Planning Commission - Regular Meeting

Okay. Um we will move on to the agenda. Um first uh so uh we're actually going to move item three up to the top because the applicant Rocky Mountain Power has asked that we continue um continue this item to next month, meaning we won't have this discussion this month. they um they want to wait and uh look at it in a month. So um with that um motion to continue

and Mr. Chair, that date would be May 19th. May 19th. They want to continue to May 19th, including the scheduled public hearing. Yes. Um, so, uh, I guess we need a motion to continue that item to next month's agenda. I'll make that motion noting that the next meeting will be May 19th. And a second. I'll second. Okay. Um, motion has been moved and seconded. All in favor? I.

Any opposed? Okay. Um just for the public's information um on that item like as we said it is a an item that is subject to a public hearing. So um we're going to have that discussion next month and um if you are here to make co comments about that you're welcome to make it at the end of this meeting in the public comment section. Um you're also welcome to come back and make those comments next month. Um, and I highly recommend submitting comments online so that uh we commissioners have a chance to review those comments and and take those comments into consideration ahead of the meeting. Um, okay. The next item on our agenda is also a public hearing. Um, let's see. So, the the item the applicant is Jamie Evans, proposed Utah County Land Ordinance Amendment. Um,

I think I think your tipus was Oh, sorry. I got out of order. I got out of order. That's what happens when you start moving things around. Okay. First uh first item proposed amendment of uh this is a tempanogus special service district proposed amendment of the Utah County general plan land use element map from agriculture to manufacturing and amendment of the Utah official Utah County zone map from the residential agriculture and mining and grazing zones to the public facilities zone for property located uh as specified approximately 48 acres uh Chimian Rock Pass Road area of an unincorporated ated Utah County. Um, Mr. Chair, yes,

I sit on the board at Temponia Special Service District, so I'm going to recuse myself. Make it so. Thank you. Um, okay. This is a public hearing. A public hearing is necessary for this item on the agenda. I will entertain a motion to open the public hearing. So move. So moved. Um, second. Second. Second. All in favor of opening public hearing. I. Any opposed? Hearing none. Uh we will first invite the staff to present.

Yeah. Greg Robinson from our staff will uh give you an introduction.

Commissioners, good evening. Uh this item is before you. request. Um should be a little bit familiar with it because there was a previous application um last year, but there there also was a follow-up application you recently um uh may have reviewed through for a text amendment for a use that um is anticipated to be proposed on the property that is being reszoned. Uh the current zoning is the RA5 and MG1 zone. Um they are proposing to amend the the zoning map to uh the public facility zone. The intent is that the public facility zone allows for the storage and sale of class A bioolids which is the anticipated use of the property that is being reszoned. Um to be clear, a reszone um would allow for any of those uses that are permitted or conditionally permitted on in the public facility zones. U however, the applicant has indicated that their anticipated use is for the storage and sales of of class A bioolids. Um the general plan has this land in in the land use element has this uh property as the R5 as an agricultural area. However, the proposed change would would change that in the land settlement to a manufacturing area as what is classified in the PF for the PF zone. The um property does have frontage on SR 68. a little bit of frontage um that I'll show you in a second. And then also on Chimmy Rock Pass, the total acreage of the property being reszoned is 48 acres roughly. Um this is not included in any

annexation policy plan and it is um about 11 at least 11 acre or 11 miles away from um any other adjacent city boundary. This is the zoomed out area of where this property is located. This is the proposed area to be reszoned. Um it is currently owned by the applicant. Uh the as you can see there is area that is um to the east that is bordering SR68 in the um to the north that is on the has frontage on Chimmy Rock Pass. This is an aerial view of that. There aren't any adjacent or there aren't any land uses currently um being used on this or that are uh currently associated with this property. It is vacant and is um typically been used for agricultural uses and grazing. Um sorry that was kind of it. So the just to kind of give you a little bit of information, the the area that is that we're looking at is the closest parcel or the pro property with a dwelling on it is um just um sorry about 400 ft from uh the boundary or the parcel boundary. Uh the next closest dwelling that I was able to find permits for was uh a about approximately a mile away. The Bay View landfill is to the south about less than a mile away from this along SR68. Um, and the just to give you a little bit I I know you're familiar with what happened with the the text change, but um just to for

information purposes, the text change that was recently done um made modifications to the PF zone to allow class A bioolids. That application had come before you before. However, the updated application that was approved by both the planning commission and county commission included additional requirements to have all um of the storage areas or the the bioolids covered and also have a a solid surface beneath that so that um it would be impermeable. So there wouldn't be any windborne um there wouldn't the wind wouldn't affect the dispersion of any of those bioolids and there would no be there would not be any per uh infiltration into the ground from any rain or water that got on those bioolids as well. Um if you have any questions the applicant is here um and I can answer any questions as well. The applicant also has prepare has submitted a presentation that um they would be happy to present to you as well.

Uh first of all are there any questions from the commission to the staff?

I have a question just for someone who doesn't understand what's class bioolids just what's the normal usage for that word? Um so it is a byproduct of a wastewater treatment plan that I am sure that the applicant can speak to a lot um better than I can but it is a uh the byproduct is um treated so that there class A means that it is has um passes federal regulations that um by pathogens are at a non-detectable level if I understand correctly But I will definitely let the applicant kind of explain that better than I can.

Are we just are we talking mulch? It's not used for mulch or is it used for It's not exactly crops or what's the It can be used for Yeah, it's not a mulch, but it can be used as an amendment to soil. Okay. Um I I want to be clear from staff um what the implications are of voting on this amendment. Um this If if if this is approved by the planning commission, it goes on to the county commission. Is that correct? Yes. This uh your action tonight is a recommendation. Okay. Uh to the county commission for final action.

Okay. And um uh if this is not approved by our commission, what happens then? It would still go forward with a uh recommendation for denial if that's what the case is. And then the county commission would receive that recommendation, the minutes as usual, and uh would proceed with with their responsibility to act on that. Okay. So, what we're they're free to make their own decision. What we're acting on is a recommendation or not on this amendment. Okay. Um any other questions for the staff?

What What is the dwelling? Did you say what the dwelling was? That's 400 ft away. So the dwelling um it's the part property to the north um is where the dwelling is. Uh the permit that I have if I recall is kind of where the the writing for SR68 is. It's in that on that parcel. There appears to be one that I wasn't able to find a permit for um to the property that is just to the north kind of um that where that quanza structure is located.

Do you know what dwelling it is as a home or

it appears to be used as a home but we do not have a permit for it. So they if that was that I couldn't I could not find a permit for it. If so if it is being used as a home it is unpermitted based on our records. There may be other records that I wasn't able to find that that the applicant may or not the applicant, sorry, that the property owner may have that that would um refute that, but my my our research was unable to turn up any um record of a dwelling. Any further questions for the staff? Okay. Uh let's invite the applicant speak. Hello, my name is Richard Mickelson. I'm the district manager for Temponogus uh sanitary sewer. No, sorry, that's the new name. We're sorry. It's typogous San Special Service District. Thanks. Um, thank you for taking the time to listen to us. Uh, as mentioned, we came a year or so ago and uh, presented um, our intention to uh, put a storage facility for the class A bioolids as you asked what that means and what that is. Um I

have as rec asked by this commission previously um I brought some actual material so that you can look at it. This is what uh bioolids this as we treat waste water the biology um um converts the dirty water to clean water and that biology reproduces and makes a biomass. That's what this is. And we have to waste um approximately um 150 tons a day of that away. So essentially each individual produces about one pound of bioolids that we have to treat. Um for example, a cow would do about 100 times to 150 times more of that. And those uh they we we take this material is the worst or the lowest class of uh material that comes out of our facility right now. We take it to the landfills and one of those landfills that we go to is Bay View. Um we have um our process that we're putting in place. This I brought, if you want to open it, you can smell these. I brought some air fresheners. I don't know if that's like uh tasting uh different treats and then this would make it so that wouldn't smell so bad. This does not smell pres pleasant at all. This stinks really bad. So, I would recommend not opening that. Um but if you'd like to, you're welcome to. We are adding um as this commission knows, we uh got approval for height variants to put anorobic digesttors in. Um, essentially we'll take this mass, it has some energy in it still. We're going to basically reduce that by half and then that odor that comes from that and also methane. We'll capture that and

scrub it and reinject the methane back in and scrub the odor so that it doesn't smell by our plant. Um, which is one of the fragrances that people don't like to smell. And then we will uh produce a product that's like this right here. We uh finally refer to it as Cheetos. These this you can open up and smell. And we also have other um you can we will have the potential to process this in other forms not at this site that we're planning on storing at. would be at our facility that we have right now. And then this um you can see if we pelletize it, it puts it into heavier denser that allows it to be put out as a fertilizer or as a a land implement. And um one question might be why did we choose this area? is because that's close to the landfill and because we had interest to take our product and use it as a land implement for them. So those are what we had. You can give them these if they want and then follow up with this if they are concerned about

those are all class. We're not touching them. Yeah. So so that on there is a class A bioolid. This is not this is unclassified. These are class A bio.

That's correct. So typically in the past what we have done um in the wastewater business is combined this bioolids with some green mulch or tree clippings or and mix those together and those would compost over a period of time meeting certain requirements and then uh meeting temperature and time and then you end up with a a compost that's class A that you can apply to um your land that you like to do for flower gardens or um some people put it on their vegetable gardens and there that is unrestricted by the EPA. So one concern that's been brought up is the POS are for the forever chemicals. Um we test our product there are no known manufacturers in our area. So the POS that's coming from um the waste treatment in our process is it comes from people buying it and bringing it into their homes and washing their clothes that has POS on it or their uh nonstick uh pans that they cook in in the morning and then that's what comes to us and then but we've tested this material in our bioolids and it's low in uh in the POS chemicals. Um, there's no Utah code right now that says what that criteria is. We are hoping to recommend and and look in whatever is happening throughout the United States and seeing what other people are doing. Some have gone to the extremes of absolutely none um like the state of Maine and then they have pushed all their bio salads is not good enough to put in their land in their state. So they are shipping it out and everybody else is that initially was accepting it and said no take care of

your own crap and so now we're seeing what they have to do. So this is still within Utah County and uh I do not envy the planners as they have to plan their how do we uh treat for the people of Utah County and we treat for about half of the people of Utah County and uh again we put it or chose property that's close to the landfill and uh at the end of the day if we are not successful in selling it as a land implement the landfill can use this as appropriate cover on their landfill. So, it uh um anyway, that's uh what I have to say currently. We did put together a nice presentation and Wade, my engineer from Aqua Engineering, can step through that real quick, but uh I just went off the top of my head and hopefully that was helpful for you. Um and that's all I have right now. Thank you.

I have a couple questions. Oh, sure, please. Yeah. So what we have three three jars. It seems like they get more they get like more finer. Yes. So can you can you explain that? Like it seems like those are the Cheetos. Those are the Cheetos. And that'll come off the dryer. So when this comes out of here, this is about 85% water.

And then what we're going to do is remove the water. Well, first of all, we'll reduce the additional um organisms. We can heat them up and they'll break this down by about half. So we'll reduce that by half and then uh we'll take it and dry it and remove the remaining water and then that's what makes the Cheetos. And then the Cheetos they are not um real easy to spread and so we can break those down into smaller pieces and then or condense them and make them denser so that they could be spread out as if you're walking around in your yard and spreading out fertilizer. And uh everybody's used to putting it in to to cast out a certain distance. And that's what those other products are are different densities. One of those products is a uh product that's sold in one of the big uh box stores. I don't know how you explain that, but or the garden. And then so it's sold as as a fertilizer in the store as a market product. So, those um those are what the different products are. There are different densities, different ways to create it.

So, you're okay with me taking this and spreading it all on my lawn? Yeah, that's exactly right. Not this. Not this. No, you could do that, but you just have to break it up more, maybe step on it with your foot just so that you break it up into smaller pieces. It doesn't cast well in the Cheeto style. But when you store this, which one are you storing? What we What are you stoing? Right now we would store the Cheeto size and uh are you putting them in plastic bags and then you

No, we are actually going to build a building and put it as we has been requested by um our pre uh previous interactions with the public and their concerns. So we are going to put this on a concrete pad so it doesn't permeate into the ground. Even though that's what the product's going to be used for when it gets to where it's at. That's okay. that's what you want. So, we'll put that in. Um, and if and then uh we will put it in a building so that uh there's no wind blowing it around and causing a nuisance to the neighbors or um other people in the area. And uh then then we will we can distribute that for sale uh they're at the location or bulk uh sell it to other people and then they can come in and grab their quantity and sell that. Um

so you're going to have like a pile and then maybe a bulldozer comes in and that's correct. Okay. Just trying to picture.

So that's the current uh the Cheetos is what we currently have been approved by the board. Uh we have not found a uh um mount a mechanical device that uh will suit our needs to get the size of the pellets that you see there that are small. They're more the ones that we're seeing are coming out more as a rabbit food. They're a little more of a cylindrical, a little bit larger, and that's not what people are wanting. So, but when we figure out what kind of pelletizer we will put in place, that will be at our current site, not at this site here. This is as re as been mentioned is a storage and cell site, not a pro a manufacturing process site.

Do do you have like a percentage breakdown or what actual like nutrients are in here? Like we do and uh he can show you that in the presentation has that. Who's is that Greg? Are you controlling the hardware? Sorry, not controlling it. Anybody better?

So, here's our subject property just like Greg mentioned earlier. Um, this is arrows. Kind of shows a few things, comments that came up previously. I put a two-m radius around this parcel just to give a fair understanding. You see the Bay View line landfill there. You can see three main arrows I want to pull your attention to. Two are those uh residences that are just north of the property. And the third is a school bus stop location. My current understanding is that's actually on Redwood Road uh not on North Chimney or Chimney Rock Road Pass. Um but just that was a comment made that there is a school bus stop which there is right there in that same intersection. I want that to be aware. Uh going to the next here's an aspect that I find pretty neat. Uh in current projections, there'll be about 54 truck loads of this product left leaving the temponogus, going to landfills. By the time the drivers are in place, that truck load is reduced to eight truckloads a week instead of 54. So it' be actually a reduction of it's 44 semi trucks that would be on the roads. That would be a a drastic reduction to those semis that are currently on SR the Redwood Road. And here's what you're just asked for, commissioner. There the NPK or the fertilizer um results on that. We've been sampling for over a year and a half. It's about six parts of nitrogen, four parts of phosphorus, and less than one of potassium. And so a 640 uh 640.25. Uh that's the minimum guaranteed analysis that this product would have. Uh this goes in that parcel a little bit layout. Uh initial phase once again would be putting in an imperous storage pad. That pad would slope to an impervious storage water runoff basin. So in case there is anything on the surface, all of that water would be

contained on site not making it to the ground. Uh there would be need for an office space and a maintenance shop for uh the the front end loaders and various equipment that's there. likely there would be an implement use for a truck scale as well so that we can monitor how much products coming in and out. Uh previous comment on this was that uh 48 acres we're only going to utilize five up front. Uh and the intent would be that that space is there if the production does increase. If there's a demand that the site could be increased to dispose and distribute not dispose store and distribute accordingly. Uh but with this we've met with fire marshals uh providing full security perimeter fa uh fencing as well as 30-foot fire separation on those boundaries. Once again trying to protect uh the surroundings around uh and then there are talks about that county road being enhanced being paved for a section of that. And so, uh, the trucks that would access this property, a being reduced from 40 from 54, I think is what I had on there, down to eight, uh, but they would be turning onto that rock Canyon Pass, uh, to access the property. And so there'd be need for a more defined and safer intersection there between uh, what I would know as Redwood to uh, Rock Canyon. And then with this uh, there will be need for some water rights. And so the district is working with attorneys to be able to uh transfer some of their rights to that parcel. That way there'd be access for water for not just facility but also for emergency fire scenarios. Um but that was kind of I hope that answered some of your questions there.

I'm happy to field any additional questions that you may have. you want to take over the um questions for the applicant?

I guess I guess I I guess I don't have a maybe a comment or question. It seems like with the growth the anticipated growth of Utah County, it seems like probably are going to need a a bigger building at some point. So, how how would that work out in terms of are you just going to you'd have two buildings or you are you going to build in such a way that you can expand on that building? Uh, it could go either way. I'd see it as being a separate facility though on the same parcel. So, you'd have to extend the impervious pads. Likely would be another water retention basin just to try to get this drainage correct on that and then a separate building or structure to protect those bioolids and keep it safe from the wind and the elements.

Good questions. Great questions. Tell me how that uh building is going to work. How do you load and unload the trucks and how do you maintain, you know, the odors and all that stuff?

We haven't gone through the design aspect of that and so a lot of that is still to be determined. Um, but I don't have an answer or response for that at this time. Um there was a public comment uh received um opposing this. Uh do you guys want to speak to that? Any any thoughts on that? So in my comments that mostly what I tried to address um I don't have them all memorized but the first one that comes that to my mind was anything where a waste treatment plant is then the groundwater is ruined and causes problems for everything around and I would uh say that that's the whole intent to have wastewater facilities is so that they can clean the water that's the waist stream that's been happening. Um, and we're not putting a plant in. We're putting in a dry bile solids storage and and uh selling location. Um, if we were to put in a plant, this location would not be the first ideal place to put it. It's upper high on the hill. Um, if you were to develop uh um properties uh for people to live in and have sewage that needed to be treated, uh pumping everything to the top of the hill is not ideal. People usually like to or engineers like to design that so the water flows downhill. Um, as once was told to me, um, by property owners in the area, they want to right now land is being sold by the acre. Um, and then in the future it'll be sold by the foot. And, uh, so until that happens, uh, that's like a a ways

out. And I don't know what that plan looks like, but uh you will need waste treatment if you expect people to live in the area. They're going to have to have a facility that treats the water clean enough for to be received by Utah Lake. Um the next item, and I again I didn't uh put all those in order. Uh one of those was um the POS, and I addressed that already. Um it's those um parameters are uh being established throughout the nation. There's not one currently established here in Utah. Um and our district does not have any manufacturers of POS. So everything that's coming to us is purchased by the people and brought in in the area by the people. And uh it's it's what we receive and it is dried and has a affinity to attach to the bioolids. That doesn't mean some doesn't go through the water, but it has an affinity to grab towards the solids, repel against the water. That's why it repels well. Um and we've tested this and it's uh in very low quantity. Um, and I would perceive as Utah established these POS uh levels that this will be at the lowest levels that will be established and that's still yet to be determined. Um, uh, one thought was uh, the uh, property values have uh, will be reduced and dropped. Um, and my comments to that is that's why we purchased the property close to the landfill and we tried to uh and spoke with the property owner directly south of us trying to swap the property so

