Planning Commission - Regular Meeting

I mean,

do you have one? I've got one on my computer.

Trying to save paper. I've been printing out so much paper. Welcome to the planning commission meeting. Today is Thursday, October 23rd, um at 6:30 p.m. Um we will start tonight with a prayer and then after the prayer by member Wilson, please rise and join me in the pledge of allegiance. Our father in heaven, we once again take this opportunity to meet as members of community planning commission. We invite your spirit to attend us this night. We may be able to cover the points that are important to those who we represent. We're grateful for all we have. We recognize your hand in our life. Say this in his name Jesus Christ. Amen.

Amen. 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.

Do I have a motion for the approval of the agenda for tonight? Motion. Motion by member King, second by member Sessions. All in favor? I.

Any opposed? Motion carries unanimous. Any conflicts of interest? Seeing none, we will move into public comment. Everything on the agenda tonight is administrative. So, if there's anything you would like to speak about, you can um come up to the podium and please state your name for the record. uh may want to mention that this is the only opportunity they'll have to speak on any item that's on the agenda as well. Didn't hear anything that

Oh, sorry. I said everything's administrative. So, yes, this is your only chance if you want to speak about anything on the agenda. Seeing no public comment, we'll move into our first agenda item tonight.

Thank you, Madam Chair, and good evening to the members of the planning commission. The um item number six on your agenda is the Mountain Green Animal Hospital Sign CUP. That's conditional use permit. Um the file number for this application is CUP25.008. The applicant is Britain Sorenson who is present in the audience tonight. Madam Chair, the project location is 5714 West Canyon View Circle, which is located in the Canyon View Commercial West Subdivision. Um, congratulations to the Mountain Green Animal Hospital team for I believe opening very recently. Um, and the current zoning of this property is Highway commercial designated as CH there on the map. The acreage is 1.02 02 acres. And the request for tonight, Madame Chair, is uh is for this body to approve a conditional use permit that is required for a sign on the rear of a commercial building. Um for context for benefit of the public, Madam Chair, uh conditional use permits have uh level of land levels of land use authority. This one being the C2 designation, which means it comes before this body for approval, not advancing to the county commission like some other normal administrative items. Um, and again, this particular conditional use permit is requesting uh approval of a rear sign on a commercial building. Simply enough, the sign code which is 155.368 in our code has a line uh clause in there that I'll read. Madam Chair, it says, "Buildings or businesses with exposure on the sides and front may choose which wall to mount their sign upon. Signs are allowed on the rear of

the building with planning commission approval." And for that reason alone, Madam Chair, this application comes before you tonight for again your approval. Um the staff has done a review and finds that this meets the minimum code requirements for a cup for a sign on the rear of a commercial building. Uh and any questions you may have Josh and I as staff can can answer those tonight. Madam Chair, thank you.

Awesome. Thank you. Jeremy, all these ones that say they will comply, I assume they're on their condition or on the chart. There's several that say will comply. I was just curious.

A lot of these conditions really don't apply. They're almost geared towards well something like gravel pit like you'll hear tonight. Um but this is an existing structure. That's the main thing. And then if a sign on the front has already been approved with a sign permit by staff, um we're keeping that application open based on tonight's decision. That's approved. We'll completely close out the entire sign package of which the page on your screen is just one of the sheets of that package. Any more questions? Would the applicant like to speak? You can. You don't have to. Okay. Welcome to Mountain Green. Um, this picture shows the illumination at night. I'm assuming it's going to be going all night. The illumination or will it turn off ever?

Well, this application is an opportunity. It's uh it's a commercial development and our code says that all illuminated light is to be turned off after 10:00 or uh 1 hour after the after closing, whichever is later. So, it's however late the veteran clinic is open, the veterinary clinic is open, and then an hour after that, it should be turned off. Perfect. Thank you. Sweet. Thanks, Jeremy.

Want a motion? Sure. Madam Chair, I move we approve the Mountain Green Animal Hospital sign cup application 25.008 008 to allow a sign on the rear of the commercial building at the property located at 5714 West Canyon View Circle in Mountain Green based on the findings and with the conditions listed in the staff report dated October 23rd, 2025. Have a motion by member Wilson. Do you have a second? Second. Second by member King. All in favor? I. Any opposed? Motion carries unanimous. Thank you,

Madam Chair. Item number seven on the agenda is the Cudden Gravel Pit CUP, which is file number CUP 25.009. The um applicant being Leslie Harris, the property owner being present tonight. Madam Chair, the project location is approximately 3100 North Lost Creek Road with the parcel number and serial number identified in your meeting packet tonight. The current zoning is a split. It's the tunnel zoning we see along uh Lost Creek Road and Morgan Bell Drive and Highway 66. It's the split of rural residential 1acre minimum RR1 and agriculture which is 820. You see the corridor kind of going up along the road there. The zoning of R1. So the acreage is 247.25 acres. And the request for tonight, Madam Chair, is approval of a conditional use permit that is required for the use of a private gravel pit. This one has the C3 designation, which means that that this body will will recommend to the county commission. We do not know either way. Um and the review having been completed by the planning staff which includes uh uh not only Josh and I but the the code compliance officer who has visited this site specifically along with the county engineer. The county engineer completed his review uh during the time that the staff report was being written. So just for deadlines, you all were sent a memorandum that included uh two exhibits. One is a is a is a memorandum from the county engineer and one from the second secondary county engineer providing a drainage review. Uh so what staff has done is we've taken the suggested stipulations from both of those letters and madam chair I'd like

to read those into the record tonight uh again contained in the memo that you were sent. So conditions number one that the reclam reclamation plan include top soil slope stabilizing vegetation pond removal and clarify use of improvement specific specified in note 8 that's note 8 of the drawings madam chair that the plan indicate phasing or state of all material will be removed in a single phase that the reclamation bond be established before operations begin for that the county conduct inspections before during during and after excavation. Five, that the plans include the required runoff storage volume sized for at least the 25 year 24-hour storm or the Utah Division of Oil, Gas, and Mining minimum, whichever is greater. Six, that the plans show drainage direction arrows in a note indicating all runoff from the excavation area will be directed to the storm water retention area. So these stipulations being suggested by the engineering contractor um and haven't been read into the record uh based upon uh a recommendation from this body tonight we can staff can just write these in to the staff report that goes to the county commission would be more integrated and read better. So with that um again the applicant is in the audience tonight madam chair but staff can answer questions that the commission may have. Thank you.

Thank you. Okay, I have one question regarding the condition in the packet, not the engineers number four and it talks about the re vegetation using plant species approved by the planning commission. Can we do that now or do they have to come back to us? I apologize. I was looking something else up. Can you repeat that?

Okay. The condition it talks about reveation using plant species approved by the planning commission. Can we approve now what we want like native seed mix rather than or do are they required to come back to us? Um you could approve the cup per the conditions and then add a condition that prior to reveation they come back and have the landscaping approved before they they proceed. It would just be another meeting where they would present the landscape plan to you. Okay.

But the approval tonight would allow them to start the excavation. Yeah. Any additional questions for staff? The applicant is welcome to speak if you'd like to. You don't have to, but you can. I'm right here. Cool. Questions. Yeah. Perfect.

Thank you. Mike Schultz, uh, owner of SO Ranch. I appreciate the opportunity to be here with you today. Just maybe to address the uh, uh, receding. We're very particular on the uh types of uh grasses and forbes that we plant uh in that area. Want to make sure it's habit really good for the wildlife uh and uh sticks kind of with the native stuff. We have found the crested wheat grass grows a little bit better uh in that area on that on that type of a slope. So, we probably use a little bit of crested as well, which isn't necessarily native, but that's what the seed mix would look like. Happy to answer any other questions if there. Thank you. Any questions for the applicant?

Yes. Are you going to have a crusher up there? No, ma'am. Okay. And you said is this going to be on site or will there be trucking on the road maybe to your other properties? Just Yeah. Minor Yep. minor trucking is all just uh up around it to to get to the other parts of the ranch is all. Thank you.

Thank you. Any discussion? curious. Well, hasn't it already been happening?

So, I mean, I've seen some of the trucks around the area, and honestly, there haven't been a lot, but there is a blind corner right in front of my place. So I would just recommend that, you know, as as big trucks are coming down through that area um approaching the lower portion of Croen to to slow down.

You're having way more fun than we are out there. That's That's a party. Want to go to that next?

Any other discussion? So, I'm kind of curious, Debbie. Is it appropriate at this point in the game to require like hours? It's that it's it's listed as the conditions in in the staff report the hours of operation already. Yeah, the the excavation can be limited to 7:30 to 5:30. There is a caveat in there that gives a zoning administrator the option to wave those hours under a certain circumstance, but you can place the hours in there.

Just out of curious, how would that affect you? I don't think that would affect really anybody, but maybe the crouch is across the road and the tunes up the street. I mean, it's pretty in the middle of nowhere other than up by his place. So, the condition in the packet says from 7:00 a.m. to 5:30 p.m. Monday through Friday. Yeah, they abide by that. I don't see a problem.

Yeah, those hours are taken directly out of the code. So, do you want to make any conditions on that in addition to it? Not on time. No. I What about speed?

Speed of equipment and trucking. That's part of the problem is there's really not a speed limit listed up in that area. I'm not sure. I mean, there is one lower, but as people get heading north, um, people fly up there, especially across the front of Mr. Schultz's place, like that that becomes an autobond. So, I'm not saying to put one. Um but what would be reasonable ask commission loaded equipment 35?

I don't know. That's my feeling on it. Okay.

I'd be okay with that. You can put it as a stipulation. I can't guarantee I can enforce it. Uh in talking with the county engineer about speed limits and speed reduction. Uh we can't falsely uh place a speed limit on a road. Uh because the speed limit is actually the 80th percentile of the speed that the cars go. So I I'd have to talk to the county attorney. Uh you can put it as a stipulation for now. Um but the county attorney would be the one to determine if I can even enforce that or not. Could we put something on there to Is is it a private road or is it a county road or a state road? That's a county road.

Well, contained in the code is that there are in the absence of signs speech default to specific requirements uh in the code. Is it a residential area or is it a rural area? Very rural. I'm just telling you what the county attorney told me in my discussion about speeds. Yeah. And that's my understanding as well is that we can't make it a stipulation as on this type of application that that's my understanding too in speaking with the county engineer.

So there was one application that we had um for an excavation permit two years ago uh a part scrabble. We placed a uh speed limit on it. We probably shouldn't have. It created more of a safety hazard because the cars uh instead of staying behind the trucks would uh whip around the trucks. And um in one instance, I believe one of the trucks was run off the road because of the neighbors. So, I I don't know if I would put a I I mean, you can, but I'd have to check with the county attorney.

Yeah, I'd have to do some more research, but that was my understanding as well. Yeah, come on forward. So, I I believe the speed limit is 45 or sorry, 25 on the lower part and then it switches to 40 once it gets up a little bit higher. I think we're in we're happy to abide by whatever speed limits are necessary, but there's there is a postage speed limit sign along that road and certainly and it's it within that range that we're talking. So, thank you.

So, there's a default speed under the traffic code where it's unmarked. It says subject to subsections 1 and four and it has the code numbers um 25 miles per hour in any urban district. The question would be what does it classify as and if it's a government road?

Yeah. And our county roads fall under our county highway authority, not planning and development. They are the ones that would have to establish the speed limit. Yeah. I have a thought. Um Josh or Jeremy, when you guys present this to the county commission, maybe instead of us putting it as a stipulation, you could just say, "Hey, this was a discussion." Um would that make sense? Because I It doesn't sound like we can do it anyway. Yeah. Just to see how their thought is.

Yeah, we can definitely do that. Um they'll have the minutes as well. But we've been trying to attach those. But it it's more meaningful if it comes from you with the mic. You bet. We can do that.

Sounds like the far majority of the trucks that are loaded with materials are going to be withheld with inside the ranch. Is that the understanding, too? Are you ready for a motion? If you are,

I move we recommend approval to the county commission of the Cudon gravel pit cup application number CUP25.009 009 to allow for the use of a private gravel pit at property located approximately at 3100 North Lost Creek Road in unincorporated Morgan County. based on the findings and with the conditions listed in the staff report dated October 23rd, 2025 with the added conditions that the conditions listed in the engineers memo dated October 22nd, 2025 be included and that the applicant come back for approval of reveation at the time of reclamation. I

have a motion by member Sessions. Second. Second by member Wilson. All in favor? I. Any opposed?

Motion carries unanimous. Thank you, Madam Chair. Um, item number eight on your agenda is for the Corner Canyon Equestrian Center CUP. So, we've really loaded up on the CUP for tonight. It's the agenda to see how it works. So, this file number is CUP 25.004. The applicant and owner of the property is Michelle Palmer, who is present in the audience tonight. Madam Chair, project location um is approximately 330 ft northwest of the Porterville Chapel of the Church of Jesus Christ of Latter Day Saints in the area. And and this one was a little funny to describe because the lot line or the parcel line there bisects the home. Um and so I just pointed to the actual building itself for for the for that project description, Madam Chair. And so the parcel numbers and serial number is is correct in your staff report. And the current zoning has this with the the similar split zone designation of RR1 and A20. The acreage of the parcel highlighted on your screen is 8.49 acres and the request is for approval of conditional use permit that is required for an indoor riding arena. Madam chair, this one has the C2 designation. So you will the the body here has the land use authority to approve this request. Um and staff having done a review on this finds that it meets the minimum code requirements for uh for for approval of a CUP per those standards in our code. Uh this originated from a request for a business license uh and awaits the approval of this cup if that business license is to be approved. Uh historically the the arena the horse arena has been used privately but if to

be approved under a business license to be used commercially again requires that that conditional use permit. Um the land use code uh specifically the land use table for rural residential districts outlines the use um as follows and again that code section is 155.082 082 quote public stable, riding arena or I'm sorry, riding academy or riding ring, horse show barns or other equestrian facilities under single management. So this falling under that definition is where that C2 designation comes from. Madam Chair, otherwise um I will mention that the uh again the applicant is is present in the in the audience tonight. I believe she has a a neighbor a letter from a neighbor that wasn't sent to staff. I figured it'd be best if she read it into the record. Um, so I yield my time, Madam Chair, unless you have questions for staff.

Thank you. Should we let her read that letter now?

Cool. For the record, Michelle Palmer. Uh, this is from Mike Evans. Um, he is a dear neighbor. Um he wrote he was going to be here tonight but he can't seem to go. So I says to whom it may concern in regards to Michelle Palmer's conditional use permit. I wholly support it. She is a positive influence on the neighborhood. She lets neighbors use her act building to ride their horses in inclement weather at no charge and teaches children how to ride. I own the property across the street. sincerely my accounts and I'm happy to answer any questions that any of you guys might have about the property. Um, we moved up here in 2016. Um, I and just so you know, I did initially ask then if I needed a business license and I was told it was optional. So, we've just been doing our thing and, you know, we're pretty public about what we do. Um, you know, lots of people around, bring the horses over and, you know, we board some local horses and teach kids for ride and some adults, too. Um, we're pretty low-key. Uh, right now there's only six horses boarding there and, you know, a couple lessons a day maybe. So, a busy day, a busy day might be a Saturday with maybe four or five lessons maybe. So, we're pretty quiet. So, I would appreciate your consideration for approving this and we'll get the license squared away and whatever I need to do.

Thank you. Hey, thank you. I I have a question for the applicant. Do you live on the parcel or does someone Is there a residence on the parcel? Okay. I live in the little cutout piece. Thank Thank you. I have a question for Michelle. What down the road? What do you foresee? Like are you going to expand what you're doing or You just plan on keeping it the same.

Yeah. Um if if we did, the only thing I would expand is make my outdoor arena a little bit bigger, but just because I have the land, but you know the so the indoor arena, we use that in the winter, but you know, there's a round pen on the property and the outdoor arena and pretty much everybody's in the outdoor arena in the summer. Um so yeah, no, we don't have any plans for expanding anything. Um I did just tear the shop down that is on that gravel driveway that comes in. It was a log shop that was neat little the one just off the road. Off the road. It looks like a house almost. No. Yeah. What's right next to the house?

Yep. Looks like a second house. It's big. Yeah. So, I will be going through a permit process to put in the building, but that's all I'm doing. Nothing. And there is 17 stalls in that metal barn. Um, have about half of those are so have a few empty.

Thank you. discussion, questions, comments, concerns. I I don't have any real concerns. The question to me would be if it became more popular with parking there if that became an issue. the way it's set up right now.

Um, if it did expand and we started getting complaints, uh, we would revisit the cup and then we would add stipulations about parking.

You see in front of that metal barn that is Yeah. There there's a huge parking lot right there. So there street but I do understand traffic. It's just but there is plenty of off street parking. So that was a question. Thank you.

Madam Chair, I uh I move we approve the Corner Canyon Equestrian Center CUP application number CUP25.004 004 to allow for indoor riding arena, a property located approximately 330 ft northwest of the Port of Chapel of the Church of Jesus Christ of Latter-day Saints in an incorporated Morgan County based on the findings and with the conditions listed in the staff report dated October 23rd, 2025. I have a motion by member McMillan. Do you have a second? Second. Second by member Watt. All in favor? I.

Any opposed? Motion carries unanimous. Do you guys have any questions for us?

I actually have a request um that you direct staff to bring a text amendment forward.

Okay. No, no, no. We just got an email uh from the clerk that the state legislature uh recodified title 17 which is the state legislature code for counties. They've recottified it to a completely different numbering system which means that we have to go through our code and any any place where we've um mentioned title 17 has to be changed. Uh, and I know I can't bring anything forward without a direction. So, uh, since the deadline for that is, I believe, November 10th, we're not going to make that obviously, but sooner rather than later. So, um, if I could maybe get a direction to bring that text amendment forward, that would be helpful.

Did they require a motion? Yeah, but I have a question. Why did they do that? Good question. I don't know. Yeah, I I just heard about You should have brought that up when Mr. Schultz was here. Exactly. He could have maybe answered that question audience at that point, didn't we? Yeah,

I can forward the email that Lesie sent out. I did not read through it because I saw the first few sentences and went, "Nope, I'm not looking at that." But I'll forward that to the planning commission. That would be helpful. And then maybe we can make a motion. May I offer a motion? Yeah.

Offer a motion. I make a motion that we empower the staff to study all the impacts of the recottification of the planning guidance in the state under state law and return to us with the recommendation and changes. Second motion by member Watt, second by member King. All in favor? I I. Any opposed? Motion carries unanimous. Maybe someone accidentally checked the wrong box. You have our sympathies, Josh.

It goes further that it has to any code reference and any letter, notice, posting, sign, email, ordinance, policy, communication, etc. has to be updated, etc. That's always my favorite. What did it change to?

So, they I you know, I I didn't dig far enough. You don't want directed for any more work or any you'll be busy. Nothing. Okay. Um, do I have a motion to approve our October 9th, 2025 planning commission? So moved. Motion by member Sessions.

Second by member W. All in favor? I I motion carries unanimous. Oh, any opposed? Motion carries unanimous. Um, do I have a motion to adjurnn? Motion. Motion by member King. Second. Second by member Sessions. All in favor? I. Any opposed?