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
May 13, 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 |
| George S.
Whiting................ |
Conditional Use Permit |
| Shirlie
Burdick...................... |
Conditional Use Permit |
| Clark Prothero, W.W. Clyde... |
Robert Fieldsted Conditional Use
Permit |
| Mick and Kathy Fieldsted...... |
Robert Fieldsted Conditional Use
Permit |
| Donna Brotherson................. |
Robert Fieldsted Conditional Use
Permit |
| Brent Brotherson.................. |
Robert Fieldsted Conditional Use
Permit |
| Serena and Randy Brotherson |
Robert Fieldsted Conditional Use
Permit |
| Mark & Lori
Barnum.............. |
Robert Fieldsted Conditional Use
Permit |
| Randy Mair.......................... |
Revisions to Zoning Ordinance |
| Darrin Brown........................ |
TriCounty Health Department |
| Roger and
Andrea Bennett..... |
Plat Amendment |
| Hazel and Michianna Aranas.. |
Charlie Hansen Subdivision |
| Charles
Hansen.................... |
Charlie Hansen Subdivision |
| Christie
Faust....................... |
Dan Faust Zone Change |
Chair Barneck opened the meeting at 5:02 p.m.
Conditional Use Permits:
George S. Whiting and Shirlie Burdick, requesting a Conditional
Use Permit for a Bed and Breakfast. Section 1 Township 4 South
Range 5 West, U.S.B.&M. Located in the Duchesne area.
The applicants stated that it would be a 3 or 4 bedroom bed and
breakfast, with upgraded landscaping. They will live on the
premises. There will be no traffic impacts because of the small
size of the existing driveway. The site is located just east of
the county fairgrounds. There is sufficient parking in a large
circular driveway. Regarding fire safety, they have smoke
detectors, but will do whatever they have to do to make it
legal.
Teresa Nielsen noted that the Building Official and Fire
Marshall will have to go down to the property to let them know
what to do to make it legal and this should be listed as one of
the conditions.
Chairman Barneck outlined the Conditional Use Permit criteria:
#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 public health, safety
or general welfare;
#2- the proposed use will be conducted and
located in compliance with the goals and policies of the
Duchesne County general plan and purposes of this ordinance; and
#3- the property on which the use, building or other structure
is proposed is of adequate size and dimensions to permit the
conduct of the use in such a manner that it will not be
detrimental to surrounding properties.
Chairman Barneck called
for any objections or other comments.
As there was no one present opposed to this application,
Chairman Barneck called for a motion to approve the conditional
use based on compliance with all county and state codes. Such a
motion was made by Leon Sweat and seconded by Shelly Fabrizio.
The motion passed unanimously.
Robert and Connie Fieldsted, requesting a Conditional Use Permit
for a gravel pit and rock crushing operation. Section 34,
Township 1 South, Range 4 West, U.S.B.&M. Located in the Boneta
area. (Sandwash proposal)
Mr. Fieldsted: the existing gravel pit is currently crushing on
5 acres, but we want to expand to 45 acres. Clark Prothero, of
W.W. Clyde, is with him to help answer any questions.
Mr. Prothero stated that they need 45 acres to get rocks to
crush and for stockpile storage and set up a (concrete plant)?
Will leave the crusher in Section 1 to meet the requirements of
the state, being 1,320 ft away from any homes. May haul rock in
from Sections 3 & 4, to crush in Section 1, and take back to 3 &
4 for storage. The batch plant will probably be located in
section 3. To do that, they will have to relocate power poles,
and the county road. Have met with the power company and they
will do it. Will move it over to the other side of the
irrigation ditch so its closer to the existing power poles they
have, and relocate the county road temporarily next to the
ditch. Has talked with UDOT, and the current road comes pretty
close to the knob of the hill so after we are done we will
relocate so the road outlet is down further off the hill. I
can’t tell you now where the road would be because I’m not sure
of the depth. The plan is to put everything down in the existing
hole so it will be out of sight. Will have dust control. Have to
have 800,000 to 1,000,000 pounds of material to fix Sandwash.
Chair Barneck asked if there was anyone opposed?
Lori Barnum spoke. Where they are digging is about 300 ft. from
my house, I have four little kids.
Mr. Prothero commented that we don’t think we’ll ever reach the
house, but I can’t tell you yet until we set up.
