Minutes for 2007-11-13, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, November 13, 2007 - 6:00 p.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, Vice Chair; and Craig L. Dearden.

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

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

D. Consent Items:
1. Purchase orders in the amount of $95,950.63.
2. Warrants #231212 - #231380 in the amount of $1,004,016.71
3. Minutes for the meeting held on November 6, 2007
4. New Business Licenses
5. Set public hearing for November 27, 2007, 10 a.m., to vacate Lots 19-R and 20-R from Cedar Cove Estates and to give final approval of Cedar Cove Estates Lots 19-R and 20-R Amended
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Final approval of Everett Garden Estates Subdivision and a request for a deferral of curb, gutter and sidewalk

Justin Morris, County Planning Department, showed maps of this 1-lot (1-acre) subdivision located at 7500 W. 900 S. stating that this subdivision process brought it into compliance to become a buildable parcel. Culinary water would be provided by West Warren-Warren Water Improvement District and wastewater services by an existing septic system. The home was built in 1946, prior to adoption of setback regulations and would be considered legal non-conforming despite the fact that the 10 ft. road dedication forced the home to encroach into the minimum required 30 ft. front setback. The subdivision is not within the 1.5 miles of any school and no new roads would be built as part of this subdivision. The Planning Commission unanimously recommended approval of this item on 9/11/2007 with a deferral for curb, gutter and sidewalk.
Commissioner Zogmaister moved to grant final approval of Everett Garden Estates Subdivision and deferral of curb, gutter and sidewalk; Commissioner Dearden seconded, all voting aye.

2. Final approval of Fredrickson Subdivision and a request for a deferral of curb, gutter and sidewalk

Justin Morris, County Planning Department, showed a map of this 2-lot subdivision located at 2396 S. 3500 W. There is an existing house on lot 1. Culinary water will be provided by Taylor West Weber Water and wastewater services by Central Weber Sewer. No new roads are being built as part of this subdivision, which is located within 1.5 miles of a school and the Weber School District sent a letter stating that all students were being bused. The Planning Commission recommended approval of this item on 10/9/2007 with the requested deferrals.
Commissioner Dearden moved to grant final approval of Fredrickson Subdivision with deferral of curb, gutter and sidewalk; Commissioner Zogmaister seconded, all voting aye.

3. Contract with American Correction Association (ACA) for accreditation of the Weber County Corrections Facility - Contract C2007-270

Lt. Frosty McWilliams, of the Weber County Sheriff’s Office, explained the accreditation process and stated that the Sheriff’s Office sought ACA accreditation for the purpose of improving the management and operation of the Correctional Facility.
Commissioner Zogmaister moved to approve Contract C2007-270 by/between Weber County and the American Correction Association for accreditation of the Weber County Corrections Facility; Commissioner Dearden seconded, all voting aye.

 

F. Public Hearings:

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

2. Public hearing to request an amendment to Weber County Zoning Map for property at 4022 N. & 3500 E. (Liberty) by rezoning from Agricultural Valley-3 (AV-3) to Commercial Valley-2 (CV-2)

Scott Mendoza, County Planning Department, showed maps and site plans. He stated that the request was to rezone approximately 1-acre area. In the 1980's, the garage of the existing dwelling on this parcel was rezoned to CV-2 in order to accommodate a small engine repair shop. Today’s rezoning request would make the entire parcel CV-2. The site plan had changed from when it was presented at the Planning Commission and Mr. Mendoza had that plan and the current one in the commissioners’ packets. The main change was to move the parking to the rear. The petitioner wanted to ensure a “village feel” with the ability for people to walk about the commercial development and this was part of the Zoning Development Agreement. The petitioner also wanted the conceptual idea as an attachment to that agreement so that it would be part of what is recorded on the property. The Ogden Valley Planning Commission and Planning staff made the recommendation for approval based upon the General Plan (i.e., this area had been identified in the Plan for commercial development; commercial development should be balanced with residential growth; and that commercial development should come as a “node” and not necessarily as a long strip of commercial properties along a road).

Commissioner Dearden asked if the petitioner was aware of the 2-year period to complete the project and Mr. Mendoza said that the Zoning Development Agreement stated that and it had been given to the petitioner.

Pam Collard, Project Manager, stated that they were trying to keep the project compatible with the Valley’s character and setting and this proposal brought in some necessary amenities and conveniences. Dan VanZeben, of VanZeben Architecture, stated that they had met with Planning staff and a member of the Planning Commission to get an understanding of what the planners, the Commission and the community’s desires were for this development. He said the petitioner wished to create a town center/village concept, using compatible materials and design.

