Of the Regular Meeting of The

MINUTES

OF THE REGULAR MEETING OF THE

TOOELE COUNTY BOARD OF

PLANNING COMMISSION

HELD NOVEMBER 5, 2014

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

1. Roll call, Linda Orr called the roll which showed Planning Commission Members Martie Leo, Julie Pawlak, Todd Castagno. Lynn Butterfield and Bryan Coulter present. Matt Peterson excused. Also present were Mark Nelsen Tooele County Deputy Recorder and Blaine Gehring Tooele County Planner.

2. Approval of Minutes Martie Leo made the motion to approve the July 9 minutes and Lynn Butterfield 2nd

Lynn Butterfield moved to approve the minutes for October 8 2014 Todd Castagno 2nd

Welcomed a scout troop 1430 from Tooele

3. Hearing

a. ASU 2014-01 Shady Brook Lane PUD Phase 1 Amended and Extended.

Staff gave report: Blaine explained that lot 5 existed when Gateway Neighborhood Amended was approved. It was created as a residential lot and could have a building permit on it today. The fences and landscaping have been created as if the plat had been approved. The planning commission is just approving the amendment of lot 5 not approving a new lot 5. Todd stated that the lot 5 that was approved does not match what is one the plat now Blaine stated no, it is being amended and some of the boundaries changed. Lynn had questions on the boundary of the new lot. Bryan stated they needed to address the issues of this lot being on the corner. Mark Nelsen was asked to address the issue of the boundary. He stated that lot 5 was an approved lot. What you are seeing on aerials shows the improvements but they were illegal because the new plat has not been approved yet. Lynn asked about the encroachment. Mark stated that maybe the survey marks had not been looked at when the landscaping was put in. Mark said that he believed that their landscaping moved when the plat was approved 4 years ago, when everybody assumed that the subdivision was recorded. The recorder's office required the banks to sign off on the new lots and this delayed the recording. Lynn asked about the sewer easement. Randy Jones answered his questions. Mark answered that the easements would have to be dealt with to make it a buildable lot at a later date as that was a whole other issue. Plat does show a 20 foot easement. The applicant was asked to speak. John Weeking of Symphony Homes. He had worked on the previous development. Purchased the lot to prevent a convenience store from being built on this property. Right now it is a buildable lot. They have a signed development agreement for the easement. They would put in a gate for access to the easement. It was an issue previously. The lot has a very long tail. He showed how a house would be placed on the lot. Everything meets the set back requirements. Lynn stated the issue was the location of the lot with two busy streets. Symphony did a site plat with the driveway placed at a different position so you would have low impact on traffic. Todd Castagno asked about what was approved and not recorded. Lynn restated what was to be approved as to lot 5 and the 4 reconfigured lots. Lynn Butterfield made the motion to approve the Shady Brook Lane and Martie Leo seconded. Vote was taken and all concurred.

b.SUB 2014-03 Gateway Neighborhood PUD Phase 4

Staff gave the report. Part of the Solberg's original plat. There was an issue with the road called Beaman Way. The road was deeded to UDOT and never dedicated as a public street. UDOT has agreed to dedicate a portion of Beaman way on the plat. This will create access to the two lots on this plat. Staff recommended approval of plat. Motion to approve was made by Todd Castagno and seconded by Lynn Butterfield. All voted to approve the plat.

c. SUB 2014-06 Clover Blossom Minor Lot 2 Amended

Staff gave the report. Blaine explained that plat meets all requirements for the zoning and that all have approved the preliminary concepts. Lynn asked about a house he thought was part of the subdivision. Bryan asked about the roads. Blaine explained that current roads were created befor our road ordinance was in effect. The roads in the subdivision meet all road requirements according to our ordinances. Road department has given their approval. Lynn Butterfield made the motion to approve the plat with Martie Leo second. A vote was taken and all approved.

4. Open Public Hearing

Motion made by Bryan Coulter second by Todd Castagno.

Randy Palmer, Kristin Akeripa, Tasesa Akeripa, Jack Tillery, Mary Ann Tillery, Michael McDonde, Russell Wilson, Tom Parker, Cory Pedas, Donetta Anerson, Greg Bennon, Marlee Dalton, Edward Dalton, Merna Dalton, Troop 1420, Michael Freeman, Nathan Eldredge, Somsak Hendricks, Mallory Biard, Terri Farley, Jim Ward, Dalene Ward, Robert Davis, Randall Jones, John Wheatley, Chris Zeller, Elayne Pearson, Rod Pearson, Kimbra Zeller

a.SUB 2014-07 Zeller Subdivision

Staff gave the report. Showed plat as it stands now. The amended subdivision would create 3

lots. All lots front the street with the required frontage on the road. Amending from 2 to three lots. Asked for comments from the public. There were no comments.

Lynn Butterfield moved to close the Public Hearing and open discussion with Todd Castagno seconding the motion.

Motion was made for approval by Martie Leo with Lynn Butterfield second. A vote was taken and all voted to approve the subdivision.

Motion to Open the Public Hearing made by Martie Leo with Todd Castagno second.

b.SUB 2014-08 Concept plat for Glenpoint Subdivision

Staff gave the report. This is the property that was recently zoned RM-7. It was recommended previously to do something like the Links. Plat was shown with twin homes as an un-gated community with private access and roads. Staff felt this meets all the requirements previously mentioned in the concept phase. Bryan asked about parking. Blaine showed where the second access was and parking. Blaine showed where guest parking was to be. Martie asked about the width of the roads. Developer answered 20 feet wide.

Lynn Butterfield made the motion to close the public hearing and Todd Castagno second.

Todd Castagno commends Pacific Fields Properties on their plan. Lynn Butterfield moved for approval with Martie Leo second. Vote was taken and all approved.

Motion to Open Public Hearing by Lynn Butterfield with Todd Castagno second.

c. REZ 2014-12 Rezone Property from A-20 to RR-5

Staff gave the report. Randy Palmer would like to rezone for future family development. The general plan calls for larger lots in this area. Access off of Bates Canyon Road would be restricted because it is a collector road so a road would need to be developed. Bryan asked questions about the road. Blaine answered that it would be a call by the fire department. Randy Palmer asked to come to the microphone and answer questions. Randy explained that he would like to build on that lot. He wants to get started now to budget for the improvements.

Terri asked about a substation for electrical in that area. Randy explained where that was located. Lynn Butterfield moved to Close the Public Hearing with Martie Leo second. Lynn Butterfield made motion to approve the Rezone with Todd Castagno second. A vote was taken with all approving the rezone.

Bryan Coulter made motion to Open Public Hearing with Lynn Butterfield second.

d.CUP 2014-09 Dog Breeding Kennel

Staff gave the report. Owners had built a kennel without a building permit, They were approached by the Planning Department and agreed to go through the process to obtain the necessary permits. Blaine explained the conditional use permits within the zoning ordinance. Permitted uses and Conditional uses. Conditional uses are those uses that can be found to be compatible with the neighborhood if certain conditions are met. With conditions to negate any negative impacts. With the help of Julie Pawlak staff created conditions they felt would be appropriate.

Staff recommends the Planning Commission grant the conditional use permit for a breeding kennel facility for Tasesa and Kristin Akeripa with the following conditions:

1. Limit the use of the property to breeding purposes only.

2. The owners or an agent for the owners reside on the property.

3. Odors be controlled and not detectable beyond the property line.

4. Flies and other vectors be controlled.

5. The maximum number of dogs on the property at any one time shall be fourteen(14). Dogs shall be confined to the indoor at all times except for (a) regular periodic stays in a fenced outdoor yard or (b) supervised training.

6. No dogs shall remain outdoors prior to 6:00 AM and after 8:00 PM daily.

7. No dogs outdoors when the kennel is not staffed.

8. All fencing (indoor and outdoor) intended to confine the dogs to be a minimum height of 6 feet and of sturdy construction to contain all dog breeds.

9. All outdoor containment fences, intended solely for unsupervised exercise, (a) shall be construction and maintained with a cement footing to assure that the kenneled dogs will be confined at all times and (b) shall be a minimum of 20 feet from all property lines.

10. Outdoor runs to be built on cement pads.

11. Permit holder will comply with all building requirements including but not limited to the owners obtaining the required building permit and inspections, be located a minimum of 100 feet from all property lines as required by Section 15-5.3.1(j) of the Tooele County Land Use Ordinance.

12. The kennel facility must be 150 feet away from any dwelling including those on owners' property.

13. All conditional uses to be carried out north of the dwellings of the adjacent property owners.

14. Abide by the Tooele County noise ordinance at all times. The applicant shall take whatever steps necessary to quiet the kenneled dogs.

