Commercial Site Plan Review. The engineered site plan submitted by Rudy De LaPaz of Duck Creek Village, Cedar Mountain Home Furnishings LLC was the main topic of discussion at the Land Use Authority Commission meeting of August 12, 2009.

At the July 8 meeting, in an effort to achieve the goals and best interests of both the County and Mr. De LaPaz, the commission asked Mr. De LaPaz to submit an engineered site plan indicating the specifics of the intended “special events” to be held on his private property in Duck Creek Village. Re: A to scale drawing of all structures on the lots #77 and #78 including all buildings, storage containers, concession stands, bandstand/pavilion, dance hall, picnic tables (bar/tavern), signage parking spaces handicapped accessibility and the approximate number of people expected to attend. It was stated an estimated 200 people would be attending.


The Commercial Site Plan would then be reviewed by the County Engineer

Warren Monroe, of Jones & DeMille Engineering, Inc. Civil Engineers, and his   report would be submitted to Gary Smith, the Land Use Authority Administrator and also at the August 12th Land Use Authority meeting. Engineer Monroe, completed his review of the site plan and documented his findings with comments in a letter to Administrator Smith. Monroe stated everything is based on a daily research.

Monroe’s conclusions:

1.     We believe the narrow 30 ft. wide road, the drivability mix with foot traffic, and available parking to be a safety concern.

2.     The existing on-site wastewater disposal system is undersized for the amount of activity and number of customers that this venue is attempting to service.

3.      The congestion and uses of this venue are not in harmony with Kane County General plan.

4.  We believe that if this venue were allowed to operate as shown on the site plans, development summary and information packet sent to us for review, the overall general health, safety and welfare of the public and residents in the area would be comprised.

Monroe’s recommendations:

1.     Wider roadway width needs to be established and perhaps paved.

2.     More parking needs to be provided and dedicated walking paths with safety lighting would be advisable.


3.     More restrooms should be provided and a portion of them should be ADA compliant.

4.     A larger capacity septic system needs to be designed, approved and installed.

Utah Division of Environmental Quality (UDEQ) consultation would be in order to properly size the system.

5.     Dust control for any event of any size would need to be taken care of.

6.     Solid waste for any event needs to be planned for and taken care of.

7.     Facilities for hand washing and general safe hygiene should be planned for.

Monroe was present at Wednesdays meeting and elaborated on his review and   stated there may have been a matter of misinterpretation of Utah State Codes in the preparation of the submitted site plan.

De LaPaz presented his objections to the amount of the estimated 200 people stated in attendance. This would not be every day of the week therefore the septic system would not be used as much as the review states.

De LaPaz stated the intent is to have just five weekend “special events” a year, Memorial Day weekend to Labor Day Weekend. He also compared the 30ft. roadway in question to other Kane County Roads of similar size and surface.

Compliance with Kane County Ordinances and Building Codes was of major concern. The structures in the site plan did not pass the Building Inspections. The Pavilion was originally approved as a display for furniture. Commissioner Hulet emphasized the fact of changing the use to a “band/dance pavilion” requires another application and process for approval.

          Member Bill King approached the subject of a Conditional Use Permit. Member Bob Russell stated that is a separate issue, the administrative action on this agenda is for the site plan approval. Russell also stated a Conditional Use Permit is for a specific use. Criteria and stipulations can be addressed at the time of the application for a “specific event”.

Russell stated this Commission has a responsibility to the County to make sure everyone coming before the panel is in compliance and suggested to Mr. De LaPaz, to become familiar with the County Ordinances and State Codes requirements. Then On his next visit to the Commission he can be prepared to show his project is now in compliance. 

The Commission members discussed, deliberated and debated every aspect of Engineer Monroe’s review and Mr. De Lapaz’s objections and concerns. Engineer Monroe reiterated, the site plan with the 1000 gal septic tank capacity and leach field would only accommodate a “family size” input to the septic tank.

Chairman Jim Baker voiced his concerns with legal ramifications should problems develop in the future, due to the over use of the septic system and this commission knowingly approved the Commercial Site Plan as it was presented. Baker asked Deputy Kane County Attorney Bill Bernard for clarification. Bernard stated there could be legal issues falling back on the county.

The Commercial Site plan as presented, was not approved due to non-compliance with Kane County Ordinances and Utah State Codes. Vote was by the majority of the Commission members present.

          Terril Honey suggested separating the wording “business” from “event”. 

Administrative: A request for an extension to a Conditional Use Permit Application by Jim Henley to live on site to complete construction of a home, guest house, workshop and garage was granted for another six months.

          Legislative: A public hearing, for minor revisions/wording to some chapters of the Land Use Ordinance and the Subdivision Ordinance. Mainly changing the name Planning and Zoning Commission to Land Use Authority. The Commission reviewed and approved the changes to each chapter.

          Commissioner Hulet advised the members of the changes to the County Assessor’s office and to their new location.