Planning Commission - Regular Meeting

Okay, you're good. All right, got the meeting to order. Um, roll call first or pledge allegiance. Pledge allegiance will stand and I'll lead us in the pledge of allegiance. I pledge algiance 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. Thank you. Okay, we'll do roll call. Commissioner Beckrom here. Commissioner Mitchell here. Commissioner Christensen

here. Commissioner Alder here. Commissioner Dao here. Commissioner Warner here. I'm Commissioner Scott. Um, let's see. Do we have any comments or questions, corrections on the meeting minutes from April 1st? Seeing none, I make a motion we approve the meeting minutes from April 1st, 2026 as written. We'll second it. All in favor say I. I.

Any opposed? Motion carries. Okay. Um we will now turn the time over to staff for public hearing on resone 2026-051. Thank you. I realize I should have kept my computer on. Oh no. Oh, you lost your monitor. I switched it to her. Oh. Oh, okay. Don't freak us out. Like she just got that working. So

the HDMI is gone. You want to connect to your computer? There's no HDMI. Should I use the lyrics? They never let me know about this either. Welcome to technology. I have no idea. Is it on the clerk? Not yet.

There we go. Hey, reset. I don't know what the button means. I think it looks like what you've got connected. Is that your desktop that we're seeing? No, I think it's just a There should be an HDMI. Okay. You're not going to get a slideshow tonight. Okay. Sorry. That's all right.

So, if you could refer to your staff reports. Yes. I got to get all this Who's Commissioner D? He's still there. Probably can't hear us. He's there.

Okay. Uh because of technical difficulties, we will just refer to the staff report. Um everything will be made online after the meeting today. It's also on the uh our website. So, uh, Gardner Francis with Westland Development Services is requesting a reszone from MU40 to MGEX and the request is to facilitate the extraction of minerals from the proposed property. Uh, for the record, MU40 is multiple use 40 acre minimum. Uh, MGEX is mining, query, sand, and gravel excavation zone. So, the subject property consists of approximately 125.84 84 acres located south of the Tuila city municipality boundary uh just west of state route 36 and adjacent to the Tilla County solid waste management facility. Um the immediate surrounding zones include uh RR5 rural residential 5acre minimum, A40 agricultural 40 acre minimum, other MU40 zone uh other MU40 parcels, MG manufacturing general, and we do have um a few uh surrounding parcels with the MGEX zone. Something that I did want to highlight um for issues of concern or proposed mitigation, the property is located um kind of within the former Bowerer area um and it's historically known for uh intensive mining and smelter operations and as a result um there has been uh studies done for toxic waste remnants uh and they have been documented with the state. Um and uh many of the surrounding parcels have been required to do um some sort of soil remediation to address the contamination concerns. I did check with the health department. Um and they

reached out to the state and they uh the state came back and said that they're not within this uh toxic zone site, but the county engineer is still requiring a phase one uh environmental assessment report. Um part of staff analysis uh we came to the conclusion that um a lot of the items still remain incomplete or need to give updated descriptions. So at this point in time staff recommends that the Tula County Planning Commission make a motion to table the reszone until the applicant works through and submits the following items. I do want to note that the applicant has been very responsive in getting these items addressed since the agenda came out. So we're actively working on that as well. Um, the following items was is a document supporting item A, an updated item E, updated item F, having received input from fire, civil, and engineering, an updated item I, updated item K, a description for item L, a description for item M, an updated item N, having received input from fire, civil, and engineering, an updated item Q, a submission item for a traffic study, and an environmental site assessment phase one, uh, per the County engineer requirements. That is everything.

I have a question. Actually, it's applicant here. Yes. Uh let's hear from them. Maybe they'll address some of these questions and then um after public hearing, I'll revisit with you. Is that okay? Yep. All right. If the applicants here will have step forward, state his state their name and um present anything they might have and then we can ask our questions. Is that all right with the commission?

This one. Hello commissioners. My name is Gardner Francis with Westland Development. Uh tonight we are proposing a reszone for our parcel from the MU40 zone to the MGEX zone to facilitate a responsible mineral and aggregate extraction process. Um wanted to note that the Tilla County general plan the the 2022 update uh designates this area for manufacturing uh directly supporting the proposed designation. Um the site is surrounded um on all sides by existing MGEX and MGZ zone lands right next to the active Harper pit in that area. Um Tilla County solid waste management facility uh is nearby as well. Currently no residential uses um are being requested. Schools and sensitive receptors um are not pres uh present in the im immediate vicinity. Um, also just wanted to point out that we plan on going through the mandatory conditional use permitting process that is uh required in the MGEX zone. So, uh, just to fill you in, 125.84 acres is what we're looking to reszone. Currently, MU40 is the zone on about 80% of it. Actually, the north section of our parcel is already zoned to MGEX. And so we're just looking to bring the rest of that zoning down.

Um, how many acres is already in the MGAX? It's I think it's about uh 20. Okay. 20 of the 125. Yep. Thank you.

Yep. Um, and so currently our proposed use is just uh mineral and aggregate extraction uh specifically. Not looking to do any uh any permanent structures or any smelting plants or anything like that. Um, our access is, uh, directly off of Bower Road, the paved county road right there on the west side. Um, so let me make sure I've hit everything. Part of the CUP process will have a full operation and reclamation plan uh dogum notice of intents intent assurity bond a detailed site uh with engineering calc storm water management and dust and noise control plans a traffic study and a documented hall route for the county and the state maintained roads uh will be required performance bonds ensuring funds are available for full site reclamation. We plan on hitting on that too. And I believe the county has annual inspections for the uh mining operations throughout the life of the operation. Um so we're happy to facilitate that as well. Um if that I think that is all

is this an open pit or will is underground for the we plan on just uh grazing. So we'll uh in in your packet I don't know the name 120 ft of elevation removed. No uh not sorry it's 4970 to 4875. Yeah. Is that here? Let me It's uh Are you looking at the exhibit? Um exhibit A. Final design shows the current elevation at 4950 with the final floor elevation of 4875. So 75 ft.

Yeah. So, it's I think right now we actually had it um redrawn up at about 4750 with the end being about 47 or about 4675. So, that that's accurate about 100 ft in the proposed blue area, blue green area. So, um yeah, I believe that is that's all. So, any any questions you guys have, I'm happy to answer. Where is this in relationship with the underground fire that's there for the existing mine? The underground fire it's east of it

is north it's not inside the super fund area. Okay. Super fund was my next question. So there's no no remediation for hazardous waste needed in the area. Not required by the state. The county was okay. just off of South Mountain. Okay.

South or north?

Okay.

Right. Okay. All right. Um, any other questions? I do have a question. What was the purpose of bringing it tonight if everything if there's things that are incomplete? So, we uh we were not we didn't get really sent a corrections report. So, we we submitted I had it under the impression that um we submitted and paid the fine and that that triggered the review process. Um, and it is probably miscommunication on my end. Copy. Okay. Just being candid.

If I can chime in a little bit. So, he did give a formal proposal to have it against uh against you guys tonight. So, we can't turn down any formal proposals. So, at the at the time of the review, we decided to bring it up to you just to hold the public hearing and address the corrections that were going to be made. All right. Thank you. It's a formal request. The can say whether the application is ready or not. They can say I want to go before the planning commission. Okay. Of the next to table of the 11 items

of the 11 items, how many do she said that mentioned that several have been addressed already. How many are still to be addressed? So, we are we've addressed almost all except for the we're still getting the uh traffic study, okay, done. Um, we will have to get that phase one environmental survey. I did not hear about that. I I was on a thread where they did tell me the state didn't require it. So, I'll get with the county engineer to get a phase one. So, you're on T 10 and 11 still to complete. Okay.

Yeah. Um, I've I've reached out to county fire, civil, and engineering for those updated Narratives. I have not heard back on that. So, that is still in progress. And that is the same with uh item N and item F. I'm waiting for fire civil engineering on both of those. If we were to table this, what is your estimated timeline to have this completed? Um, we're we're actively working to get all this done. I mean, we um I just would hate to waste your time if we brought it up in the June meeting. Yes. I So, we um

if we tabled it till then, but July, we're looking we're not doing it the first week due to the 4th of July. Correct. Is this third week? So, I mean, that gives you two months. Yeah. Yeah. We're we're hoping to have all this done in 30 to 45 days. Okay. All right. Thank you. Any more questions or comments? Just a question on the tonight's discussion is only on 06-017B 0046, right? But you did mention some other parcels in there earlier. Could you orient me on that?

Property owner owns more parcels on the east side of Bower Road that are um are not part of this deal. He's not interested in participating on those. So, it'll just be that one on the west. Understood. Thank you. Thank you for clarifying that. This is a question. It may be for the county. Just a second. Should we do public hearing and then we don't have to readress it after we if we table it? Correct. And then so if we do public hearing, then we bring up county and readress our issues then we won't have to do it again.

Yeah. Is that okay? Okay. At this time, I open public hearing. If you're here for the public hearing, please come forward. State your name. We will ask you to write it down on the clipboard. I believe you already have. Just state your name and and you can address.

Yes. Thank you. Um I'm Jackson Smith. I'm partners with Gardener Francis, but uh I am just grateful to be here and uh be in front of you tonight. Um, obviously we want to make something happen that is in conjuncture and partnership with Tilla County that it will be safe for the residents and and a benefit to the continuing infrastructure here uh in Tilla and this pit. We have a couple of uh great opportunities with people that are interested in the aggregate that will come from this pit that are looking to win contracts for uh industrial as well as residential infrastructure here in the county. So, we're hoping that we can be part of that and facilitating that growth and that smart infrastructure growth. Um, but obviously we want to make sure that we do it in the right way and that we go about it in in the right processes. And so Gardner and I really just wanted to come out here and kind of get some facetime with everybody and uh and propose this and just um hopefully gain a relationship as we we want to continue to do work here in the county. But uh I'm in full support of the project. Uh I think it's great. Um but that's all I have. Thank you.

Thank you. Anyone online? Mr. D. No hands up. Has there been any response from Perfect. I now close the public hearing. Now we'll have staff come up and we can address our questions from staff. Thank you for waiting. Sorry. Question. I'm your tour guide.

Tour guide Barbie. So uh question is on item R the traffic study it it limits the traffic study to Bower Road but the impact of this pit will be SR36 will be the biggest impact. Is that a county or is that a state traffic study? How many vehicles are we putting on the only I don't know that we'll look at SR36. We just look at what the county maintains. what the county maintains. Okay. And we have just how to the the on-ramp and offramp. We have seen a previous application that addressed that. So

this what the that Yeah, that the excel del lanes. So Oh, okay. That would that is in place coming off of Bower Road already. So I think that would address this. Yeah. a road policy that spells out the level of traffic study required based upon the use. So that's what they've been provided with and that's the Okay. Do we know an anticipated number of uh trips per day?

I I haven't been told. Yeah, I don't I think that's why we're waiting for that to finish up. Right. And the traffic study is a requirement for the reszone and it's specifically in this case with MGEX at the point of CU that they will need to pursue. It asks for truck routes and so that's why we're asking for the traffic study at this point in time is the traffic study will help kind of uh map out the best trucks. Best truck routes and what for this development. Okay.

Or reason. Just really quick, are you on the same page as them? Like they only have two or three more issues to resolve or Yeah. Okay. I have a question as well as far as the the existing facilities there. There's three of them there now, right? The one down off the Stockton side, the one on the same side you guys will be working on, and then one down to the Okay. So the Harper Rulon pit is right there. That's the Stockton side. This is the Stafford Parsons. So

yeah, Kilgore and right there. And then um here's the here is the um either way the dump. No, the dump. But then there's one on the east side. Anyway, that seems I I'd be interested in the traffic study there because it's uh you know with you guys coming in there as a fourth one there it seems there be potentially could be a lot of truck traffic there. Yeah. And we're we're interested to see it as well. That was my question. That was the reason for my question. Yeah, we've already got some pretty heavy trucks coming through there.

Adding another how many trips per day? But yeah, so there there's also a process with dog and the stable will have to go through routes and and I think we have to hit a certain efficiency that they correct the state puts in place too. So correct we're working with them through that and we do have with the property owner he owns those parcels to the east that are being included. He is willing to also include access if we need to use his properties to access different areas along that state route as well as B road. We need to adjust some things and gain access easements through his other parcels.

I do have Michelle might be able to answer. Um, there was something that was brought up in the last few months that they're going to have a route through this area to the Mormon Trail. Is that correct? So, South Mountain Road already goes through trail. It just is not public. It's public. Okay. It's just a gravel road. Well, and that So, that could be another format, but I would anticipate that being their truck route. their truck round. Okay, perfect. All right, but we don't know without that.

That'll be Commissioner Elder Alders and Commissioner Mitchell's nightmare. Um, do we have any motions? Do we foresee this not being tabled tonight? Anyone in their mind? No. that seems to be the appropriate thing to do and with with 11 items. I mean, they have them cleared up, but we don't have the information at our disposal at this time. Yeah, we we appreciate your sincerity and coming in. That's that's what we were planning on

and it's good to know you to meet you guys put a face with an applicant. So, um I would entertain a motion at this time and then let's keep two in mind if we do this maybe an end date. I I don't know that June 1st. Yeah, I don't know if that is I don't know that that's realistic. So that would put it July in July and that would be the third week in my mind. So we're at

a meeting third week of June. Not not unless there's an item on the agenda

right now. So our right now we're looking at we are realistically looking at the 3 or the 15th of July. the third of June. We state when we table it until now. It would be a good idea just because then we can bring it up, but um I would hate to put it on the agenda for June 3rd and just get here and have retable. That can bring some issues. Um but we well we can do July 15th and then if they go in and ask for it to bring it up

appropriate if it's July 15th with the condition of if we get some things done sooner if we can maybe work work that out that's great for us. If not, I mean, we'll just continue to work. Yeah. I just July 1st, we've at the first meeting of the year, we agreed not to have a meeting that week because of the 4th of July. So, we're looking at the 15th. The 15th is what we're looking at right now. If if that is our table date, so if we chose to use the sample motion, yes. Yep. To be able to say, and I'm not not making this as motion. I'm just working on No, just working on

to be able to say I move we table the reszone request by Gardner Francis for reszone of the MU40 to MG ex application November 20 uh number. Yeah, spell it out. Spell all the way out through and not to exceed 15 July extension. Does that seem reasonable? Yeah. Okay. If there's not any other discussion, I'll I'll make that motion. Anyone have any other comments or questions?

Okay. I'd like to make a motion. I move we table the reszone request by gardener Francis for reszone of MU40 to MGEX application number TW 2026 051 based on the findings and subject to the considerations listed by the planning staff until a date not later than 15 July. Very good. That's a motion. Do we have a second? I'll second it. We have a motion by Commissioner Mitchum, a second by Commissioner Alder. We will do roll call on this. Commissioner Bstrom, yes. Commissioner Christensen, yes. Commissioner Warner,

yes. Commissioner Dao, yes. Commissioner um Alder, yes. Commissioner Scott, I vote yes. And Commissioner Mitchell, yes. Commission, uh the motion carries. We will table it until July 15th. Thank you. Thank you, gentlemen. Okay. Sorry, I have to go back up. Um, thank you.

Thank you. Now we will do and so this means just so you know we don't have to we will not have a public hearing next time. We have satisfied that with tonight. So got that's another reason we went ahead with the public hearing before Commissioner Warner's comments. Okay, we will turn it over to discussion items with Millie. I'm sorry I am not going to pronounce your last name.

It's fine. Um so um as you all know we did a training earlier this year um from uh Rob Terry. He's uh one of the I don't want to say he's an attorney. Maybe he's an attorney. He's a planner for

Yeah. advisor for the office of abundanceman uh property rights. And so, uh, because it was such a huge success last time, I do want to schedule at least one more training this year. Uh, I do want to schedule at least one more training this year uh, to be able to kind of get one more hour out of the way and that way it just leaves for you guys to complete your remaining mandatory trainings. So, I wanted to get um, this discussion time to kind of solidify a date. I did have an initial date with Mr. Terry for June 3rd, but I did receive some feedback that not many of the commissioners were going to be available for this date. So, I wanted to come in and uh once we have all of you guys here today to just kind of finalize on that date to have uh coordinate for Rob Terry with Rob Terry to come in at least what we're doing.

Okay. What's our options? any I believe July wouldn't be great because it's a busy season. Um but maybe looking into the fall months definitely before November and December because that's when um holidays start. So So we're looking at potentially September 2nd or October 7th. What's the date in August? Oh, sorry. August 5th. Any of those three works for me. August and October would work for me the best.

I think September, too, because that's Labor Day week. That might be a good one to avoid. So, August or October. And I did want to say I really appreciated the the training that went on and the dialogue was really good. So, we can maybe solidify in August or October. Does Commissioner D? I can make either one of those dates in August or October work. So maybe get with Mr. Terry and see what works for him.

Yep. And then um something else uh if there were any uh kind of topics that you guys were might be interested in um they do offer uh land using code of practice, eminent domain laws and practice, takings laws and practice, um conditional uses and variances. Um I have been getting a ton of applications asking for variances but variance h getting a variance is a kind of challenging thing. So if that sounds interesting to you guys, I could come up with that topic as well. The variances don't go before the planning commission though.

I was going to say we don't see those anymore. conditional use training would be good because all conditional uses goal. My opinion I that's was my thoughts too. I was like variances are to me they're fascinating but we don't see them anymore. Could they be tied to a conditional use? No. Um typically when people request a variance it's if something doesn't meet the code and then it goes to the administrative hearing officer. Sweet. Okay, I will be back. That was everything. Perfect. Perfect. Thank you. I adjourn the meeting.

So that's the 5th of August. She's going to let us