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
September 7, 2005 - 5:00 p.m.
In Attendance were:
Leon Sweat, Planning Commission Chairman
Michael Barneck, Planning Commission
Dean Brough, Planning Commission
Chris Peatross, Planning Commission - Excused
Shelly Fabrizio, Planning Commission
Thomas Rather, Planning Commission
Larain Mobley, Planning Commission
Mike Hyde, Community Development Administrator
Laraine Dickinson, Planning Secretary
Roland Uresk, County Attorney - Excused
| Visitors: |
Agenda
Item: |
| Darrin
Brown |
Tri County Health |
| Richard &
Kathy Ross |
Zone Change |
| B. Curtis Dastrup |
Zone Change |
| Susan Hamilton |
|
| Rodney
Rowley |
Bluebird Ranches Subdivision |
| Ron Berger |
Bluebird Ranches Subdivision |
| Gordon Moon |
Warm Springs Retreat Plat Amendment |
| Forrest
Bird |
County Road Department Supervisor |
Chairman Sweat called the meeting to order at 5:00 P.M.
PUBLIC HEARINGS:
Request by Red Cliff Development LLC to amend the Warm Springs
Retreat Subdivision, Lots 9, 15, and 16, located northwest of
Hanna Near the junction of Highway 35 and the North Fork Road
(Section 30, Township 1 North, Range 8 West).
Gordon Moon stated they are slightly amending lots 9 and 15
making them a little larger and lot 16 the fence didn’t match
the plat plan so we adjusted that in turn making that lot
slightly smaller.
Mr. Hyde stated this has been run through Tri-County Health
Department and they don’t seem to have any issues there in
regards to wastewater systems and making lots bigger and
smaller. A current title report has been submitted and all the
requirements have been met, water in this area is provided by
the Hanna Water District. So we are recommending that the
Planning Commission approve this request to amend this plat.
Commissioner Fabrizio questioned whether or not lot 16 would be
buildable. Mr. Moon stated that it was in a 2½-acre zone but
being it had water 1-acre is acceptable and lot 16 is 3.33
acres.
Commissioner Rather moved to recommend approval of the amended
plat for Warm Springs Retreat. Commissioner Mobley seconded the
motion and it passed unanimously.
Request by Uintah Mountain Ranches Corp., requesting approval of
the Bluebird Ranches Subdivision consisting of 9 lots located on
268.7 acres of land in Section 4, Township 4 South, Range 7
West, Sam’s Wash Road, Duchesne County.
A. Preliminary Plat
B. Final Plat
Ron Berger (President of Uintah Mtn. Ranches) asked to approve
the plats for Bluebird Ranches a 9-lot recreational subdivision
but would like to have waived the request for a buried water
tank. Mr. Berger stated the request came long after they had
applied for the subdivision and we were only told about it three
weeks ago. We feel that it wouldn’t help anybody and feel that
the Strawberry River being only 1¼ mile away would be sufficient
enough water supply in the case of a fire. The cost of a
30,000-gallon water tank would be cost prohibitive. Mr. Berger
stated he had contacted a company in California and they quoted
him a price of $100,000.00 for this size of tank.
Mr. Berger stated he didn’t understand why on the county road
they would be required in helping the county in widening the
road so I’m asking the planning commission to waive that also.
Mr. Hyde stated the application for this preliminary plat came
into us in April of 2004 about a month before the county’s new
rule regarding lots under 40-acres having their own water
source. The subdivision is located in an A-10 zone and all the
lots meet that requirement with lots ranging from 10.33 to 73.83
acres in size. A letter of approval from Tri-County Health
Department was received on November 17, 2004. The health
department is requiring that the final plat contain a statement
that no water is being supplied to this subdivision.
Mr. Hyde stated the subdivision would have access to the Sam’s
Wash Road, which is a county road. The road department has
indicated that the road is adequate to handle the additional
traffic, however there is a section of the road abutting this
subdivision that is narrow and needs to be widened. The Road
Department would like to work with the developer to accomplish
this work. There are a couple of future private roads proposed
in this development that would enable lands to the east and the
west to have access. A potential issue exists with the private
road located between lots 2 and 3 in that it goes through a
surface use easement granted to Coastal Oil and Gas and as of
yet I haven’t heard from them whether they have any objection to
this private road easement going through their potential oil
site. Also on lot 3 the perc test hole was done in the easement
of Coastal Oil and Gas and so if the potential property owner
decided to build they would probably have to have a new perc
test done in another place.
Mr. Hyde stated that even though the county recently changed
rules regarding culinary water the rules have not changed in
regarding fire protection, and they require that subdivisions
provide fire protection consistent with the fire code. In this
case there is no public water system in this area so there is no
opportunity to provide fire hydrants or anything like that.
