MINUTES OF THE WASATCH COUNTY COUNCIL MARCH 17,2O2I
The Wasatch County Council met in a regular session by a live and Zoom meeting at 3:00 p.m. and the following business was transacted.
PRESENT LIVE: Chair Mark Nelson Marilyn Criuenden Kendall Crittenden Steve Farrell Spencer Park
PRESENT BY ZOOM: Danny Goode Jeff Wade
OTHERS PRESENT IN THE ROOM: Wendy McKnight from the Clerk's Office Mike Davis, the Wasatch County Manager Dustin Grabau, Assistant Wasatch County Manager
OTHERS PRESENT BY 7,OOM: Doug Smith, the Wasatch County Planner Austin Corry. the Assistant Wasatch County Planner Randall Probst, the Wasatch County Health Director Scoft Sweat, the Wasatch County Attomey Rick Tatton, Court Reporter Jon Woodard. the Deputy Wasatch County Attorney
PRAYER: Councilman Steve Farrell
PLEDGE OF ALLEGIANCE: Led by Chair Mark Nelson and repeated by everyone
Chair Mark Nelson then called the meeting to order at 3:00 p.m. on March 17,2021and indicated that all the Wasatch County Council are present in the room with the exception of Councilman Danny Goode and Councilman Jeff Wade who is on Zoom. Chair Mark Nelson then called the first agenda item.
I OPEN AND PUBLIC MEETING AFFIDAVIT
The Open and Public Meeting Affidavit was made a part of the record.
LEGISLATIVE ISSUES FOR FUTURE MEETINGS
Chair Mark Nelson then asked if there are any legislative issues for future meetings and there was none
ADMINISTRATIVE ISSUES FOR FUTUR.f, MEETINGS
Chair Mark Nelson then asked if there are any administrative issues for future meetings
PUBLIC COMMENT
Chair Mark Nelson indicated that this is an opportunity for the members of the public who would like to make a public comment for something that is not on the agenda today and there was none.
Councilman Kendall Crittenden made a motion to leave our regular session and go into the Wasatch County Fire District. Councilman Steve Farrell seconded that motion and the motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Marilyn Crittenden AYE: Kendall Crittenden AYE: Steve Farrell AYE: Jeff Wade, by Zoom AYE: Spencer Park
NAY: None.
WASATCH COUNTY FIR[, DISTRICT
DISCUSSION AND CONSIDERATION OF A WASATCH COUNTY FIRE DISTRICT RESOLUTION 21-OI CREATING A FIRE ADVISORY COMMISSION.
Board Member Steve Fanell indicated that we had this resolution that we are ready to get passed which is Resolution 2l-01 and we asked the commiltee to take it back and work out some of the concems and apparently that has been done.
2 Board Member Spencer Park indicated that the resolution went through the committee and agreed on some issues and sent it back to the attomey's office who fine-tuned the resolution and reviewed it and sent it back to the committee. Councilman Steve Farrell indicated that we got that final review about an hour ago and that will be the one that the Governing Board will be voting on.
Board Member Mark Nelson indicated that he has a comment that he would like to make. Some time ago an advisory board was created for the Fire District which has been highly effective in my opinion and has done lots ofgood things. We now are discussing a Fire Advisory Commission and the language contained in that resolution is a little bit unclear and ambiguous. Also an advisory board already exists and has been doing a greatjob and can continue without this Goveming Board doing anyhing. This isn't an administrative control board and doesn't give any significant authority to the advisory board more than it already has and really not sure what this accomplishes or why it is necessary.
Board Member Kendall Crittenden indicated that this could very well be a step toward to making an administrative control board. Board Member Steve Farrell indicated that this would give the Council a comfort level in whether they would go to an administrative control board and action such as this can be changed by a vote ofthe Council at any point and time if it is not working. This should be given a try and let's see how it works out. Also the Fire Advisory Commission will be the members of this Fire Advisory Commission and myselland Board Member Spencer Park who will not be on that commission or be a voting member. Also a council member should be an interface between this groups.
Fire Chief Emie Giles indicated that he hasn't had a chance to look at this resolution. Also there is a paragraph that is talking about a payment or compensation and don't feel like that is necessary because this is a recommending board. Board Member Steve Fanell indicated that compensation is something that would have to be decided if it is necessary.
Board Member Steve Farrell indicated that lets give Fire Chief Ernie Giles an opportunity to look through this new draft and table this matter to the end ofthe calendar. We need to make a decision one way or another because it has been dragged out long enough.
Board Member Steve Farrell made a motion that we table this matter until later in the agenda after the Chief and the Director of EMS gets a chance to read the final document. Board member Kendall Crittenden seconded the motion and the motion carries with the following vote:
AYE: Board Member Mark Nelson AYE: Board Member Marilyn Crittenden AYE: Board Member Kendall Crittenden AYE: Board Member Steve Farrell AYE: Board Member Jeff Wade, by Zoom AYE: Board Member Spencer Park
3 NAY: None.
Board Member Kendall made a motion to come out of the Fire District and go back into our regular session. Board Member Spencer Park seconded the motion and the motion carries with the following vote:
AYE: Board Member Mark Nelson AYE: Board Member Marilyn Crittenden AYE: Board Member Kendall Crittenden AYE: Board Member Steve Farrell AYE: Board Member Jeff Wade by Zoom AYE: Board Member Spencer Park
NAY: None.
REGULAR SESSION
APPROVAL OF THE MINUTES FOR MARCH 3,2O2I
Councilman Kendall Crittenden made a motion and indicated that he has read through the minutes and they look good to him so I would move that we approve the minutes for March 3,2021 as written. Councilman Jeff Wade by Zoom seconded the motion and the motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Marilyn Crittenden AYE: Kendall Crittenden AYE: Steve Farrell AYE: Jeff Wade by Zoom AYE: Spencer Park
NAY: None.
The record should show that Councilman Danny Goode hasjoined the Council via Zoom
COUNCIL
WASATCH COUNTY IIEALTH DEPARTMENT UPDATE
Randall Probst, the Wasatch County Health Director, addressed the Wasatch County Council and indicated that things are looking good. The case count is trending in the right direciion. Wasatch
4 County has now moved into the moderate transmission level. The testing is continuing at both the hospital and Test Utah continues to come on Monday and Tuesday. The testing numbers are down. The vaccination clinics are continuing to go extremely well and able to use up all ofour vaccines in the week that we get it. Also are giving second dose of vaccines now. We are now taking people fifty and over for vaccination. Also in the frrst of April there will be additional vaccines available. On April 1Oft legislation was passed to change the mask mandate and would hope that would pretty much match the matrix. With regard to doses that Wasatch County is putting out that is about 1600 doses that will be put out next week and 700 of them first timers. Cunently the places that are providing this vaccine in our community is Smiths getting 100 doses a week. Walmart gets 200 doses a week. Lees has getting 100 doses, fudley's will receive vaccine once Johnson and Johnson starts to supply the vaccine and nothing can be done to change the federal contract regarding Ridley's. Also the 1600 doses are separate lrom the doses received by the businesses that I just indicated. Also for individuals that are going to private vendors they might incur an administration charge but for the vaccine there is no charge. Also there has been plenty ofvolunteers helping and this week we have four national guard members who will be helping us. Just remember to wash your hands, distance appropriately. wear a mask, and stay home if you are sick.
DISCUSSION/PRESENTATION ON MIDWAY ARTS CENTER
Chair Mark Nelson indicated that different groups in Wasatch County have been talking about a future performing arts center for many years already. fught now there are two efforts going on and we will hear a presentation this evening with regard to one which is the Midway Arts Center.
Sue Waldrip, President of Midway Arts Center who lives in Midway, addressed the Wasatch County Council and gave an extensive power point presentation along with a video. Dan Luster. a developer that lives in Midway, has been trying to help get property for an arts center which would be south of the Memorial Hill that is in Midway which would include a European Village and has purchased 28 acres along Midway City Main Street just south of Memorial Hill. Zoning changes need to occur for something like this to happen and at the present time working with Midway City CounciI members and Midway City Planning Commission members so that they can give approval and make this happen. If these changes occur Dan Luster will donate some ground for a Midway Arts Center to be built on. There has been lots of preparation done to possibly make this Arts Center occur. Laura Wardle from the Arts Center committee indicated that funds for such an Arts Center will be from private donors and donations. The funds for the maintenance of such a Center will also be all from private donors and donations. Sue Waldrip indicated that they are not going to ask the County for financial support but would like a letter ofsupport prepared.
Councilman Steve Farrell wondered il Wasatch County is large enough to have two art centers. Failure would occur to try and have two art centers but timing is the issue. Also a lot of logistic problems are involved with this. Also high density and water issues. Sue Waldrip indicated that the County is large enough to supportjust one art center. Also Midway City is looking at an overlay instead of a zone change. The decision from Midway City is approximately forty-five days away.
5 Councilman Danny Goode indicated that he agrees with what Councilman Steve Farrell has indicated that it is timing and I am also a very big supporter of the arts because back in Texas where I am from I have participated in theater and other types of functions relating to the arts. Also these two art groups need to work together because it takes an awf,:l lot ofpeople to make something like this happen and get everybody on the same page. Also would support something like this ifeverybody is on the same page.
COWBOY POETRY PRESENTATION
Diane Pope, fiom Cowboy Poetry, addressed the Wasatch County Council and indicated that we will be having Cowboy Poetry this year. There is some good entertairunent coming. In the year 2019 we had a fabulous year because top entertainers were brought in. Tom, from Cowboy Poetry, who handles the financial part of Cowboy Poetry addressed the Council and indicated that financially 2019 was a really good year. There is a risk because other entertainers have to be booked. Also there is a problem with seating capacities due to COVID. The Bar J Wranglers are plaruring on coming one more time before they retire because they sold their ranch and are retiring. Shenandoah will be here to perform. Also we have adequate financial reserves to handle things that come up. Also we need to have Wasatch County's support also. We had a very strong stream in 2019. We have Heber City's support as well as Midway's support and the Chambers support at $15,000.00 and the others at $10,000.00 and would ask that you support us with a donation of $10,000.00.
Councilman Danny Goode indicated that he is supportive of giving them $ 10,000.00 but this needs to be put on another agenda where it is noticed before we vote and we could put it on the agenda for the f,rrst meeting which is April7.2021. Mike Davis, the Wasatch County Manager, indicated that we included the money to the Chamber to pay that. Also the $10,000.00 wasn't budgeted for this year but the $15,000.00 to the Chamber was budgeted.
Chair Mark Nelson indicated that Cowboy Poetry is one of the things that define Wasatch County. Councilman Steve Fanell indicated that he won't be here for April 7 but will have a yes vote for that support.
councilman spencer Park made a motion to leave our regular session and go back into the Wasatch County Fire District. Councilman Kendall Crittenden seconded the motion and the motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Marilyn Crittenden AYE: Kendall Crittenden AYE: Steve Farrell AYE: Jeff Wade, via Zoom AYE: Danny Goode, via Zoom
6 AYE: Spencer Park
NAY: None.
WASATCH COUNTY FIRE DISTRICT
DISCUSSION/CONSIDERATION WASATCH COUNTY FIRE DISTRICT RESOLUTION 21-01 CRATING A FIRE ADVISORY COMMISSION.
Fire Chief Emie Giles indicated that in reading this and looking at A-1 through 5, I would like if it is similar to the Planning Commission something like that. This is what we did with this advisory board. The Fire Chief ought to have some say of the people that is on this board other than just the goveming board appointing them. What should be added in there is recommendation by the Fire Chief and approval by the Goveming Board. Councilman Steve Farrell indicated that he doesn't have a problem with that. Councilman Kendall Crittenden indicated that he doesn't have any problem with adding that language but only add that language to three, four and five. Fire Chief Emie Giles indicated that with regard to A-l and A-2 to have a Councilman that could keep a continuity between this board and the Council. Councilman Spencer Park indicated that we figured that we would take recommendations on who would be on this board lrom maybe the existing advisory board but would take recommendations from anpvhere because wherever the recommendations come from it would be appointed. Also have no problem with adding what the Chiefhas indicated as long as it says just recommendations. Councilman Danny Goode indicated that it would be like when Mike Davis brings the names before the Council and then the Council approves them what we are looking at. Chief Ernie Giles indicated that is what he would like to be done and was done with this advisory board. Councilwoman Marilyn Crittenden indicated that she would like to see all the applications that would be for that board. Councilman Spencer Park indicated that he wasn't to be involved in the RFP process for number fwo and only see the value in number three. Councilman Steve Farrell indicated that he sees the value in three, four and number five and possibly two. So it would read with a recommendation from the Fire Chief and the commission for 2,3, 4 and 5. Compensation would be for additional work load and expertise required here we would just pay the one individual but need to know what he will do and what it is going to cost us.
Chair Mark Nelson indicated that with regard to his comments at the first I don't feel any different and okay with this being passed because it is a step forward.
The appropriate language that the Goveming Board agreed to was added to the document for 2, 3, 4 and 5. councilman Danny Goode raised some concems with No. 2, where it says goveming board and then fire board and think those are interchangeable but we should be consistent with the language just so we don't get confused. Scott Sweat, the wasatch county Attomey, indicated that he went through and caught those things regarding it.
7 Board Member Spencer Park made a motion that we approve Resolution 21-01 creating a Fire Advisory Commission. Board Member Dannv Goode seconded the motion and the motion carries with the following vote:
AYE: Board Member Mark Nelson AYE: Board Member Marilyn Crittenden AYE: Board Member Kendall Crittenden AYE: Board Member Steve Farrell AYE: Board Member Jeff Wade, via Zoom AYE: Board Member Danny Goode, via Zoom AYE: Board Member Spencer Park
NAY: None.
Fire Chief Emie Giles asked are these going to be recommended or appointed or how is that going to lay out. Board Member Steve Farrell indicated that we can take care of that at the next Fire Board meeting. We have assumed that the existing members of the advisory board will fill the slots with the exception of No. I and No. 2. We will need to decide who is going to represent the board from the Wasatch County Council or the governing board as well as the financial individual. The committee that has been appointed should work on an RFP for the financial person so we know what they are going to be doing.
The record should show that Councilman Danny Goode left via Zoom for another appoinlment.
Board Member Spencer Park made a motion thatwe leave the Governing Board for the Fire District and go back into the regular Wasatch County Council agenda. Board Member Kendall Crittenden seconded the motion and the motion carries with the following vote:
AYE: Board Member Mark Nelson AYE: Board Member Marilyn Crittenden AYE: Board Member Kendall Crittenden AYE: Board Member Steve Farrell AYE: Board Member Jeff Wade via Zoom AYE: Board Member Spencer Park
NAY: None.
The record should show that councilman Danny Goode rejoined the council meeting via Zoom
8 CONTINUED COI-TNCIL AGENDA
DISCUSSION/CONSIDERATION PROPOSE ABATEMENT OF OUTSTANDING PROPERTY TAXES PARCEL #12-8251 WASATCH COUNTY AND #20-5276 WELLS FARGO BANK.
Councilman Steve Farrell indicated that as we worked on this tax committee we have got these two parcels that the Council should abate the outstanding taxes on them because we find that they are being covered by another parcel and there is an error in the legal description which is the case for both ofthese and covered by another parcel which makes it double taxed. We need to abate the tax and instruct the recorder to delete them off from the tax roll. The amount ofmoney for both of them are relatively small.
Councilman Kendall Crittenden made a motion that we abate the outstanding property tax on Parcel No. 12-8251 Wasatch County and Parcel No. 20-5276 Wells Fargo Bank for all delinquent taxes and that we direct the Wasatch County Recorder to delete these two parcels from the tax rolls for future years. Councilman Steve Farrell seconded that motion and the motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Marilyn Crittenden AYE: Kendall Crittenden AYE: Steve Farrell AYE: Jeff Wade, via Zoom AYE: Spencer Park
NAY: None.
COUNCIL/BOARD REPORTS
Councilman Kendall Crittenden indicated that the Heber City Manager was in the office and asked if the County has talked about a right offirst refusal for the sale ofthe County property next to the Heber City building if it was ever sold and enter into such an agreement. Councilman Steve Farrell indicated that if the County building was ever being considered to be sold then we could look at such a document being entered into but not now.
Dustin Grabau the Assistant Wasatch County Manager, also indicated that the Heber City Manager indicated that they were going to give an official notice to enter into a RAP tax after the Interlocal meeting next week and ifthat is done then the sixty day time to decide will start then as to whether Wasatch County wants to put the matter on the ballot. Mike Davis, the Wasatch County Manager indicated that part of the concem that rhe council indicated if a county wide RAp tax were initiated how would that tax be distributed and that discussion was going to be discussed at the
9 Interlocal meeting to try to determine if there was a viable solution. Councilman Steve Farrell indicated that at the regional planning meeting the RAP Tax was discussed. Everybody was on board with the tax being used for the trail maintenance throughout the County and then other things could be added in and then the seven member board would make the final allocation. There needs to be some feedback from Heber City as to what they would like to use the money for. Councilwoman Marilyn Crittenden indicated that this tax would be very helpful in maintaining the trails in Wasatch County. Councilman Steve Fanell indicated that at the Interlocal meeting with regard to the RAP tax matter that Councilman Kendall Crittenden could give the Power Point that Scott Sweat gave to us at our Council meeting regarding the RAP tax which was good Power Point.
Councilman Kendall Crittenden asked about the new system or plan for the back door being open for after hour meetings. Don Wood indicated that it is a security system so that you need to let Natalie Foster know the time when you plan on using the building and then when you leave the building the security system will lock the door. That way we will know who is using the building. Dustin Grabau indicated that just let Natalie know when the meeting starts and when it ends then he will make sure that it gets locked.
Councilman Kendall Crittenden indicated that for the last meeting in April, I will have on the County agenda a Resolution to declare May a Mental Health Awareness Month which we have done for the last two years. Also we have applied for a grant and that grant is going to sponsor some activities through the month of May which will coordinate with this Mental Health Month. Trudy wanted to know if she could add the County logo to put on marketing materials, posters, press release social media, etc. Mike Davis, the Wasatch County Manager, indicated that we could say we are in agreement with it but it is not a document we are generating but that would be a problem. If it appeared that the County generated the document that would be an issue but as a supporter as long as we identiry ourselves as a supporting entity that is fine. Also we don't give the logo out.
Councilman Kendall Crittenden indicated that the second amendment committee meeting Monday from I :00 to 3:00 and had a good discussion and met with the group and Sandy Hughes, a Midway resident, Sheriff Rigby and McKay King from the Wasatch County Attomey's Office. We got some good information from our County Attomey's office on what that needs to look like. After the committee meeting we directed the Attomey's Office to put together a second amendment ordinance that we will meet as that document as it is put together on the March 29,2021 afi if there needs to be any changes or what not on that with the intent that will be for first reading and public hearing on the Council Agenda for April 7, 2021 and the second reading and possible passage on April 2l ,2021 .
Councilman Spencer Park indicated that we have been working with the Sheriffs Office to put together and all have seen the banner for first responders that we want to make an application to different cities throughout the County and see if we can get them out on May. Also taken a couple ofthe recommendations that the Council have given by lightening out some ofthe colors and stuff and the Sheriff is working on that and asking if it is okay for the County Council, the Sherifls Office in making that application for those banners to be placed on the different city poles.
10 Councilman Danny Goode indicated that we should move forward and possibly pass a resolution recognizing first responder's month in Wasatch County and that would make it a County event and fit within the guidelines of Heber City's new ordinance. Councilman Spencer Park indicated that he would go forward with doing what has been suggested in making a resolution and will put the matter on the Ap.ril 7 , 2021 meeting agenda.
MANAGER'S REPORT
CONSIDERATION OF APPOINTMENT TO WASATCH COUNTY LIBRARY BOARD
Mike Davis, the Wasatch County Manager, addressed the Wasatch County Council and indicated that there is an opening on the Wasatch County Library Board. The library board met and submitted the name of Amber Koecher to take a position on the library board and that is my recommendation.
Councilman Danny Goode made a motion that we accept the managerts recommendation for Amber Koecher to the library board. Councilman Steve Farrell seconded the motion and the motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Marilyn Crittenden AYE: Kendall Criffenden AYE: Steve Farrell AYE: Jeff Wade via Zoom AYE: Danny Goode AYE: Spencer Park
NAY: None.
CONSIDERATION OF ANAPPOINTMENT TO THE WASATCH COUNTY PLANNING COMMISSION.
Mike Davis, the Wasatch County Manager, addressed the Wasatch County Council and indicated that there is an opening on the Wasatch County Planning Commission and my recommendation to fill that position is Karl McMullin to the altemate position on rhe wasatch county planning Commission. councilman steve Farrell made a motion to accept the recommendation of the wasatch County Manager's recommendation and appoint Karl McMullin to the wasatch county Planning Commission. Councilman Kendall Crittenden seconded the motion and the motion carries with the following vote:
11 AYE: Chair Mark Nelson AYE: Spencer Park AYE: Jeff Wade via Zoom AYE: Steve Farrell AYE: Danny Goode AYE: Kendall Crittenden AYE: Marilyn Crittenden
NAY: None.
DISCUSSION AND POTENTIAL ACTION ON A RECOMMENDATION FOR A POSITION ON THE JSPA PLANNING COMMISSION.
Mike Davis, the Wasatch County Manager, addressed the Wasatch County Council and indicated that on the JSPA Planning Commission there has been a vacancy for an architect to be appointed. We received an application from an architect and my recommendation would be to appoint Peter Musalar to that in filling the architectural seat requirement on the JSPA Planning Commission.
Councilman Kendall Crittenden made a motion that we accept the recommendation of the Wasatch County Manager to appoint Peter Musalar to the JSPA Planning Commission on the vacant license architect seat. Councilman Jeff Wade seconded the motion and the motion carries with the following vote:
AYE: Jeff Wade via Zoom AYE: Marilyn Crittenden AYE: Kendall Crittenden AYE: Danny Goode AYE: Chair Mark Nelson AYE: Steve Farrell AYE: Spencer Park
NAY: None.
The record should show that Danny Goode has left the Council via Zoom
DISCUSSION AND POTENTIAL ACTION ON A RECOMMENDATION FOR INFORMATION SYSTEM PROFESSIONAL SERVICES.
Dustin Grabau, the Assistant wasatch county Manager, addressed the wasatch county council and indicated that this is a recommendation for some IT Professional Services that we feel will pose an opportunity for future improvement in wasatch county and how our processes are examined and how we can identify opportunities for improvement. The funding currently is not in
12 the budget but feel we can find the funding if approved
Don Wood, Director of the IT Department, addressed the Wasatch County Council and presented a power point and then indicated that Wasatch County is a system and in some cases intemally Wasatch County doesn't function much like a system because the departments don't function like a system to chat one with another. Wasatch County needs to change fiom a rural county to a suburban county the way that ow processes work and that is the only way that Wasatch County will survive. Something needs to be done so there won't be a need to add additional employees to do a lot of redundant work. fught now the departments don't have an incentive to change. The systems aren't intact and as we were smaller we could get away with that. Wasatch County's goal should be to have modem systems in place and right now is the time to go towards that goal to automate things and to make things work better. We need to have matrixes so people know how things are working and getting done and how our perfbrmance is. Wasatch County right now has two software programs that are world class. One is ESRI and the other one is On base which takes care of organizations. Wasatch County needs to be a leader and go big and change the world and be known for something that we have done. My goal for Wasatch County is to become a national leader in automating systems, managing systems, providing choices to our citizens.
This would be a five year project and the contract would be from Highland Services and all their team does is consult with businesses. Why we are here today is to see if the Wasatch County Council would be willing to hire Highland Services Software to do an information assessment and vision assessment on these six departments which are the assessor, building, clerk/auditor, personnel, planning, and sheriff. The study would run for a maximum of six months and will be here in Wasatch County for six days on site and would like to interview each one of the Council Members, appointed officials for these departments, Mike Davis, Dustin Grabau and ask you about what you see as a future organization for Wasatch County. At the end there will be an executive presentation made to the Council, Mike Davis, Dustin Grabau, and then an information assessment report that you will take and be able to action on. The cost olthis study is $43,000.00 which wasn't budgeted for and if you could make that happen we would be very grateful. There possibly could be a $22,000.00 addition ifneeded. If we don't need it we don't spend it.
Councilman Steve Fanell asked why the assessor's office was chosen. Don Wood indicated that they are the one property tax department that understands their business processes. Councilman Steve Farrell indicated that the building department. planning, personnel are all independent. Don Wood indicated that all of these departments are depended on each other for the intemal processes that take place. Mike Davis indicated that one of the problems that we have had in the past when we have wanted to do a county wide type of a system, one or two of those elected officials don't want to and that is their authority. Also it is easy for me to say building, personnel, planning will do this because they are under me. The sheriffs office. assessor, clerk's office are not under me. So without all the elected people involved in this process and wanting to do this because it only takes one of them indicating that they aren't going to do this so it doesn't work. Dustin Grabau, the Assistant wasatch County Manager, indicated that we should make this enticing enough for these departments and make them look good which would make it work.
13 Councilman Steve Farrell indicated that he likes the concept but it is a lot like herding cats because you aren't going to get them going in the same direction ifyou don't have some kind of driving force behind it. Your level ofexcellency is a geat idea but somebody may have a different opinion in what is excellency and what is not. Mike Davis indicated that he likes the processes but there are a lot issues with it that need to be worked out.
Councilwoman Marilyn Crittenden indicated that she thinks, without question, this could be beautiful to make Wasatch County run better and would make citizens happier when they interact with Wasatch County, can save money with hiring more employees down the road but would need taxes presently which is a big deal that citizens would see right now. We need to see if the plan is good then let's see how we are going to get it work rather than arguing about the other issues.
Dustin Grabau indicated that this study would help Wasatch County generate that plan and would help identifr opportunities for Wasatch County and take advantage of the opportunities. Council Member Steve Farrell indicated that if this would help Wasatch County eliminate just twenty-f,rve percent ofthe insufficiencies that we are facing now it is well worth it. Also have enough faith in Don Wood as to what he is proposing. Mike Davis indicated that with regard to the funding we will have to go to the County's reserves. Chair Mark Nelson indicated that he is all for this suggestion. Councilman Kendall Crittenden indicated that he is all for this suggestion and sometimes you have to spend money to save money.
Councilman Spencer Park made a motion that we approve the Manager's Office to enter into this agreement and take the $43,000.00 out of reserves and then come back to the Council at a later date if they need the additional 522,000.00. Councilwoman Marilyn Crittenden seconded that motion and the motion carries with the following vote:
AYE: Jeff Wad e via Zoom AYE: Marilyn Crittenden AYE: Kendall Crittenden AYE: Chair Mark Nelson AYE: Steve Farrell AYE: Spencer Park
NAY: None.
The record should show that the Council took a brief five minute break. Also indicated that there is a need for a Closed Session but that will be handled after the public hearings have concluded. Councilman Danny Goode was not present for these public hearings.
14 PUBLIC HEARING MARCH 17,2O2I
STORIED DEER VALLEY, L.L.C., REQUESTS OVERALL PRELIMINARY APPROVAL FOR TUHAYE DANCING SUN, A 206 ACRE RESIDENTIAL PHASE OF THE TUHAYE MASTER PLAN DEVELOPMENT CONSISTING OF 105 DETACHED SINGLE FAMILY LOTS AND 26 ATTACHED SINGLE FAMILY UNITS LOCATED IN SECTION 28, TOWNSHIP 2 SOUTH, RANGE 5 EAST IN THE JORDANELLE BASIN OVERLAY ZONE JBOZ.
Staff:
Austin Corry, the Assistant Wasatch County Planner, addressed the Wasatch County Council and presented a power point presentation and then indicated that this is a preliminary approval that is in front ofyou. They have added 400 acres to increase the size oftheir property but did not increase any ERU's during that change. Also the code allows for a phase preliminary plan to occur for the remaining portions of their property that were not originally in their preliminary plan. The phase preliminary allows each ofthese different areas that kind of stand along in terms of infrastructure and what not to occur and be reviewed separately. It is primary single family homes. The DRC has reviewed this and there are a number of comments and Austin went tkough the DRC comments which are:
JORDANELLE comments: Approval of this preliminary plat does not constitute approval of the presented utility plans. JSSD will soon provide detailed review comments to the developer for the utilities. The developer it encouraged to respond to these comments and work to refine the utility plans before applying for any final plats to avoid delays once final plats are submitted. Prior to final plat approval, the developer must enter into a development agreement and confirm water dedication per JSSD water dedication policy. JSSD will soon present to the developer a draft development agreement. Prior to final plat approval developer to address detail engineering plan review comments with JSSD review engineer.
ENGINEERING comment: We acknowledge that the applicant called to ask about this but we mistakenly gave the wrong direction. Therefore as a condition ofapproval for preliminary resolve at final, please size the basins for the 100 year event with discharge for the 10 year event. Related to former comment Eng-2 Geotech Comment #1. We recommend that where cuts for roads are made steeper than 2H: IV in areas of competent bedrock as determined by site observation by the contracted geotechnical engineer that the face be cut back and adequate buffer distance to create an additional swale for the collection of potentially raveled material. This with the intent to mitigate the possibility ofrocks rolling/raveling offthe slope and onto the sidewalk curb and gutter or roadway. We recommend that the HOA be responsible for maintenance of these slopes and the collection swales at the fiequencies recommended per the geotechnical report. Can be resolved at final. pages 16 and 18 determine that risk of rock fall is determined to be low for the phase 1 development. However, structures should not be built in areas where there is any rock fall hazard. The areas where this risk is present at any magnitude should be identified and either graded to
15 eliminate the hazard, or building envelopes should be established in areas of the lot where rock fall is not a hazard. Related to ENG Geotech comment 9, the County's geotechnical review engineer recommends that the owners of the proposed development and future owners should familiarize themselves with the risks of developing in an area with expansive soil concerns and expect some risk for expansive soil related problems. GIS comments: Please add the new road names to the plan. Look at our online map to see what they should be, just zoom in close to see names.
COUNTY MANAGER commenl: All roads in this subdivision must be private.
PLANNNG comments: The open space labels added are a little messy. Final plat should clean those up.
RECORDER comments: some of the road names on this plat are very similar to road names that have already been used. Please check with Van Spencer. There needs to be an address table or addresses on the lots assigned by Van Spencer in the GIS department. On sheet 1 red arrows the owners dedication should say private instead of public and where it says also hereby convey to 'Tooele City' should be removed. On Sheet 4 don't think it should say town home parcel. It should just say parcel with an acreage so in the future when they do the town homes they can just do a plat amendment and would not have to vacate this parcel out ofthe plat. One sheet 5 as far as the town home parcel 2 see notes for town home parcel on sheet 4. On sheet 7 I'm sure that after the road names gets cleared up with Van the address tab will be filled in.
WEED comments: You will need a weed plan and cash bond.
REGIONAL TRAIL PLANNER comments: Circulation plan.
Austin Cony then indicated that the DRC is recommending approval be sent to the Council under the condition that these comments that are still there are resolved.
Austin Corry then went through the proposed findings:
L The density being proposed is consistent with what was approved in the original master plan as a project whole. 2. The approved Moderate Income Housing Plan is outlined in the Development Agreement and the developer currently has a credit balance of fee-inlieu that is sufficient to meet the I 3.1 AllE requirement of this proposal. 3. Preliminary approval does not grant a variance fiom County Code standards that cannot be determined at the level of detail provided at Preliminary 4. The proposed development complies with the product types required by code and approved during the Master Plan approval. 5. The Development Review Committee has reviewed the project and recommends approval as well.
l6 Austin Corry then went through the proposed conditions: l. All issues raised by the DRC, as noted in the DRC report dated 28 December 2020 shall be resolved to the satisfaction ofthe applicable review department prior to final approval.
Public Comment:
Chair Mark Nelson then opened the public hearing for public comment and there was none so the public comment period was closed.
Councilman Spencer Park made a motion that we go ahead and approve the overall preliminary approval for Tuhaye Dancing Sun the 206 acre residential phase ofthe Tuhaye Master Plan with all the conditions and findings as presented. Councilwoman Marilyn Crittenden seconded the motion and the motion carries with the following vote:
AYE: Jeff Wade via Zoom AYE: Marilyn Crittenden AYE: Kendall Crittenden AYE: Chair Mark Nelson AYE: Steve Farrell AYE: Spencer Park
NAY: None.
PUBLIC HEARING MARCH I7,2O2I
VR ACQUISITIONS, L.L.C., R.EQUESTS SUBDIVISION PLAT AMENDMENT TO VICTORY RANCH PLAT B AMENDED LOTS 92 A AND 94A IN ORDER TO SPLIT LOT 94A INTO TWO LOTS,94A AMENDED AND 95A AND TO ADD 17.791 ACRES OF COMMON AREA ADJACENT TO THE EXISTING SUBDIVISION BOUNDARY LOCATED AT 6777 NORTH WHISPERING WAY IN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 6 EAST IN THE JORDANELLE BASIN OVERLAY ZONE JBOZ.
Staff:
Austin Corry, the Assistant Wasatch County Planner, addressed the Wasatch County and presented a power point presentation and then indicated that the applicant is seeking to amend the Victory Ranch Plat B amended Lots 92A and 94A Subdivision Plat for the purpose of splitting Lot 94A into two lots and to add adjacent un-platted ground as cornmon area to the subdivision. Also since this is an increase in density from the single plat standpoint the overall density within Victory Ranch is basically remaining the same.
17 Wasatch County Code requires notice to be sent to all property owners within the plat, as well as property owners within 500 feet of the requested plat amendment. At the time of this report no objections have been received in response to the notices sent.
Utah Code Section 17 -27 a-609 allows the County to approve a plat amendment ifthe County finds that (a) there is good cause for the vacation, alteration, or amendment and (b) no public-street, right-of-way or easement has been vacated or altered.
Austin Corry then went through the DRC report:
JORDANELLE comments: the developer must provide written confirmation from the DDW showing that an exception has been granted to allow a private water booster system. Confirmation ofthe acceptability ofthe available fire service must also be provided by the fire authority. Waler system connection for new upper lot will require a waiver approval from State DDW. Owner will need to provide proposed booster pump speed and details to JSSD in order to submit to State DDW for waiver approval.
ASSESSOR comments: No objection noted
ENGINEERING comments: There is no information provided to determine if driveway will work. Driveway would have to be 20 foot wide asphalt with road base shoulders. The maximum grade of the driveway can only be 10 percent because the driveway is so long. My recommendation would be to require a tumaround area at the end so that emergency vehicles could get tumed around. Per DRC response letter, I have seen plans for the driveway but have not approved an1'thing yet. Requested added information for driveway widths and guardrail. Do believe they can design a safe driveway for the property but have not approved plans yet.
RECORDER comments: The narrative on the plat references common area between lot 94A and Plat W. I don't think Plat W has anyhing to do with this plat. The common area being relerenced on page 2 is actually a County parcel and is being incorporated into this plat. On the owners dedication and consent to record fiey are saying that they are signing for lot 95A does not exist until this plat is recorded it should say 94A. Because VR Acquisitions owns the OWC County piece ofproperty that is being incorporated into the Plat as common areathey would have to record a deed after this plat is recorded deeding interest in lots 94A and 95A to the Kutzkey's.
Austin Corry indicated that the driveway problem as mentioned in the DRC has been resolved since the DRC comments went out.
Austin Corry then went through the proposed findings:
1. Good cause for the amendment exists since the lot split still conforms to the initial project goals, is compatible with the surrounding development and is entirely within the original master plan regulated under a recorded development agreement. 2. No public or private roads are being vacated as part ofthis plat amendment.
18 3. The proposed revision conforms to the Wasatch County development standards. 4. The proposal is consistent with Utah Code Section 17 -27 a 609. 5. The Development Review Committee has reviewed the project and provided a favorable recommendation.
Austin Corry then went through the proposed condition:
I . Comments noted on the DRC report are all considered conditions of approval and should be resolved with the applicable review department prior to plat recording.
Council Comments:
Councilman Steve Farrell asked ifany comments were received from any ofthe adjacent property owners in the subdivision. Austin Corry indicated that none were received. With the plat amendment we do send out individual notices and have not received any feedback from those.
Applicant:
Jefl Graham. representing Victory Ranch as a consultant. addressed the Wasatch County Council and indicated that he has nothing further to add but ifthere are questions that he can answer.
Public Comment:
Chair Mark Nelson then opened the public hearing up for public comment and there was none so the public comment period was closed.
Councilman Steve Farrell made a motion that we approve the VR Acquisitions request for a subdivision plat amendment for Victory Ranch Plat B amending lot 92A and 94A in order to split lot 94 into two lots with all of the conditions and findings noted by the Staff and Planning Commission. Councilman Kendall Crittenden seconded the motion and the motion carries with the following vote:
AYE: Spencer Park AYE: Chair Mark Nelson AYE: Marilyn Crittenden AYE: Kendall Crittenden AYE: Steve Farrell AYE: Jeff Wade via Zoom AYE: Spencer Park
NAY: None.
19 PUBLIC HEARING MARCH I7,2O2I
MIKE JOHNSTON, REPRESENTING JEFF'S HILL BROOK RANCH L.L.C., REQUESTS A PLAT VACATE OF THE JEFF WARD SINGLE LOT SUBDIVISION CONSISTING OF ONE LOT ON 5 ACRES IN ORDER TO ADD THE PROPERTY INTO A PROPOSED NEW SUBDIVISION. THE HIGHLANDS AT SOLDIER HOLLOW, LOCATED AT 1330 WEST 12()O SOUTH IN SECTION 4, TOWNSHIP 4, SOUTH RANGE 4 EAST IN THE RESIDENTIAL AGRJCULTURE I.ACRE RA-I ZONE.
Staff:
Doug Smith, the Wasatch County Planner, addressed the Wasatch County Council and presented a power point presentation and then indicated that this is a request to vacate the Jeff Ward Single Lot subdivision which contains one 5 acre lot. The subdivision is part of the Ward Farm and if vacated will become part olthe large scale subdivision. Also ifthe parcel is vacated it will become part of the larger subdivision referred to as the Highland at Soldier Hollow. As part of the agreements on access the developer has agreed to deed restrict the properties to not allow any additional subdividing of the lots.
Doug Smith then went through the project summary: I . Vacate of subdivision plat containing a 5-acre lot. 2. This plat vacate will allow for the platting ofa large scale large lot development 3. The property is in the RA-l Zone. 4. Ifthe property could obtain sewer service the lots could be as small as I -acre. 5. The sunounding property in the County is 4-acre lots. 6. There is no structure on the lot.
Doug Smith then indicated that no action was taken by the DRC.
Doug Smith then went though the proposed findings: l. There is no home on the lot. 2. This proposed vacate conforms to the Wasatch County development standards. 3. The proposal is consistent with the Utah Code Section 17127a 609 and Wasatch County Code Section 16.04.02. 4. Good cause exists because this plat amendment will allow future development of the Foperty into a large lot subdivision with a deed restriction over the subdivision that prohibits further subdividing. 5. Minimum acreage on the proposed subdivision is 6 acres with an average lot size is 9.958 acres. 6. Public trails will be provided as part ofthe development. 7. No public or private roads are being vacated as part ofthis plat vacate. 8. The Development Review Committee has reviewed the project and provided a favorable recommendation.
20 Doug Smith then went through the proposed conditions: l. The plat vacate must be prior to the plat recording ofthe proposed Highlands at Soldier Hollow large scale subdivision. 2. A signature block will need to be added to the plat for the Council Chair on behalf of the legislative body as the land use authority. The vacate can be recorded as an ordinance or through signature on the plat. The applicant will need to work with staffto finalize the necessary documents for Council's signature. 3. The applicant will work with staff to ensrue the other signature blocks on the plat conform to all requirements of Wasatch County Code Section 16.27.12. 4. Without limiting the foregoing the signatue of the then current owner of the property shall be obtained on the plat before the vacate can be elfective and recorded. The concem is that the property hasn't closed yet and under contract and they want to be sure that before that plat gets recorded this vacate is taken care of and that will be a requirement because on any plat you have got to have an owrrer or a lien holder's consent. We feel comfortable with that requirement. 5. The plat must be recorded within one year of approval. 6. At the request of Jeff Ward the vacate is contingent upon and will not be affected until the plat for the Highlands at Soldier Hollow is recorded.
Applicant:
John Stewart, applicant and developer ofthis application, addressed the Wasatch County Planaing Commission and thanked everybody for the time and effort that has gone into this project. We concur with all the conditions and findings.
Public Comment:
Chair Mark Nelson then opened the pubtic hearing for public comment and there was none so the public comment period was closed.
Councilman Steve Farrell made the motion that we approve the vacate of Jeff Ward's one lot subdivision consisting of five acres with all the conditions and findings noted in the staff report and the Planning Commission. Councilwoman Marilyn Crittenden seconded the motion and the motion carries with the following vote:
AYE: Steve Farrell AYE: Marilyn Crittenden AYE: Jeff Wade via Zoom AYE: Spencer Park AYE: Kendall Crittenden AYE: Chair Mark Nelson
NAY: None.
2t PUBLIC HEARING MARCH I7,2O2I MIKE JOHNSTON, REPRESENTING JEFF'S HILLBROOK RANCH L.L.C., REQUESTS A PLAT AMENDMENT FOR THE ABBY WARD ONE LOT SUBDI\ISION TO ADD ADDITIONAL PROPERTY ONTO THE ABBY WARD SUBDIVISION PARCEL LOCATED AT 865 STRINGTOWN ROAD IN SECTION 4, TOWNSHIP 4 SOUTH, RANGE 4 EAST IN THE RESIDENTIAL AGRICULTURE I-ACRE RA.I ZONE.
Staff:
Doug Smith, the Wasatch County Planner. addressed the Wasatch County Council and presented a power point presentation and indicated that this proposal is to add property to the Abby Ward Wagstaff subdivision plat recorded in 1987. The existing plat is in the middle of the ward property and will be surrounded by the platted lots in the Highlands at Soldier Hollow Subdivision. The lot is considered non-conforming because it is on a septic system but the amendment brings the lot closer to conformance by providing frontage on a road and adding acreage to the lot.
Doug Smith also indicated that Wasatch County Code requires notice to be sent to all property owners within the plat as well as property owners within 500 feet of the requested plat amendment. At the time of the report, no objections have been received in response to the notices sent.
Doug Smith also indicated that Utah Code Section 17.27a-609 allou,s the County to approve a plat amendment if the County finds that (a) there is good cause for the vacation, alteration, or amendment, and (b) no public-street, right-of-way, or easement has been vacated or altered.
Doug Smith then went through the key issues to consider. l. The amendment adds 1.07 acres to the 1 acre lot. 2. There is an existing home on the property. 3. The subdivision is considered non-conforming since the house is not on a sewer system and is less than 5 acres. 4. The proposed amendment brings the lot closer into conformance with current code. 5. The location of the existing home complies with the required setbacks for the RA-l Zone it is located in. 6. The lot will be surrounded by the Highlands at Soldier Hollow subdivision plat which contains lots with a minimum of S-acres. 7. The proposed subdivision povides the required frontage on a road built to County standards and the lot will now have two accesses. 8. The DRC is recommending approval ofthe proposal.
Doug Smith indicated that the DRC recommended approval.
Doug Smith then went through the proposed findings: 1. The proposed amendment is consistent with and accomplishes the intent of the Wasatch County definition of good cause.
22 2. No public or private roads are being vacated as part ofthis plat amendment. 3. This proposed revision conforms to the Wasatch County development standards. 4. The proposal is consistent with Utah Code Section 17-27a-609. 5. The proposal increases the acreage of a non-conforming lot. 6. The home on the lot meets all the setback requirements for the RA-l Zone. 7. The Development Review Committee has reviewed the project and provided a favorable recommendation.
Doug Smith then went through the proposed conditions: l. The amended plat must be recorded within l-year of the approval. 2. The plat will need to be recorded concurently with the phase 1 Highlands at Soldier Hollow plat that creates the road for the fiontage and access to the lot as per the proposed plat. 3. That the one lot subdivision is deed restricted.
Apnlicant:
John Stewart, the applicant and developer, addressed the Wasatch County Council and indicated that he concurs with all the findings and conditions. The deed restriction on the one lot would be an acceptable condition certainly that was the full intent because we are not acquiring that parcel. It hadn't been considered in that light but yes we are fine with that. Also Abby Ward is not the applicant and ou.ner of the property. John Stewart indicated that is correct. Also that the proposed roadway that would run to the west of their property be further away from their existing home which we agree to. Then on the east side that would then be part oftheir parcel. From an applicant's standpoint we are fine with that condition because part and parcel of making all ofthat work we control that land that would go as part ofthat parcel.
Councilman Steve Farrell indicated that he would think that if the Planning Staff is all right with this because this will not be part ofthe Highland Subdivision. That is an independent subdivision that was approved prior to this one. I don't know that we can add an addition without their approval but that something or Doug Smith or the attomey can weigh in on because they are the owner of record. Also if you want to add that as a condition we will work through that issue and see if that is a problem with the owners. The condition would have to be signed and approved by the owner of that lot because this is an independent subdivision which is different than the one that we are going to approve. John Stewart indicated that would be a condition ofthe final map and obviously the final map cannot be approved or recorded without that which is perfectly fine.
Public Comment: chair Mark Nelson then opened the public hearing up for public comment and there was none so the public comment period was closed.
Comments:
Councilwoman Marilyn Crittenden asked if the lot is deed restricted and want to make sure that is
23 in a deed restriction also like we had talked about earlier. Doug Smith indicated that a deed restriction will apply to any lot in the subdivision so yes. Doug Smith indicated that to subdivide they would have to bring the sewer up there which I don't see happening once those lots are platted. I don't think that the Wagstaffs would object to being bound by that requirement.
Councilman Steve Farrell asked if this is actually RA-1 Zoning because I thought the underlying zone was RA-5 and the one acre if the sewer was available similar to what we have on the east side of the valley. Doug Smith indicated yes.
Councilman Steve Farrell made a motion that we go ahead and approve the plat amendment to the Abby Ward one lot subdivision to add additional land with all of the conditions and findings noted by the staff and Planning Commission and the one condition that was added regarding a deed restriction and written approval of the owner of the subdivision for the restriction. Councilwoman Marilvn Crittenden seconded the motion and the motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Jeff Wade via Zoom AYE: Spencer Park AYE: Steve Farrell AYE: Kendall Crittenden AYE: Marilyn Crittenden
NAY: None.
PUBLIC HEARING MARCH I7,2O2I
MIKE JOHNSTON, REPRESENTING JULIET COMPANIES L.L.C., REQUEST PRELIMINARY SUBDIVISION APPROVAL FOR THE HIGHLANDS OF SOLDIER HOLLOW, A PROPOSED 24LOT SUBDIVISION ON 239 ACRES LOCATED AT 944 WEST WARDS LANE IN SECTION 4, TOWNSHIP 4 SOUTH, RANGE 4 EAST IN THE RESIDENTIAL AGRICULTURE I.ACRE RA.l ZONE.
Staff:
Doug Smith, the Wasatch County Planner, addressed the Wasatch County Council and presented a power point presentation and indicated that the request is for overall preliminary approval to subdivide 239 acres known as the Ward Farm into 24 lots. The proposal is less dense than the ordinance would allow. The property will have access to String town Road via Wards Lane as well as two accesses to Cascade Springs Road. The south. west and much ofthe north borders ofthe property are surrounded by State Park property. Doug Smith also indicated that a number ofissues have been discussed with the County regarding
1^ access. Curently there will be two accesses out onto Cascade Springs Road but due to Cascade Springs being a seasonal road the westem access will be closed in the winter because it is beyond the gate. The other access onto Cascade Springs will be through 900 West which currently exists. Another separate access is required on the northeast end of the property using what is referred to as Wards Lane to connect to String town Road. The developer only has the ability to improve Wards Lane to a 20 foot wide asphalt road which does not meet County access requirements which are 30 foot of asphalt. The County Council who has jurisdiction of the engineering portion of the code Title 14 made a determination that the road could be considered as built to a County standard to serve as the second access as long as the applicant deed restricts the lots so that no further subdivision can occw. Also the applicant is willing to comply with the requirement. There will also be a stub street to the adjacent property to the north.
The property has had the lower portion historically irrigated for many years. Portions are not inigated on the west and where the property goes into the hills adjacent to the State Park. The lots .ue proposed to be serviced by individual wells and septic tanks however, a tank will also be built for fire suppression.
Doug Smith indicated that the DRC has recommended approval of the proposal with all departments approving the proposal with the exception of Affordable Housing who didn't take any action.
Doug Smith then went through the proposed findings: l. With conditions and variances from the County Council on roads and more specifically Wards Lane, the proposal can meet the intent of the Wasatch County Code Title 16 and provide a second access. 2. The proposed subdivision is in the Residential Agriculture 1-acre RA-1 Zone. 3. The proposed density is less than the allowed density for the RA-l Zone. 4. The proposal complies with the requirements of the RA-l Zoning district. 5. Due to the concessions on Wards Lane the proposal is required to deed restrict the lots so that no further subdividing is allowed. 6. Lots will be serviced by wells and septic-systems but will also have a fire suppression system.
Doug Smith then went through the proposed conditions: l. A water tank for fire flow is a requirement ofthe fire district. The fire district is requiring some type of govemmental entity to maintain the tank and lines. The developer has approached Midway City who has not made a decision. A decision by Midway City is required prior to this item being advertised on an agenda for final approval. 2. Concurrent recording ofthe vacate and plat amendment with Phase I plat. 3. Lots with slopes over 25 percent should have a building envelope precluding development on those slopes unless there is a soils report for each lot with any building envelope portion over 25 percent. Lot 18 will most likely need a site specific soils report. 4. Final plat to show a 50 foot setback from the high water maxk from the drainages through the prope(y. 5. Prior to advertising for final approval an agreement with Midway City allowing the road to be
25 improved south onto their Midway City property to avoid the Burt fence. 6. At final there needs to be additional detail to the landscape plan showing species, sizes, quantities and irrigation. There will need to be a bond provided with the final plat to ensure instal lation of the landscaping. 7. At final a consistent set of plans all showing the road connecting Highlands Parkway and 900 west. 8. Connection ofthe trail to 900 West and details on how the trail terminates. 9. Deed restriction language on the final plat that does not allow further subdividing with language approved by the County as a plat note as well as in the development agreement. 10. All roads on the final plat will need to be labeled as private. 11. At final a street light rendering that complies with the code and is approved as dark sky compliant and statement on the plaVdevelopment agreement that street lights are private and maintained by the HOA. 12. Landscape, access, and maintenance responsibilities for the storm water/debris basin facilities will need to be outlined in a development agreement and as a note on the plat prior to final approval. 13. Applicant must resolve/comply with comments/conditions noted by the DRC. 14. Prior to advertising for final approval proof of closing on the property and title insurance guaranteeing ownership of the 20 foot Wards Lane that allows a minimum of a 20 foot asphalt improved road outside of fences and power poles. 15. Ifapproved by the County Council a fee-inJieu for ten percent ofthe lots recorded in any given phase with a total of $67,200 for 24 lots 2.4 AUE's at $28,000.00. 16. Note on the plat that the stub road and temporary tum around to the north is intended to connect to the future and will be a through road. 17. Snow plow plan and snow storage plan for Ward's Lane prior to be placed on an agenda for final approval. The road needs to stay at 20 feet and not narrowed by snow plowed snow throughout the winter.
Councilwoman Marilyn Crittenden asked if Wards Lane is going to be maintained by the HOA. Chair Mark Nelson indicated yes from where Midway City ends.
Aorrlicant:
John Stewart, the applicant/developer, indicated that they concur with all the findings and conditions. John Stewart indicated that he has had a number of conversations with the owner of the land to the north and have discussed the connectivity to that property and continue to work through that issue.
Councilman Steve Farrell asked if the twelve acres owned by Charles Ward is going to be included in the subdivision. John Stewart indicated that they are and that is one ofthe lots and will end up owning two lots and will be able to market the second lot. Councilman Steve Farrell indicated that the manhole associated with the Midway Inigation Company is still in the middle of the road. Also an irrigation line under the road. Also there was a 20 foot piece of ground has shown up that we never had a deed before. Never been on the tax roll but was a recording error years back. Also
26 the question that I have what are we most liable with by approving a large scale subdivision with a sub-standard road. The Wards Lane is substandard or should we go ahead and approve what they proposed originally off from Cascade and adjust the ordinance and move the fence which is going to have the least impact on the County. Just afraid that a precedence is going to be set.
Mike Davis, the Wasatch County Manager, indicated that according to the Wasatch County Attomey's Office on the twenty foot road was that because Wasatch County had approved building permits previously in the 70's offfrom that road that qualified the road to be used for that purpose and that probably was the condition that would apply to many other places. The concem off the Cascade is that deal is not done.
Councilman Steve Farrell indicated that twenty foot road is going to pose a lot oftraffic problems such as passing, etc. Also have no problem with moving the gate on the Cascade Road because a new snow plowing ordinance was put in and a closure. Do we have more liability there than approving a large scale subdivision on a substandard road? Also this decision is for preliminary approval and won't see it again unless we request that the final approval to come back.
John Stewart indicated that with that portion from the current gate on Cascade to where we initially proposed the gate but approximately within thirteen hundred feet or twelve hundred feet something along those lines. Also we are happy that these roads be private and for that portion ofCascade we would handle the snow plowing. From a plowing standpoint it would be beneficial to have that as a loop and in maintaining that we are fine to do that early on.
Doug Smith indicated the code doesn't allow a road being over thirteen hundred feet and ifthere are two accesses onto the road, the road has to be a through road and not a dead end or seasonal road that makes a problem even if you did move the gate up.
Public Comment:
Chair Mark Nelson then opened the public hearing up for public comment.
Matthew Anderson, for Peter Hicks who owns the land at the North, addressed the Wasatch County Council and indicated that his client owns property that is what sometimes refened to Bear Mountain which is the property directly to the north. Condition No. 16 referred to noting on the plat that there be a road that stubs out into Bear Mountain. There was a concem with regard to Condition No. 16 because it refened to this property being called Bear Mountain to the north. We believe that this access will be pursuant to County Code sixty feet wide and should be the access that the Wasatch County Council should focus on and that will solve the problems with the deficiencies with the twenty foot wide proposed access through Ward's Lane. Also we have visited with John Stewart with this access through Bear Mountain. Also put on the plat that in the future it is intended that road be a through road and an access provided for egress into that northem property and then access from the north property into the proposed development and would like to make that clarification and be inserted as a condition and add the language that clarifies the effect of Condition No. 16 be put on the plat. Doug Smith indicated that is fine that has been his intent
27 all along to have a through road and not have it gated but be an access.
John Stewart indicated that this needs to be mutual and the point where this needs to go has been worked out and the language is made appropriately. Matthew Anderson indicated that there is no immediate plan to put the road in. The important thing is to clarify Condition No. 16 that a road will be put in sometime to provide connectivity from the North Bear Mountain property.
Councilman Spencer Park indicated that if the Bear Mountain road will not be a though road then there is no need for a stub to be placed for a road to take place in the future.
Peter Hicks, owner of the Bear Mountain property, addressed the Wasatch County Council and indicated that connectivity is important for each subdivision and would be able to provide that connectivity when the Bear Mountain property is developed and would be acceptable to that. John Stewart and I would have to sit down together and work out the appropriate document.
Councilman Steve Farrell indicated that he would like to see Condition No. 16 left out and when you are ready to develop you sit down with John Stewart and the development and work out an agreement. The Council members all agreed with what Councilman Steve Farrell just indicated.
Peter Hicks indicated that he supports this development and is a good use of the land and very good use for the County because it is low density and so supports it. Matthew Anderson indicated that as Condition No. 16 stands he doesn't know what it means. Peter Hicks indicated that he is willing to agree that we establish a mutual access and proceed on that basis. Councilman Steve Farrell indicated that he would be in favor of eliminating that Condition No. 16 and leave it up to the property owners to work it out among themselves. Peter Hicks again indicated that he is willing to do reciprocal easements which affect the result that the Council wants in terms of ultimate connectivity andjust want to make sure that you understand that.
Chair Mark Nelson then closed the public comment.
Council Comments:
Councilman Steve Farrell showed some pictures that he took of the Wards Lane to the other Council Members. Also there will be a problem in the winter time because where are you going to put the snow or plow t}te snow to and would have to make an agreement with the adjacent owners and probably the one on the South to plow the snow onto their common area oftheir subdivision. According to Doug Smith the Council has got no other option so we go with what we have got.
Councilman Jeff Wade via Zoom indicated that he is trying to think how the other connections would work without causing problems with Doug Smith's code and to me there is iust no other way around it. Also ward's Lane will be used mostly as a fire access road. councilman Steve Farrell indicated that ward's Lane will be privately plowed down to Midway city's portion of the road. Midway city owns probably half of ward's Lane from the String town Road up probabty a little more than half. Councilman Spencer Park indicated that he likes this subdivision because it
28 is twenty-four lots on 239 acres and want to make it work and feel like these two property owrers should be able to work out with an agreement because it benefits both ofthem but do not want to require one thing for one ofthem over one ofthe other ones.
Councilman spencer Park made a motion to approve this pretiminary subdivision for the Highland Estates at soldier Hollow with the requirement that they come back at final with a snow removal plan for ward's Lane and an update on the connections to the North through the adjacent property all that won't be a requirement that happens. Also remove condition no. 16 will be removed from the conditions and all the other conditions and findings are approved and that condition no. 16 will be removed for now and also require that this matter come back to us for final for further review, snow removal and update on the easements. If Mr. Hicks is agreeable to a reciprocal agreement and helps both of them maybe they can come up with an agreement but it won't be required. councilman Kendall crittenden seconded that motion, The motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Marilyn Crittenden AYE: Jeff Wade via Zoom AYE; Kendall Crittenden AYE: Spencer Park AYE: Steve Farrell
NAY: None.
Doug smith indicated that the matter then would go to Planning commission to grant the final approval but you want to see it after that is that the case? councilman Spencer Park indicated that he wants the matter to come back to the council for final. Doug smith indicated that he will be able to work this matter out with John Stewart and also Jon Woodard to see how that timing works out.
PUBLIC HEARING MARCH 17,2O2I
GREG GAGON REQUESTS A ZONE MAP AMENDMENT FROM 68 ACRES MOT]NTAIN AND 68 ACRES RESIDENTIAL AGRICULTURE RA-l TO 136 ACRES OF RESIDENTIAL AGRICULTURE 5 RA.s FOR A PROPOSED BLUE SAGE RANCH DEVELOPMENT CONSISTING OF 280 ACRES TOTAL LOCATED ON PARCELS 09- 38IO AND 09-9460 AT APPROXIMATELY 6000 EAST I2OO SOUTH SECTION 12, TOWNSHIP 4 sourH, RANGE 5 EAsr AND SECTION 7 TOWNSHIP 4 sourH RANGE 6 EAST. THE REMAINING 144 ACRES OF THE PROJECT ARXA WOULD REMAIN MOUNTAIN ZONING.
Staff:
29 Austin corry, the Assistant wasatch County Planner, addressed the wasatch county council and presented a power point presentation and then indicated that the current property is split with two zones RA-l and Mountain. As part of the development proposal the group seeks to amend the zoning to allow the subdivision design to be roughly 5 acre lots along the entire north half of the property closest to 1200 South instead ofpursuing the same number oflots, but having them range from I acre and the northwest comer to 20 acres in the remainder. The request, in essence is to change the RA-l zoned area to RA-5 decrease but to expand the influence area into the Mountain Zone at the north increase. Also what is in front of you for your consideration is the rezone application and does require a concept plan?
Austin Corry indicated that in consideration of this proposal the group proffers five conditions as ajustification and protection to the otherwise face value ofthe rezone request and they are: L Deed restrictions may be applied to restrict further development in the future. 2. Conservation easement may be placed on the open space in perpetuity. 3. Public access may be created to the 80 plus acre open space mountain bike/trorse parldanimal preserve. 4. Lot may be dedicated for a special needs school with adult focus. 5. Zone Map change to be contingent upon approval of acceptable final plat.
Austin Corry then presented key issues to consider:
L Subject property is 286.61 acres. 2. Subject property is currently zoned RA-l 68 acres and M 218.61 acres. 3. Requested change is to have 68 acres ofRA-l and another 68 acres ofthe M rezoned to be 136 acres of RA-5. 4. Remaining I 50.61 acres would remain Mountain zoning. 5. Property is ordered by RA-l at the west and north and M at the east and south. 6. The applicant proposed additional restrictions on the development ofthe property that would be in excess ofthe basic requirements ofthe RA-5 Zone. 7. Staff analysis of the General Plan indicates the proposed zone can be compatible with the policies with the inclusion ofthe restrictions and other items proffered by the applicant.
Austin Corry then went thrcugh the DRC comments:
PLANNING comments: on February 10, 2021, the council determined that the rezone application could be made and processed for potential of meeting immediate needs for the welfare ofresidents. The item appears ready for a Council determination if the commitments proffered by the developer are sufficient to warrant granting ofthe rezone request.
REGIONAL TRAIL PLANNER comments: Back country trails will need to be reviewed when designed and approved when built and will need public trail designation or easement. Also notjust an open space dedication up there but that the developer actually builds the trails as part of that and there would be a trail head included.
30 Austin Corry indicated that the Council ought to think about these few things as you consider this. 1. The expedited enactment clause what level that you as the Council feel is the level of justification that you need in order to make an action prior to the November time line that is outlined in the code. 2. Deed restrictions from further developments. 3. Conservation easement to Wasatch County on eighty acres of open space. They have asked that be removed. 4. Public access to the eighty acres of open space with mountain bike, Horse Park and animal preserve. 5. A lot dedicated for a special needs school with an adult focus meaning individuals with special needs may be graduated high school and there is that gap space there where after high school there is not as much available around the County. 6. The map amendment being continued upon approval ofan acceptable final plat. 7. Should the rezone be modified in order to place RA-l zoning of that school property? 8. Whether you as a Council feel that there are any additional items needed to justifu the actual zone map amendment request and only thing there would be the trail head construction that was suggested by the regional trail planner from MAG.
Austin Corry then went through the proposed findings: I . The applicant proffers a conservation easement on approximately 80 plus acres that the applicant would also improve with public trails. 2. The applicant proffers deed restrictions to the development to ensure the density of the development remains consistent with the intent the County considers the rezone under rather than relying on the underlying zone exclusively. 3. The applicant intends to use a 2.5 acre parcel as a site for a special needs school exact details surrounding the school are unclear at this time. 4. The land use element ofthe General Plan identifies the open space qualities contributing to the scenic value within Heber Valley. 5. With the proffered public open space, the proposed amendment is in the interest ofthe public, and is consistent with the goals and policies of the Wasatch County General Plan to provide recreational opportunities within the county to support health and welfare goals. If these discussions lead toward you as a Council not feeling like that open space and conservation easement is necessary for your enactment sooner than November that there would need to be a modification ofthat finding. That finding was written specifically based on the last Council work session and where we felt like the project was headed. It is tax reasons why they are looking not to make that part of their requirements. 6. The proposed amendment is consistent with the purpose and objective outlined in Section I6.07. 7. Positive impact ofthe proposed changes would be increased lot sizes at the far end ofthe Eastem Planning Area in support of decreased residential density away from a population center, a recreational trail network for hiking, biking, and equestrian use, and the donaiion ofan open space conservation easement. S Negative impact ofthe proposed changes would be that larger lot sizes tend to increase utility and infrastructure cost per household due to longer lengths between housing. Although uncertain
3l as to what extent this has an impact on the affordability of housing within a community. 9. The Wasatch County Council as the legislative body has broad discretion for amendments to the Wasatch County Code.
Austin Corry then went through the proposed conditions: l. The zone map amendment is contingent on approval ofthe final preliminary subdivision plans. If the final subdivision is not approved and inconsistent with the concept plans presented as part of the rezone, the zone amendment is void. The zone map amendment is contingent on approval of the preliminary subdivision DEV 3935 and the final subdivision that would follow the applications must proceed with reasonable diligence and comply with the expiration time lines as specified in Wasatch County Code 16.01.16. If the subdivision applications expire or the subdivision is not able to obtain approval within the time lines required under 16.01.16 the zoning amendment is void. That is just a much lengthier way of stating similar to what the applicant had noted that they are fine in making the zone change request completely contingent on them getting their subdivision approval so that there is not this change in zoning. A project that moves through but never goes anyvhere and then the next person that comes in is looking just to maximize the RA-5 zone that is given there and you end up with something that maybe you didn't intend by approving the zone change. 2. All lots within the proposed subdivision shall be 6 acres minimum and have a deed restriction that prevents any further subdivision. 3. A conservation or open space easement over the open space parcel shown on the concept plan shall be granted to Wasatch County. 4. Trails shall be provided by the developer in the open space area and have a public access easements allowing the public to use the trails to serve recreational needs ofthe County. 5. A development agreement shall be drafted with the application for preliminary subdivision and clearly outline these conditions and provide fie further detail necessary for the County staff and County Council to confirm that the terms proffered by the developer meet the expectations ofthe legislative body.
Austin Corry indicated that the Planning Commission has forwarded this to you with a positive recommendation and there was one nay vote from Commissioner Grandquis and he spoke to his nay vote during the hearing that he felt that the County needed to focus more on some affordable housing options and felt like the large lots were making things difficult. Also just to point out that Condition No. 3 the conservation easement is the sticking point that the developer would like to discuss with you for their tax implication reasons. Also have to find if there is public benefit so that the zoning request can be acted on before November. If you should modifi the request to include RA-l zoning in that comer and you feel like there is anything else that should be proffered with their request.
Council Comments:
Councilman Kendall Crittenden indicated that we could consider just that two acre parcel as an RA-l.Zone. The rest of proposed Mounrain Zone would go ro RA:5 and then tt. Ra-i o, the other side would go fi... up to RA-5 is that right? Austin c-orry indicated that is conect.
)Z Councilman Steve Farrell asked what the approval on this parcel right now is and this was approved as a Sleeping Indian Subdivision with so many units was it not? Austin Corry indicated that yes there was previously a subdivision application and since has expired but the Sleeping Indian project was on there and they had an ERU count if I recall of 137 lots on that project. Councilman Steve Farrell indicated that the zoning would be the same so they could go the same steps should they not. Austin Corry indicated that was approved under an old code. The zoning was the same and there used to be some density bonuses that were allowed for certain things. The 137 number was notjust based offfrom base density. The applicant now could get approximately about forty-four lots and proposing to drop that down to halfdown about to your twenty to twenty- two lots. They are proposing a reduction in density.
Mike Davis, the Wasatch County Manager, indicated that with regard to the open space generally we don't want those as a lot but want those as common area. Is there an issue if it were a common area? Austin Corry indicated that he agrees that common area is probably a better label but the intent is that it remains open and in this matter we are just referring to a piece of property that would not be developed for housing. The key here is whether or not there is an easement in favor of Wasatch County on it regardless of what it gets labeied. Councilman Steve Farrell indicated that we probably would want to own the conservation easement but not the land. The homeowners would end up owning the common area. The emergency is the reduction in the density. The conservation easement needs to be separated so that a tax consideration could be given on the donation and then end up with a conservation easement down the road. Mike Davis, maybe an easement given to the County that is not a conservation easement for trail access and other use and t}ten at some point they converted it to a conservation easement. Councilman Steve Farrell indicated that any'thing required of it could have an effect on the taxable issue. We would be better off separating that eighty acres right away fiom the whole project and have an MOU with the developer that at some point that may be tumed over to the conservation easement maybe could be put on it and tumed over to the County. In an actual fact we are down zoning this property from RA-1 to RA-5.
Applicant:
Greg Gagon, the applicant, addressed the Wasatch County Council and presented a short power point presentation which would answer a lot of questions that you might have. To make this a viable project we will need to put about 46 lots as it is cunently zoned. We would like to lower the density by twenty-two lots. Eliminate a lot oftraffic flow and also cuts and fills. A good idea was with regard to the potential school and change that ground to an RA-l which is next door to the church which is RA-I. Also we want to put a conservation easement on some property and make it contingent and also this is a financial issue if we provide a conservation easement then we can get help to provide that open space. The Intemal Revenue indicates that ifyou are going to get something in retum for this donation they won't allow a deduction because you are getting that deduction in a different way. Also we can't be perceived as having had a benefit for creating that and then receive another financial benefit so you can't double dip. Another issue is timing and have to own the property for a period ofa year and we closed on the property in the fourth week
33 of November so we have to own that property until November and we want to finalize this plat this summer sometime and move forward. Possibly if we could phase it somehow and cut out lots I and 2 with it we could do that. Carving it out into another entity. The meat of the item is the reduction ofthe density and the school is secondary.
Councilwoman Marilyn Crittenden indicated that there needs to be more than density to approve this zone change immediatety. Mike Davis indicated that the applicant just says this is what we are doing and we are going to apply for a conservation easement and the County doesn't require it. That is not a condition of the County's approval but they offer it. Councilman Steve Farrell indicated to just cut the eighty acres out of this project and have them make that offer and it is not tied to the development but ifthey are offering to give eighty acres ofunusable ground after they get done with the conservation easement.
Greg Gagon also indicated that JW Davies, my partner, has a son that has need for a special needs school and he is eighteen or nineteen years old and after high school these type of people need continued help with schooling and that is what we are looking for with this school. Also if we were to remove that number three andjust simply say that we would have a plan approval based on the concept that we have already submitted and we just got DRC comments back today and go through and subject to that.
JW Davies, the other applicant, indicated that there is a need for a school like this in Wasatch County. Also what I would like to do is document what we have actually already done and our intention from the very beginning was to place an easement and to dedicate this for public use and that is why we have presented our application with that plat design. That was even done before we came to the County with this zone amendment change requesl. What I don't want to do is document that this was a condition put upon us by the County Council in a way that we receive benefit for it because the reality of it was and was our true intent to make that donation even before this issue came up. I am hoping that we can just document it as to how it actually has occurred and how it has actually happened and how we continue to plan to make it happen. Mike Davis indicated that goes back to the point that if you make an application for this many lots and this is going to be a conservation easement and it is not listed as a condition of the County it still happens. The plat gets approved and they can put on the approval and the plat we just can't have it as a condition and we didn't require it. Greg Gagon indicated that just remove that as a condition.
Councilman Steve Fanell indicated that we have the reduction in lots, school site for disability, eighty acres donated to Wasatch County, also got public access to trails and the possibility ola trail head, which are the reasons to gant the zoning change request. councilman Kendall Crittenden indicated that there is enough reasons listed tojustiry the rezone. Greg Gagon indicated that in condition no. 3 just take out the words in the open space area.
Public Comment
Chair Mark Nelson then opened the matter up for public comment and there was none so the public comment period was closed.
34 Councilman Steve Farrell made a motion that we allow this project to go forward and allow for a zone change outside of the November time frame under the conditions that it is considered to be an emergency because of the conditions that have been provided by the developer in the fact of reduced density, access or a site for a trail head, site for a special needs school and the necessary for emergency as of benelitting the welfare of the citizens of Wasatch County. The conditions are acceptable with the exception of Condition No. 3 and would like to eliminate number three and number four we would like to change it to read the trails shall be provided with the developer through the development and have a public access easement and allowing all public to use the trails to serve the recreational needs of the County. The Council is doing that prior to November because of the needs as I stated. AIso to consider that special needs site would be modified and the request would be to have that two acre parcel be RA-l. Councilman Kendall Crittenden seconded the motion and the motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Jeff Wade via Zoom AYE: Spencer Park AYE: Steve Farrell AYE: Kendall Crittenden AYE: Marilvn Crittenden
NAY: None.
Councilman Steve Farrell indicated that this matter will come back to us after it has gone back to the Planning Commission for a zone change and then come back to the Council as a zone change to make the change. Austin Corry indicated that what is in front ofthe Council is the zone change request but the zone change request is in front ofyou before November that is why you have got to find those two different things. What would come back to you after this would be the preliminary subdivision. councilman Spencer Park made a motion that we leave our regular session and go into closed session for reason of propertsy-. councilwoman Marilyn crittenden seconded the motion and the motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Marilyn Crittenden AYE: Kendall Crittenden AYE: Steve Farrell
35 AYE: Spencer Park AYE: Jeff Wade via Zoom
NAY: None.
Councilman Spencer Park made a motion to leave the Closed Session and go back into regular session. Councilman Jeff Wade via Zoom seconded the motion and the motion carries with the following vote:
AYE: Chair Mark Nelson AYE: Spencer Park AYE: Marilyn Crittenden AYE: JeffWade via Zoom AYE: Kendall Crittenden
AYE: Steve Farrell
NAY: None.
Councilwoman Marilyn Crittenden made a motion to adjourn. Councilman Steve Farrell seconded the motion and the motion carries with the following vote:
AYE: Marilyn Crittenden AYE: Spencer Park AYE: Kendall Crittenden AYE: Chair Mark Nelson AYE: Jeff Wade via Zoom AYE: Steve Farrell
NAY: None. ,t c Meeting concluded at 10:30 p.m tufl G; /!IN LSON/ JOEY D. GRANGER/CLERK/AUDITOR
JO