building to be located on the northwest
corner of the intersection of Highway 40 and 4000 South, in
Section 2, Township 3 South, Range 2 W, U.S.B.&M. Located in the
North Myton Bench area on property owned by Bernice Haueter,
Trustee.
Mr. Hyde stated
Berry Petroleum has applied for a conditional use permit for an
office building and equipment yard on the west side of Highway
40 across from the North Myton bench road. The property is in a
5-acre zone for agricultural and residential but the County
allows commercial use with a conditional use permit. A site plan
has been received from the applicants showing the location of
the office building in the southeast corner of the property it
will be about 6000 square feet in size. There will be parking
around the south and east sides of the building and landscaping
separating the parking areas from the roads. The equipment yard
is north of the building but the applicants haven’t indicated
how far north they will go at this time. There would be a buffer
zone between the storage yard and the property to the north. Mr.
Hyde stated the Planning Commission’s decision must be based on
the conditional use criteria and the County Ordinances. Mr. Hyde
highlighted sections of the staff report, which is on file.
Mr. Hyde stated that
since the agenda came out a letter from UDOT has been received
on 4-5-05 indicating that they will not approve access to
Highway 40 at this time but could be a possibility in the
future. So at this time they will only consider access from 4000
South.
Mr. Hyde recommended
that the Planning Commission approve this request based on the
four conditions listed below:
|
1. |
Applicants shall submit
a landscaping plan to the Community Development
Administrator for review and approval prior to
installation of landscaping. |
|
2. |
Applicants shall screen
the equipment storage area with sight-obscuring inserts
in the chain link fence or vegetation or a combination
thereof. |
|
3. |
Applicants agree
to apply dust inhibitors to the equipment yard surface
as necessary to prevent dust from becoming a nuisance.
|
|
4. |
Applicants shall limit
their access to the property to the two road approaches
to 4000 South unless granted access to Highway 40 by the
Utah Department of Transportation. If Highway 40 access
is granted by UDOT, this permit is contingent upon
compliance with the terms of said UDOT access permit. |
Mr. Hyde asked if
there were any questions from the Planning Commission concerning
the staff report.
Commissioner Barneck
stated that since the applicants have indicated that they wanted
an approach to Highway 40 and have been denied that access,
would there be a problem if they wanted a third access on 4000
South? Mr. Hyde stated the applicants may want to modify their
site plan showing a third access onto 4000 South, but I think
that the county would prefer that they just keep it at two.
Unlike UDOT, Mr. Hyde stated that he didn’t think the County
Road Department is as strict about the number of approaches
there are, but I think that we need to keep it minimal for
traffic purposes onto 4000 South.
Chairman Sweat asked
if there were any questions or comments.
Eddy Courtright,
Berry Petroleum Co.; replied to Commissioner Barneck’s question
regarding the approach. We would move the west access over
closer to the yard so we would have a looping effect and exit
the east access. So we think that the two accesses will be OK at
this time.
Chairman Sweat asked
if there was anyone that would like to voice opinions on this
issue.
James Warr stated he
owns property to the north and west of this and is very much
opposed to having this business in the area because of traffic,
noise, etc. We don’t want our area turning into a bunch of
oilfield equipment and stuff. Also safety is an issue and
concern with many of the neighbors.
When our parents
sold the property to Mr. & Mrs. Haueter, they were going to
build a house there, but instead they went up to Ioka Lane and
so later on their son was suppose to build him a home there and
that didn’t happen either. My sister stated that she has found
the contract signed by Leo Haueter and my parents stating that
the property not be resold without their permission to anyone
other than something residential. Mr. Warr handed the paper to
Chairman Sweat. Mr. Warr stated that it hadn’t been recorded but
was put into an escrow account at the bank and the bank was
trying to find the original copy. Chairman Sweat turned the
papers over to Mr. Uresk so that he could read through them as
to their legality. Mr. Hyde asked Mr. Warr if this document had
been recorded down at the Recorder’s Office and Mr. Warr stated
that he didn’t know if it had been, he only knew that it was put
into a escrow account at the bank. Mr. Warr handed over a
petition with 32 signatures of people from the area that are
opposed to having a big business located near them. Mr. Warr
stated that the people on the petition would like to stay a
residential area and did not want any kind of business here. Mr.
Warr stated that he would like the Planning Commission to deny
Berry Petroleum’s permit under these circumstances.
Gene Ostler of
Century 21 Realty stated that he is somewhat involved with this.
Mr. Ostler stated that he had spoken to Kent Haueter in Logan,
Utah at Zions Bank and he has no notice of these papers that
were brought before the commission tonight. Mr. Ostler stated
that Mrs. Duncan has sold a part of the original farm, which
Uintah Basin Telephone now owns and I think that she is
interested in selling some of her property across the highway
for similar purposes. I really don’t think that the quality of
Berry Petroleum and the financial impact that they are having on
our county needs to minimize their importance here. Mr. Ostler
stated that they had looked at several sites but this seemed to
be a prime site for their needs. Mr. Ostler stated Uintah Basin
Telephone was across the street and also that Mr. Lamb’s
property about a mile down the road there is a huge mud company
that does a lot of business with the oil companies. Mr. Ostler
stated he does have some concerns and sympathy for the Warr
families but I don’t have any empathy for those that just want
to jump on the bandwagon.
Mr. Hyde asked Mr.
Ostler if there has been a Title Report done on this property
that indicates any of the claims presented here tonight by the
Warr’s. Mr. Ostler stated he’d seen the title report done by
Basin Land Title & Abstract in Roosevelt and he didn’t see
anything indicating any restrictions or exclusion of any kind.
Jack Warr stated
this entire thing is based on intent. We have a family farm
there and it may not be in the best of shape but my brother and
I have put in over a mile of waterlines to put it back into
production and we don’t want an oilfield facility in the middle
of it. Jack Warr stated the sale of this property was to be
condoned by the heirs of Vaughn & Hazel Warr according to that
document but the sale of that property took place without our
knowledge of any kind.
Chairman Sweat asked
if there were any questions or comments and reminded everyone to
keep their comments to the point so that everyone could be
heard. And also stated that the Board decision is based solely
on the legality and whether or not the situation meets County
Ordinance.
Commissioner
Fabrizio asked Mr. Courtright if they had already purchased the
property from Bernice Haueter? Mr. Courtright stated that they
had not yet purchased the property and the sale is pending on
the decision made here tonight.
Commissioner Brough
asked Mr. Courtright what kind of traffic are you expecting? Mr.
Courtright stated that at this time they have approximately 20
employees and most of the traffic would be from pumper trucks.
Sometimes we have a safety meeting in the mornings around 6:30
a.m. and they would come again in the evenings to drop off some
paperwork, but most of the time they go directly to the field.
We have about 5 to 10 vendors per day and deliveries on pumping
units and motors probably twice a month. Commissioner Brough
stated then traffic would be here and there and not continual.
Commissioner Brough asked if they would out grow their equipment
yard and Mr. Courtright stated he didn’t think so that 5-acres
was a lot of ground. Mr. Courtright stated he had the plans for
the office building and that there would be 10 offices.
James Warr stated
that to his understanding this was a new company and what would
happen in the case of a resale. This is typical to the oil
industry and if this company goes broke what will happen with
the turnover to another company. And if the county allows this
then the property will be damaged and won’t be good for anything
else. So I just want to state again that I am totally against
this.
Mr. Courtright
stated that Berry Petroleum has been in business since 1904, so
it isn’t a new company. We have gone from a $3 million company
to a $1.5 billion company so I think we will be around for a
long time.
Mr. Uresk stated he
had glanced over the document that was presented to the
commission by Mr. Warr but is unable to make a decision at this
time because he needs to check into it a little better. Mr.
Uresk stated that the document says that the sale of the
property is prohibited but the warranty deed doesn’t have any
such restriction on it. Mr. Ursek recommended that we recess
this public hearing until a later date so that he will have time
to review this matter further. Mr. Hyde stated the next meeting
would be the 4th of May at 5:00 p.m. Mr. Hyde stated that we
would need to have a motion to recess this hearing.
Commissioner Brough
motioned to recess this hearing until the next scheduled meeting
on May 4th. Commissioner Rather seconded the motion. It was
voted a 3-3 tie with Commissioners Barneck, Fabrizio, and
Peatross opposing.
Commissioner Barneck
stated that the facts had been presented and if need be, the
Commission could add another condition regarding the sale of the
property and making sure of the legality before final approval.
Mr. Uresk stated that if the property can’t be sold then there
would be no need for a conditional use permit. Mr. Hyde stated
that the private parties could have their own attorneys resolve
this matter so the County Attorney won’t have to be involved.
Commissioner Barneck asked Mr. Courtright if the title report
was done or was it still in process. Mr. Courtright stated it
had been done and Mr. Ostler stated that everything was in order
and there was nothing in the report about the property not being
able to be sold.
Mr. Hyde stated that
he had potential wording for a condition 5 stating approval is
subject to Berry Petroleum’s ability to acquire title to the
property. If they can’t purchase the property then of course
this request would be null and void.
Commissioner Barneck
asked the people that signed the petition what was their
reasoning for not wanting this? Mr. Warr stated that mostly
traffic and they wanted to keep the solitude that was there.
Commissioner Brough
stated that the traffic would be minimal because they would turn
off Highway 40 onto 4000 South and into the parking lot.
Commissioner Barneck
motioned that the Planning Commission adopt the findings and
conclusions of the staff report and approve the Conditional Use
Permit requested by Berry Petroleum Company, subject to the
following conditions:
|
1. |
Applicants shall submit
a landscaping plan to the Community Development
Administrator for review and approval prior to
installation of landscaping. |
|
2. |
Applicants shall screen
the equipment storage area with sight-obscuring inserts
in the chain link fence or vegetation or a combination
thereof. |
|
3. |
Applicants agree to
apply dust inhibitors to the equipment yard surface as
necessary to prevent dust from becoming a nuisance. |
|
4. |
Applicants shall limit
their access to the property to the two road approaches
to 4000 South unless granted access to Highway 40 by the
Utah Department of Transportation. If Highway 40 access
is granted by UDOT, this permit is contingent upon
compliance with the terms of said UDOT access permit. |
|
5. |
Should the applicants be
unable to acquire title to the property, the conditional
use permit shall be null and void. |
Commissioner Peatross seconded the motion and it passed
unanimously.
Millstream
Properties LLC, requesting a Conditional Use Permit to allow a
campground to be located North of Big Sand Wash reservoir, east
of Highway 87, north of (and accessed through) Equestrian
Estates Subdivision, between Upalco and Mt. Emmons.
Mr. Hyde stated the site was locally known as the late Ned
Mitchell’s “Camp David.” The applicants propose a camping
facility designed to accommodate 50 persons. A Conditional Use
Permit is required for a campground use in the A-5,
Agricultural-Residential zone. Mr. Mitchell and his crews have
built these small lakes in this area. We are having this public
meeting to determine how well a campground will fit into this
area. Mr. Hyde stated in the agenda packet are the rules of the
facility, maps showing how the facility is going to be laid out,
along with the amenities that are going to be available to the
visitors.
Mr. Hyde stated that
the same 3 conditional use criteria, applies to this conditional
use permit. Mr. Hyde highlighted sections of the staff report,
which is on file.
Mr. Hyde stated that
the county has received a letter from Jim and Kim Brown in
opposition.
Commissioner Barneck
asked that the entrance into the campground be gone over again
just for clarification. Mr. Hyde stated visitors would turn off
of Highway 87 then go through the Mitchell property. There has
been some questions about this but there is been an easement or
prescriptive easement. That should have been dedicated as right
of way when Equestrain Estates was approved but apparently it
was not however the precedence is there and so the applicants
feel they have access here.
Commissioner
Fabrizio asked about the water connection from Upper Country
Water and if it was an existing line at this time. Mr. Hyde
stated there are 2 connections there at this time one is to an
existing cabin there and the other would be to a cabin that is
under construction. Upper Country Water has stated this would be
sufficient at this time for the proposed campground as an
accessory line.
Mr. Danley stated
these are not full time residency and will only be leased out
during their operating months and as long as we aren’t going to
be doing any extensive landscaping in keeping it look more
natural the water district stated this would be sufficient at
this time.
Mr. Uresk inquired
about an employee living on the site between April and October
and if so where would they be living. Mr. Danley stated there
would be some employees there to check people in and out but
that there wouldn’t be anyone there on a permanent basis. Mr.
Uresk asked then what times would you have someone there to
observe what is going on? Mr. Danley stated there would be
someone on the premises any time that a party or parties would
be booked at the facility. Mr. Uresk asked if their employees
would be local residences? Mr. Danley stated that they already
employ 8 local people. Chairman Sweat stated he had some
concerns with security at the facility during the night hours to
assure that the guests live up to the criteria that you have set
up here. Mr. Danley stated it wasn’t our plans to have someone
there in the middle of the night but if that’s a condition that
needs to be made then we will consider that.
Commissioner Rather
asked how do you feel this will affect the local residence
between the campground and the west side of Sandwash Reservoir?
Mr. Haacke stated that the impact would be to the south where
most of the facility will be located. Mr. Haacke stated they
have received five letters from neighbors that are in favor of
this project and stated they have copies of those letters. Mr.
Danley stated that most of the immediate neighbors were in favor
of this proposal and they are Shane Shiner, Steven Evans,
Charles Gray (owns most of the property to the immediate south),
Jim Brady, and Tawna Mitchell.
Mr. Uresk stated in
the report it talks about these roads in Equestrian Estates
being the responsibility of the homeowners association and you
are using that particular road as access to your property. There
is a question now before the county commission whether or not
this is going to be a county road or a private road within the
homeowners association. Mr. Hyde has suggested that one of the
conditions is that you participate in a share of the maintenance
of that road. If it is determined that the road is going to be
paved are you willing to put up your share of the payment? Mr.
Danley stated we are more than willing, whatever the car count
is to pave or gravel to maintain that road. We have an interest
in that road being a quality road as much as anyone.
Chairman Sweat asked
if there were any questions or comments in favor who would like
to address the board.
Mr. Gray stated he
was very much in favor and thought that it was a good thing for
the area. He also stated that he owned property on both sides of
the access road.
Darrin Brown from
Tri-County Health Department stated there has been an
application for a wastewater system and this has been approved
by Tri-County Health Department. Campgrounds are not on-site
wastewater systems, campgrounds are governed under Utah
Administrative Rule or 392-300 and a campground must meet all of
those requirements and they must submit plans to the health
department and get approval of the campground besides the
wastewater system, which is part of that approval. In that
approval there are requirement agreements that need to be made
like; drinking water, waste water, supervision, health and
safety and that is why Tri-County Health needs to look at the
plans to see if it meets Utah codes.
Gil Mitchell stated
his family still owns the 40 acres to the east of where this
proposed campground is going to be. And my feeling is and has
been all along is that Equestrian Estates be turned into a gated
community. It was gated at one time and we don’t want a lot of
traffic through there but we have no objection to having this
campground in our area.
Lynn Winterton with
the Moon Lake Water Users Association who owns Sandwash
Reservoir appeared. Our Board of Directors met last Wednesday
night and discussed this. They don’t support or oppose this but
they do have some concerns they want to have on record.
|
1. |
Originally,
years ago we obtained a right of way for a winter bypass
which goes down one side and through some of those
ponds. If we have trouble on the canal on the lower end
and it starts to flood and create problems we have the
right from the original land owners to turn the water
down through there while we fix the problem. So we don’t
want this to be ignored and not remembered. |
|
2. |
There are
concerns with sanitation of the facility after it is
enlarged. Part of that water will be used in residential
areas in a secondary water system and we are quite
certain that some of that water being run into a
treatment plant eventually and will be drinking water.
|
|
3. |
The bottom
1200 acre foot of the reservoir is owned by the State as
a fishery and we’ve had problems with a lot of people
saying you can’t come on our land and fish, most of that
area we own 5 foot elevation above the full water level.
No one should be kicked off all the public should have
access around the lake. |
|
4. |
One
question came up that we didn’t discuss and that was dam
safety. All of these ponds are dams and I don’t know the
process whether Ned Mitchell went through dam safety and
got permission and built them under their regulations.
We feel like dam safety as with all dams that the State
should be allowed and invited to inspect the facilities
and check them out to make sure that there’s no growth,
no trees, nothing on there that will create a problem.
|
Moon Lake Water
Users Association thinks that dam safety is a very big issue.
Mr. Winterton left a copy of his notes. Mr. Hyde asked what
agency would it be that regulates dam safety and Mr. Winterton
stated it’s State Water Rights and they have a division called
Dam Safety, and Mike Talbot would be the person to contact.
Chairman Sweat made a comment if these are private dams built
under private money the dam safety will only come out and
inspect if invited, the State has no jurisdiction or no concern.
Mr. Winterton stated the State does have jurisdiction if there
is over 5 acre foot of water, it’s mandatory that they know
about them and then they will determine whether they need to
inspect them or not. Mr. Winterton stated Dave Marble is over
the dam safety department.
Mr. Uresk stated to
Mr. Winterton about the statement he made that public access is
all the way around the reservoir, however the County has been in
discussions with CUP, the State Park Services, and DWR. All the
discussions are indicating that public access is going to be
limited solely to the south side where the boat ramp is and
there isn’t going to be any access or encourage people to go
along the edge of the lake for any fishing purposes. So what
you’re saying is quite on the contrary to what I’ve heard. Mr.
