Minutes of the Iron County Commission meeting convened at 9:00 a.m. February 12, 2007 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.

Wayne Smith reported on the availability of an endangered species mitigation fund grant. The matter will be referred to David Lovell to complete a grant application to help with prairie dog mitigation issues in Iron County.

Wayne also reported that he has been invited to a Board of Directors meeting of UCIP. A replacement Board member is to be selected to replace Gene Roundy.

Lois Bulloch reported that the Cedar City Chamber of Commerce has been receiving free rent in addition to using supplies, copy machine, equipment and janitorial service at the Iron County Visitor Center. A rental and use agreement needs to be negotiated.

Alma Adams reported that Officer Nik Johnson of the Sheriff’s Department has been recognized for his work in apprehending fugitives. The Federal Marshal’s have requested that he also be allowed to help on some of their cases.

Kevin Thurman reported on the Shiloh ranch appeal of a request for reasonable accommodation for a facility in Parowan Valley. A lawsuit has been filed and answered in District Court. The Shiloh Ranch group are protesting County procedure in the granting of the reasonable accommodation. No action is needed by the County Commission at this time.

Alma Adams made a motion to open a public hearing to receive comments on a proposed Amendment to the Zoning Ordinance regarding Setbacks For Accessory Buildings. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

Chad Nay presented the proposed amendment and explained that the Planning Commission has reviewed the ordinance and have unanimously recommended approval.

Arla Rawlinson, a County resident, spoke in favor of the proposed ordinance. She explained that in building a shelter for their horses, current setbacks would leave a large area behind the shed unuseable. Ms. Rawlinson presented a petition list signed by 40 neighbors that have indicated they are in favor of the amendment.

After all comments were received and reviewed, Lois Bulloch made a motion to close the hearing and to adopt the recommendation of the Planning Commission and adopt Ordinance 2007-1 as follows:

AN ORDINANCE OF THE BOARD OF IRON COUNTY COMMISSIONERS, PROVIDING FOR AMENDMENTS TO THE ZONING ORDINANCE OF IRON COUNTY, UTAH (the “Zoning Ordinance”) REGARDING SETBACKS FOR ACCESSORY BUILDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, in order to provide for the health, safety and general welfare of the citizens of Iron County, Utah, the County commission is committed to establish and keep current a Zoning Ordinance that specifies land use regulations and standards; and

WHEREAS, on April 13, 1998, the County Commission adopted the Zoning Ordinance of Iron County, Utah in accordance with the provisions of Utah Code Annotated relating to the adoption and content of Zoning Ordinances in the State of Utah; and

WHEREAS, since the adoption of the Zoning Ordinance, changes have occurred in the land use patterns of the unincorporated areas of the County; and

WHEREAS, the County has determined that it needs to make provision for accessory buildings to have reduced setback requirement that demonstrate the ability to meet the purposes and intent of the Iron County Land Management Code; and

WHEREAS, the Planning Commission of Iron County has held a duly advertised and noticed public hearing on the proposed amendments to the Zoning Ordinance of Iron County, Utah for the purpose of receiving public comment regarding the content of the amendments and has forwarded a recommendation to the County Commission that the Accessory Building Setbacks Ordinance Amendment of Iron County, Utah be adopted; and

WHEREAS, the County Commission of Iron County has held a duly advertised and noticed public hearing on the proposed Accessory Building Setbacks Ordinance Amendment of Iron County, Utah for the purpose of receiving public comment regarding the content of the amendments.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH AS FOLLOWS:

1. The document “Accessory Building Setbacks Ordinance Amendment of Iron County, Utah” attached hereto is hereby adopted, with necessary formatting, grammatical and spelling revisions as required.

2. All ordinances adopted subsequent to the “Accessory Building Setbacks Ordinance Amendment of Iron County, Utah,” shall comply with the goals and policies of the General Plan of Iron County, Utah, as amended, and the Iron County Zoning Ordinance, as amended.

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.

To the extent that any ordinances, resolutions or policies of Iron County conflict with the provisions of this ordinance, they are hereby amended to comply with the provisions hereof.

EFFECTIVE DATE: This ordinance shall take effect upon its passage by a majority vote of the Iron County Board of County Commissioners and following notice and publication as required by Utah Code § 17-53-208.

PASSED, APPROVED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF IRON COUNTY, UTAH this 12^th day of February, 2007.

The Table of Site Development Standards accompanies the Table of Uses. This table identifies the lot requirements, required setback and yard standards, building height standards, site coverage standards, and other requirements for the uses allowed within each Zoning District.

TABLE OF SITE DEVELOPMENT STANDARDS
	ZONING DISTRICTS
	A-20	R-5	R-2	R-1	R-1/2	C	LI	I	I-A⁽¹⁾
Minimum Lot Width	300 Ft.	300 Ft.	165 Ft.	165 Ft.	120 Ft.	90 Ft.	100 Ft.	150 Ft.	1320 Ft.
Minimum Front Yard Setback	60 Ft.	60 Ft.	60 Ft.	30 Ft.	30 Ft.	20 Ft.	25 Ft.	25 Ft.	200 Ft.*
Minimum Rear Yard Setback	60 Ft.	60 Ft.	60 Ft.	40 Ft.	30 Ft.	25 Ft.	30 Ft.	50 Ft.	200 Ft.*
Minimum Side Yard Setback	30 Ft.	30 Ft.	30 Ft.	30 Ft.	10 Ft.	10 Ft.	25 Ft.	40 Ft.	200 Ft.*
Minimum Side Yard Setback (Corner Lot)	30 Ft.	30 Ft.	30 Ft.	30 Ft.	30 Ft.	NR	NR	NR	200 Ft.*
Minimum Distance Between Buildings	15 Ft.	15 Ft.	15 Ft.	15 Ft.	15 Ft.	NR	NR	NR	15 Ft.
Max./Min. Building Height	NR	30 Ft. or Two (2) Stories/One (1) Story	30 Ft. or Two (2) Stories/One (1) Story	30 Ft. or Two (2) Stories/One (1) Story	30 Ft. or Two (2) Stories/One (1) Story	Three (3) Stories/One (1) Story	Three (3) Stories/One (1) Story	Three (3) Stories/One (1) Story	NR
Minimum Lot Size (Acres)	20⁽²⁾	5⁽²⁾	2	1	1/2	NR	NR	NR	80
Maximum Total Lot Coverage (all buildings)	NR	5% (Max. Site Coverage may be >5% for Green-houses)	10%	15%	30%	50%	50%	50%	NR
Accessory Outside Storage Areas						When located adjacent to any Ag. or Res. District must be screened by a solid, non- land-scape, fence or wall at least six (6) feet in height.
Outside and Security Lighting						Must reflect away from adjacent Ag. and Res. District
Accessory Building Setbacks – Unless determined otherwise by the County Commission, accessory building setbacks shall be 5 feet minimum for rear and side yard setbacks. Front yard is the same as the principle building and accessory buildings may not be set closer to the front property line than the principle building. Accessory buildings may not be located in utility easements.

⁽¹⁾ All uses and buildings located within the I-A zoning district, except for dwellings and accessory uses for dwellings, shall meet the minimum setbacks required for the I-A zoning district. Accessory uses and buildings in the I-A zoning district shall meet the minimum setbacks of the A-20 zoning district.

⁽²⁾For the purpose of calculating minimum lot size, one-half (½) the width of public streets or rights-of-way along not more than two sides of the lot may be included if that public street or right-of-way is established in conformance with the Iron County Transportation Plan or the Iron County Addressing Coordinate Grid System (i.e., along section lines, quarter section lines, etc. as commonly done with aliquot parts divisions). Such area of public streets and rights-of-way shall not exceed 20% of the minimum lot area.

Steve Platt, Iron County Engineer, discussed a proposed grant for an emergency watershed protection project after reviewing grant documents, Lois Bulloch made a motion to authorize the County Engineer, Steve Platt to sign documents in behalf of Iron County to move the project along. Steve is to provide regular updates to the commission regarding progress with the project. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

Alma Adams made a motion to accept the bids and to refer the bid packages to Alan Wade and Wayne Smith for review to determine if the machines met specifications. Also to award the bid for the lowest price machine that meets the bid specifications. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

Lois Bulloch made a motion to appoint Minnie Pittman to represent the low-income population of Iron County at the Five County Association of Government Human Services Council Meetings. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

A contract between Iron County Fair and Midway West Carnival was reviewed and approved as recommended by Art Walunas and Kevin Thurman. Alma Adams made a motion to approve the contract for a period of five years. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

Sheriff Mark Gower reported to the Commission on an ongoing problem with shooting of firearms near the lower archery range in Cedar Canyon near Rusty’s Ranch House Restaurant. Because of the location and availability to local shooters, there is no way to control the shooting in an adjacent canyon which has resulted in firearms being discharged into the areas where archery shooters were present.

Todd Christensen, BLM District Supervisor, stated that the BLM is not opposed to the closure for safety concerns. The BLM is also in favor of posting the area as a no shooting area.

Lois Bulloch made a motion to close the canyon adjacent to the existing archery range immediately to the discharge of guns on a temporary basis and to authorize the County Attorney’s Office to draft an ordinance permanently closing the area. She also requested that alternative in the area be explored as shooting areas. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

David Yardley presented for approval the following new employees: Kirk Barney as a Corrections Officer; Victor Almont as a Corrections Officer; and Patricia Decker a Council On Aging Center Activities Director.

The promotion of Exilda Serrano as an entry level Appraiser from Deputy Assessor was also presented. This transfer will be at the same grade.

Alma Adams made a motion to approve the new employees and promotion as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

Kevin Thurman reported on a proposed agreement with the Zabriski Law Firm regarding proposed Transient Room Tax Litigation to collect TRT collected by online travel agencies such as Travelocity and Hotels.com which charge tax on their booking fees but do not submit the tax collected.

The proposed agreement is not ready for approval at this time. David Yardley was requested to discuss this matter with the Board of Directors of UAC to determine if this is something that should be pursued by all of the Counties through UAC.

The Commission has requested that people or groups requesting prairie dog take under the Iron County HCP be present to discuss take for 2007. Wayne Smith explained that it is County policy to award no more than 15 dogs to any one developer or individual during a calender year from the dogs available through the HCP. The County has 71 dogs available during the 2007 calender year. After discussing policy regarding staying on the list if a project is not ready to proceed, the following take was approved:

Tim Stewart Subdivision west of Valley View Medical Center 14.2 dogs on 3.5 Acres.

Mitch Miller on E side of Airport Rd & North of Coal Creek 11.2 dogs on 3.04 Acres.

Philip Spencer (Trophy Homes) Cedar Springs Sub. Reserved up to 15 dogs to allow for a more accurate acreage and dog count.

Richard Mullins North Park Parowan N Interchange 15 dogs on up to 3 acres. Will do actual count on parcel in spring count.

The Commission also approved take of 1.1 SITLA bank dogs for Mel Clark Construction to cover unintentional take in completion of the SR 143 upgrade in 2006. Cost of SITLA dogs is $2,500 each.

Alma Adams made a motion to approve take to this point. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

Scott Wilson, Wilson Company, presented the 2005 Independent Audit Report. He explained that due to Computer software upgrades and changes in Personnel in the Auditor’s Office, it has been a tedious process in acquiring the appropriate data to complete the report. He reviewed with the Commission the report and recommendations.

Recommendations by the Independent Auditor will be reviewed with each County Department and recommendations implemented as quickly as possible.

After reviewing and discussing the report, Alma Adams made a motion to accept the 2005 independent audit report as presented. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

Marreen Casper, representing Senator Orrin Hatch, reported that Senator Hatch welcomes the new Commissioners and is looking forward to meeting in person with them as they attend the NACO Legislative Conference in Washington. Items of great concern which Senator Hatch is working on include full funding of PILT; Immigration; gang legislation; and hybrid vehicle legislation. Senator Hatch welcomes comments from the Commission and he encourages County input on issues of concern to Counties.

Rob MacWhorter, Dixie National Forest Supervisor, introduced himself to the Commission. He explained that he has recently been reassigned to the Cedar City office and he is looking forward to working with the County in developing the Motorized travel plan and to further develop a forest plan. He reported on his experience with USDA prior to this assignment and he reported that he is looking forward to working with local officials.

The Commission requested that the SR 14 corridor be looked at to determine if a right of way could be deeded to UDOT to facilitate improvements and maintenance on this route.

Steve Platt presented an escrow agreement between Iron County and developers of Harmony Mountain Ranches, Phase III. The improvements have been completed in Phases 1 and II. A cash bond will be placed in escrow to guarantee completion of improvements in Phase III.

Lois Bulloch made a motion to approve the agreement and authorize Commissioner Smith to sign. Second by Alma Adams. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

The Commission discussed the Federal Government plan to detonate a large bomb named “Divine Strake” at the Nevada Test Site. Because of concerns with prior nuclear explosions at the site and the effects of radiation exposure in Southern Utah, the Commission asked David Yardley to prepare a press release in opposition to the proposed test until complete environmental studies could be completed.

Commissioner Smith requested that the travel policy outlined in Section 15 of the Personnel policy be reviewed. David Yardley read the policy to elected officials and Department supervisors including Dennis Ayers, Assessor, Patsy Cutler, Recorder, Geri Norwood, Treasurer, Erik Jorgensen, IT Director and Christene Keene, Deputy Auditor.

Christene Keen stated that as a Deputy Auditor it is their department responsibility to review all of the bills submitted for payment. They had concerns with hotel accommodations for some employees traveling out of state for training.

Elected Officials commented that as Department Supervisors and Elected Officials, it is also their responsibility to monitor their own budgets and to use the most reasonable accommodations in association with access to conference facilities and availability of rooms. No changes were recommended or made by the Commission.

The Commission discussed the Gale Dorrity property which was struck off to the County in a tax sale. The property has not been cleared as requested by the County and Mr. Dorrity has left the property. He is now residing in St. George. There are still people living at the property. Mr. Dorrity’s son, Michael, was helping to remove the old trailers and vehicles from the property. He was killed in an automobile accident.

Mr. Dorrity will be contacted to determine if they are going to attempt to clear the property or if the County will declare the area as a blighted area and attempt to acquire a grant to clear the area.

David Yardley reported that Paragonah Town has requested that they be allowed to annex 300 West street into their municipal boundaries to clarify maintenance issues. The Commission reviewed the request and Alma Adams made a motion to approve the request of Paragonah Town to annex 300 West Street adjacent to their current municipal boundary. Second by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.

After the bills were reviewed and approved or rejected, the meeting was adjourned at 5:20 p.m. on a motion by Alma Adams. Second was by Lois Bulloch. Voting: Wayne Smith, Aye: Lois Bulloch, Aye; Alma Adams, Aye.