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Show Wednesday, September 9, 1992 The Wasatch Wave 3A ooo Calendar off Evcnfc , Hunter ,Safety Class. Call 489-5678, 8 a.m.-5 p.m. Mon- i , day through Friday. ,u "Sept. 9 (Wednesday) Auditions for children in "Music Man", Wasatch High School Choir room, 6 p.m. to 8 p.m. Sept. 10 (Thursday) Bo Gritz Campaign Meeting, 7:30 p.m. at the Heber City Office building. Report on Bo's involvement in the recent events in Naples, ID. Sept. 18-26 (Fri.-Sat. except Sunday) Utah Mozart - Festival 1992, Midway Town Hall. ' t; ;' Sept. 23 (Wednesday) Choralettes to start rehearsals for winter concert at 8:30 p.m., J. R. Smith School auditorium. If you are interested in joining, call Mary Ann Anderson, 654-4143 . or Kristy Sullivan, 654-1523. .. If your club or organization is planning an event and would like to place it on The Calendar of Events, please contact The Wasatch Wave Office at 654-1471. Murray Jvian Sentenced To State Prison For Sex Offenses A Murray man was sentenced in district court, after being found incompetent in-competent to proceed with his preliminary pre-liminary hearing last November and being treated at Utah State Hospital, Hospi-tal, followed by an additional 90-day 90-day psychological evaluation. The defendant, Jerry D. Rudd, 34; pleaded guilty May 18 to reduced re-duced charges of attempted forcible sodomy, a first degree felony, and forcible sexual abuse, a second degree de-gree felony. Judge Boyd L. Park sentenced the defendant in district court to serve five years to life in Utah State Prison on the first count, and one to 15 years on the second count, with the terms to run concurrently. The charges were filed as the result re-sult of an Oct. 7 incident in which the defendant entered a Heber City home and assaulted a female occu the Wasatch Front is Beginning To Take The Six-Year Six-Year Drought Seriously i by Sonni Schwinn Wasatch Front water users may hive to begin to take water conservation conser-vation seriously, now that. Deer Creek Reservoir is only about half full and going down, after six years of drought, and the Provo River flow is at less than one third of normal. J Deer Creek stores a large share of the municipal water supplies for Salt Lake and Utah Counties, as well as irrigation water. But a federal fed-eral mandate requires enough water torbe released from the reservoir to maintain a minimum flow in the river to prevent destruction of the fishery. That creates a dilemma when there isn't enough snow pack malting into the river's tributaries to -deliver more water to the reservoir reser-voir than what must be released back into the river, whether water users need it or not,' making it impossible im-possible to rebuild the stored supply sup-ply in the reservoir. In 1988, the mandated river flow was 100 cubic feet (cf) per second, which water officials were prepared to' cut in half to build up the storage stor-age in the reservoir. But sportsmen : and environmentalists threatened a laWsuit to protect trie blue ribbon river fishery, and the two sides compromised by agreeing to an 85 cf minimum flow. J ' ' ' j Deer Creek's capacity is 152,000 acre-fe6tf (a-f), but Water officials project that it maybe. storing as little as 40,000 a-f:within a few months,: Therefore, outdoor enthusiasts enthu-siasts and environmentalists hope to persuade local water managers to restrict-water-consumption this winter on the Wasatch Front, in order ao rebuild the stored water supply, according to the Associated Press. v ' ' . I" V. ' " in pant DUI with injuries. Brandon Fife, no age or residence listed, pleaded not guilty in 4th Circuit court to a class A misdemeanor charge of driving under the influence influ-ence of alcohol, resulting in an accident ac-cident with injuries. His jury trial is scheduled for Oct. 2. The charge was filed as the result of an accident June 12 on State Road 189 at the Wallsburg turnoff. Drug distribution. A first degree felony charge of distribution of cocaine near Wasatch High School, and two third degree felony charges of distribution of marijuana have been filed in Circuit Court against Shaun Murdock, 26, no residence listed. The charges were filed Aug. 25 as the result of incidents inci-dents that took place last February. The AP quotes Jeff Appel, a water attorney and spokesman for the coalition of .the Sierra Club, 1 Utah Wildlife Federation, and the Utah Wildlife Leadership Coalition, as saying the situation wouldn't be ' so critical if conservation measures had been put into effect early. But none of the water districts asked their customers to conserve water until Salt Lake asked for a 20 percent per-cent reduction in use last week. The AP also quotes David Ovard, general manager of the Salt Lake County Water Conservancy . District as saying the problem with reducing water use is that the district dis-trict can't pay off bonds that financed fi-nanced its extensive distribution system unless it sells water. Sheila Sanchez,77ie Daily Herald (Provo), quoted Provo public works director Merril Bingham as saying, "The fish and wildlife (people) are pointing their fingers at the utilities, utili-ties, saying if we would have had mandatory restrictions all summer we would have been able to save enough, water to provide for the ' fishery." . ' ' She also reported that Richard D. Poulson, Provo River Water Users Association superintendent, said if the reservoir level drops below be-low 50,000 a-f, the memorandum mandating the minimum flow in the river will terminate and the association as-sociation could legally store water instead of turning it down the river. She quoted Poulson as saying, "The whole crux to this problem in a drought year is who do you give water to? People or fish? Quite frankly, the fish don't own any rights. The fish just happen to be there." ' tin UnMd FwHim lyfldicMt. Me. i'T'Y ''''' h..-'.k a FTT!!!ft Chamber Selects Business of The Month The Heber Valley Chamber of Commerce has selected Heber Office Products, 75 South Main, as this month's Business of The Month. Pictured are, left to right, Kathryn Parkinson, representing the Chamber; Scott Kohler, store owner; Alice Fortie, store clerk; Ruth Jarvis, Jeff Bradshaw, Stefanie Webb, and Carol Bonner, representing the Chamber. If the office or school supplies, business machines or furniture that customers want aren't in stock, Heber Office Products will pick them up in Salt Lake City within one day. Heber Office products is open weekdays from 9 a.m. to 5:30 p.m., and from 10 a.m. until 2 p.m. on Saturdays, and will deliver free-of-charge to businesses in Summit County and the Heber Valley. Lake Creek... Continued from Page 1A try to reconstruct some intent that took place 20 years ago, when a mistake, or possibly not a mistake, was made at the time when the boundary on that map was drawn. You start with the presumption that the lines are correct. That was the intent, and that's the law," said Hansen. Mathis said he needed at least a week to rewrite his recommendation to the commission according to Hansen's definition. Then Hansen will review it, to make sure it ad-; dresses only the pertinent issues, after which the planning commission commis-sion will' need time to review the recommendation. Therefore, they postponed their decision until their next regular meeting, Oct 1. Mathis noted in his recommendation that an amendment rezoning any area in the county must not be passed "unless it can be shown that changed or changing conditions make the proposed amendment reasonably necessary to promotion of the purpose of this development code." He said that must be the basis of all rezoning decisions. Hill said he believed the project docs satisfy the requirements for a zone change, on its own merit. He said he was satisfied that the two pertinent zoning issues, water and sewer, had been addressed and settled. set-tled. But, he said, at every meeqng where the application is discussed, there is a "new twist." He said new alternatives are brought up, which require more money to study, and which could even require the project to be redesigned. He said he had paid $20,000 for the county's consultants to study all the issues that had been raised, without arguing about it, and that all the answers pertaining to a zone change had been provided. He said he could think of several situations in which the same requirements of other developers had been waived, The Wasatch Wave listed as a historic West Center Street. mm j"'"""'Fnrr'r" k'"""'r but he had never asked for any waivers. He said he didn't see the "big run on development in the county" and that people who object to his proposal pro-posal are afraid of. "I think we have people in our community, mostly people that have joined us in recent years, that want to stop people from coming. I don't know how you deal with that scenario. We have it all over the valley," he said. He said his wife's family had been in the Heber Valley for four generations, and he'd lived here "a very, very long time. What if our grandparents had said, 'We don't - want any more development.' I don't think we hear that from that group, and it seems to me a little bit unusual that we're so worried about this massive growth we're having, and we're not seeing it." One of the main problems is that the county is operating according to its 1973 Zoning Code, and the new code the county is working on is still in the study phase. Janet Raby said she had based all her opinions on the existing code, and called it "useful" and "visionary," because it had accurately projected population increases. Commissioner Commis-sioner Wendy Hufnagcl agreed the population projections were accurate, accu-rate, but called the document a "dinosaur" because the areas in which growth has taken place has not been where they were projected to be. One of the citizens who object to the zone change, Fay McGuirc, said the bottom line in the Master Plan depends on how much water is available, and asked what will happen hap-pen if new developments arc responsible re-sponsible for depleting water supplies sup-plies to existing homes. Another citizen, Michclc Lentsch, pointed out that the 1973 code is the only zoning document that exists at this time and, there building, 1903, is site. Located at 31 fore, is the only reference people can base their opinions and actions on, especially those who object to zoning changes. She also said there are other areas in the valley where Hill's development could be built, where developed water and sewer systems are already available. The project's leading opponent, Mike Loriz, agreed that a lot of RA-3 property is available in the valley and there's no need to create more. He accused Hill of buying the property cheaply, at RF-1 prices, and expecting the county to change the code to improve its value, so he can develop and sell it at the higher RA-3 value. Hill's engineering consultant, Steve Sowby, said studies had provided pro-vided the planners with all the information in-formation they needed to make a decision. But Hill said he was willing will-ing to wait another month. Although Mathis will delete some of the information in the recommendation rec-ommendation he had already prepared, pre-pared, to comply with the zoning criteria Hansen defined, his summaries sum-maries of the project proposal and the neighbors' objections, his statements on the results of the studies, and some of his conclusions conclu-sions are still valid. The following are summaries and excerpts from what he wrote about the key issues: He confirmed the developer's claim "that the area was like other RA-3 property and should be zoned alike. "The developer also showed that the cost to develop the water system sys-tem would be about $593,261, regardless re-gardless of the density. This put the cost of the system from $13,500 per lot one-acre lots, to about $54,000 per lot for five-acre lots. Since the water system was required at five-acre or one-acre lot size, it was determined that the higher density den-sity was necessary to support the required water system..." The most common fears about the project arc the possibility that it will draw more water from the aquifer than can be recharged, and that the septic tank drainficlds will leach pollutants into the water souiccs that supply most of the Heber Valley. Consulting engineers "arc confident that a successful well can be drilled." They don't guarantee it will never interfere with other well, but a geologist recommends controlling the pumping rate to avoid drying up the aquifer. He adds the warning, "There is a very strong possibility that the safe pumping rate may not be adequate to supply the proposed development" "In all the City-County Health Department's communication with the County Planner, the opinion has been consistently given that subsurface waste disposal systems could be installed to meet the requirements re-quirements of the waste water code and function satisfactorily," based on consultants' reports. Citizens are concerned about the possibility that the septic systems could pollute water sources "if the drainfield areas experience highly saturated conditions due to prolonged pro-longed precipitation." The consultants consul-tants don't deny the possibility and recommend methods that can prevent pre-vent any pollution. The septic tank designs would be approved during the planning stage but aren't a zon- Feb. 16, 1900 The suspected case of smallpox, which was repot" jd in our last issue, is-sue, proved to be only a case of poison ivy. When it was given out that the case was not the dreaded disease, the whole community heaved a sigh of relief. March 3, 1905 The Nevada assembly has defeated de-feated the anti-gambling bill. This is probably the first instance in which an anti-gambling measure has been entirely defeated in the country. Oct. 29, 1926 A new coat of gravel is being put on Main Street northward from the Exchange comer. ing consideration. Regarding the County Comprehensive Compre-hensive Plan, "The County needs to establish and maintain community boundaries. ..to help reduce the number of requests to expand the zone in which non-farm dwellings are permitted. "As urbanization increases, so will the need for new and additional services... "Vacation dwellings which are situated outside of urban areas should be permitted only in areas that can be properly serviced, and where developers are willing to pay their fair share of the cost of any added financial burden occurring as a result of added services... "Changed or changing conditions make amendment of the Zoning Map necessary for the applicant "1. Daniels and Center Creek have not expanded their systems to accommodate the growth that has occurred in the unincorporated area of Wasatch County. "2. Agriculture cannot support the retail prices offered for the property and the land owners have not tolerated large lot zoning in the past." Determining water rights is the jurisdiction of the State Engineer, and his decision will set the limits for development. Water rights are not a county zoning issue. Four zoning options are available: avail-able: 1) rezone the whole property to RA-3, as previously recommended; recom-mended; 2) recommend rezoning only the irrigated portion; 3) recommend rec-ommend rezoning to RA-4, which would call for five-acre lots; 4) leave the zoning at RF-1 Mathis concluded, "The zone change requested by the developer should be granted in part and denied in part...The irrigated portion of the developer's property should be zoned for residential development, but the exposed rock and un-irri-gatcd area of the property should be left zoned as it is now, RF-1..." One reason for his recommendation, recommenda-tion, which remains valid, is "that the costs to install the water system at the five-acre density were excessive exces-sive and the primary reason to request re-quest the rezoning was to allow the property to be subdivided." He adds, "It has been argued that the rezone ought not be granted just because the developer wants to subdivide his property.. .The protestors argue that they have a right that is vested in the County Plan that the zoning should not be changed until the Plan is changed. "That argument docs ring true to me, except that conditions have, changed. The Plan was implemented imple-mented with a one-acre zone and not a five-acre zone. The majority of homes withii the affected area were built under thai zoning. Those built along the north side of the road after 1976 were built after the zone was changed to accommodate one-acre lots." One of the planners, Wendy Hufnagel, noted that the leading opponent of the rezoning application, applica-tion, Mike Loriz, had submitted a petition with about 200 signatures, which support Mathis's recommendation recommen-dation to change the RA-3, one-acre zone, to the new RA-4 zone, which would limit the minimum lot size to five acres. |