Planning Commission - Regular Meeting

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You might send me back. Welcome to the Morgan County. Can you hear me? Is my mic on? Planning Commission meeting. Today is Thursday, November 13th, 2025. It is 6:30ish p.m. And we are going to start the meeting off tonight with a prayer given to us by member McMillan. And then please join me in rising for the pledge of allegiance. Dear heavenly father, we're grateful that we can gather together as a county planning commission and residents and we're thankful for all the blessings that has blessed us with and we thankful for the wonderful weather we're having. We ask the heavenly father to heavenly spirit to be with us to guide us as we meet together and we can discuss these items on the agenda and we can work together and compromise and we say these things humbly son just Christ. Amen. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Do I have a motion to approve the agenda for tonight? Motion. Motion by member King, second by member McMillan. All in favor?

Opposed? Um, any conflict of interest tonight? Anything on the agenda? Seeing none, we will move into public comment. If there is anything you'd like to speak to us about tonight, um, you're welcome to come forward and please state your name for the record. the legislative items on our agenda tonight. So, item number eight and nine will have their own public hearing. So, if you are here to speak to us about either of those agenda items, please wait until that time. But if there's anything else you'd like to speak to us about or something administrative, now is your time. Thank you. Seeing none, we will jump into our first administrative item of the evening.

Thank you, Madam Chair, and good evening to the planning commission. Before I start, I'd like to uh acknowledge and welcome our new transcriptionist, Jesse Dre, who fills the office manager role in our office and who will be taking the minutes tonight. Madam Chair, item number six on your agenda is the LDS Mountain Green Cottonwood Canyon Road subdivision first amended. It's file number 24.067. Um the applicant is not in the audience tonight. Uh the item is is we're requesting a continuence for this item, Madam Chair. Not a continuence, rather. Um [snorts] since the public noticing requirements were not all fully satisfied. Uh staff will ensure proper notice is provided for consideration at a future meeting. Uh we've got our sites set on December 11 and we'll shoot for that until further notice. Madam Chair, thank you. Do you have a motion to No action. Okay, we're good. Never mind. Moving on.

Madam Chair, um item number seven on your agenda is the East Canyon Retreat small subdivision preliminary and final plat. That's application number 25.012. The applicant is Tom and his son Chad Guffy who are present in the audience tonight. Madam Chair, the project location is 4950 and 4964 South Highway 66 in the Porterville area with the parcel number and serial number identified in your meeting packet tonight. The current zoning is rural residential 5 acre minimum abbreviated RR5 and the acreage is 10 acres exactly. The request for tonight is for preliminary and final plat approval of a small subdivision of two lots. Um for the commission in the audience, the planning commission is the approving authority tonight. And so the sample recommended motions contain a motion for approval from this or sample motions for approval or denial from this body. Um the planning staff has reviewed and finds that this meets all of our minimum code requirements. the uh planning staff having weighed in on review along with the county recorder, the county surveyor, the county engineer, and particularly the Weaver Morgan Health Department who um said department uh took initial issue to the to the to a previous depiction of the plat drawings as seen on your screen that bisected a historic leech field. And so upon um approval of a new septic loca uh location for a septic leech field and the issuance of a septic permit from that department yielding the the current set of drawings that that show the new location for the leechfield and a line that does not bisect any utilities. Um

again staff recommends approval uh to this body for u again for approval tonight. The planning staff received uh two phone calls mainly asking uh for clarification on the subject matter for tonight's item. Uh otherwise uh Josh and I are happy to answer any questions that you may may have. Madam Chair, thank [cough and clears throat] you. Thank you. Any questions for staff?

Thank you for the applicant. Happy to my turn to the applicant. Yeah, that'd be great. Applicant want to come forward? State your name for the record.

Madam, I didn't hear the question. Oh, I think member Sessions is going to ask you one. Will you state your name for the record? Tom Guffy. My question is regarding the whales. It's a shared whale. You've got a well in the middle. Is that a shared well or is that to one of the homes? There's two individual wells, one for each of the residences. But you show three well sites. There was a uh first well that was punched that was deemed surface water. It's not used at all.

Okay. It just shows an easement to it. That's I thought it was maybe shared. And my only question is it it doesn't show the wellhead protections. We need to verify that they are contained within the law, but since they're not shown, I guess I' I'd like to see Maybe that as a condition that the wellhead protection zones are shown on the plat.

I thought they were on there. Do you want me to point them out? Okay. Sure. You can get close to that circle. So, yes. 100 foot radius.

Excuse me. This residence well is way out here in the field. This residence well is right close to the house right here. Here. And I can't read that third blurry, but it's way out here. No, I I see where the wells are, but the wellhead protection has to be contained within the lot, and it can't go outside of the lot boundaries, and I I assume the 100 foot radius is contained within the lot, but without that shown on the plaque.

Yes, the uh health department has come out and permitted both those wells. They've been in service for a number of years. Okay. I I I understand that. I'm I'm just kind of requesting that maybe on the plat that the well have protection be shown. The C exactly the circle and utility the utility easements the front and back and down one side are not shown either. I that just it can be done before the myar but that's I'm certain. Yeah, we certainly be happy to do that if you need that.

Awesome. That was great. Thank you. Thank you. [laughter]

Discussion question. Debbie, do you want to be in charge of motion?

Okay. I move we approve the East Canyon Retreat small subdivision preliminary and final plaid application number 25.012 012 allowing for a two lot subdivision of land located at 4950 and 4964 South Highway 66 based on the findings and with the conditions listed in the staff report dated November 13, 2025 and with the following additional conditions that the utility easements and the wellhead protection ction zone are shown on the plat.

Have a motion by member Sessions. Do we have a second? I'll second it. Second by member Wilson. All in favor? I. Any opposed? Motion carries unanimous. Moving on to our legislative portion of the meeting tonight. Um the next item is the uh emergency water element. Um our

Oh. Oh. Sorry. That one's even better. [laughter] She's ready. Uh, this is mandated by the state. Uh, so what's being proposed is kind of a stop gap to be adopted to our current general plan and then as our consultant goes through, it'll be fleshed out and expanded upon uh for the new general plan. But I'll turn the time over to our consultant, Valerie.

Thank you. Good evening, Madam Chair, members of the planning commission. Valerie Clawson with Planning Outpost. Um, a couple of quick things, updates on the plan. Um, so it has been available for review since November 5th and it'll be posted through November 21st to receive additional comments from any of the water providers or even the residents in general. It's it's open. And then um we have the consultation with the water providing providers that are occurring and the water providers that were specifically included in the plan are those that um the public culinary and then secondary water that has connections to residential. That's kind of where they drew the line and the state code requires specifically the public culinary. Um and so that is why um there have been just some questions because there's a larger list that has the irrigation and the ditch companies and things that um are more agriculturally based and those were not um required to be part of the analysis. Um the water uh providers that are in the plan are um mailed they [clears throat] were mailed a notice and then were invited to attend one of two virtual meetings. We uh held both of those. The second meeting was better attended on Monday where we had um a few of the the water providers attend and then we've received two written comments. Um the one just from the mountain green rest area and then um and then there was another comment that just said, "Hey, you didn't include any irrigation companies." And then he also had sideline comments just more about the the general plan about some feasibility on services that the county can provide. So, not exactly for the water plan, but we've received those comments and um and that is the update. The the good news is uh Mountain Green Secondary Water, they were in attendance and they gave us an update to the number that we had in the plan that they had a more current number than what the state

has listed. So, that is the update. Um it's a pretty dry section of the general plan. Uh chair, I can go over it otherwise it's it's ready. it is ready for adoption as as Josh explained to the current general plan. Um and then we'll incorporate it when we complete the new one this next year. So, thank you. Any questions for Valerie? See you tomorrow, Shad. [laughter] That's a small world. Bye. got a couple. Um, number one, in the purpose and overview, I noticed that the section of the state code, the 4032B II. Mhm. That's for moderate housing. When I looked it up, I think it's 2A V is the one for the water.

Okay. We'll make that update. Look it up and And then I didn't know we had talked about some of the systems that were missing. Is that not important right now on this? No. No. Once it's it was narrowed down to realize what was actually required then covered our bases.

Okay. And it says based on expected division of land. This is what page am I on? Page 10. Based on the expected division of land up at the top, land use roughly between roughly 65% housing and 35% commercial development. You expect that countywide or Yeah. So, there would have been just some basic analysis that was completed when when they did the research on what's already on the county records. I mean, it fits the town center.

Yeah, there's a lot of town center. We did provide them a list of all of our subdivisions and those entitled. Um, and then the uh the Excel spreadsheet. I mean, it's not completely up to date, but it did identify which ones were already built and which ones are are upcoming. So, a lot of that analysis probably came from that Excel spreadsheet that we provided. as well. So I I doubt doubt there's going to be 35% commercial throughout the county. Hope not.

That's a lot. Yes. And then further down on the page, I'm sorry, keep going. Under goal one, it says report for all major subdivisions and zone changes require water supply. What's considered major? Um [clears throat] would that be large? I mean st what? Our code uses um you have small subdivisions and then you have the larger subdivisions. So we can just update that to say large instead of major.

And then here's my favorite. Establish a formal review process with the Weber Basin Water Conservancy District for growth area designation. what we were with them for.

We were gonna update that as well. So, what we did find out was that they our growth areas. And then under goal goal three, it was adopt a watered landscaping ordinance requiring drought tolerant. So it's it's going to be that heavy-handed is is it is that heavy-handed from the state. So the purpose of this and I probably should have given a better background. So a lot of this so when we met with the water providers they were like oh this doesn't change our life because most of them already have conservation the bigger ones already have conservation plans. And so um this just notifies the state formally that the county is aware of these requirements and these conservation efforts. And so those were taken. This this was actually taken as light-handed as we could because there's some places that actually go down to like the square footage of grass. I mean like it gets really picky. So we've

Yeah. In in fact, there's been a couple site plans that have been approved that included um quite a bit of grass and they've had to come back in because Weber Basin has refused to um give them the water if they were going to use it for grass. So we've had to allow modifications for drought tolerant plant material uh with new site landscape plans and uh we've had to verify to make sure they have all the required percentages but but they are coming down pretty hard on that. Also under that same goal it says implement turf conversion programs for public rights away. What monies will be used because is a county going to implement or is that going to be Weber Basin turf? Yeah.

Or does it matter? It's left that way on purpose. It Okay. It It's a goal that's not Yeah. not off funded. And then it goal four talks about designate watershed protection overlay zones that restrict incompatible uses. Is that Go for Oh, designate. Okay. Yeah. Designate waterershed protection overlay. You guys probably even already have that. I mean, that's I don't You don't have an overlay.

You don't. You would have that's you have something in in your subvision reviews though that yeah [laughter] yeah that's about it. We don't have any water protection. Yeah. I mean,

there was a a a wellsource protection ordinance that came forward that would have done some of that, but it was denied by the commission and because we're an agriculture county, uh we were allowed to do that. Why look at watershed is up in the mountains where that that's how I interpret watershed protection over but I I guess or is it going to include the freeway and the railroad because if we get a chemical spill there then so yeah whatever watershed is I I it's it's fine to have it in there even though it's

I I think watershed also refers to the aquifers and so any spill would create an issue because there's there is a large aquifer over there in Mount Green, right? Yeah, very much so.

And the next one down says preserve natural flood plane. So I I assume that you would we would just move density out of the flood planes because right now we allow them to be built in the flood planes or is this could be changing? Well, this is a goal in a general plan. It's discretionary. Uh some of the goals, they never come about. Um I don't think we can restrict the entitlements of property owners. Uh since there are provisions to allow people to build within the flood plane as long as they are above the base flood elevation and they follow the the state and FEMA flood plane guidelines. So, we might want to just take that one out. [snorts] Okay. And then in goal five, it's replace AG distribution infrastructure. They're all private systems. So, I mean, this would work in a municipality where you'd have where you would own the water systems, but I um if we'd had more time, I think we could have come up with something that could have been tailored, but it's it's only going into the general plan that's going to go away in a year. Um, and then

this isn't going to carry over or some of it's going to have to be fleshed out. Some of it, yeah, some of it will carry over, but I think it'll need to be fine-tuned from Morgan County, and we can do that within the next year as the elements are being drafted. Oh, okay. I'm not so because it talks about water districts adopting we don't have per se water districts or public works to replace the aging water infrastructure. So, no, I understand. [laughter]

I just thought this was going to be what was going to go into the Right. I mean, it will, but we've had we'll have time to refine a month to Okay. create something and get it adopted by next month. So, and that's fine. I'm Yeah, I was Do I have a motion to go into public hearing? So moved. Motion by member Sessions. Second.

Second by member King. If you'd like to come forward and speak to us about our water use and pro preservation elements, please state your name for the record. Seeing no public comment, do we have a motion to close go out of public hearing? Motion by member Wilson. Second. Second by member McMillan. All in favor?

Any opposed? We are now out of public hearing. Any discussion on this? I think it sounds like a lot's going to change anyway. Yeah. Takes care of what we need for the next month. Well, yeah. General plan going in. Meet the deadline, right? motion. Do you want to make one?

Okay. Give a motion. I move [clears throat] that we we recommend approval to the county commission for the Utah code title 17 update code text amendment based on the findings listed in the memorandum dated November 13, 2025. This approval covers the changes currently proposed and also authorizes correction of any scriveners errors, minor technical errors. Am I doing it wrong? I don't think Oh, that's the next item. I went too fast. There's no going too fast. Scroll. It's all right. You skip. There it is.

Got it. We'll start over. I move and recommend approval to the county commission for the emergency adoption of emergency adoption of water element to meet state statutes and deadlines for the county general plan based on the findings listed in the memorandum dated November 13th, 2025. Motion second. Motion by member King, second by member Sessions. All in favor? I. Any opposed? Motion carries unanimous. Thanks. [laughter] Had you said anything, we would have Yeah, I'd have just gone right Janet. both aren't yet. Yeah, we are.

So, Madam Chair, maybe this will go down in history as one of the most boring planning commission meetings ever. We have not one but two state mandates. And so this one is for the Utah code title 17 update code text amendment and it's a request for approval of a text amendment to the Morgan County code to update references in the county code to reflect recent recotification of Utah code title 17 regarding county organization powers and land use authority. So during the 2024 legislative general session, the Utah code for title 17 was reorganized and renumbered. And so we also have a short turnaround uh for the state's timing to notify us to get this done. So this amendment updates the Morgan County code to reflect uh changes to the references that exist within the county's code, keeping all cross references to state statutes uh current and accurate. So this update is purely clerical and does not change the meaning, the intent or application of existing county regulations. And it really is it also gives us a chance to to look through references or hyperlinks in our code that may be older, incorrect, maybe not updated previously. And so a preliminary the preliminary chart in your meeting packet tonight, Madam Chair, does show um a good faith effort to get the references rounded together, but staff isn't fully confident that we've caught all of the references. And so staff is reviewing and finalizing cross references to the renumbered code for adoption. Uh therefore in your motion sample motion for a recommendation tonight, Madam Chair, there's uh business as usual with the the move for a recommendation for approval. Um but

I'd like to read the suggestion from staff for tonight's motion. Um and so going past I move that we recommend etc. Starting at the next sentence, it says, and I quote, "This approval covers the changes currently proposed and also authorizes correction of any scriveners errors, minor technical errors, or omitted references that may be discovered during continual staff review. Any future minor amendments of this nature shall be considered scriveners corrections and shall not require further further county commission review and do not substantively alter the intent of this of the amendment. Close quote. Madam chair, that's that's our recommendation as staff and I need the rest of my time and Josh and I are available for questions. Thank you and and Janet as well.

Thank you. I have in going through our code and this is why we drafted it this way. I have found references in our current code that were incorrect that they're citing the wrong state statute. And so that's why we want it this way when we go back through we're going to make sure that they link to the right content and so we get it correct. Thank you. Motion to go into public hearing. So move. Motion by member McMillan.

Second. Second by member Wilson. All in favor? Any opposed? Motion carries unanimous. We are now in public hearing. If you'd love to talk to us about this state mandate, come forward. Say your name for the record. Seeing no public comment, do we have a motion to go out of public hearing? Motion. Motion member King. Second. Member Wilson. All in favor? I.

Any opposed? Motion carries unanimous. Any discussion? No, I'm not reading it again. I was [laughter] We were waiting. Should we add for that sample motion uh Jeremy and Josh planning and county commission review just to cover both bases or do you care? Um I I think it only needs to say county commission because they're the final approving body and this would be also your recommendation to them that it not have to come back through.

Cool. So it that recommendation would cover both staff's recommendation and yours. Sweet. Do you want me to go? If you want to. I can read it again. It's fine. I want to give you a second chance if you want it.

No, it's all you. I move we uh recommend approval for the to the county commission for the Utah code title 17 update code text amendment based on uh findings listed in a memorandum dated November 13th 2025. This approval covers the changes currently proposed and also authorizes correction by Scrivener's errors minor technical errors or omitted references that may be discovered during continual staff review. Any future minor adjustments of this nature shall be considered Scrivener's corrections and shall not require further county commission review and do not subsequently alter the intent of the amendment.

Motion by member McMillan, second by member King. All in favor? I. Any opposed? Motion carries unanimous. Should have waited. That was long enough. Yeah. I like the word scrivener in there twice. Yeah, word of the day. Pronounce that one right cuz that's a comes from a lawyer. Any questions for us guys? My basic vocabulary. Any questions for staff? Welcome, Jesse. You get to hang out with us on all the Thursdays.

Oh, you're in retreat. I guess the only the only question I have will be hearing on December 11th is it the Ponderosa one or sorry not Ponderosa the Yes. Hond Rosa Rosa. It's been What's the status of the It's when I was reading that, wasn't it? Your [laughter]

um I was supposed to have a phone conversation with him today. Um that didn't happen. I think he got busy. So, I'm going to call Tai on Monday. Um he is proposing some changes. Uh and they'll I think they're planning on bringing another development agreement proposal forward to shift the road, but they're not creating that double frontage lot. Um the design meets the intent of our code. They're 150 ft away and they're putting their retention basin. Uh so there's there's at least 60 to 80 ft away from that. And um it it does meet our code. I think they're planning on doing that. And if they plan, if they do that, then they will withdraw their appeal.

I was gonna ask if it had been scheduled. The appeal was scheduled for the 19th. Um, but based on my conversations, they were discussing that uh because we had Mark Miller look at their proposed drawing. Um, and they said that if if Mark Miller was satisfied that it meets the distance requirements, it doesn't create the double frontage lot that they'd bring that forward uh as a development agreement amendment. Um, and then they would bring the subdivision forward after that. So, the subdivision will probably come forward with updated drawings probably in January or February.

More or less asking so that on the 11th we don't have more people showing up. Uh, no, no, we're going to hear it again. And yeah, I haven't seen any updated drawings yet. They're pursuing some other options. So, I think on the 11th, if we just want to hold off, not continue it, because I don't know how long it's going to take them to get updated drawings. And if they're pursuing the development agreement, that's a completely different application. Um, so I'm thinking the approvals will probably come forward first quarter of next year. That That's my guess. Does that answer your question? Thank you.

Do I have a motion to approve our October 23rd, 2025 planning commission minutes? I I submitted some corrections, but she hasn't she hadn't been able to log on to the computer. So, they left I made a couple conditions on one of the motions of the lost creek the gravel and it wasn't included. So, I just sent them to her conditions. We want to So, we can just approve them with Yeah. With the corrections. With the corrections. Yeah, I'll move that. Move the minutes with corrections.

Motion by member Sessions, second by member King. All in favor? I. Any opposed? Motion carries unanimous. Motion to adjurnn. Member Sessions. Second. Member Wilson. All in favor? I. Any opposed? Good night. And we will be eating turkey this time in two weeks.