Planning & Zoning
Commission

Duchesne County
Planning & Zoning Commission Meeting

The following document has been re-formatted from the original for Internet accessibility.  Planning & Zoning Commission Minutes, in their original format, are available through the Office of the Planning & Community Development Department.

County Administrative Offices
Duchesne, Utah
October 5, 2005 - 5:00 p.m.

In Attendance were:

Leon Sweat, Planning Commission Chairman
Michael Barneck, Planning Commission
Dean Brough, Planning Commission
Thomas Rather, Planning Commission
Chris Peatross, Planning Commission
Shelly Fabrizio, Planning Commission
Larain Mobley, Planning Commission
Mike Hyde, Community Development Administrator
Laraine Dickinson, Planning Secretary

Visitors:	Agenda Item:
Darrin Brown	All
Korey Walker	Lloyd & Korey Walker (CUP)
Clark Prothero	Lloyd & Korey Walker (CUP)
Don & Evone Birch	Lloyd & Korey Walker (CUP)
David Nelson	Lloyd & Korey Walker (CUP)
Brad Lyle	Lloyd & Korey Walker (CUP)

Chairman Sweat called the meeting to order at 5:00 P.M.

PUBLIC HEARINGS:
LeGrande Harding, requesting a Conditional Use Permit for extraction of earth products (gravel) and rock crushing, located in the Northeast ¼ of the Southwest ¼ of Section 27, Township 3 South, Range 2 West, USM, approximately 1.5 miles west of Myton.
Mr. Hyde stated the Harding’s have entered into an agreement with Burdick Paving to make 40-acres of their land available for a gravel pit. The property is located about 1.5 miles west of Myton approximately 5500 West and 7500 South to the east of the Harding’s home.

Mr. Hyde stated the zoning ordinance requires that the planning commission look at the conditional use criteria before approving a permit to make sure they meet all the requirements.

1.	Will there be any detrimental impact to any properties in the area.
	The zoning code contains a ¼ mile separation distance from residential units to mitigate the impacts of mining operations. In this case, the nearest home, other than the home owned by the applicants, is located about a mile to the west. Mr. Hyde stated there are similar operations nearby. To the northeast of this property is a gravel operation on the Moon property approved several years ago. The County Road Department has stated the road has been built up to accommodate the truck traffic from these gravel pits but they would expect Burdick Paving to repair any damage which may occur to the county road during the course of this project.
2.	The proposed use will be located and conducted in compliance with the goals and policies of the Duchesne County General Plan.
	Mr. Hyde stated the county does encourage and support extractive-use industry.
3.	That the property is large enough to accommodate the proposed project.
	Mr. Hyde stated the property owner owns the entire southwest quarter of Section 27. The 40 acres in the northeast quarter of this 160-acre parcel is large enough.

Mr. Hyde stated there are special minimum conditions for extraction of earth products.

1.	Must be maintained in a near dust-free condition;
	Burdick Paving indicates that they will provide water spray suppression for dust control.
2.	A bond shall be issued in the amount of one thousand dollars for each acre from which such material is taken as a guarantee of reconditioning;
	Burdick Paving has indicated that they are willing to provide a bond.
3.	Reconditioning to assure the surrounding property is protected along with the beauty of the landscape;
	Reconditioning must occur after the conclusion of mining operations on the site. Burdick Paving indicates that they will re-contour, and then grade to drain and re-seed the property when mining is completed.
4.	Rock crushing operations must be a minimum of one thousand three hundred twenty feet from any city, town or residential use.
	The distance from the subject property to the nearest home, other than a home of the applicant, is approximately one mile.

Mr. Hyde stated that in regards to the county road Burdick Paving and the County Road Department has worked together in the past, so there shouldn’t be a problem in this area.

Darrin Brown (Tri-County Health Department) would like to make sure that in their conditions that they abide by all local laws. I know that we have had a couple of these facilities lately that have been required to have an Air Quality Permit and haven’t obtained one. So the person in charge of the operation needs to make sure and find out whether or not they need to have one. It is determined on how much dust is put out as to whether they need to have a permit. Mr. Hyde asked Darrin if they need to ask Tri-County Health and Darrin stated they need to ask the Utah Division of Air Quality.

Chairman Sweat asked if there were any questions or comments.

Mr. Hyde stated Kerry Farnsworth of Burdick Paving had phoned earlier and would be unable to be here.

Commissioner Peatross asked in response to Darrin’s issue on the dust maybe for now and in the future we require gravel pits and similar projects have a standard on dust control and all proper permits need to be obtained. Mr. Hyde stated we can easily add a finding to the findings document indicating that under the dust-free condition that the applicants will need to check with the state air quality division to see if a permit is needed and make that a recommendation.

