Minutes for 2002-10-08, Direct pdf link.

Each Commission meeting is recorded on CD or audio tape, which is available to the public through the County Clerk's Office.

In accordance with the requirements of Utah Code Annotated Section 52-4-7(1)(d), the County Clerk records in the minutes the names of all citizens who appear and speak at a County Commission meeting and the substance "in brief" of their comments. Such statements may include opinion or purported facts. The County does not verify the accuracy or truth of any statement but includes it as part of the record pursuant to state law.

Commissioners Present: Chair Glen H. Burton, Commissioner Camille T. Cain and Commissioner Kenneth A. Bischoff.

Others Present: David C. Wilson, Deputy County Attorney, Alan McEwan, Comptroller. Fatima Blackford, Administrative Assistant, Clerk/Auditor's Office, took minutes.

1. Welcome by Chair Burton.
   
   
2. Pledge of Allegiance was conducted by Patty Burton.
   
   
3. Thought of the Day was offered by Commissioner Bischoff.
   
   
4. Consent Items:
   
   
   1. Purchase Orders in the amount of $110,018.50.
   2. Warrants #168018 - #168279 in the amount of $809,118.46, less warrant #168021 ($7,786.15).
   3. Minutes of meetings held on September 24, 2002 and October 1, 2002.
   
   
   Commissioner Bischoff moved to approve the consent items, less warrant #168021 ($7,786.15); Commissioner Cain seconded, all voting aye.
   
   
5. Non-Action Items: None.
   
   
6. Action Items:
   
   
   1. Request to Set Public Hearing Date of November 12, 2002 at 4:30 p.m. for Public Input and Possible Action for the West Central Weber General Plan
      
      Craig Barker, County Planning Department Director, explained that this public hearing was to review and take action on the proposed revisions to the West Central Weber General Plan for the unincorporated areas of the county. This includes four township areas: West Weber, Reese, Warren and the Weber County Township Planning Commissions. This plan was completed in July/August 2002. The Planning Commissions held public hearings and subsequently made recommendations to the County Commission.
      
      The requested date for the public hearing was a conflict with the UAC Annual Convention which the commissioners will be attending and this item will be presented for action next week after a date can be confirmed.
      
      
   2. Agreement with the Forest Service Between Weber County and the Wasatch-Cache National Forest for Placement of a Communications Tower
      This item was held.
   
   
7. Public Hearing
   
   
   Commissioner Cain moved to adjourn the public meeting and convene the public hearing; Commissioner Bischoff seconded, all voting aye.
   
   
   1. Public Hearing on a Rezoning Request by Tom Hayes to Rezone Property at Approximately 3300 North Wolf Creek Drive from Agricultural AV-3 to Residential RE-15 and Open Space 0-1 for a Master Planned Subdivision
      
      Jim Gentry, County Planning Department, showed area maps and the proposed rezoning plan for Sun Valley Meadows Subdivision which was to be completed in seven phases. Tom Hayes, a principal owner, has contracted with Lynn Rindlisbacher, to develop this subdivision. Mr. Hayes is proposing to rezone 174 acres to RE-15 and O-1 zones. There would be approximately 100 acres zoned in the Open Space, about 60 acres zoned RE-15 for single family dwellings, and about 14 acres for roads. Mr. Gentry stated that the original submitted proposal included a golf course but this developer had no intention of developing one at this time but wished to leave the land as natural Open Space. However, the developer is in negotiations with Wolf Creek resort, which was looking into possibly putting in a 9-hole golf course in the Open Space area on the east side of Wolf Creek Drive. This development was designed around the area to allow the possible construction of the golf course.
      
      Mr. Gentry stated that the Weber County Township Planning Commission recommended approval to the County Commission but a couple of issues had come forth at that meeting. One was whether there would be sufficient secondary water to serve these lots. Mr. Gentry said there was a letter from the Eden Water Works Co. stating that water was available for this proposed development with the stipulation that all of the Eden Water Works' requirements be met and verified by a member of their Board. The main criteria to be met is that the development have secondary water. Mr. Gentry said that the Eden Valley Land LLC, represented by Tom Hayes, has 42 secondary water shares which would irrigate 42 acres of agricultural land. Mr. Gentry indicated that Wolf Creek Irrigation was looking into possibly changing some of their by-laws for subdivisions and cluster subdivisions. Additionally, that Wolf Creek had stated they could serve some lots if needed. Another issue related to the connecting road to Wolf Creek through Moose Hollow, that would eventually connect to Wolf Creek Drive. It was proposed to be done in the last phase and the Planning Commission felt this connecting road to Wolf Creek Drive should be built during an earlier phase to provide a second access to the lots. Currently, the Elkhorn Subdivision and Highlands at Wolf Creek are served by one road. He stated that in the meeting the developer indicated his willingness to construct that road in the third or fourth phase. Mr. Gentry said that a statement to this effect could be entered in a zoning development agreement that the petitioner would sign.
      
      Chair Burton asked what was the buildout number for Elkhorn Subdivision. Mr. Gentry believed that Trappers Ridge had about 136 units and Elkhorn had about 100 single family units. Commissioner Bischoff asked if the Open Space would remain in the same area. Mr. Gentry replied it had been reconfigured somewhat. The density remained the same and the number of acres remained the same but there was a new proposed road connecting to the south property line that could serve development further to the south. Mr. Gentry explained that the reason for rezoning was that if it took a long time to develop this property, the petitioner would not need to keep doing a phase each year and that under the O-1 zone a golf course was allowed as a permitted use. Chair Burton asked for further clarification on water issues and the time frame for this development. Mr. Gentry indicated that the petitioner was not going to irrigate the Open Space, which consisted of about 100 acres. In density development, one share will irrigate one acre. Mr. Gentry stated that the petitioner had 10 years to complete all seven phases.
      
      Lynn Rindlisbacher, petitioner, stated that Mr. Gentry had outlined the item thoroughly. He added that they were trying to tie this Master Plan with the Open Space and staying with 106 units and simply trying to separate the Open Space from the subdivision Mr. Rindlisbacher indicated he had spoken with his engineer who felt very confident that the infrastructure would function properly. Commissioner Cain asked about the 10 year time frame for this development. Most of the county's development agreements are 2-year agreements with extensions allowed. David Wilson, Deputy County Attorney, stated that this time frame was part of the county's negotiations in the settlement of the lawsuit and part of the compromise for both parties. He explained that the petitioner's application had been filed timely, however, the Planning Department had determined that it was not complete and the County Attorney's Office agreed with that assessment at the time. The petitioner filed a lawsuit. After some long term negotiations, it was decided and recommended by the County Attorney's Office, to settle this in lieu of going to trial on the matter. Litigation was fairly expensive to the county and it was felt that the approved density of 1 unit per 1.5 acres helped to preserve to some extent the intent of the County Commission of going to the 3 acres and still taking into consideration the developer's position that he had filed the application timely and was entitled to the 1 unit per 1 acre. Mr. Wilson reiterated that if the project was not completed in its entirety within the 10-year time limit the property would revert to the 3 acre provision. Mr. Wilson said that this time limit had been set by the county to lock in a time frame to complete the project as opposed to granting the carte blanche the petitioner had requested in the lawsuit. Chair Burton invited public comments and none were offered. He abstained from voting on this issue explaining that his wife worked for the same company as Mr. Hayes.
      
      
   2. Commissioner Bischoff moved to adjourn the public hearing and reconvene the public meeting; Commissioner Cain seconded, all voting aye.
      
      
   3. Action on Public Hearing
   
   G.2. - Public Hearing - Request by Tom Hayes to Rezone 3300 N. Wolf Creek Dr. from AV-3 & Open Space o-1 for a Master Planned Subdivision - Ordinance 2002-22
   
   
   Commissioner Bischoff moved to adopt Ordinance 2002-22 rezoning property at approximately 3300 North Wolf Creek Drive from Agricultural AV-3 to Residential RE-15 and Open Space O-1 for a Master Planned subdivision; Commissioner Cain seconded.
   
   Roll Call Vote
   Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
   Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
   Chair Burton . . . . . . . . . . . . . . . . . . . . . . . .abstained
   
   
8. Assign Pledge of Allegiance and Thought of the Day for Tuesday, October 15, 2002 at 2:00 p.m.
   
   
9. Public Comments
   There were none.
   
   
10. Adjourn
    Commissioner Cain moved to adjourn at 4:55 p.m.; Commissioner Bischoff seconded, all voting aye.

GLEN H. BURTON, CHAIR
WEBER COUNTY COMMISSION

LINDA G. LUNCEFORD, CPO
WEBER COUNTY CLERK/AUDITOR