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
December 7, 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
Mike Hyde, Community Development Administrator
Laraine Dickinson, Planning Secretary
| Visitors: |
Agenda
Item: |
| Wayne Garner |
Roger
Marett Subdivision |
| Terry & Marilyn
Despain |
Roger
Marett Subdivision |
| Roger Marett |
Roger
Marett Subdivision |
| Ryan & Lisa Allred
|
Roger
Marett Subdivision |
| Zach Garner |
Roger
Marett Subdivision |
| Rodney Swasey |
Roger
Marett Subdivision |
| |
|
Chairman Sweat called the
meeting to order at 5:00 P.M.
PUBLIC HEARINGS:
Roger Marett requesting preliminary and final plat approval for
the Roger Marett Subdivision consisting of 5 lots located on
7.84 acres of land in Section 34, Township 3 South, Range 4
West, U.S.B.& M., approximately 4 miles east of Duchesne City on
old Highway 40.
Mr. Hyde stated that Mr.
Marett is proposing a residential subdivision on 7.84 acres
consisting of 5 lots, ranging in size from 1.01 to 3.8 acres.
Mr. Marett has also mentioned that there may be a second phase,
which would be located directly south. Mr. Hyde stated that
there are pictures showing you the lay of the land.
Mr. Hyde stated that approval
from Tri-County Health Department had been received. East
Duchesne Water is available. Also the applicant has reached an
agreement with the fire department regarding fire protection.
The water district has indicated that they don’t have adequate
capacity to have a fire hydrant installed but the Fire
Department is allowing this proposal to proceed at this time
providing there is an agreement that when East Duchesne Water
District upgrades their lines in this area that there will be a
hydrant placed for fire protection. It would be a recorded
agreement so future buyers would know that this is one of the
conditions.
Mr. Hyde stated another
proposed condition of approval would be in regards to access.
The road department has reviewed this and due to high traffic
speed along this highway (it is posted at 50 MPH) it has been
suggested that lots 3 and 4 access their property by way of the
easement separating the two lots. Mr. Hyde stated that this
would eliminate one driveway.
Chairman Sweat asked for any
questions or comments.
Roger Marett stated the only
things he wanted to address was the 66 foot right-of-way that I
reserved for a future phase which was a recommendation of the
surveyor but I don’t like the idea that you are forcing lots 3
and 4 to use that access. And I don’t have any plans of
developing Phase 2 anytime in the near future so I have no plans
of doing anything with that right-of-way. Mr. Marett asked that
the Road Department reconsider and let lots 3 and 4 have their
access to the main highway instead of just giving them an access
to the right-of-way, which would only exist if and when I decide
to develop Phase 2.
Commissioner Peatross asked
in regards to the issue of the fire hydrant, what kind of an
agreement will there be will it be recorded or will it just be a
verbal agreement because if you sell all the lots then you would
no longer be responsible. Both Mr. Marett and Mr. Hyde stated
that it would be a recorded agreement and as soon as the water
lines would be improved then a fire hydrant would be installed.
Chairman Sweat asked if the
Commission had read through the CC & R’s. Mr. Hyde stated that
the County’s only interest is in Article 4, which deals with how
the properties appearance is kept such as no storing of junk
vehicles, accumulation of outside waste or debris etc. Other
than this issue, it is up to the developer as to what is in
their CC & R’s.
Ryan Allred stated that he
was in agreement with Mr. Marett on the access issues involving
lots 3 and 4 to use the easement and not being able to access
from Old Highway 40. Mr. Allred stated that without any
ordinances in place at this time, he didn’t see how the county
would be able to force these two lots to use the easement for
access. Mr. Allred stated that with all health department and
subdivision requirements met why there is such an issue with
access to Old Highway 40. Mr. Allred stated in his conversation
with Forrest Bird (Road Department Supervisor) that there wasn’t
a problem with lots 3 and 4 having their own accesses onto Old
Highway 40, but also stated that the commission would need to
take this up with Mr. Bird. Mr. Hyde stated that Mr. Bird and he
may have had the discussion on access management after Mr.
Allred spoke with Mr. Bird.
Rodney Swasey stated he owns
the property just to the east of the proposed subdivision and
felt that he had been blind-sided by this project whereas there
is already a home under construction. Mr. Swasey’s main concern
is with the east fence line and he would like to see a fence put
up and maintained so that there won’t be a conflict between cows
and people. Mr. Hyde asked Mr. Swasey if there was a fence along
that east side now and Mr. Swasey stated yes, such as it is.
Chairman Sweat asked who maintains the fence now and Mr. Swasey
stated that both he and Mr. Marett did. Mr. Swasey stated that
the fence was a barbed and net fencing. Mr. Hyde stated that the
subdivision ordinance does include the requirement that the
Planning Commission can require that fencing be a condition that
needs to be met to divide residential and agricultural land. Mr.