Mrs. Barnum stated that she is worried about her little ones,
and having heavy machinery right across the street. Is there any
way they can move the operation up? Mr. Prothero replied that we
will start at the existing pit, and then move up. There won’t be
hardly any trucks driving near you. We have dust control, by
putting misters on the trucks.
Chair Barneck stated that one of our conditions in the county
ordinance is that they maintain a near dust free area. So if
there is a dust problem, it can be reported to county staff.
Mrs. Barnum stated that her concern is more than the dust; I’m
concerned about safety for my kids.
Chair Barneck asked Mrs. Barnum what she would suggest to solve
that? Mrs. Barnum replied to keep the operation as far north as
possible. In response to an inquiry about how bad the traffic is
now, Mrs. Barnum replied that trucks come to check the oil and
there are a few semi trucks but rarely. What about the question
of devaluing my property?
Chair Barneck: that’s also a condition they have to meet.
There was discussion concerning map details.
Mr. Prothero stated, from our standpoint, if you have an issue,
then come talk to us. We’re not here to bully people. When we
relocate the county road after we are finished we will get it to
where UDOT, and the county are happy. This will happen somewhere
near October of 2005. Right now we will use flaggers with UDOT
to direct traffic. We will tell our workers to keep an eye out
for your kids for their safety. Mrs. Barnum stated that there
are other kids in the area to watch out for.
Chairman Barneck outlined the general Conditional Use Permit
requirements:
#1 The proposed use at the proposed location will
not be unduly detrimental or injurious to property in the
vicinity and will not be detrimental to public health, safety or
general welfare.
#2 The proposed use will be located and
conducted in compliance with those policies of the Duchesne
County General Plan and the purposes of this ordinance.
#3 The
property on which the used building or other structures is
proposed is of adequate size and dimensions to permit the
conduct of the use in such a manner that will not be materially
detrimental to nearby properties.
Also four special conditions.
#1 Must be maintained in a near dust free condition. Mr. Prothero: there may have been a problem the two weeks because we
didn’t want to set up all the water equipment until we knew we
had this.
#2 A bond shall be issued in the amount of $1000 per
acre from which such materials are taken to provide a guarantee
of reconditioning the land. The number of acres must be listed
on the conditional use permit and may not be enlarged or
modified until the issue is represented to the planning
commission and the enlargements or modifications are approved.
#3 Reconditioning to insure the surrounding properties will be
protected along with the beauty of the landscapes.
#4 Rock
crushing operations must be a minimum of 1,320 feet from any
city, town, or residential use.
Chair Barneck asked staff if they meet #4? Teresa Nielsen
replied that they do as long as they remain in the northern part
of the proposal. That condition is only for the rock crushing,
not the actual excavation.
Mrs. Barnum asked how close can they actually excavate? Teresa
replied that the ordinance doesn’t specify that; it only limits
the rock crushing with the buffer zone.
Chair Barneck asked the applicants if they have an estimate as
to how far away you will be from Mrs. Barnum’s house?
Mr. Prothero replied that the excavation will probably be 600
feet away. If they can dig deeper they won’t have to be that
close, it just depends on if they hit ground water.
Chair Barneck asked if a setback of 400 feet would make both of
you happy?
Mr. Prothero replied yes.
Mrs. Barnum replied no,
because I have little kids. It’s not just the crusher; it’s the
big trucks you will use to get things up there.
Chair Barneck suggested a requirement of fencing.
Mrs. Barnum
stated that would make her feel better.
Chair Barneck stated that the applicants will need to put up an
environmental fence around anything you do in section 2 or 3.
They will need to stay 400 feet away from the home, and surround
the site with environmental fencing. What are your plans as far
as hours of operation?
Mr. Prothero replied that the hours would probably be 6:00 a.m.
to 6:00 p.m., or 7:00 a.m. to 7:00 p.m. There may be maintenance
work after hours.
An unidentified resident spoke; indicating that they live just
down the hill from the operation, and the noise level hasn’t
been a problem at all.
Chair Barneck asked for any other comments. If the applicants
put up the environmental fencing in an area that is close to
your home, how far do you want it to extend from your home? Does
500 ft. work?
Mrs. Barnum replied yes.