However, the county is receiving word from the State Department
of Fire and Forestry that we need to do a better job of
protecting improvements, out in those Wildland-urban interface
areas. The director of our Fire and Emergency Management
Department indicates that the fire code for these types of
wildfire prone areas requires that there be at least 1,000
gallons of water available per minute for 30 minutes and that’s
how he came up with the 30,000 gallon tank. So if the developer
can work something out with the Fire and Emergency Director and
convince him that the Strawberry River is close enough or if a
nearby spring in the area could be built into some kind of water
storage facility we could eliminate the 30,000-gallon water tank
requirement.
Chairman Sweat asked Mr. Bird if he could tell the committee
where the Sam’s Wash Road needs attention and how the developer
could help. Mr. Bird stated that just north of the subdivision
lot it’s quite narrow and if the developer could have his dozer
operator widen it out some then the county could come in and do
the finishing touches. Chairman Sweat asked Mr. Bird if he felt
comfortable in giving an estimated time and money that he
thought would be involved. Mr. Bird stated that it shouldn’t
take much more than 3 or 4 hours. He could work with the
developer on this matter and due to this development there will
be more traffic. I assume that traffic will be going towards
Highway 40 rather than to the Strawberry River Road.
Rodney Rowley stated he was the surveyor on this subdivision and
that he is also a firefighter for this area and it just doesn’t
make sense to have a 30,000-gallon tank when you have the river
right there to draft from. I don’t think that it is feasible
when you look at the price of the tank. Chairman Sweat asked Mr.
Rowley if he was familiar with the spring in the area and could
you make a pond out of it. Mr. Rowley stated that he was
familiar with the spring and that he didn’t think you could make
a pond out of it.
Commissioner Peatross asked, if the Fire Official needs to sign
off. Mr. Hyde stated that he doesn’t need to sign off on
anything. However, we do ask him to provide comments, especially
with the State coming out with some new rules in an attempt to
reduce the costs of fighting fires and to protect structures out
in these areas.
Commissioner Brough asked the amount of acreage involved in this
subdivision. Mr. Hyde stated that there is 268.7 acres and
Commissioner Brough stated that a 30,000-gallon tank wouldn’t
even begin to be enough to help fight a fire. Mr. Rowley stated
that if you have a tank located somewhere in the area you need
to let the firefighters know where the tank is located and this
just complicates things, when you could just go to the river and
pump from it. Chairman Sweat asked if the tank was put in how
does it get filled. Mr. Hyde stated that he would think if would
be a joint effort between the developer and the Fire Department.
Commissioner Barneck stated that the river should suffice for
water supply, but my question is do we need to get legal access
to the river or can they pull water out of the river whenever
they want to and do they need to get permission to access the
river when they cross over private property. Mr. Rowley replied
that water rights and access rights are not an issue during fire
suppression efforts.
Georg Adams entered meeting
Chairman Sweat informed Mr. Adams of the discussion pertaining
to a water storage tank for fighting fires and asked if he could
let the commission know what is expected of the developer. Mr.
Hyde asked Mr. Adams if the river only being a 1¼-mile away
would be sufficient water source versa a 30,000-gallon tank. Mr.
Adams stated it isn’t a highway there down to the river but the
river is a possibility or any kind of tank or pond. Mr. Adams
stated that his main concerns were the roads in the area and
being able to get to the river. Mr. Hyde informed Mr. Adams that
Mr. Berger had inquired about a water tank and the cost would be
about $100,000.00. Mr. Adams stated to Mr. Berger that he could
put several tanks throughout the subdivision that it didn’t need
to be one big tank. The commission’s question to Mr. Adams who’s
responsibility is it to make sure that the tanks have water and
Mr. Adams’s reply was either the developer or the homeowners
association. Chairman Sweat indicated there isn’t a homeowners
association with this particular subdivision.
Mr. Hyde stated in the subdivision ordinance it allows Mr. Adams
to grant an exception to the fire protection requirements if a
suitable statement is received from him or an alternative worked
out. So, can you grant an exception stating that the river is
only a 1½ miles away and/or smaller on site water storage? Mr.
Adams stated that whatever decision is made tonight the County
Commissioners will ask me if it’s feasible or not.
Commissioner Barneck asked Mr. Hyde if we can we ignore the
first recommendation for a 30,000-gallon storage tank and
instead state that the river will suffice. Mr. Hyde stated if
you decide to delete the first recommendation you will need to
modify your findings to state that the river would be good
enough for fire protection.
Commissioner Peatross moved that the Planning Commission find
that the Strawberry River can serve as water-storage for this
project, thereby eliminating Condition #1 for a 30,000-gallon
tank and approve the preliminary plat subject to Condition #2
that the developer shall negotiate an agreement with the County
Road Department for the widening of a section of Sam’s Wash Road
within the subdivision, with such work to be completed prior to
the issuance of any building permits within the subdivision.
Commissioner Brough seconded the motion and it passed
unanimously.
Chairman Sweat stated; then we will go onto the recommendation
of the final plat approval of Bluebird Ranches Subdivision.
Mr. Hyde stated that everything is in order with the final plat.
To be consistent the Commission should eliminate Condition #1
involving the 30,000-gallon water tank and leave Condition #2
involving working with the County Road Department in the section
of road that needs some improvements.
Commissioner Barneck moved that the Planning Commission
recommend to the County Commission the adoption of the Findings
of Fact and Conclusions set forth in this report and approval of
the final plat of Bluebird Ranches with the same conditions as
in the preliminary plat. Commissioner Rather seconded that
motion and it passed unanimously.
Request by Richard Ross and Curtis Dastrup to amend the county
zoning map from Industrial to AR-5 (Agricultural-Residential).
The subject property is described as the south half of the SW ¼
of the SE ¼ of Section 35, Township 2 South, Range 2 West,
(located in the 4000 block of Ioka Lane-Highway 87).
Richard Ross stated that along with Mr. Dastrup they would like
the zoning related to their properties changed from Industrial
to Agricultural-Residential. Mr. Ross stated that he has a dairy
there with 100 cows with a total of about 150 animals on the
property. Mr. Ross stated they had just sold their home in Myton
and are wanting to build a home next to their dairy when they
found out that it was zoned Industrial. Mr. Dastrup stated he
was unclear of when it was zoned Industrial because he doesn’t
recall ever receiving a notice as to when this happened and also
stated that there are several homes in the area.
Mr. Hyde stated that as near as he could tell the County rezoned
this 2-mile stretch of Ioka Lane (660 feet north and 660 feet
south of the highway) industrial back in 1999. Mr. Hyde stated
that between 4000 West and 6000 West there is Petrolglyph,
Darrel Taylor Transportation, Iowa Tanklines, Nebeker Trucking,
and Arnold Engineering so at that time the county thought with
these five businesses in the area it would make sense to provide
more land for industrial. Mr. Hyde stated that at the time the
Planning Commission and the County Commission felt more
industrial area was needed because not much was available, but
it seems that none of the property owners were notified of the
zone change at that time. At this time Mr. Ross and Mr. Dastrup
are the ones wanting the rezone but we have mailed a letter
notifying the other property owners and asking them if they
would like it all to be rezoned back to Agricultural-Residential
or leave it Industrial.
Mr. Hyde stated in considering a proposed amendment to the
Duchense County Zoning Ordinance and Map, there are 6 criteria
that needs to be met.
|
1. |
The overall
community benefit of the proposed amendment:
Although there are 5 businesses in the area apparently the
majority of the property owners don’t want this industrial
zoning. |
|
2. |
Consistency with the
goals and policies of the general plan:
Our plan does contain policies aimed at preserving the rural,
agricultural character of the county and the lifestyle of its
residents. |
|
3. |
Compatibility with
the neighborhood:
Although there are businesses in the area most of the land in
this corridor is being used for residential and agricultural
purposes. |
|
4. |
What changes have
occurred in the neighborhood since the zoning
ordinance and map or latest amendment was enacted:
Since the Industrial zone was established in 1999, there has
been no additional industrial development. Such development has
occurred closer to Highway 40 and the Roosevelt Municipal
Airport. |
|
5. |
Whether a change in
the use for the affected properties will unduly
affect the uses for adjoining properties: and
The homesite would be located approximately 800 feet away from
Petroglyph’s west property line and the proposed home would be
located a similar distance to the northeast of the entrance to
the Iowa Tanklines facility, so there is a pretty good buffer
with the existing businesses. |
|
6. |
Consider the
interest of the applicant.
The applicant purchased an existing dairy on the ten-acre parcel
and now wants to build a new home on the property. Mr. Dastrup
was unaware of the 1999 rezone and wishes his land to be rezoned
also. |
Chairman Sweat asked Mr. Hyde if the businesses in the area had
been notified of the rezoning request. Mr. Hyde stated that they
had and they didn’t seem to have any objection to doing this.
Commissioner Barneck moved that the Planning Commission adopt
the findings and conclusions herein and recommend approval of
this rezone by the County Commissioners.
Commissioner Mobley seconded the motion and it passed
unanimously.
Minutes: Approval of the August 3, 2005 minutes
Commissioner Brough moved to approve the minutes as written.
Commissioner Fabrizio seconded the motion and it passed
unanimously.
Commission Comments and Staff Reports:
Mr. Hyde stated that the County Commission would be having a
Public Hearing on the Subdivision and Zoning Ordinances on
September 12th, with the main issue being the paving of the
roads in new subdivisions.
Adjournment:
Commissioner Barneck moved to adjourn the meeting at 6:13 p.m.
Chairman Sweat seconded the motion and it passed unanimously.