Hyde recommended that Mr. Swasey and Mr. Marett get together to
discuss this matter and what can be done. Chairman Sweat asked
Mr. Hyde about the requirements regarding fencing. Mr. Hyde
quoted the following from the ordinance. “Fencing of
Subdivisions. A fencing of material acceptable to the Planning
Commission shall be installed to a height acceptable to the
Planning Commission, along all boundaries with the properties
adjacent to the subdivision where adjacent uses are found to be
noncompatible by the Planning Commission.” Mr. Marett stated
that there is only 200 feet between the subdivision and the
Swasey’s property. Mr. Hyde stated that it only involves Phase 1
but if Phase 2 happens then there would be more fencing that
would need to be upgraded.
The Commission discussed the
access issue and determined that since the county does not have
an access control ordinance and since only one driveway would be
saved, that the proposed condition to restrict access was not
necessary. The Commission also felt that Mr. Marett and Mr.
Swasey could work out the fencing issue between them without a
condition of approval being imposed.
Commissioner Fabrizio moved
that the Planning Commission adopt the Findings of Fact and
Conclusions set forth in this Staff Report and approve the
preliminary plat of the Roger Marett subdivision, subject to the
following condition:
|
1. |
The developers
and their heirs and assigns agree to provide fire
hydrants to serve the subdivision at locations
approved by the County Fire Protection Authority
after upgrading of water lines in the area by the
East Duchesne Culinary Water Improvement District.
Such agreement shall be recorded in the county deed
records along with the final plat. |
Commissioner Barneck seconded
the motion and it passed unanimously.
Chairman Sweat stated next
discussion is in regards to the Final Plat of the Roger Marett
Subdivision.
Mr. Hyde stated that
everything regarding the final plat was in order and that the
same considerations regarding the preliminary plat would need to
apply to the final plat.
Commissioner Peatross moved
that the Planning Commission approve the final plat with the
same recommendation as for the preliminary plat. Commissioner
Barneck seconded the motion and it passed unanimously.
Seven 96 Partners LLC
requesting final plat approval for the Fruitland Ranchettes
Subdivision, consisting of 4 lots on 22.96 acres of land in
Section 18, Township 3 South, Range 8 West, abutting the
Fruitland Fire Station on 45000 West.
Chairman Sweat asked if
anyone from Seven 96 Partners LLC was present to represent them.
No one was so Chairman Sweat turned the discussion over to Mr.
Hyde.Mr. Hyde stated the Fruitland Ranchettes Subdivision had
received preliminary plat approval on July 7, 2004 it had 5 lots
with 4 of them being residential and lot 5 being commercial.
However they were unable to obtain access from Highway 40 to lot
5. UDOT stated that they would have to get a joint access from
Blue/Carr who own the property on the corner and they were
unable to reach an agreement. So on the final plat it shows lot
5 being combined with lot 4 making it a little larger.
Mr. Hyde stated in this case
they didn’t do the preliminary and final plat at the same time.
Instead of posting a bond for the road and water line to be put
in they got preliminary approval and then built the improvements
and then came back for the final plat. The only issue we have,
is that the cul-de-sac bulb at the end was not developed to the
width requirements (it should be 100 feet wide and when Mr. Bird
went out to inspect the bulb, it was less than what is
required.) So either they need to improve that or post a bond
for the improvements before they can get the final plat signed
and recorded. Mr. Hyde stated that the preliminary plat was
approved under the old code, a fire hydrant is not required but
the property does abut the fire department property (where a
hydrant exists). Also it is not a requirement to have the road
paved.
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 the Fruitland
Ranchettes Subdivision, subject to the following condition:
|
1. |
Prior to
recordation of the final plat, the cul de sac bulb
shall either be widened to the required width of 100
feet or a bond posted to guarantee such improvement. |
Commissioner Fabrizio
seconded the motion and it passed unanimously.
Minutes: Approval of the
November 2, 2005 minutes
Commissioner Barneck motioned to approve the minutes of
November 2, 2005 as written. Commissioner Mobley seconded the
motion and it passed unanimously.
Commission Comments and
Staff Reports:
Chairman Sweat reviewed the proposed 2006 meeting dates
which would still be the 1st Wednesday of every month at 5:00
P.M. Chairman Sweat stated that the only problem he could see
would be with the July 5th meeting if any one from the
commission would be out of town due to the Holiday. No one
seemed to have a problem being it was in the middle of week.
Commissioner Rather motioned
to approve the proposed meeting dates. Commissioner Mobley
seconded the motion and it passed unanimously.
Mr. Hyde stated the possible
agenda for January’s meeting would be the rezone on Ioka Lane
from Industrial back to Residential/Agricultural also Bob West
with Phase 2 of Stonegate Subdivision and Scott Danley
Subdivision.
Adjournment:
Commissioner Barneck motioned to adjourn the meeting at 5:48
P.M. Chairman Sweat seconded the motion and it passed
unanimously.
