Minutes for 2003-03-11, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 11, 2003 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah

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 Kenneth A. Bischoff, Commissioner Camille T. Cain and Commissioner Glen H. Burton.

Others Present: David C. Wilson, Deputy County Attorney; Linda Lunceford, Clerk/Auditor; Fátima Blackford, Administrative Assistant, Clerk/Auditor’s Office, took minutes.

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

D. Consent Items:
1. Purchase Orders in the amount of $73,069.37
2. Warrants #173518 - #173748 in the amount of $1,041,740.72
3. Minutes of meetings held on February 25, 2003, and March 4, 2003
Commissioner Burton moved to approve the consent items, less warrant #173650 in the amount of $15.00 and holding the February 25, 2003 minutes; Commissioner Cain seconded, all voting aye.

E. Non-Action Items:

1. Presentation of the Utah Weed Control Association’s Outstanding Weed Board 2003 Award

Ron Schultz of the Weber County Weed Board stated that this Board had received the Outstanding Weed Board 2003 award at the recent State Weed Board meeting. On behalf of the Board, he presented the plaque to the Commission. One of the primary reasons for receiving the award was this Board's progressive thinking in using biological control efforts, and it probably has been leading the State and many of the counties in this field. It is an environmentally sound practice which reduces the amount of chemicals and other agents that are used in weed control. Chair Bischoff expressed thanks to the Board for their hard work.

2. Discussion Regarding the Legacy Highway

Ron Schultz wished to update the Commission regarding West Haven City's position on the proposed Legacy Highway (Highway). A study was conducted about two years ago by the Wasatch Front Regional Council (WFRC) regarding a new corridor through the western part of Weber County and the City was a participant. Mr. Schultz indicated that the committee had agreed that politically one of the best locations for it would be approximately 5100 W. because it kept the Highway out of their city. However, the City Council had never changed the position established in 1996, and reaffirmed on December 9, 1997, which was for I-15 to be expanded to its maximum capacity through Weber County/West Haven, and for the north-south and east-west roads to be expanded to their maximum capacity. He indicated that from a utilization standpoint the current alignment by the WFRC using 5100 W. is not logical because it goes way west in Davis County where there is nothing west of it and comes east in Weber County where everything is west. Mr. Schultz said that the City could support the recent decisions regarding the 31st Street to 2700 N. area.
He addressed the commissioners' questions. He said that the State had not set aside any money for the purchase of property for a corridor in their area and that it was not even on the 30-year plan. Chair Bischoff stated that an arterial route through the county connecting with the Highway as it came out of Davis County was needed. He felt that the current arterial roads, 5100 W. and 4700 W., could possibly be expanded to four lanes and the county would not need to purchase additional property for a right-of-way. Mr. Schultz said the City was in agreement, but also included 3500 W., and they were preserving a 110 foot right-of-way on 4700 W. and 3500 W.

F. Action Items

1. Phase II Storm Water Notices of Intent & Resolutions Approving Interlocal Agreements Relating to Obligations Required for a General Permit for Storm Water Management by & Between Weber County and the Following:

a. Roy City Resolution No. 15-2003 Contract No. C2003-52
b. Pleasant View Resolution No. 16-2003 Contract No. C2003-53
c. West Haven Resolution No. 17-2003 Contract No. C2003-54

The majority of contracts related to this item were handled at the March 4, 2003 Commission meeting. Dr. George Burbidge, County Storm Water Management, presented these three items.
Commissioner Burton moved to adopt the following Resolutions approving the accompanying Interlocal Agreements relating to obligations required for a general permit for storm water management, with the following entities:
Resolution 15-2003, Contract C2003-52 with Roy City;
Resolution 16-2003, Contract C2003-53 with Pleasant View City;
Resolution 17-2003, Contract C2003-54 with West Haven City;
Commissioner Cain seconded.
Roll Call Vote
Commissioner Cain aye
Commissioner Burton aye
Chair Bischoff aye

2. Retirement Incentive Agreement by & Between Weber County and Craig Barker - Contract C2003-55

Gary Laird, County Operations Director, stated that Mr. Barker had decided to take advantage of the early retirement window for county employees participating in the State non-contributory retirement plan who will have 25 years of qualified retirement service on March 31, 2003. Mr. Laird stated that Mr. Barker had performed a marvelous service to the county. The commissioners expressed their appreciation to Mr. Barker for his service.
Commissioner Cain moved to approve Contract C2003-55 Retirement Incentive Agreement by and between Weber County and Craig Barker; Commissioner Burton seconded, all voting aye.

3. Recommended Appointment to the Weber Human Services (WHS) Governing Board

David Wilson, Deputy County Attorney, stated that the process outlined in the WHS Interlocal Agreement relating to vacancies needed to be simplified, which he briefly outlined. The letter from WHS recommended the names of Pat Erickson and retired Judge Stanton M. Taylor for the Commission’s consideration. The Commission’s recommendation will be forwarded to Morgan County for their consideration, which will return it to the Weber County Commission for confirmation
Commissioner Cain moved to appoint retired Judge Stanton Taylor to the Weber Human Services Governing Board; Commissioner Burton seconded, all voting aye.

4. Appointment of Five Members to the Golden Spike Arena Advisory Board

Jennifer Graham, Recreation Facilities Director, stated that this item related to reappointments for member whose terms expired at the end of 2002.
Commissioner Burton moved to reappoint the following to the Golden Spike Arena Advisory Board: Jim Budge and Frank McCormick with terms expiring 12/31/2003 and Tony Cross, Kent Jones, and Richard Myers with terms expiring 12/31/2005; Commissioner Cain seconded, all voting aye.

 

5. Request for Consideration of Tax Relief Application for 2002 Filed After the Deadline by Robert Smith, LSN 11-105-0009

Margarit Nersisian, Clerk/Auditor’s Office, stated that Mr. Smith is a 100% veteran. Due to a family death and other difficulties, he missed the deadline to file the 2002 tax relief application. It was filed on 1/23/2003. The Tax Review Committee recommended to deny acceptance of the late application. The statute states these applications need to be filed by September 30, however, a county has the option of extending that deadline to December 31. Weber County opted for the 12/31 deadline. Ms. Nersisian stated there was no provision in the law to allow late applications but Mr. Smith wished to voice his opinion. Mr. Smith addressed the Commission stating that he understood the deadline and explaining the various family crisis that occurred last year. He had believed that he could only submit his application in the fall and stated he would not have missed the deadline had he known that he could have submitted it early in the year. David Wilson, Deputy County Attorney, said that there was no appeal for this type of case. After listening to the facts, the commissioners wished to know if there was no point at which they could grant tax relief, particularly in the case of a 100% veteran. Mr. Wilson offered for the Attorney’s office to write a memorandum explaining the process to the Commission. Commissioner Cain said that perhaps this issue needed to be reviewed at the Legislature. Chair Bischoff thanked Mr. Smith for bringing this issue to their attention.
Commissioner Burton moved to deny the tax relief application for 2002 filed after the deadline by Robert Smith, LSN 11-105-0009; Commissioner Cain seconded, all voting aye.

6. Interlocal Agreement by and Between Weber County and the U.S. Forest Service, Intermountain Region, for Phase 2 of the Pineview Reservoir Boundary Project
This item was held.

G. Assign the Pledge of Allegiance and Thought of the Day for Tuesday, March 18, 2003 at 10:00 a.m.

H. Public Comments
There were none.

I. Recess
1.Commissioner Cain moved to recess until 6:00 p.m. for the public hearings; Commissioner Burton seconded, all voting aye.

J. Reconvene
1. Reconvene public meeting

K. Public Hearings
1.Commissioner Cain moved to adjourn the public meeting and convene the public hearings; Commissioner Burton seconded, all voting aye.

 2. Public Hearing for an Amendment to the Zoning Ordinance to Increase the Number of Sleeping Rooms in a Bed and Breakfast Inn from 5 Sleeping Rooms to 7 Sleeping Rooms

Kelly Grier, County Planning Department, gave an overview of Zoning Petition #013-2002 submitted by Kim and Roger Arave of Snowberry Inn to amend the Zoning Ordinance, definition (Chapter 1) and expand the number of sleeping rooms from 5 to 7 for Bed & Breakfast Inns (Chapter 12B). The three Township Planning Commissions with jurisdiction in the Ogden Valley held public meetings and voted to recommend approval to the County Commission. However, the East Huntsville Planning Commission voted to add certain conditions as well. They voted to amend the minimum lot size from 3 to 6 acres and to amend the minimum lot width from 250 ft. to 400 ft. in the FV-3 zone. The concern with lot size and width was mainly to ensure that the Inn would be adequately separated from any adjacent residential dwelling. The petitioner had been late for the Planning Commission meeting, therefore did not respond to these recommended conditions. If the 6-acre minimum lot size was adopted, the petitioner would not be able to expand the Snowberry Inn by the two additional sleeping rooms. Currently, there is a requirement that the structure of the Inn be 300 ft. from a residential structure and the setback requirement is 30 ft. Commissioner Burton asked if East Huntsville had given a reason for their recommendations and Ms. Grier said that the 400 ft. width was due to their decision to go with the 6 acre minimum lot size and not wanting the lot to be too deep. Ms. Grier addressed the commissioners’ questions. She said that the main discussion at the meetings had been that the inns needed to be separated from any other residential use because of possible weekend users coming and going at odd hours. The two rooms requested by the petitioner already exist in the structure and would be changed from private bedrooms to guest sleeping rooms.

Chair Bischoff invited public comments. Roger Arave, Snowberry Inn owner, stated that they had built the Inn 12 years ago and now needed a couple more rooms. He believed that East Huntsville wanted more acreage because they were under the understanding the Araves had purchased adjacent property to it, however, there is a home on that property already. Mr. Arave said that there was plenty of parking to accommodate the additional two rooms.

3. Public Hearing to Take Input on a Master Plan for Future Development of Fort Buenaventura

Gary Laird, County Operations Director, indicated that the goal was to create a gateway so that when visitors go through the modern day visitors center and into the Park it will be like it was in the 1840's. He showed slide and video presentations of this beautiful, historical Park and large maps were also posted at this meeting. Mr. Laird stated that the Park had been designated as a State Park and the State had put in most of the current improvements. Due to budget cutbacks last year, the State was faced with closing the Park and elected to turn it over to the county. The State paid $35,000 to the county this year, and will pay $25,000 next year, and $15,000 the following year for the county to take over the Park. Mr. Laird read the mission statement and showed the organization of the Fort Buenaventura Committee, an advisory board to the County Commission to assist with development and future plans for the Park. He showed the proposed land use plan, which includes having plant species and types of animals that were native to the period of Miles Goodyear, the mountain man/fur trader that built the fort with his wife in the 1840's; trails connecting the entire 145-acre park; depiction of the various Native American cultures that inhabited the area; a mountain man camp demonstrating the life of early trappers; and the fort compound that will allow more hands-on skills (i.e., black powder shooting at the range). An RV park is also planned with 40-50 typical recreational vehicle amenities. Commissioner Burton congratulated the Fort Buenaventura Committee for their excellent work.