Commissioner Barneck moved that the Planning Commission approve the Conditional Use Permit requested by LeGrande Harding, subject to the following conditions:

1.	The property owner or their agents (Burdick Paving) shall:
	a. Ensure that dust is controlled to prevent nuisance conditions in the area.
	b. Maintain a reclamation bond in effect during the course of the operations. The bond shall name the County as a beneficiary to the level of at least $1,000.00 per acre disturbed.
	c. Reclaim the site at the conclusion of mining operations in a manner acceptable to Duchesne County.
	d. Obtain an operating permit from the DEQ Air Quality Division if such a permit is required by that agency.
2.	Applicants and their agents (Burdick Paving) agree that County haul roads shall be maintained and repaired in condition equal to or better than the existing condition of these roads as determined by the County Public Works Director. These roads shall be inspected and videotaped or photographed prior to the commencement of hauling to establish their existing condition.

Commissioner Fabrizio seconded the motion and it passed unanimously.

Lloyd and Korey Walker, requesting a Conditional Use Permit for extraction of earth products (rip rap rock) and rock crushing, located in the Northeast ¼ of Section 1, Township 1 South, Range 4 West, and the Northeast ¼ of Section 6, Township 1 South, Range 3 West, USM, approximately 2 miles northeast of Altonah.
Mr. Hyde stated W.W. Clyde is currently getting their rip -rap rock from the Fieldsted mining site just out of Altamont. W.W. Clyde thinks they will have enough rip rap rock (five inch and larger rock) out of their current site to complete the dam but just in case they run out they wanted to have another site ready to go. Mr. Hyde stated there are no residents close to where this mining would take place so there wouldn’t be a problem there.

Mr. Hyde stated we look at the same Conditional Use criteria:

1.	Health, safety and welfare issues and detriments to other properties.
	The zoning code contains a ¼ mile separation distance from residential units to mitigate the impacts of mining operations. W.W. Clyde had originally asked for two different mining sites but is looking at the easterly site right now.
	In regards to the County Road comments they have indicated that the haul route would be down 15000 West. Where 8000 North curves into it, the first mile is gravel road then when you get down to 7000 North it becomes paved down to Highway 87. All the trucks leaving the Walker property would travel about a ¼ mile over a private road that services both the Walker property and the Hidden Springs Ranch and the road in pretty poor condition. Any improvements or repairs of this private road will need to be dealt with privately by the owners involved and W.W. Clyde.
2.	The proposed use will be located and conducted in compliance with the Duchesne County General Plan:
	Mr. Hyde stated the County continues to encourage and support these industries. W.W. Clyde is under the gun to get the dam project done by the first of November, so if they need this rock then it would take place real soon and then the project will be done.
3.	That the Property on which the use, building or other structure is proposed is of adequate size and dimensions.
	Mr. Hyde stated the applicants own over 1,000 acres in the immediate vicinity of the mining location so there shouldn’t be an impact.

Mr. Hyde stated regarding the dust, we will want to add, in light of what Darrin Brown indicated here tonight, the applicants need to work with DEQ on a possible air quality permit and check with DEQ to see if one is needed.

The bonding would be required here at $1,000.00 for each acre and shall be posted prior to the commencement of mining operations on the site. According to W.W. Clyde’s letter, the property owners will be providing the bond.

Reconditioning must occur after the conclusion of mining operations on the site. If the permit is approved, a reclamation plan must be submitted to the county.

Mr. Hyde stated the Division of Oil, Gas and Mining have indicated that they do not need to regulate this site because it is considered to be the extraction of loose unconsolidated rock deposit versus the mining and blasting of bedrock.

Commissioner Fabrizio asked if this operation would interfere with the communication tower that is located in the area and Mr. Hyde stated a notice had been sent to UBET who is the owner and there was no response from them with any concerns.

Korey Walker stated the two sites they are looking at were both historical oil well locations. We have a ranching operation so my intent is to pull as much of the topsoil off as we can and bring it back over the site and reseed that area so that we can get the grass back. With relation to what WW Clyde is looking for right now they plan on about 200 loads over 11 days that would be taken from the site, it would be this fall; their plans are before November 1st. Both roads primarily the road in front of the Birch’s is not quite as good as the one going down 15000 West so that’s why it was recommended to go that way, so we want to do this before the bad weather and the frost sets in so that there will be minimal damage as possible. Mr. Walker stated that they have set up a deal with WW Clyde to do some crushing for their own personal projects on the farm. Mr. Walker stated a couple of other people in the area have contacted them if they could do some crushing and hauling and Mr. Walker stated that at this time they weren’t ready to get into this type of business but could consider doing it at a later time.

Mr. Walker mentioned that the telephone tower in the area was just purchased by UBET and there are fiber optics that run along the road and they have already been blue staked and so there shouldn’t be a problem there.

Mr. Walker stated in regards to Millstream\Hidden Springs Ranches to the south we have tried to contact Jason Danley both on October 4th and 5th and never received a reply either day to discuss any of their concerns. It is a private road going into the location, which Leon Harding owns on the south side and we own on the north. Mr. Walker stated he was willing to answer any questions concerning that private road because he realizes that there has been more traffic in the last couple of years with the recreation facility and commercial use so I do agree with the statement that the road needs to be improved.

David Nelson representative of Millstream Properties stated they had been out looking over the site that’s why they were unable to be contacted by Mr. Walker. Mr. Nelson stated they are opposed to this operation with the main reason being substantial expense made for a recreational facility out in this area. Mr. Nelson stated from the Duchesne County Plan that the county does encourage recreational facilities in the county. Mr. Nelson stated we originally purchased the land 4 or 5 years ago for a cattle ranch and we currently operate a cattle ranch running 300 to 500 head between this property and some other properties. We then saw the opportunity to build a recreational lodge and first it was going to be a family lodge. We got so many requests from people to use it that we decided to contact the county and see what was needed. This past summer we have been booked with family reunions, group parties etc. and we are completely booked into next summer the weekends this fall from now until the end of November we are completely booked also. The people come out here for what we have and what the county has they enjoy the rock climbing, riding horses and just enjoy the quiet atmosphere.

Mr. Nelson stated our understanding from the application was that they were asking for an 18 month application. First of all, that scares us because once they get started and it becomes more viable the project become indefinite and our concerns are with it hurting our business because of the noise and traffic. If the project is only going to take approximately 2 months we will be willing to consider letting the project go forth also if they could alleviate working on the weekend then this would be an appropriate time for us to agree to something.

Chairman Sweat stated to Mr. Nelson that it seemed that the noise is a main issue here and if there has been any studies done in regards to noise factors. Mr. Nelson stated the only way I can go by that is that there are some rock crushing activities in the Sandwash area and you can hear them for miles not a ¼ of a mile but miles and there are also concerns with trucks going back and forth and our customers being able to access without any accidents.

Clark Prothero (W.W. Clyde) stated there were some issues when they started the Fieldsted project with noise, traffic etc. and since that time there has only been one complaint with the noise and he stated that there shouldn’t be a problem here because they would only be working from 7:00 a.m. to 5:30 or 6:00 p.m.

Mr. Prothero stated that they always get a permit from DEQ air quality so there is never an issue with that. At this time we don’t have a contract with the Walker’s we have only discussed this and until they get a Conditional Use Permit there is nothing we can do, this would only be a backup pit and it would only be used if we run out of product at Fieldsted’s pit.

Brad Lyle (Millstream Properties) stated they had just became aware of this project in the last week or so, but with what has been said tonight 200 loads will be taken out of this site that would be 18 trucks in and out of the site each day. I am sure that the people living in the area would not appreciate this and I don’t know how many people they would have on their site but at times we will have 100 people on our site and we have a climbing wall where children play that is in close proximity to our entrance. So we would think that the county would need to consider the health, safety and welfare here. Mr. Lyle asked Mr. Hyde if he could tell the commission just how far this site is from their facility. Mr. Hyde asked if Mr. Lyle could show the commission on the topographical map provided where their fence line would be. Mr. Walker stated that it was approximately ¾ of a mile. Mr. Lyle stated there are some issues with the private road and have the owners indicated that the Walker’s and W.W. Clyde have permission to use it. Commissioner Barneck asked who owns the private road. Mr. Lyle stated they had contacted Forrest Bird (County Road Department) and he informed us that it was not a county road so we contacted the County Recorder’s Office and they stated it was a county road. Millstream Properties has a prescriptive easement to use the road.

Commissioner Peatross stated that he was unaware that there was an 18 months limitation on this application. The only issue with 18 months is that you need to proceed within that time frame or the permit is null and void.

Mr. Walker stated that after the rip rap rock has been removed then WW Clyde would bring in their crusher and crush rock for my own personal use and depending on how much rock was needed the project would be over with by April or there would be a possibility that it go into next September. At this time the commission stated that all conditional use permits are open ended as long as conditions of approval are being met. Mr. Walker stated at this time that they are willing to comply with all of the issues Mr. Hyde has recommended in the findings.

Commissioner Brough asked Mr. Walker to point just where the crusher would be located on the property and Mr. Walker stated that it would be in the vicinity of the tower. Chairman Sweat asked what the distance would be to the Hidden Springs Ranch property and Mr. Walker stated it would be 600 feet that would be the shortest distance. Commissioner Brough asked what type of activity is it you have near where the crusher would located and Mr. Nelson stated that in that area is where we have our horseback riding.

Commissioner Barneck asked if there would be a problem with a condition concerning working hours. Mr. Prothero stated there isn’t a problem with the rock crushing working from 7:00 a.m. to 5:30 p.m. and no weekends but with the rip rap rock we would definitely have to haul on the weekends. Mr. Nelson stated that no matter the limits on hours, noise of the rock crushing in the summer time months would be unacceptable to us.

Commissioner Barneck asked Mr. Hyde in a conditional use permit isn’t there some kind of acreage commitment on rock crushing operations. Mr. Hyde stated they have tied it to a quantity of material, which would be 15,000 tons of rock. Mr. Walker would have to determine the number of acres for the bonding purposes. Mr. Hyde asked Mr. Prothero approximately how many acres do you think this will entail and Mr. Prothero stated that it would depend on the rock in the area but would be 5 to 7 acres. So we would be looking at 5 to 30 thousand ton of rip rap and Mr. Walker wants 20 thousand tons of rock base. Commissioner Barneck asked how many acres there were in the old oil well site and Mr. Walker stated he thought it was about 10 acres but most oil well sites are 15 acres.

In regards to the private road issues the commission stated that the parties involved would need to deal with this matter among themselves except for the concerns of maintaining and repairing any damages that may occur during the operation.

Commissioner Barneck moved that the Planning Commission approve the Conditional Use Permit requested by Lloyd and Korey Walker, subject to the following conditions:

1.	The property owner or their agents (W.W. Clyde) shall:
	a. Ensure that dust is controlled to prevent nuisance conditions in the area.
	b. Maintain a reclamation bond in effect during the course of the operations. The bond shall name the County as a beneficiary to the level of at least $1,000.00 per acre disturbed. Maximum disturbance is ten (10) acres and 30,000 tons of rock.
	c. Reclaim the site at the conclusion of mining operations in a manner acceptable to Duchesne County.
	d. Obtain an operating permit from the DEQ Air Quality Division if such a permit is required by that agency.
	e. Ensure that rock hauling and crushing are confined to 7:00 a.m. to 5:30 p.m.
2.	Applicants and their agents (W.W. Clyde) agree that County haul roads shall be maintained and repaired in condition equal to or better than the existing condition of these roads as determined by the County Public Works Director. These roads shall be inspected and videotaped or photographed prior to the commencement of hauling to establish their existing condition.
3.	Applicants and their agents (W.W. Clyde) agree that the private road extending east from 8000 North to the Walker property entrance shall be maintained and repaired in a condition equal to or better than the existing condition of this road, as determined by the parties with legal rights to use this road. This road shall be inspected and videotaped or photographed prior to the commencement of hauling to establish its existing condition.

Commissioner Peatross seconded the motion and it passed unanimously.

Kathy Elliot, requesting to amend the Uintah View Ranches Subdivision, Lot 16-19, located 4 miles northeast of Duchesne (Section 16, Township 3 South, Range 4 West). The proposal would divide the ten-acre lot into two five-acre lots.
No one was present to comment on this request so Chairman Sweat turned it over to Mr. Hyde.

Mr. Hyde stated this is a 10 acre lot in Uintah View Ranches up on the Blue Bench. This proposed lot division has Tri-County approval, there is East Duchesne Water available and we have everything required by State and County code for approval of this.

Commissioner Barneck stated that he didn’t have any objections to this but had some concerns with the back piece of ground. Mr. Hyde stated they were unable to create two long lots that would be in violation of our width to depth ratio standard.

Commissioner Brough moved that the Planning Commission recommend to the County Commission the approval of the amended plat.  Commissioner Mobley seconded the motion and it passed unanimously.

Minutes: Approval of the September 7, 2005 minutes
Commissioner Barneck moved to approve the September 7, 2005 minutes.  Chairman Sweat seconded the motion and it passed unanimously.

Commission Comments and Staff Reports:
Mr. Hyde stated the next meeting would be on November 2nd but at this time there was nothing on the agenda. An amendment to the Val Del Padres Subdivision may take place (they will be creating 5-lots out of the existing 8-lots).

Mr. Hyde stated the County Commissioners would be having a continued public hearing for the changes to the zoning and subdivision ordinances on October 17, 2005.

Adjournment:
Commissioner Brough moved to adjourn the meeting at 6:40 p.m.  Commissioner Barneck seconded the motion and it passed unanimously.