UTAH COUNTY PLANNING COMMISSION. Minutes of the April 20, 1999 meeting. PRESENT: Jill Taylor, Chair ABSENT: Bill Isham, Member

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1 UTAH COUNTY PLANNING COMMISSION Minutes of the meeting PRESENT: Jill Taylor, Chair ABSENT: Bill Isham, Member Brent Gordon, Member Jeff Brady, Member Bill Ferguson, Member Dean Miner, Member Steve White, Member Dan Powell, Alternate Gary Aitken, Alternate Jeff Mendenhall, Director of Community Development David Shawcroft, Deputy County Attorney Shirley Englund, Secretary OTHERS PRESENT: Natalie Marler, Community Development; Tom Wroe, County Fire Marshall; Benjamin Thomson, Earl Thomsen, Craig LaMont, Jan Rogers, Marian Seeley, Susan Ta ala, Kathie Mower, Barbara Bingham, Joe Bingham, Stan Roberts, Craig Carlile, Kenny Seng, Brent Sumsion, Arjan Ram, Karen Napier, Jenae Parker, Kent Hoggan, Myron Child, Boyd Summerhays, Anis Summerhays, David Wilson, Verlyn Shumway, Sherryl Fowers Jill Taylor, Chair of the Utah County Planning Commission, called the meeting to order at 6:00 p.m. in Room 1400 of the Utah County Administration Building, 100 E Center Street, Provo, Utah. The following is an account of that proceeding: APPROVAL OF MINUTES - March 16, 1999 Motion: Brent Gordon Second: Steve White That the minutes of the March 16, 1999 meeting of the Planning Commission be approved as presented. The motion passed by a unanimous vote. LINDSTROM SUBDIVISION, PLAT B - Four lot subdivision in the RA-5 zone, Section 6, T9S, R2E, Payson City area (continued from the March 16, 1999 meeting) Page 1 of 9

2 That the matter be continued to the May meeting. The motion passed by a unanimous vote. SUMMERHAYS SUBDIVISION, PLAT A - Three lot subdivision in the RA-5 zone, Section 16, T8S, R2E, Lake Shore Jeff Mendenhall explained that this request was continued from the March 16, 1999 meeting to allow for some issues of concern to be resolved. The two remaining outstanding items are the access approval from UDOT and a letter from the irrigation company. Mr. Mendenhall felt that these two matters could be made a condition of approval, if that was the desire of the commission. Motion: Brent Gordon Second: Dean Miner That the Planning Commission recommend approval to the Utah County Commission based on the following conditions: 1. That the required information be provided by the irrigation company. 2. The access approval be received from UDOT. 3. That any rollback taxes be paid prior to recording, if required by the County Commission. The motion passed by a unanimous vote. WEBSTER SUBDIVISION, PLAT A - Two lot subdivision in the RA-5 zone, Section 25, T9S, R1E, West Mountain area Jeff Mendenhall explained that this matter was continued from the March 16, 1999 meeting to allow for outstanding issues to be resolved. The County Engineer has amended the power pole requirements. Mr. Webster indicated that Strawberry Waters Users had written a letter stating that they would move the poles, if necessary. The deeds of reconveyance have been resolved with the exception of an agricultural loan for the irrigation system. Mr. Webster asked that this last deed be a condition of approval. Dave Shawcroft stated that the plat could not be recorded unless there was a contemporaneous recording of reconveyance for Item #10. Page 2 of 9

3 Motion: Bill Ferguson That the Planning Commission recommend approval to the County Commission based on the findings listed in the staff report, and with the condition stated by the attorney. The motion passed by unanimous vote. GILES SUBDIVISION, PLAT A - Two lot subdivision in the RA-5 (fpo) zone, Section 5, T8S, R2E, Palmyra area Jeff Mendenhall explained that the applicant could not be present, but that everything has been submitted and all requirements met. He recommended approval with the standard requirements as listed in the staff report. Second: Bill Ferguson That the Planning Commission recommend approval to the County Commission subject to the following: 1. The survey monuments be placed prior to recording the plat or bonded for with the County Engineer. 2. That the greenbelt rollback taxes be paid prior to recording if required by the Utah County Commission. 3. That the items from the County Attorney s review letter be completed. The motion passed by unanimous vote. THE COTTAGES AT HOBBLE CREEK, PLAT A - 39 lot Mountain Home Development in the CE-2 zone, Sections 3, 4 & 10, T7S, R4E, Hobble Creek Canyon area Jeff Mendenhall explained that the Planning Commission had previously recommend disapproval of this request to the County Commission based on nine findings. The applicant has resolved some of those concerns with a redesign. Due to the extent of the redesign, the County Commission has referred the matter back to the Planning Commission for further consideration. The applicant presented a hydrologist report relative to the water requirement noting that, based on that report, the water requirement of the County should be adjusted for this unique situation. There was still concern about the crossing of the river for access to lots 2, 3, and 4. Page 3 of 9

