Meeting Minutes
Boulder Town Planning Commission
Regular Meeting and Public Hearing
March 9, 2006, 7:00 p.m.

Commissioners present: Elaine Roundy, Brian Dick, Eric Feiler, and Mike Nelson. Connie Reid was absent. Also present were secretary, Peg Smith; and Planning Consultant, Curtis Oberhansly.
Others attending: Don Montoya, Sergio Femenias, Cookie and Pete Schaus, Bill Muse.
February 9 minutes reviewed. Curtis clarified one note of procedure: once the meeting is called to order, it doesn't have to be closed in order to open a public hearing; the chair can merely ask for a motion to open the hearing, then a motion to close the hearing. (The minutes don't need to be corrected with this information.) Brian move to approve the minutes as written, Connie seconded, and all approved. Eric move to open the public hearing portion of the meeting, Elaine seconded the motion, and the commission moved into public hearing.
Agenda item is:
• Public Hearing Robinson-LeBaron sub-division.
Public Hearing on Robinson Sub-Division
Curtis agreed to present Robinson-LeBaron preliminary plat plan as has been evolving since last September. Curtis had been encouraging them to spend more time considering other solutions to some of the infrastructure issues that were inherent with that 12-lot subdivision plan. This new plan legally sub-divides the land with a single lot on which they can proceed with their own building lot.
Paper copies of the plat were passed to the commission, along with other documents including the well permit, septic permit, and a UDOT letter. This preliminary plat is a single, 112 acre sub-division, designated as Lot 1 of Boulder Creek Ranch sub-division. Future divisions of this parcel would retain the same subdivision name and be designated as plats in sequence "A,"or "B," etc. showing new sequential lot numbers to keep the same plat and reference.
Zoning Administrator, Donna Jean Wilson, has approved the Preliminary Plat application. Platting requirements have been met, other than not having the final mylar copy of the plat.
SW Public Health has signed off: a septic tank has been functional for some time. Water and culinary issues were addressed with the well they drew originally when they'd applied for a single family residence. Mike asked about wording on the plat regarding "storm drainage to be detained." Curtis presumed that was old language that didn't get removed from previous plat and will check it out.
Bill asked about the location of an irrigation canal, and said that a letter is would still required from Boulder Irrigation Company. Curtis will have the irrigation company check out location, maintenance access, and easement. If the canal touches the property, a 15-foot easement will need to be noted on the plat.
Don asked if this is now a plat of record with metes and bounds and why this sub-division is being presented in this new way. According to Curtis, this is a remedial action to enable Robinson-LeBaron to get building permit. The original property was sold to them just before Boulder's sub-division ordinance went into effect, and this needed to be corrected to comply with current sub-division requirements. The mylar copy of this plan will be filed with county recorder after a recommendation for approval goes to the town council, and council approves.
Don asked about the infrastructure requirements of a sub-division, including the road situation. Curtis said at this time, they are presenting the road as a private driveway, which has been in place for 8 or 9 years. Curtis agreed that the big issues in defining a large sub-division would need to be met when the time comes: properly defining accesses and easements, fencing, establishing a homeowners' association to handle internal roads, establishing proper road widths with appropriate base, testing soils, addressing water issues, assuring fire protection. A letter from the fire marshall regarding access and turn-around space will be required at the building permit stage. At present, according to Bill, it looks like they would meet all requirements.
Curtis said they do have a letter from UDOT regarding infrastructure requirements for accessing the sub-division from the highway. However, those requirements were based on this being a major sub-division, and an amended letter should be obtained before the Town Council meeting stating that requirement is waived as long as the turn-off is for one private residence only.
Sergio asked if anyone knows the intention of future development. Curtis said Robinson-LeBaron will subdivide further, but hopefully in a more relaxed process and thoughtful process, possibly modified from the 12-lot plan presented last fall. According to Curtis, Chris Robinson just wants to build a house, not sell lots right now. Curtis suggested that if they still want to go forward in the future (with other development) Boulder might look at a development agreement that specifies water, fire issues, access, fencing, etc. In such an agreement, a developer must give the town notice when he or she is ready to sell first lot. At that point, the developer has x amount of time to execute on the development agreement before selling the lot. The development agreement is a binding agreement with the town, and under such and agreement the Town would have a lien on property for the purpose of completing the agreed upon infrastructure if the developers didn't comply with the requirements of the agreement.
Don asked if "For Sale" signs are legal on lots before a sub-division has been approved and recorded. Curtis said nothing prohibits advertising or even taking earnest money. If someone tried to file a deed without an approved mylar, that sale is a voidable transaction.
Brian asked if there are any issues with sensitive lands or riparian areas, and Curtis said not in the area where the driveway or trailer is located, but that there are sensitive lands and riparian areas within the 112 acre gross parcel.
Curtis summarized the discussion and recommended that the Preliminary Plat be approved with the following conditions to be resolved before it be submitted to the Town Council for Final Plat Approval:
1) resolve storm drain wording on plat
2) create final mylar
3) inspect irrigation ditch and write in 15-foot easement, if necessary
4) obtain revised UDOT letter to reflect private drive access
5) double-check all existing easements to make sure they are noted
Eric also requested that the "Lot #1" multiple designations on the plat be removed. He also suggested reminding the owners of the temporary dwelling permit required for residing in the RV.
Mike asked for motion to close the public hearing. Eric so moved, Elaine seconded, and the public hearing portion of the meeting was closed.
Return to Regular Meeting
Brian moved to approve recommending that the preliminary plat application be forwarded to the Town Council for their approval with the conditions enumerated above. Eric seconded the motion, and all approved.
Don asked about bringing into compliance existing non-conforming structures that may be grandfathered? His concern dealt with the land where he currently rents a house: two houses are on the lot, a road runs between them, there are two water taps, all on 3 acres. What would happen regarding future sales of such a non-conforming lot? Curtis said he was not totally knowledgeable about such a situation. The 2005 State LUDMA statute generally strengthened non-conforming uses. If this is a non-conforming use, it should be on record to protect current residents. Typically, towns don't sweep through an area to clear up such situations, and municipalities aren't obligated to rezone everything.
Bill noted a similar situation in Lower Boulder on Renon's property. All agreed this would be a good topic to bring up with Sydney Fonnesbeck at the roads workshop.
Curtis asked if it would be appropriate to put on the agenda for next month a discussion about potential land swaps with the SITLA parcel through either Forest Service or BLM. Such a discussion would flesh out the following:
1) should the town show political will to encourage a trade where SITLA can get a parcel that is much less visible to the town and still let SITLA meet their objectives, and
2) discuss recommending special zoning for public lands. Not uncommon for towns to zone those lands in a way consistent with town's needs and consistent with public land use..
3) discuss whether the Town is willing to facilitate an effort to raise the necessary funds through donations and other funding sources to purchase and retire this parcel from development.
The commission agreed to put this topic on their agenda for the April 13 meeting. This would be a discussion of issues, not any type of proposal or recommendation yet---merely information gathering. Peg will make sure representatives of SITLA, Forest Service, and BLM are invited to attend.
Another agenda request came from Eric. He had just heard about county-level discussions on a trail system that would allow ATVs through Boulder and down the Burr Trail. Although the county hasn't directly approached Boulder town on this matter, the Web already has a map showing such a trail. Don expressed concern that this may enable ATV access to roads within the Monument. Pete, who had attended a county meeting, said that economic development is a priority, and this was seen as a viable way of promoting such development. This topic will be on the April 13 agenda. Eric will invite a county or Utah Trails representative.
Eric move to adjourn the meeting, with Elaine seconding. Mike adjourned the meeting at 8:20p.m.
Mike reminded everyone of the General Plan discussion on 3/23, with Tom Barlow.

Margaret Smith Date
Planning Commission Clerk

Approved:_________________________________ Date:______________________________________