County counsel says planning commission authorized to issue conditional-use permits; RV dump-station approval prompts review

The commission reviewed a conditional-use permit application from the town of Manila for a recreational-vehicle dump station on Parcel 01-0090-0268. Planning and Zoning held hearings (March—May) and recorded a motion in which Tammy Twitchell moved to approve the permit, Alan Woods seconded, and Chad Reed opposed. The minutes noted that Sprague's Engineering advised updated approvals will be required from UDOT and the Division of Water Rights because plans changed.

County counsel (Kent) advised the board that, under the county code (title 8, chapter 11), the planning commission has authority to grant conditional-use permits and to impose conditions. Kent read portions of the ordinance, stating, "The planning commission may permit a conditional use ... In authorizing any conditional use, the planning commission shall impose such requirements and conditions as required by law." Counsel also explained the appeal process: any person may file an appeal in triplicate to the Board of Adjustment within 30 days of the PNZ decision and the board may either reaffirm the decision or set a hearing.

Commissioners discussed whether the PNZ's action was intended as a recommendation or final approval and agreed to reach out to PNZ members (including the PNZ chair) for clarification. The chair asked staff to reissue or clarify PNZ's letter if necessary before issuing county permits or proceeding with building-permit steps; the county will require UDOT approval for final plans and DEQ/wastewater compliance for discharge issues.