[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:04] All right, we're good. All right, welcome to the planning and zoning meeting for Rush Valley Wednesday, September 2nd, at 7 o'clock.
[0:16] First is roll call. We've got myself, David Anderson, Scott Hawkins, Carole Wall, Paul Bishop, and Kyle Russell, also a patio, and they turn me click is here.
[0:34] Second, approval of meeting, meeting minutes for July of
[0:39] meeting next is we didn't have an August.
[0:42] Did I make a chance to review that?
[0:46] Pretty simple, straight forward, I'll just say they're wonderful.
[0:50] I'll make a motion to approve them.
[0:53] All right, I got a motion to approve July's minutes from Scott and a second from Paul Holland
[1:00] favor.
[1:01] All right.
[1:02] Any post?
[1:04] Motion carried.
[1:06] Item number three, approval of building permit for Carp.
[1:09] board at 85 East Heatherway.
[1:12] It's like to come up, state name and address for the record and...
[1:18] Tandy, oil, 85 East Heatherway.
[1:21] Okay.
[1:22] Got everything that put there.
[1:24] Hold up.
[1:24] I was supposed to be here.
[1:26] All right.
[1:26] So if I remember, it's just...
[1:28] Covering two corners.
[1:30] Right.
[1:30] And the issue was that we had multiple parcels split up and we needed that all to bind, right?
[1:35] They've been combined and put them in.
[1:37] Okay.
[1:38] You have the document shown. It's fine. I know it did show it on the GIS website. It did show it was all one
[1:52] Shit submitted that in the documents that she submitted I think so it's really small the same way
[1:59] I don't say it was small on mine too, but the letter from
[2:04] Assessor the way I read it that it was one tax number now for the property. It's where I read
[2:18] Okay,
[2:25] so the driveway is still a separate parcel in, but the Connex boxes don't.
[2:35] The driveway comes down in.
[2:41] They had to give up property on the front side to make the road wider.
[2:49] They took piece of the side of the one property in front and added it to the back as all
[2:54] back every day. The Martinez was when there
[3:04] was a while ago. Yeah, it was a while ago.
[3:09] It was before I bought it. So Martinez. Yeah, he had to, he had their way had to be wide
[3:14] enough to get the fire trucks down because it was only 15 feet wide. So he had to make it 30 feet wide.
[3:19] So they took a section of the front piece and moved it back so they could make the road wider.
[3:26] Okay, and uh, trying to remember from last time were we okay with setbacks now with the align adjustment or
[3:34] Do you have that drawing or is that on the old?
[3:53] Is that
[3:55] 11 and a half feet
[3:58] five inches from the fence. I don't know if that's the property line of the neighbors.
[4:05] I mean, it's a nonconforming minute. It's going to be bigger than six.
[4:12] So it would probably be close enough. We'd have to do the measurements.
[4:17] How big is that a lot? Two points up the neighbors. So it's probably good.
[4:22] It's greater than six on that side.
[4:26] Then the back, there was plenty on the back, by the number one.
[4:28] Yes, it was a bit of a D.
[4:32] And how much space is it between the house 20 feet to 9.25?
[4:38] And there's nothing protruding like the overeat.
[4:41] It'll have 18 inches each way out for that.
[4:46] Just to solve it.
[4:47] But as far as this, there's nothing else
[4:48] to be going this way or this way.
[4:53] I think the setbacks will be good.
[4:56] But, you know, does that include the con-ex at 11 feet?
[5:00] That's the corner of the con-ex.
[5:03] Okay.
[5:04] Tip to center.
[5:05] Yeah.
[5:07] That's the shortest route.
[5:09] Okay.
[5:10] It would be the sit-backs.
[5:14] Any other questions?
[5:15] Yes.
[5:16] So, I thought that the two lots were just being combined, but it sounds like we've moved
[5:21] a lot.
[5:22] Why not?
[5:22] That has been moved.
[5:25] No.
[5:25] They were just combined.
[5:26] point. There's like three or four. There's four different lots. They combine the three
[5:32] of them and then just left the road is still its own. So the three or one and the other
[5:38] one that has the road on it is the second? Yes. Right. Okay. Thank you. Yeah, we assume
[5:44] that in the future that should be separate. So it doesn't have to be re taken off and put
[5:51] back on again. Yeah, in fact I think it's a it's a joint. I think Peter still owns half of it. Yeah, I
[6:00] have no idea. Yeah, I think Peter still owns half of the half of the road so that it had to be a
[6:04] separate piece. I know the continuation of Heather, he does. Yeah, like past little where you can close
[6:10] a fence or whatever. Yeah, and down through. But whenever it was originally done, him and his dad
[6:16] on the road, so I'd almost bet there's a nettle in there and his name's on it some place.
[6:24] But the main issue we had was the lot lying through the building and so potentially one
[6:30] block could get sold and after I did this section was in this, but the roads off on the other
[6:38] so that isn't here with that.
[6:41] Any
[6:44] else?
[6:45] I don't know.
[6:46] If the engineer was here, he might have a question about,
[6:51] I know you're putting metal over it and it's a,
[6:53] it's a spanned building.
[6:55] So I take it, you put metal over it or?
[6:57] We'll put metal over it as far as the,
[7:01] the recover and the railings.
[7:04] I mean, we're building so it should withstand the,
[7:09] the snow load. He might have a question on the snow loader.
[7:12] I think it will be over.
[7:14] It looks like it's pretty heavy duty.
[7:16] So we've stopped at the top.
[7:20] Whenever you guys said stop, we only put all the bolts in it.
[7:24] It's been a year and a half.
[7:26] Does the roof extend beyond the top of the conaxes?
[7:31] 18 inches inside.
[7:32] On the ends, but it's not touching the conaxes on the roof line.
[7:36] and the roof line will drop four feet before the eve.
[7:40] So there's four feet from the top of the connex
[7:43] to the bottom of the roof line that's round.
[7:48] And then it'll go 18 inches out past on the ends.
[7:51] On the outside of the container box.
[7:55] Correct.
[7:56] On the ends, but not, it won't overhang
[7:58] on the sides over the boxes.
[8:00] Yeah, just a front and back.
[8:01] So are we saying the runoff goes to the top of the connex?
[8:04] Yeah, well, we'll have around these these holes right here actually have
[8:11] It's like a gutter slot because it goes down
[8:13] My question is does the roof go to the outside or the inside is it so the runoff is going to end up on top of this
[8:21] Conor can or it can be dreamed of either side depends on
[8:24] I mean if I don't I don't want to flood any of the yards so he said is there's a gutter system in though in the engine
[8:31] I think it's like a 4 inch so whatever comes off if it comes off fast it'll just splash all over the place
[8:39] It comes off like not like we have normal it'll go down and out the ends
[8:43] It'll drop right off this in this and this is at this level
[8:46] Can
[8:53] we get a phone number in here if you saw if the engineer has any other questions he can get a whole of you guys
[9:00] 435
[9:02] 849
[9:07] 5167. 8495167. Yeah. Okay.
[9:12] See you. He might ask for some more drawings or I have
[9:15] recognized engineer. Absolutely.
[9:21] I'll make a motion to accept it. Okay. We got a
[9:26] motion to approve the building permit from Scott and a second from Kyle. All in
[9:33] favorite. Hi. Any opposed?
[9:37] Okay. Looks like you got it.
[9:39] Are you
[9:45] sure copies are these ones? I don't have copies of those.
[9:49] But they're in the email, right?
[9:51] It's not the same thing as I mailed you.
[9:53] It should be. Yeah. Okay.
[9:55] And I have them.
[9:57] I have two separate papers.
[10:00] I'll just forget what is the sign.
[10:05] Right here.
[10:13] Thank you.
[10:14] Thank you.
[10:17] And where are we on number 4, approval of conditional use permit for dairy at 600 cemetery
[10:23] road.
[10:25] Come up please state your name and address for the record.
[10:33] This is Colton Park, I'm my mother so I'm state the address of 600 cemetery street.
[10:43] and my mother was the owner of this of that and we raise cattle it was kind of
[10:54] agricultural and a little farming there looking to get a conditional use
[10:59] permit we're looking to sell to Paul Opfar here and he would like to put a
[11:08] a small, small dairy there, and we can help with more questions about about that.
[11:20] Okay.
[11:20] Do you like to state your name and address for the record and tell us what you're looking
[11:24] at doing?
[11:24] All over far.
[11:26] You want my address?
[11:27] You want my address?
[11:28] 1109 East Maple Street.
[11:30] Maple to Utah.
[11:32] Okay.
[11:33] So you want to do a dairy?
[11:35] Yeah.
[11:35] Was that property had dairy before just cattle?
[11:39] We raised all
[11:42] Just general all kinds of farming animals, but we did have cattle when she goes
[11:49] Horses mainly
[11:50] And how big of a operation you look at right now. We're milk in 30
[11:57] Over in spring mills for their reason spring going out. So the dairy just got sold
[12:04] They're still trying to figure out what we're going to do with it, so we're looking to move.
[12:08] So, you say now, what is your plan in one, like, catalyzed?
[12:16] Yeah.
[12:17] Not more than, like, 60 you be pushing it.
[12:21] Like, 40's a, really, because this is how big is this one.
[12:27] 14.39 acre.
[12:31] What's his only plan?
[12:36] Part of what I think was in a 5 and part was in a 10 one.
[12:40] I looked it up on it.
[12:42] I think the corner, the back corner was in a 10.
[12:48] There's some existing buildings, like a barn in that.
[12:52] There's not a house, if I remember.
[12:53] There's a house on there.
[12:57] I'm sorry, I'm not the decision maker,
[12:59] but these are the things that I'm wondering.
[13:02] What would be the, I mean obviously Darry's end up creating a lot of buildings to keep
[13:08] them in to milk them and those sorts of things?
[13:11] Is there a plan that you're talking about a long time?
[13:18] Are your maps, Ted's got a map.
[13:26] So what's existing and what's existing?
[13:30] So the only one that's existing that I'm going to keep is that one in there. There's a there's two mobile homes sitting here
[13:38] And then there's another one back here, but it's kind of fallen down.
[13:56] There's a log cabin there that I didn't put in there, that was a story cabin there.
[14:01] So I think it's all in R5 because this is that
[14:12] So it's completely, I think the one you're thinking of is this corner one is the one
[14:17] that has a little corner in the game of 50 that we were asked about.
[14:22] So it's all RFR5.
[14:28] Now I had a question because on GIS
[14:34] here, it says it's Park, Nina, but on another one it
[14:39] says Customs Lens, something different then.
[14:42] It's been yeah, this is an older in the in the county. It should be a nine-a-part
[14:51] trust that should read that. I just saw the different name on there.
[15:00] The GIS is the park. My original, my dad and uncle, this is my uncle's company. They went in together to purchase it. And then my dad paid, paid towards it to acquire it.
[15:23] So
[15:27] This goes from here all the way back. I think it's just this lot
[15:35] 14.39
[15:36] This is just this and this is combined with the 62 then
[15:41] And
[15:45] county is up
[15:47] So yeah, the lot behind it is
[15:56] So the
[16:03] conditional use is just because the zoning on it is why we're requiring that but
[16:11] obviously any building permits would have to be separate and you'd have to come to
[16:15] get that approved and all that this doesn't cover that.
[16:19] Right. Well really, the buildings in that, on mine, I got the note that we changed it
[16:27] to a permitted for out buildings for animals and keeping of animals.
[16:33] It was not the buildings though, it was the, what it was for for the, the use of it.
[16:43] Yeah, because it was, it was done, I don't think we had anything for a dairy.
[16:47] It was listed, I found it in here somewhere, give me a second to find it.
[16:52] Not very many people wanted to build their museum.
[17:06] Farms devoted to raising and marketing chickens, turkeys and other foul or poultry, fish, frogs, milk,
[17:15] rabbits including wholesale and retail sell, does not include family production and in our five that shows conditional.
[17:22] additional.
[17:25] So are you going to process the milk and everything there? Are you taking
[17:28] it someplace else in process in there? Yep. So is there going to be trucks coming in now?
[17:36] So the only trucks is the ones we own and there's like, we're pretty small. How about shipping
[17:42] the milk and that sort of thing? Oh yeah. So we have like a little sprinter man.
[17:48] So customers
[17:49] Do you have any medical support?
[17:52] No, I think that there should be a public hearing,
[18:01] it's not an necessity before this closure, but you can have one.
[18:05] And I think that we're probably on to simply because of, just because this isn't just, this isn't.
[18:11] You said you would have 60 counts?
[18:14] Yeah.
[18:14] On top of?
[18:15] On 14 acres.
[18:18] Yeah, 60.
[18:21] and you've got a plan for the runoff.
[18:27] That's all the water in this.
[18:31] Yeah, it's all EPA.
[18:33] It's being designed by 5G.
[18:35] Dairy consulting out of Texas.
[18:36] They're huge.
[18:38] Dairy.
[18:39] I just didn't know how you was going to push it into a certain area
[18:42] and have it disposed on the map.
[18:45] I thought there was something that I can
[18:47] a little bit behind how big it's not very big 50 by 100 and it's a little bit dry or mostly dry.
[18:58] So there's a separate, they'll be separating cells in there that will separate it out
[19:03] so that we had containment area for the water.
[19:08] Water I can run back on the pasture.
[19:11] So does that require a permit for, like, state of Utah?
[19:20] Yeah.
[19:21] Yeah, we're full of licensing through UDAF.
[19:24] So it's still a dairy buck for the suddenly?
[19:29] You're talking, like, the EQ Department of Environmental Quality.
[19:32] Yeah, for the silage pit, I think so when I was thinking of...
[19:35] For the silage pit, we...
[19:37] That's an open pit, like a bunker pit.
