Planning & Zoning
Commission

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 3, 2004 - 5:00 p.m.

In Attendance were:

Michael Barneck, Planning Commission Chairman
Dean Brough, Planning Commission,
Leon Sweat, Planning Commission
Thomas Rather, Planning Commission
Chris Peatross, Planning Commission
Shelly Fabrizio, Planning Commission
Ann Bills, Planning Commission
Mike Hyde, Community Development Administrator
Laraine Dickinson, Planning Secretary
Roland Uresk, Deputy County Attorney

Visitors:	Agenda Item:
Lee Giles....................	Lee Giles Subdivision
Leslie Woods.............	Conditional Use Permit
Linda Kelsey..............	Conditional Use Permit
Clancy Butler..............	Silver Moon Ranch, Phase 1
Eileen Anderson..........	Silver Moon Ranch, Phase 1
Leon Moon................	Silver Moon Ranch, Phase 1
Jay Abbott..................	Silver Moon Ranch, Phase 1

Chairman Barneck called the meeting to order at 5:00 p.m. and explained the rules of procedure.

Subdivisions:
Lee Giles Subdivision, Preliminary Plat, approval for a 5-lot subdivision, Section 11, T1S, R8W, northeast of Hanna.

Chairman Barneck asked for the staff report.

Mr. Hyde distributed photos of the area where the property is located. The site consists of 12.5 acres and each lot would be approximately 2.5-acres. To get to the property you would enter off of Highway 35 at 7000 N and proceed north at 40250 West. The Road Department has agreed to issue one access per lot. A letter from Tri County Health Department was received on 10-18-04 with their approval and a letter from Hanna Water and Sewer on 7-20-04 stating they would provide the water.

Chairman Barneck asked for testimony from the applicant first, any in favor next, and any opposed last.

Mr. Lee Giles, the applicant, stated that Mr. Hyde had pretty much presented everything that need be. Mr. Giles states that Lloyd Roberts has already developed land around this area, including Roberts Roost and Snooks Subdivisions. There is a 12-inch water main that runs up there from the Hanna Water District.

Chairman Barneck asked the Commission if there were any questions or concerns.

Commissioner Shelly Fabrizio was concerned with the road entering off Highway 35 if it was a County Road, whether a Class D or B because it didn’t seem wide enough. Mr. Giles stated that he thought it was 33-feet wide and after you got up to Gerald White’s property it was 66-feet wide. It is 66 feet wide along his entire frontage.

Chairman Barneck called for any more questions or comments. As there were no further comments or questions, Commissioner Bills made a motion to adopt the findings recommended by staff and approve the preliminary plat. The motion was seconded by Commissioner Fabrizio and passed unanimously.

Lee Giles Subdivision, Final Plat, approval for a 5-lot subdivision, Section 11, T1S, R8W, northeast of Hanna.
Chairman Barneck stated we also have a Final Plat request here for approval. Mr. Hyde stated that everything is in order and I am asking the Commission to approve this final plat and then it will be submitted to the County Commissioners on Monday for their review.

Commissioner Brough made a motion to adopt the findings recommended by the staff and approve the final plat. The motion was seconded by Commissioner Rather and passed unanimously.

Silver Moon Ranch, Phase 1, requesting preliminary plat approval for 50-lot residential/recreational subdivision, Sections 14, 15, 21, 22, 23, 27, 28, 29, 31, 32, 33, and 34, T4S, R4W, and Sections 4 and 5, T5S, R4W, southeast of Duchesne.
Chairman Barneck requested the staff report.

Mr. Hyde states that the property is approximately 6400 acres. Phase 1 would consist of 50-lots and Phase 2 would consist of 45-lots pending sales of Phase 1. Lots sizes would range from 40-acres to 260-acres due to the lack of potable water supply in area. Property is located about 3 miles southeast of Duchesne, off of County Road #29. Roads will have to meet County standards and be maintained by County, when completed road will go from Highway 40 to Sowers Canyon Road. UDOT has been concerned with exiting and entering traffic on Highway 40, which developers have posted a bond for future cost, which has been accepted by UDOT. Also, there would be future road connections to the Northeast and Southeast, which would eventually tie into Antelope Canyon Road. Mr. Hyde also states that there is a groundwater well on Lot 42 for the purpose of outside watering only. In addition the developers have requested a Variance from the requirement that a perk test not required on every lot, but instead on every third lot. Tri-County Health responded that due to the lot sizes there shouldn’t be a problem finding a suitable wastewater site. An approval letter dated 10-18-04 from Tri-County Health requires that the lack of drinking water be added to the final plat. Mr. Hyde recommends that the Commission adopt findings in the staff report and approve the preliminary plat.