that we would be directly next to the land owner I mean to the landfill and he didn't seem to be concerned and wanted to keep his property there and keep us on the other side and he knew exactly what we were going to. So, uh, um, I will not I I am not a real estate agent to say how much property is and isn't. And, uh, so I'm just saying why we purchased in the area. Um, and then that's that's what I remember off the top of my head. If they have other concerns, I can probably put that in writing or have some other comments. But I think we addressed the major ones that I think would be concerning to um if I lived next door. Oh. Um the one was the that it would permeate into the ground and uh we that's what we're putting in is a concrete basin and we're retaining all the water on site and uh dealing with it and treating it if needs be. Um let me see. Oh, I was just going to one of them was the uh uh no planning for agriculture to uh public facilities and other planning in the general area. And I won't speak to that, but I will speak to that. Um our bioolids do have the same nutrients as cows manure has. And cow manure is uh well known to be uh put on the property to implement the soil for nutrients. Um and uh we carry the same basic uh nutrients and uh biological type process that does breakdown, but we're cleaning it to uh

uh current uh EPA standards to make it so that it's we don't have to track where every pound goes. Well, right now I have to and I have a forever uh manifest of where I've been hauling bioolids that have that are not class A. If they're class A, I don't have to track where they've been going. So, for the last um 10 years, TSSD is uh moved from a composting process to this unclassified which has caused significant odors in the area. And we're capping those at no small cost to the residents who are paying the bill to clean it to um sequester all the odors that are coming from our current process which is not pleasant. And by 2030, we hope to have captured all that. And um designing a facility that's uh I think we've listened to the um current input of put it on a a concrete impermeable pad and cover it. And uh that's what we'll probably do. Instead of covering it with tarps and putting tires over it, we'll put it in a building so we have better control over any potential odors that might come from it and uh potential weather rain that's a little bit more robust so that uh the tarps don't flap around and so forth. So, I think uh I most likely have missed a topic or two, but I think I've covered the the major majority ones. Um, and I would just like to say, you know, we are land owners and have uh a right to go through this process and and tell you and I think we've been very forward at saying what we're doing and why we're

doing it so that you're aware of it and we appreciate your questions and and we want to make the changes uh because I see it as helping the the population in Utah County may not be directly well it might help the the food process because uh this our product has a lot of carbon in it and carbon can help uh this the plant growth as well. So not just the nutrients that were listed there but we have all the other metals on there showing low metals content in there as well. And um I'm just glad that I work for an area that has um people that have clean waste. And uh and we're just lucky that way because most wastewater treatment plants have some waste stream that comes from there that's difficult to get rid of. Where ours is generally pretty clean as a waist stream. Did that answer your question? Probably took way too long to rattle off

thorough thoroughly. Okay. Thank you. You just I just I get more and more questions the more you talk. So Oh, go ahead. Ask me another one. No, that that's an interesting what you just said about you're you're glad you feel blessed that it's kind of a funny way of saying it, but we have a good waist stream. Yeah, that's interesting. But is it just because people are putting things in there like objects?

No. Uh For example, if you lived in Georgia, they have a manufacturing facility that manufactures carpet. And then people don't want to have to have stains on their carpet. And so they've uh they um treat the carpet fibers with the POS chemicals so that they um are good for people and they like them in their houses. Well, um that manufacturer has a waist stream of POS that when they put it on there and wash it on the carpet, for example, it ends up at the wastewater treatment plant. And so that wastewater treatment plant has not little bit amounts of POS like our facility has because it's coming from when you have a non-stick pan or you wash your clothes or um that's we literally buy it and bring it into our in our area and we use it. It's very small quantity, but if you have a manufacturer that's producing it and making it and putting on there, their waist stream is super high. So, we're talking uh uh parts per million is uh and then we're doing parts per million of the million. So, if you take one second is one part per million and then you go to parts per million, parts per million, that's parts per trillion. That's like the United States debt. And so instead of being one second, it converts to one second being one. One part per million being 11 days. That's how many seconds are in a day. I mean seconds that are in one million of them is 11 days. And then you go to parts per trillion, it's like 32,000 years. So we're talking the very smallest smallest amount. and you're in Georgia, you may be in the parts per

million where at our plant we're looking at parts per trillion at 25 parts per trillion which is super small is what we're seeing in this bio solid. So it's very small amount is what I'm trying to get at. You have any more questions?

I do actually. So that that is the the more unrefined that's the raw kind of not not I mean what stage is it in the raw sewage aspect. It's the biology that's eaten the poopy water and made the water clean and then they propagate and then I have to get rid of them because they just keep growing and growing and growing and then if they grow too much then I end up with a waist stream of too much nitrates in the system and then too much ammonia because then it it there's too many biology stuck in the same location. So this I have to waste a certain amount every day to keep the um treat well the new people coming the new waste coming in. It's just the way that we I'm trying to simplify the waste treatment process but we have to get rid of a certain amount of these workers fire them every day and that that's what this bioolids part is. So it it is part of the treatment process. It's not the same poop that you sent me. It's been processed and treated to some some extent from the biology process. The biology has been chewing it down.

And this is the this is the product of this is half. You said it's reduced by half. So this

So we're going to do this through the anorobic digesttor which will reduce this by half. We'll capture all the odors, scrub those, and then we'll use the methane that's remaining in this, and then we're going to inject that back into the system. So it's a sustainable uh natural gas uh use for the public. And then they can use that just like you would use regular natural gas. That's correct. And then we'll take this and dry it and reduce this that's reduced by half. We'll reduce this by another 90%. And then that's why Wade when he was talking about the number of trucks on the red are reduced from 54 down to eight. And that's part of the reason why for all those

you should come visit the plant. I can give you a tour. Anybody is welcome to come. Be great.

And I usually do those personally uh because I think it's important that u people that want to do it. I've done small families uh school groups and uh senators and house representatives in the state of Utah. So anybody that wants to come, just call the front office and they will coordinate a time to visit. We're going under major construction right now where you're going to end up spending 1.4 4 billion dollars to upgrade to be able to handle all the growth and upgrade the level of service so that we can provide a better product that's going out the door that can be used for other purposes. So that's what we're doing.

So you're already producing this correct in your current facilities uh in the north Utah County area. That is correct. And we currently send that to the landfill because we can't do land application because as mentioned it has too many um fecal um salmonila other bacteria. What's that? Pathogens generally instead of me naming them by name. So that's you're sending it to the landfill down there in southern We send it to three landfills. Three different landfills.

That's right. And one of them is Bay View. Yes. So, so anyway, you you're already producing these things. You're already taking it to the landfill. This is a way to actually use that material in a way that potentially could provide fertilizer. That's correct. And it takes a significant amount of energy to make it to that product that you're seeing. It's it doesn't just happen by itself anymore because we did the easy part already. Yeah, I would imagine it would take a lot of energy considering you have to kill all those little critters, all those little pathogens. So I can imagine that yes process is painstaking. That's correct. So rates have gone up if you can imagine. So

sure. Any other questions for me? Well, thank you again. Thank you. Um, I guess now it's time to discuss as a commission

probably want to invite anyone that would like to um since this is a public hearing, you may want to invite the public to provide their

Okay. Um, are there individuals from the public that would like to comment on the proposed amendment? Seeing none. Um okay. Uh commission any any discussion. If there's no discussion, um I'll invite a motion. Yes, I can make a motion to approve Utah County Planning Commission recommend approval of the proposed amendment the official Utah County zone map. Am I the right one? Mhm.

And Utah County general plan for parcels 61 0008 0005 and 61 0005009 currently designated as residential agricultural zone and mining and grazing zone to be designated as public facilities zone based on the findings specified in this staff report under subsection 4. Okay. Second been moved and seconded. Um all in favor I I Any opposed?

Okay. Um so we will move on to the next item of the agenda. Um and that is um proposed Utah County land ordinance amendments to sections 12 and so forth and any other applicable section to add impound vehicle impound yards as permitted as a permitted use in the industrial zone and to eliminate the minimum area requirement of one acre for yards of for the outdoor storage of licensed vehicles, heavy equipment, portable structures, contracting equipment, lumber or other or earth materials in the industrial zone. Um applicant Jamie Evans. Um do we have a staff report?

Mr. Robinson will present that.

This application is coming before you as a uh a resident request um to amend the Utah Valley land use ordinance. Um there are two separate requests included in this application. The first is um to eliminate um the 1acre minimum that is currently specified for certain specific uses um in the industrial zone. Um the application wasn't precisely clear on whether that applied to all uses in the industrial zone or if it was specific to um a a specific use in in the industrial zone. Um there the applicant had applied for other um there were inquiries about a use specific use of outdoor storage. Um so that's pro probably why we anticipated that it might be directed specifically at outdoor storage but the applicant is here and he can probably speak to that request specifically. Um the second part of the amendment uh the request um for the tax amendment is to include a use um of impound yards for um as a permitted use in the industrial zone. Currently we allow for automobile wrecking and salvage yards. um impound yards are just a little bit different and so the applicant is asked that um that use be included. Um to give you a little bit of background um though specifically about um the the acreage request the in 2012 the there was a uh in response to

complaints for associated with industrial uses in ORM um the specific area was Gold Key um if you're familiar with that um there were some um complaints about different impacts that were being felt by adjacent property owners because of some of the uses industrial uses on those properties. And so at that time um the commission planning commission and county commission approved um certain specific uses to have a minimum acreage of five acres. Later in that same year, that five acres was reduced to one acre and that's how and at that same time salvage yards were removed from that requirement to have one acre. Um so those and and since that time um all those uses and acreage requirement has been in place um since that time. Um the just to also give a little bit background in the staff report there was a couple of tables. One of the tables um included kind of the area that we currently have in the industrial zone which isn't a lot of acreage in in comparison to what um is currently in the uh unincorporated areas of Utah County. that's intended um because many of those uses are highintensity uses that um require additional services or um have additional impacts that generally are not um anticipated in unincorporated areas of Utah County due to kind of the land use policies we have implemented. Um you can see that since the last time that the land use ordinance was amended in in 2012

um I included acreage that um has been annexed and of the roughly about a little over um a thousand acres that were um originally part there in 2013. um over 400 acres has have been incorporated. All of those all these areas of industrial zoning are islands in in the county as well. There's one in Provo that isn't technically an island, but it is surrounded either by the city or it is um or federal property as well. So, um, essentially all of these, um, industrial zoning areas are anticipated to be annexed into different jurisdictions and that that kind of is affects kind of the the second table that I included, which kind of uh indicates the future zoning designations for each of those areas. um in in unincorporated Utah County, the two areas that the um the applicant kind of is interested in developing currently um is the Lehigh State Street area number two and the Spanish Fork area which is number seven. And both of those areas have commercial uses or mixed use um future uses for those areas. Um currently in the Lehi area, those are um there is a manufacturing business um but there's not a lot of area um only a couple acres and the other um areas or some of the other parcels include dwellings that are on that associated with that par property as well. Um the Spanish Fork area is is mostly vacant.

Um currently uh the sta staff is um in support of making the change for the v the vehicle impound yard. Um subject to kind of some additional um inclusions that are indicated in this in kind of the staff version of those red lines. um there weren't any definitions included um and um there were some clarifications. And then also in chapter 8 in it includes some of our um specific requirements for salad yards and and wrecking yards. And so um in the permitted use for salvage and wrecking yard, it references this section. And so, um, staff is recommending that vehicle impound yards get included in in these same requirements since they're similar uses. Um, and finally, um, the in the industrial zone there, um, the area requirements we are we are not in support of removing. Um, we are uh would are recommending that those be maintained and that automobile automobile wrecking yards, salvage yards, and vehicle impound yards. um be incorporated back into those area requirements. It was not clear why those were removed originally. Um there is only one uh salvage yard wrecking yard currently in an industrial zone in unincorporated Utah County and that's in the area kind of in the in the uh Provo um Utah County public works area. And these are intensive uses that we would um kind of has an impact on adjacent properties and we feel like those area requirements are necessary to continue to uh lessen the impact on

adjacent property owners. Also to kind of um anticipate the future annexation of those areas um by including more intensive industrial uses. it um sometimes will make it difficult for some of those uses to annex into the the um adjacent municipalities which that is kind of the general plan um intent to have all those uses where they can be supported by um utilities and other infrastructure ne necessities in those municipalities where where they're going to ultimately um be located. Um hopefully that kind of covers most of those. If you have any questions, I am happy to answer those. The applicant is here today. They and so if you have any questions for them, I'm sure they can answer those.

Question. Um I don't I I can't quite understand the difference between an automobile salvage yard and a and a or just a salvage yard and an automobile wrecking yard. you list that go through that list and they look almost identical. So there's got to be a difference and there's got to be a purpose for that. So maybe you could help me understand that.

Sure. So um a salvage yard is anticipated to be a place where not just vehicles but other materials can be um located so that they can either sell them um break those up and and um or um basically salvage pieces. um off of of uh mainly uh so there well I can probably I should probably point to the definition of the is the main difference that automobile wrecking yard is specifically for automobiles and salvage yard is kind of for everything else

that is one of the difference the other difference is an impound yard isn't for salvage it is only to impound vehicles for a short period of time um there also if if an impound yard wants to um be used by the state. There are specific state code requirements for those as well. So there the main difference is a salvage yard is for like you said other materials but for salvaging those pieces and that they would potentially remain on the property where a vehicle impound yard is a temporary thing that less than 30 day they should be gone in less than 30 days um and they're not being salvaged. Hopefully that made things less clear.

Greg, it mentions in here permitted. Do they every year do they have to have a license or how do they how do you regulate that?

So there there would be a requirement for a business license. However, they um would not as a permitted use, they would only um they have to meet those requirements as necessary in the land use ordinance. If those were not met, then they would be in violation of land use ordinance and we would um have to use enforcement policies to kind of make sure that they maintained um compliance with the land use ordinance. So it as far as meeting those requirements initially um to to get a business license um that is something that they would go through that process of of um obtaining a business license. But they would just for um at any point in their operation they would have to meet whatever requirements the ordinance had in place. And this is only in an industrial area,

correct? This is only this only applies to the industrial area which um as you see from our table, we don't have a lot and um it's relatively limited areas that these would be allowed. Thank you. Any other questions for staff?

Seeing none, I will invite the applicant to speak. How are you doing? My name is Jamie Evans. Uh you some of you may know my gravel pit and some of the areas that I own. Uh just one second. Let me get this organized. So I have I'll tell you the last one was really good. That they were really good. I've never followed such a crappy uh good presentation. But anyway, that was just a little funny. Anyway, Utah County and can you scroll that down so we can see the uh then I won't have to look at my list as well in part of it you have he has they have the lists. Do you guys have the list of uh what the county put together? Because it's really good. Oh,

the tables. Do you have these tables? Tables right here. Oh, you do have the tables. Okay. So, you've got the tables.

It's really interesting. This county is made up of 1.3 million acres. 1.37 according to Google is how many acres is in this county. And the county put this together, which I really appreciate, is 675 is in the I1 zone. Is all that's that's in the I1 zone. Out of that, out of that, I'm the third largest property holder in the I1 zone. Uh, Pacific States is number one, and I'm number three. Uh, Keith Williams are the other pieces number three. Uh, I got to put my glasses on. I'm getting old. We're all going to have to There are eight areas and I'd like to go through each area and talk about each one of them that this is that this will affect. Now, the wrecking yard thing, we can address it first. We can have wrecking yards, but we can't store cars, which seemed very unusual to me when I started going through that. and they said, "No, you can have a wrecking yard and you can tear the cars apart and tear them up and do whatever, but we can't store them there for 30 days and have an impound yard." So, that's what I'm here. One is to get that changed in the whole county of the Iwan or the 600 acres that uh you can have an impound yard as well as a wrecking yard. We thought that was we think that's pretty no-brainer. Uh the other one is the one acre site. the 1acre site becomes problematic about some of the things that's happened in the county legally to develop smaller parcels of land than one acre and I'd like to address each one of them according to the uh parcels that we have here or the eight places.

Now I think maybe you probably all understand you can't subdivide property only one time. So, you can't go make smaller parcels unless you put it into a subdivision. And it's not the easiest thing to put it the property into a county subdivision to to do any of that. I hope I'm making sense there. So, if you go to the number one, it's the Lehi, it's the old factory up there. And there's four parcels and two property owners. None of them will there's no impact on any of those for a one acre site. You come to number two which is Lehi State Street and uh there are eight parcel owners there and 2.2 acres and I own four of them and I own 34% of that property. This is where the problem comes in. I I have 75 acres and I have people that want to do some of the industrial stuff there. uh somebody wants to really bring sod in from from out south and they want to bring their sod in and store their sod and then resell it not from that location but they want to be able to deliver it. So they're trying to bring it in on double double trains and unload them there and then sell it out and they may want to sell a little bit of gravel like a landscape yard. That's and we have less than one acre there, but we own 34% of the whole thing. And we can't do anything to gain the other four four parcels to get it up above one acre. We think the one acre is a burden when the county has issued some other things. And we'll talk about Gold Key because I own a big piece of that too. But I want to talk about the neighbors that I have in the I1 zone of number two. Lehigh State

Street is is bordered by I-15, Highway 89, and a vacant field owned by IHC. So those are our neighbors is the vacant field. most of the I1 zone when you look through it really closely and study it like I do. You have to I play I play uh I play Monopoly in real life and I own most of the purples and so that's how I that's how I that's how I think about it anyway. So the American Fork Piner Crossing that's a no-brainer. It's all owned by UD do they get to do whatever they want and we don't have much say anyway. the orange gold key. This does affect this one acre does affect gold key. There are 38 parcels which I own. Let me say I own 12 of those parcels and 25% of that acreage there and that was approved by the county in 1976 to be a subdivision. and it was approved in there and they have small lots and according to the county ordinance we can't even park a tractor there and I'm saying no I I may want to park my grater there or somebody may want to park something there at Gold Key Goldy's neighborhood uh and we can pull it up on the county website but Gold Key is fronted by about 100 ft of 2000 South it's a long narrow strip that to the west is I-15 to no I'm sorry to the east is I-15 to the west is a Union Pacific Railroad and to to the north is a retention pond owned by U DOT so that's our neighbors so having a a use of the I1 and a one

acre smaller than a one acre that's been approved in 1976 is burdensome to the property. Uh we can then come down to number five. If you're reading number five, that's Proville. That's uh Provo McDuck, Wayne McDuckell, and what I call Riley Tar, which is 35 acres of the 360. So, and that is fronted by railroad to the north, uh, Cooney Road. We used to be Coonis, Cooney Road to the west, and the railroad to the south, and then, uh, it it's railroad most of the way around that one. I think you guys all know where that is. Then we can come to the public works. The public works is where my gravel pit is, and I've been there for about 30 years. And uh I own 17% of the I1's on there are in that portal portion and I have the first right of refusal to purchase the county. So when the county gets ready to sell, I have the first right to buy that, but I haven't got a buy yet. I I'm hoping they get that done pretty quick. And then I'm bordered the north. I am bordered by the residential. Now, when Purville City got ready to turn that into residential, everyone on their deed gets to sign on their deed. It's an incumbrance on their deed that they are moving in next to wrecking yards and gravel pits. So, that was something that I wanted to make sure. And uh half of they've only annexed half of the road going up there. The other half is in the county. But you move into that area and when you sign your documents to buy your house, you're identif identifying that you're moving next to those kind of activities.

And uh and we'll come back to the warming center there at the end, but that's where the warming center is. I think you guys probably all know where that's at. Uh and then you come down to uh Spanish Fork. There's 81 acres in Spanish Fork and the road to access that is Williams Lane and there's going to become a problem here in the near future with I own.15% of that or I own an acre and a half of that and there's going to become a problem that's going to be generated when UTA and UTA builds the rail through there and UD do comes and puts that crossing in and that road has to be changed. coming under the freeway. I don't know if everybody knows where we're talking, but you're coming under the freeway there on Williams Lane, which is dedicated road that the county gave us when the I-15 was built. But it cannot make that lefthand turn. It's going to have to come straight through and take my billboard out because it won't meet the criteria of the road when it has to be built. So when UTA puts that through, they're going to have to straighten the road out and that's going to make that parcel less than a less than one point. It's 1.2 acres now and that's going to make it less than an acre. So there's going to have if I if this code's into place that's going to affect the value of what I can do with the property being less than one acre there. The last one, the last one is the is out in PAC by what what they call the IFA and where the the batch plant is and across the railroad. Most of that is fronted by the railroad and I don't know that area as well, but it's mostly farm ground that's around the rest of it. and to get any and all of those if if you read the county's thing here. IFA is 85 acres

has 12 parcels and seven property owners. I couldn't find one of those that was less than an acre and those won't be able to be split in the new code. So most parcels are fronted by I-15 and railroads and vacant lands. There are very few neighbors that are impacted. and the neighbors that are impacted in a residential zone knowingly moved there knowing that we have the gravel pit and all of my ground there. I have one parcel or two parcels that we got that's smaller than the than the one acre, but overall it's all pretty good size. Uh the problem I think the impound yard is is a no-brainer that we can get that solved. It's the one acre minimum one acre. We need to have the right in the I1 zone to do what's in what's required in the industrial and smaller than one acre that people have the right to purchase that you guys have approved like Gold King. You guys have approved and now there's these small little lots that doesn't allow that activity and that's not fair as the property owner. The other thing I wanted to point out I wish you could pull up the county. Can you pull up the county parcel map? Okay. The county parcel map. If you go look at the warming center, it's only 0.93 of an acre and the county has a bunch of stuff stored in the in the warming center. And that would be illegal to have it there uh according to the ordinance. And I think the best thing to do is to take out the one acre and make everybody in compliance. And uh that's that's what I believe we should do. You have any questions? So I'm a little confused because the language that I see here seems to be

adding in the not less than one acre. That is staff's proposal. The applicant's proposal is to remove all of that.

Oh, okay. And just to be clear, we're not adding in one acre for all of those uses that aren't in red. They already have that requirement. We're just at maintaining the one acre and also including the automobile wrecking yards, salvage yards to be subject to that. There are other uses in the I1 zone that do not require an storage units, government facilities, other types of uses in there. So, this is just the uses that do require. As you can see, they are a little more intense in their in their nature. Do you have any question of anything in the I1 zone? I have a pretty good That's what I buy up. I buy up the purples. Is there is there a reason that you uh don't combine some of those lots or is there a you know and why don't you annex into the city? Is that a different whole different deal than the county?

I don't want to annex into the city like the gravel pit. Matter of fact, it it's it'll it's going to be there till I'm dead and gone and then some. We won't annex to a city. I don't want to go argue with the cities and I like being in the county. That's why I bought the property is to stay in the county. And I have control of three of those annexations. I don't think they can get annexed unless I say yes.

And I haven't the one in Lehi may get annexed. That one may get annexed into the city. There's a billboard on that and then I get the right to move that billboard a mile up to four miles at least a mile but up to four miles in any direction. So I may annex that in because of the billboard. But the use will be there whatever uses we have will be there but why do I want to go to the city? I don't need their services and I don't want their services. I'm going to build a building and I'll annex it. But if you if you if you want something less than an acre, help me help me understand that. It seems to me uh I know it's industrial.

Mhm. But then you've got all these little lots that you're going to have all this stuff on. The little lots like the one in Lehi is that one we're talking about have four lots. I'm just talking in general. I'm sorry. I'm not familiar with those places.

Well, the Lehi one I own seven. I own 75. If I put them all together, I still only owns 0.75 and I can't do a lot of the industrial stuff that's permitted in the I1 zone because I only own se of an acre. The gold key I own pieces of it, but there's I think the the data there that the county produced is is there 38 lots? There's 38 parcel owners. So, the gold key was done and there's 38 parcel owners and I own I think I I have the number here. I own uh 11 of those or 12 of those. The gold key I can't remember. I own 12 of them, but but there's 38 of them that some people other people own and they're they're using them like that anyway. They're just not permitted. But when I come to try to be legal and get a permit, then you know, here we are. And so the one in Lehi is the one that we want to use the industrial on. But it should be changed for the whole thing. And I don't want to have this drag dragout fight with U DOT and UTA when they come to take my property and I say, "Well, you just took my property and now you just took away half of the rights that I had from the county because it went from 1.2 2 acre to down to an acre. And now you got to pay me for those rights. And if any of you ever went to intimate domain with UD do you can you can understand what that takes because

been there been there done that. They win every time that you have a you know you've got a pretty good leverage. They will pay you for a loss of zoning. You have to have you have a right and you have to had that right in place before when you do takes it. To be clear, if there was an existing right and it was reduced by a taking or right of way, um that right is continued and grandfathered in. So that is not something that would be taken away from them in the future.

No, it just to be taken the rights that the rights I have there are the rights I have there. But if somebody wanted to come along and they took it, they took 0.2 of an acre, which they're going to take a little more, then then whatever the uses are listed, whatever uses are listed, if it was under an acre, I wouldn't be able to to utilize any of those uses. I always have the right when they're when I have the use, then I always have that right. But you're correct. So, you currently own all these properties and you currently are using them for these uses.

No, I use the gravel pit for the gravel pit and there's and we own that. Uh we're not doing anything on the Lehi one, but the gold key one, uh we don't really have any of these uses, but we may want to use them on these uses in the Gold Key subdivision. wanting to do these uses on these properties that

we just want to have we just want to have the right to do it. If if somebody comes along and wants to rent one of our pieces of property, maybe it's 3/4 of what the one we're working on right now is 3/4 of an acre and we want to have the right to be able to rent them that activity that's allowed in the I1 zone. And if it's an impound yard, an impound yard is a great is a great a great one. You don't need an acre for an impound yard. You need about a half an acre for an impound yard. Well, and I may be wrong on this. You may have to correct me. Would the impound yard need one acre the way this is proposed? It would. Yes.

Oh, so an impound yard would need an acre. And most impound yards don't need an acre of ground. I mean, you think of your house and think how big that impound yard would be. Most of I mean, I have a big yard and it's 75 and uh an impound yard doesn't need an acre of ground. They need about a half an acre to do an impound yard and they wouldn't be allowed to do it under the acre proposal. So, uh, can I hear from the county as far as um what what uh the reasoning for having the 1acre um requirement on vehicle impound yards is.

I'll let Greg speak to it in a little more depth, but in general, again, these are uses that are a little more intense in nature. there are uses that perhaps would need a um some type of occupied structure for an office or security whatever and then you get into needing uh drain fields and septic tanks and we working with the health department generally you know they've identified certain areas that are required for that purpose. There's also the underlying um land use policy that the county prefers, you know, through the general plan that these areas be annexed eventually. The state has identified a need to identify um islands. There's been legislation recently to address that issue. And so you introduce these these uses on these smaller uh parcels that you know make it maybe less desirable for for annexation for the the adjacent city. And so that's that's a policy that needs to be respected also. So it's kind of a combination of those those factors.

