DRAFT

 
MINUTES

 OF THE REGULAR MEETING OF THE

TOOELE COUNTY PLANNING COMMISSION

HELD DECEMBER 04, 2013

 

 

            Chairman Julie Pawlak called the meeting to order at 7:00 p.m.  The time, place and agenda of the meeting had been provided to the Tooele Transcript Bulletin and to each member of the governing body by delivering copies of the notice and agenda at least two days before to each of them.

           

                                                                                   

1.         ROLL CALL.  The Chairman called the roll which showed Jill Thomas, Bryan Coulter, Julie Pawlak, Bill Hogan, and Martie Leo.  Also present were Jerry Houghton Tooele County Recorder, Mark Nelson Deputy County Recorder and Scott Broadhead Tooele County Attorney. 

 

            Jerry Houghton made a presentation recognizing Bill Hogan’s eight years of service on the Tooele County Planning Commission.   This will be his last night on the Planning Commission.  

 

 

2.         PUD 2013-7 PRELIMINARY PLAT FOR STANSBURY PLACE PUD PHASE 4, LOCATED NORTH OF CHRISTOPHER STREET BEING AN EXTENSION OF ELIZABETH STREET AND FIRESIDE LANE.  Jerry Houghton presented the Staff report.  The applicant has worked with staff to address the red line comments.  The Fire District commented that they have some concerns about the fire hydrant placement phase three.  The applicant has indicated they will work with the district as part of the construction drawing review.   Staff recommends approval of the preliminary plat and the final plat for Stansbury Place PUD phase 4.  Bill asked about how far away this is from Highway 138.  Spencer Moffat from the Boyer Company stated there is a grant for 2016 from UDOT funds to connect Village Boulevard to SR138.  Bryan Coulter made a motion to approve the preliminary plat for Stansbury Place PUD Phase 4.  Jill Thomas seconded the motion.  All concurred.

 

3.         PUD 2013-7 FINAL PLAT FOR STANSBURY PLACE PUD PHASE 4, LOCATED NORTH OF CHRISTOPHER STREET BEING AN EXTENSION OF ELIZABETH STREET AND FIRESIDE LANE.  Bryan Coulter made a motion to approve the final plat for Stansbury Place PUD Phase 4.  Jill Thomas seconded the motion.  All concurred.  

 

4.         PUD 2013-8 PRELIMINARY PLAT FOR BENSON MILL CROSSING PHASE 8 PUD, LOCATED BETWEEN ROCKWOOD WAY AND STANSBURY PARKWAY AND STANSBURY PARKWAY, NORTH OF BRIGHAM ROAD  Jerry Houghton presented the staff report.  Staff recommends approve of PUD 2013-8.  It is consistent with the phases that have been going in there.  Bill asked about the basements and the drainage system.  Bill wants the buyer to be made aware of that system at closing so they know about what they are getting into.  Bill Hogan made a motion to approve the PUD 2013-8 preliminary plat for Benson Mill Crossing Phase 8 PUD.  All home owners are made aware of the homeowners association and the drain.  Bryan Coulter seconded the motion.  All concurred. 

 

5.         PUD 2013-9 CONDITIONAL USE PERMIT OF UTILITY TRANSMISSION LINE THAT EXTENDS MORE THAN 300 FEET, LOCATED WEST OF STATE ROAD 36 JUST SOUTH OF TOOELE CITY MUNICIPAL BOUNDARIES.  Jerry Houghton presented the report.  The applicant is Rocky Mountain Power.  The applicant is upgrading the line.  Rocky Mountain Power is adding another tower to their permit.  Martie Leo stated that as a former employee of Rocky Mountain Power she has no financial interest and there is no conflict.  Staff recommends that they approve the conditional use permit.  Bill asked about the stipulation that there was an oversight that all the regulations are followed.   He wants to make sure there is oversight on this.  Micky Beaver and Susan Jensen with Rocky Mountain Power stated it is a connection with the Motor Oquirrh line and will connect to the Tooele City substation.  This is a totally different project.  Micky Beaver presented a description of the project to the Planning Committee.  The new line will be additional capacity and additional reliability for the valley. Bryan asked about the property owners.  Bill Hogan made a motion to approve PUD 2013-9 conditional use permit as outlined in the presentation PUD 2013-9 transmission line extending to Tooele City.  Bryan Coulter seconded the motion.  All concurred. 

