BOX ELDER COUNTY PLANNING COMMISSION MINUTES ...

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BOX ELDER COUNTY PLANNING COMMISSION MINUTES September 20, 2012 The Board of Planning Commissioners of Box Elder County, Utah met in the Box Elder County Commission Chambers at 7:00 p.m. The following members were present constituting a quorum: the following Staff was present: Chad Munns Desiray Larsen Kevin McGaha Michael Udy Bonnie Robinson Jay Christensen Laurie Munns

Chairman Vice Chairman Member Member Member Member Member/Excused

Kevin Hamilton

Director

Elizabeth Ryan Scott Lyons

Ex. Secretary Planner

The following citizens were present: Gary Gillespie/Murray Mike Davis/West Jordan Cara Warren/South Willard Blair Wardle/Co Attorney Office

David Morris/Park Valley Steven Jensen/Tremonton Cami Marriott/Ogden

The Minutes of the August 16, 2012 were made available to the Planning Commissioners prior to this meeting and upon review a Motion was made by Commissioner Bonnie Robinson to accept the Minutes as written with correction; seconded by Commissioner Kevin McGaha and passed unanimously.

PUBLIC HEARINGS Chairman Chad Munns called for the public hearings on the agenda by informing those in attendance that each item would be handled separately, and that the time for the hearings was to allow the public the opportunity to voice any concerns and that the Commissioners would listen to the comments and concerns, but this was not a questions/answer time. STOKES WEST SUBDIVISION AMENDED, AMENDSS12-006, LOCATED AT APPROXIMATELY 7445 WEST 8800 NORTH IN THE TREMONTON AREA OF BOX ELDER COUNTY. This applicant was requesting an amendment to a two-lot subdivision that was created in 2000. The owner of lot 2 was asking to create an additional lot; resulting in .55 acre parcel and one of 19.45 acres. No comments were received and the hearing was closed with a Motion by Planning Commission Minutes 9-20-2012 APPROVED Page 1

Commissioner Kevin McGaha, seconded by Commissioner Desiray Larsen, unanimous. WILLARD LAND HOLDINGS/MARRIOTT, CUP12-004; CONDITIONAL USE PERMIT FOR A BUTCHER FACILITY, TAXIDERMY FACILITY AND VETERINARY CLINIC TO BE LOCATED AT APPROXIMATELY 8181 SOUTH HIGHWAY 89 IN THE SOUTH WILLARD AREA OF BOX ELDER COUNTY. This applicant was requesting a conditional use permit to establish a butcher shop, taxidermy facility and veterinary clinic at an existing commercial site in the South Willard area of Box Elder County. This request meets the current zone of the area which is SW-NC and is subject to a CUP. No comments were received and the hearing was closed with a Motion by Commissioner Michael Udy, seconded by Commissioner Jay Christensen, unanimous. SNIPER COUNTRY/MIKE DAVIS, TEMPORARY (CONDITIONAL) USE PERMIT TEMP12-004; FOR A FIREARMS TRAINING FACILITY, TO CONDUCT TRAINING, HOST TRAINING, AND HOST EVENTS. LOCATED IN THE PLYMOUTH AREA OF BOX ELDER COUNTY FROM BROAD TO PORTAGE CANYONS. This applicant is asking for a CUP that could be in effect for two years in order to conduct training, host training, host events and develop/use of a controlled firearms training facility located in the Plymouth and Broad Canyon area of Box Elder County. No comments were received and the hearing was closed with a Motion by Commissioner Desiray Larsen, seconded by Commissioner Kevin McGaha, unanimous. GARY GILLESPIE/CENTURY MINING, RE-ZONE Z12-004, TO REZONE THE FOLLOWING PARCELS 07-119-0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, AND 0014 NORTHWEST OF PARK VALLEY IN UNINCORPORATED BOX ELDER COUNTY FROM THE CURRENT MU-160 ZONE TO MG-EX FOR THE PURPOSE OF A MINING OPERATION TO EXCAVATE AND PROCESS MATERIALS This applicant was requesting a re-zone of property located northwest of Park Valley that is currently zoned MU160. Several parcels are included in the proposed re-zone and the purpose for the change is to zone to MG-EX that allows for quarry, sand & gravel excavation. The rezone includes approximately 235 acres. Gary Gillespie (the petitioner) told the commissioners that this area has been the location of a historically producing mine and he is interested in bringing it back to life. He has had numerous geologists at the site to do sampling, mapping and drilling and the prospect was good. He has had all of the health and safety issues taken care of and now needs to re-zone the area in order to move forward with his mining operation. David Morris said that he had no objection to this mining operation, but did ask what the current zone was and exacting what was allowed under that zone. (Staff said that the MU-160 zone was mostly used for agricultural, grazing purposes, but if someone was interested in building a home in the area, they would need a minimum of 160 acres in order to do so.) Mr. Morris also said that there are others that may be interested in mining in the area and asked if they could be included with this application. An amendment to this application could be applied for in the future, but only the parcels that are included in this application would be considered for the rezone at this time. He is also working with the Forest Service to obtain an easement agreement for other areas, but said that he would come back sometime to request a re-zone for the other Planning Commission Minutes 9-20-2012 APPROVED Page 2

areas and that the Commission should move forward with Mr. Gillespie’s request at this time. At the conclusion of the comments a Motion was made by Commissioner Bonnie Robinson to close the hearing, seconded by Commissioner Michael Udy and was unanimous.

UNFINISHED BUSINESS _-- NONE NEW BUSINESS STOKES WEST SUBDIVISION AMENDED, AMENDSS12-006, LOCATED AT APPROXIMATELY 7445 WEST 8800 NORTH IN THE TREMONTON AREA OF BOX ELDER COUNTY. After having reviewed the information on the staff report and having received no comments during the public hearing, Staff recommended approval of the amendment to the Stokes West Subdivision. MOTION:

A Motion was made by Commissioner Bonnie Robinson to grant approval to the Stokes West Subdivision (Amended) with conditions as outlined by Staff, and forward to the County Commissioners for approval. Motion was seconded by Commissioner Jay Christensen and passed unanimously. Conditions of Approval: 1. Compliance with Box Elder County LUM&DC Section 6-1, Subdivisions. 2. Compliance with Box Elder County LUM&DC Chapter 5-1, Regulations Applicable to all Zones. 3. Final approval is granted by the County Commissioner a title review by the County Attorney.

WILLARD LAND HOLDINGS/MARRIOTT, CUP12-004; CONDITIONAL USE PERMIT FOR A BUTCHER FACILITY, TAXIDERMY FACILITY AND VETERINARY CLINIC TO BE LOCATED AT APPROXIMATELY 8181 SOUTH HIGHWAY 89 IN THE SOUTH WILLARD AREA OF BOX ELDER COUNTY. After having reviewed the information on the staff report and having received no comments during the public hearing, Staff recommended approval of the Conditional Use Permit for Willard Land Holdings/Marriott facility located in South Willard. MOTION:

A Motion was made by Commissioner Michael Udy to grant approval for the Willard Land Holdings/Marriott CUP with condition as outlined by Staff, noting that condition #3 is followed by obtaining all necessary permits/licenses as required. Motion seconded by Commissioner Kevin McGaha and passed unanimously. Conditions of Approval: 1. Compliance with Box Elder County LUM&DC Section 2-2-100, Conditional Use Permit. 2. Compliance with Box Elder County LUM&DC Chapter 5-1, Regulations Applicable to all Zones. 3. Compliance with all applicable county, state, and federal laws regulating the proposed uses, including all licenses, permits, etc.

Planning Commission Minutes 9-20-2012 APPROVED Page 3

SNIPER COUNTRY/MIKE DAVIS, TEMPORARY (CONDITIONAL) USE PERMIT TEMP12-004; FOR A FIREARMS TRAINING FACILITY, TO CONDUCT TRAINING, HOST TRAINING, AND HOST EVENTS. LOCATED IN THE PLYMOUTH AREA OF BOX ELDER COUNTY FROM BROAD TO PORTAGE CANYONS. Upon review of the application and materials submitted, Staff recommended Tabling this application until the petitioner had sufficient time to meet with the various county departments, i.e. county health department, county road department, county fire marshal, etc. These departments have reviewed the application and have some requirements that they would like to see met before approval is given. The applicant is aware of those requirements. Mr. Mike Davis then talked with the Commissioners regarding this request and said that he is not necessarily looking for approval of the entire site, but would like to have approval of the Broad Canyon area in order for him to move forward with scheduling events. Staff did say that most of the concerns from the various departments did deal with the site of the lodge as it does not meet the requirements for the health department. The septic system and the water for the lodge need to be addressed and that is being worked on at this time. There was an event held in July 2012 (that brought in participants from around the country and Canada) and some of the concerns from the fire marshal had been dealt with because of that event. Mr. Davis said that there is nothing scheduled for the remainder of the year, but he would like to be able to at least say that approval had been given for the canyon [range] sites. Temporary access to the range sites has been granted to the petitioner [through the courts]. An approval of the temporary use permit would be valid for up to two years and would need approval from the County Commission as well. The commissioners continued to discuss their concerns regarding the lodge with the petitioner; at the conclusion the following motion was made. MOTION:

A Motion was made by Commissioner Jay Christensen to grant approval to the Broad Canyon [site range] portion of this application with the conditions as outlined by Staff (and also the stipulations as outlined in the previous application from the July event). The Motion was seconded by Commissioner Desiray Larsen to forward to the County Commission for their review and approval. An amendment was then made to this Motion by Commissioner Kevin McGaha to bifurcate this application, thus granting approval to the Broad Canyon range site as previously stated, and splitting off the lodge portion of the application to be Tabled until further review and the completion of the necessary improvements/requirements are met by the petitioner with the approval of the various county departments as discussed. The Amendment to the Motion was seconded by Commissioner Bonnie Robinson and passed unanimously. Conditions of Approval: (as outlined in the July 2012 TEMP Permit) 1. Compliance with Article 5 of the Box Elder County Land Use Management & Development Code. 2. Compliance with Article 2-2-160, Temporary Use Permit, of the Box Elder County Land Use Management & Development Code. 3. Compliance with Section 65A-8-212 of the Utah State Code, specifically the Utah State Forester’s Fire Restriction Order effective July 10, 2012. This order prohibits of the use of any steel jacketed or steel core ammunition of any caliber. 4. Proof of insurance for the event/time period the permit is valid.

Planning Commission Minutes 9-20-2012 APPROVED Page 4

5. Compliance with requirements and recommendations of the Sherriff, Health Department, Fire Marshal, and Zoning Administrator including: (a) The Sherriff’s Office/Dispatch needs to have a 24/7 responsible person name and number during the event. (b) During the period where competitors will be walking on county roads with rifles, that informative signs be posted at all areas where the public could come into contact with the competitors to notify and explain to the public what is occurring and there is no need for alarm or police action. We recommend signs at least at 24000 N and 6000 W, 24000 N and 8600 W and 22400 N and 8600 W. The Roads dept should be contacted to ensure the posting of signs complies with any regulations they might have. (c) Take pre-emptive public education steps, such communicating the details of the event to the cities of Plymouth and Portage and home or property owners who live on the route. Although we can’t require a newspaper to do anything, the local newspaper should be contacted to see if they deem the event newsworthy. (d) Fire Prevention Warnings /safety rules will be posted on the dash of company vehicles and on the range firing lines as follows: Fire Prevention Rules:  No open flames on ranges.  No smoking except in designated smoking area, and no matches (lighters only) and cigarette butts must be disposed of designated disposal units.  Ammunition firing projectiles that ignite, burn, or explode are strictly prohibited on Sniper County Firing Ranges. Examples included but are not limited; Incendiary, tracer, armor piercing, armor piercing incendiary, and/or light armor explosive.  Targets that reactively explode, or burn or cause any other fire or safety hazard as a result of being shot are strictly prohibited on the range. Some examples are; Tannerite, dynamite, TNT automobiles, gasoline, oil, etc..  Fire Extinguishers and shovels are located in all company vehicles and located on range firing line and are clearly marked.  All large sponsored events must have a Type 6 Engine with two Red Carded firefighters on scene.  An inspection by the Box Elder County Fire Marshal twice a year may be done for compliance. Instructor Requirements:  Class briefings will include a review of the fire prevention rules that students must adhere to and their role they would play in a safety/fire response situation.  At least two instructors on the range must have undergone fire prevention training prior to the event taking place. All instructors will have a two-way radio and a cell phone on their person during the events. Two-way radios will also be in vehicles.  Fire response plan simulation exercises will be conducted once per year. Range Maintenance:  The ground around each target must be clear of flammable grass, sage brush, and flammable debris within twenty (20) feet of target and shooting area.  No welding or other fire hazard maintenance activities can be conducted without a fire extinguisher being present, and prior to conducting work, all flammable debris and vegetation must be cleared within twenty feet of the work area and the person doing the work must have gone through fire prevention manager training. Planning Commission Minutes 9-20-2012 APPROVED Page 5



The range will do fire safety inspections two times per year, one in the spring, and once during the summer to identify and eliminate fire hazards and ensure prevention rules are being followed. 6. Compliance with all applicable county, state, and federal laws regulating the proposed use, including all licenses, permits, etc.

GARY GILLESPIE/CENTURY MINING, RE-ZONE Z12-004, TO REZONE THE FOLLOWING PARCELS 07-119-0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, AND 0014 NORTHWEST OF PARK VALLEY IN UNINCORPORATED BOX ELDER COUNTY FROM THE CURRENT MU-160 ZONE TO MG-EX FOR THE PURPOSE OF A MINING OPERATION TO EXCAVATE AND PROCESS MATERIALS Upon review of this applicant, Staff recommended granting approval of the re-zone application with the conditions as outlined in the staff report and forward to the County Commission for their review and approval. MOTION:

A Motion was made by Commissioner Bonnie Robinson to grant approval of the Gary Gillespie/Century Mining re-zone and forward to the County Commission for approval. Motion seconded by Commissioner Jay Christensen and passed unanimously. Conditions of Approval: 1. Compliance with Box Elder County LUM&DC Section 2-2-080, Zoning Map and Text Amendments 2. Compliance with Box Elder County LUM&DC Chapter 5-1, Regulations Applicable to all Zones. 3. That the applicant submit notarized authorization from the land owner(s). 4. Compliance with all applicable county, state, and federal laws regulating the proposed uses, including all licenses, permits, etc.

WORKING REPORTS -- NONE PUBLIC COMMENTS David Morris said that he is working with Gary Gillespie is securing an access agreement [through Mr. Morris’ attorney] and that agreement should also address some of the other issues that were mentioned regarding water rights, protection of livestock, etc.; this agreement should then protect the right of both individuals concerning the mining operation in the area. A Motion was made to adjourn at 7:48 p.m., unanimous. Passed and adopted in regular session this

18th

day of __October 2012

__.

_____________________________ Planning Commission Minutes 9-20-2012 APPROVED Page 6

Chad Munns, Chairman Box Elder County Planning Commission

Planning Commission Minutes 9-20-2012 APPROVED Page 7