Minutes for 2007-05-01, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 1, 2007 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah
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; Jan M. Zogmaister; and Craig L. Dearden.

Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius,
Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Fátima Fernelius
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $40,372.75
2. Warrants #225181 - #225454 in the amount of $1,293,774.71
3. Minutes for the meeting held on April 24, 2007
4. Cancel May 8, 2007 regular Commission Meeting
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister
seconded, all voting aye.

E. Action Items:

1. Contracts by and between Weber County and the following for RAMP Grants:
A. Ogden Valley Balloon Festival - Contract C2007-97
B. Huntsville (Improvements to town park) - Contract C2007-98
C. Aerospace Heritage Foundation - Contract C2007-99
D. American Dream Foundation - Contract C2007-100
E. Boys and Girls Club - Contract C2007-101
F. Historic 25th Street - Contract C2007-102
G. Dinosaur Park and Museum - Contract C2007-103
H. Downtown Ogden, Inc. - Contract C2007-104
I. Eccles Community Art Center - Contract C2007-105
J. Egyptian Theater Foundation - Contract C2007-106
K. Ogden Nature Center - Contract C2007-107
L. Ogden Symphony Ballet - Contract C2007-108
M. Project Success Coalition, Inc. - Contract C2007-109
N. Roy Historical Foundation - Contract C2007-110
O. Treehouse Museum - Contract C2007-111
P. Union Station Foundation - Contract C2007-112
Q. Weber State Foundation - Contract C2007-113
R. Roy City - Contract C2007-114
S. South Ogden City - Contract C2007-115
T. North Ogden City - Contract C2007-116
U. Hooper City - Contract C2007-117
V. Riverdale City - Contract C2007-118
W. Farr West City - Contract C2007-119
X. Marriott-Slaterville City - Contract C2007-120
Y. West Haven City - Contract C2007-121
Z. Ogden City - Contract C2007-122
1. Huntsville Town - Contract C2007-123
2. Washington Terrace - Contract C2007-124
3. Uintah City - Contract C2007-125
4. Plain City - Contract C2007-126
5. Pleasant View City - Contract C2007-127
6. Harrisville City - Contract C2007-128

Mike Caldwell, County Public Information Officer, stated that the RAMP board had spent much
time pouring over the requests, which were much higher than there were funds available. The
RAMP board had requested that applicants find collaborative monies.
Commissioner Zogmaister moved to approve the above listed RAMP contracts, C2007-97 through
C2007-128; Commissioner Dearden seconded, all voting aye.

2. Action on appeal of the April 11, 2007 decision of the Ogden Valley Township
Planning Commission to deny The Rivers Cluster Subdivision at 7800 E. Highway 39

Sean Wilkinson, County Planning Department, showed area maps. This request for preliminary
approval of The Rivers Cluster Subdivision had been presented to the Planning Commission on
1/23/2007 and was tabled for one month to allow the Planning Commission to hold a workshop
with the County Commission regarding wastewater facility issues. On 2/27/2007 the Planning
Commission meeting ended before this item could be presented and it was tabled until March 27
at which time it was tabled subject to receiving letters of acceptance from the Army Corps of
Engineers, the Utah Department of Transportation (UDOT) and the Division of Wildlife Resources
(DWR). On 4/11 the Planning Commission denied preliminary approval“because of the significant
negative impact on the Ogden Valley Development Plan and especially on the City of Huntsville.”
The property is currently zoned RE-20 and S-1. Five of the lots were proposed on the S-1 zone.
Planning staff believed the petitioner met the preliminary approval requirements, recognizing that
various permits, requirements, and letters must be obtained before final approval was considered.

Commissioner Dearden brought up for discussion the major issues raised at the Planning
Commission meetings:
1) Concerns that the RE-20 zoning was an oversight and should not have been zoned RE-20. Mr.
Wilkinson said that from 1961 that land had been shown as RE-20 on the county’s zoning map and
when the General Plan was developed in 1998 (and properties in the Ogden Valley were down
zoned to 3-acre minimum building lots) only the A-1 and FR-1 zones were affected.
2) Concerns whether wetlands could be considered buildable property. Mr. Wilkinson said that
county staff and legal counsel had met with Jason Gipson, Chief of the Bountiful Regulatory Office
of the Army Corps of Engineers, who had told them that all wetlands (except ports and harbors)
were potentially developable. County staff had also taken this position since wetlands could be
mitigated and built on with an Army Corps of Engineers’’ permit. Residents had challenged this
but a Board of Adjustment decision on April 12, 2007 upheld staff’’s position.
3) Ingress/Egress onto SR 39–concern that no letter had been received from UDOT. Currently,
there were four access points off of SR 39 onto this property. Gardner Engineering, which was
working with the petitioner, and A-Trans Engineering (traffic engineer) had preliminarily met with
UDOT and in their agreements would eliminate two access points. The county does not have these
letters but they would be required for final approval.
4) Floodplain concerns: that this designation would be on plats but not on the deeds, that the area
had been flooded before and what would be done to ensure homes would not be under water.
Curtis Christensen, County Engineer, stated that this area had been designated in the early 1980's
as floodplain. The developer had removed the building sites from the mapped flooplain area, thus
he had met the FEMA requirements. However, it did not mean that other areas would not flood.
Over the years, Mr. Christensen had seen the channels and irrigation ditches that historically came
through there flood the area. Most of this occurred between and south of the rivers and there was
room to let the water go through but the petitioners might have to make improvements.  Additionally,
there was a smaller channel toward the north of this project that the developer would
need to improve.
5) Cluster versus non-cluster subdivision option. The Planning Commission had inquired whether
they could ask the petitioner to look into a non-cluster subdivision if the commissioners did not like
the proposal and legal counsel had said they could require that, but if the petitioner submitted a non-
cluster subdivision the Planning Commission would then be bound to honor what they had asked
the petitioner to do. The petitioner, however, had not looked into the other option. Commissioner
Zogmaister was in favor of the cluster subdivision because a goal of the cluster is to have more
open space. The RE-20 zone allows 44 lots and the petitioner plans 41.

Jamie Gull, petitioner (with Redstone Development), showed maps and addressed the
commissioners’ questions. He stated that this land could be developed as proposed and outlined
the due diligence process that had been completed prior to applying last November, including
developing multiple concept plans, an aerial topographical survey, a traffic study (no variances
would be required for this proposal), a geotechnical report (found a highwater table therefore no
basements but buildability not an issue), and additional wetland study. He indicated taking the
buildability of this project seriously and wanting to be good partners with the county. He had
included (without requirement) 3.7 acres of open space along the river, had preliminary
conversations with the U.S. Forest Service about extending the trail to meet their travel system
along the reservoir, etc. His legal and engineering representatives were present. Mr. Gull stated
that in addition to having the FEMA map overlaid over the site, he had hired a firm to map the river
at intersections, using the 100 year flood water quantity to see if the river would hold the water.

Commissioner Zogmaister asked about road widths and Mr. Gull responded that the incoming road
would be a 60 ft. right-of-way and the remainder in the development would be 50 ft. right-of-ways.
Mr. Wilkinson said that the county was recommending rolled curb installation in the subdivision.
Currently, a letter from the DWR is not required, however, it is part of the proposed sensitive lands
ordinance. Commissioner Zogmaister noted there had been a request at a Planning Commission
meeting for additional plantings to screen/block a certain area of the property and also asked what
part of his north end property abutted Huntsville. Mr. Gull said that he had been contemplating
some landscaping where the most dense portion of the subdivision met the road and wanted to have
a discussion with UDOT about putting a trail on the right-of-way and some landscaping would be
installed there. There is a very substantial drop off/hill to the north and the area between that drop
off and the development is currently undeveloped and probably would remain as such due to its
inaccessibility. He estimated that the closest home to the proposal’s boundary was 300-400 ft.
Chair Bischoff and Mr. Wilkinson noted that preliminary approval did not guarantee final approval.

