Meeting Minutes
Boulder Town Planning Commission
Regular Meeting and Public Hearing
April 13, 2006, 7:00 p.m.

Commissioners present: Elaine Roundy, Brian Dick, Eric Feiler, Mike Nelson, and Connie Reid. Also present were clerk, Peg Smith; and Planning Consultant, Curtis Oberhansly.

Others attending: Dianne Oberhansly, Don Montoya, Sergio Femenias, Cookie and Pete Schaus, Scott Brodie, Scotty Mitchell, Ray Gardner, Ian Dougill, Walt Gove, Tom and Caroline Hoyt, Katie and Mark Austin, Lou Brown (SITLA), Breck and Becky Crystal, Lisa Varga, Keith Watts, Tim Clarke, Dave Hensel, Tia Montoya, Eric Bresselsmith, Cynthia Low, Anselm Spring, Mikhal Chillier, Edd Franz )BLM), and Cindy Calbaum (Forest Service).

Mike called the meeting to order at 7:10 p.m. Eric moved to approve the minutes of March 9, Elaine seconded the motion, and all approved.
The posted agenda for the meeting was as follows:
• Approve current agenda and March 9, 2006 minutes.
• PUBLIC HEARING - Request for Preliminary Plat approval – Open County Investments, LLC. application for a single lot subdivision of Lot 7, Boulder Fields Subdivision, Plat C, in Lower Boulder.
• PUBLIC HEARING - Request for Preliminary Plat approval – Anthony Coombs application for a 9.45 acre lot northwest of the Boulder Cemetery and the Boulder Farmstead Water Storage tanks.
• Discuss ATV trail designations through and around Boulder
• Open preliminary discussion on SITLA section on the south boundary of Town limits, focusing on (1) possible trades with other agencies, (2) possible purchase by the Town through private fund raising efforts, and (3) examination of the zoning ordinances relative to public lands. (Public input is invited even though this is not a formal hearing. SITLA, Forest Service, and BLM reps have been invited to attend.)
• Discuss Ordinance 46D, the 90-day permit for owners use of RVs on their property.
• Plan agenda for May 11 public meeting
Public Hearing - Request for Preliminary Plat approval – Open County Investments, LLC.
Elaine moved to open the public hearing to receive comments on the application. Connie seconded the motion and the session moved into public hearing.
Curtis presented the application: The preliminary plat application was filed in October, the Zoning Administrator has signed off its acceptance. Easement issues raised with the conceptual plan were cleared, SW Health issued their feasibility letters, Boulder Farmstead has received their $1000 deposit for water hookup, utilities are available, and Curtis was not aware of any shortcomings to this single-lot sub-division. The Planning Commission clerk had received a letter from an attorney representing an adjacent landowner who had concerns regarding access to land to the west of this sub-division, but Curtis addressed that concern with the individual's attorney, and that concern is not relevant to this particular lot. (Their issue is with Lot 5; this is Lot 7.)
Eric asked about abandonment of an irrigation ditch on the land. That ditch isn't being used right now, but wasn't addressed on the plat. Curtis said the Commission could approve the plat subject to determining the ditch can be legally abandoned. Mike asked Eric to find out about ditch.
With no additional comments or questions, Connie moved to close the public hearing. Elaine seconded the motion, and all approved.
Public Hearing - Request for Preliminary Plat approval – Anthony Coombs
Eric moved to open the second public hearing dealing with Anthony Coombs' 9.45-acres, single lot sub-division northwest of Boulder Cemetery. Elaine seconded the motion, and all approved.
Mark and Katie Austin, potential buyers of the lot, asked Curtis to present the Coombs application: The Commission had recently recommended approval on Lots 1 and 2; this is Lot 3, also known as the "gravel pit." The feasibility letter from SW Health is not complete, pending the results of the perc test performed April 13. Boulder Farmsteads has issued its feasibility letter and received the $1000 deposit; utilities are okay, UDOT has approved access. The Commission could recommend approval on condition of receipt of the amended SW Health letter of feasibility.
Connie said she had looked into the lot's potential use as a gravel pit to see if would compromise the well, and she determined it is not a problem. She also suggested adding additional right-of-way around the storage tanks and had asked Mark Austin to use the east side of tanks because of water lines. Curtis said that Anthony had reserved 50-foot deeded easement for tank access, and asked whether the east easement is consistent with deeded easement description. This item needs to be verified.
Mark had asked the engineer, Rod Torgerson, to prepare a quit claim deed that would relinquish the current easement and reduce it to 40 feet. The additional area would overlap onto the cemetery boundary. He said he would work with Rod to clean up all these easements. Curtis said that if Boulder Farmstead is comfortable with the new travel easement, the title company will describe the easements on the deed. He also suggested an "unrestricted" easement in the deed to avoid future gate issues.
With no additional comments or questions, Elaine moved to close the public hearing, and Connie seconded the motion. All were in favor.
Mike reopened the regular meeting at 7:35 p.m.
Eric moved to recommend approval of the Open Country Investments Preliminary Plat application, pending verification of ditch issues. Connie seconded the motion, and all approved.
Elaine moved to recommend approval of the Coombs Preliminary Plat application, with the condition of acceptable completion of septic and perc test, and on getting the feasibility letter from SW Heath, and including the proper travel easements in the deed, 25 feet from the highway center line, on the road as it exists. Eric seconded the motion, and the Commissioners all approved.

ATV Trail Designations
Tim Clarke opened the discussion with a review of a letter from the Garfield County Trails Committee requesting public comment on its ATV trail maps slated for publication. He said over 130 people had signed a petition and written letters to the County Commission requesting additional time for input, having only received the map less than a week before comments were due. He and Curtis Oberhansly attended the County Commission meeting on April 10 to present the town's case. Although the Trails Committee has been meeting for the past three years, Boulder has not officially played a role in those meetings. Curtis and Randy Ripplinger had volunteered at the April Town meeting to be official reps to the Trails Committee, although any county resident who attends the meeting can vote. Other residents who have volunteered to work on this issue with Randy and Curtis are Lisa Varga, Scott Brodie, and Tim Clarke.
Curtis said the County Commissioners made it clear that the trails designation process is totally open and democratic, and if people want something different, they need to physically show up at the Trails Committee meetings. He thought that if the Boulder Town Planning Commission wanted to offer a different marketing plan for Boulder, the County Commission would listen.
General discussion ensued: one individual thought that some of the mapped trails conflict with other uses, such as horse riding. Other concerns, such as safety, were expressed, as in 8 year old ATVers sharing road space on the Burr Trail with 40 mph trucks, or on the apparent lack of additional enforcement or emergency response funds being allocated.
Don said that promoting more people on the trails puts a huge burden on Boulder to help provide emergency services. Katie agreed, and added that Boulder receives $1,300 per year from the county to provide fire service from the bottom of the switchbacks to Wayne County---that amount, she said, is not enough to drive 10 times down the Burr Trail. Their calls have doubled calls within the last 2 years as is. Mark added that Search and Rescue is already stretched. They mostly use their own vehicles and horses to go out on calls. "It's a lot of personal money, some of which may be reimbursed at a percentage. This puts a huge burden on the volunteer community and what it would take to increase our infrastructure to an adequate level."
According to Edd, about 560 miles of trail are open to ATVs, although some major routes---Burr Trail, Hole-in-The-Rock road, and Cottonwood are indicated differently between the County Trails map and the BLM map.
Cindy Calbaum said the county doesn't dictate the use applied to given trails. She said the Forest Service is currently planning to put out their own maps that designate trails, most of which are old roads. She said the intent is not to designate any new motorized trails that aren't available already. Hopefully their map will help clarify this so motorized use will stop where it shouldn't occur. She said that once the Forest Service travel plan is developed, they would expect fewer trails open to motorized use and more restrictions in front county areas. Their proposal will come out for internal review; with the finalized proposal available for public comment sometime later. .
Curtis said that Garfield County does not need a "one size fits all" solution. Maybe the western part of county can produce its ATV loops if they wish. If the eastern side doesn't like that plan, they should be able to reduce the number of trail miles.
People asked what recourse they have toward this plan. Curtis said the Town Council could pass a motion as a binding resolution after recommendation by the Planning Commission. The town needs another month to buy some more time for input. Tim reminded everyone that the General Plan statement of preference for a "quiet, rural environment" in Boulder. "Businesses have been set up based on that, and people like that. That is our "business plan."
Mike suggested that based on 130 petition signatures the Planning Commission ask the Town to not promote ATV traffic here. But Mark said areas we don't want them to promote need to be defined. As a possible solution, Keith said we could start with defining those trails were we are the closest community to that portion of trail. For information on the designated trails, see www.utah-trails.com.
Mike asked to conclude the discussion. Connie moved to recommend that the town forward the sentiments expressed in the public petition. Elaine seconded the motion, and all approved.
Preliminary discussion on SITLA land.
Boulder Town includes a section---520 acres--owned by the State of Utah, School and Institutional Trust Lands Administration (SITLA). (Edd also mentioned an adjoining piece next to it, managed by, but outside the Monument.) This discussion was to open the doors for comment on possible ways Boulder could handle this land. Lou Brown, representing SITLA, provided information.
Lou said completed land exchanges, other than Congressional exchanges, are infrequent due to bureaucratic roadblocks. However, a logical starting point would be a town request to buy the SITLA property. An organization called Utah Open Lands works with communities on these purchases. However, once that door is opened, SITLA is required to advertise as it is legally charged with obtaining the highest dollar it can for the Utah School System.
Tom asked how the planning can be kept as a negotiated position rather than opening up a bidding process. Lou said the town could approach SITLA with a concept that starts discussions. Only if the request involves a private sale does it go into an advertised position. Development plans in conjunction with towns and landowners keeps it out of the public auction process. However, if significant interest exists, that would bump the piece up to public auction to give competition a chance.
Tim said the town of Bluff has set up its own community land trust. Lou said he would leave maps with the town. Dialog with landowners and developing town plans can start anytime. Discuss ordinance 46D:
Discuss RV Ordinance 49D46D
Curtis is requesting a public hearing on amending Ordinance 46D to change to conditional use permits and close a few loopholes. The original spirit of that ordinance was to provide for non-commercial RV use by friends and family. , or during homebuilding. Garfield County gives conditional use permit that must be renewed every year, which also eliminates grandfathering, as conditional use must be reapplied for every year. However, as a public hearing, appropriate notice must be given, so the discussion will be tabled until the May 11 meeting.
Eric moved to adjourn the meeting, Connie seconded the motion, and the meeting was adjourned at 9:15 p.m.

Margaret Smith Date
Planning Commission Clerk

Approved:_________________________________ Date:______________________________________