Chair Bischoff invited public comments and following is a summary:
Kimball Wheatley, Ogden Valley Pathways Chair, stated that this proposal had not been reviewed by Ogden Valley Pathways, and encouraged this, particularly because it was near the park. Mr. VanZeben said that they intended to meet with the Eden Planning Committee, which had a Pathways representative.
 3. Public hearing for an amendment to Chapter 18-C (Ogden Valley Architectural, Landscape and Screening Standards) of the Weber County Zoning Ordinance

Scott Mendoza, County Planning Department, stated that this amendment was to ensure that a greater landscaped buffer was provided for manufacturing sites with intensive uses. The additional landscape requirements proposed as part of the amended MV-1 Zone needed to be appropriately moved and become part of the Ogden Valley Architectural, Landscape and Screening Standards chapter and staff requested that the language originally part of the MV-1 zone be moved to Chapter 18C of the Zoning Ordinance. Chair Bischoff invited public comments and none were offered.

4. Public hearing regarding the Ogden Valley Sensitive Lands Overlay Districts Ordinance, including amendments to the Weber County Zoning Ordinance Chapters 1 (definitions) and 23-37 (River and Stream Corridor Setbacks)

Sean Wilkinson, County Planning Department, noted that this item had not been listed for action on the agenda, and after taking input tonight the item would be brought back on an agenda.

The Planning Commission had held a public hearing on 9/17/2007 regarding this item and recommended approving the presented draft with two minor changes, including adding definitions for “core” wildlife habitat areas and “buffers.” Subsequently, changes were made to exclude both of those terms. Mr. Wilkinson had talked with Pam Cramer, of the Division of Wildlife Resources (DWR), today and her definition of “core” wildlife habitat areas was the one in the county ordinance for “important” wildlife habitat, thus he had removed “core” definition. The Zoning Ordinance already defined buffers and the Sensitive Lands Ordinance stated that they could be recommended by Weber County or DWR. Mr. Wilkinson stated that all developments within wildlife habitat areas would have an opportunity to be reviewed by DWR. If this ordinance was approved, any amendments should be included to Chapters 1, 2 and 23 of the Zoning Ordinance. The amendment to Chapter 1 would only be the addition of definitions currently shown in the Sensitive Lands Ordinance being transferred and the Sensitive Lands Ordinance would now contain the river and corridor setbacks section for the Ogden Valley, with Chapter 23-37 applying solely to the western part of the county.

Commissioner Dearden asked about the process in the ordinance for DWR to make recommendations because it stated that map changes made by DWR “shall be incorporated into this ordinance without requiring an amendment to the ordinance.” Commissioner Zogmaister said that the county should use DWR’s data but the county should ultimately determine wildlife habitats, and the commissioners asked that language be amended from “shall” to “may” incorporate their recommendations. She also expressed concern with the 100 ft. setback. Commissioner Dearden noted that there was a contradiction in that the ordinance called for landscaping with natural, native vegetation and also the use of wildlife resistant landscaping in the same paragraph.

Chair Bischoff invited public comments and following is a summary:
Brandon Fuller, of Liberty, stated he opposed this ordinance but commended Planning staff for their efforts because the way Bio-West had prepared it he would have no buildable space out of his four buildable lots consisting of 15 acres. He noted it would be interesting to hear ensuing comments from those in favor of this ordinance and whether they would be impacted and losing ground if their property had been designated important/core wildlife habitat or if they were next to a stream.

Neil Claussen, owner of property east of Pineview Reservoir, expressed concern about the setback recommended in this ordinance. His 6-acre parcel would be totally unbuildable with the 100 ft. setback. He said that over the past few years the county had progressed to encroach upon private property rights in virtually every ordinance that had been presented. He understood there should be minimum setbacks on streams and wildlife corridors, but was concerned that he was losing his property rights with all the restrictions.

Zane Froerer, realtor, of Huntsville, expressed several concerns with this proposed ordinance, echoing some of Mr. Claussen’s regarding private property rights. He felt that the county might be abnegating its rights to DWR (which was understaffed and had different interests than the county’s), that no structures could exist within 100 ft. of setbacks, with DWR’s fencing requirements which were not approved by the county, with the native vegetation requirements, and taking away DWR’s responsibility for maintaining their herds. He gave the Commission a map of the Valley from a 1975 Ogden Valley Natural Resource book commissioned by Weber County and others. He stated out of the Valley’s approximate 210,000 acres with this proposal there would only be about 8.5% of developable area, less the 3 acre minimum buildable lot, it left about 2,500 homes. He stated that the people were protected with the current regulations.

Steve Clarke, of Eden, felt strongly that implementing the proposed ordinance, and to continue improving it, was one of the most important things to help ensure that the Valley did not lose its beauty and vitality. He thanked the efforts of those who had worked on it and asked the Commission to adopt it. Commissioner Zogmaister asked Mr. Clarke if this ordinance would impact his property in any way and he responded it would not.

Ron Gleason, of Huntsville, was the third person at this meeting to mention that the county’s website information on the proposed ordinance was not current. However, Mr. Wilkinson stated that this proposal was current as of last Friday at 9:35 a.m., and he explained that the format was a little different. The next draft of the ordinance will also be posted on the website. Mr. Gleason requested that the Commission adopt this ordinance because he believed it progressed the General Plan. He felt that the ridgeline regulations were a very important part of the ordinance and a good compromise. He said that the ordinance would affect him because if a development, which received preliminary approval last week, built on the ridgeline it would be prominent, but if this ordinance was adopted, the development would be required to move back 100 ft.