Chairman Barneck asked the developer if he had any comments or questions, and Mr. Clancy Butler stated that he did not, but would answer any questions.

Mr. Leon Moon an owner of property located in Sections 12, 13, 14, 15 and part of 16, which is north of Silver Moon Ranch, has concerns with motorcycles, 4-wheeler, etc. tearing up the terrain including property adjoining. Was concerned with the covenants that they state staying off of private property in area and also would the area be fenced. Also concerns with how they would get utilities into the area. Chairman Barneck wanting Mr. Moon the show on map where his property is located. Chairman Barneck understood Mr. Moon’s concerns and turned the discussion over to anyone else that would have comments or questions. Mr. Butler lets everyone know that the property is totally fenced and that, in their covenants there are restrictions on the property owners including a noise ordinance. And, if anyone has any concerns, that they could notify the Property Owners Association.

Mr. Jay Abbott’s concerns are with more people in the area and he owns livestock that goes through Silver Moon Ranch, concerns are that the livestock travel will be disturbed being they go through about 10-lots of the proposed property. Chairman Barneck asks Mr. Abbott if at this time are there gates and fences that you enter now. Mr. Abbott we now enter on the south end and go through proposed property and exit on the north end. Mr. Abbott was, informed by Mr. Butler that there are recorded right-of-ways on the plat indicating the livestock trails. Mr. Butler states that he is quite aware of the situation and has no problem with it.

Commissioner Ann Bills suggests that Mr. Moon get a copy of the Property Owner Association rules and covenants to clear up any questions he may have, she also stated that after Mr. Moon has read through them that he would be very impressed with the restrictions. It of course will not stop the people that are out to break-in to places.

Commissioner Bills moved to adopt the findings recommended by the staff and approve the preliminary plat. The motion was seconded by Commissioner Peatross and passed unanimously.

Silver Moon Ranch Phase 1, Final Plat, requesting final plat approval of 50-lot subdivision, Sections 14, 15, 21, 22, 23, 27, 28, 29, 31, 32, 33, and 34, T4S, R4W and Sections 4 and 5, T5S, R4W, southeast of Duchesne.
Mr. Hyde states that all requirements have been met, including a bond for 125% of the estimated road improvements, so we are recommending final plat approval, after which time we will submit it at the next County Commissioners meeting for review.

Commissioner Bills is concerned with the wastewater systems. If all lots don’t past the perk test is there alternatives for the property owners. Mr. Butler assured Commissioner Bills that if the standard septic systems were unable to be installed that there are alternative systems that may be used instead.

Commission Leon Sweat moved to adopt the findings recommended by the staff for approval of the final plat. The motion was seconded by Commissioner Rather and passed unanimously.

Conditional Use Permit:
Utah Land and Ranches, Inc. requesting surface mining and rock crushing, Section 28, T4S, R4W.
Mr. Hyde stated that the conditional use permit is so that the developers can use surface rock for improvement of the roads in the area known as Silver Moon Ranch. There will be no detrimental impact to the area. There are no residents or other improvements in the area only two Petroglyph oil wells. There have been recommendations to keep the dust to a minimum. There has also been a bond issued for $1,000-per acre from which the material is used totaling $5,000. Also, that the operation of the crushing be a minimum of 1,320 feet from city, town, or residential areas. Duchesne Mini Ranches is located to the northwest about 7,000 feet.

Commissioner Fabrizio was wondering how long the crushing operation would last. Mr. Butler stated that the rock crushing operation would only be from surface rocks and that depending on weather conditions and the amount of snow we receive, that it should only take 2-3 months.