Chair Bischoff invited public comments and remarks were heard from the following: Gene Briscoe, field representative and regional coordinator for the National Muzzlers Riffle Association, expressed approval of the presented plan. It was similar to the plan of a large reconstructed trappers fort in Canada that his association visited last year. Sharon Schroeder of West Ogden was concerned if there was adequate camping area available because there are a lot of Boy Scout troups in the area. Mr. Laird pointed out proposed camping areas, which appear adequate. Shelleice Stokes, Director of the Convention Visitors Bureau, officially offered CVB’s support and stated they were excited that the county had taken on this opportunity. She saw this as a great opportunity for tourism Zandra Carter and Ms. Middleton, representing the Utah Chapter of the National Western Music Assn. and Cowboy Poets of Utah, expounded on the quality of their arts and asked if there would be a possibility for their entertainment to be hosted there. The commissioners were familiar with some of the artists mentioned and look forward to having them participate. Richard James stated that the last historic Mountain Man Rendezvous had been held in 1840. There were no more until he started this event in 1973 in Fort Bridger and now these rendezvous have grown all over the world. Mr. James found a land use permit for Fort Buenaventura for the first Mountain Man Rendezvous, December 7-9, 1979. Mr. James pointed out that this is such a rare and special opportunity for the greater community in having this park here and that it has much to offer. Bill Critchlow stated that this fort had been initiated by his proposal and he negotiated the land transfer from the Union Pacific Railroad. Mr. Critchlow said that this facility was unique in the west. He commended the commissioners for having accepted it, for formulating a master plan for its development, and for their support and determination to continue the Fort Buenaventura as a historic site. Mr. Critchlow stated there were many opportunities to tell its story effectively and suggested that a river float could generate about $100,000. He had taken President Rod Brady, Dean Hurst and the Scout executive at that time in a rubber raft from the golf course in Riverdale all the way to the fort and he pointed out the wildlife they had seen along the river, including blue heron, mallards, muskrats, and beaver. He also suggested roleplaying guides telling the stories of mountain men from this area, such as Mile Goodyear, Jim Bridger, Joe Fitzpatrich, and describing the fauna, geology and history of this area to tourists and students to enhance the park. Russ Braselton said that he would participate in the upcoming Easter rendezvous and indicated that this fort meant a lot to his group. He expressed their love for it and appreciation to the commissioners for taking it over. His rendezvous will have about 250 tents throughout the park and he affirmed that there was plenty of camping space there.

Chair Bischoff thanked everyone for their suggestions and comments and stated that the Commission was excited to have this facility and opportunity in our area. He said that the interest had been overwhelming for this park and he had not heard any negative comments.

4. Public Hearing to Take Comments and Action on the West Central Weber County General Plan

The County Commission held a public hearing on this item on 12/17/02. Craig Barker, County Planning Department Director, gave background on activity in western Weber County over the last few years resulting in the need to update the western county plan. One of these is the sewer improvements currently underway that have to go through the western incorporated Weber County to the Central Weber Sewer treatment facility. Thus, some lands that previously were not developable, now can become developable. Sanitary sewer can also mean availability of much higher densities. Mr. Barker outlined the process that had been followed to amend this general plan. About 1½ years ago in August a planning consultant, Landmark Design, was selected and numerous joint as well as separate public meetings and workshops were held by the four township planning commissions with jurisdiction in the western part of the county regarding planning for the future for their communities. In October a co-sponsor, Envision Utah, joined in and helped finance the additional public meetings. Mr. Barker stated that the process at the West Weber School was held in two nights. Over 140 participants from the rural communities attended and they attempted to develop ideas, with great detail, regarding future locations for certain types of land uses, home sites, retention of agriculture, etc. In 2002 a number of public meetings were held by each Planning Commission wherein they considered all the findings of the consultant and created an approved vision statement. Workshops were held in late March and in May there was an openhouse to discuss the various growth scenarios. Different Planning Commissions recommended different variations to the plan. One of the Planning Commissions recommended the need for a highway in the west side.

 Jan Striefel of Landmark Design stated that the response and participation in this planning process had been tremendous and very appreciated. She pointed out the land use recommendations on a large colored map as follows:
Single family residences - basically to maintain the existing zoning as it is, understanding that in 2020 anticipated population will result in about 580 additional housing units. The idea is that 580 units most likely could be absorbed into the area without a large impact and that, based on the public opinion during the process, maintaining the existing zoning was an important consideration. A development trigger was included so that when the 580th permit was issued, it would be time to re-examine the plan and evaluate what had transpired thus far and make changes. The recommendation is that cluster development be mandatory for parcels over 10 acres in size and that 30% of that should be preserved as open space.
Commercial development - The market study indicated that in 2020 about 7-14 acres of additional commercial property could be accommodated. The majority of the people involved in the process identified the intersection of 1200 S. and 4700 W. as the most likely and best site for it. Their ideas were that it be a community or village center-type of commercial, not a large commercial area. Currently, there is a small area zoned C-2, which allows for very large commercial properties and which are not compatible with the vision for the area. Their recommendations were that this be changed to C-1 and future commercial development be zoned C-1 as well.
Manufacturing areas - to remain as they are currently. Landmark recommended elimination of a 20-acre parcel and to have it rezoned back into the residential surrounding zones. Currently, single family residential is permitted in an industrial zone and the recommendation is that this should be eliminated because they are not compatible.
Agricultural preservation areas - remain basically as they are and is encouraged to continue.
Trails - the recommendations are for off-street bicycle and pedestrian trails along all the major improved roads along the canals and railroad tracks and that the County Commission work with the Weber Pathways, UDOT, and property owners to make them happen. Equestrian trails were very desirable and have been located on the plan along with a loop that follows the river and goes up to the railroad and back around again. Trails development had been quite controversial and Landmark would recommend they not occur without the consent of property owners, but that the option not be foreclosed for the future as development takes place.
Wildlife/waterfowl management areas - are to remain exactly the same as they are currently.
Schools - Weber County School District is planning an additional highschool in the area. Landmark has shown a location for it on the plan. Schools will develop depending on residential development.
Parks - public parks are desired by people and this a compatible use with schools and sharing facilities is a good economic practice.
Road improvements - there is a short-term recommendation for improvements on 1200 S. at intersections, and to widen shoulders primarily to deal with current issues. Landmark recommends that Weber County preserve the additional right-of-ways for the future that will be necessary to add lanes and to accommodate a multi-use trail on one side of the right-of-way. Similarly, the same is recommended for 4700 W. where capacity is currently not an issue but safety is. Thus the addition of turn lanes is recommended as well as preserving the right-of-way so that future options are not foreclosed. The recommendation is basically the same for commercial development and roadways as for residential. As new development takes place, there is the potential for traffic and safety issues on both of these streets and access management strategies should be initiated to avoid multiple driveways backing or driving onto these roads, and that they be somehow consolidated with frontage roads, go off of additional roads, or a system that comes in at intersections to these roads. The Legacy Highway is on the Wasatch Front Regional Council’s (WFRC) plan. Landmark feels it is prudent to acknowledge that fact and to consider preservation of a right-of-way into the future–even though no one seems to believe that it will happen within 30 years–so as to not foreclosure opportunities or concerns in the future. As the industrial area grows, there probably will be a need for another access road and it is a good time to start looking at preserving a possible alignment.
Impact fees - Landmark recommended that the County Commission take a look at impact fees, specifically an impact fee study for roads, and there may be other areas to initiate these as well. Sensitive lands - Landmark recommends 100 ft. buffer specifically along the Weber River as a no-build zone to accommodate a future trail, should it happen, and also to preserve the wildlife habitat and the environment and floodplain directly associated with the river corridor. Because there are a lot of sensitive lands within this whole area, Landmark recommended the County Commission take an opportunity to do a sensitive area management plan that gets property owners, public agencies, etc., together making joint decisions regarding how the property can develop and how it can be protected.

Ms. Streifel addressed the commissioner’s questions. Regarding shoreland issues, she stated that two alternatives had been moved forward. She pointed out on the map the area that was currently under protection by the federal government and which was managed as a wildlife habitat area. One of the alternatives sought to expand this area and also to create some wildlife corridors so that wildlife could more easily get from one protected area to another, should this be desirable in the future. Ms. Streifel indicated that the transfer of development rights process was a difficult one to initiate at the present time. She said that this was a good area to do it because there were fairly large pieces of properties. Ms. Streifel stated that the recommendations that are in the proposed plan are in general reflective of the public comments received during the process.

Chair Bischoff invited public comments and remarks were heard from the following: Robert Wallace of Taylor stated he had studied the western United States and had purchased his property desiring open space, a rural atmosphere, and peace and quiet. He felt very strongly about maintaining a rural atmosphere and said that if the Legacy Highway came through that area it would destroy a number of homes and would cause him to move because of the significant impact–it would create a different life style with increased traffic and noise and the possibility of social difficulties. Mr. Wallace thanked the Commission for all the work they had done and all the effort put forth in the process and encouraged them in maintaining the rural flavor as best as they could but listening to the people. Douglas Hansen, West Weber, stated that the voice of the people, expressed both in the process and in the general plan, continually voiced that they value and want to protect the rural character, lifestyle and atmosphere. Taylor had a survey conducted and 96-98% wished to maintain the rural character. Mr. Hansen referred to one point of the plan (pg. 2-6) stating there was “little in current zoning that provides protection of the rural quality and character of the area.” He asked how could Planning Commissions preserve the intent and wishes of the people when, on the other hand, there were developers wanting to develop large developments such as 50-100 homes. Commissioner Cain responded that once the plan was adopted ordinances would be put in place to reinforce zoning, etc. She asked that anyone who spoke tonight to give their definition of “rural.” Mr. Hansen’s definition was what existed now–few homes, a lot of open space, agriculture uses, etc. Commissioner Burton pointed out how the rural lifestyle view changes over time.

Discussion ensued regarding the difficult task of balancing property owners rights with maintaining the rural atmosphere–once large farms develop for residence lots. Mr. Hansen pointed out that he had watched this scenario happen with other counties and in Ogden Valley over the years whereby the developments increased and the farms decreased. He felt that cluster housing could work well if planned properly. One point of discussion was that perhaps someone wanting a smaller lot, would have to annex to a city. Dan Baugh, West Weber, felt that most of the ideas in the plan were from the small minority or the planners. He said he had been trying for four years to rezone his property to commercial zoning and would like to see the C-2 zoning remain. Mr. Baugh would like to see denser zoning, though he did not know where it should go. He expressed disagreement with the buffer along the river and the property owners not having a voice in the matter. The commissioners clarified that the buffer zone along the rivers already existed in other parts of the county and it was related to the floodplain. The use of the land would be by user consent. Robert Larsen, West Weber, referred to comments made that some people did not maintain their 1-acre parcels but let them fill with weeds. Mr. Larsen asked why the county’s junk ordinance was not enforced and Chair Bischoff explained that it was complaint-driven.  Dale Hansen, West Weber, stated that their biggest problem was irrigation water in that area, that development inhibited their water. Shari Nielsen, Taylor, asked about implementing impact fees to help those in agriculture, if it was possible to designate a certain number of lots or building permits in a certain area per year to cut down on development, if the C-1 zone for the commercial village included ½ acre lots, and if hookups on sewer had been dealt with. The commissioners addressed Ms. Nielsen’s questions. Scott Wayment, Warren, stated that not too many people owned much frontage in Warren, thus not many building lots had been available. He did not disapprove of growth and said that a lot of younger people did not want to buy as large as a 1-acre lot. Mr. Wayment said that even if the perk tests showed that the natural flow system would suffice, the people were being forced to put in the expensive pumping systems and it became almost cost prohibitive. He also stated that if the Legacy Highway comes in 30-40 years, it ought to be planned for. Dave Fowler, Taylor, said that the Taylor residents felt strongly about not having the Legacy Highway in their area, they did not want a corridor, nor anything even penciled in on the plan. Additionally, they did not want dense housing, they wanted no less than 1-acre lots. When Taylor residents were surveyed, 98% wanted the rural lifestyle–less housing, more open space, no curb and gutter, and no commercial development.

Chair Bischoff asked how many of those surveyed were landowners and how many owned more than 1-acre and Mr. Fowler did not know. Gene Atkinson, West Weber Planning Commission, stated that Landmark’s proposed plan had captured consensus, as close as was possible. He read a letter from the Planning Commission stating its represented a majority of West Weber’s citizens and all seven members had signed it. The letter stated that the 1-acre minimum lot size requirement for unincorporated western Weber County had been the standard since 1958, that it was a defining characteristic of that area and represented the value of preserving open space. Other desirable concepts included cluster housing, rezoning C-2 properties to C-1, eliminating the Legacy Highway from the general plan, and improving existing transportation options. Lyle Earl requested keeping the 1-acre zoning for safety of children, etc. He said that water pressure was the biggest current problem in the home. Neil Davis, Reese, wished to keep the 1-acre zoning. He said that about 2/3 of their community had animals and the residents had concerns with less acreage than that. He suggested that cluster housing be an option and not be made mandatory.

Sally Neill from the southern part of unincorporated Weber County said that she volunteered for Weber Pathways and as trails chairman had seen what other communities were doing related to developing new trails, promoting open space, etc., and it appeared people wanted the open space and the rural atmosphere but they also wanted 1/4 acre lots, which were not compatible. One way to bridge this might be to create open land areas through development requirements, pathways that go through developments, places where children can ride bikes safely, etc. Currently, in these unincorporated areas the roads are not particularly safe–there are no berms and they are not conducive for children on bicycles or horse traffic. Ms. Neill recommended creating trails and corridors that ultimately could connect the entire western part of the county together and stated that Weber Pathways was available to help. Cathy and Dave Hess asked who would take care of open space in cluster developments, how many acres it took to cluster, and said that on the master plan there were no firestations, police, recreation, etc. The commissioners and Craig Barker, County Planning Department Director, addressed their questions including that the community center was where the firestations and other improvements will go ultimately when the population necessitates it. Commissioner Cain said that the suggestion in the proposed plan was that a 10-acre parcel or greater be mandated to have a cluster subdivision. From discussions, the property owners did not want anything mandated, however, it did not preclude an owner from doing so.

Lane McFarland, West Weber, felt that not enough had been said about cluster housing tonight and, even though he was hearing the majority wanted to stay more rural and with 1-acre lots, the idea of cluster housing was a good compromise, but he did not agree with mandating it. Mr. McFarland said that he could not see through the 1-acre subdivision across the street from his home, thus the term open space and 1-acre lots did not go together. He would like to see open space around a subdivision but it needed to be maintained. He pointed out that the majority did not want Legacy Highway through western Weber County. Mr. Barker stated that 4700 W. currently was both an 80 and a 100 ft. right-of-way. This arterial road has been on the plan since the early 1970's and 3500 W. has been maintained as an 80 ft. right-of-way. A 100 ft. right-of-way can have four lanes (two lanes each direction), a turning pocket, side parking and a small park strip between (gutter, if available) and the property line. Chair Bischoff felt that perhaps calling it the Legacy Highway was a stigma for people. He said that instead of designating a Legacy Highway corridor that needed to be purchased, this arterial road already existed and was adequate–it would accommodate additional lanes and would simply connect to Legacy Highway. Commissioner Burton, WFRC Chair, pointed out that the WFRC was looking for a corridor but were leaving it to the local communities to try designating the route. Commissioner Cain felt that it was important to have discussions on the impact of the Legacy Highway’s traffic through western Weber County on area residents in order to configure it more prudently for the future. Commissioner Burton pointed out what was currently in the transportation plan and the connecting improvements already underway (i.e., the Midland Dr. connecting on to the interstate, the 31st Street improvements, Highway 89, and 1900 W.), including commuter rail.

Mr. McFarland was concerned about the heavy truck use to/from the large proposed industrial area and that it needed to be addressed. Commissioner Burton indicated that this was on the long range improvement plan. Carol Gibson, West Weber, pointed out that there were other possible arterial roads such as 1900 W. and the road from Hooper, in addition to 3500 W. and 4700 W. She said that when the Highway Legacy process began, 5100 W. had been chosen and the idea was that it was farmland and could be purchased cheaper, that it did not have anything to do with the wishes of the people. Commissioner Cain felt said that the planners of the WFRC had chosen 5100 W. as a result of the public hearings held in 2001. Hooper has preserved a 228 ft. corridor on 5100 W. to bring the Legacy Highway from Davis County into Weber County. Dustin Russell, Taylor, lives in the area because of the rural atmosphere and outlined his definition as having space and feels the 1-acre lot allows that. Greg Scott of the WFRC stated that the corridor had been planned to put what was required in the current master plan and more than four lanes would be needed to try diverting traffic that far south through the neighborhood. He had the final report on the corridor study and indicated that every community had been involved and they had been in charge. Chair Bischoff stated that regardless of the alignment, the county had no funds to purchase it. Commissioner Cain asked Mr. Scott about the traffic projections and would like to know the difference between what a regular divided 4-lane should bear and what the Legacy is intended to bear upon completion. Mr. Scott he will get that information to the Commission.