4 Joel Bingham suggested that the Technical Review Committee s report be referred to, and that their concerns be considered in this second review of the commission. He also felt that the public had not had time to review all the documents and material that had been submitted by the applicant. Mr. Mendenhall noted that a Mountain Home Development is currently permitted in this zone, and that the question before the commission is if the applicant meets all the requirements. He explained the slope density ratio for commission and public interest. Barbara Bingham questioned whether the request could be denied on environmental issues? Both Jill Taylor and Dave Shawcroft addressed the question stating that the Zoning Ordinance is the binding document the commission will use as a guide. The General Planing is only used as a general guideline. Benko Ta ala felt that the stream issued still needed to be addressed. That the Planning Commission recommend disapproval to the County Commission based on the access to lots 2, 3, and 4 being unacceptable, and the lack of water to meet the irrigation requirements of the Mountain Home Development ordinance. Dan Powell questioned the hydrologists report and how it relates to the leaching, etc. The motion passed by a unanimous vote. MCGREGOR & LAMONT - Proposed zone text amendment to establish Residential Treatment Centers as a conditional use in the RA-5 zone of unincorporated Utah County Jeff Mendenhall explained that this matter was continued from the March 16, 1999 meeting to allow for further investigation into the state and federal guidelines for treatment centers. Staff was concerned about definition as well as the 18 criteria being too site specific. It was felt that the text should not be limited, and that the Board of the Board of Adjustment should deal with the criteria as a special exception. Further, it was felt that there should be consistency throughout the county. Dave Shawcroft stated that if the commission wants to consider something other that the proposal of the applicant, they should continue to allow for consideration of new language. He also noted that requirements should be appropriate for future possible applicants. Page 4 of 9

5 Steve White was concerned about setting unreasonable standards. He was open to the proposal being reworked and resubmitted at a later date. Craig LaMont and Mark McGregor spoke in support of making changes that would help the treatment centers as well as the county to better define the youth group homes. They were generally in support of most of the staff recommendation. However, they felt that the proposal of two structures on one parcel should be considered, as well as allowing each structure to house up to 15 youth. Jill Taylor suggested the matter be continued to allow for the applicant and staff to work togther to readdress some of the language and standards. She was concerned that, at present, it looked as though it was only limited to one facility. That the matter be continued as proposed. The motion carried with a 6-1 vote with Dean Miner voting in opposition based on his disappointment in the progress that had been made since the last meeting. UTAH NATIONAL PARKS COUNCIL, BSA - Proposed zone text amendment to Section 3-10-A to eliminate the required paved access driveways for an approved campground Jeff Mendenhall explained that staff had a few concerns that would have to be mitigated before they could recommend approval. Jill Taylor felt that lessening the access requirements was not in the best interest of the county. Stan Roberts represented the Boy Scouts stating that they would only be using the campground for a month or two each year, and that paving the road would cause a financial hardship. He felt that the BSA Council would be agreeable to the alternative wording that would allow non-paved access roads. Bill Ferguson stated that, although it was hard to turn down the Boy Scouts, he felt the county needed to stick to the requirements of the Zoning Ordinance, and that the county had made good progress by doing so. He recommended denial. Buck Rose explained that there are two campground requirements in the Zoning Ordinance. However, the road requirements in both are the same. Motion: Bill Ferguson Second: Dean Miner Page 5 of 9

6 That the Planning Commission recommend denial to the County Commission. The motion passed by a 5-2 vote with Steve White and Brent Gordon voting in opposition. THE CHAIR CHOSE TO ADDRESS THE REQUEST FOR AGRICULTURE PROTECTION AREA NEXT PAUL & MARY SABIN - Agriculture Protection Area, Section 13, T9S, R2E, Salem City area, acres Jeff Mendenhall explained that the staff report has been amended to show this area to be 54 acres in the Salem City area. He recommended approval noting that he had received no objections to the request. Second: Bill Ferguson That the Planning Commission recommend to the County Commission approval of the request by Paul and Mary Sabin for an Agriculture Protection area. The motion passed by a unanimous vote. PLANNING COMMISSION - Review a proposed ordinance revising the Utah County Code to add a new chapter on grading requirements and amending the provisions of the Utah County Zoning Ordinance on gravel pits, mining sites, rock crushers, mineral processing, and asphalt and concrete batch plants Jill Taylor explained that the task force recently created by the Planning Commission for the purpose of reviewing the proposed gravel operation ordinance and collecting vital information relative to the mining industry has been doing an excellent job. They have held 6-8 noon meetings. She felt more time was needed, but brought this matter back to the commission to report on their progress and receive direction. She felt the standards needed more work, proposed the Planning Commission and task force meeting to resolve some of the issues. A field trip to some of the gravel pits was also proposed. Buck Rose explained some of the background of the preliminary draft ordinance and the concept behind it; namely, the philosophy of the reclamation plan relative to the future use of the property. It was his feeling that if that portion of the ordinance was changed, it would compromise the ordinance as a whole as reclamation was the core concept of the proposed change. It was the feeling of the task force and the Planning Commission generally, that the ordinance was to restrictive. Page 6 of 9