Chairman Barneck asked if there were any more comments or questions. As there was no further discussion, Commissioner Peatross mad a motion to adopt the findings to approve the conditional use permit. The motion was seconded by Commissioner Bills and passed unanimously. Chairman Barneck stated that the Conditional Use Permit was granted, subject to the conditions listed:

1.	Applicants shall take action as necessary to prevent dust from becoming a nuisance.
2.	Applicants shall maintain their reclamation bond in effect during the course of the operations.
3.	Applicants agree to abide by the submitted reclamation plan.

Randy and Leslie Woods, requesting a Conditional Use Permit to establish a Mini-Storage Unit, Section 35, T3S, R7W, Pinion Ridge Area.
Chairman Barneck called for the staff report. Mr. Hyde passed around a couple of photos showing the area. Conditions the Woods would have to comply before attaining permit: 1) purchase additional property to bring it up to 5-acres, due to the fact that the zoning is A-5, 2) keep removal of vegetation and trees to a minimum, 3) dust control by applying gravel, 4) access permit from Road Department for access onto property from Old Highway 40, and 5) lighting at night and measures taken to keep possible glare down, as not to interfere with the residents living on the south side of the highway, 6) a locked access to facility so no late night or early morning access between 9:30 PM and 7:00 AM, and 7) no combustible materials in storage units due to fire hazards.

Commissioner Rather was inquiring about combustible material, thinking that no one is going to want to empty gas tanks on 4-wheelers, boat motors, etc. Mr. Hyde replied he was thinking about storage of large containers of gasoline, paint, propane, etc.

Mrs. Woods informed the Commission that at this time they are working with UDOT to acquire additional property to the west. Commissioner Fabrizio was inquiring whether or not they were trying to purchase the whole piece and Mrs. Woods implied that they were. Mrs. Woods stated that at this time the units would be small 10’X10’, but in the future they would like to add some larger units. Commissioner Bills wondered how close the nearest neighbor is from this property and Mrs. Woods stated that the nearest was an A-frame house that would be to the southeast and down Old Highway 40, but the exact distance was not sure.

Chairman Barneck was inquired if most storage units have 24-hour access and the reply was no. Mrs. Woods stated that when they first moved to the area that the storage unit they rented, if they needed in after hours they would need to phone to get access. Chairman Barneck seemed to think that the hours implied would need to be more flexible due to people wanting to go fishing and such by having to wait until 7:00AM, because most people fishing like to get out and on the lake before dawn. And in most cases don’t get off the lake until after dark. The Commission in general all stated that the hours imposed need to be more flexible. That the combustible material, not include 4-wheelers, boats, etc because of cement floor and metal construction of building walls and roof. Commissioner Peatross was thinking combustible would mean large quantities of such materials a gas, propane, paint, etc.

Mrs. Woods wanted to know just exactly what the road permit consisted of and Chairman Barneck informed her that it is where you would turn off of the highway, in case that there would be a need for a culvert or any other improvements made to the access of the property.

As there were no further comments or questions, Commissioner Fabrizio made the motion to approve the request under the following condition:

1.	Prior to issuance of a building permit, applicants shall demonstrate that they have acquired additional land to make a five-acre site or obtain a lot-size variance from the Board of Adjustment.
2.	Applicants shall preserve as many of the existing trees as possible.
3.	Applicants shall provide a durable and dustless driving surface to serve the facility.
4.	Applicants shall obtain a road approach permit from the County Road Department and make the required access improvements.
5.	If applicants install exterior lighting, such lighting shall be housed in shielded fixtures and directed downward to reduce glare.
6.	Applicants shall structure their rental contract to prohibit the storage of flammable or hazardous materials in the facility as determined by the County Fire Marshal.
7.	Applicants agree to limit the size of business signage visible from Old Highway 40 to sixteen (16) square feet in size.

Commissioner Sweat seconded the motion and it passed unanimously.

Other Business:
Mr. Hyde states that the next meeting being December 1, 2004 would take care of business including a: 1) Conditional Use Permit in the Talmage area for Taylor Thayne, 2) Conditional Use Permit in the Cedar Ridge area for Nielsen Management Properties, and 3) Preliminary and Final Plats for Duchesne Mini Ranches Phase 2.

Minutes: None

Adjournment: Chairman Barneck moved to adjourn the meeting at 6:15 p.m. and Commissioner Fabrizio seconded that motion.