Gene Atkinson had been on the last North Corridor Legacy Study Committee that was completed, representing West Weber, and had attended all the meetings except one. He said that the one he did not attend was the one the WFRC purposely had not invited them to. They had subsequently apologized for it and it was on public record. The line from about West Haven’s boundary to 12th Street had been drawn without their community’s input. Chair Bischoff asked for clarification and Mr. Atkinson stated that they admitted they had not invited them to the last meeting when their community was being considered, that they had not forgotten to notify them, but there had been no public notice sent to their Planning Commission. He felt that the 4700 W. alternative was a possibility if the remainder of the grid was strengthened and the rest of the roadways were improved. Commissioner Cain asked if under that plan many of homes would be destroyed along 4700 and Mr. Atkinson replied it would and that other alternatives would need to be planned.

Vaughn Allen, Taylor, stated he farmed for 45 years and was in favor of the rural life style and against cluster homes. Tom Molin, Taylor, stated he was in favor of the rural atmosphere and it should remain as such, and was against cluster homes. Ray Allison, Taylor, had driven a school bus for 34 years and was against condensed housing because of the negative impact on the youth. John Degiorgio, West Weber, stated that when I-215 was put in there had been no development in that area and now Salt Lake City needed a road west of it to accommodate the traffic and development. He asked why not put a road further west of I-15 than was proposed. Commissioner Cain had asked that question and had been told that it was due to the sensitive lands.

Wayne Gibson, West Weber, stated that when the very first study about Legacy had been done, the commissioners of that time fully supported not having that highway for a few reasons which included that it would impact negatively on agriculture. Commissioner Cain indicated that just before coming into office at an orientation meeting, one of those commissioners had said to be sure and preserve a corridor for the Legacy Highway. Mr. Gibson said he was ashamed that former Commissioner Anderson and he had put the ribbon on the map for the first study. This had not been to locate it on 5100 W., but the route followed a (salt grass) route further west. However, West Haven did not accept it. Mr. Gibson said that even if a 4-lane highway goes on 4700 W., a tremendous amount of agriculture would be disrupted, either with road base or the drains that are there, and water rights and canals were dependent upon those things. The rural life style is at risk anytime such a highway is put in. Mr. Gibson who was granted an Agriculture Protection Area designation a couple of years ago, stated that these designations were helping the farmers, however, if the Legacy or something like it comes through, these agriculture protection areas would be worthless because they would lose too many acres and could not survive in that environment. Commissioner Cain stated that there would be traffic coming through from Salt Lake and Davis Counties and asked what was to be done with it, however, there was no answer to this question. Jody Manning and Jamie Mathis, West Weber, stated that 4700 W. fronted her property. Widening it would make it a lot busier than it already was with Fremont High School in session. It was already quite difficult to take farm equipment on 4700 W. The river runs behind their property and they expressed strongly not wanting trails there.
Commissioner Burton moved to adjourn the public hearings and reconvene the public meeting; Commissioner Cain seconded, all voting aye. 5.

6. Action on Public Hearings:

K.2. - Public Hearing to Increase Number of Bed & Breakfast Sleeping Rooms - Ordinance 2003-2
Commissioner Burton moved to adopt Ordinance 2003-2, amending the Zoning Ordinance, Chapter 1, General Provisions, Definitions, Chapter 12, Forest Residential FR-1, and Chapter 12-B, Forest Valley FV-3 to allow for two additional sleeping rooms in a bed and breakfast inn, with the existing conditions (acreage); Commissioner Cain seconded.
Roll Call Vote
Commissioner Cain aye
Commissioner Burton aye
Chair Bischoff aye

K.3. - Public Hearing on Master Plan - Future Development of Fort Buenaventura
This item required no action.

K.4. - Public Hearing - West Central Weber County General Plan - Ordinance 2003-2

The commissioners thanked everyone for all their comments which helped them better understand the desires of the people. A lot of input was received tonight and the commissioners wished to continue to study this item in trying to reach a decision. No action was taken.

L. Adjourn
Commissioner Cain moved to adjourn at 9:30 p.m.; Commissioner Burton seconded, all voting aye.

KENNETH A. BISCHOFF, CHAIR LINDA G. LUNCEFORD, CPO
WEBER COUNTY COMMISSION WEBER COUNTY CLERK/AUDITOR