15. Permit holder will assure that the breeding animals are in compliance with applicable health, veterinary, transportation and other laws applicable to the kennel operation.

16. The operation shall be in compliance with the Tooele County Health Department codes and requirements for proper disposal of waste and gray water from the kennel facility. The septic system must be totally separate for the kennel and the residence. All waste to be cleaned up daily at a minimum.

17. A kennel license shall be obtained from the Tooele County Animal Control Office, and regulations imposed by such license shall be complied with.

18. An initial inspection to ensure compliance with all conditions must be complete by a county official from the Tooele County Zoning Administrator, Health Department or Animal Control prior to issuing of a kennel license.

19. The Tooele County Zoning Administrator, Health Department or Animal Control may enter the premises at any time to inspect for compliance with all applicable laws, codes and conditions.

Lynn's understanding of item 13 is that the building that was built illegally on this property does not comply the this item and that there is no way item 13 can be complied with because the Dalton property is far far back to the north and there is no way this facility can be built north of the Dalton property. He asked the Dalton's if the facility was north of their dwellings. They answered no. Blaine and Lynn demonstrated where the homes sit. Blaine explained that it needs to be on the property adjacent to the facility not one away. Bryan asked about adult dogs. Julie answered that current the ordinance does not make any distinction as to what is a dog and what is a puppy. Our county needs to rewrite the ordinance and make a distinction as to what is a dog and what is a puppy.

Tom Smith spoke and addressed concerns that he had with the kennel. He owns the property west of the property concerned. He had pictures of the facility showing his concerns. He showed a picture of the building and stated that it was a tin building without heat of air conditioning with nothing to help with the sound problems. One picture showed that the animals have direct access to the outside. He ask their intent with no heat and no AC. He mentioned that the kennel was 112 feet from their property line and 20 feet in another. He feels they must be in compliance with building codes. He also mentioned compliance to the county code in number of animals.

Asked the applicant to speak. Kristin Akeripa spoke. Addressed the concerns of the planning commission. Had previously spoken with Kerry Beutler. They do have the kennel built and they are having it insulated on Thursday. Will do landscaping around to help with the noise. Addressed concerns with regard to dogs health. Stated that the building would be temperature controlled. Julie asked how many runs. Kristin stated that there are 12 on each side. Martie Leo asked how many females and how many litters they would have a year. Kristin stated that she has 7 females and 3 males with 4 other dogs in guardian homes. Typical litter size is 8 puppies. Most puppies sold before born or within 5 weeks. Julie had questions about the fence on the run. Kristin answered the fencing was commercial grade and answered all of Julie's questions about the fence. Julie asked about the distance of the play area away from the property. Kristin stated it was 20 feet and the barn was 120 feet. Bryan asked for comments from the audience. Joy Peters spoke. She had questions for Tom Smith as to his plans to build or not to build, as to the value of the property and home. Then her comment was, "When you allow uses like this that are not in keeping with a residential neighborhood, and is income producing, it has changed the use from residential to mixed residential and commercial. It has damaged the property. Commercial enterprises belong in commercial zones not in residential." Edward Dalton spoke next. His daughter's property is west of this property. He talked about everything being done after the fact. He talked about the noise factor of dogs. He is also concerned about the county being able to monitor everything. He is also concerned about the odor. He felt this is not in the best interest to have a kennel in the neighborhood. Terri Farley spoke next . She also felt it was detrimental to the neighborhood. She was concerned about the noise. She felt this would de-value property. Randall Jones commented on the amount of people applying for a kennel in Erda. He feels this is a commercial operation and we should not allow this in a residential area. Kristin was asked to address the sanitation issues. She talked about how things would be taken care of. They have a system in place to take care of all waste with a separate septic system. Tesesa the owner stated that they were the employees. They would not have moved in the area if they had known there would be such opposition. He stated that the dogs were about 70% of their income. He just wanted to reassure that they would do everything in their power to be in compliance. They were asked if they had a business license. They are working toward that. Elayne Pearson wondered if the home owners could tell them what they will do for water if power goes off. She also wondered how this would be monitored. Julie answered that the folks in the neighborhood would have to do the monitoring. It was stated that the zoning administrator would monitor based on complaints. Tesesa addressed the planning commission again as to the barking of other people's dogs.