Winterton stated that as far as access from outside that’s true
but once the facility is finished we will be deeded all the
ground the lake is sitting on and it will be owned privately by
the Moon Lake Water Users. So the public will be able at any
time access along the lake anywhere below the high water level
line. Mr. Uresk asked does this include wheeled vehicles? Mr.
Winterton stated that the water association has never prohibited
this in the past but was uncertain at this time.
Tawna Mitchell
stated she owns property by the proposed campground and she is
in favor of having this here. She feels that Millstream is
trying to address all of the issues that are a problem.
Millstream is willing to have people monitor theirs, they will
know who is making reservations and accepting clean-up
proposals. She also stated that CUP is condemning around the
perimeter of the lake and Kurt Beecher took me himself and
showed me where Duchesne County wants to make a parking lot on
the land they are condemning and taking away from me, to give
access to the north and the entire west side of the lake. Ms.
Mitchell stated as property owners we should be more concerned
with what is going on around the perimeter of Sandwash Reservoir
and not what Millstream is trying to do because their activities
will be monitored.
Chairman Sweat asked
for comments from anyone in favor or neutral. He then turned it
over to those against.
Jim Brown stated
that he has a home in Equestrain Estates and lives there
part-time. When Kim and I bought out here it was zoned
agricultural-residential, it is 5 acre plots of land around the
lake and it is a nice place for us to go and get away from
things. Mr. Brown read into the record a letter from him and his
wife dated March 29, 2005. He felt that the facility at the
south end of the lake would be appropriate because it will be
controlled by the State and he feels everyone should be like him
and have to drive around to the south end to have access to the
lake. One of his main concerns would be the excess of garbage
around the lake and who would cleaning-up this mess, so I am
thinking this is going to be very detrimental to the area and
will have a big impact on the property valves in this area.
Policing in this area is a huge concern, he said that if you
live in Equestrian Estates and you call the police maybe they
will show up tomorrow. We are strongly against having access
through our subdivision to this proposed campground because of
traffic, dust, etc. at this time the property owners are taking
care of this road. Last year I called the county at least a
hundred times and was informed under no circumstances will the
county do anything on the roads in this area for at least 4
years so that is why we don’t need the added traffic.
Commissioner Barneck asked Mr. Brown where his property was
located and Mr. Brown stated he owns Lots 23A and 23B.
Cindy Barton-Coombs
stated she owns Lot 1 and is very much opposed to a campground.
There is already a huge dust problem and she feels that it will
even get bigger with the unlimited traffic that will be
traveling through this area. She also has a great concern with
the fire protection, at this time the closest fire hydrant is on
the corner of Highway 87 and 250 North so the campground will be
about 2 miles away and if a fire occurs there is nothing to stop
it from jeopardizing our homes. Another concern would be in
regards to the traffic and the small children in the area.
Kim Brown stated
that she would like to know if there is another camping facility
like this in Duchesne County and what the impact there was with
the surrounding area. Her concerns are with sanitation and
safety.
Conway Geertsen
stated that maybe not the car and truck traffic but what about
the ATV’s, motorcycles who will be there patrolling to keep them
out of our community and the vandalism down. His concerns are
with the property value of his place and the other properties in
the area.
John and Celcilia
Thompson own Lot 2 and are questioning plans stating that it
would be a facility for 50 people. Mr. Thompson stated that 1
cabin has accommodations for 22 people and the 2nd cabin will
have accommodations for 15 people and then there is
accommodation for 50 people in the campground and all of these
people will be traveling through Equestrian Estates. So I am
opposed.
Comments from Carol
Geertsen, Andrea Bennett, Venda Mitchell, and Rusty Goode were
also received. The signs giving directions to the campground
need to be more informative, if it just says Six Lakes and
doesn’t state anything about campground, camping, boating etc.
more traffic will be entering to see what this place is all
about. Mrs. Bennett’s big concern was with the children’s safety
getting on and off school bus. In the summer time they have no
idea who these people are that will be using this facility and
their children are exposed while riding their bikes and just
playing outside. Chairman Sweat asked how many children are
living in Equestrain Estates and the answer was 7 at this time.
As there was no
additional opposition testimony, Chairman Sweat called for
rebuttal.