 

 

6.         CUP 2013-11 CONDITIONAL USE PERMIT FOR A KENNEL USE LOCATED AT 926 BATES CANYON ROAD   Julie Pawlak stated that the applicant,  Miss Woods, did come over to her kennel to talk to her husband.  She and her husband did not discuss what was said between the applicant and her husband.  Julie’s husband told the applicant that his wife is on the Planning Commission and that they could not talk too long. Julie wanted to disclose that the applicant did stop by.  Jerry Houghton presented the report.  The zoning is RR-5. Applicant applied for the CUP for both boarding and breeding of dogs.  The kennel will include fifteen indoor and outdoor kennels.  This will also include a small retail and grooming area.  Hours of operation are Monday thru Friday from 9-6 and Saturday 10-4.  Applicant explained they would put in a septic tank and cement flooring.  The code allows for a kennel use thru a conditional use permit.  Julie asked questions about the dogs being outdoors and the hours of operation.  Jill asked about business hours, that the by appointment hours need to be respectful of the neighbors.  The conditions are:  1) the number of animals on the property cannot exceed thirty animals; 2)hours for appointment will be from 8 a.m. to 9 p.m.; 3)no animals outdoors if no one is home; 4)no animals are allowed to be outdoors from 10 pm to 6 a.m.; 5) building should be 100 feet and 150 feet from the nearest dwelling;  6) no odors beyond property line; 7) separate septic tank for the kennel; 8) rodents and insects need to be controlled.  Bryan Coulter made a motion to approve the CUP-2013-11 with the conditions outlined in the CUP.  Bill Hogan seconded the motion.  All concurred.  

 

 

7.         RECESS THE PUBLIC MEETING AND OPEN THE PUBLIC HEARING.  Bill Hogan made a motion to recess the public meeting and open the public hearing. Martie Leo seconded the motion.  All concurred.     

 

8.         PUBLIC HEARING 

            Marilyn Shields, Bob Shields, Glenn Oscarson, Randall Jones, Spencer Moffat, Sheila       Wood, Micky Beaver, Susan Jensen and Wade Haldlock were also in attendance. 

 

9.         VAC-2013-3 VACATING THE PUBLIC DEDICATION AND USE OF APPROXIMATELY 1.26 ACRES OF TOOELE COUNTY OWNED PROPERTY LOCATED SOUTH OF AND ADJACENT TO BRIGHAM ROAD NEAR THE BENSON GRIST MILL IN STANSBURY PARK.  Jerry Houghton presented the report.  The applicant is Tooele County.  The proposed use is to surplus county property. They want to vacate the property to the west of the drainage cannel.  The total piece is 3.37 acres.  The Planning Commission may recommend to the Board of County Commissioners the vacation of the public dedication and use of the property.  If the Planning Commission is satisfied that the public will not be materially injured by the proposed vacation and that there is good cause for the vacation.  That is the staff recommendation.   Bill Hogan asked “what is the cause for the vacation”. Jerry Houghton stated that “This property will be used as part of a transaction to unwind some other property transactions”.   This will be part of a land trade.  This piece of property will be traded for a piece of property down by Deseret Peak. 

 

            Glenn Oscarson, Stansbury Service Agency Cemetery, stated this was dedicated to be used for public use.  The cemetery is 2 acres and the other adjacent property is owned by the Tooele School Board.  It is planned to be a school in the future. The property was acquired thru a quit claim deed to be used for public use.  This should be used for the expansion if the cemetery needs to be expanded. 