Richard Reeve, Attorney representing Rocking HR Ranches, which owns 28,000 acres in the Valley, said that of this large land-holding about 75% would be potentially affected by this proposal. He expressed concerns with comments made at this meeting that the proposed ordinance was a good start because it should not be adopted with obvious breaches in it, such as DWR’s involvement, and the 2.5 mile of a scenic corridor requirement in the ridgeline zone, and questioned how they came up with that figure. Chair Bischoff believed that the 2.5 miles was the distance at which point one could not really see the structures.

Sharon Holmstrom, of Eden, stated that her property would be affected by this because it contained a stream. She noted that there were two main conflicted groups on this proposal because people generally either wished to live on their property or desired to sell and develop and that created a difference in the aesthetic value desired and in maximizing property. She believed that DWR should be an advisory resource because they were the caretakers of the State’s wildlife, noting the taxpayer burden to deal with wildlife herds. She expressed the value of protecting ridgelines aesthetically in order not to lose that value and felt the ordinance was not strong enough because it did not protect wetlands, but that the ridgeline mitigation was sufficient. She was pleased that the Commission had invited citizens to participate in an almost 2-year effort relating to this issue and said it had been a very broad-based community effort.

Lon Child, representing himself and Middlefork Ranch, presented pie-charts of Ogden Valley acreage by zoning and open space and stated that their property would be significantly impacted by this proposal (95% of the 800 acres) with stream corridors, wildlife habitat and ridgelines. He said that the definitions for critical, essential and important wildlife habitat were not interchangeable and that “important” was not a true definition. Additionally, that there were numerous ordinances and restrictions already in place that handled most of these issues. He felt that private property rights were being encroached upon.

Jack Claussen, of Ogden Valley, stated that his property would be affected by the this ordinance, that there were a lot of zoning regulations in place and spoke against encroachment on private property rights.

Jeffry Burton, of Huntsville, said that if adopted this ordinance would severely limit the use of his property, and that of others, it was too restrictive and would force his development where the ground was wet, that the monetary loss relating to property would be extensive. He had concerns with DWR’s involvement, including restricting fencing, and spoke against people banding together for government to do things it had no right to do. He asked the Commission to stand up for the people.

Kimball Wheatley, of Huntsville, stated that he had been on the East Huntsville Township Planning Commission and the Stakeholders Committee for the Recreation Element study. He was affected by this ordinance because he was in the designated important wildlife corridor and in a floodplain. He supported the ordinance stating it was a compromise.

The commissioners thanked everyone for their input and hard work on the issue, stating that they had received good information to consider.

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

G. Action Items Continued:

4. Ordinance to amend the County Zoning Ordinance, Chapter 21-B-3, Ogden Valley Manufacturing MV-1 Zone, by adding cement batch plant as a conditional use - Ordinance 2007-30

Jim Gentry, County Planning Department Director, stated that a public hearing had been held by the County Commission on August 2007 regarding adding a cement batch plant as a conditional use. The Commission had directed staff to prepare an ordinance to add this use to Chapter 21-B-3, and to include having additional landscaping requirements. The landscaping requirements under Chapter 21-B-3 were moved to Chapter 18-C-5, Ogden Valley Architectural, Landscape and Screening Standards, see item G.6. below.
Commissioner Zogmaister moved to adopt Ordinance 2007-30 amending the Weber County Zoning Ordinance, Chapter 21-B-3, Ogden Valley Manufacturing MV-1 Zone, by adding cement batch plants as a conditional use; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden nay
Chair Bischoff aye

5. (F.2.) Ordinance amending the Weber County Zoning Map at 4022 N. 3500 E., Liberty, rezoning from AV-3 to CV-2 - Ordinance 2007-31 & Zoning Development Agreement Contract C2007-271
Commissioner Zogmaister moved to adopt Ordinance 2007-31 amending the Weber County Zoning map by rezoning 4022 North 3500 East, Liberty, from AV-3 to CV-2 and Contract C2007-271, Zoning Development Agreement; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

 

6. (F.3.) Ordinance amending Weber County Zoning Ordinance, Chapter 18-C (Ogden Valley Architectural, Landscape and Screening Standards), 18-C-5 (Minimum Standards and Guidelines - General Landscaping) by adding paragraph K, Manufacturing Sites Requiring Conditional Uses Permits - Ordinance 2007-32
Commissioner Dearden moved to adopt Ordinance 2007-32 amending the Weber County Zoning Ordinance, Chapter 18-C (Ogden Valley Architectural, Landscape and Screening Standards), 18-C-5 (Minimum Standards and Guidelines - General Landscaping) by adding paragraph K, Manufacturing Sites Requiring Conditional Uses Permits; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

H. Assign Pledge of Allegiance &Thought of the Day for Tues., November 20, 2007, 10 a.m.

I. Public Comments: None

J. Adjourn
Commissioner Dearden moved to adjourn at 7:48 p.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor