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
July 13, 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 - Excused
Shelly Fabrizio, Planning Commission
Larain Mobley, Planning Commission
Mike Hyde, Community Development Administrator
Laraine Dickinson, Planning Secretary
Roland Uresk, County Attorney
| Visitors: |
Agenda
Item: |
| Jerry Allred |
All |
| Clinton Moon |
Riverwoods Estates Subdivision |
| Darrin Brown |
All |
| Renee Howes |
Silver
Moon Ranches Phase 2 |
Chairman Sweat called the
meeting to order at 5:00 P.M.
PUBLIC HEARINGS:
Request by Dean and Peggy Sweat to amend the Farm Creek Mini
Ranches Subdivision, Lot 32 located northwest of Tabiona
(intersection of 39750 West and 6000 North) in Section 13,
Township 1 South, Range 8 West, U.S.B.&M.
Dean and Peggy Sweat were not
present at the meeting but Jerry Allred the surveyor was in
attendance.
Mr. Hyde passed around some
color photos of the area. Mr. and Mrs. Sweat are the parents of
Kitzi Hackford and they want to divide their lot so that their
daughter and son in law may build a home. There is Hanna water
there so they qualify for a one-acre lot. We have been waiting
for approval from Tri-County Health and we received a letter
from them on 5-23-05 with their approval. Both lots have access
to the roadway so there is no problem there.
Mr. Hyde stated the Title
Report was dated 2-16-05 and so I’m recommending that if you
approve this plat amendment that they have the Title Company
provide an update to make sure there hasn’t been any changes in
status of ownership in the last 5 months. Other than that,
everything is in order to present it to the County
Commissioners.
Chairman Sweat asked if there
was any discussion from the Board. Commissioner Barneck stated
he had a work order to do an appraisal on this manufactured home
and lot and they have just been waiting for this approval to go
through. Chairman Sweat asked the Board if any of them had a
problem with Commissioner Barneck’s involvement and none of them
did.
Commissioner Peatross
motioned to recommend approval of the amended plat, provided
that the title report is updated prior to recording of the
amended plat. Commissioner Brough seconded the motion and it
passed unanimously.
Request by Utah Land and
Ranches, Inc. for approval of Silver Moon Ranch Phase 2, located
in Sections 14, 22, 23, 27, 28, 29, 32, 33, and 34 of Township 4
South, Range 4 West, and Sections 4 and 5 of Township 5 South,
Range 4 West, U.S.B.&M.
A. Preliminary Plat
B. Final Plat
Renee Howes stated this is 45
of the final lots and the road is about 80% complete to the
entire project so we suspect that it would be entirely complete
by the 1st of September.
Mr. Hyde stated since the
approval of Silver Moon Ranches Phase 1 they have sold over 50%
of the lots, so with that 50% threshold being met they are able
to proceed with Phase 2. There is already bonding provided for
the roads in both Phases. There is no water because all the lots
are over 40 acres in size. Tri-County Health has submitted their
approval for Phase 2. The applicants have asked for a variance
to the current standard that all lots have a perc test. We are
recommending that a variance be issued to that standard as
Tri-County Health has been satisfied with a perc test on every
3rd or 4th lot as the lots are 40 to 240 acres. The covenants
for Phase 1 will also apply to Phase 2. There is an updated
title report so there’s no issues there, so we are recommending
approval of the preliminary plat with the variance for the perc
test standards and also recommending approval of the final plat
at this time with no conditions.
Chairman Sweat asked if there
were any comments or questions.
Commissioner Rather asked for
clarification regarding the number of lots sold in Phase 1. Ms.
Howes stated that only 3 lots are left in Phase 1 that aren’t in
escrow, so that would mean that 47 lots are either closed or are
currently in escrow.
Commissioner Brough motioned
that the Planning Commission adopt the findings of the Staff
Report and approve the preliminary and final plats of the Silver
Moon Ranch, Phase 2 with the associated variance as requested.
Commissioner Barneck seconded the motion and it passed
unanimously.
Request by Clinton and
Donnette Moon for final plat approval of the River Woods Estates
Subdivision, located east of Duchesne in Sections 5 and 6,
Township 4 South, Range 4 West, U.S.B.&M.
Mr. Hyde stated that on May
4th the preliminary plat for Clinton Moon’s subdivision was
approved with 5 conditions:
|
1. |
The relocation of the Moon Lake
Electric line may require changing the easement on lot 1
but Mr. Moon has since decided against moving the line
so there won’t be a change in the easement. |
|
2. |
The easement for the East
Duchesne Water Line has been provided. |
|
3. |
The Restrictive Covenants be
recorded when the final plat is recorded. |
|
4. |
The Road either needs to be
completed or bonded for (we have received a letter from
the Road Department that they have inspected and
improved the road). |
|
5. |
That a fire hydrant be installed
on the 6-inch water line and be located between lots 3
and 4. However; since that time, the East Duchesne Water
District has provided the County with a letter saying
that the 6-inch line is not designed for providing fire
water, it’s on a dead end line and our code says that a
line to provide fire water shall be at least an 8-inch
line. So Mr. Moon is unable to put in the fire hydrant
that we were initially requesting. |
Georg Adams our fire official is thinking that a hydrant on a
6-inch line is better than no hydrant at all, but the water
district is not going to allow this. Mr. Hyde stated if this was
a new water line, then we would require an 8-inch line be
installed.
Mr. Hyde stated for final
plat approval a title report was required and the only thing
showing on the report is Western Ag Credit has a mortgage on the
property but we have a letter from them dated June 28th stating
they have no objections to the dividing of the property. The
developer has received approval from the County Road Department.
One thing on the roads is that when a road is accepted into the
county road system there’s a one year guarantee that is provided
by the developer in the amount of 10% of the cost of
constructing in the road and if in some aspect of the road fails
during the first year and needs to be repaired then a bond is
provided to help with those repairs. Mr. Moon has set up an
escrow account with Zions Bank and no monies can be taken out of
that account without signatures of both Mr. Moon and the county.
Chairman Sweat asked if there
were any questions or concerns?
Commissioner Fabrizio asked
is there anyway in upgrading that water line to an 8-inch line?
Mr. Hyde stated that the line comes from the north side of the
river on the old highway then goes across some of the farm land
and across the river so it would be quite lengthy and quite
expensive so it would be cost prohibitive.
Commissioner Brough asked
what was the Water District’s reasoning for not allowing the
fire hydrant or was it just because the line was too small. Mr.
Hyde stated that it was also because it is a dead end line. Also
long term maintenance expenses having to take care of a fire
hydrant they didn’t want to pass on to their customers. Chairman
Sweat asked then because the line was there first it’s not a
show stopper. Mr. Hyde stated it wouldn’t be fair to the
developer to require him to up size the line to an 8-ince line
given the length and this subdivision is real close to Duchesne
City, so we feel that they will get a good response and will be
able to truck water out there. Mr. Moon stated during irrigation
time he could supply secondary water, there is a 2-inch line
provided and it has at least 40 to 50 pounds of pressure.
Commissioner Rather stated
the people buying a lot should be aware of the fire hydrant
situation. Chairman Sweat asked Mr. Moon if in his restrictive
covenants would it be possible to mention the limitations on
fire protection? Mr. Moon stated that he could add this issue to
the covenants. Mr. Moon stated that Lee Moon is the manager of
East Duchesne Water District and in all the time he’s served, no
one has ever approached him (when asking for a water hook-up)
about fire protection. Mr. Hyde stated an option would be to
require the developer to construct a water storage tank to serve
the subdivision.
Commissioner Brough motioned
to recommend to the County Commissioners to adopt the findings
of the Staff Report and approve the final plat of River Woods
Estates. Commissioner Mobley seconded the motion and it passed
unanimously.
Continue hearing regarding
proposed amendments to the Duchesne County Subdivision
Ordinance.
Mr. Hyde stated on May 4th
and June 1st meetings we discussed the subdivision ordinance and
as a result, the following changes have been made in the
proposed ordinance:
Page 5: Definition of a
“Minor Subdivision” changed to allow nine or fewer parcels to be
created through the minor subdivision process as allowed by
state law.
Page 21: Subsection F
modified to refer to a minor subdivision versus a “one-time
parcel of land split.
Page 26: Subsection U
modified to clarify that the Tri-County Health Department is the
sanitary sewer authority. Subsection U (1) modified to delete
the requirement for a percolation test on each lot. This gives
the health department flexibility to allow a perc test on a
representative number of lots in larger lot subdivisions. The
health department will continue to require a perc test on all
lots in subdivisions with smaller lot sizes.
Page 38: Subsection J
modified to require paved roads only in areas zoned R-1/2 (areas
with culinary water and public sewer). Roosevelt City
recommended that we not impose a paving standard based on their
annexation policy area. During hearings regarding this policy,
there was a lot of anxiety among property owners within those
areas that they may be annexed against their will or forced to
meet higher standards.
At the last hearing, Bob West
estimated an additional cost of $9,500.00 to $10,000.00 per lot
if paving were required in the R-1 zone. If there were lots
platted on both sides of the road, this cost would be lessened
50%.
The Commission discussed
local improvement districts as a way for property owners to
finance road improvement to a paved standard if the majority are
tired of gravel roads.
Commissioner Brough stated
his still has concerns with the paving issues and still thinks
that the developers should be responsible for paving in new
subdivisions and not put the burden on the county as it has been
done in the past. Mr. Hyde stated the County should probably get
into the business of improvement districts where people would
work with the county to have the roads paved and pay the county
back in 10 years. Commissioner Brough stated he had some
conversations with people in surrounding subdivisions and asked
would you have paid a higher price with the roads paved and they
replied that they would.
Mr. Hyde stated he has spoken
to Uintah County about their road paving policies and they
require paving in all zoning districts but they have the ability
to waive it if they want. They also require curb, gutter and
sidewalks in some areas. Darrin Brown stated in Uintah County if
there is any road construction in a subdivision then it is not
considered a minor subdivision. Mr. Hyde agreed that a minor
subdivision in Uintah County already has road frontage so there
is no road construction there. Mr. Hyde stated that in the last
meeting the $9,500.00 that Mr. West mentioned that it would cost
per lot to pave was pretty scary, but if you have lots on both
sides of the road then the cost would be half that amount.
Mr. Hyde stated the County
Commissioners are concerned with this and they feel this a
number 1 issue. If the Planning Commission states paving is
required on ½ acre lots, the County Commissioner have the
ability to go up to 1-acre lots but they are willing to listen
to any recommendation the Planning Commission has. Mr. Hyde
stated; we need to draw a line whether we go with a ½ acre or up
to 1-acre and in the last meeting we were leaning more towards
the ½ acre. Chairman Sweat stated he agrees with Commissioner
Brough and go with 1-acre lots. Commissioner Barneck stated that
rather than tie it to a R-1 zone you need the clarify anything
up to 1-acre needs to be paved and the majority of the
commission agreed that this would be better.
Mr. Hyde referred to page 38
item J, which ties it to the R ½ zone so we would need to add
something like in zones where the average lot size is a certain
amount (if smaller than this paving is required and if larger,
paving is not required). Commissioner Barneck stated then the
developer would probably make it a little bit bigger so they
wouldn’t have to pave it. Commission Brough stated then let’s
recommend that all subdivisions be paved unless a variance is
filed and approved. Commissioner Fabrizio stated an example
would be Silver Moon Ranch where the lots begin at 40-acres and
go up. Commissioner Barneck stated then what would be feasible?
Mr. Hyde stated we would have to deal with this on a individual
basis. Mr. Uresk asked doesn’t the Board of Adjustment have to
deal with this? Mr. Hyde stated the Planning Commission has the
power to grant variances to the subdivision ordinance in the
preliminary plat stage. Mr. Hyde stated another way we could
handle this would be to say all proposed subdivisions streets
located within the R-½ and R-1 zones be paved to county
standards by the sub divider unless a variance is granted by the
Planning Commission.
After a discussion between planning members it was decided to
get away from the R-½ and R-1 and just say anything 5-acres and
under needs paving unless a variance is granted, this way if you
say 2-½ acre and under the developer could make them 2-¾ acre
lots to get around having to do the paving. Mr. Hyde stated that
the wording for subsection “J” could read: “All proposed
subdivision streets shall be paved to county standards by the
sub divider if the average lot size within the subdivision is 5
acres or less, unless a variance is granted by the Planning
Commission taking into consideration the location, lot size,
distance to existing paving, anticipated traffic flows and cost
feasibility. Mr. Uresk stated you may want the conditions of how
you would grant a variance and Mr. Hyde stated they are in the
ordinance already he referred them to page 10 of the existing
ordinance. Mr. Uresk stated they don’t apply to the paving
issues so I feel you will need to add this and the financial
feasibly and the area in which the paving is going to occur. Mr.
Hyde stated then you are suggesting to included in the variances
the location of the subdivision, lot sizes the amount of traffic
and the distance to existing paving. Commissioner Mobley stated
that in attending the seminar in North Salt Lake the first part
of June that all the other counties require paving done by the
developer and Duchesne County is the only county that doesn’t
require paving be done up front.
Darrin Brown referred to page
41 where it states that one needs to get a Registered
Professional Engineer to give written documentation for a water
source. He indicated that you aren’t going to get anyone to do
this. There is really no set standard unless there is going to
be a public water system then there is a standard but if it’s
just for an individual then there is not so rather than
requiring a “Registered Professional Engineer”, it would be OK
to insert Tri-County Health and you need to meet their
requirements. Mr. Hyde stated a proposal for #3 at the bottom of
page 41to say, leave the first 3 lines, strike out Registered
Professional Engineer and put a statement from culinary water
authority must be submitted and the last 4 lines in bold be
stricken and then to continue with “The Tri-County Health
Department serves as the culinary water authority in this case.
Chairman asked is there any
other questions or comments in regards to the changes or are we
ready to vote. Commissioner Barneck stated that he wasn’t ready
at this time he felt that it was a lengthy document and felt
that the commission could be missing something and would like to
review it further. Mr. Hyde stated to the commission that they
could recommend it at this time and if need be the commission
could suggest further amendments at a later date. Commissioner
Barneck stated he would like to talk with a couple of developers
in Uintah and Duchesne counties to see if there are some point
of views that we haven’t seen or thought of.
Mr. Hyde stated even if you
decide to vote on this tonight and pass it up to the County
Commissioners for their decision they will need to review it and
have public hearings and it may be another two months before it
would possibly go into effect. So there will be plenty of time
if need be to make any other changes and receive additional
public input.
Commissioner Brough motioned
to approve this with changes as noted to the County
Commissioners for their approval. Commissioner Rather seconded
the motion and Commissioners Brough, Rather, Fabrizio, Peatross,
and Mobley voting in favor with Commissioner Barneck abstaining.
Continue hearing regarding
proposed amendments to the Duchesne County Zoning Ordinance.
Mr. Hyde stated to the
commission in a memo the changes made since the last meeting
held on June 1st . 1. Airstrips in A-5/A-10 zones, we added a
definition for airstrips along with adding it to the table,
permitted outright in the industrial zone, conditionally in the
commercial and A-5/A-10 zones and prohibited elsewhere. 2.
Sexually Oriented Businesses right now are a conditional use in
A-5/A-10 zones. We have changed them to be prohibited in
A-5/A-10 zones. The commission asked where are they allowed? Mr.
Hyde stated they are a conditional use in the industrial and
commercial zones. 3. Minimum dimensions of a space in a mobile
or manufactured home park changed from 50 X 110 to 50 X 100 to
allow achievement of the maximum density standard of 8 units per
acre.
Mr. Uresk made a
recommendation that part of the problem is the misconception of
the zoning and I would like to go over with Mike the zone maps
and zones. Chairman Sweat asked Mr. Uresk if he would like to
hold off until we complete this set of amendments. Mr. Uresk
stated if you’re not comfortable with this, we either hold off
or can go over this at a later time.
Commissioner Fabrizio made a
recommendation to the County Commissioners to accept the zoning
ordinance be amended as shown. Commissioner Brough seconded the
motion and it passed unanimously.
New Business:
Request for an extension of time to file the final plat of
Fruitland Ranchettes, by Seven 96 Partnership.
Mr. Hyde stated this is a
5-lot subdivision located on the northeast corner of the
intersection in Fruitland off Highway 40 and 45000 West, behind
the fire station. The preliminary plat was approved on July 7,
2004 and one of the conditions of approval was that the
developer needed to get some kind of access to lot 5. He has
been unable to achieve this and so it has slowed him down. Also
it has taken longer to get the water line in the road so the
developer is asking for a 1-year extension to file the final
plat.
Commissioner Fabrizio asked
why the developer wasn’t able to get access to lot 5 directly?
Mr. Hyde stated UDOT has spacing standards on Highway 40.
Chairman Sweat stated there is an existing access at the Blue
property line and lot 5 and the Blue/Carr people are in a
disagreement and so this isn’t going the happen. Mr. Hyde stated
in the end the developer may have to combine lots 4 and 5.
Commissioner Barneck motioned
to approve a one-year extension to file the final plat of
Fruitland Ranchettes Subdivision. The new deadline for final
plat submittal shall be July 7, 2006. Commissioner Peatross
seconded the motion and it passed unanimously.
Minutes:
Approval of June 1, 2005 minutes
Commissioner Fabrizio
motioned to approve the minutes. Commissioner Mobley seconded
the motion with 5 votes for (Commissioners Brough, Mobley,
Fabrizio, Barneck, and Rather), and 1 abstaining (Commissioner
Peatross who was excused from the meeting).
Commission Comments and
Staff Reports:
Commissioner Mobley attended a planning seminar in North Salt
Lake the first part of June. She stated that it was very helpful
to her and indicated that there is a lot to learn but a lot of
the discussion involved was regarding areas larger than ours.
Adjournment:
Commissioner Barneck motioned to adjourn the meeting at 6:45
p.m. Commissioner Fabrizio seconded the motion and it passed
unanimously.