Mr. Danley stated
there would never be more than 50 people on the site at one
time. There are going to be 5 small pavilions, the property is
going to be gated and fenced at all times and there will be a
list of rules that everyone will have to abide by or they will
be asked to leave. There is a list of general terms and
conditions that will be signed by guests wanting to use the
facility. This facility will be by reservation only it is not
like a KOA campground where you can just come and go as you
wish. Mr. Danley stated there will be no access to the lake from
the campground. Guests will have to access at the south end of
the lake like everyone else.
Mr. Brown wondered
why there will be no zone changes or why a commercial business
is able to exist in a residential area. Commissioner Peatross
stated this is not a rezoning issue, it is a request for a
Conditional Use Permit and so a rezoning is not necessary.
Commissioners stated
that they had some concerns with the maintenance of the roads in
the area and why should the residents maintain their own roads.
If Millstream is using this as an access then they should be
willing to help in the maintenance of the roads such as gravel
or paving. They also thought that there needs to be a camp
manager on duty at all times to be able to deal with problems
that may come up and to see that all the rules and regulations
are followed at all times.
Mr. Bennett stated
that the sign entering the facility should say “Private Property
No Lake Access”.
Commissioner
Peatross motioned that the Planning Commission adopt the
findings and conclusions of the staff report and approve the
Conditional Use Permit requested by Millstream Properties,
subject to the following conditions:
|
1. |
The
applicant is required to participate in a fair share of
future access road maintenance costs. If cost
apportionment cannot be resolved by the property owners
in Equestrian Estates and the applicant the Duchesne
County Community Development Director will determine the
fair share (or the Duchesne County Commission on
appeal). A road maintenance agreement between the
applicants and representatives of the Equestrian Estates
Subdivision shall be provided to the County prior to the
campground opening for business. |
|
2. |
Prior to
start of construction, the applicant shall provide the
County with evidence of a Tri-County Health Department
Wastewater Permit having been issued. |
|
3. |
Prior to
start of construction, the applicants shall finalize
their water system plans and receive Tri-County Health
Department approval (if necessary). Applicant shall also
comply with Tri-County Health Department campground
regulations. |
|
4. |
Applicant
shall construct fire pits to a standard approved by the
Duchesne County Fire and Emergency Management Office. |
|
5. |
Prior to
occupancy, applicant shall provide the County with a
copy of final campground rules; said rules to include
provisions for noise control, fire pit use, speed
limits, OHV use, etc… |
|
6. |
Applicant
shall provide dust control on access road and parking
lot surfaces as necessary to prevent nuisance dust
conditions. |
|
7. |
Applicant
shall obtain approval of the six dams on the property
from the state agency responsible for dam safety, prior
to opening the campground for business. |
|
8. |
Applicant
shall install directional signage at the east end of 250
North in Equestrian Estates to direct campground clients
to turn left. |
|
9. |
Applicant
shall install signage on or near their Highway 87 sign
advising the public that there is no public access to
the Big Sand Wash Reservoir through Six Lakes or 250
North. |
|
10. |
Applicant
shall install signage along the campground access route
to advise the public to drive slowly (signage wording
and location(s) to be coordinated with Equestrian
Estates property owners). |
Commissioner
Fabrizio seconded the motion and it passed unanimously.
Minutes:
Approval of March 9, 2005 minutes
Commissioner Barneck motioned to approve the minutes.
Commissioner Rather seconded the motion and it passed
unanimously.
Commission
Comments and Staff Reports:
Mr. Hyde mentioned the road trip that took place on 3-29-05,
which included the County Commissioners, Forrest Bird (County
Road Department Supervisor), Mike Hyde, and 3 of the Planning
Commissioners (Chris Peatross, Shelly Fabrizio, Dean Brough). A
list of the roads that needed work done on them was handed out
and the Planning Commissioners taking the tour prioritized the
list in the order of most needed work to the least needed.
Mr. Hyde mentioned a
Citizen Planner Seminar, June 9-10 (Thursday and Friday), at the
Utah Local Government Trust building in North Salt Lake. If
anyone was interested in attending please contact Mr. Hyde.
Mr. Hyde mentioned 3
clean-up programs for the County. 1. Trailer removal program in
which the county pays 100% on the first, 50% on the second, and
all trailers over would be negotiated. 2. The second junk
vehicle contest is in progress now and will continue until 300
vehicles have been collected. 3. Free dump week at the landfill
will take place April 30th through May 7th.
Adjournment:
Commissioner Brough motioned to adjourn the meeting at 8:25
p.m. Commissioner Rather seconded the motion and it passed
unanimously.