Chairman Barneck called for a motion, suggesting special
conditions as follows: keep extraction 400 feet from the nearest
residence, install environmental fencing within 500 feet of
nearest residence, hours of operation to be 6:00 a.m. to 6:00
p.m., no rock crushing, hauling or excavating after 10:00 p.m. A
motion was made and seconded that they meet all 7 requirements,
and all special conditions. The motion passed unanimously.
Subdivisions:
Charlie Hansen, Charlie Hansen Subdivision, Preliminary plat,
Lots 1-2, Section 30 Township 1 South Range 3 West, U.S.B.&M.
Located in the Altamont area.
Chairman Barneck opened the public hearing on this matter.
Mr. Hansen requested approval of a two-lot subdivision. Lot #1
would be about 7 acres with an Upper Country culinary water
hookup with it. Tri-County Health has done a percolation test on
it for a new home. Lot #2 is about 9 acres, has a natural gas
hook-up, a culinary hook-up, and also has a septic system. That
lot used to be primarily my old milk-barn. They both have paved
roads in front of them. We have paid the 2004 taxes up to date.
Chair Barneck asked staff if the applicant has met all the
conditions and requirements?
Teresa Nielsen replied in the
affirmative.
Darrin Brown, Tri-County Health Department, stated that the lot
size of what you are discussing are not the same as what I have.
Mr. Hansen replied that one of the lots is 8.92 acres and the
other is 6.55 acres. Darrin Brown stated that the map he has
shows 4 lots. The lot sizes are 6.55, 3.4, 8.9, and 13.8 acres.
Mr. Hansen replied that the 13.8-acre lot has been pulled out of
the subdivision and sold. Then we revised it to lots one and
two.
Chair Barneck noted that on the map, I have 6.56 acres for Lot
1, and 8.97acres for Lot 2.
Mr. Hansen stated that they have re-drawn the plat several
times.
Darrin Brown stated that what I have is what we approved, so if
it has been changed, we will have to do the approval again.
After a discussion regarding the maps, it was concluded that the
boundaries are all the same.
Mr. Hansen stated that the other lots nearby are not for sale
because I can’t get any more water connections from Upper
Country water at this time.
Darrin Brown asked for a copy of the revised plat.
Chair Barneck called for any other discussion or questions? We
have a water connection, a passed percolation test, and access
to all properties. Commissioner Peatross introduced a motion to
approve the preliminary plat. The motion was seconded by
Commissioner Fabrizio and passed unanimously.
Charlie Hansen, Charlie Hansen Subdivision, Final Plat, Lots
1-2, Section 30 Township 1 South Range 3 West, U.S.B.&M. Located
in the Altamont area.
Teresa Nielsen reported that there is currently a mortgage on
the property. We have a letter from the mortgage company saying
that they will give a partial relief on the property so that it
can be sold. This applies because you can’t approve a
subdivision that has loans on the property. As there was no
additional testimony or questions, Commissioner Brough
introduced a motion to approve the final plat. The motion was
seconded by Commissioner Sweat and passed unanimously.
Roger Bennett, Plat Amendment, for lots 25 and 26, Equestrian
Estates Subdivision. Section 16 Township 2 South, Range 3 West,
U.S.B.&M. Located in the Sandwash area.
Chairman Barneck opened the public hearing on this matter.
Roger Bennett stated that he owns Lot 26 and would like to
purchase 2.5 acres that is adjacent to my property, within Lot
25. Amended Lot 26 would then have 7.5 acres and amended Lot 25
would be reduced to 2.5 acres.
Chairman Barneck asked for public testimony.
Mrs. Mitchell, stating that she lives immediately west of Mr.
Bennett, spoke in favor of what he is proposing.
Teresa Nielsen noted that we have a letter from Tri-County
Health stating approval from them and verifying that the
existing wastewater system on the 2.5 acres Devin Hansen is
keeping would be able to be sustained.
Chairman Barneck observed that there are plenty of other
2.5-acre lots around it.
Commissioner Fabrizio introduced a motion to approve the amended
plat. The motion was seconded by Commissioner Brough and passed
unanimously.
Zone Changes:
Daniel F. Faust, requesting a zone change from an A-5
Agricultural five-acre minimum zone to a C- Commercial zone.
Section 1, Township 3 South, Range 5 West U.S.B.&M. Located in
the Duchesne area.
Chair Barneck opened the public hearing and asked the applicants
why they want to change to a commercial zone?
