Planning Commission - Regular Meeting

Hey, Josh, rinky-dink Tooele County, Tooele County, 100% digital on the plats, 100%. Remote notary, remote signatures, remote everything. It is no mylar, no nothing. It's all remote.

I'd like to call this meeting of the Planning Commission to order. It's Thursday, June 11th, 2026, and we'd like to welcome all those in attendance with us tonight. I've asked Member Maloney to offer a word of prayer, and then if you will all rise and join us in the Pledge of Allegiance.

Dear Heavenly Father, thank you so much for allowing us to gather tonight and discuss the meeting of this county in a peaceful manner and respect each other's opinions. And thank you so much for allowing us to live in this beautiful place we call home. In Jesus' name, amen.

I pledge allegiance 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. The next item is the approval of the agenda. Do I have a motion? So moved. Motion by Member Maloney. Second by member Wilson, all in favor? Aye. Any opposed? Motion carries. Declaration of conflicts of interest with any item on the agenda? Commissioners? Okay, we'll move on. The next item is public comment. Tonight we have one legislative item and that'll have a separate public hearing. So if you're here to make comment on the Creekside Vista PC Rezone, We'd ask that you wait and hold your comments till we have the public hearing. However, we have administrative items. So the Warrior Risen Ranch CUP, Contwood Spring View PUD Subdivision Phase Amendment, and then Wasatch Peaks Resort Oaks Lodge Site Plan. If you wish to comment on any of those or any other comment you'd like to make to Planning Commission, now is your time to come up. And if you could come up. and state your name for the record and limit your comments to three minutes.

Good evening. i'm i'm addressing item number seven which is the lisa joe clark item number seven which is public meeting decision uh discussion about where there is a second um in going through the papers that i've checked on today I do have some questions going through some of these items. Do they have a conditional use permit for what they do at their branch now?

This isn't a back and forth, so you can ask the questions. We will take notes and answer your questions.

Okay. The approval with the fire department regarding the shooting range that they're going to have there, um make sure that this is in in this terrible year that we're having right now with drought conditions right now i'm very concerned about the shooting range um it wouldn't take much it wouldn't take much and a lot of those uh fires that are started are from shooting um unintentional shooting and I just wanna make sure that this has full approval from the fire department and that they've gone through the proper channels with the fire department to get their plans all planned out. They've been approved. I went through the full packet online today. I see what they have planned for their water, wagons and but a fire like that can spread so fast. I don't know what they have on site will be enough to mitigate a fast moving fire. I'm very concerned about that. This this entity is is registered as a Is this registered in the county, in the county, Morgan County, as a nonprofit organization? Are they going to charge for the use of these new areas that they want to amend into their plan? And if so, who benefits that? Does Morgan County receive any tax? from this entity for anything that they might charge for on their property? Are they going to build any new buildings other than what is noted the three yurt-like tents? Will there be any additional buildings? It doesn't say. It says there's possible.

With that, I'll turn it over to Skyler. and you can come up and kind of go through it a little bit more depth and kind of tell you what your plan is. We've done our six feet.

This being a larger collector area probably would warrant a eight foot wide.

Any other questions?

I guess on the tot lot, I would propose, I like the tot lot, but I would propose that they bring something in. I don't know that it needs to come back to us, but I would say bring in a rendering to the county commission, whatever they're called.

That's what they're called?

The county commission. Yeah, county commission.

Bring in a rendering for the tot lot? Yeah.

In his narrative, he described the materials and that used, do you think an elevation depiction? It's a great idea. And before we get down to a possible motion. This has to be separated. The motion we have in our packet was.

We're going to. Yeah, that's correct. So there needs to be a motion for the future land use map amendment. It needs to be separate from the motion for approval of the rezone.

The code says that a general plan future land use map amendment shall be required prior to submittal of the formal rezoning. So we need to separate that.

The county commission has not heard the code text change we made last week, correct, or two weeks ago?

That's correct. In my discussion with the county attorney, and if she's still on, she can address it. But the fact that it's going to the county commission, the text amendment's going to county commission on Tuesday, and that decision will be approved or denied. This recommendation for approval will be based on whether that's approved. If it's not approved, then this goes away. If it is approved, then this will be put on the first meeting in July, which is more than 15 days after that approval period, which would mean that the text would be live.

And maybe this is a dumb question. Is there a reason we didn't wait one more meeting until that was approved so we wouldn't have to wait on that?

The applicant requested to be put on, and because of how the dates were falling, I talked to the county attorney, and the county attorney agreed that it wasn't a problem.

So any other questions before we?

You guys have a motion and then discussion? Is that what you're calling for? Public hearing. Oh, we need a public hearing.

Public hearing. Thank you. So moved. Motion by Member Maloney.

Second.

And a second by Member Taylor. All in favor? Aye. Any opposed? Motion carries. Now is the time to public. Anyone would like to speak? regarding this rezone and future land use map amendment? Seeing none, ready for a motion to go out. Motion by member Taylor, second by member Maloney, all in favor? Aye. Jesse, I will be voting since there's just four of us, so aye. Okay. Now we're, whatever the commission is comfortable with. As far as the future land use map amendment, it's whether this is the time and place is probably appropriate for the future land use map amendment. So we need to address that with a motion. So you're going to have to kind of split.

It's included in their recommendation.

But you have to separate the two. We have to make two separate motions.

Yeah. So the way the code is written, you do need to make a separate motion for the future land use map. And then the rezone recommendation would come after that. so the future land use map does not really need to include any of these details in it it's just that simple thing do you feel that it do you believe that the proposed proposal to go to plan community uh is in line with the surrounding based on their proposal a good place and the right time so the motion for that would be as simple as that and the application is still referenced

Reference is the same number.

Same number for both motions. So I'm ready for a motion for the future land use map amendment. From agricultural and rural residential to planned community.

I'll make a motion move we forward a positive recommendation to the County Commission for the Creekside Vista change On the future land use map from agricultural and rural residential to planned community completely based, I don't know if I need to say that, based on the findings. You don't need to say that. Okay, just completely, period.

Okay, I have a motion by Member Taylor. Is there a second? I'll second it. Okay, a second by Member Maloney. Any more discussion?

Okay.

All in favor? Aye. Aye, any opposed? Motion carries, unanimous. Okay, now we get onto the motion for the rezone. And this is where we need to add into the motion what we are recommending to the county commission. as far as additional changes that don't exist in the staff report.

Do you want us to hold off on all discussion before a motion? Do you want us to make a motion first? I just worry that we're going to have a lot of discussion and have changes, but maybe I'm wrong.

If you want to have discussion, yeah. There's just a lot here. There's a lot here, so we need to unpack it.

Pack it.

I love this zone. I think it's great. I guess my question where it hasn't been done and I'm posing this to both of you. Do you like the planned community and do you feel like we have enough information?

I think I'm comfortable with the recommendations that have been written to the county commission. I think I would propose an alternative. i'm not sure i have this discussion before motion but i think i'm okay if we want to do a walking trail on the north side i think it would be okay if they wanted to alternatively provide a footpath bridge with connectivity that goes to the south side don't want this I think the rendering of the playground would be good to have in there. Yes. I think a typical elevation or rendering of the homes, I don't know that I want to nail that down, and I don't know that I want to micromanage that. I mean, I'm not after a particular look. I think I'd like to let them do what they think the market wants and what they're comfortable with. um i think we can put in there the six foot concrete trail that connects those two points on the north side and i think alternatively they could just um well with with a with an eight foot asphalt eight foot wide asphalt trail on the south side and i guess alternatively to doing that on the north side they could just provide access to those two points with a with a bridge across i would guess they would just pick north side but just doing a separate one on the north side there's also benches you know we could recommend four six something like that benches along that path

On the north side. On the north side or south side? On the north side.

And then a pavilion. We talked about a pavilion.

A picnic.

Well, a little pavilion. I don't know.

A picnic pavilion or something covered.

It has the capacity for at least X number of picnic tables, two picnic tables. I don't think it needs to be gigantic.

Debbie, you were requiring that additional parcel was also open space.

Yeah, to be labeled as open space, the remainder parcel needs to be labeled as open space.

Okay, I lied. Josh, I have another question for you. Is that okay? Dumb question. This is only... There's no dumb questions. I've been a part of planning. In other counties, when you've had this zone, you brought up a good point because there is a floodplain, right, like that they're not going to build there, so that naturally lends itself to open space, but you get additional density. Do you ever... I don't want to say subtract, but if the space is unbuildable, if it's 30% grade or it's a floodplain, have you ever seen where that doesn't count towards the same percentage of open space because it's not buildable land?

No. In fact, the open space is typically used as the retention basins. So when there are massive rainstorms, people aren't going to be out there recreating. By the time they do, it's dry, at least where I've worked. The retention basins are part of the open space, and they put the landscaping, they put the tables down there.

Because hypothetically, part of this won't be usable if there isn't El Nino part of the year, right? The uses will change, rather.

For sure. There will be parts of the year where the open space won't be usable. Snowstorms, rain events.

I think when the creek's running high, it'll be even more awesome.

you're gonna be putting it in our tube now. I was just curious. Okay, that's helpful, thank you.

Yeah.

So I can't hold five. Condition three, both plus and minus two, yeah.

That's seven, yeah.

I'm writing most of them. I have ADHD. I might have missed a few. We need to probably restate them. Yeah, in a motion for sure. I was just trying to be. Footbridge?

Footbridge. The footbridge in my mind isn't either or. If they want to do the trail on the north side, then that kind of takes away the need for the footbridge across there. But I would kind of leave that up to them. That's my opinion. Chair.

Trail on the north side or footbridge to the trail on the south.

The only reason I don't hate elevations drawing is because these are on Old Highway and they are not like a totally private neighborhood but if I'm alone in that that doesn't have to be a condition like they're pretty publicly viewed you know similar to like all those townhouses like they're ugly elevations I'm not saying they will be I'm sure Skylar will do a great job I'm not saying that but We don't have to review it, but if the county commission, just because everything's on the front end and this is my understanding, to Josh's point, it's not like a town center where it's back and forth. Once their entitlements are set, they're chilling. Once this is approved by the county commission, it's done. It's done.

That is correct. So if you want sample elevation that maybe they're not held to, but it provides kind of a sample view of what it could look like. I like that. I actually would recommend that for my sake.

You just know.

Because then it's adopted as part of the ordinance. It's there. And it helps. And there could be a couple even.

Because there's hopefully not the same elevation on each house, I assume. Right, Skylar? Yeah, so you could say these are options and two or three drawings. I like that. Does that seem reasonable for you? Okay.

Do you have the taut lot rendering? Oh, yes, thanks.

In there, they'll see the landscape plan. There is a landscape plan, so that's nice. So can I read you what I have so far? Six foot trail north, trail connected or a footbridge. Eight foot asphalt trail on the south. Benches on north. We don't state how many. I think a couple spare. A pavilion. Remainder lot is open space. Sample elevation. Tall lot rendering.

I just said I have the same.

Does that mean you want me to make a motion? Yes. Okay. Will you go to, oh I guess, This is just, we just won't do the... Future land use map, you quit.

Okay.

I move we forward a positive recommendation to the county commission for the Creekside Vista PZ Rezone application number 26.007, changing 10.42 acres from A20 and RR1 to PC with the future conditions, or with the... First with the findings. The findings listed in the staff report, as well as our findings today, recommendations.

And you can either list them out now or just as restated before. It's whatever you want. I'm going to list them. Good idea.

Either, per the developer's discretion, a six-foot trail on the north for access to the homeowners or a footbridge over the creek, an eight-foot asphalt paved pathway on the south, benches on the north side of the creek, a pavilion of some sort, the remainder lot to be listed as open space, a sample elevation drawing to be given to the County Commission, and a taut lot rendering.

Okay. I have a motion by Member Bologna. Is there a second? I'll second. A second by Member Wilson.

Any more discussion for the vote?

All in favor? Aye. Any opposed? Motion carries, unanimous.

Thank you.

Okay, we'll move on to our first administrative item, the Warrior Risen Ranch CUP Second Amendment.

Commission, this is the second amendment to the original Schlichty-Dude Ranch CUP granted in 2018. The original CUP granted in 2018 was for a dude ranch with no separate cooking facilities and accessory lodging structures in the A20 and F1 zones and required a conditional use permit granted from the Planning Commission. The first amendment granted in 2023 was to change the CUP dude ranch to a private park or recreational grounds, private recreational camps, or resorts including accessory or supporting dwellings or dwelling complexes and commercial service uses owned and or managed by recreational facility to which it is accessory. The first amendment required a CUP granted by the Planning Commission and this second amendment also requires a CUP for a private park granted by the Planning Commission. So the First Amendment in 2023 was to change the Duda Ranch to a private resort, which allows for expansion of uses to include resort type uses, associate dwelling complexes, and some commercial uses. The expansion of uses at that time included weddings, concerts, corporate retreats, and other similar events. These events are not just for disabled veterans and their families, but also for other interested parties, families, and groups. The first amendment in 2023 was approved with 12 conditions. The second amendment requests the following activities to be conditionally permitted. They're listed in the packet. There's about 25. I'll read them for the record if that's all right. horseback riding, sporting clays, stand up paddle boarding, target shooting, snow cat rides, livestock interaction, archery, culinary events, yoga, fishing, foraging, hiking, back country skiing, social media content, creation slash videos, cattle roundups, survival training, cross country skiing, hay rides, wild and preserve style hunting, mountain biking, roping, camp cooking, wildlife watching, agribusiness. The application requests another, which is too broad, it's the other low impact activities and that needs to be more specific. So, based on the information that staff has received, the planning commission, planning staff recommends that the planning commission approve the second amendment to a conditional use permit application subject to all applicable regulations and the following conditions. One, that all reasonable negative impacts be reasonably mitigated. And two, that the emergency access to the shooting range and the tint light structures along the path be in accordance with the Morgan County Fire Department. And the Morgan County Fire Department has approved those tint light structures and emergency access to them. The Planning Commission as a decision-making body for this CUP may add additional conditions to mitigate potential negative impacts that they clearly identify. With that, I'll be glad to address any questions you might have and also other staff is here or present. Also the applicant, Nick Seifert is here and he might be able to address any questions you might have.

Any questions for staff?

I have a question for them. Have you looked at the renderings of what they're proposing for their shooting at the backstop where the bullets hit? Have you seen anything on that?

I haven't seen too much detail. Let me ask Chris Treman to address that question.

Mainly the reason that I'm up here speaking to it is because I've been involved in it from the beginning. The applicant approached us about three to four months ago, came into the office talking about different concept ideas at the property. We then had a few discussions with them. We did some investigation to be able to help look at different ideas that they had, but we discussed the in-place current conditional use permit for the resort activities. which had been obviously amended from the original CUP-Duder Ranch. In looking at some of the amenities, though, that were being proposed to Jeremy and I, they hadn't been previously discussed or approved in the previous CUPs, so that's kind of what led to this. additional amendment in those amenities we specifically address possible or probable negative detrimental items which would include that shooting range and that's kind of where I'll address this The applicant took that information and made a presentation for eliminating those detrimental issues, including the gun range, placing it a great distance away from any housing areas. They took decibel readings from different locations at the property, and they are encouraging and using silencers on allowed weapons. They took grubbing measures to put fire breaks to create fire breaks around the shooting range and they also took you know additional grubbing areas to make fire breaks around to be able to protect their personal investments as well as other private property owners so um I'd like to kind of address, just out of respect, Mrs. Clark, Lisa Clark, that had spoken. Yes, they have a current CUP in place, conditional use permit in place. Fire risks and prevention have been addressed and approved by the fire department. The responsibility of cause and origin of any fire is left up to the fire marshal in that jurisdiction. So that's where that would come down into play. They presented an amazing medical response plan that the fire department medical personnel also, the deputy chief also approved. that they put together a fire response plan which includes personnel and equipment that are on staff all the time, whether it's an EMT and a firefighter that they have to be able to operate that machinery, to be able to quickly attack any type of fire that goes on. I was also informed that they will be sending those individuals to fire trainings and then also obviously having the medical training. They have an emergency response plan that they have coordinated with any ambulance responding teams to be able to quickly get a patient from point A to the ambulance. They did address the noise ordinance in play, which would obviously be, you know, You have to look at any nuisance for a noise ordinance, which would be any type of decibel reading from a certain distance away. But if that's something that you could put into play, like a specific decibel reading, whether you can't have a greater than 85 decibel reading at the property line, whatever it is, you could put a restriction on. THEY DO MEET THE LIGHTING ISSUES THAT COULD BE DISCUSSED. THAT COULD BE PUT INTO PLACE JUST FOLLOWING OUR COMMERCIAL OUTLINE FOR LIGHTING, WHICH COULD BE YOU COULD SET A TIME FOR IT OR YOU COULD ALSO THERE COULDN'T BE ANY LIGHTING AN HOUR PAST CLOSING. YOU COULD PUT THAT STUFF ON THERE. TO ADDRESS THE THREE NEW BUILDINGS. THAT'S WHAT HAS BEEN PROPOSED SO FAR. FOR ANY ADDITIONAL BUILDINGS, THEY WOULD HAVE TO GO THROUGH ADDITIONAL LAND USE REQUIREMENTS, APPLICATIONS AND THAT. THEY WOULD HAVE TO DO THAT. I KNOW THAT THERE WAS A DISCUSSION MADE PUBLIC USE. It could be allowed by permission only due to the hazards associated with having staffing on site because they do have to take those safety measures into place. So they obviously have to have staffing in place before they can have the public visit or even any other type of event. I did have communication with the property owner that having no direct financial impact due to the conservation easement that regulates there. That's with them, not government related. Business license is currently held in another city, but with approval of this part of the conditional use permit, it would be moved to Morgan County for the property.

Did I answer your question, Steve? Oh, yeah, you answered a lot. I still have, I don't know much about gun ranges, honestly. Is there, like, a prototype that is the safest? Like, do you have a sand vacuum that looks kind of impacting? Is there a...

some kind of a model? So those models, obviously distance is very important because you don't want ricochets, different types of targets being used. Obviously that is a great prevention method, but yes, they would be having mounds and different things that would prevent that.

With the fire, Are there ongoing inspections required under the, and I don't know what authority we have to tell the fire marshal to go up there annually or semi-annually and inspect it and make sure that the brush is held back the way that they agreed to or that, you know, the range is in shape where it's not going to cause a fire. I mean, the fire is going to get put out or it's going to go out eventually. But, you know, and these guys will be held liable, I would guess, for whatever they do. But still, you want to avoid it. It's going to burn up somebody's whatever. How is that handled long term?

Long term? Well, I know the fire code pretty good. With any type of business, annual fire inspections are supposed to be done on any type of business. That is very simple. I've already heard the new fire chief talking about that he wants to get back into that because it hadn't been done for years. So that's already in play. But you could put that down as one of the requirements that it is inspected by the fire marshal on an annual basis.

But if the fire marshal just turns out to be lazy and doesn't want to go up there for years, They don't have any ability to go force them to do it. So I guess what's our ability to put that in there? You're saying it's already in the code. We should already be doing that. Passed. people have been negligent in enforcing that, is what you're saying?

So if I may kind of respond to that. So if it's a condition of the conditional use permit and they're not, it's incumbent on them to seek out the fire marshal to do that inspection to stay in compliance with their conditional use permit. If it's not happening, then we have the right to revoke the conditional use permit.

What if he just won't go up there? What if they can't get him up there?

Well then that's an issue because they should be doing the inspections.

I think that ultimately that would come down to a staffing I cannot see that you would ever have that problem here in Morgan County with the way that it's getting designed. And I feel freely to speak on behalf of the fire chief. I've known him for years. That is specific. Safety, life, health, and safety is number one. That's absolutely his priority.

And they would be following him. So you're saying we don't need to have it in here or we do need to have it in here?

We can put it in there if we want to make it a condition.

I would feel better about that.

You could put it on the property owner.

To seek it out.

To seek it out on an annual basis.

And then if they call the fire marshal, the fire marshal's probably not going to say, no, I'm not coming up there.

but the fire marshal will get that wise i honestly i i will defend the current fire marshal i am not impugning the fire marshal at all i know i know it's hypothetical thank you yes yeah what about are there any issues with the with what they've been allowed to do so far

Not with the not with the dude ranch or the resort specific areas. There have been a few complaints about a privately used gun range that was very low lying down, you know, around the around the housing. and that and that has been discontinued and and no longer used that's kind of what brings this amenity to take it a mile and a half back to eliminate those questions concerns from the public That was a personally used range, not for their business.

With the events, what do they do there now that maybe people thought was going to be objectionable?

maybe there's no ongoing or is this an applicant yeah maybe direct that to the applicant so that the liability is not on the county chris i do have a question for you you you talked about the fire and medical plans yes where are those we don't do we make it a condition i they Have you seen them?

I have seen them. I know that they're approved by the fire marshal.

But do we need to attach it somehow to this conditional use permit?

So maybe make a statement that fire medical emergency preparedness plans are...

Chris, those were uploaded to Civic Review, correct? Yes. So we have digital copies of everything that was approved in Civic Review for the item, but if you want them attached as exhibits to the approval letter, we can do that.

Thanks. And would The applicant is Nick seaford he might be able to specifically answer you know, a couple of questions that that you have.

Thanks Chris.

i'm john schlicht i live in the operating room and the owner of the ranch uh nick is the consultant the operator of the uh shooting range so what's your questions you had your question about the complaints like yeah well i guess under the existing cup yeah have you had any issues complaints people having a problem with what you're doing there now I would say there were a couple concerts that were in late. The concert deadline was 9 p.m., so I went to like 9.15, whether there were other issues. So there were a couple complaints regarding that, so yes.

No traffic or anything like that?

No, everyone's adhered to the traffic plan. Police were there directing traffic. Phones are put up. No parking zones are set up.

I've heard a little bit, in fact, I heard you speak somewhere a couple of years ago. Can you just briefly give us like a two minute vision of what this ranch started to be, started as, how it evolved in the last few years, and what your vision is with these changes? Sure. And then maybe address number 26. OK. Which way, about 26?

The other low impact activities. Oh, gotcha, gotcha. Warrior Rising Ranch is a ranch that was built for veterans, police families. It's been amended to youth groups, leadership development. That's how it started. That's what it continues to be this day. In terms of the future, this shooting range helps those groups therapeutically. It helps bring them together with executives for mentoring purposes. So this is really a continuation of helping veterans and helping police families continue that mission. The ranch does it during the summer months because it's a family program. So we have mom, dad, and kids attend. They have therapy sessions going on. They all go through the therapy sessions there is a need for where families cannot attend for the individual veterans or police to come to have a shooting event to break down some of those barriers and then start the therapy. And so that's why shooting is key to the individual and future use of the ranch. The shooting program would also provide additional funds to the ranch. It's costly to run it. Our foundation runs it. I think there's a question regarding the economics of it. I received no remuneration from the foundation, zero. The shooting would provide no remuneration to me or my family. It would benefit the foundation and only the veterans and the police families that attend the ranch. In terms of 26, I guess it's a catch-all. We probably omitted not putting these activities in the initial amendment. We're also governed which by the conservation easement 5000 acres is in the easement, which precludes us from doing commercial activities so the only agribusiness that we can do up there is cattle ranching, hunting, fishing, things of that nature and we've tried to catch that in 26.

I don't think we can approve number 26, but if we want to list things out that are parts of 26 specifically, then maybe we should do that.

I don't think ranching needs to be part of the conditional use permit if that's just a normal operation.

No, initially, I don't think it does. We just threw those all in there as sort of a catch-all. You can wipe out 26. Okay. Yep.

I don't want to wipe it out if you have something specific in mind.

Underwater basket weaving. I've got a question about the business license.

Yeah, so I'm not sure about that. I mean, the business address for mailing purposes is our home in Mountain Green. We're moving to Porterville here shortly. It should be domiciled in Morgan County.

So you do have a Morgan County business license? Yeah, yeah. Okay. And what about, you talk about you'll probably, you could invite groups, other groups in Will they be paying? Like, they rent now for receptions and that, the lodge. We have other opportunities for groups to come in. and rent facilities?

It's licensed also as an Airbnb. OK. So I know it's taxed as such. I know we remit tax payments there. So we do have weddings there when it's not being used by veterans or places being rented out occasionally. Usually youth groups, there's no charge. And they come and stay at the ranch or camp at the ranch.

Will the tents or the yurt things also be collecting the transient room tax? If they are rented, like?

If they're rented, yes, that's remitted. If they're not rented, then this youth group says no.

Okay. And are you registered, the question, are you registered as a non-profit in the county? Is that a question that's brought up? If that is a thing, I'm not even sure.

Does that matter? I don't know.

The question was brought up. I was just getting an answer.

We don't look for that at all. That's not even something that we were concerned about. Our whole concern is the land use and that they get approval for the uses that they're doing on the land, period.

But I think I heard Chris just say tents can't be rented.

Yeah, so the tents will not be for overnight occupation. Cool.

Oh, OK.

if any outside groups are brought in they'll be chaperoned to do activities i don't know if it's in the application remind me again the size what's your parcel size of this range about 6 500 acres that's pretty awesome

In terms of the fire plan also, which wasn't noted, FosCheck Fortify is a product that is used for pre-spraying foliage so it won't ignite. Nick has some studies on shooting ranges in terms of their impact in fires. The Fortify product essentially will make scrub oak or anything else that's around the range non-ignitable. So we'll be spraying that product on there. It lasts, it can last all summer, depending on how it rains, and we'll reapply it as needed. We also have a fire truck, which will be spraying this retardant. And that's part of your fire plan? Yes.

I have a question regarding lighting. Will there be any additional lighting with this new CUP?

Outside of maybe tiny little solar lights. Well, no, okay, that's fine.

No, that's fine.

I'm still kind of curious, John. Can you explain to me the safest kind of backdrop for those long-range rifles?

So there's a current range there now, and it's going to be set up somewhat similarly to the way the current range is. The great thing about this piece of land and the place we picked specifically to put the shooting range is that it has 1,000 feet of elevation behind it. So there's... Under any conditions, there is no way that a bullet could reach a populated area.

Well, I'm not so worried about that. I mean, that is an important thing to me. Don't get me wrong, but I'm looking at the fire with the people that live up there. They're concerned about the possibility of fire. So I'm asking what is the safest backdrop for that kind of thing to eliminate that threat.

That was another reason we picked this particular area for the shooting range is because it's the lowest fire range. Brett on on the ranch there it's almost all cropland and low growing grasses very small amount of like a brush there's almost no. ladder fuel fuels, you know, like like pine trees and things like that so it's all very it's an open area I think it's well, you can kind of maybe see a little bit there and the top shooting range. the top where there'll be you know only rifle only a rifle could start a fire it's very very rare it's been in the it's been in the press a lot lately um but it's extremely rare and it really only happens from um uh steel core bullets or steel jacketed bullets which would be forbidden on this on this one So on this area there's there's very few fuels we're going to have we're going to excavate underneath any of the steel targets so any of the splatter areas underneath the targets will be won't have any organic materials. And the way those fires can start is when those steel core bullets break off in a large chunk and hit something that's very flammable. And so we're going to mitigate that by clearing any fuels underneath and then spraying the fire retardant around. And then having not only a full-time giant Unimog fire truck with a 500-gallon sprayer full of fire retardant on it, but also UTVs that will have fire extinguishing equipment, as well as extinguishing equipment on the ring itself.

I like your plan. I'm just curious for my own education on it. How far away can a bullet that fractures and carries heat, how far away do they go?

Well, it's still holding heat.

Yeah, or it could start something grass or something on fire. How do you know what that is?

It's very short. The only real study has been done by the U.S. Forest Service, and it's a very small range. So it's probably a matter of, I don't know exactly, but it's probably as long as a stable or shorter, maybe 10 feet, probably less.

Is there a wind component to your fire prevention plan, you know, if you get stiff winds? Yes. And does the rain shut down where if the fire goes and you've got the new log there, it won't be able to chase it very far if the winds are with it?

Yeah, again, you know, again, the main culprit for starting wildfires by shooting is a steel core, steel jacketed ammunition. So that won't be there or a tracer round or a muzzleloader, you know, when it shoots and it shoots ashes in front. all of that stuff is in our and i have a fire i have our basic fire protocol plan that i can show you and i also have a copy of our emergency action plan and people like to see that but uh but that that's our number one danger obviously you know the ranch doesn't want to have a fire because that's catastrophic for him um so we are putting that as our top priority and mitigating fire from

Any more questions? Thank you. Any more questions for staff? From the discussion, we're gonna be removing number 26 from the activities list. and that the gun range will be inspected by fire marshal once a year?

Do we want to put hours on the gun range?

There's hours on weddings and other things.

Do we want to put a time limit? I mean, I know this is a huge parcel, but there is noise involved with the gun range.

Maybe they can come up with a plan for the gun range for time. Hours? Hours of operation.

sorry that's one last question hours of operation just in the summer obviously it stays lighter later but recognizing that guns carry noise um do you guys have a proposed time you see this operating daily seven days a week what does that look like um

Yeah, currently we're expecting, you know, we may have days where we have to shut down for weather, things like that. Currently we're looking at seven days a week. We haven't put any limits on that.

What are your usual hours that you guys like to shoot? Yeah, you're shooting 8 to 8. How early do you start and how late do you go?

Yeah, that's a good question. I mean, you know, it can be morning until dusk, I suppose. You know, shirt after dark.

But in the summer, though, that's after dark.

Yeah. So, you know, again, with our I don't know, in the in the application, you'll see that there's a noise testing was in there. I know he's testing on the areas where we're going to be in the direction we're shooting had almost no, almost no decibel level at the at the on the valley itself. So again, that was another thing we want to be good neighbors there. on the on the fire marshal question i thought it was interesting that you brought up that what if the fire marshal doesn't show up i want to make sure that that it's it's written so that at least if we if we if we request it and and put it in writing and request that that then we'd be off the hook in case the fire marshal i mean we we want i welcome that uh but if for some reason someone doesn't show up i don't want to be shut down because i wasn't able to make it that's fair

So do you plan on shooting after dark there much?

I mean, potentially on occasion with thermal sights, yes.

So like, are you shooting through different kinds of scopes?

Yeah, you use like thermal optics, things like that. I mean, that's not going to be a regular occurrence, but on occasion, yeah, that could happen, yes.

It's getting more popular, getting cheaper. I would want to do it.

Yeah.

I'm just looking. In that case, you know, we are going to instigate this silencer culture. Silencers have become very popular, and they just eliminated the $200 tax stamp requirement on silencers. And so, look, again, I don't want to have problems with neighbors. So we're going to have this silencer culture. So when we do things at night, we can use silencers at night just to make sure it's as quiet as possible. And with the testing we did, there was no noise. And there was zero noise heard at all about wind silencing.

And it says here in the original permit that hours of operation for the ranch in general are 8 to 10. Will that remain, Josh, like for shooting versus it says, you know, weddings and concerts no later than 9?

Yeah, this is an amendment, so all the previous conditions still apply.

So right now it's 8 to 10, essentially, if we don't change that, is what you're saying?

Yeah.

Okay. Does that seem reasonable? You can't shoot after 10 p.m.?

Well, unless we wanted to do a night shoot on occasion. I'd like to have the opportunity to do that. And those restrictions were put in because they have concerts down at the bottom of the ranch in the valley next to the neighbors. That's why that was put in.

Well, the weddings and concerts in here are condition number two that are no later than 9 p.m. However, it says number 10 on your original permit says hours of operation are from 8 a.m. to 10 p.m. and shall not apply to overnight stays. So there's two different weddings and concerts are no later than 9.

yeah so that that's separate from this operation but for what for what we are proposing here so i don't know how that works i don't know you could add an additional one that would allow them to do occasional night shootings requiring silencers yeah but otherwise i don't know if i would require a silencer i chris what happens if

If they're shooting at night, I don't know that I care if somebody can detect some little sound out there, but if it's objectionable, like that train that runs by my house and blows that horn or whatever, What's the process there? If we extend this permit and we don't put a limit on that, I think we could easily put a limit on the five-stand range and the sporting clays range because they're not going to be shooting that at night. So that could be part of this. But that upper range there, it sounds like they've tested it and it's quiet even without the silencer. With the silencer, it's non-detectable. What happens if it...

if everything is wrong and they're up there and it's loud what does loud mean and when would you get involved and what would you do about it yeah loud is kind of a very subjective thing and that's gone why i was recommending if you put a decibel reading with that then it is enforceable And the way that it would go is there would be a complaint, more than likely after hours. That complaint would go to the sheriff's office. Sheriff's office would go up there, try to find their evidence. They would then go to me because it's a... it's a civil issue and and we could address um different different things with the property owner and that would be me that would be reaching out to them i would be working with them and talking to them making sure it's documented if we do follow a pattern where it's consistent then obviously it's a nuisance and that's that's how it would be governed that way and then i could follow our county enforcement program and even up to and include go revoke the conditional use permit.

So if we were saying, OK, for the upper range.

The shooting range.

Yeah, the upper shooting range. If we were to say, if that operates outside of these hours, then the maximum decibel level at the property line could not exceed what? Whatever. What would that be?

I don't know. I don't know decibels. Maybe it's 8. Maybe it's 100. I'm going to kind of look over at the zoning administrator. I know we were talking about decibels the other day on a different property. And we had kind of, you know, we talked about what is that nuisance? What is that? What is a normal operating lawnmower or generator cause? And that's kind of where that nuisance 85 decibel reading, but Josh, what is your?

85 decibels is like a standard lawnmower, maybe a little bit louder. That'd be pretty loud in the middle of the night.

Middle of the night, it would.

Yeah, but you have to remember that it goes up exponentially. So 70 decibels is uses at 70 decibels. When you move up to 85 decibels, it's more than double. So it's not just a short increment. 70 to 85 is a double.

Do you happen to know what their decibel readings were when they took their test?

They were zero.

This says 40 to 45 is a quiet office. 30 to 40 is a quiet bedroom. 50 to 60 is a normal conversation. And 50 to 60 is in annoying, irritating, and speech masking, whatever that is.

So that would be planning commission. Yes.

Just when I'm speaking.

Average home noise is 40. Leaves rustling is 30. I don't know. Normal conversation and background music is 60. So it seems like if I were in the middle of the night, I would say average home noise, I'd want to be no more than maybe 50. No more than 50.

If you would like to be specific on where that is read at?

At the property line.

OK. That makes enforcement a lot easier.

Do we want to stay after 9 since that's their wedding time and their concert?

Sure.

I mean, it keeps it consistent.

Thanks for bringing that up. That's the most.

We need to go over, make sure we've got all the added conditions.

Read mine off?

Yeah. Read yours off, and we'll check it against our list.

OK, remove number 26, other low impact activities. That they are required to request in writing annual fire inspections for the shooting ranges. THAT THE FIRE MEDICAL AND PUBLIC SAFETY PLANS BE INCORPORATED AS PART OF THE CUP. IT'S SHOOTING AT THE UPPER RANGE. WHAT ARE YOU CALLING THAT? THEY'RE ALL SHOOTING RANGES BUT THAT JUST SAYS SHOOTING RANGE. IS THAT THE UPPER RANGE?

THE RIFLE PISTOL RANGE. You could just say shooting range, though. Right? You don't want shooting after 9 p.m. with more than 50 decibels anywhere.

Well, I'm saying the only shooting that would be allowed would be at the rifle-pistol range after 9 o'clock and only if it's kept within 50 decibels at the property line.

Cool.

That's all I have.

Oh, I had to.

Got those. Do we want to make a condition that they can't use steel core? I know he says they won't use steel core, steel jacketed bullets.

I think that's a great idea.

Because then if someone else manages it and they want to, just to... We know those are fire hazards. And other... High risk, I don't know, fire, bullets.

I don't know that I'd limit that on the shotgun range if somebody wants to blow a bunch of money on steel shot, but because there's no real fire hazard with the shotgun anyway, so I would say that applies to the rifle and pistol range.

Cool. Okay.

then with that i'm ready for a motion and we are the land use authority so we are approving this i can make that okay uh is it ryzen right how these pronounces it looks to me like risen it's really okay I move to approve the Warrior Risen Ranch CUP Schlichty Conditional Use Permit Second Amendment, application CUP number 26.009, located at serial number 01-CRKS-0002, parcel ID number 00-0060-2183, off of Highway 66, Morgan County, Utah. based on the findings and with the conditions listed in the SAF report dated June 11, 2026 and is modified by the conditions and findings below. Number one, that we remove number 26 from allowable activities titled other low impact activities. That the Owner is required to request in writing annual fire inspections from the fire marshal for the shooting operations. No steel core or steel jacketed ammo is allowed on the rifle and pistol range. That the fire medical and public safety plans be incorporated as part of the conditional use permit. that shooting at the upper range, the rifle and pistol range, be allowed to operate outside of the normal operating hours past 9 PM, but only with a limitation of maximum decibel level of 50 measured at the property line.

OK. We have a motion by Member Taylor. Is there a second?

second by member wilson any more discussion do we need to put in there a condition that otherwise noted the shooting ranges are nine to nine because otherwise they're eight to ten in the existing conditions just to be clear as mud i'll amend my motion to add that to it that the other shooting ranges are limited to

9 to 9. 9 a.m. to 9 a.m.

So we have the motion and the second. All in favor, say aye. Aye. Any opposed? Motion carries. The next item is the Cottonwood Spring View. Hang on. And be fifth amended.

Commissioner, this is an application to request to subdivide a lot that was created in 2025 and to subdivide that lot into two lots. The proposed two lots will regain their original configuration. So for tracking purposes, we've labeled this the Fifth Amendment for our file. However, this is really the Second Amendment to avoid re-noticing.

In our defense, I don't know how it got labeled Fifth Amendment. I don't know if Jeremy was making a joke or what. Or if the applicant was making, I don't know. I really don't know how. It's the Second Amendment, but so we didn't have to re-notice it. We just, yeah, we kept it labeled that.

But the motion has it for the second.

So with that said, staff recommends approval with the following conditions. One, all the county survey or an engineer review comments be addressed. Two, that all outsourcing consultant fees are paid current prior to recordation of the plat amendment. And three, that all other local, state, and federal laws are adhered to. That's all I have.

Any questions for staff on this one? Pretty straightforward.

I guess, how do you interface with the, are there HOA restrictions that they had to, hurdles that they had to overcome here to be able to do this? No.

Yeah, property owner, if they have the room, they can divide. They already had two lots. They combined them. Now they want them back.

Oh, okay. Yeah, so. I missed that part.

I think that's why Jeremy made a joke, or whoever was making a joke, because the property owner previously went through the process last year to combine two lots that they owned, and now they want to split them back out.

They just enjoy the process. Yeah, yeah. I guess. I don't know. I feel that. Kind of crazy.

I regret all my decisions, too.

Is this the same as they were before? Mm-hmm. Wow.

Cool.

I would imagine it cut down on engineering, because the engineer probably had the drawings already.

Oh, yeah, yeah. Makes sense. Cool. Kate, there's no more questions from staff. I'm ready for a motion.

Madam Chair, I move we recommend approval to the County Commission of the Cottonwood Springview PD Subdivision Phase 7B. Second amendment, application number 26.006, located at 3049 West Summit View Circle, in unincorporated Morgan County, based on the findings listed in the staff report, dated June 11th, 2026, with the conditions and findings were made by the staff.

Okay. I have a motion by Member Wilson. Second. A second by Member Maloney. Any more discussion? All in favor? Aye. Any opposed? Motion carries unanimous. Okay, this is Wasatch Peaks Resort Oaks Lodge Site Plan.

Yes, this is a request for an oak lodge site plan at the Wasatch Peaks Ranch in the Peterson area to allow the construction of a new 63,497 square foot lodge on 4.28 acres. The applicant is Brian Nesteroff and the owner is Wasatch Peaks Ranch, LLC. County staff has reviewed the application. The staff recommends approval of the requested site plan based on the following findings and with the conditions listed below. The development agreements include but are not limited to a lodge up to 90 feet in height in planning areas C and D, which this lodge is located in or within. The development agreements address parking and landscaping and architectural elevations. And the second finding, overall finding, is this proposal is not detrimental to the health, safety, and welfare of the public. staff lists some conditions the usual of that all outsourcing consultant fees were paid that all local state and federal laws are adhered to and three the developer will install all required infrastructure including roadways utilities parking lighting and landscaping areas staff believes that the oak lodge site plan meets the design standards from the development agreements including but a lot limited to you know the parking the style, the roof, the building height, and the landscaping requirements of the development agreement and the building materials outlined in the development agreements. I'd be glad to address any questions you might have, and we have a representative from Wasatch Peaks Ranch that's here for us.

Any questions for staff or the applicant?

I had just a minor question. You say up to 90 feet. I've looked at the elevations. Where would it be 90 feet on?

Oh, it's not depicted as 90 feet on the drawings, but it looks like it's less than 90 feet.

OK. Thank you.

Looks like quite the structure. That's what $63 million buys today, huh?

And staff said they did review I couldn't blow it up to read the materials, but they checked the materials with the development agreement and say it matches. Any questions? Concerns? If not, ready for a motion.

I'll make a motion. motion i move we recommend approval to the county commission for the wpr oaks lodge site plan application number 26.008 allowing for the proposed oaks lodge located at 5946 west oak lodge lane in unincorporated morgan county based on the findings with the conditions listed in the staff report dated june 11 20. thank you and thank you for waiting probably shouldn't

Yeah, we went kind of in reverse on this one. I think, yeah. Okay, business staff questions?

Yeah, I would like to introduce Brinley Savage. She's our new planner. So probably within the next couple months, I'll be stepping away from the Planning Commission and letting Kent and Brittany handle the Planning Commission side of things, and then I'll just handle the County Commission side of things. But I won't throw her to the wolves yet. That's why.

And I told her we're really nice.

That's true. That's true, they are. So I don't know if she can come up and kind of introduce herself a little bit.

I was wondering who you were. So this makes more sense. I thought maybe you're the applicant who rezoned for two lots and then was adding them back and making fun of you.

No, I like to make things difficult for everyone. No, I'm Brinley Savage. I graduated from Utah State last year. This is my first planning commission, general planning commission. planning job. I grew up in Penguitch, Utah, down in southern Utah. And I'm just kind of trying to branch out and learn some new things. Nice.

Well, welcome. You were landscape architecture, correct?

Yeah, I majored in landscape architecture.

Welcome. And I have a question regarding replacement of Chance. It would be Chairman Wilson that would pick him, that replacement.

I thought it was Fat Girl.

I did too, and I was corrected, but I thought it was faculty, but they said no, it was Wilson.

Yeah, I didn't remember that. Yeah, he'll have to make a nomination. I don't know when he'll do that. I haven't heard anything.

Do we have a posting for him? He doesn't have to post?

He doesn't have to post for it.

Oh, okay. Does he know he needs to?

I don't know what he knows or doesn't know with regard to that. I do know I haven't received an official email resignation or letter of resignation.

Oh, Kate got it.

Oh, Kate did, okay.

I asked Chance. I saw him over the weekend. He says, oh, I gave that email to Kate quite a while ago.

Yeah, I didn't realize it had been turned in. So, okay.

And then what is our proceeding for, we'll wait until that person gets here, and then he's the vice chair. Okay.

was yeah yeah so at the next meeting we'll put it on the agenda that you can appoint and they wouldn't or if you want to wait until someone else gets here can you maybe notify chairman wilson's it uh i yes i will let him know it'd be nice yeah yeah because we were

real close here tonight. So how does it work just generally? If you're on the planning commission and you were appointed by a county commissioner, then if that person gets voted out of office, then what happens?

You're done. Yeah.

Ask Debbie.

You're done. You're done. On March, by March 31st, I think it is, or March 1st, something like that. But that new county commissioner can choose to keep you on. And at that point, you would stay on for the remainder of their term.

I just haven't heard of this before.

It sounds super dumb. I don't think so.

Tell us more.

So there's been issues with communication between planning commission and county commission. County commission felt that in order to facilitate greater communication between the planning commission and the county commission, each county commissioner would appoint one member to the board. And that member and the county commissioner that appointed them are supposed to communicate. really yeah yeah do you not call raylene like every day i'm just kidding well i mean you should be kind of touching bases with raylene on an occasional basis at least since she's the one that appointed you um there are two at large and those were put back in because there was a referendum so so there's a seven the the at-large planning commissioners serve four-year terms uh but the other five are appointed by a specific commissioner

Oh, it is four.

Five.

Five. So there's seven total. No, four years for at-large.

Yeah, yeah, four years for at-large. I apologize, yeah. Yeah, four.

And the term of a county commissioner is? Four years. Four years. I don't know, but I've never heard of it before.

Yeah.

Well, it is nice we have more people, because we have to have four to have a quorum. And so it is nice that we have two at large, plus the five.

Oh, yeah. No, I think that's normal. Just this process seems kooky. I like it.

Whether we need to get to a point where we may need alternates to change the code to allow for alternates, just so we don't get in a bind.

So Garrett talked to me. I don't remember if it was yesterday or today, but his intern has put together the two planning commissioner text amendment drafts that I'll be reviewing. One is for the alternate. The other one I think is for the public noticing, not planning commission. So she put together the planning commission text amendment to add the alternates and the public notification text, so we don't have to advertise it in a newspaper.

Am I the only one not doing their job?

Yeah.

I'm just kidding.

Raylene should be reaching out to you if she has any concerns. We'll put it on the county commission. It's on both. Yeah.

you're doing your job i'm not just fine and in our and our bylaws do you know where that is as far as the on their agenda i would have to ask janet okay where those are i i haven't asked her okay wait who's your person steve all right yeah so then yeah is matt yeah yeah okay yep i had it backwards yeah

Okay. Any other questions for staff?

Thanks.

Okay, then. Ready for approval of the minutes? So moved. Motion by Member Maloney. Seconded by Member Wilton. All in favor? Aye. Motion carries unanimous. Adjourned. So moved.

Second. No, it's all right. Take it.

Okay. Maloney and then Taylor, all in favor?