Yeah, I think Bryce covered most of it. Um just as you look at the list of things that there like Bryce said before there are number of uses in the industrial zone that are still allowed without having the minimum one acre. These uses as you look at them most of these uses are intensive uses. Um having a batch plant on a property is not something you want to have on a half an acre. Um and I I can respect um Mr. Evans's ability in as a businessman, but I have I I have a house on a half an acre and if there was an impound yard on that, I don't know how I don't think that they would get very many cars on it. But yes, you could potentially do an inbound yard on a half acre, but you're not going to have a a really successful business with the limited area that you have. Plus, if you do that in those areas, there are also the impacts you have on adjacent properties. And most as we indicated in the staff report, most of these areas are adjacent to other municipalities. These are not the only uses in the industrial zone, but they are some of the most intensive uses that we feel have a need to have more at least an acre of land. An acre is not a large amount of property for some of these uses either. So that's that's kind of the reasoning behind why the county had developed this. and it's been in place for more than more than a decade and and those uses are uses that we still feel are important to maintain some separation. C

can I ask a question on that? They they were put in in 2012 it so before that before that it went it somehow it went from zero to five acres and then to one acre within a short period of time there. Is that is that what I understand? So it used to be so when I bought the property cuz I own these properties 20 years or more. So when I bought them So when I bought the property it was zero and then it went to one five and then to one. Is that correct? So is there any grandfathering that happens unless you had an existing

I didn't think so. Any other questions that I can answer? Yep. I've got a question for staff. Um, so I don't know if you guys were around in 2012. Anybody you remember this happening? So do do you see what what are the impacts? Did you notice any impacts when it went from 5 acres to one acre like anything that would affect adjacent communities or was there any notable? Um, there wasn't a lot of information in the minutes um as to the reason why there was a change from five acres to 1 acre. Um,

no, no, the question I'm asking is like since it's gone from five ac since it's gone to one acre from five acres in that period, has there been any issues that have rose up because because it's been reduced? Um, I would have to do a lot more research on on what what impacts that like are you talking about um complaints or other types of things like that? Yeah, just just unforeseeable issues that you didn't foresee going from five to one acre.

Um, as far as the use of property, as as Mr. Evans has explained, there there obviously is an impact on property owners that had less than an acre and the majority of those properties are in Gold Key and that's where those complaints came from. And that's um and and yes, there there are a number of small lots that have not a lot of room, but um the reason that those were implemented was because of those complaints and those uses that were on those properties near and around Gold Key.

And I think to piggyback that, I think that was the intent that this happens all the time. you you go through changes and iterations of your ordinance and staff the time felt, you know, maybe five was too much and and they they felt one was appropriate and that's kind of been um the threshold that uh for various reasons that that has been maintained. And can you expand on what you what you were talking about? I think it was Seth, you had a comment about um it seems like with these islands that are next to cities. Um, so does like kind of loosening the size, the lot size, does that create like a future compatibility problems? Like does that make it harder?

I I would think so. Um, these areas all have I believe most of if not all of them lie within a city's annexation policy declaration. Um, and you know, cities have to declare the areas they anticipate annexing. uh generally their their land use policies have designated land uses that they intend to use on those parcels and so um yeah you know you introduce an intensive use that uh may make it less palatable for them to annex then you know that could be problematic so you'd hope the cities would get out in front of that um

so yeah in sp and specifically speaking of the Spanish fort property that's mixed use mixed use means that there is a commercial element and a residential element And those commercial elements are generally not indust anticipated to be industrial uses. So could those property owners use those properties for industrial uses? And of course they could for sure. And Mr. Evans is a good example of the billboard he has on the property is is a use is only allowed in the industrial zone. So

did So impound yards is new. If someone wanted to do an impound yard before, this this zone would not have

Yeah, as Mr. Mr. Evans indicated, he made a request to do an impound yard and and as staff reviewed that, we felt that it wasn't um it didn't fit into an automobile wrecking yard or a salvage yard. And he's correct. it it seemed like it was um something that didn't really make sense in in the land use policies that we would have those two which feel a little more intensive and not have an impound yard. So that's why staff is supporting the change for an impound yard.

So my my understanding is right now the way the code is we can put an impound on smaller less than one acre. Is that correct? No, an impound yard would not be allowed, but you could do an automobile wrecking yard or a salvage yard in less than

Okay, so the a salvage yard, a salvage yard. So if if you go to the acre, you're putting if you go to the acre right now, right now I can do a salvage yard on a half an acre, but in changing this, I wouldn't be able to do the salvage yard on a half an acre. Right now I can't, but if but if the commission if you recommend in the commission so right now they would be taking that away from the I1 zone an a impound yard. I mean not an impound yard or wrecking yard or a salvage yard is is am I speaking correctly?

No. No. Oh close. Um we're not taking it away. You'd just be required to have a minimum of one acre to be able to operate a salvage yard or a wrecking yard. We're at So we're at prior to this change, wrecking yard and salvage yard were were permitted without an acreage requirement.

Correct. My the in in the review that I did for looking at the history of of this ordinance, it it wasn't exactly clear. It looked like it may have been a mistake because originally in the five acre these the automobile wrecking garden and salvage yard was required to be to have that minimum acreage. in the modification when it went to one acre that was removed but where there wasn't any explanation and I'm I this is my opinion only um because there isn't any evidence specifically related to why it was removed but my anticipation is that was a mistake to take that out because there wasn't any evidence that there was an intent to remove that intentionally

and again you know that's kind of the crux of zoning you you look at your ordinance and you review and and you assign best practices and what you feel aligns with your general plan goals and and this is kind of what staff feels would would be appropriate in this situation. Is is is there generally uh a need for more land for wrecking and salvage than impounding? Is there are they similar enough that they're all on you know should be the same requirement?

Um I mean salvage yard I know I mean you go hunt around and you're trying to find a car part and there's you know kind of a junk yard a junk feel to it. An impound yard just means someone, you know, parked illegally and they've got to go find their car and which police department took it there or whatever and pay the fee and get their car back. Right. So, it's not a junkyard. It's it's impounded cars, right?

Correct. Yeah. So, um, Mr. Evans is since the time that I've been here, and I I didn't do any research on other requests that we may have had for impound yards, but Mr. Evans is the first one that I am aware of that we've had a request for an impound yard specifically. Um the as we talked about before automobile wrecking yards and salvage yards we uh in the industrial zone we only have one one lot or one area that has that and I think it's two parcels but um that's that's the part that's in the Provo area um that that's the only uh wrecking yard or salvage yard that we have in the county. Are there incorporated area?

Oh, sorry. Yes, correct. Yeah. Are there needs for those? I'm sure that there will be as as population increases. There always will be. Um but again that's kind of what Bryce was ind indicating before that we anticipate those those impacts and those uses are best um handled by the municipalities where they have those services to kind of handle a lot of those requests and those those um increased needs as you

I mean I think when I think of a wrecking yard or a salvage yard there's cranes there's I don't know there's old rusty stuff everywhere Right. But an impound yard, you know, you've got a tow truck backing onto a property. And you know, the other Sorry, didn't want to let you finish your thought. I guess the other point I would make is, and I don't know how much there are fire marshals been involved, but you know, the county doesn't have generally fire suppression systems and you introduce an impound yard that may have electric vehicles and it's kind of the fire concerns with those. And so, you know, there are some some reasons and some differences that could maybe necessitate a little more area to provide those type of uh buffers and and mitigation. I have not checked with the fire marshall and whatever the fire code is of what we're got to meet. I mean, he's he's the top guy.

What he says is we have is what So, did I understand correctly that currently you could have the salvage or wrecking yard or impound yard as as ordinances are on less than an acre. Correct. Again, that's kind of was unclear on why it was removed, but originally it was in 2012 the correct just to interrupt you. Not an impound yard. Not an impound salvage or wrecking yard.

That's right. So let's say someone wanted to come in with halfacre property wanted to put in a salvage yard or wrecking yard. They would have to go through the full B mini process with the county. Would that require them to have restroom facilities, a public area, waiting area, stuff like that? Which I guess what I'm getting at is if if that's if that use is allowed in a half acre in the current zoning or current county, you know, it conflicts because with a with a county in order to have septic system unless there's facilities utilities provided by a city municipality, the county requires you to have an acre for septic tank, don't they? Or setbacks or

generally? Yeah, they you know they have uh provisions. The health department has provisions for a uh sewage disposal system and a replacement system and and so yes, if if that use introduces occupied structures that have the the need for sewer disposal, sewage disposal, then then yeah, that could be impossible to meet. Yeah. Kind of conflicting with potentially can or yeah, for sure. That's kind of one of the one of the the reasons that contributes to to that requirement, justification for that requirement. Any further questions for the applicant or for staff?

Thank you. Okay. Thank you very much. Um, with this being a public hearing, um, we invite any members of the public who would like to make a comment on this. And just as they're coming up, we do have a sign up sheet that, uh, I'm not going to multitask. We need to have them write their their name and city. We got a pen though. Oh, thank you.

I got um so I'm going to do it after. I'm not going to be able to talk in right at the same time. So, my name is Jackie Larson. Um we are one of the property owners in Spanish Fork boundaries that are zoned I1. Um, Spanish Fork did do there was a lot of discussion about having impound yards and the weird like which one is what to have it as allowed for I believe I3 which is heavy industrial. Um, and then with the property of the Williams that's on the north end of town. I'm trying to understand what the intent is of this with listing off all the cities that include we're allow the I1 zoning with the wrecking yard and the salvage yards. Um, but from what I understand that's general planned as gateway and we actually are working with UTA to get that station moved to that end, not on the west. Um, and I don't know which parcel is yours, but part of it is gateway and some of it is general planned as agriculture where I think they're going to be cutting it off. Um, that being said, I'm not comfortable having that turn into an industrial area there um with this as a permanent use. So, our family, we have gone back and forth with Spanish work city to where they've actually kind of just changed the zoning without us of back and forth between I1 and um C2 I believe so commercial and industrial still using the same is still doing the same thing. So my opinion is I wouldn't approve this but that's just my my input.

Let me let me be clear if I can ask um because I basically I see three potential options for the commission to take here. One is we approve the changes as recommended by staff that include the oneacre minimum. Second is to approve the proposal by the applicant which does not have the oneacre minimum and the other is to deny either change. Um, is that that Yeah. Or or potentially make our own modification. And and again, just like this previous one, this is a recommendation, right?

And and what you're what you would prefer or what you're in favor of is exactly leaving it as is what I Leaving it as is. Um, also I lived up in Lehigh several years ago. Um, and a good friend of mine had was a tow truck driver and I think Burns towing up there is on about three or four acres for their tow yard of their impound yard. So, I'm not are is the intent to put it at 1 acre below one acre. Never mind. Okay, now we're back. Okay.

I think just to be clear, right now salvage yards and automobile wrecking yards are allowed on less than one acre. The staff's proposing that those be on at least one acre and then also introduce a new use a vehicle impound yard which will also be on one acre. Okay, I agree with that. Um, one other thought I just did have with Spanish Fork is they do require conditional use um for the salvage yard might be impounded. One of the two they only have one, not the other and it's for their heavy industrial use. And I don't know is I1 what's the what do you call it? Is it also light industrial? It's we only have one industrial zone. Okay. Spanish for history. Sorry. They have light, medium, and heavy. So,

correct. Okay. All right. So, I I in favor of what staff was suggesting. Okay. Repeat that again. I'm in favor of what staff was suggesting. A minimum weight one acre. I don't think it should be less than one acre. Yeah. Okay. Thank you. Is there um

I If we don't if we leave it the way it is, do do you do you understand that we can put a a wrecking yard there in the zone it is right now? Do you do you understand that's the rights that we have there right now? Just to put a wrecking yard in less than one. No. Yes. Right now less than one acre right now. And we have 1.2. We can put a wrecking yard there right now. So that's the permitted use that we have right now. I I think what she she said she was in favor of making there a minimum so that yeah that's what that's what she had mentioned she supported yeah sure because I'm not quite sure where the older

factory oh you know where this piece of property is

okay is there any other public comment uh on proposal. Okay, seeing no public comment, um let's commission. Um thoughts. Um personally, I definitely would agree on the 1acre minimum for automobile wrecking and salvage. I think those are kind of seems very reasonable and logical on those. Um, I personally don't know. I'm trying to imagine I I have a half an acre. I'm trying to imagine a vehicle impound on a half an acre.

Yeah. So, I I didn't personally I wasn't personally involved with this business, but I have a I have a family member that did do u towing and impounding. They they monitored uh apartment buildings near a university. They tow them. They stay, you know, in their impound yard for a day usually because, you know, they want their car back. Um I think they were they were doing it in definitely, you know, less than half an acre. They were only they could only impound, you know, seven or eight cars per night. And as long as that their lot was full, they were done with with towing. They It's not like unlimited towing. And so, you know, I I I do see that, you know, requiring an acre. I mean, how many cars would that be? It could be like 200 cars. So, we're saying that in order to be in this business, you got to have an acre. So, you you have to be able to tow 200 cars so you can afford to do the business. And so I do see that this is this is you know quite a stipulation on this type of activity. Now wrecking yard and salvage yard uh I mean I don't I I guess you could put the same thought to that but generally those those they put the car there it stays there until there happens to be someone who's looking for this part. So it just tends to be a long-term thing. I don't know about the wrecking yard salvage yard for sure. I know because I've been out there looking for a special part for a car. You know, it's a car that's been there for five years and I finally came along and needed the steering wheel that's sitting in that car, right? But an impound is not it's temporary storage. So, you're not going to have 200 cars there. I mean, what would you be towing from a BYU game or something like this? I mean, trying to figure out, you know, how the So, an impound yard, it might be too

much of a stipulation that you got to have one acre because just imagine how many cars can you tow in a night or a week or or a month and that's how long they're going to be sitting there. So, this is quite a requirement for them to have this usage. Does the impound, do they have an office? Do they have a restroom? Do they have any all of that stuff? Is it in the city? you know, if it's if it's in Provo or, you know, something like that, I can at least the way the way my uh family member ran it is, you know, they would pay online and then they would tow the car back to the location and and deliver it back to them. So, they didn't have an office on the property where they conducted business.

So,

and no restrooms and nothing else either. The the only example I could find in my memory of an impound yard is located within Oram city. It's off from Center Street. Their fenced in areas is a.24 acres. Based on this picture, the latest county picture, they're showing 14 cars in there. In that 0.24 acres, there is a cell phone fenced off cell phone tower lot that takes up 02 acres of that. So, you can get quite a few cars, I guess, on on less than a half acre. Um, but again, I don't know how that property is regulated by ORM. Uh, I don't think they have an office building, anything there. Um, so that's just kind of an idea or an example of of an impound yard that I'm aware of.

So, Seth, I'm I'm a little bit with you. I I see it on the wrecking yard, the salvage yard, and on the vehicle impound. I think that's it's just a high high bar that you you're setting as a requirement. I I think um forgot your name momentarily,

Robert. Robert, he um I think you bring up a good point though that if there were if if there was a building facility on on site that required some um some type of utilities that that could be a potential problem. Um, so I guess may a thought that is just uh thrown out in my mind is that um instead of a one acre um requirement on a vehicle impound yard, maybe there would be a it would be better to have some kind of requirement that this type of use not have uh has has a one acre. No, let's see. Sorry, I'm trying to formulate it all in the moment. Um, some kind of a requirement of there not being physical facilities on the premise if it's less than an acre. And I don't know how diff how complicated that would be to re to rewrite all that. Um, yeah, I don't know. Yeah. So, and I I I would also be in favor of some minimum. Maybe it is half an acre. I I don't know. But I I mean, maybe there is some something reasonable as a minimum. I just wonder if in this case, one full acre for for an impound yard is is too much. I mean, we're basically going to You're going to say they can do this, but then the only businesses that could do this are towing 200 cars. I I I mean, that's what my opinion would be. I I appreciate uh Mr. Evans's approach. I um if I were him, I would do the same thing. Um I would try to get the most

value that I could from my property and I I respect that and I think I would do the same thing, but but I'm looking I'm trying to see the bigger picture. The more uses we have a conflict here. We have the the the county that wants uses that are intense to go to cities and we have an applicant who never wants to go to a city. So there's there's a little bit of a conflict there. The more rights and uses we give to parcels in the county to develop businesses, the less likely they will ever go into a city. So every time we we pass an ordinance that allows someone to have more uses on their property in the county, it's less like why should they go to the cities? There there's no reason to go to the cities, but but cities are designed to handle higher intense uses. Um whereas the county is not. the county is focused more on like solid bow-waste and agriculture, more of the spread out uses. And so when we start applying I I mean honestly I I think the county wishes some of these highintensity uses were in cities because they're not capable of actually monitoring and controlling because they're not they're not set up to do that. That's what cities are set up to do. So, I don't have any problem with an impound yard being a halfacre. I to me that's that makes perfect sense. I'm just not sure that we want to put that right into a into a county parcel. Whereas maybe a city would allow an impound yard be halfacre and then they could manage it much better, have much higher patrols, much more better public much better public safety. I mean, the county doesn't have a fire department. The county doesn't have a police department and and these higher intense uses need some of those kind of

activities. So I I don't have a problem with doing a halfacre. I just not sure we want to add more uses to the county lots because all that's going to do is keep them from ever going into cities where I think our cities are better able to handle some of these highintensity uses. And and I I'll give you an example. Gold Key is a very intense um I don't know how many of you have been down to Gold Key. There's like a bridge to go into it that's about 8 feet wide and it's I mean there I don't know how you get a grater across there and to store in some of those areas but it's got it's very those lots are teeny teeny lots and to even give them more um uses and then have higher regulations. County is not set up to handle that quite frankly at least I don't think they are. Maybe they are today but I don't think they are. And so we want to encourage some of these high-intensity uses to go into cities where they can be managed and regulated and and helped and supported as well. Um and I'm not sure we want to we want to have that in the county. So that that's just my thought.

I don't know if this is helpful. Spanish works today. I just looked it up on Main Street and Center Street. I don't know if you're aware of Jud's Towing. Um where his yard is, it's 1.05 acres. And so that would be an impound yard. He doesn't salvage yard. just picks them up, parks in there until they get whatever situated. So yeah, 1.05. It's zoned um commercial main street and center. So there you go. Um

can I that is correct is zone commercial and is grandfathered. Spanish fork does not allow impound yards in the commercial. They they only allow it in the industrial. So it is grandfathered in and that's the one that's the people we want to compete with that we're not able to get a permit from Spanish Fork City to compete with Jud towing. That's why this is that's why this issue is here because Spanish Fork won't issue the permits for any more towards because it doesn't fit in the zone but ours does. So we want to compete and you can't be on the rotation. These are what the tow people tell me. can't be on the rotation unless you're in unless you're in the zoning and have the zoning correct. So that's that's I don't know a ton about the impound world, but that is how Juds is there. Another question for staff I just thought of. Um if if we were to approve it with the one acre minimum on all of these, would he be then able to apply for a conditional use permit or how does that

No. Um he would have to meet the ordinance. Um there is a provision in state code and our ordinance for um relief from numerical requirements variance. uh those have a threshold that are quite usually pretty hard to to meet. You got to show that you you know don't have use of your property and and it can't be an economic hardship or a self-imposed hardship. And so those those standards are hard to meet. Um so probably wouldn't be able to I mean saying never say never because I don't know the circumstances of the property but but no it would have to meet the standards generally. So the way that this is written, we you could just have a another area requirement for I don't know half an acre and put vehicle impound yards in there. So, and then leave leave the rest of these in the one acre which they've been except for the wrecking yard and salvage yard would now be in one instead of in zero or out of one out of a size. Sure. So, there there are a couple options you have that you could make. Um you could have a different requirement for a vehicle impound yard if you wanted to. it would is we would be able to add that as would what you feel is appropriate as a minimum acreage. The other thing that you can consider is that um any of those areas that or any of those impound yards that would require occupied structures would have to meet any health department requirements. So that would require them to either have a city connection and or uh to to water and and wastewater or um they would have to meet the health department requirements for the county which means that there would be a

requirement for a certain amount of area for bleach fields and things of that that couldn't be used for the impound yard. So that would naturally limit the ability for impound yards to be located on smaller lots that had offices on. Otherwise, if they didn't have occupied structures, as as Bryce was talking about, um they could utilize the entire property and it wouldn't you could not have an a minimum acreage and they would be able to use as small as whatever that parcel was legally configured as. And so what let me see if I can rephrase what you said. So if if it had a structure and it had facilities, then that would have its own requirements when they went to get their permit. So we don't really need to separate impound yard with a facility versus an impound yard without.

Correct.

Because the permitting process would cover all that in in the end. um for smaller lots. They would they would it would restrict smaller lots from being used if they had uh some kind of occupied structure as a office or something like that where if they didn't have any occupied structure there um may not be as much of a need for um for those area requirements to be in place. being the curious one that I am. And I don't know if I got the correct address, but I did look up uh Jud's Towing. And based on the signage out front, it's I guess uh recognized by the state as two separate impound yards. One by Jud's Towing and Recovery, ones by Clemotive. Um

excuse me. Okay. based on the county map that's showing a 36 acre 369 acres, but I think I think this goes back to Commissioner Pierce Shane ex city attorney or sorry, old age kicks in there that that some of these uses are better managed by cities. Um, sure.

And and I think that's whether they allow it now or not. I guess that doesn't play into the picture necessarily, but um again, and I agree also. I I've been down to the Gold Key facility and and u I don't do we is there even sewer there? I know water's there, but is is sewer run into that property currently? No, it is not. Old sewer is there? Sewers in Gold. There's sewer out front. There's sewer. There's the only building that's not is on a septic system is the last one and that is mine. The rest of it is on a sewer system.

I couldn't remember. I know that for a long long time there was never adequate fire protection there because water line was not serviced properly and now that's been upsized. Yeah, my knowledge that's been upsized. But what and and the access is going to change here. If you want to know about what's happening at Gold Key, I can give you a little bit quick rundown. When 2000 South gets built, that access has to change and it'll have to come out straight, which will straighten out a bunch of the problems at Gold Key. Yeah.

So, I I tend to agree that that, you know, clearly impound yards can be operated with less than an acre. Is that something that we feel like is appropriate for the county to involve themselves in and approve? And again, this is a recommendation. However, we vote on this. This is a recommendation goes to the county commissioners and you have the opportunity to to to uh put your case before them and and they may overrule us or may agree with us. However we end up voting,

I still I still believe there should be a minimum acreage on on this activity. I I I mean I I I'm not saying that I just think an impound yard I mean you haven't found one yet that's over I mean it's an acre, right? So I mean I think generally they're not that that large and so we're putting a really high requirement on uh a particular activity that that doesn't require that. Now in a city you I agree city is where it belongs. I I'd say still it needs to be half an acre even 3/4 of an acre would at least allow him to use some of his properties for this type of activity. So um I I still support some kind of a minimum acreage. I just I just think one acre is pretty high. So my recommendation would be to to add another minimum acreage of half an acre and move vehicle impound yards into that one half acre uh and then leave the rest as written with a oneacre requirement because the rest seem like they should be a large property uh activity. That's my suggestion.

Let's let the planning commission invite you up. Yeah. come on up here and let tell us your name. Uh my name is Coy. So if you do set it to a half an acre, what happens to these people that already have the 2 of an acre that you mentioned, the.3 of an acre that you mentioned that they're already operating? I think both of those are in city boundaries that I've missed. So, so those don't apply and say that it's 2 of an acre and use that as the smallest portion to apply it toward the county side of things.

Right. But is what I'm saying is for to help make an estimate of a point a small minimum acreage instead of completely getting rid of it to be zero. There's already the smallest one that we can see is 02 of an acre that we've been able to find. Could we say 02 of an acre is the smallest that we're willing to go?

I think then it goes back to his point over here of is this the right use for a county property is this, you know, on a on such a minimum such a small lot. Typically, the county, like you said, doesn't have the services to um provide. And so how much of a uh how much do we want that to be the county's responsibility as opposed to letting a city annex it if they want a smaller lot get annexed into a city? It's understandable. Yeah.

That specific thing that we're talking about the lot is less than a mile from Utah County Fire. So that could be something to take into consideration too. We'll need the gentleman to state his name also on the record even though I My name is Koi full name Koi Atkins. Okay. Thank you. Thank you. Um Commissioner, was your suggestion a motion? A what? Was your suggestion a motion? It I didn't hear that. Are you ready to make a motion or are we just still discussing? And I was I was um just making a suggestion on one path we could take.

Thoughts from other commissioners. Then everybody speak up at once. Well, can we can we put uh your thoughts into a motion? Yeah. I'm I'm okay with with less than a than an acre. I don't know that half an acre is enough, but I What would What would you

Well, I would I would think uh at least threequarters of an acre for the impound yard. The rest of it I I think should be one acre. That's my opinion. And if somebody makes the motion for one acre for everything, I'll go for that. I guess for me, I'm just trying to mull over in my mind if it if it is the proper uh place for the county to um to have this as opposed to if if if we want them to be integrated into the city instead. staff have any feedback with the comments?

Yeah, I think you know our our recommendation would would still stand. I I I think uh Commissioner Sainsbury captured an essence the essence of kind of our land use policies and the concerns there with introducing um intense uses that make it a much more difficult for the county to provide services. You know, we we've got all these islands all over all over the county and we've got, you know, road crews and we've got emergency services that have to respond to all these. It's just not efficient. If there was a crime that was committed on this, say somebody broke in and tried to steal a vehicle on that, can the city not respond to it? Does the county have to?

I mean, obviously that, you know, it's a closest responder, but there there are agreements in place with certain cities to to contract that, but there are areas and, you know, there's industrial areas that there are no agreements and so that would be the sheriff and and uh same with fire response, emergency response. And so um it's just kind of it's consistent with that general idea of you know these type of municipal type high intense services. Um it's just uh really reduces its efficiency and and uh the ability to provide those timely when they're scattered. I make a motion that um we follow the UT the I guess the staff proposed version Utah County Planning Commission recommend approval of Utah County Commission of the staff proposed amendments to Utah County land use ordinance section 2.08 8.36 and 12.4 Four to amend the requirements for automobile wrecking yards, salvage yards, and impound yards. Adding impound yards as a permitted use and maintaining one acre minimum area requirement for all but impound yards and require 75 acre minimum requirement for impound yards along with any applicable reing reformatting based on findings listed in section five of the staff report. Second.

It's been moved and seconded. Is there any discussion on the motion? Seeing no discussion, um, all in favor? I I um any opposed? Nay. Nay. Uh roll call. Um me. Yeah. Sullivan. Love. Nay.

Or no. Lorraine Davis. Hi. Um, I'm having a hard time deciding. Um, I'll vote I. Seth Cox, vote I. Shane Pierce, I. Stanford Sainsbury. Nay. Robert McMullen. I

um that motion passes four to two. Um recommendation approved to go to the county commission. That'll just Mr. Chair that item will be as you mentioned forwarded to county commission. They meet less fre or a little more frequently. It'll be sometime in May. the applicant can reach out to us for that specific date. Um, also we probably want to close a public hearing too.

Um, yeah. Um, we'll close a public hearing. Um, let's see. Get back to the agenda. I have lost. Um, let's see. We've already addressed all the items there. Um when we've closed uh do do we need a vote to close the public hearing? Yeah. Um motion to vote public close the public hearing. Second. Moved and second. All in favor? I I

the public hearing is closed. Uh we will now move on to the item E agriculture protection area notification of creation continuation of agricultural protection areas. Um is there a

Yeah, this would be real quick. This is Bryce Armstrong from staff. Um statutoily we have to provide the planning commission notice when a agricultural protection area has been approved and recorded. Um this came before you I believe in uh March meeting uh maybe February but I think March. Um this was the what did he call it? Kevin usually does but he was unavailable unavailable tonight. South Fork Land 2026 a protection area which included a exclusion of a 56 foot rideway for county road 2100 west. I believe that's down in the pace and Salem area. So just get it on record that it was approved. That's it. Thank you. Um, moving on to other business. Do we have any other business to

Um, no, I don't believe so. As you're aware, we've got a a meeting next month, so keep that on your calendars. We'll do so. Um, we will now um move on to the public comment. Is there anyone here that would like to make any public comments on the record? Seeing none, I will entertain motion to adjurnn. So moved. Second. All in favor? I. All right, we are adjourned. Thanks everyone. They