Christie Faust replied that Mr. Faust wants to change about 600
feet back from the road to be developed into a mini-mart and a
restaurant. The rezone request does not encompass the entire 42
acres.
Teresa Nielsen noted that Mr. Faust was not able to persuade
other property others in the area to join with this request, so
he came in on his own proposal.
Chair Barneck asked staff if there is any history as far as
things similar that have happened in the past?
Teresa Nielsen replied that, normally, such rezone requests
extend only 300 feet from the highway. Even though the ordinance
says 300 feet, it is only a proposal so there shouldn’t be a
problem with 600 feet.
Roland Uresk suggested putting the line 600 feet back from the
north boundary of the parcel because you don’t know if the
parcel line is in the middle of the road, or the other side of
the road.
Chairman Barneck asked if there has been any opposition?
Teresa Nielsen replied that staff has received a few phone calls
just inquiring, but no one opposed. They will be notified again
after it is recommended, then put in the paper for 14 days, then
the county commissioners will look at it again at the public
hearing.
Chair Barneck called for a motion making a recommendation to the
County Commissioners. Mr. Sweat introduced a motion to recommend
approval of the rezone request. The motion was seconded by
Commissioner Peatross and passed unanimously.
Other Discussion:
Zoning Ordinance: review proposed revisions of Title 17,
sections 17.08 Use Definitions; 17.12.030 Table of Uses; and
17.52 Conditional Use Permits.
Chairman Barneck outlined the proposal that Level 1 Residential
Treatment Facilities (containing up to 12 residents) would be
allowed as a Conditional Use in all but the Industrial zone.
Level 2 facilities (more than 12 residents) would be allowed as
a Conditional Use in the A-5, A-10 and Commercial zones. Secure
Treatment Facilities are proposed to be allowed only in the A-10
zone as a Conditional Use.
Chairman Barneck stated that there are currently no secure
treatment facilities in the area, but we have two facilities
that would be classified as level 2 facilities; Turning Point,
and Cedar Ridge. Both of the existing facilities are zoned
Commercial, but they will be grandfathered in.
Discussion ensued regarding whether the proposed 200-foot buffer
is reasonable. One Commissioner replied that, considering the
recent issue in Hancock Cove, 200 feet may not be enough to
satisfy existing residents.
Chairman Barneck inquired if any other land uses in the county
are required to provide buffer zones.
Teresa Nielsen replied
that rock crushing and sexually oriented businesses are two such
uses.
Teresa Nielsen noted that the proposed buffers would help
prevent a Level 1 facility from expanding into a Level 2. This
ordinance would force anyone looking into a facility to look for
an area that would meet these requirements. The ordinance was
not written to disable or prohibit Cedar Ridge, Turning Point,
or the Hancock’s from their business venture, it was written for
the best interest of the county. We need to come up with some
kind of balance between the neighborhood property owner’s
rights, and the proposed business owner’s rights. The moratorium
that was set in mid March was only for a four-month time frame.
The County Commission will hold a public hearing on the proposed
amendments, and it needs to be adopted and have action taken on
it before the moratorium expires. The Planning Commission’s task
is to review the proposed ordinance and recommend it, as you
want it to read, to the County Commission. Then they can either
take it exactly as you’ve written it, or they can make their
changes and send it back to you. As a board you need to be able
to agree on it, because you are the ones who will enforce it.
The Commission discussed that a Level 2 building will be a large
structure, looking more commercial. If you put that on a 5-acre
lot, you will have a commercial looking building in the middle
of a residential area. Do you really want that in a 5-acre zone?
You could have the buffer be exempt in the case of commercial
zoning, as long as the buffer would only apply to anything zoned
residential.
Darrin Brown, Tri-County Health Department, commented that, in
distinguishing between a Level 1 and a Level 2, if there are 12
people they need to have a commercial kitchen. If it is under
12, it can still be a regular residential kitchen. An idea to
help determine the number of people allowed in a Level 1 could
depend on the square footage of the home.
After further discussion, the Commission recommended to the
County Commissioners that the Zoning Ordinance be amended as
proposed, with a minimum one mile spacing between treatment
centers, a 200 foot buffer from Level 2 facilities to the
property lines, Secure Treatment Facilities to have a 1,320 foot
buffer and appropriate fencing.
Adjournment:
Meeting adjourned at 7:30 p.m.
