Chairman Jim Baker conducted the December 9 meeting of the Kane County Land Use Authority. Administrative agenda item: A public hearing concerning the Road Dedication Plat and Parcel Line Adjustment of Section 36 and Section 31 East of Kanab requested by the Mongini family. The request pertains to the area near the UDOT building and East Hwy 89. Land Use Administrator Gary Smith said his department followed the State of Utah requirements in posting the Notice of the Public Hearing.

Tom Avant, TC Engineering, represented the Mongini family. Avant presented a “to scale map” showing the 25 parcels to be amended and the 13 newly created parcels. He explained the advantages to the county by approving the request, which will provide access roads as part of the East Kanab Transportation Corridor master plan.

Baker acknowledged the attending members of the public and invited them to voice their concerns. The issues discussed by the public did not pertain to the actual request of the Road Dedication Plat and Parcel Line Adjustment as stated on the agenda, therefore could not be addressed at this meeting. Baker, Commissioner Daniel Hulet and Smith assured the members their concerns will be recognized for future review. 

The panel recommended the Mongini’s request be forwarded to the Kane County Commissioners for final approval.

The next public hearing was legislative: minor modifications to Chapter One and Chapter Seven of the Kane County Land Use Ordinance, with changes to the Table of Contents. Smith explained the need to incorporate the Subdivision Ordinance into a Chapter 26, Subdivision Section, of the Land Use Ordinance and changing the table of contents accordingly. Currently, the Subdivision Ordinances are kept separately.

Next item was a change to the wording of Chapter 1-5: Effect upon Previous Ordinance and Maps. 

The members discussed the changes and made suggestions to the legal issues involved. Baker suggested the wording; “All previous designated land uses, legally vested within Kane County, Utah, and having been subject to continuous prior-conforming use, since (date entered), shall remain unaffected by subsequent land use designations and ordinances.”

Member Tom Forsythe stated it basically says, “unless you have vested rights, prior rights, the current ordinances is what you live by.” Baker’s wording was approved with minor changes.

Smith proposed a revision to Chapter 7-9: Subdivision Interior Fencing. “For the health, safety and welfare of the citizens in county approved subdivisions of nine acres or less it shall be the owner’s responsibility to appropriately fence in their animals.”

Smith explained as clarification, the subdivision ordinance specifies the perimeter of the subdivision will be fenced in order to keep grazing livestock out. Hulet explained the proposed revision is needed especially in smaller residential subdivisions by requiring owners to keep their animals/livestock in a fenced area.

The panel members recommended the revisions/modifications be forwarded to the county commissioners for final approval. 

Administrative: Brent Carter, New Horizon Engineering, appeared on behalf of John and Cynthia Miller for a Conditional Use Permit for the construction of 16 ft x 16 ft building on property in Duck Creek Village.

Administrative: Brent Carter, representing Robert A. Hamer, requesting a Parcel Joinder for parcels 36 and 37 Unit 2 in Elk Ridge Estates. Reason: to accommodate a motorhome garage to be placed astride the common boundary of both parcels. The members had questions about easements. Smith said all the paperwork was in order.

Administrative: Brent Carter, representing Andre M. and Jennifer L. Oeland, requested a Parcel Joinder for parcels 74 and 75 Unit 2 in Elk Ridge Estates. Smith stated all the paperwork is in order.

The panel recommended all the administrative requests be forwarded to the commissioners for final approval.

Baker announced his attending a clinic in Utah County on “Roberts Rules of Order” pertaining to fair and orderly meetings and parliamentary procedures. He thought it was a good idea to re-address the issues in a training session for the Land Use Authority members. Hulet suggested working with County Clerk Karla Johnson in setting up these sessions after the first of the year.