Minutes for 2005-02-08, 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: Kenneth A. Bischoff, Chair, Craig L. Dearden, and Camille T. Cain.

Others Present: Linda G. Lunceford, Clerk/Auditor; David C. Wilson, Deputy County Attorney; and Fátima Blackford, Clerk/Auditor's Office, who took minutes.

A. Welcome by Commissioner Bischoff
B. Pledge of Allegiance was conducted by Fátima Blackford
C. Thought of the Day was offered by Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $422,366.20
2. Warrants #198082 - #198285 in the amount of $1,263,984.74
3. Minutes for the regular Commission Meeting held February 1, 2005
4. New Business License Applications
5. Recission of the Weber County County-wide policy and procedure on Weber Center Skybridge
Commissioner Dearden moved to approve the consent items; Commissioner Cain seconded, all voting aye.

E. Action Items:

1. Approval of Tax Review Committee's recommendation to remove 2002 & 2003 tax charges from tax rolls & refund 2004 taxes paid on land serial number 11-315-0017 in the amount of $188.00

Roger Brunker, County Recorder's Office, stated that the dedication plat for Harrisville Hollow Subdivision Phase 2 Amended had included a notation to transfer the title of Parcel A–a detention pond, LSN 11-315-0017–to Harrisville City. All other lots were to be put in the name of Mountain View Title. However, the notation was overlooked and the detention pond was also transferred to Mountain View Title, and mistakenly placed on the county tax rolls. The Tax Review Committee recommended unanimously removing the 2002 and 2003 taxes from the tax rolls and refunding $188.00 paid for the 2004 taxes.
Commissioner Cain moved to approve the Tax Review Committee's recommendation to remove the 2002 and 2003 tax charges from tax rolls and refund 2004 taxes paid on land serial number 11-315-0017 in the amount of $188.00; Commissioner Dearden seconded, all voting aye.

2. Final approval for a 2-lot subdivision known as Cloverside Acres Subdivision & Deferral of Curb, Gutter, Sidewalk and Storm Drain Piping at 4750 W. 3300 S.

Jim Gentry, County Planning Department, presented the property owner's request for final subdivision approval that included deferral of curb, gutter, sidewalk and storm drain piping at 4750 W. 3300 S. This subdivision is not within 1 ½ mile radius of a school and the students are bussed. The Western Township Planning Commission voted unanimously to recommend final approval with deferral of curb, gutter, sidewalk and storm drain piping.
Commissioner Dearden moved to grant final approval for a two-lot subdivision known as Cloverside Acres Subdivision and deferral of curb, gutter, sidewalk and storm drain piping at 4750 West 3300 South; Commissioner Cain seconded, all voting aye.

3. Approval of a Lease Extension Agreement with Weber Human Services - Contract C2004-12

Gary Laird, County Operations Director, presented this request to extend the Lease Agreement with Weber Human Services (WHS)dated June 1, 2004, which provided for certain extensions to the lease. WHS leases the front of the Robertson Electric building from the county (which leases it from Dale Robertson) and desired to extend for one year, beginning January 31, 2005 through January 31, 2006. WHS uses it for substance abuse testing at the cost of $500/month or $6,000 for the year.
Commissioner Cain moved to approve Contract C2004-12, Lease Extension Agreement by and between Weber County and Weber Human Services; Commissioner Dearden seconded, all voting aye.

4. reappointing Sandra Tuck to the Weber County Board of Adjustments

Jim Gentry, County Planning Department, presented this item. Ms. Tuck's term on this Board had expired on 6/30/2004. The vacancy was advertised but no applications were received. Ms. Tuck has been an asset to the Board and is willing to serve another term, which will expire on 6/30/2009.
Commissioner Dearden moved to reappoint Sandra Tuck as a member of the Weber County Board of Adjustments; Commissioner Cain seconded, all voting aye.

F. Public Hearings:

1. Commissioner Cain moved to adjourn the public meeting and convene the public hearings; Commissioner Dearden seconded, all voting aye.

2. Public hearing on Zoning Petition #06-2002 by Daniel Favero, Paul Favero, and Edward Favero to amend zoning map by rezoning property at approximately 2200 S. 4300 W. from Agricultural A-1 to Residential Estate RE-20 - approximately 57.7 acres

Jim Gentry, County Planning Department, had received a request for a continuance of this public hearing until March 1, 2005 at 10 a.m. to give representatives of the petitioners an opportunity to meet with the petitioners. They may come back with a different proposal. David Wilson, Deputy County Attorney, suggested the Commission take input tonight and continue the public hearing so that re-advertising of the hearing would not be necessary, which costs the taxpayers money. The petitioners were not present and were not prepared to make a presentation.

