By Rebecca Dopp
Times-News Correspondent
Juab County Commissioners called a special meeting on October 11 to adopt a temporary land use ordinance. Glenn Greenhalgh, county planning commission director, said he had sent out a draft to all commissioners and after working on it, they made some changes. The changes are to clearly justify that the county has met state law. The purpose of the special meeting and to adopt a temporary land use code was to add language to reinforce it. Clinton Painter, commission chairman, read the ordinance into the minutes. It says, with some paraphrasing: “Whereas, Section 17-27A-504, Utah Code Annotated, 1953 amended, allows a county legislative body, without prior consideration of or recommendation from the planning commission, to enact an ordinance establishing a temporary land use regulation for any part or all of the area within the county if the legislative body makes a finding of compelling, countervailing public interest; Whereas, Section 12-1-601, Juab County Use Code, “the A-1 Agriculture District is established to provide areas where the primary use of the land is for agricultural and livestock raising purposes” and “only limited residential development is allowed in the A-1 District;” ’Farm Labor Dwellings” are a “conditional use’” in A-1 Agriculture District; The term “farm labor dwellings” is confusing and not well defined in the current Juab County Land Use Code; Only single family dwellings are allowed in Agriculture Districts and multi-family dwellings, including apartments and condominiums, are prohibited anywhere in the unincorporated areas of the county except in the extreme west end of the county; The current definition of “farm labor dwellings” is so vague it could essentially allow for apartments and condominium type housing in agricultural zones under the guise of “farm labor dwellings;” The county never intended for multi-family housing, including apartments and condominiums under the guise of “farm labor dwellings,” to be allowed in Agricultural Districts and such would violate the intent of the county general plan and county land use code; Whereas, one of the listed purposes of the Juab County General Plan and Land Use Code is “to preserve the agricultural base and prime agricultural property of the county” and allowing multi-family housing, including apartments and condominiums under the guise of “farm labor dwellings”, in Agricultural Districts would be contrary to that purpose; Whereas, allowing multi-family housing...in Agricultural Districts would bring increased traffic to rural roads, a need for sewer and water and utilities in rural areas of the county that are not prepared for such, and a need for increased public safety presence (fire, law enforcement, etc.) to an already stressed public safety system;” The county legislative body ordains the following: Section 1. Finding of compelling, countervailing public interest. A. The vague and confusing definition of the term “farm labor dwelling” could lead to housing that is completely incompatible with the intent of the Juab County General Plan, the intent of the Juab County Land Use Code, and the express purpose of the Agricultural District. B. The foregoing constitutes a compelling, countervailing public interest which justifies the temporary land use regulation set forth in the Section 3 below. Section 2. Balancing of Public vs. Private Interests. The legislative body finds that the effect of this temporary land use regulation on owners of private property, who might submit applications for “farm labor dwellings” under the current definition of the same, is outweighed by the public interest in maintaining the quality, scale and character of property in the A-1 Agricultural Districts within Juab County. Section 3. Temporary Zoning Regulation. From the effective date of this ordinance and during the period of this temporary land use regulation, conditional use applications for “farm labor dwellings” in A-1 Agricultural Districts within Juab County will not be accepted or approved. Section 4. Duration. This temporary land use regulation shall remain in effect for a period of six (6) months from the effective date of this ordinance or until the effective date of the county legislative body’s action adopting revisions to the Juab County Land Use Code, whichever occurs first. Section 5. Effective date. This ordinance shall become effective immediately upon passage. After being asked by the press if there was a specific incident that prompted the need for the changes, Painter said the commission was just trying to clarify the term “farm labor dwellings” in agricultural areas. The commissioners voted unanimously to adopt the ordinance as read. Greenhalgh said that another part to this was making sure that there was a proper definition of “farm labor dwellings”. He said that he would like commissioners and planning commission members to come up with some language that everyone would be alright with going forward. “We just want to make sure we get it right,” he said. Painter said that they would have six months to come up with something and get it passed. Commissioners Clinton Painter, chairman, and Byron Woodland were present for the meeting. Commissioner Rick Carlton was unable to attend, but participated via conference call. Also present were Alaina Lofgran, county clerk; Ryan Peters, county attorney; Perry Davis, deputy attorney; Rebecca Dopp, press; and Shirl Nichols, county planning commission member.
| 