7 Mike Long indicated there were a number of issues he would like addressed. Representing S.A.F.E., he stated that they are not in favor of shutting down the gravel industry. However, he felt the task force had more work to do. Craig Carlile, representing Valley Asphalt, also agreed that the ordinance needed more work. He did not agree that the ordinance could not be modified relative to reclamation requirements. Steve White requested a map that overlays gravel pits with the zoning map. Dan Powell suggested different standards for different zones. David Wilson, representing the Citizens of South County and a member of the task force, agreed with continuing the task force meetings. He felt that a field trip would be very helpful for the committee. Bill Ferguson felt that the Planning Commission should get involved when the task force had something concrete for them to review. Motion: Bill Ferguson Second: Steve White That the matter be continued without date to allow for the task force to continue to meet, and to consider changes to the proposed ordinance. The motion passed by a unanimous vote. The next meeting of the task force was scheduled for 5:00 p.m. on April 28, in Room #2300 of the County Administration Building. A tentative field trip to some of the gravel pits was set for May 1. That date will be considered and confirmed at the April 28 meeting. EAGLE MEADOWS, L.L.C. - Proposed General Plan amendment from the Greenbelt area designation to the Rural Residential area designation; and zone map amendment from the RA-5 zone to the RR-5 zone, Sections 16 17, 20, 21 & 29,T6S, R2W, Cedar Valley area Second: Dean Miner That the public hearing portion of the meeting be opened. The motion passed by a unanimous vote. Jeff Mendenhall explained that the applicant is proposing an amendment that would allow parcel sizes to be reduced down to 8,000 square foot lots, which would provide homes for lower income families that can not afford to purchase 5 acre lots for their homes. Page 7 of 9

8 Myron Child stated that currently there is a petition before Eagle Mountain for annexation. He recommended a Special Improvement District that would provide services. Kent Hogan, the developer, explained the need for a development that would serve the needs of lower income families. He felt that high density with open spaces would satisfy a real need in this area. He noted that currently the impact fees for Eagle Mountain are $11,000 per lot. This makes it very expensive to building. Bill Ferguson stated that the Planning Commission has never considered approval of a change when an annexation was pending. Second: Dean Miner That the public hearing be closed. The motion passed by unanimous vote. Motion: Dean Miner That the Planning Commission recommend approval to the County Commission in order to help meet the needs in Utah County. The motion died for lack of a second. Second: Bill Ferguson That the Planning Commission recommend disapproval to the County Commission based on the fact that they have a pending annexation to Eagle Mountain. The motion passed by a 6-1 vote with Dean Miner voting in opposition. OERATING ENGINEERS, JAC - Proposed zone text amendment to Section 5-2-C-8 to allow the facilities and structures for training of construction equipment operators as part of an approved gravel pit orientation in the RA-5 zone Jeff Mendenhall explained that this matter has been referred back to the Planning Commission by the County Commission because there is a significant change in the original wording relative to training and a classroom. The new wording allows for a new paragraph 18" under the conditional use and requires it to go before the Board of Adjustment. Bill Ferguson felt that approval would support public safety and welfare. Mr. Shumway, representing the applicant, explained that the gravel operations they have contracts with for training do not allow for training facilities on their sites and the only site available is within the RA-5 zone. Page 8 of 9

9 Tom Wroe stated that if the classroom was over 600 square feet it would have to meet all fire flow requirements. The applicant did not see this as a problem. Motion: Dean Miner That the Planning Commission recommend approval to the County Commission. The motion passed by a unanimous vote. MOTION TO ADJOURN That the meeting be adjourned. The meeting adjourned at 9:45 p.m. Minutes respectfully submitted by: Shirley R. Englund, Secretary MINUTES APPROVED BY: Jill Taylor, Chair Page 9 of 9