Commissioner Dearden noted that it had been mentioned at a Planning Commission meeting that
it was a dead-end road or cul de sac and the fire department would have a concern with that. Mr.
Wilkinson replied that they would have to meet all the engineers requirements on road design. At
this time a member of the public wished to speak to the issue and Chair Bischoff noted that this was
not a public hearing and there was a public comment section at the end of the meeting.
Commissioner Zogmaister moved to grant preliminary approval of The Rivers Cluster Subdivision
located at approximately 7800 E. Highway 39 based on the fact that it met the Weber County
Zoning Ordinances and the petitioner had met all the requirements for preliminary approval;
Commissioner Dearden seconded, all voting aye.

 

3. Resolution appointing members to the Ogden Valley Township Planning
Commission - Resolution 27-2007

Jim Gentry, County Planning Department Director, stated that two terms were expiring May 4.
There were about 14 great applications and the commissioners noted the difficulty in this decision.
Commissioner Dearden moved to adopt Resolution 27-2007 appointing Jamie Lythgoe and William
Siegel to the Ogden Valley Township Planning Commission to serve 4-year terms expiring May
4, 2011; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye




4. Resolution appointing members to the Western Weber County Township Planning
Commission - Resolution 28-2007

Jim Gentry, County Planning Department Director, stated that three people had applied for the three
vacancies.
Commissioner Zogmaister moved to adopt Resolution 28-2007 reappointing Bruce Ferre and Becky
Messerly to serve 4-year terms expiring May 4, 2011 and to appoint Carl Saunders to fill an expired
term through May 4, 2008 to the Ogden Valley Township Planning Commission; Commissioner
Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



F. Public hearing:

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

2. Public hearing on the vacation of a road located at approximately 3050 North
5100 East in the Eden Area

Scott Mendoza, County Planning Department, showed an area map stating that the request related
to a portion of road consisting of approximately 440 ft. in length and 33 ft. wide with about .30
acres. The area lies between the rear of some lots in a previously dedicated subdivision and a newly
proposed road. This portion of the road had never been dedicated as a private or public road. The
previous landowner had conveyed this property on 7/20/1976 to the county for road purposes. The
county was excepting the portion that still lies within the public road of this subdivision.

Mr. Mendoza addressed Commissioner Zogmaister’s question stating that the landowner who
owned the lot in the previous subdivision (Mountain View Estates) has frontage on the previously
dedicated public road in the other subdivision and would continue to use that frontage. That owner
had acquired the rear property and by going through the subdivision process would be able to
incorporate that rear property into his lot.

3. Commissioner Zogmaister moved to adjourn the public hearing and reconvene the public meeting;
Commissioner Dearden seconded, all voting aye.

4. Action on public hearing:

F.2. - Public hearing on vacation of a road located at 3050 North 5100 East, Eden
Commissioner Dearden moved to adopt Ordinance 2007-13 vacating a portion of 3050 North Street
located in the Canyon View Cove Subdivision in the Eden Area; Commissioner Zogmaister
seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, May 15, 2007, 10 a.m.

H. Public Comments: All of these comments included item E.2., The Rivers Cluster Subdivision.

Wally Armstrong, past elected commissioner of East Huntsville Township Planning Commission,
stated that the county commissioners had not asked the petitioner if he had secondary water and
would be able to supply it. Chair Bischoff responded that it was part of the final approval process
and the requirement would have to be met. Mr. Armstrong stated that egress/ingress from the road,
particularly on the curve, was a big concern, that the wetlands should never be allowed into a
cluster subdivision calculation, that in the highwater years (1983-84) most of that ground was under
water along with all the streams up to the east towards the Monastery and the Southfork. While he
had been on the East Huntsville Township Planning Commission Mr. Armstrong had never been
made aware that the area was zoned for this type of density or he and those commissioners would
have had it reviewed. It should have been reviewed because it had been zoned back in 1961, a
zoning that was now totally out of character for the Ogden Valley.