Mr. Gentry said that RE-20 zoning required approximately a ½ acre lot size, but the West Central Weber County General Plan, adopted about two years ago, recommends that the lots be 40,000 sq. ft. This item was heard by the Western Township Planning Commission, which unanimously recommended that the zoning petition be denied. They did not feel the General Plan should be readdressed at this time. The proposed zoning does not conform to the General Plan.

Chair Bischoff invited public comments and following is a summary.

Shae Bitton, Taylor resident who lives on 2200 S., stated it was upsetting the petitioners wanted to postpone this hearing because the last couple of meetings had also been postponed and she had worked hard to send letters out to notify citizens. Ms. Bitton felt the County Commission had taken into consideration what the Taylor residents wanted when they approved the General Plan with one-acre minimum lots. She had done petitions and said that was what the residents still wanted, and if the commissioners were still listening to the Taylor residents, they would keep the one acre minimum lots.
Douglas Hansen of West Weber petitioned the County Commission to deny this item because it was not in compliance with the General Plan; it did not meet the idea, spirit or intent of the General Plan. He stated that the General Plan had taken a couple of years to complete and was a result of a lot of effort, work and public input. Over that time a lot of options had been presented, and the consensus of all of the western unincorporated Weber County was to have one acre lots. The General Plan has provisions for smaller lots, such as cluster housing, but overall it calls for one acre density.

Sherry Lewis, representing the Favero Partnership, explained they were asking for a continuance because they were in the process of redrawing the map so that it was in conformance with the General Plan and they were probably going to withdraw this application. They knew it was not a popular plan at this time and needed additional time.

3. Public hearing on zoning Petition #14-2003 by Capital Assets Financial Services requesting the General Plan for western part of the County be revisited to allow higher density zoning & to amend zoning map by rezoning property at approx. 3900 W. 1800 S. From Agricultural A-1 to Single Family Residential R-1-8 - approx. 77 acres

Jim Gentry, County Planning Department, showed an area map of this property. He stated that R-1-8 zoning required 8,000 sq. ft. lots, which was not in conformance with the General Plan recently completed. The Planning Commission unanimously recommended not changing the zoning in this area. Commissioner Cain asked Mr. Gentry to comment on how this item related to the moderate income housing plan recently adopted. He said that this plan had looked at several options to provide affordable housing in the western part of the county and they were considering creating an ordinance for apartments, increasing bonus densities for cluster subdivisions and P.R.U.Ds, and whether impact fees or building permit fees should be reduced for moderate income housing.

Chair Bischoff invited public comments and following is a summary.

Robert Wallace, of Taylor, stated he had attended a prior meeting when this issue had been discussed and was concerned that it could go on indefinitely if the petitioners were allowed to repeatedly come back with plans even though the people had spoken and wished to stay with one acre lots. He encouraged the commissioners to listen carefully to both sides and to refrain from repetitive meetings where the issue was brought up and modified but still was against the desire of the people. He felt strongly they could get a petition signed by a majority of the people in Taylor who opposed lots smaller than one acre.

Rick Arnold, Attorney representing Capital Assets, noted that their application had only been submitted once, in November or December 2003, and they had been waiting over one year just to be heard. They understood that going from one acre lots to 8,000 sq. ft. lots was something of a leap but would like something smaller than one acre to be considered because one acre density did not maximize the landowners' property. It would be barely possible to break even on the development. Additionally, they wanted to provide affordable housing on the west side of the county, and smaller acreage allowed for a nicer project that was more likely to be well maintained by landowners. Chair Bischoff asked if cluster housing addressed this issue and Mr. Arnold said they had reviewed it with County Planning and would consider it.

Kevin Kent, current Chair of the Taylor Planning Committee, said that the community had been involved in the General Plan process and prior to that the Committee had taken a poll of the Taylor community and over 95% of those polled stated that their preference was to maintain one acre density. Currently, the infrastructure of the county roads and other facilities in western Weber County would have a difficult time, without a lot of expenditures, to handle a subdivision of this size at 1/5 acre lots. Even with smaller acre lots, there was no guarantee that they would be moderate income housing. He said other developers were building in the area within the one acre lot requirement and lots were selling well. The Committee encouraged this type of growth for their area.

Marian Sherrill, of West Weber, stated this was the fourth meeting she and her husband had attended and, other than the last meeting, the petitioner had not been present. She and her husband did not want five houses to an acre and supported one acre lots. Traffic was another concern. With 385 houses and every house having approximately two cars, it would cause problems for their road which was already in disrepair. Additionally, the two area elementary schools were about full to capacity, and Fremont was the only high school. Commissioner Dearden noted that the plan called for 208 homes.

Penny Allen, who has lived in Taylor for 30+ years, noted her love for the rural atmosphere and that most of the residents had animals. She stated that most people who wanted to build on a 1/4 acre lot were not really interested in the animals or the farming community that they had. She expressed concern with water problems, stating that the fields where they proposed to build had a lot of standing water. She supported the one acre lot size.

Derk Russell, of Taylor, desired to live where there were not so many neighbors and built his home 270 feet off the road. With that many homes, it would be like he was living in a subdivision, which was not what he wanted, and others felt the same way. He said that most people there wanted one acre lots.

Mr. Arnold said that there had been a lot of talk about the General Plan and his client was sensitive to it. He noted that the General Plan was a guideline and was advisory. Comments regarding a subdivision or infrastructure, although relevant, were not part of a rezoning decision, and other issues such as water and wetlands that came up during the subdivision phase would have to be addressed before the process could move forward. They were not proposing a moderate income housing subdivision, but rather a more affordable neighborhood. Although the bulk of the lots on the proposal were 8,000 sq. ft., there were other lot sizes, and it was appropriate that every neighborhood have a mix as well as some moderate/affordable income housing. Mr. Arnold said that the application had been submitted about 14 months ago and he had appeared before the Planning Commissions. Since then, they had only received notice of two meetings–the one before the Planning Commission, which they attended, and tonight's meeting. He apologized to the public that had appeared at the meetings that the petitioners had not received notice of, and he noted that the county should make sure those notices were getting out.

Commissioner Cain asked where Capital Assets was located and whether they intended to subdivide and sell lots or sell to a developer once subdivision was approved. Mr. Arnold said they were located in Murray and his clients were not developers, but money lenders/financiers and their goal was probably to get the subdivision platted and then to sell it to a developer.

4. Commissioner Cain moved to adjourn the public hearings and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.

5. Action on public hearings:

a) Zoning Petition #06-2002 - to amend zoning map by rezoning property at approximately 2200 S. 4300 W. from Agricultural A-1 to Residential Estate RE-20
Commissioner Cain expressed concern with holding the public hearing in a morning meeting. Different dates and times were discussed. Ms. Lewis wished for the continuation hearing to be held in one month. Mr. Wilson asked what was the process to follow for this item. Mr. Gentry indicated that if the petitioner withdrew this zoning petition and submitted a cluster subdivision or some other design, County Planning staff would meet with them and review their concept plan for ordinance compliance. If it appeared to meet the requirements, the item would be scheduled for the Planning Commission for preliminary approval. If it did not comply with the county ordinance, it could not be taken to the Planning Commission and a petition to change the ordinance would have to be submitted.
Commissioner Dearden moved to continue the public hearing to March 1, 2005 at 6 p.m. on Zoning Petition #06-2002 by Daniel Favero, Paul Favero, and Edward Favero to amend the zoning map by rezoning property at approximately 2200 S. 4300 W. from Agricultural A-1 to Residential Estate RE-20 and giving notice that there will not be another publication on this item; Commissioner Cain seconded, all voting aye.

b. Zoning Petition #14-2003 to amend zoning map by rezoning property at approximately 3900 West 1800 South from Agricultural A-1 to Single Family Residential R-1-8

Commissioner Cain thanked everyone for their attendance and input. She recognized that a General Plan's purpose was to be a guide and intended to meet the needs of a community. Having gone through all the public hearings, which neither Mr. Arnold nor his clients had an opportunity to do, it was clear to her that the desire of the people of western Weber County is to maintain a rural atmosphere, and the proposal did not appear to fit within a rural atmosphere. Commissioner Cain felt that densities could be increased in some format in a mixed use community, keeping enough open space so that it would still maintain the rural atmosphere. It might be in the county's best interest to look at some formula in the future that would meet that need, however, this proposal did not. The other two commissioners expressed agreement with Commissioner Cain statements.
Commissioner Cain moved to deny Zoning Petition #14-2003 to amend the zoning map by rezoning property at approximately 3900 West 1800 South from Agricultural A-1 to Single Family Residential R-1-8; Commissioner Dearden seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, February 15, 2005, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Cain moved to adjourn the meeting at 6:55 p.m.; Commissioner Dearden seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor