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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
November 2, 2005 - 5:00 p.m.

In Attendance were:

Leon Sweat, Planning Commission Chairman
Michael Barneck, Planning Commission
Dean Brough, Planning Commission - Excused
Thomas Rather, Planning Commission
Chris Peatross, Planning Commission
Shelly Fabrizio, Planning Commission
Larain Mobley, Planning Commission - Excused
Mike Hyde, Community Development Administrator
Laraine Dickinson, Planning Secretary

Visitors: Agenda Item:
Warren Brandow Valle del Padres Amended Plat
Jerry Allred Valle del Padres Amended Plat
Taylor Thayne Valle del Padres Amended Plat
Dan & Florence England Valle del Padres Amended Plat
Charles Hannah (Attorney for Mr. Brandow)  
Myton City Planning Commission Member  

Chairman Sweat called the meeting to order at 5:00 P.M.

PUBLIC HEARINGS:
Warren Brandow, requesting to amend the Valle del Padres Subdivision, Lots 60, 61, 64, 65, 68, 69, 72 and 73 located approximately 1 mile southwest of Fruitland (SW ¼ Section 24, Township 3 South, Range 9 West). The proposal would re-plat the existing 8 five-acre lots into five lots, ranging from 6.84 to 10.06 acres in size.
Mr. Hyde stated the existing 8 lots don’t relate with the roads in the area but the proposed 5 lots are more appropriate with the roads out there. Mr. Hyde stated the roads out in the area are narrower than the county standards. Mr. Hyde stated Mr. Brandow has just recently purchased the existing 8 lots and has applied for a plat amendment. His plans are to bring the roads up to county standards and to extend Fruitland water from the northwest corner of the property clear through to serve all 5 lots. Mr. Hyde stated that the road department has indicated that the roads are too narrow and so either the roads will need to be brought up to standards before the plat is approved or else there will need to be a bond issued for 125% of the cost.

Another issue is the water supply, they are creating 5 new lots from 8 existing lots however any lots under 40-acres in the county need a water source. We have received a letter from the Fruitland Water District indicating they can provide the culinary water to this area and if the lines are not in at the time of recording then a bond needs to be posted for the waterlines. Mr. Brandow has indicated that all of the improvements would be in and taken care of before the plat is recorded.

Mr. Hyde stated that Darrin Brown indicated in the last meeting some concerns that some of the lots may not perc. According to the survey plat there has been a perc test done on 4 of the 5 lots. Lots 22 & 23 seem to have pretty good soil but lots 24, 25 and 26 seem to be rocky so there is some concern there. Mr. Brandow stated that if needed he would have dirt hauled in so that a perc test would pass and a septic system could be put in.

Mr. Hyde stated in regards to fire protection the Fruitland Water District has indicated that their system is not improved to provide fire protection by installing fire hydrants. Mr. Brandow stated that he would be willing to install fire hydrants but Fruitland Water says that he would be unable to hook them up. We are actually reducing the fire hazard by going from 8 to 5 lots.

Chairman Sweat stated he owns property within ¼-mile from the property in question. I have had minimal contact with a couple of people in reference to this but I don’t feel that it has biased me in anyway so that I would need to recuse myself. Mr. Hyde stated that Chairman Sweat should state what questions were asked of him. Chairman Sweat stated that he had spoken to Mr. Brandow in regards to the culinary water in the area and I am on that Board and also to a property owner adjacent to this property in reference to the location of the properties in question.

Mr. Brandow stated what they would like to do is to put in a facility adjoining with the property recently purchased from Ellis Muir. So with this 40 acres and that of Muir’s it gives us 424 acres. The amended plat for Valle del Padres would be Phase 1 of our project and eventually we would like to put in a first class equestrian center and a very nice park. Also we would like to put in a shooting range and a place where kids can ride 4-wheelers safely and a place where people can park motor homes and boats in the winter time safely. The property is located approximately 6 miles from Bandanna Ranch and their airstrip so people could fly into there and we are only 1 mile off of Highway 40. Mr. Brandow stated they have 3 people that are interested in financing the project so there wouldn’t be a problem there.

Chairman Sweat asked Mr. Brandow about the road on the west side and who is responsible and if it would be widened out with any ingress or egress. Mr. Brandow turned it over to Mr. Thayne who is doing the roads and waterlines in the area and he stated he would also like to know who owns that road. Mr. Thayne stated that if they need to they will widen but it isn’t on the property and has nothing to do with it other than it is an access to the property. Mr. Hyde asked where you turn off of Highway 40 at 46000 West and go south down that road past a couple of houses and then there is a gate with No Trespassing signs, do we know who has control over that and might be able to gate that and cause a problem. Mr. Brandow stated that when he purchased the property that Susan Hamilton stated that it was a county road all the way in. Mr. Hyde stated that it doesn’t appear on any of the county road maps. Jerry Allred stated that it has been there for many years and there has been gravel brought in to improve it. Chairman Sweat stated that that was all private. Chairman Sweat stated that he would agree with Commissioner Rather that it is a Class B road that just gives access and things but I seriously doubt that it is 66 feet wide. Mr. Allred stated that he thought that it was just 55 feet wide.

Chairman Sweat stated he had a second question in regards to 3 of the lots and being able to pass the sanitation requirements and being able to build on those lots. I have heard or read that you would make good on those lots so that they are buildable whether you need to haul in dirt or whatever is needed. Mr. Brandow stated that when he bought the property from the previous owner that perc tests had passed on all five lots. When we bought we did a perc test on four of the five lots. We do have access to a gravel pit so we will be able to haul it in for a good leach line and septic system.

Mr. Brandow stated it is our intent to put a 4-foot white rail fence on the front of all these lots and have a pad already put in and have the perc tests and leech lines approved. This would of course increase the value of each lot and it states in our CC&R’s we have stipulated that the building needs to be initiated within 1 year of purchase and we also want someone that is going to build and it and not just for an investment.

Commissioner Peatross moved that the Planning Commission recommend to the County Commission the approval of the amended plat subject to the following conditions:

1. Prior to recordation of the amended plat, the owner shall provide a water source to the five lots either by a mainline extension with the Fruitland Special Service District’s approval or by private wells with state water rights or post a bond for such improvements.
2. Prior to recordation of the amended plat, the owner shall provide road improvements to the five lots acceptable to the County Road Supervisor or post a bond for such improvements.

Commissioner Rather seconded the motion and it passed unanimously.

Minutes: Approval of the October 5, 2005 minutes
Commissioner Barneck moved to approve the minutes of the October 5th Planning Commission Meeting.
Commissioner Fabrizio seconded the motion and it passed unanimously.

Commission Comments and Staff Reports:
Mr. Hyde stated to the commission that there would be a seminar in Vernal on November 17th and anyone interested needs to let him know, so that he can get them registered. Commissioners Barneck, Fabrizio, Rather, and Sweat were all interested.

Mr. Hyde stated that the County Commission has approved the Zoning and Subdivision Ordinance amendments. Copies will be made and will be provided to you along with realtors, appraisers, surveyors, etc.

Commissioner Rather asked in regards to the road improvements what did they decide. Mr. Hyde stated it was decided that the road improvements in commercial zones and the R-½ zones where you have city water and sewer would require curb, gutter and paving. Then the County Commission decided in the industrial zones and R-1 acre zones require paving and in the larger lot size zones (R-2-½ and A-5 acre zones) paving would be required unless the Planning Commission and the County Commissioners agreed to grant a variance.

Commissioner Barneck asked if any of the fire protection was finalized in the subdivision ordinance. Mr. Hyde stated that they are still working on that. The County Commissioners had a meeting on October 24th with all of the water providers in the county and based on that they would put together a separate ordinance amendment that will deal solely with fire protection. At that time it will come back through the planning commission once it has been prepared.

Mr. Hyde stated that he has been doing some research on other county’s fire protection laws and some demand that they have fire hydrants every 500 feet, 700 feet or 1000 feet no exceptions and then some county’s look at the landscape of the area being developed.

In the discussion it was brought out that if the water lines were too small the lines would collapse and Mr. Hyde stated that Georg Adams indicated that the lines wouldn’t collapse when drawing water as they do not suck the water out, they let it flow in. It was discussed to put in water storage tanks where water lines were unavailable.

At the meeting the suggestion was made to get together with the water districts to know where water lines are in the county and get together with the GIS department to have them added onto the county maps. The planning commission thought that this would be a good idea. Commissioner Sweat mentioned being able to use irrigation water when fighting fires during the irrigation season.

Adjournment:
Commissioner Barneck moved to adjourn the meeting at 6:40 p.m.  Commissioner Fabrizio seconded the motion and it passed unanimously.

 


 

Planning & Community
Development Department

734 North Center Street
P.O. Box 317
Duchesne, Utah 84021
(435) 738-1151
mhyde@co.duchesne.ut.us

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