Keith Rounkles, Ogden Valley Planning Commission member, had hoped to outline the reasons the
Ogden Valley Planning Commission had denied this and it was disappointing for him and others
on that commission not to be allowed to address detrimental issues to the area during earlier
discussion of the item, including that this was a cluster subdivision in an area that already had such
a high density zoning in place. By changing to the cluster subdivision, the petitioner was able to
put in twice as many residences and he did not believe there was any other Ogden Valley area with
1/4 acre lots. He would have liked the opportunity to have looked at a non-cluster subdivision on
an RE-20 zone. The cluster subdivision language gave the Commission option on whether to allow
the cluster subdivision and Mr. Rounkles stated this was not the right choice. He did not believe
the petitioner should be able to just fill in the wetlands. Other concerns included that there was no
place for runoff water to be absorbed in such a small area with that many homes, that the paperwork
had not been completed with the Army Corps of Engineers and the DWR, and location of the sewer
lines. He personally had seen that whole area under water in 1983.

The commissioners noted that the County Commission had been very diligent in studying this issue
and to address the discussed concerns, and they also had to take into consideration that all
preliminary approval requirements had been met. Commissioner Dearden noted that he had already
brought forth the major issues for discussion prior to Mr. Rounkles arriving at this meeting. He said
that there would be 3-4 less homes in the cluster subdivision. The Planning Commission had the
ability to ask the petitioner to look at a non-cluster subdivision but had denied the cluster without
asking him to do anything.

Sharon Zini, of Huntsville, asked when the public hearing would be held on the three pending
ordinances (including TDRs), originally scheduled for April 24. Sean Wilkinson, County Planning
Department, stated that there had been only a tentative date of April 24 for a workshop. County
Planning had asked that Bio-West make some changes and was waiting for a response. David
Wilson, Deputy County Attorney, wanted to make sure that the County Attorney’s Office had an
opportunity to review these ordinances prior to putting the items on the Planning Commission
agenda. Ms. Zini asked if item E.2. had received bonus density and Mr. Wilkinson said it was not
allowed in the RE-20 zone.
Ms. Zini expressed concern with the proposal to increase the bonus density relating to TDRs
because it would double the provisions for any bonus density given in the Ogden Valley. She asked
the Commission to seriously consider how much additional growth was being allowed in the Valley
that would exceed the traffic, air pollution, water concerns, etc.

Regarding The Rivers Cluster Subdivision being built up the hill, she said the petitioner had a 35
ft. height limit on that development and with no basements and 35 ft. up in the air these would be
seen from the highway.

Brandon Fuller, of Liberty, thanked the commissioners for their efforts to balance everyone’s rights.
He felt that the zoning for 17,000 units in Ogden Valley was high and that professionals should be
reviewing water quality. The commissioners stated that the county contracted with Weber Basin
Water Quality Management Council for water quality management.

Richard Sorensen, of Huntsville, expressed disappointment that he had not been able to present
his concerns earlier during today’s presentation of The Rivers Cluster Subdivision. He felt the
Planning Commissioners were somewhat biased toward developers and said that Jamie Lythgoe
(appointed today to the Ogden Valley Planning Commission) was also a realtor and developer, and
he would like to see a better mix of people who had lived in the Valley for a number of years. He
mentioned another State experiencing growing pains stating they had developed an urban plan and
suggested the commissioners look seriously into a building/development moratorium in the Ogden
Valley until those ordinances were in place.

I. Adjourn
Commissioner Dearden moved to adjourn at 11:30 a.m.; Commissioner Zogmaister seconded, all
voting aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor