MINUTES OF COMBINED COMMISSION WORKING & REGULAR SESSION MEETING HELD DECEMBER 01, 2014 BEGINNING AT 1:00 P.M. IN COMMISSION CHAMBERS IN DUCHESNE, UTAH

Present

Commission Chairman Ronald Winterton, Commissioner Kent R. Peatross, Commissioner Kirk J. Wood, Commissioner Elect Greg Todd, Deputy County Attorney Tyler Allred, Duchesne County Residents Jordan Whitbeck, Amber Jensen, Ed Winn, McKayla Huff, Tori Huff, Dan Witbeck, Jeneal Whitbeck, and Glenna Huff, and Commission Assistant BobbiJo Casper taking minutes of the meeting.

Opening Comments

Chairman Winterton gave the prayer. There were no comments.

Discussion Of A Proposed Well In Bluebell

Mr. Whitbeck stated that he is the spokesperson for the Whitbeck, Huff and Hansen families and surrounding neighbors and read the attached letter aloud. They are not happy with the setback that the county adopted and EP Energy has a desire to place a well site on a piece of property in our neighborhood and they have made it clear that they do not care about our concerns of the location. Commissioner Wood asked if they have been in contact with Oil & Gas Liaison CoraLee Sanchez because she has a good working relationship with EP Energy. We made changes to our setback because our prior setback didn’t cover everyone and we came up with a compromise. Mr. Whitbeck stated that he hasn’t spoken to Ms. Sanchez, but he has been in contact with County/Community Planning Administrator Mike Hyde.

Oil & Gas Liaison CoraLee Sanchez joined the meeting at 1:23 P.M…

Ms. Sanchez stated that EP Energy is aware of the issues. Chairman Winterton stated that they will contact EP Energy as a Commission and will have Ms. Sanchez get back to Mr. Whitbeck. Ms. Huff stated that EP Energy has oil wells all over our land and we have done everything we can to be kind and generous so she is concerned and upset about how they are acting.

1:30 P.M. Public Hearing

County/Community Planning Administrator Mike Hyde, Jay O’Driscoll, Pat O’Driscoll, Drew Eschler, Stacy Eschler, Thad Beal, Rod Conrad, Laural Conrad, Mike Kendall, Lisa Kendall & Roger Eschler joined the meeting at 1:30 P.M…

Consideration Of A Request By Duchesne Crossings LLC For Approval Of A Reimbursement Agreement To Allow Recovery Of A Portion Of Their Costs In Constructing A Right Turn Lane At Intersection Of Highway 40 And 6250 South In The Myton Area (Continued from 11-17-14)

Administrator Hyde stated that during the last public hearing, we heard objections and the applicant was not here. Today the applicant’s attorney Paul King is here. Mr. King stated that he has reviewed this and feels that the crossings need to be proportional. These improvements benefit everyone in that area; nobody likes to pay, but he is looking at fairness. Commissioner Peatross stated that this is all about transportation in that area and asked if there is any way to tie this to the amount of transportation. Mr. King stated that it’s difficult to define and that’s what we are trying to do. His idea is to move towards clarity to avoid this issue in the future. Chairman Winterton stated that as it was pointed out in the last hearing, the traffic has decreased since 2009. Why are we going to hinder someone with 2 or 3 cars over someone who has a trucking company?

Public Comments-

Ms. Amy Hemphill questioned why the county is involved and stated that this was Mr. Brockbanks decision to improve his business so how can you attach it to a county permit. There are oil wells down that road, so a traffic study wouldn’t be proportionate.

Administrator Hyde stated that UDOT has policies when improvements are made.

Commissioner Peatross stated that he has heard the word fair on both sides and he would like to tie this in to traffic use and keep it simple, but he is struggling on this.

Mr. King stated that we could make it apply to the next 5 developers by tying it to a building permit fee or whatever. What’s proportional to the 1st isn’t to the next, the fee incurred needs to be fair. He would like to tie this to a dollar amount of building fees to make it easier to later developers.

Commissioner Wood stated that he could build a truck parking lot which wouldn’t require a building permit; there’s not a clean way to make it fair.

Consideration Of Ordinance No. 14-331, An Ordinance Amending The Duchesne County Zoning Ordinance

Administrator Hyde stated that while we were bringing county code into compliance with State laws, we discovered other uses that needed to be fixed. What caused a recess in the last public hearing was due to signs.

Mr. Mike Kendall proposed a 3 year phase-out rather than 2 and stated that they have had 5 signs for more than a year and just added a few more.

Commissioner Peatross stated that he can live with 3 years.

Mr. Mike Kendall stated that he feels this is a win-win.

Public Comments- there were no other comments.

Consideration Of An Appeal By Drew Eschler, et/al., Of The Planning Commission’s Decision To Grant Approval Of A Conditional Use Permit For Jay & Patsy O’ Driscoll (J&M Hot Oil)

Administrator Hyde stated that Mr. O’Driscoll bought property and his trucking business became the primary use for the land. The Planning and Zoning Commission approved the permit with conditions. The big issue is noise because the trucks are leaving at 4:30 a.m.

Mr. Drew Eschler stated that they have experienced the trucks running for over 2 hours. This is a residential zone and the trucks should not be in this area. We are concerned about future growth in this area as a resident and tax payer. We have invested a lot of money and want to see the area stay residential.

Mr. Thad Beal stated that he is concerned about the propane tanks and there is a new elementary nearby. He hasn’t heard of any kinds of bonds, so who would pay if there was an explosion.

Mr. Jay O’Driscoll stated that he has 20 acres there and the only reason neighbors can hear his trucks is because they have set up game cameras and see when I leave. He is the only driver, and feels that the only way this is going to be resolved is if the Commissioners go to Mr. Drew Eschler’s house and he will start all of his equipment.

Mrs. Patsy O’Driscoll stated that there is no way they could be able to hear his truck and offered to bring the truck to the county building for the commissioners to hear. She doesn’t understand the cameras and knows that Jay is a good cautious driver.

Mr. Drew Eschler stated that he is not aware of any cameras, but there are motion sensors. They are concerned about what they are going to allow in the future.

Commissioner Peatross stated that there isn’t anything in the County ordinance that restricts this and feels that almost all roads in the County has turned industrial. We have a lot of controversy and he is concerned about the noise and suggested having an onsite visit.

Commissioner Wood agreed with Commissioner Peatross’ suggestion.

Mr. O’Driscoll stated that he runs his trucks for about 30 minutes. He is 380 feet away from the next neighbor and feels that an oilfwell would be more dangerous than his truck.

Commissioner Peatross asked Mr. Drew Eschler if he would want to be annexed into Roosevelt City if it came to that.

Mr. Drew Eschler stated he would like to be annexed; he owns 10 acres and would like to subdivide in the future.

No other public comments.

Entered back in Combined Commission Meeting at 2:34 P.M…

Consideration Of A Request By Duchesne Crossings LLC For Approval Of A Reimbursement Agreement To Allow Recovery Of A Portion Of Their Costs In Constructing A Right Turn Lane At Intersection Of Highway 40 And 6250 South In The Myton Area

Commissioner Peatross motioned to recess this until December 8, 2014 at 1:30 P.M. and have Mr. King and Administrator Hyde present a revised agreement schedule to 4 participants with 5% anatomization and anything over $100,000. Commissioner Wood seconded the motion. All commissioners voted aye and the motion passed.

Consideration Of Ordinance No. 14-331, An Ordinance Amending The Duchesne County Zoning Ordinance

ORDINANCE #14-331

AN ORDINANCE AMENDING TITLE 8, THE DUCHESNE COUNTY

ZONING ORDINANCE

WHEREAS, the 2012 Utah Legislature approved a bill, which regulates the establishment of retail tobacco specialty businesses in Section 17-50-333 of the Utah Code; and

WHEREAS, Duchesne County intends to amend its zoning ordinance to be consistent with state law; and

WHEREAS, Duchesne County staff have identified sections of the Zoning Ordinance that should be amended to address questions that have arisen during administration of the ordinance; and

WHEREAS, the Duchesne County Planning Commission has conducted a public hearing regarding these proposed amendments to the Zoning Ordinance and has recommended approval; and

WHEREAS, the Duchesne County Commission has conducted a public hearing regarding these proposed amendments and accepted the Planning Commission recommendation.

BE IT HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS that:

SECTION 1. Section 8-2-1 of Title 8, Zoning Regulations, is amended to include the following new or amended definitions:

BILLBOARD OFF-PREMISE ADVERTISING SIGN: A freestanding ground sign, greater than thirty two (32) square feet in size, located on industrial, commercial or residential property and designed or intended to direct attention to a business, product or service that is not sold, offered or existing on the property premise where the sign is located.

COMMUNITY LOCATION: A public or private kindergarten, elementary, middle, junior high, or high school; a licensed child-care facility or preschool; a trade or technical school; a church; a public library; a public playground; a public park; a youth center or other space used primarily for youth oriented activities; a public recreational facility; or a public arcade.

ON-PREMISE ADVERTISING SIGN: A sign designed or intended to direct attention to a business, product or service that is sold, offered or existing on the premise where the sign is located.

RETAIL TOBACCO SPECIALTY BUSINESS: A commercial establishment in which:

(i) The sale of tobacco products accounts for more than 35% of the total annual gross receipts for the establishment;

(ii) Food and beverage products, excluding gasoline sales, is less than 45% of the total annual gross receipts for the establishment; and

(iii) The establishment is not licensed as a pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act, of the Utah Code.

TOBACCO PRODUCT: Includes the following:

(i) Any cigar, cigarette, or electronic cigarette as defined in Section 76-10-101 of the Utah Code;

(ii) A tobacco product as defined in Section 59-14-102 of the Utah Code, including:

(A) Chewing tobacco; or

(B) Any substitute for a tobacco product, including flavoring or additives to tobacco; and

(iii) Tobacco paraphernalia as defined in Section 76-10-104.1 of the Utah Code.

SECTION 2. Section 8-5-1 (A) of Title 8, Zoning Regulations, is amended to read:

A. Agriculture Districts (A):

1. A-10, ten (10) acre minimum zone, is provided and designed to protect and encourage the continued use of land for agricultural purposes and to discourage the preemption of agricultural land for other uses. Other purposes of this district include the protection of the economic base of the county for such uses as forestry, oil and gas drilling, pipelines, petroleum storage and distribution and the protection of significant natural features of land, creeks, lakes, wetlands, air and the preservation of open areas for wildlife habitat and range livestock. This district is characterized by production farms and ranches, including smaller hobby farms. The A-10 district requires, for residential development, either a Tri-County health department approved nonpublic water source or a connection from a public water source to the family dwelling and a wastewater system permit. Representative uses within this district include, but are not limited to: family dwellings, barns, corrals, crops, livestock raising, farm dwellings, guest ranches, produce retail sales and petroleum drilling and storage. In no case shall parcels in the A-10 zone be reduced below ten (10) acres in size.

2. A-5, five (5) acre minimum zone. The purpose of the A-5 zone is the same as that of the A-10 zoning district. Construction of buildings for human occupancy in the A-5 district requires either a Tri-County health department approved nonpublic water source or a connection from a public water source to the building and a wastewater system permit. Proof of a public water connection is all that is required for property mapped in the A-5 zone to be zoned R-1 and proof of both a public water connection and a public sewer is all that is required for property mapped in the A-5 zone to be zoned R-1/2. It is not necessary to rezone property to the higher density zone when the official zoning map shows available public water service.

3. A-2.5, two and one-half (21/2) acre minimum zone, is to conserve and protect farms and other open land uses, foster orderly growth in rural areas, and prevent land development and agricultural land use conflicts. Principal uses permitted in this zoning district include both farm and nonfarm residential uses. Residential development Construction of buildings for human occupancy in the A-2.5 district requires either a Tri-County health department approved nonpublic water source or a connection from a public water source to the family dwelling building and a wastewater system permit. Proof of a public water connection is all that is required for property mapped in the A-2.5 zone to be zoned R-1 and proof of both a public water connection and a public sewer is all that is required for property mapped in the A-2.5 zone to be zoned R-1/2. It is not necessary to rezone property to the higher density zone when the official zoning map shows available public water service. Representative uses within this district include, but are not limited to, family dwellings, barns, corrals, crops, livestock raising, farm dwellings and produce retail sales.