Minutes for 2008-09-09, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, September 9, 2008 - 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: Craig L. Dearden, Vice Chair, and Kenneth A. Bischoff. Jan M. Zogmaister, Chair, was excused.
Others Present: David C. Wilson, Deputy County Attorney; Roger Brunker, Clerk/Auditor’s Office; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Commissioner Dearden
B. Pledge of Allegiance - Dan Olsen
C. Thought of the Day - Commissioner Dearden
D. Consent Items:
1. Purchase orders in the amount of $283,828.53
2. Warrants in the amount of $253,240.48
3. Minutes for the meeting held September 2, 2008
Commissioner Bischoff moved to approve the consent items; Commissioner Dearden seconded, both voting aye.
E. Action Items:
1. Final approval of HWJR Subdivision (2 lots) including a $4000 financial guarantee
Ben Hatfield, County Planning Department, stated that applicants Brad and Greg Kendrick were requesting final approval of this subdivision located at 4965 N. 3300 E., Liberty, in the Agricultural Valley-3 zone. The project consists of 20.95 acres, with two building lots of 5.25 acres each and one remainder parcel (10.45 acres), which would not be recommended for development. One of the building lots has an existing home. The applicants were asking for deferral of curb, gutter and sidewalk. The financial guarantee was to install one fire hydrant between lots 1 and 2. The Ogden Valley Planning Commission recommended final approval on 7/22/2008.
Commissioner Bischoff noted that the request for deferral of curb, gutter and sidewalk was not listed on the agenda and Mr. Hatfield responded that generally subdivisions in the Ogden Valley were assumed to have that request. Commissioner Dearden asked about the remainder parcel and Mr. Hatfield said that it was to the rear of the two lots, had no access and was on the North Fork River. The applicants would have to petition for a new subdivision if they wanted to build on it.
Commissioner Bischoff moved to grant final approval of the HWJR Subdivision (2 lots) including a financial guarantee of $4,000.00, with deferral of curb, gutter and sidewalk; Commissioner Dearden seconded, both voting aye.
F. Public Hearing
1. Commissioner Bischoff moved to adjourn the public meeting and convene the public hearing; Commissioner Dearden seconded, both voting aye.
2. Public Hearing to consider Zoning Petition #08-2007 by County Planning Division to amend the Zoning Ordinance, Agricultural Chapters 5, 5B, 6 & 7 (A-1, AV-3, A-2, & A-3 respectively) by changing an existing permitted use to a conditional use, clarifying it’s language and eliminating an existing conditional use
Scott Mendoza, County Planning Department, stated that these amendments were to attempt limiting industrial uses in agricultural areas, mitigate potential impacts to adjoining properties, while continuing to support agricultural operations.
He explained that there were both permitted and conditional uses in the existing agricultural chapters. The existing permitted use read, “The use of farm equipment by a farm operator for off-farm contracting work to supplement farm income.” and the existing conditional use read, “The storage and use of light construction equipment such as a backhoe, front-end loader or up to a ten wheel truck for off premise contract work by the owner resident of property of not less than five acres in area.” Today’s amendment eliminated a permitted use and combined language from both uses to create a new conditional use: “The use and storage of farm equipment and other related equipment such as a backhoe, front-end loader or up to a ten-wheel truck, to be used by a farm owner, farm employee and/or contracted farm operator of a bona-fide farm operation consisting of five (5) acres or more for off-farm, non-agricultural related construction work to supplement farm income.” This distinguishes between a contractor’s equipment storage yard and a farmer who desires to supplement his farm income. Currently, a contractor could submit a conditional use application and have good reason to expect a contractor storage yard in the agricultural zones. Mr. Mendoza stated that at the first presentation to the Western Weber County Planning Commission he had said that in 1985, when uses were instituted, the intent of these chapters was to only allow agricultural operations to have contractor storage yards, however, this was not correct. After researching minutes from 1985, he found that a resident of western Weber County had stated he was not a farmer but there was a need for contractor equipment storage, thus the existing ordinance language was put in place to allow contractor equipment storage yards that were not part of a farm operation. Another ordinance addresses contractor equipment storage yards under the Manufacturing Zones. He was unaware of any existing contractor equipment storage yards that had a conditional use permit.
Mr. Mendoza stated that there had been several meetings with the Planning Commissions and the public had initially expressed concerns including that farmers could not continue their operations, such as taking their farm equipment from their farm, getting on a road and continuing agricultural activities a couple of fields away. These concerns were cleared once the public understood the amendments. Commissioner Dearden noted that he had received 3-4 calls and a letter expressing those concerns.
The Ogden Valley Planning Commission recommended the new conditional use language, however, Mr. Mendoza realized later that they had not discussed the need to address acreage/area requirements, which existed in the original language. The agricultural chapters contain permitted uses and permitted uses requiring 5 acres or more. In the conditional use section there is no conditional use having additional area requirements, thus, it is necessary to explain how much area is required for each use. He stated that this minor amendment was added to the ordinance after the Planning Commissions’ recommendations to the County Commission. The Western Weber County Planning Commission’s recommendation had been basically the same but they wanted to keep the permitted use language and make it clear that a farmer could go off of his farm on to another farm to continue farm operations. (off-farm contracting work). Both Planning Commissions discussed continuing to support farmers and recommended that the conditional use permit fee paid by a farmer be reduced from $225 to $85. Commissioner Bischoff asked how they arrived at the $85 and Mr. Mendoza said there had been no specifics discussed but the $225 did not cover all of the permit process costs.
Currently, there are 9,983 acres of manufacturing zoning in Western Weber County and 11 acres in the Ogden Valley. Commissioner Bischoff asked if any further concerns had been received from farmers or other citizens and Mr. Mendoza responded there had not been any. Commissioner Dearden asked if there was a limit to the number of equipment a farmer could have in the yard and Mr. Mendoza said that there was no limit but the Planning Commissions would have discretion during the conditional use permit process. Commissioner Dearden invited public comments and none were offered.
3.Commissioner Bischoff moved to adjourn the public hearing and reconvene the public meeting; Commissioner Dearden seconded, both voting aye.
4. Action on public hearing:
F.2. - Amending Agricultural Chapters 5, 5B, 6 & 7 (A-1, AV-3, A-2, & A3) - Ordinance 2008-31
Commissioner Bischoff moved to adopt Ordinance 2008-31 amending the Zoning Ordinance, Agricultural Chapters 5, 5B, 6 & 7 (A-1, AV-3, A-2, & A3), and to keep the $225 permit fee; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Bischoff aye
Commissioner Dearden aye
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, September 16, 2008, 10 a.m.
H. Public Comments: None
I. Adjourn
Commissioner Bischoff moved to adjourn at 10:35 a.m.; Commissioner Dearden seconded, both voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor