Planning Commission - Regular Meeting

Nobody had show us the trust. All right, everybody. Let's uh go ahead and get started. We got a couple things to go through tonight and a couple people have to leave before we're done. Is that am I right in understanding that potentially? So, um Jim, would you lead us in the pledge? Sure. Would your hand over your heart, please follow me in the pledge of allegiance. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

There's there's the boss. Thank you, Jim. Um, by the way, everybody, welcome. Appreciate those of you who are in green. rest of you know not as festive but anyway um take a um motion for the approval of the minutes dated March 3rd I'll make a motion to approve the minutes dated March 3rd second we have a first and a second all in favor I I Okay items two

I ask for a um if we could change the order and put number five No, excuse me. Number six to number um to number two. Swap those two. We have some people from outside of the area and this product is very timesensitive. Um I'm okay with that. Plats and

item number. Yeah, I I think two, three, and four are just staff decisions. We're doing the formality of a public hearing, so I bet we can do them quickly. All right. All right. Item number two, um, Dallas. Item number two, we're just combining two lots into one through an amended plot. Okay.

Thank you. Um, it's a staff decision, but it is a public hearing. So, let's open the public hearing. Does anybody want to speak to this? If not, we'll close the public hearing. Staff decision carries. All right. Okay. Item number three, Plat and Plat Saddleback Ridge phase six. Also a staff decision and the formality of a public hearing. The same thing. They wanted they want to just combine that bolded area right there. saddle back in the one lot. Just say ditto. Ditto.

Okay. Um, this is a public hearing. Would anybody like to speak to this? Uh, if not or we'll open the public hearing. Uh, if not, we'll close the public hearing and consider that a moved forward to the staff. And then item number five, 148 South Ridge Road. Oh, four, sorry. Cedar Ridge subdivision.

Good evening. Uh Bob Platt. This is a little bit more involved. Not much, but the first item is plat. It's making two lots out of four. There's what the before was what you showed real quick. But this is the u the after. You want to show the before? See, right now it's these four lots right here. Okay. Oh yeah, this is Ridge Road. This is 165 South. This is 1650 West. Those are vacant. There's a house here. So that's that's the before. Four part four lots. The after is two lots with that line between the parcels being like that.

All right. Thank you. Uh any questions? This is a public hearing, so we'll open the public hearing. Is there anybody who'd like to speak to this? If not, we'll close the public hearing and look forward to the staff's decision. Um, let's do five. I don't five be quick.

So, yeah, it is a a public hearing with a recommendation, but go ahead. The Uber this item is to vacate this 7 and 1/2t sideline PUE along and just to vacate it. There's nothing there. And because the lot line's moving like this, the request is to vacate that 7 and 1/2t wide by uh 140t long peeweee. It's not vacating it down here in the front. There's still a a 10 foot pee along all the front. It's just vacating it from there.

What was going in there? Any idea why they did that or why they just how Ethan Bunker and Lou has them want to make their line between them? So, the original easement would have been there because that probably was the standard at the time when this was originally platted, right? But, uh, I believe Bob, correct me if I'm wrong. I think the utility companies have all already signed off on on this. Is that correct? That is not correct. I haven't had them sign off. You haven't had them sign off yet. You said anything about doing that, but if we can get it, I'm sure. Yeah, we we're definitely going to want to know that we've got the utility companies on board before this goes to city council.

Okay. I actually think there's a signatory on the They typically sign it. Yeah. I just I don't think if I was wondering I wonder if I looked at the whole plot. We ought to have a signatory on it for him. But anyway, yeah, I think it was there when we looked at it. But I think on these vacations, we typically have a sheet that you take around and everybody signs off on that. That's so perfectly good. Okay. Other than that, staff, you're good with it. Commission, any questions? Go ahead. None. All right. This is a public hearing, so we'll open the public hearing. Anybody like to speak to this? If not, we'll close it and sit for recommendation.

I make a positive recommendation item number five on vacating the public easement on 148 Ridge Road. I'll second it. We have a first and a second. All in favor? I I Any opposed?

No. Well, happy vacation, Bob. All right. Uh item six is the one um we got that fairly quickly so let's go ahead with that. The concrete batch plant uh Suncor is here talk to us about it. Good evening, commissioners. My name is Greg Flint. I'm with Clyde Companies representing Suncor. Um, we also have some other folks here from uh Suncor as well. Both uh Rey and Jeremy are the local operators here. And then um we've got Bill and David Dobbins. So if there's something I can't answer, I'll lean on them to to help answer that. But happy to be here this evening. Um just want to introduce our project uh which which is a batch plant uh just uh on over by the airport. So just by way of introduction, our mission is to build a better community. We're part of this community. You can see some of the projects that we've done. we've been involved with here

and we're excited to look at building essentially a Clyde campus of which this concrete batch plan is one of those items on this property. So, I'd love to introduce the property just um kind of where it is and and what really attracted us to that property right there. As you can see highlighted in red there is the property along 56 just west of the airport. Um, it's approximately 50 acres, 56 acres or so. And the reason that that's appealing right there is there there's kind of a few things. Obviously, the zoning, the industrial zoning in an industrial area, but one of the main components here is it's right next to a rail line. And I'll get into this a little bit later, but one of the the components of of batching concrete is being able to bring in fly ash and cement. and being able to bring that on rail is a huge component of why this site is so attractive. And so I'll get into a little bit of the I'm going to call it batch plant 101, if you will, just to kind of go into some of the kind of what this is and uh why this site uh is so attractive there. Wanted to just show the aerial just of the site right there. This was taken a few days ago. Um obviously this is looking southwest there. Um, but you can see all the roads are in. It's a padded site right there. Uh, 5 56 is on the south side and then it's basically can I I can point right one of these. So, basically it's that site and goes all the way around like that and then excludes the um big drainage pond right there as well. So, so maybe I can just go over a little bit about the batch plant. This is a plant that we have down in um in Hurricane, Utah. It's fairly new plant, but it's

the same plant that we're looking to put here in terms of the brand. It's called an eerie strayer. So, wanted to at least show this part of it so you had kind of an idea what that looks like. In terms of what goes into this, and this all kind of plays into everything we're discussing tonight. So, um there's kind of basically five ingredients, I'll call it, that go into this. And and these guys can correct me if I say ingredients the wrong way, but sand and gravel are kind of the two big ones. I just want to point out one thing about this. We would be bringing this clean wash sand and gravel to this site. So it's it's crushed and cleaned at the wa it's washed at the other location and then dropped off here. So the piles that would be here, they're they're clean and washed. So that matters when you're talking about dust later on and that sort of thing, but this is clean wash sand and gravel that goes in there. uh cement and fly ash. So generally I I just show this as another plant and what happens is the the trucks pull up with the cement and fly ash. It's a sister company we have which is bridge source which would like to build to build a terminal here but the way that typically works is the trucks pull up they blow the cement and fly ash up into the silos there and then obviously that drops down mixes with the other ingredients there. What what we're doing different in this location is why it's attractive is we have a yard up in um Ogden with for Geneva Rock and that fly ash and cement is brought in on rail drops in underneath and then it's goes over into the silos. What we'd like to do here and this is just a couple examples as you can see some silos there on the right side. Instead of bringing a truck in and then pumping the the stuff up to it, we would actually pump from that terminal that comes off the rail over to this batch plant in essentially in a in a closed

system the the cement and fly ash and add it to the the aggregate. So, it's just it's just kind of putting it all together in terms of what how that system works. There's a fifth ingredient which is kind of the add-ins and and the stuff that makes it stronger. That's all proprietary stuff that the the manufacturers have. That's kind of the fifth element. So, just wanted to go over kind of batch plant 101 right there to to show kind of why this is attractive here. Um, one of the things that also to note on this, there's kind of two two methods. There's a wet plant and a dry plant. a dry plant. Usually the truck pulls up, they drop the the mix with water, and then it pulls back and it spins for a time and that's that's more of a dry plant. Takes a little longer to mix it because it's mixing in the truck. This plant that we're going to do is a wet plant. And the reason that's important is um the trucks pull up, they mix in the barrel for two minutes. Is that right?

90 seconds. 90 seconds. And then it's it's all a wet mix at that point and then it's it's put into the truck. So anyways, put into the truck. The fly ash is put into the mix concrete. The mixed concrete. So you combined all the ingredients into the barrel. Okay. And then that's it's all wet and then what's that? Barrel on the plant. Thank you. Yes. So

and so yeah, just and so it's quicker because it's it's just going that wet mix. And just wanted to point all of that out as as really like the system is or like the dust and that sort of thing. It's it's all wet. It's clean material, that sort of thing. So, uh this is I just want to put the architectural plan. I believe this was in your your packet there, but it's the same plant that is in St. George there. What I wanted to point out is a couple things right here. Um, as we've looked at this, the plant in St. George, obviously different climate, but up in here in Cedar and in other locations where it gets a little colder, we like to enclose those plants. And there's a couple reasons for that. One, it's just it can operate in the winter. But we've also found some some great benefits for the sound as well. So, this is a plant up in Ogden that's enclosed. I wanted to show it. It's actually the same plant I showed you earlier that's in St. George, but it's enclosed. So, the that's just the the essentially the cladding or the structure that goes around it. Um, one of the questions we had was just kind of what do the colors look like? So, there's it's generally a tan or a um kind of this call a light French gray or or pepperc corn. So, very neutral colors. Um, one of the comments from staff was just they they Googled Google batch plants and they saw some loud ones. We're trying to I would like blend in essentially is the best word here. Is that is that the right word Randall there? So, but yeah, it's just wanted to say the this is kind of the color palette we're using. So, when you see it, that's that's what we would show there. So, in terms of the site plan, you can see kind of that same site plan right there. We'd have the the rail lines come in from the south. I probably point at that. So, right here's the rail line on the

south. We'd have couple rails come in there and then for for future business and other business, we'd have two other rail lines. The batch plant sits kind of right here in the middle and it's right next to the terminal. So, we can run that pipe right over to there. All of the trucks would come from the other pit over there on Bulldog. come right along. Come over here, enter the site, go through underneath the um where they uh drop the the concrete in and then circle back out. So, and then those aggregates are right there where they're loaded up on conveyors. So, that's kind of the operational side of of that.

So, just a question. So, there's like no parking all around the with dump trucks and or cement mixers. They just come over from your other location, show up, pull out. Yeah, it's a great question. So, the mixers actually start here. So, they park right there, and then we have employees park right in here. So, what normally happens operationally, employees come first part of the day, they jump in their truck, they do a loop, and they go out from there in their in the in the mix trucks. Uh the aggregate trucks bringing the other stuff. I defer to these to them. I'm not sure if they're they're be staged over there or here. Sure. They could be in either location, but they'll be going back and forth bringing the the w the rock and sand.

How many cement trucks are you looking? Do you have an idea of what this fact this plant will handle? We're assuming somewhere in the 30 range. Can I ask one huge thing for all you wonderful guys back there? If you're going to talk so we make sure we gave give you credit in the minutes, jump up, tell us who you are, and then say it. Oh yeah. I'm Ray Nelson. Yeah. Come all the way up here. We paid good money for these microphones. We're going to use them. Thank you, Ray. I'm Ray Nelson. I'm the area manager here in southern Utah. So, and my wife picked out my shirt. She has good taste. Good taste.

I think she did good. So, and then I'm not in charge of color to buy more. Um, so, uh, we we anticipate in the right 30 to 35 trucks, uh, that would probably take care of the the needs around here. We do have other plants in other locations like Beaver and and that sort of thing so that we're not wanting to only have trucks in one location and then send them all. I would rather have smaller circles and in other locations.

This plant will supersede your existing plant out there. Will you keep them both? the the the the premix plant that's set up over there now as a backup. We would probably still leave the plant there on Bulldog initially as a backup in case we have mechanical issues happen along the on the way, but we don't anticipate running that very heavy at all. But then one thing that he mentioned is we have to enclose the plants in in our they run off of air. So without enclosing them and heating them, we're dead as soon as it gets cold, which means we're down for a lot of the year here, right?

So that's why we enclose them. And it does really help with the sound. This will fixes. So you're not dead. Yeah. Yeah. Correct. Yeah, they enclosed. Can I ask a question? Um, what do you see or what do you get from your other plants as negative feedback or impact to the area that you're in? What kind of negative impact do we have? Yeah. Yeah. I mean, as far as in Ogden, you know, in your other enclosed plants, I mean, I'm sure there's a sound factor in your hurricane plant because it's not enclosed, right?

Yes. And so, so just kind of likening this plant to, you know, one that's in a similar climate that's enclosed. We do have a lot of other plant. We have one that I've worked at for a long time in downtown in Salt Lake on on Second South. And uh it's a big plant. It's one of the big dogs, right? Um and it we don't get problems from from people around it and stuff. the we're able to even contain most of the dust and things from blowing off. Especially with this type of system where we're taking the uh fly ash and cement, the cementitious materials directly into the plant.

There's a lot of noise that we don't have with blowers from from trucks blowing that material up from a from a semi. So, it's going to be fantastic. I like that. take it away for the rest of it. Yeah,

just going through the slides. I just brought some other examples there if we need to go back to anything to show any of those other ones. Excuse me. Can you you show me again where this plant is in relation to the runways? Of course. Let me go back to that slide there at the beginning. So, west of it, the Sme building is I guess it's zone here. Just west of that. If that helps you orient where that property is, there's a basin out there. If you're driving past it today, you can see that basin. Is any of that affected as aviation chimed in here?

So, we've had we went and did like submitted something to FAA and said, "Hey, what's the what's the clearance height that we would need?" Um maybe just to say two things. There's an existing silos there kind of south of the if you're familiar with that south of the runway. Okay. Yeah.

And that's about 100 ft. It's obviously closer to the runway there. But when we run when we put in that model or put in our request, they said 150 ft is clearance. And that was closer to I'll say that that's the closest spot to the east or whatever on this east line if that makes sense. I'll point to it right here. So 150 ft is what the report came back. Bill, come on up. Come on up. And thank you.

Bill Gaml with Clyde. Bill Gaml with Clyde Company. So, we've submitted to the FAA that has the the lat long and the elevations and have gotten approval from them. We have the letters if needed. So, yeah. Thank you, Bill. How's your noise mitigation? Yeah, maybe I can jump right to that. So, we had we hired a consultant, MD Acoustics. They provided a report in there. So, I'll just go to that right now because that's really the next topic here.

I think one one point I think Jennifer asked um about the noise and complaints of neighbors honestly like we we don't have noise restrictions on our other plants frankly because they're in industrial zones and the the point of putting it in the industrial zone is that it's protected by industrial users and not residential. And so I think this one's a little bit unique in that there are residents, you know, within proximity. And so we we we have done modeling on another permit that we're currently getting right now in Utah. Um and then this is the second one that we've done an acoustical study on and um they get complex really quick, I guess. Um, and I think that the staff put that in the report that it needs to be in lay terms, but um, we yeah, we've we've contracted with NB Acoustics. We've gone down the road of mitigation measures and what can we put up here to block the sound there and how does it affect when we enclose it and the trucks and what type of backup alarms and and same with the equipment, the loaders, what kind of um, backup alarms do they have on them? um sound walls in areas, enclosing areas around our vents that may produce noise, what what can we shield those with? So we we have a a pretty elaborate I mean it's about a 50-page model um that we can go through but for the intent of this meeting and the the recommended conditions of the conditional use permit it's like okay well we can get into those level of details here or there but um we're we're feeling a lot better. I mean noise is it's complex when you start looking at it and how do you measure it and what metrics do you measure on it and how long do you measure on it and is it the peak and or

is it an average time over period and and so because Cedar City doesn't have the uh noise ordinance to measure against kind of like okay well here's what our consultants recommending and here's the heat map that shows the decibb at the property line and as they flow over and and then marrying that up with some EPA regulations of what they suggest for um residential uses. And so it's kind of blending all that together. And we we've got, you know, a report that shows that if I was 300 ft away, would I need earplugs? Oh, abs. No, not at all. Okay. Not even close.

That's because of your age though, Tom. There are other Tom would welcome some noise. Yeah. So, so the EPA recommends for a residential use that the day and night average of your decibb if it's below 55 dB, then you you'll be able to have a conversation with somebody and have a 100% accuracy of what they're saying when you're at that 55 del range. And so, and you're I believe my research indicated you're over 300 feet from residential to the west. Yeah. Yeah. at the closest point, right? Yeah. So, yeah. And um

yeah, I mean there's there's a there's a lot to it, but there's a lot more I could say to it, but I I won't jump all the way into it. But this is a heat map that and I'll say this is still in progress. I want to say that this is conclusive at this point. We're still working on mitigation measures, but you know, from a an MSHAW or an OSHA perspective, employees can work at 90 dB during an 8 hour period. And that's um what the OSHA without ear protection without well I without ear protection. Once you're over eight hours, then you would need Okay. need it. So this more for my own personal education.

No, no, you're you're good. And it's um I mean we we have sound meters that we have on our people so that we can you know meet the OSHA requirements and when they're in those loud environments because it the the noise does dissipate and you can see it in this heat map as the further you get away the less the noise gets right. So when when our employees, you know, we're looking at 75 and we compare that to the OSHA standards, we're still significantly lower than what we would need to protect our employees on site for hearing damage. But it all depends how long you're exposed to it, right? So

just like I'm talking, my decibb are going up and down and a lot of the ways that they measure this is on averages. And so that's the equivalent sound noise level that penetrates and actually does damage to your ears. That's why you can go to a concert and it's 120 dB for two hours and you'll have ringing in your ears, but it won't cause hearing damage long term. Um, but if you were there for an 8 hour period at that, you're going to have a hearing damage. That was my problem with the big heads. Yeah. So, big airplanes are really loud, right? So, I could ask a quick question. What is Gohead? What is the greater than 75 dB on the north on the north portion of that property? because we haven't seen this diagram yet.

You're talking about just south. What what's what's creating that? So, it's the trucks, right?

Yeah. Like I say, take this with a grain of salt because it's not done yet. And this this is also bringing into which our consultants put on here and it's just shouldn't be on there. But this is a bigger, you know, if we were to put our truck maintenance, this is the trucks pulling into the shop in the future. So, we're trying to look at this holistically of what are we going to do longterm here, but what is the batch? And so, this would be trucks, you know, this is a truck coming up the drive aisle. That's why it's a higher noise there and then pulling into the truck. And then you can kind of see that fan out as that building blocks the sound. And same thing with this this 8ft wall that's been required on this west side of the property.

Block wall. Block wall. eight foot tall. So, and on the record that was done at out of graciousness to Phil that was not required per ordinance and and Phil did the stepped up to do the right thing for the neighborhood. So, you have no access on 56. Everything goes north. That's right. Everything goes, you know, to the east this direction. Yeah. and and the con, you know, the conditional use permit proposals, it's got conditions in there that all truck route traffic needs to go east.

So, the only reason we'd ever go west is if there was a local delivery of readym mix in this neighborhood that needed it. Other than that, we wouldn't ever go that directional. So, has anybody done, and this is for these guys, has anybody ever done a noise study, a decel study on Genpack? you know, when their bands were running and and the neighborhood was just right there. Not not that I'm aware of. I mean, I don't know. And a question for you guys. What hours would these be this be functioning and running? That's what I was told. Would it be something that would run?

That graph had 40% of the stuff happening before 6 a.m. So, yeah. shop. So on the on the bottom there, you've got, you know, starting at

midnight and then one, two, three, four, so on and so forth. And so, you know, before 4 a.m., we've got 3% of our or 4% of our work happening. That's when I mean, just think, so this is act let me preface this. This is actual data from our current plant that we've got on Bulldog. We went and pulled our 2025 hours and said, "Okay, when are we operating out here?" And this is a, you know, a 365 day look at the average of the data. And so there was probably some projects that happened at nighttime on freeway or something like that that we had to come and pour or there was a big pour on a commercial building that had to start early early in the morning to get that completed before the day was over. And so a lot of our loads, you know, start early because people don't want to be finishing concrete late into the night hours. based on your customers. Your customers, they're the ones that

totally decide that our customer customers completely, you know, dictate our schedule, frankly. So, so what what are the proposed hours of operation? I I was a little confused as to Well, this is typical generally. I mostly like 247 is what we proposed. Okay. So, that's that's that's not what we heard previously. We heard 247 when there's a U DOT project. Is that accurate or is that not accurate? I mean, I think 24 hours, 24/7 is what we'd prefer. I mean, that's what we've always wished that it would be. And UD do allow for right

unusual hours if we're working on a UD do project that requires nighttime hours. Um, and then those hours that you're seeing in the proposal from they were 3 to 10, right? 3 to 10. That was based off of this information that we could gather and say, well, this service is basically 95% of all of our hours of operation. The only thing that falls before 3:00 a.m. is night work for UD do frankly. So,

and then my assumption is the revision to the noise study will have data for those hours because I don't recall it being in the first submitt. Um the the noise study that we have done it's a 24hour period that it's it's monitoring noise because that it sounds like you guys are making progress. We just don't have it yet. Yeah. Well I Yeah. Frankly I mean even on the way down here they were sending us updated models. So it's it is evolving and the thing that's causing it to involve is we're putting a subdivision

mitigation efforts around that we're identifying okay this is a source of noise. What can we do to mitigate that source? and we're honing in on those sources and and really dialing in on the and it's affecting the overall heat map and and they don't it's not it's not done yet. It's not ready to be presented, I guess, and that's why we didn't bring it. But the way that the condition is drafted, you know, I think it gives us the ability to come and work through the technicalities of it still. So, all right. Thank you. Do you want me to go back to the the decimal map?

Um, hold go forward. Just this is just

so when we hired MD Acoustics to go out there, they put out noise monitoring devices out in the along that West property line that we're discussing. So, you can see that. And how this happens is you got at 2 pm, 3 pm, 4, so on and so forth. And you can see we measure them right through the evening hours, the morning hours, 24-hour period. And the LEQ on the left, that's a noise level equivalent in a in a 1 hour period. They're saying what's the average sound in a 1 hour period of decibb. If you took all the decibels and averaged them out in one hour, what's the average of those? That's that left column that says, you know, at the top there, 47.4. for. So you can see, you know, at 8 a.m. on December 15th, it's pushing 64 dB in a 1 hour period if you average that noise. And so, you know, that's that's kind of the baseline of what's going on out there at a that that 8 a.m. hours when everything's firing up, people are rolling out, they're getting going. you know, there's traffic going and commuters going and so

helicopters flying

probably. I've seen a lot fly from there. So, um, it's and then and then you can go into the L max. That was what did the meter pick up at its peak? What was the very loudest sound and what was the L minimum was what was the quietest moment in one hour period. And then you go into these L2A L L2, L8, L25, L50, and L90. And those I'll confuse us all if I try to explain them, but essentially it's what is the period of time that your average exceeds your 90% limit. So you have to establish a limit and then say, okay, when are we within 90% of that limit and what's the average of that time? So it kind of cuts off the lower the quieter levels below the 90, the 50, the 25. And so you can see that those progressively get smaller as you go to the right because it's cutting off your quieter noises because in an in an instance like this,

you know, we don't the model doesn't really care if it's below 30 dB because you're not even going to hear it anyways. And so it's trying to come up with a city standard that's like, well, we can discount all these quieter noises because nobody's going to hear them anyways. So it it's just different ways of looking at it. And

the reason that our consultant did it this way and then it takes down at the bottom you see that DNL, that's the day and night limit of sound. So that's taking the average of the entire 24-hour period. And that's what the EPA is saying it it shouldn't in a residential area, it shouldn't be over 55 dB. Well, the ambient right now is 59.8. And so that's where we're like, well, the EPA's put this out and it's a good guidance document, but we're already going to be in violation if that's going to be the condition of the conditional use permit from day one. And so that's why we're trying to mold all these worlds into one. and our our our most recent version of the map. Now that we've enclosed the plant, we've enclosed a lot of those noise sources. I mean, it's we're looking at like 55 56 dB is what we're honing in on, which I I it's like phenomenal from what I've done and the little bit of noise that I've been exposed to. Plus, you can kind of compare it against what's existing or ambient out there. And basically it's coming in to say that we're not going to basically add much noise if any to the overall area.

Right. So to be clear, this was a study that was done on just the ground out there without anything. So it wasn't an actual study done on your one of your other existing plants. It was it's just this is what's already happening. And so yeah, this specific data on the screen, this was,

you know, there was two data points, one more on the southwest corner of the property, one more on the northwest corner of the property. And it said, just give us the baseline of what noise is doing out there right now. And that's all that this data is. So you can see hour by hour, day by day when it was taking data points and logging them. And so this this is just you obviously we don't have a plant out there now or any equipment running. And so this is just saying hey this is what we're dealing with. Now the model let's go to the model.

The model takes all that background noise into account and then it puts our new noise into account and it models it. And this is just once again like don't be scared with the 66 on the west because that's not accurate with this was when the plant didn't have an enclosure on it and we didn't put additional mitigation efforts like shielding the loudspe probably that's substantial. Yeah, it was it's been substantial. Yeah, that's substantial.

As they've modeled it with it closed versus the original one and and you asked did they they went and modeled another plant that hurricane plant that we right they've modeled the plant and came up with this and then as we looked at a few things we turned the plant a little bit that's helped quite a bit and enclosure. Yeah. And that sort of thing. So yeah. And we've we've tried to put some of the louder noises that are coming from the plant. We've oriented those on the east side instead of the west side. And that creates a buffer from it and pushes noise to the east instead of the west. So homes being built

and we're still honing in on this. It's not finalized. So I I feel really good about it. And I think the final product that we bring, you know, to the staff to meet the condition, it will I think it'll be defensible to anybody that has concerns for sure. Could I ask a question? What is the city looking to achieve? What number does the city want you to achieve? I can chime in on that. Yeah. If if you might go back to the previous slide, Kent, we're we're running it, I think. So, so they're right that the city we don't have a standard. A lot of cities do, you know. Oh, it was the previous one.

There you go. All right. Thanks, Kent. Uh, so what what what we tried to do as staff is is uh look for some sort of standard that they should achieve. And what we had suggested was what comes from the EPA which is which is a weighted average. Uh and then to the applicant's point that LEQ is a bunch of fancy math but it is the average sound and that math gets above my pay grade in about two seconds. Right. Shocking. Um I don't think that was a compliment, was it?

I have no idea what it means. I don't even know what the initials mean. But so it is a weighted average. Um I think part of the concern is you know when we do these weighted averages so if we look at that first table and let's say you know to the applicant's point it does get pretty loud you know 60 63 at 8 a.m.

uh 9:00 a.m. Um but we kind of have to think about that in context. This is my my humble opinion. That's when folks are taking off to work. They're firing up their trucks. They're getting kids to school. They're heading up and down 3700, uh, which is a main drag out there for that whole subdivision. And then you can see it drops off, let's say, at, you know, 11:00 a.m., 12:00 p.m., 1:00 p.m., we're down in the 40s again. Uh, certainly those late late evening hours, 12:00 a.m., 1:00 a.m., 2:00 a.m., we're all down in the 40s. So I I think uh that that standard that that we had suggested with the averages may be a little bit skewed. Um so that's why we wrote the condition that you see in your staff report that you know I I think we should let me back up. I think we should see some true deltas between the 1 a.m. average noise level and let's say with the plan operations, you know, are we going from, you know, 46 at 1:00 a.m. to 60? But I know it's all in the works, right? So, that's why we we we tried to write the condition. Uh, let me see if I got it right here in front of me and forgive me for a second in case you didn't pick it up in the report. What we had suggested is that the applicant shall provide the city a noise impact study prepared for prepared by a professional noise consultant qualified to perform such work demonstrating m demonstrating mitigation measures that will reduce noise associated with the proposed batch plant to accepted industry level standards. So we we wanted to make sure we were flexible enough, but we are going to get something from a professional based on their opinion and not just my opinion trying to become a noise expert in a

couple of weeks that the sound from this plant will be acceptable. So that's that's why we put that condition in place. Uh and and I did throw in the study shall include conclusions in layman's terms so we can all understand what's being presented to us. So so help me out one last time. That was to help me put in standards. You put into standards. Did we put a noise limitation in the standards? We suggested an EPA standard. That's what we did. And that's 55. And that's 55. There's there's a nighttime penalty and I think they're noise consultant. Are they on board here tonight? They are.

I don't know if this is the appropriate time, but uh she could probably chime in and maybe help you understand a little bit little bit better than I can. But are are we is your I'm assuming that works on an average. Are are we within that average? I not with the data that has been presented to us thus far, but we know they are obviously working. I mean, the data we had didn't have an enclosure. It didn't have some of these other mitigation measures that they're suggesting. So, and you guys tell me if I'm wrong, but I think what they're trying to do is chase the condition as we presented it now. Is that fair? Is that a fair statement?

Yeah, I think that's fair. The only there is some difficulty because um the existing day and night average is 59.8 and there we're we're being asked to get to 55. So somehow we've got to quiet what's going on out there with the way that it's written. So there there is challenges with it and it's not like enclosing the plants by far the biggest thing that we can do to quiet it down. And I mean we're we're the wall taller. What's that? Can we can we raise the block wall from 8 foot to 10 feet or 12 feet or

I mean we've gone down this route and we've modeled this before and the idea behind sound is not to go and react to the sound at a distance. You're better off to muffle it at the source. Okay. And so that's what we're that's the route that we're doing right now is okay, you know, whether that wall is 2 ft higher or 2 ft lower, it's not going to make a big difference compared to going and muffling the source of the noise. And so that's where we've focused all our effort on is going and quietening it down at the source. All I know is no one likes noise unless it's their home being built, then everybody else can shut their pie hole. Yeah.

And and construction's going to happen. development's going to happen. If we don't have concrete, we're not going to develop. We don't have water, we're not going to develop. There's a cost in the community. We're not living out in the middle of nowhere with only one home being built and one one business being built. And if there's some inconveniences at times, then there's going to be inconveniences at times. We put up with the helicopter noises and the airplane noises and and the garbage truck cloning when they drive by our house. And I mean that's just it's part of the it's the in modern day society.

I have a um so if the if I'm understanding you right though, if the noise is already 59 and we expect 55, that's like asking you to go outside where it's 71 and somehow get it down to 66, right? I mean precisely. I I don't know how if I don't I'm going to chime in for just a second. I I think the point of the noise study that we received

per their consultant, they suggested that additional mitigation is required. So I think if they give us an analysis that's maybe not necessarily based on this average, right? And maybe it is a little unfair to say chase this average, but I think if if we're looking at operations that are 24 hours a day, and to Tom's point, there are inconveniences. There is someone that's going to build their home, there may be something going on in your neighborhood or if you buy into a subdivision, you know, or new subdivision, you know, new homes are on the way, right? But this will be a new facility adjacent to an existing neighborhood that will run as they propose 24 hours a day. So I think the the the uh results of the noise study based on this condition are quite important and um I I am curious to see what their professional judgment is and it sounds like they're making a bunch of progress.

Yeah. Yep.

I would just add this to because I know I go out outside every morning at about 3:40. I do get up that early and I can hear two things. One is the interstate and the other are plants somewhere operating. I don't know which ones they are. And and I'm up on top of the hill here, but you know, there's some existing stuff. And even the neighborhood that is next to Genpack, that Genpack's been there a while and everybody still decided, well, that's fine. We we still want to move here. So interesting. Could I ask a question about your deliveries? A train is certainly not quiet.

And though I don't know that they'll respect your noise limits or whatever because they're going to back in, they're going to blow whistles. They're going to unless they have some I don't know if you can place any restriction on them, but there's nothing worse than waking up to a loud train whistle. Hi, Phil Schmidt. I just want to uh uh clarify the train is not under the conditional use permit. The property is zoned for the train, right? Uh the helicopters aren't under conditional use permit. They're probably louder than this.

Uh the thing and the the locals, the the neighborhood is 100% aware aware of what we're talking about. When we were proposing this uh plan, as Jennifer knows well, they uh it was originally proposed to do all residential right along 3700 for uh two or 300 ft in. And they came and they said, "We do not want any residential in this area. We don't want you going through our neighborhood. We don't want residential."

Keep it. I am. That's we're fine with that. And I've talked to him. I said, "Okay, we have a proposed batch plant coming, which is the only thing that's under this conditional use permit. Everything else is owned IM1 anyway." And so we met, we've talked to them, we said, "Okay, this is what we're proposed." And you don't see any of them here today. Uh we've talked I have a great great reference with uh Dennis Cox who kind of the voice out there and I think we've been uh really fair with them. We tried to help them. In fact, you've been a good neighbor.

We get along really well. So the uh the noise uh probably highway 56 makes more noise than what this is going to make. But uh I just wanted to clarify uh you know we're not we're not it's not fair to ask to beat what the already noise level is. So we're not going to worry about that. The uh the point is that they're mitigating. We'll see what's going to come and and and I appreciate their efforts in trying to uh to do the best that they can. And also the other thing is I think this is a great thing for Cedar City and for the people that work here. I was going to ask about the jobs. You have x number of employees right now. How many additional employees or how many people how many people do you think will benefit from this? I'm sure it's a it's a benefit to the community, but you have existing employees at your plant. Are they going to transfer to the new one and

absolutely hire some new people? We have we have currently out of our Cedar City location 22 drivers I believe ready mix drivers. So we you know that's 10 or 15 more more people. Um and obviously they're going to want to go to load out of a new plant than they are the dusty. You're going to have support people and people driving your trucks to get the product.

And and there's a real reason why we need to be pouring early. If you have a pore larger than a 100 yards, which is pretty much any commercial, whether it's a a building in school or at the college or whatever, the wind tends to blow after 10:00 around here. Has done for the 68 years I've been alive. And uh they've got to have it down and pretty well finished where they've got riding trails on it before that time. And so they've got to pour early. It's not that we're forcing them to go early. They they want to go

four o'clock in the morning and start. They just want us to be able to show up quickly, which this plant will do and timely so that we can take care of their needs and then move on to our other stuff. Makes sense. So, Mr. Chairman, I don't know if the other council members I'm content with the sound portion of the conversation. Could Could we move on? Yeah. One other line. Any other sound questions? Yeah. On the question. Hearing none. Huh? I said hearing none, we'll move on.

Oh, thank you. Um I I know several people in that neighborhood. One of the other things they've asked me to ask is about light. I presume you're light going to be lighting the sky up. You're going to be doing your lighting downwards. No reason to like the stars.

Yeah, I'll I'll go ahead and answer that. So, yeah, we we hired a sound or wow sound now photometric a lighting person did look at this and so we took a typical bench plant put the lights at say 30 feet above that and then we even said hey if we put them up at the 100 feet on top and push them down like you described there over at the like property line it was still at zero foot handles. So, we've done a a study, had a professional look at it. Um, and and we're comfortable that we can get that light down and not shining obviously for everyone's benefit into that into those properties. I knew you I knew you had an answer. So, I if anybody asked, hey, we addressed all the all the keys.

Perfect. I had a one quick question to that. Um, so they did provide staff a phototric. Uh, the foot candle at that western property line is very low if not zero. It was at it may have even been five or six to the propert. One thing I had missed in that plan was there one light at 100 ft. It looks like I think they put it on I think they put four. I said, "Hey, just give me four lights that shine down at 100 ft." Just I just wanted to see where it landed and Okay. And even that and angling it down, we still got to that. So

with the phototric provided at least associated with the plant component, uh I think it looks pretty good. Um staff's only concern would be, you know, as these lights get higher, even though they are shining down on the ground and they're not necessarily lighting up the geography next to that westerly property line. Glare is one complaint you will get quite a bit. They may not be lighting up your driveway, but the glare is coming in your windows. We just want to make sure the phototric addresses that. We did put a condition in the report to address that. Would that be an issue for you guys to address that?

I mean, I we was told it if it shines down, it shouldn't glare into there. I mean, I'm happy to go reass. But from everything I talked to them about, they said, "Hey, we got it to to go down and not shine into the neighborhood." So, excuse me. I did read through your document, Don, which was pretty extensive. Is there anything in there that either you're not comfortable or you guys aren't comfortable with the ability to meet in that conditional use permit that hey, this is something that we don't know if we can.

There were a few things that we just wanted to discuss. Um, for the most part, I mean, I think we had most of the the comments. I mean, it's five or six pages of of comments and we had a few that were like, "Hey, just a few things that we think that we could look at differently. Um, we provided just a red line and we went to Dawn earlier today. So, obviously I don't think it's been shared out here yet, but we can go over a few of those items if which aren't many. I think there's a couple we could we could go over here." So, Kent, do you want to throw that on the screen that that word document? Oh, that there's a word document.

Yep.

I probably should. Can you also email that PowerPoint?

I'm pull up the comments as well. Kent, are you pulling up the comments or you want me to pull them up? So the first I mean in the first I'm going to say 20 comments we had no concerns there on the traffic one we added um just to clarify and make it match the other one. No truck route that was agreed to earlier but we just changed that wording there on on the traffic all the traffic's headed towards the east right there. Let me just make sure I've got the right order right here. Um, go down

just ready mix trucks. So, just to clarify, ci cement trucks are what haul the the cement and fly ash in, which with the cement terminal next door, we won't have to have those. So, like just semantics there. So, and then two, all required parking and drive access here too shall be shown on the site plan are approved by the city engineer. Before it was uh to have a asphalt or concrete all of the parking and drive access. So, so per per ordinance required parking is required to be hard surfaced but not the whole.

So, I would look I would look at that when I say required parking that would be the demand put on the site by the employees. We don't necessarily have um you're probably not going to find, you know, a a calculation for a batch plant. So, we just want to make sure when we get to that final plan that we have enough required parking, that parking is required to be hard surface.

And I think we're totally fine following the city specifications for parking. Um it's just our large trucks. Um, I mean, we prefer not to asphalt those. The employee parking is probably a better example. Um,

and I I think that's where I was headed. May maybe I wasn't real clear, but the the demand put on there by your employees would have to be that hard surface, and that's that's per ordinance. There's other conditions in there uh, regarding the cement mixers. you know, that parking I I assume will not be on concrete or asphalt, but we want to make sure that the circulation associated with those trucks, especially next to that West property line, is not generating dust. I think I think you guys even had a comment in there on that.

So, these are our proposed red lines, but like if if that meets, you know, approved by the city engineer, we we we kind of just took a stab at those. I mean, I don't know if you guys are comfortable or have comments about that, but that way it'll still meet the city ordinances as required, but yeah. And maybe we could clarify a little more so we're on the same page. All right. Um, that Yeah. and or Yeah. I mean, it's either subbase or crushed asphalt as the as the material that those trucks park on. That's pretty typical for most of these badge

plants. They're saying and I just put an or in there to say it's one or the other. Typically, it's been the road base at most of these. So, just wanted to make that clarification there. And and obviously the goal there is dust. That's that's what we're chasing there. And I think the reason there's the end there is because the subbase material would not be a crushed aggregate necessarily, right? We're talking when you're talking a difference between subbase material and base course. And so if it's just subbase material, that's going to be very dusty. Yeah. I mean, and so I think that's why it's an and not an or. Yeah. And we can change subbase probably needs to be changed to road base

or or crushed asphalt, right? So, we're not going to it's not our intent to go drive our trucks on, you know, not stabilized material like it's in all of our best interest. What line was that for the road base? Three um three under air quality. Yeah. three air quality.

Yeah. Um the hall trucks. So there's a state code that requires the loading of vehicles and the covering of them. And so we just propose that we'll follow what the state code is for putting um and hauling our our loads and covering our loads. So, I mean, you can look at that, but it essentially says if if it's below if it's more than six inches below your loading load boards, then it's contained in there and it's considered a covered load. If it goes above it, then we'll tarp it. And so, that's our proposed there, I guess. Don or Art Kit, do either one of you have any serious heartburn with

these line item changes with number six. Well, we just got this a couple hours before the meeting. So, we really haven't had time to digest it. I take him for his word. I don't know that state code and and exactly what it says. And and I think as we go through these things and and I've I've got a PowerPoint if if you guys want to uh indulge me, but it's not just state code, but we're in a cup next to residents. So you tell me what that means, Don. Condition the conditional use permit. Okay. Right. Thank you.

I mean, if this was out in port 15, we probably wouldn't be, you know, trying to trying to mitigate these things so much. So that's why those things are there. So, all right. Go ahead, guys. Um, seven seven was problematic. So, I mean, there's there's times when we're not going to be conducting business and nobody's going to be there, but dust control after business hours shall be required to mitigate dust during wind events. So, we're just thinking realistically here. You know, it starts getting windy at 11 o'clock at night. Our guys are all asleep. They're at home. All of a sudden, it starts getting windy. Like, we're supposed to get an alarm to drive over there and start drive, you know, spraying water. It just our site's going to be stabilized. We're going to have paved tall roads in there. It just doesn't feel realistic to to have that as a condition, I guess. I was just going to speak to number nine here if I could just having the wheel shaker. So, I took just a photo of another

What is a wheel shaker? You have to educate us. It's a like essentially a trackout pad. I don't know if you've seen those at construction sites. They'll put 6 in minus rock and as you drive over it, it basically bounces the dirt off of the tires. Okay, I know what you're talking about. Yeah. So, it's not showing up on the screen, but we we have a picture of the Ogden site that we've been referring to. And the trucks as they drive on the loop, they'll be on asphalt the entire time. And so, I can appreciate You have that back now if you want to show it. Okay, it's up there now.

So, this on the right side here, this is, you know, our main gate into this location. And, you know, our batch plant is just right over here. But it's like I can see if we're going it it's hard because we're probably comparing to what's happening on Bulldog and our trucks are going into a gravel pit that have a lot of unpaved surfaces on it and they're collecting dust and dirt from the ground. And so then yeah, it's like let's put wheel shakers or trackout pads or whatever to help get the dust off and the mud off of the tires. But where these are completely stabilized yards that the trucks will be driving on, it just is, you know, We'll have a SWIP, we'll have an industrial storm water prevention pollution plan on the site and it requires us to maintain, you know, the the the roads in good working order. And so we're saying, okay, well, we'll follow our SWIP, which has trackout as part of that, but the the wheel shakers just seem like an unnecessary best management practice. Like it it it's not situated, I guess, for this situation. And it's like, hey, we'll make sure that we're not tracking out, but let us come up with the solution, I guess, instead of being required to have the wheel shakers in place.

So, could we put something in there? It basically says you will mitigate the replacement of the wheel shaker to some other method. Yeah. I mean, water qual underwater quality number 10, it has that. I mean the sweat plan includes trackout so I would say it's already covered in a different condition number 10 under water quality. We could certainly change that to make it more flexible. Yeah, we just wanted to show this example of what you would see there.

I may have missed this on some of the other photos of the other plants that you have, but do you have a plant photo that shows kind of the entire thing with not only like the the actual building, but like the yard around? And I I just have a hard time kind of picturing everything on site a little bit. It's a little hard to have one that's like specifically because they're all unique and so not all these are going to be identical. But let's just leave it here for might be the best one just so

I mean our plants you can see a plant under the the you can see a readymix truck underneath the plant there that's pulling into it. it's getting loaded and then it's driving out behind that. And then back behind it in the photo to the south there's the aggregate storage piles. Um, and on the right side of the screen you've got the sand. It's got a little bit of snow on it there. And then right behind it is the washed rock. And so those are our two main materials that we're using to mix concrete. So, if we're looking at this and we're picturing the the proposed uh Cedar City location, those piles of aggregate, are they on the north side?

Yeah, correct. Yep. They'd be on the north side and those those there's some stock piles and maybe go to the site plan. Point this out. Okay. Right. That last one. Oh, yeah. This is good.

So, those stock piles are right there. And then these are called the feed bins right here. So you take the rock and the sand and feed it into the plant and then that plant mixes it on site in the barrel that's in the plant. Then it discharges it into the readymix trucks and then they circulate out. Just the location makes me feel a lot better about the dust abatement because I live like probably 10 blocks north of right here and that wind is south to north south to north. And so having all the other stuff kind of block it

um at least helps me picture that it's not going to be as big of a an issue as it might seem. Um, you want to Yeah, if you want to share that screen again. Yeah.

So, 12. Um, I mean, we're willing to put up the anometer and measure the wind speeds there and like we we want to be proactive. So, we're happy to partner on this. Um, and just we took out the word hourly and watering just to be more flexible. Um, and you know, we'll we'll be proactive in those events as much as possible. And yeah, I mean, we we want our people to mitigate the dust as much as possible. So, we fully support that. Do you have a timeline on that proposed other building on that north side of everything? No.

I I when I see proposed, I assume it's not anytime soon. Yeah, it's not it's not in the foreseeable future and I'll say like three years, let's say that. So, it's not going to be built within the next three years. Beyond that, uh I I don't know. It's probably as far as we're planning for capital needs at this point, right?

So, but but the the goal is to eventually have it there. Like, we want this to be a place where we can service our trucks there eventually, but it's going to be a while. um the aggregate storage piles. So we had 15 feet there and there's some instances where we use an unloader to unload the trucks and this is sometimes when a you can imagine a a belly dump. It has the material coming out of the bottom of the trailer. It will go onto a conveyor belt and then it will convey up and drop out. And so it's a way to unload trucks if not you're using a loader and having to buck it up every single time. Um, and this is just I guess for a flexibility thing that the 30 ft like it's it's not our intent to go out there and have 30 foot high ones, but may maybe this would be a future change in condition if if we did an unloader, but

I think the the data the 15t came from you guys. Yeah. Not me. It it w honest yeah it was a change on our part because we said well what if we want you know management is saying it well what if we wanted an unloader there in the future and I'm like okay fair point you know so and my thought is the taller it gets and and I realize now that the aggregate is washed but the taller the piles obviously it's more it's a visual impact but and potentially more dust the taller those things get we may want to pick it up because I know I'm leaving for caucus meeting here shortly. All right, we're we're close actually. So, air quality.

Yes, I'll add you the entire bottle. Um, just keep scrolling down if you will, Kent. Um, this one's just semantics also. So we replace the word BMP with best management practices um located in a source protection plan. So these source protection plans, they don't

the potential contaminants that can get in there, you just have to have a plan to not contaminate them. And so like on 16 that SPCC is a spill prevention counter control measure plan that's an engineered um stamped plan of how you're not going to pollute the waters. And so we're saying hey we'll follow the best management practices according to these plans that we've got in place. Um, so anyways, and we'll design the site as it outlines so that those chemicals and tools and storage don't run into those areas. So, keep going down. There's the lighting, the phototrics. If you want to look through that, that's one there. We've kind of already gone over that. Um, what's this one? Okay, this is the trees. So, this one's honestly probably be our biggest heartburn because it's about $600,000 in trees if we were to do it. And so, and and part of our problem that that west boundary line, just to give some context to it, that's like 2600 feet long. It's a half a mile long, right? So, we're saying, okay, well, is it really necessary to put trees along the north and the south boundary lines when you're a over a/4 mile away? And we just think that it's excessive, I guess, in that area to go. Now, the portion of the west as shown in the site plan, there's we kind of said, "Okay, well, if you if you're at the plant and you're looking at these houses and you're kind of like you're griffial, we'll plant trees there. We're happy to do that. But going, you know, a half a mile up the street to plant a 30-ft tall tree, I don't think is going to make a difference when you're looking back at a plant that's, you know, a long ways away. So that that was our proposed

change is that okay, we'll do the portion as shown uh on the site plan west of the property line and not do the south or the north. And the north is the one, the south has got the railroad track on it and the pond on it. And you know, we we'd have to have an opening in the railroad track anyways if there was trees to get the track in there. But so that's our proposal here, I guess. And then the last one's, hey, if we can't get them planted, let us bond if it is in winter condition so we can get them planted, you know, in the spring. So you have no problems with the planting trees along where the homes are. Just only a portion thereof.

Can we can we take the screen back? We'll show you on the site plan. So you can see you can see this line right here and this line right here.

So we're saying okay, so I mean this is a city block. That's a city block. That's a city block. That's a block. And that's a block. So once you kind of get the scale of it, it's like, well, geez, that's a long ways away. And that's what we're saying is, okay, from this distance here to this distance here, we'll plant trees per the request in the conditional use permit. But we don't feel like planting trees up and around here and down here is the best money spent, frankly. So, once we get to I'd like to have an opportunity to talk about what the what a conditional use permit is. Can I can I just say

what what

um up here on the top? Well, that we'll start down on the bottom. There's not We don't really don't want any trees right here and you can't put them here. There's no access to come along this side. There's a access gate right here for the city maintenance to come through and to service the sewer line. There's an existing sewer line that runs through here. Um, on this side there is a burm to help catch the water so it doesn't run over the top. We we'd really prefer not to uh put trees here in case we have to put uh track hole or anything in here to come in and work on this. And the same thing up here. We've got uh fiber, gas, and uh power all running through here. Plus, this is a tight space right here. This is a 1 acre retention pond. I don't want trees right there. Uh that would be a problem. And if you come over this way, then you're going to start blocking the uh the view. There's a stop sign here, and we don't want to in intrude on the on traffic visibility. So, uh, as far as the owner of this project, I I don't I really don't want trees there, and I don't want trees here, and I understand where they're going on this one here, but I don't think we need them up here, and I don't think we need them south.

So, Mr. Chairman, I'm going to have to leave in five minutes. Could we could we go ahead and open the for public comment and then get a vote? Sure. Don had something. Let's go. Um, could you put my PowerPoint up and I'm going to try to be brief here, but I'm certainly not going to go into how this plant works. Your applicants know that much better than I do. That's just a picture of the existing site out there at Bulldog. You go ahead. Go to the next slide. Kent, sorry. I was having a hard time getting it to move and then it moved too far.

Okay. Um, so when when you're dealing with a conditional use permit, the reason we are dealing with these is we have certain uses that we know can have impacts to adjoining properties or even the city as a whole. So that's why when you look through our use tables in the industrial zone or other zones, you're going to see most things that we have in Cedar City are permitted or not permitted. It's it's pretty black and white. Conditional use permits get us more in the gray. And so if you look at the definition of of what we have, it's a land use that because of its unique characteristics of potential for impact on the municipality, surrounding neighbors or adjacent land uses may not be compatible in some areas or may be compatible if certain conditions are required to mitigate or eliminate the detrimental impacts. That's what we've been going through most of this meeting, noise, traffic, etc. Uh and then the purpose is to allow the proper integration into Cedar City uses which may be suitable only in certain locations in the Cedar in the city or zoning district or only if such uses are designated or laid out on the site in a particular manner. That's when we're talking about these trees. That's that's a perfect example, right? So what we're trying to do is balance the economic benefits of this business that that wants to come to town uh and but while at the same time considering the suitability of the site and the potential impacts to the city that is what's in front of you with the conditional use permit. Uh, next slide.

Kent, maybe I don't know. It thinks you're linked to the the uh Zoom. So, click on Yeah, there you go.

Uh, we've covered the site plan. Uh, they have moved the batch plant to the south. Uh, that line in green is our U sewer easement. We still want to make sure they they did strike a condition. We still want to make sure because the new site plan doesn't have dimensions. It's very difficult to see how far the plan or the stock piles is away from that easement. I think that condition should remain, but I think they've really tried to alleviate the concern that you see on this plan compared to their new plan. Uh that's the elevation. You've seen that. We know it's 100 plus feet tall. Next slide. So when we go through the cup, there's certain findings that the c the city council is supposed to make and that's in numbers 1 2 3 and four that the proposed use of the particular location is necessary desirable to provide a service or facility which would contribute to the general well-being of the neighborhood and the community and the proposed use will comply with regulations and conditions in this section for such use. The proposed use will conform to the intent of the Cedar City general plan and that such use will not under any circumstance of the particular case and the condition conditions imposed be detrimental to the health, safety and welfare nor injurious to property and improvements in the community. So, we're looking at this all together. That's what we're supposed to figure out as we go through this process. And that's why you see these conditions that we've been discussing related to our main concerns, which is traffic, air quality, generally dust, noise, which we spent quite a bit of time on, water quality, lighting, and then lastly, compatibility. Next slide, Kent. Traffic in general, staff didn't find any major concerns. We um as far as major impacts, we do want to make sure that the trucks will head easterly. I know the applicant's in agreement with

that. So there's no significant concerns there. U next slide, Kent. Air quality. Uh so those concerns are fugitive dust related to the operations of the plant, uh the stock piles and on-site vehicular circulation. I think these are this is just a summary of what we've been discussing which we just discussed in detail but those are uh significant concerns and uh it's not that Cedar City is not a windy place so we want to make sure that we've got enough water on this site and we are mitigating this operation appropriately. Uh, next slide, Kent. Noise. We've talked a lot about that. Their operational hours are there in the bottom left. Generally, 3 to 7, 12 a.m. to 10, and then 24 hours to UD do projects. We know that they would like to operate 24 hours a day. That this is a big deal if you're going to live next to this plant if it's running all night long. So, we want to make sure the noise is mitigated. Uh, next slide. water quality. We didn't spend a whole lot of time on this. To their point, they do have to sub submit a SWIP, which is a storm water pollution prevention plan. Uh they do have to be MPs. What's kind of unique to this site is we have these, especially with Monty Vista, we have a nearby uh drinking water well. And that diagram you see there, that red is generally, you know, where the well is at. That's zone one, zone two, and three is shown in green and zone four. and we probably been o a little bit overly cautious and I think they've agreed to our conditions, but we want to make sure that they comply with all state and federal regs. We want to make sure that they communicate with these well owners and their their well protection plans and make sure we are not impacting their drinking water. So, we have quite a few conditions there hopefully with just an abundance of caution, but we want to make sure we're

not messing with anybody's drinking water. Uh, next slide, Kent. lighting. We talked about that. I think we're all pretty much on the same page there. Uh, next slide, Kent. And this is what we were talking about, too. So, that when we when we look at the general plan, which is one of the findings that was on that first slide, it talks about compatibility. It talks about impacts to neighbors. A lot of that is environmental concerns, which we've been going down that road, too. And some of it is in uh aesthetics. what is the impact of this big industrial complex right next to these residential homes. That is the reason why we recommended the trees. This is a little AI trickery of what what a difference a little greenery can make. Um so I think you know this is going this is going to be a 100 foot enclosed structure right on Highway 56. It'll be very prominent as as we drive up and down our main east west commercial corridor. So, the the trees was an attempt to try to bring this facility into conformance with what the general plan is asking us for. You will find goals and policies in the general plan. I didn't list them here. Some of them are in your staff report, but it does say that industrial areas should be or residential areas should be buffered from industrial uses. Um, and there's other goals and policies that go along those lines. So, in regards to the trees, that was staff's attempt. Um, and maybe there's other solutions that I haven't thought of or smarter people may come up with to try to buffer these residential areas from the industrial plant. Uh, and I think that's it. So, I just want to run through that as you make your recommendations and think about the conditions uh that ultimately the city

council will will have to uh make that the what the purpose of this conditional use permit is. We don't do them very often, thank goodness. And uh but these are important considerations. So, happy to What is the fencing between that to the west? Well, on the prior DA, uh, when Schmidt came in for the zone change to INM1, it is required to be 8 foot there. Typically in a zoning ordinance, it would say a 6ft masonry side obscuring fence, but only when you're adjacent to a residential zone. They do have the street obviously between them there on 3700. But it is nice that that 8ft wall is going to be

will it will be a wall like a not a chain link. That has to, if I recall correctly, it's CMU. Let's do let's do this real quick. Let's open the public hearing so that everybody can kind of talk and and then see what people have to say and then we'll try and get through through a motion. Does anybody like to speak to this front, back, sides?

I'd like to speak to what I've got on the screen right now if I could. So the uh the the red line changes on the section here on site plan. Um I'm not sure that we're real comfortable with what's there. However, I will say um some of this is not necessarily pertaining to the conditional use, right? Um but uh but that but still I I think we either pull it out or we not put in the wording that's in here. Um this the last item there at the bottom of the screen. Um you know there there are improvements that are required because of the master plan storm drain line. Um they're saying well we'll put it in but only if the city pays for it. I'm sorry. We're going to follow our ordinance. that's what we're going to do and we're not going to agree to something in this document that is contrary to our ordinance. So, um but but yeah, that's uh I just wanted to point that out. That's another issue that we still need to work through with them. Like I said, we did we got this just shortly before the meeting, so we haven't had that opportunity yet. So, just so you guys know, in in our ordinance, it tells us how we split up the cost for master plan improvements and how it's divided between the builder or developer and the city. So, this conditional use permit can't vary that. We would have to follow our ordinance short of some type of development agreement or the like some other contract. This can't change that.

So, you're you're talking to site plan only. Is that your major concern, Kent? I'm talking

I'm talking about the the red line change that that we just got from them today on that part uh right there at the bottom of the screen. And I haven't even looked that close at the one that's been lined out completely. But uh um but but in a way maybe that's okay for the discussion of conditional use permit because that's not I mean that's really talking more about the development of the full site which is comes with the site plan review um the uh um you know and and some of what's in there is pertaining to bringing the spur in and the spur is not part of this conditional use. The spur is actually an allowed use and uh but it would go through our normal review process, but we're not going to give up what our ordinance requires as part of this conditional use.

More than reasonable. Fair enough. Bill, I think just site plan number one was struck because this was before we changed the orientation of the plant and so we're we're taking that out of the picture, I guess. And if it stays in there, it's not that big of a deal. Yeah. I totally get why you guys wanted to strike that, but looking at the site plan, you know, there's no dimensions. We talked about you you're kind of straddling that easement with your stock piles. That's kind of why I wanted to leave it in just so public works can look at that site plan when we have the details and say we're good.

Yeah. Yeah. No problem. So, and I mean I I don't know enough about the storm drain and all the impact fees that have been collected and what's required, but we just thought, well, you know, if there's a portion that we're required to do, I guess we're fine to do it. We just don't want to pay for it if it's not a part of the conditional use permit. If it's a site plan approval and we're following the site plan, we'll do it. But the cup doesn't address that.

Where this is, it's right along the railroad tracks right now. So, you're probably not even going to be right there. But what I think what this is saying, Kent, is if they bring the tracks out across, they got to put something where the tracks are so that they can the water can continue down this trail if it needs to. Is that is that what this is? Yeah. So, it's not where where they where they cross both the master plan storm line and our sanitary sewer line, that's obviously going to be have to be protected in a different way than what the rest of it will need to be. to support the trains. Um, but then we do have the master planned storm drain facility that will need to be addressed as part of their site plan.

And that that master plan, is that the line that you're talking parallel with the railroad track? Yes. Okay. Commission, is anything else from anybody? It's public hearing. If not, um, back to the commission. We'll close the public hearing. Back to the commission. Anybody have any comments or thoughts? And if not, we'll entertain a motion.

Um, couple items that I think are more than reasonable. I think 24 hours a day is necessary. It shouldn't just be UD do jobs. We have major factories that are coming to this community, but that are potentially in the millions of square feet. And I think it's unreasonable to only limit it to those hours because those factories, those mass of projects that are being proposed um uh need the time to get these projects done. So I think we need to eliminate the UD do job portion. um as it relates to um air quality for item number three with road base. I think that's more than a a reasonable request versus there concerns is loose dirt flying up in the air. I think that's more than a reasonable concern. I think the trees along the area defined by them um in in the in their demonst in their presentation. I think that's more than a reasonable change. As it relates to all the other line item changes, I'm not smart enough to tell you that they're good or not. I have to really rely on staff to on on those. I I don't see any real problems with most of them, but I but again I I think there's there's a ying and a yang and I'm not sure what you know where those come up. But I'll make a positive recommendation that we approve the conditional use permit on um item number six for concrete batch plant at 800 North 3700 West for Suncor.

Seconded. We have a motion in a second. Do we need to make it subject to anything since there's some unknowns? I feel like there needs to be still some some more. I mean, where you guys just barely saw some of the some of the new and you don't even have the new site plan, you don't have the new ordinance or the new decibb, you know, all of that. Is there a way that we can kind of move this forward, you know, for the sake of these guys that have done all this work, but still protect the city and still protect us in, you know, in moving something forward but with having them still comply.

Yeah, you can make it subject to something. Yeah, you you can set some conditions in the motion itself to say, "Yeah, we agree with the conditionally, you know, the conditional use permit with certain conditions being met, including either the ones proposed by staff or with the changes they've recommended." Um, you can also be a little bit more vague if you want to be and say contingent upon staff applicant and council uh resolving these concerns we have. Right. I mean, part of the goal here, keep in mind, of the planning commission, is is to let the council know your thoughts and your concerns. So, if there are still some of these areas where you're like, "Yeah, I'm still a little concerned about sound. I'm still a little concerned about dust." Please let the council know that in how you vote.

Sure. I guess if I could make one other suggestion on that.

Um if if there's anything about this that you would say, hey, well, if that doesn't get resolved a certain way, we feel strongly enough about this that it might have changed our recommendation and we want to see it come back. I think it would be good if we understood what that was. If there's nothing that rises to that level, I think a more vague recommendation that we can work with um Greg and his team to to come to some resolution before this goes to city council, then I think that would be that would be good. Yeah. So, Greg and his team, as per described by Kent, do you have any concerns with us adding in to the motion that you'll work with staff to resolve any of the issues and then let our our our five elected officials make the ultimate decisions on this project?

Uh, no, we don't have any concerns with that. I I just state like the noise for instance like the way that it's written in the application or in the conditional use permit gives us that flexibility to work together. So some of those items I think the way it's written we can work through and have the flexibility and then the items that you're you know that maybe are a little bit more ambiguous we can work we're more than willing to work. I will add that to my motion that Sun is contingent upon Suncor working in in good faith with our city staff and and let our council make the ultimate decisions on this. I'd just like to say one thing. Um uh Suncor's a good community partner. They're they're a great community partner in this city and uh and then you know that's who I always use for my projects. Not that I have a lot of projects, but you guys are a good company. We appreciate you.

All right. Um, so can you amend it? Is is what he said enough of an amendment or subject to for you? And we have a motion and a second before a vote, too. The other thing I would just like to say to Phil's point, when I looked at the agenda, I thought, "Oh, great. There's going to be a hundred people here tonight with pitchforks and torches because they're getting this in the middle of their neighborhood. And um I appreciate you for doing that. I think that's I think that's commendable. And given given that along with the other things that came, I'm call for a vote. All in favor? I I opposed.

Motion carries. Thank you guys for coming. Yep. Thanks for being good neighbors. That's what it's about. We're about to lose our caucus. Did we think I think you're going to lose? Yeah, I guess we have the other I I make I make a further motion that we abandon the rest of the stuff this evening. Abandon? Can we table them? Yeah, that's the word. Stayed here for hours listening. She gets paid by the door. I know. Are you okay with that, Amber and Kent? We got a motion and a second to table. We got a motion and a second to table the next items. All in favor?

I table. All right. Happy caucus. And so,