           

            Bryan Coulter asked what they would do with the property.  Jerry Houghton has not heard of what the property is going too used for. 

 

            Commissioner Milne asked to address the Planning Commission.  Commissioner Milne explained that the previous Commissioners had made a Commercial PUD with some individuals with the intent of using the property for commercial use.  The property is across the road near Highway 112 from Deseret Peak, against the Army Depot’s  northern boundary on the Southside.  It was a partnership with Tooele County and some other interested parties.  The plan, at the time, was to make the property a Commercial PUD for commercial use. It was at the time an obligation of Tooele County to provide infrastructure.  The recession hit and the financing was not available.  Tooele County found itself needing to not spend cash the way they had before. Tooele County found itself not having the cash on hand to make those capital improvements that were needed to uphold our end of the bargain with the partnership.  The interested parties grew impatient over the years of waiting. The investors made some reasonable demands.  Tooele County had to meet the demands to get out of the contract.  Their legal remedy was to either sue or meet the demands.  Last year the informal proceedings started.  Our legal team and their interests tried to determine a non cash way to get out of the situation. Tooele County is trying to avoid the same situation that Tooele City is in.  So this is one little part of the situation with some other assets and some landholders. Some has been taken from tax liens, in addition to other assets.  This is one fraction.  They wanted the whole section and we got them to back off.  After many months of negotiations and considerations this was the tolerable but not preferable compromise.  The residents and  Stansbury Park Recreation District expect this part to be left alone. You have to understand that this area is intended to be part of the cemetery, a school and some shopping areas.  We find ourselves in a situation that we are trying to get out of in a noncash way.

 

             Bob Shields Stansbury Park and his wife Marilyn Shields were part of the original restoration of the Benson Gristmill.  All the property was donated by Lucadia to be with the stipulation that in five years it would be used in the restoration of the Benson Gristmill.  Marilyn Shields worked for twenty five years, some part time, with no benefits.  Marilyn Shields asked the County to provide a perimeter around the area so it would not be developed.   The County was able to acquire this piece of property in a three way trade with Lucadia with the stipulation that it would not be sold.  Bob explained that Commissioner Clegg talked to him about putting in a stake to square off the property.  They also discussed that the canal is in active drainage.  Anything you do needs to be approved by the Corp. of Engineers.  The shop has a bathroom in it and the water and the sewer line go down to Brigham Road.  So you have to accommodate these kinds of things.  When Bob saw the drawing all of a sudden it had been put on the other side of the ravine.  He is concerned about that from the stand point of losing this area as a barrier as far as public access in concerned.  The developer with Commissioner Clegg stated that they are planning on putting a senior housing in there.  This is a little bit of information that he can provide for the Planning Commission. The drainage part of it is from the damn from the millpond and part is springs that are in the area that flow all the time.  Bob stated that he talked to Jim Ward that was with Lucadia at the time when the trading and giving was done.  He asked Jim Ward if there were stipulations as far as not selling the property and he said defiantly.   He said he cannot remember the boundaries that they were talking about, that the three parties traded the property.

 

            Commissioner Milne stated that they were not aware of the stipulations on the property.  That he would love to have the attorney look into this legally.  They are not trying to ram this down any ones throat.  They are trying to deal with a sticky situation.  He respects what everyone has done for the Benson Gristmill and all their hard work.  It is a good focal point for the neighborhood and community.  He felt personally challenged about what you said about Marilyn.  We universally appreciate you and your entire group.  Bob really is humble when he said he has been mowing the lawn. He has done that for free for our citizens all summer long.  These folks have done a great job and we are not trying to bamboozle them.  I think in light of that legal requirement perhaps that we do not want to run afoul with anything.  Commissioner Milne asked legal counsel if he had any advise while we contemplate this.  Scott Broadhead, Deputy County Attorney, had no advice right now.  He needs to look at the time table with the other parties.  They need to have a chance to look at it.

 

            Wade Hadlock Stansbury Park is against vacating the public dedication of the road. His relatives help build the Benson Gristmill in 1854.  Not only do Stansbury residents use the Benson Gristmill but so do the county and the state.  The county might be in a sticky situation but this is bad for planning and zoning.  It is open space around there.  The lot next to it is big enough for an elementary school.  His son is in a portable class room at school. They are in need of a bigger school.  The Benson Gristmill does get loud when they are getting ready for a play.  The sheriff has been called for the noise already.  If you put the senior housing there they will complain.  It will not be a good fit.  He would like to have the planning commission deny it, not table it. We do not need to give up history and family heirlooms. 

 

            Randall Jones, Trustee Stansbury Service Agency, stated on the development agreement on the plat it does say this land was set aside for the perpetual use for the public and that if it is developed that is not for public use.  If the Planning Commission vacates it then it opens it up for them to put anything in there.  It will not be consistent with the planning in that area. As a service agency representative we are opposed to vacating the public dedication.  This is not a good use for that piece of land. The slue next to this piece of land is a mosquito haven and has been tested positive for West Nile Virus.  To put seniors next to this is not a good idea.

           

            Marilyn Shields said thank you for allowing us to talk tonight.  She was one of the original people who got the project going.  For a number of years it has been her life. She has a special place in her heart for this historic site.  When we first envisioned this there were not the homes around it or the structures.  They worked hard to keep a buffer around the Benson Gristmill.  It is a wonderful place and it is a treasure for Tooele County.  It has been a delight to work down there. I was able to meet people from all over the world and people that have just moved here.   As we watched things grow and develop we think we laid the foundation for what would become a beautiful place down there.  It was our vision that we would have enough property down there to be a mini state park.  As we talk about the pioneers they are our heritage for all of Tooele County. We talked about the open spaces they had and the vision for this site.  It has been 25 to 30 years now and we have only developed a small portion of this area.  We have worked closely with the Tooele County Commissioners which have been very supportive giving us additional property that we were able to use as time went on and budgeting would allow.  It was able to give us a pretty good chunk of land to do this with.  Taking this piece of land and using it for events for thousands of people to attend. One of the things I would be against is having a development down there in that corner such as some type of structure.  When you get on the top of the Mill and look out, we point at the different aspects of what is on that property and what used to be.  We point out the Tannery and the Bowery that used to be there.   All that history that we can explain and teach tour guides.  We had events on the lot.  This land, that basically Tooele County has given the citizens of Tooele Valley, is for talking about their heritage.                                             

                      

10.       RECESS THE PUBLIC HEARING AND OPEN THE PUBLIC MEETING.  Bill made a motion to close the public hearing and open the public meeting.  Bryan seconded the motion.  All concurred. 

 

11.       VAC-2013-3 VACATING THE PUBLIC DEDICATION AND USE OF APPROXIMATELY 1.26 ACRES OF TOOELE  COUNTY OWNED PROPERTY LOCATED SOUTH AND ADJACENT TO BRIGHAM ROAD, NEAR THE BENSON GRIST MILL IN STANSBURY PARK  Bill from looking at this piece of property, as far as zoning and putting things where they go and how stuff is organized there that this would be an abnormal thing to put something in there other than for public use.  With the perpetual use for the public that it has on the plat he would have a hard time vacating the property.  Bryan stated that next to the Benson Gristmill it is a treasurer and you guys have done a wonderful job with that.  As you encroach on that it is forever.  We do need to honor our pioneer’s heritage. He would have a hard time putting other structures in there also.  Jill Thomas made a motion to deny VAC-2013-3.  Bryan Coulter seconded the motion.  All concurred. 

 

12.       PUBLIC CONCERNS.

 

 

13.       ADJOURNMENT.  Bill made a motion to adjourn the meeting at 9:13 p.m. Jill seconded the motion all concurred.