Minutes of the Iron County Commission meeting held October 14, 1997 in Commission
Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included
Roy P. Urie Commissioner
Dennis E. Stowell Commissioner
Karla Staheli Asst. County Attorney
David I. Yardley County Clerk
SYNOPSIS :
APPOINTMENT OF CHAIRMAN PRO TEM 1
APPROVAL OF MINUTES SEPTEMBER 22, 1997 1
APPROVAL OF WARRANTS AND ADJOURN 8
CIRCLE 4 FARMS DEVELOPMENT AGREEMENT 8
CIRCLE 4 FARMS OPPOSITION PETITION 5
COMMISSIONER REPORTS 1
Bureau of Land Management Regulations 2
Cedar City TV Site Changeover 1
Dennis Stowell 2
Newcastle Road Shed 1
Viet Nam Memorial Funding 1
EXECUTIVE SESSION - HAZE LOCKE 6
ORDINANCE 156 2
TEMPORARY ZONING REGULATION 2
PUBLIC HEARING - ZONE CHANGE APPEAL 8
ALFRED PUCHNER 8
ROAD RIGHT OF WAY FENCES 6
SUBDIVISION COMMITTEE REPORT 6
APPOINTMENT OF CHAIRMAN PRO TEM :
Dennis Stowell made a motion to excuse Commissioner Cardon for health reasons and to appoint Commissioner Urie as Chairman Pro Tem for this meeting. Second was by Roy Urie.
APPROVAL OF MINUTES SEPTEMBER 22, 1997:
Minutes of the Iron County Commission Meeting held September 22, 1997 were approved as amended on a motion by Dennis Stowell. Second was by Roy Urie.
COMMISSIONER REPORTS :
Viet Nam Memorial Funding: A donation of $1,000 to fund the Viet Nam Memorial Wall traveling exhibit in Cedar City was approved pending submission of information on where funds are to be sent on a motion by Dennis Stowell, second was by Roy Urie.
Newcastle Road Shed: A proposed contract with Dobson Construction for construction of a road shed at Newcastle was approved and signatures authorized on a motion by Dennis Stowell, second was by Roy Urie. The contract amount was $104,633.
Cedar City TV Site Changeover: Dennis Stowell reported that the Cedar City TV site above the "C" was now complete and ready to change over from the old site. It is suggested that a news release be sent out and that the change be accomplished on October 20 and 21. Citizens will need to be notified that they will need to re aim their antenna to pick up the signal.
David Yardley was ask to work with Dennis Johnson in notifying news media of the change.
Dennis Stowell reported that he had been contacted by residents and property owners along Lund Highway regarding speeding from U-56 to Midvalley road. They have requested that the speed limit be lowered for safety. The matter was referred to Commissioner Urie and the Sheriff's Department.
Bureau of Land Management Regulations: A proposal to amend Interior Department regulation in regard the hearings and appeals process is to be placed on the next agenda for discussion.
Dennis Stowell reported that the Utah Summer Games are seeking input on a proposal to change the opening ceremonies from Monday to Friday. The Commission felt that whatever the directors felt was best for the Summer Games was satisfactory with the County.
ORDINANCE 156 - TEMPORARY ZONING REGULATION :
Karla Staheli and Bruce Parker presented a proposed temporary ordinance which would be in effect for six months or until a permanent amendment to the Land Management Code is adopted was discussed. The Ordinance would bring the zoning regulation into substantial compliance with the County General Plan.
After receiving any public comments, Dennis Stowell made a motion to adopt Ordinance 156 effective immediately. Second was by Roy Urie. Tom Cardon was not present and did not vote.
AN ORDINANCE OF IRON COUNTY, UTAH PROVIDING FOR THE
ESTABLISHMENT OF TEMPORARY ZONING REGULATIONS; PROVIDING
PROVISIONS FOR THE USE OF LAND WITHIN UNINCORPORATED IRON
COUNTY FOR A MAXIMUM PERIOD OF SIX (6) MONTHS OR UNTIL THE
COMPLETION AND IMPLEMENTATION OF THE REVISED AND UPDATED
IRON COUNTY ZONING ORDINANCE, WHICHEVER OCCURS FIRST;
PROVIDING A TITLE; PROVIDING A PURPOSE AND INTENT; PROVIDING
FINDINGS; PROVIDING FOR APPLICABILITY; PROVIDING FOR
REQUIREMENTS FOR THE REVIEW AND APPROVAL OF DEVELOPMENT
PERMITS; PROVIDING FOR THE EFFECT OF THE TEMPORARY ZONING
REGULATIONS ON EXISTING COUNTY ORDINANCES AND CODES;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Iron County is experiencing, and is expected to continue to experience
substantial residential growth as well as increasing applications for all types of development
approval; and,
WHEREAS, in preparation for increased growth and development, and to provide
effective and well-reasoned public policies Iron County adopted the Iron County General Plan in
1995; and,
WHEREAS, the Iron County Zoning Ordinance, although amended from time to time
has not been thoroughly reviewed and revised since its date of adoption in 1981; and
WHEREAS, in evaluating the appropriateness and responsiveness of the Iron County
Zoning Ordinance as an effective implementation tool for the Iron County General Plan it
appears several inconsistencies exist between Plan policies and Zoning Ordinance provisions and
requirements; and,
WHEREAS, in order to ensure the Iron County Zoning Ordinance is an effective
implementation tool, Iron County is presently reviewing all existing requirements and provisions
of the Iron County Zoning Ordinance; and
WHEREAS, the Iron County Planning Commission has recommended that the Board of
County Commissioners consider enacting a Temporary Zoning Regulation while revisions to the
Zoning Ordinance are proceeding; and
WHEREAS, Iron County has contracted with Planning and Development Services to
undertake an evaluation and propose appropriate revisions to the Iron County Zoning Ordinance;
and,
WHEREAS, the Board of County Commissioners is authorized by State law (Title 17,
Chapter 27, Section 17-27-404) to adopt an ordinance establishing Temporary Zoning
Regulations for any part or all of the area within the County to be effective for a period not to
exceed six (6) months; and
WHEREAS, Temporary Zoning Regulations may prohibit, restrict, or regulate the
erection, construction, reconstruction, or alteration of any building or structure or subdivision
approval.
NOW THEREFORE, THE Board of County Commissioners of Iron County, Ordains as
follows:
SECTION 1. TITLE
This Ordinance, with its accompanying attachment materials, shall be known and may be cited as
the "Temporary Zoning Regulation of Iron County, Utah."
SECTION 2. PURPOSE AND INTENT
The Board of County Commissioners of Iron County finds that the health, safety and the general
welfare of the residents of Iron County will be promoted by establishing temporary zoning
regulations incorporating interim zoning standards or development in Iron County so as to ensure
consistency with the regulations and policies contained within the Iron County General Plan:
(a) the identification of appropriate uses for all land use areas of the County;
(b) establishment of appropriate levels of service for facilities to protect the health and safety of
current and future residents;
(c) equity in the cost of provision of services so as not to unduly burden any segment of the
community;
(d) protecting the environment of the County, including lands, natural resources, availability of
adequate water supplies, agriculturally productive land, open space and the air and water quality;
(e) preserving the existing character and property values of the County by assuring appropriate
design and compatibility of all development; and,
(f) establishment of appropriate governance procedures to provide direction, plan and administer
development applications so as to promote the interests and welfare of the community as well as
protect the property rights of all property owners.
SECTION 3. FINDINGS
The Board of County Commissioners hereby finds that the presently enacted and adopted
Iron County Zoning Ordinance is inadequate to deal with the location of uses; fails to establish
and provide adequate protection of the environment including lands, the availability of adequate
water supplies, natural resources, agriculturally productive lands, and the air and water quality of
Iron County; fails to assure the adequacy of public facilities; and fails to protect the existing
character and property values of the County with appropriate design and compatibility of all
development;
The Board of County Commissioners hereby finds that the existing Zoning Ordinance
and administrative procedures, necessary to address General Plan goals and objectives and
facility deficiencies are inadequate or lacking; and,
3. The Board of County Commissioners hereby finds it to be a matter of compelling,
countervailing public interest to establish temporary zoning regulations as set-out in this
ordinance.
SECTION 4. APPLICABILITY
Term of Ordinance.
This Ordinance, with its accompanying attachments incorporated herein by reference, the
"TEMPORARY ZONING REGULATION" and the "IRON COUNTY ZONING MAP" shall
remain in effect for the earlier of:
(1) Six (6) months from its effective date following its adoption by the Board of County
Commissioners; or
(2) The date of the adoption of the permanent Iron County Zoning Ordinance, as revised,
necessary to carry out the intent and purposes of this ordinance.
Affected Area.
This Ordinance shall apply to all properties within Unincorporated Iron County, Utah and as
shown on the Iron County Zoning District Map attached hereto and incorporated by reference
herein.
Type of Uses and Development Approvals Affected.
This ordinance shall apply, and to the extent set forth, to all applications for all development
approvals filed after October 14, 1997, or which were filed on or before October 14, 1997 but
which were not complete as of such date.
Type of Uses and Development Approvals Not Affected.
This Ordinance shall not apply to the following:
(1) Uses or developments for which only a certificate of occupancy is required; or
(2) Applications for development approvals which were filed and determined complete on or
before October 14, 1997.
SECTION 5. EFFECT ON EXISTING COUNTY ORDINANCES; CONFLICT.
A. Effect.
This Ordinance is intended to repeal the existing Iron County Zoning Ordinance, 1981, as
amended, as contained and as a part of the Iron County Land Management Code. All other
provisions of the Iron County Land Management Code, including the Iron County Subdivision
Ordinance, Development Construction and Design Standards, and any other existing County
ordinance or regulation shall remain in full force and effect. To the maximum extent possible,
the requirements of this Ordinance shall be deemed to be supplemental to, and not in substitution
of, these and any other existing County ordinances and regulations. Wherever possible, both
shall be given effect.
Conflict.
To the extent of any conflict between other County ordinances or regulations and this ordinance,
the more restrictive is deemed to be controlling.
SECTION 6. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its passage by the Board of County
Commissioners of Iron County, Utah.
PASSED this 14th day of October, 1997.
BOARD OF COUNTY COMMISSIONERS
IRON COUNTY, UTAH
By: /s/ Roy P. Urie
Chairman Pro Tem
ATTEST:
/s/ David I. Yardley
David I. Yardley,
County Clerk
Approved as to Form:
/s/ Karla Staheli
Deputy County Attorney
VOTING:
Thomas B. Cardon Absent
Roy P. Urie Aye
Dennis E. Stowell Aye
CIRCLE 4 FARMS OPPOSITION PETITION :
A. True Ott presented a request for the Iron County Commission to clarify in the Land
Management Code, the definition of a "Hog Farm" and to place retroactive controls on any
agricultural operation that produces more than 10,000 animals per year. He also ask that Hog
Farms be defined as an operation that produces less than 200 animals. The Commission accepted
the petitions. No action was taken at this time.
ROAD RIGHT OF WAY FENCES :
Justin Holbrook, representing Dixie Farms, came before the Commission to discuss
concerns with weed control along county road right of ways. Dixie Farms has removed some
fence along the Gap Road so that they could clean up the right of way and spray to keep weeds
out of their crops.
Mr. Holbrook was informed that County roads were designated as stock trails and since
the County provided the fence when the road was improved, it was the property owner's
responsibility to maintain the fence. Mr. Holbrook then requested that the County share the cost
of new steel posts to replace wooden posts which have been removed. This would allow for
burning weeds in the right of way. No action was taken on this request. Mr. Holbrook said that
the fence would be replaced.
EXECUTIVE SESSION - HAZE LOCKE :
Dennis Stowell made a motion to convene in Executive Session to discuss operations and
contract negotiations regarding the Iron County/Utah State Correctional Facility. Second was by
Roy Urie.
After reconvening in open session the Commission did not take any formal action.
SUBDIVISION COMMITTEE REPORT :
A report of the Committee appointed by the Commission to discuss ways to bring
Subdivisions which were created prior to 1981 into compliance with the current Land
Management Code was presented by Brent Williams, a member of the Committee.
The following report was submitted:
Background:
Iron County has a number of platted subdivisions throughout the County. Many of these
subdivisions were platted prior to 1981 when improvements (streets, water systems, etc.) were
not high priorities in the County. As a result, many of these subdivisions have few if any
improvements. The current Iron County Land Management Code describes the improvement
standards which are required to meet the service demands for the County. When a building
permit is issued in these subdivisions, there is a question as to how and when the improvements
will be installed.
The purpose of this committee is to give recommendations to the County Commissioners
for implementing the requirements of the Iron County Land Management Code. Specifically ow
to bring existing subdivisions into compliance with current subdivision standards.
The committee was selected from those who had an interest and, who represented various
facets of the County. Participants included; property owners, developers, government officials
and private business members as well as staff members from local government agencies.
Meetings have been held on a regular basis to identify and discuss issues associated with the
subdivision situation.
In order to treat all County residents, present and future, in a fair and equitable manner
and to protect the health safety and welfare of these residents, the following areas have been
identified by the committee with proposed recommendations.
Issues and recommendations:
Improvements: One of the main issues dealing with existing subdivisions deals with the
lack of improvements as required by the Land Management Code. When initial owners request a
building permit, in many cases there are few, if any improvements. The County, in order to
provide services, must have improved facilities within the subdivision. The imposition of all
improvement requirements for the entire subdivision on an individual will not be economically
feasible in most cases. Therefore, the County should continue to issue building permits subject
to the following:
1. At the time the permit is issued the property owner would be required to sign an
agreement that they: (1) acknowledge the improvements required in the subdivision, (2)
understand that installation of improvements is being postponed for the time being and,
(3) that they will not oppose the installation nor the financing of improvements (ie.
Special improvement districts, special assessments, grants, etc.) When requested by a
majority of property owners. This may occur upon 51% occupancy of their subdivision
or specific area*, or when Iron County determines the health and/or safety is a factor.
*Note: Area refers to all or part of a subdivision or geographical location.
2. Property owners would also be required to sign an Acknowledgment or Letter of
Understanding acknowledging that services to their parcel may be limited until such time
as the development in that particular area justifies full improvements as determined by
ordinance. This acknowledgment should be recorded in the office of the Iron County
Recorder at the time of the issuance of the building permit.
3. The County will monitor the building activity of each area as needed and may re-prioritize necessary improvement requirements based on growth. The time frame for
necessity of improvements and priorities may change based on the rate of growth in any
given area. Improvements may be required incrementally as determined by Iron County
based on the amount of development of a specific area.
4. Minimal improvements will be required: street signs shall be located at significant
access roads; survey monuments are required for construction unless waived by the
building department; and, addresses will be required and must be posted when a building
permit is issued.
5. The County should consider alternate standards for interior roads and collector roads.
Internal roads should be designed for reduced speed, collector roads for intermediate
speed.
Example: Interior Road - 14' improved width
Collector Road - 20' improved width
Environment:
There are a number of environmental issues which ave become more evident and of
greater importance as a result of development. Also, with additional and better information
regarding the water resources of the area, issues such as water quality and wastewater treatment
must be addressed in an effort to maintain our precious water resource for the future.
The protection of water quality can and should be administered by the Iron County
Commission, the Health Department and the Department of Environmental Quality. Existing
standards and codes should be evaluated so as to ensure that enforcement capability is available.
Codes should be adjusted as circumstances dictate. These departments have the required level of
expertise to properly monitor conditions and make adjustments as required. Iron County should
monitor the building activity of areas to assess the need for improved wastewater treatment.
Iron County should consider the proposed Model Wastewater Ordinance Part II proposed
by the Health Department. Also it is recommended that the County pay close attention to the
information provided by the Cedar Valley Ground Water Investigation.
Varying Conditions:
The County should consider different improvement requirements for "high elevation"
subdivisions. There are approximately 25 pre-1981 high elevation subdivisions in the County,
the great majority of which are "dry subdivisions" (where water is not readily available). These
subdivisions have minimal or non-existent County services due to their location and frequency of
use. Requiring a dry subdivision to install a public water system and fire hydrant system would
be impractical and require excessive maintenance in the severe mountain climate. Differences in
subdivision conditions should be considered when determining improvements.
Minority Report (Varying Conditions):
There are other subdivisions in lower elevations which may fit the definition of a dry
subdivision. If these residential structures are for "recreational" use (not year around), similar
improvement requirements as high elevation subdivisions should be considered.
Conclusion:
The Subdivision Committee would like to thank the Iron County Commission for
allowing us the opportunity to provide input to this situation. The recommendations provide, in
our opinion, will assist the County in bringing the existing subdivisions closer to compliance
with the current improvement standards while maintaining property values and allowing
development of private property.
Should the County Commission approve these recommendations, we assume they will be
adopted in Ordinance form. We would appreciate having copies of draft ordinances dealing with
these issues sent to us prior to discussion meetings.
Members of the Committee that were present were thanked for their work and effort that
went into this report. The Commission took their recommendations under advisement.
CIRCLE 4 FARMS DEVELOPMENT AGREEMENT :
A proposed development agreement between Iron County and Circle 4 Farms was placed
on the agenda from the last meeting. After reviewing the agreement, the Commission tabled the
matter until waste water permits were granted by the State.
PUBLIC HEARING - ZONE CHANGE APPEAL - ALFRED PUCHNER :
A zone change appeal filed by Alfred Puchner covering 2,000 acres northwest of
Kanarraville was postponed due to illness of Commissioner Stowell. There was not a quorum
and no action could be taken. The matter was re-scheduled for November 10 at 1:30.
APPROVAL OF WARRANTS AND ADJOURN :
After the bills were reviewed and either approved or rejected, the meeting was adjourned
at 1:45 p.m.
Signed:
Thomas B. Cardon, Chairman
Attest:
David I. Yardley, County Clerk