[19:38] Okay, we'll probably be doing ag bags
[19:42] Okay, the plastic bags and the manure pit is going to be wet
[19:49] Turned into dry. Yeah, so I think it's considered a constant a concentrated or a F.O
[19:59] Concentrated animal feed operation, but it's small
[20:05] Yeah, so the cap goes have to be over a thousand
[20:09] to this one, called bifurcato.
[20:15] It still requires from the division of water a plan, a new, not necessarily.
[20:30] So, there's another ground in town that we're working on buying, to be like our agres
[20:38] grid and stuff like that.
[20:46] And how much,
[20:50] you're in the dairy business, so how much smell and, so right now, for neighbor
[20:56] wise.
[20:56] So right now we're in like right in the middle of Springville all right this is
[21:01] 12.95 South Maine in Springville so I have houses on both sides and people don't
[21:07] even know I milk cows there they're like because I so I took over a dairy that
[21:12] was milking 700 and we're milking 30 and people are like how is it still there
[21:18] and you know it's still there cows I see a couple cows you can't even smell anymore
[21:28] because you do have, it says only 14 acres and you have neighbors fairly close, you know, it's not like
[21:36] the place they have, you know, hundreds of acres, I think we will call, I think we should have a public hearing
[21:41] just so that the neighbors can put their input on it and get their feedback as well.
[21:48] So all the only buildings it's there is this one and this one and the rest is what you're going to be putting in.
[21:54] So there's the house. There's a barn back here, some sheds here and then some two mobile homes right here. Okay, so all of this is all going to be new. Yeah, okay.
[22:08] So the house is minus house. Yeah, and the traders are having shed. She lives in that little.
[22:17] over here in that little piece there. The other existing sheds and the trailers are you
[22:26] planning on keeping those? The only one we're going to keep is that little log cabin that's out
[22:31] in front. Are you familiar with the property? I've been by there. I haven't looked too closely at it. There's
[22:35] an old 1800s log cabin that's out in the front of the barn. But that barn and the cabins,
[22:43] That's the only thing we're going to keep, everything else will be taken out.
[22:48] And the house will stay.
[22:49] Yeah.
[22:55] I'm sorry, but I understand that you haven't bought the property as yet.
[23:00] No.
[23:01] You're here seeing if you can.
[23:03] So even for the conditional use permit, for you to get a conditional use permit, it has
[23:09] to be in your name.
[23:10] That's he can get it.
[23:11] Well, he can get it.
[23:12] A permit right now.
[23:14] Mm-hmm.
[23:14] And then they can transfer it, can't they?
[23:17] It belongs to the property, so the
[23:23] condition of these permits could form fit to his plans given to him, and then it could move.
[23:29] But I think that there's a couple of reasons.
[23:33] I think that Chairman Anderson's got the right idea that he should be a public comment about the carrying on this,
[23:38] simply because there are close neighbors and this is a residential area.
[23:42] The other part of that is just simply so that this body can think about the different conditions that shouldn't be placed on it, if it is approved, because obviously there needs to be a limit that needs to be, the condition needs to fit tight around what is actually going to happen so that it cannot be used.
[24:03] I'm not trying to make you the thorium to say that we seem to happen so I don't know where
[24:07] he is.
[24:08] How close are the neighbors?
[24:09] This piece here.
[24:11] So you got Dennis and Jerry up in this corner, so they're up in the county.
[24:16] You got Kathy Park here, and then Totor, and they say over on this site, and there's nobody
[24:25] to the north, and nobody passed Dennis and Jerry to the west.
[24:28] closest one to the south is Blaine and Judy, on this way because it's a
[24:33] cemetery or a hill before you get to Blaine and Judy's house, okay, and the
[24:38] cemeteries right here, right by Tennyson's area, so most the neighbors are right
[24:47] here, and the neighbors are down there and upwind of the potential most mostly from
[24:56] from the Southwest, from the Southwest.
[24:59] So what permitted uses are there without being the dairy?
[25:06] Feedlot?
[25:07] They're not really a feedlot.
[25:09] You could raise cattle on it.
[25:11] You could raise chickens.
[25:13] Anything for your own personal family use?
[25:16] It's the size that would generate the condition
[25:20] used to permit.
[25:21] If you had one cow just for your own family and stuff,
[25:24] It wouldn't be so say I buy a piece of property over in the county and build the dairy in the county
[25:29] That's their problem. Yeah, but then I
[25:33] like
[25:34] Keep all my hay there
[25:36] stuff like that
[25:37] Cuz I farm a few hundred acres over in the valley. There's yeah, so that's where I would have bring you from doing that
[25:43] That wouldn't be a problem. It's it's I'm more worried about the manure print permit and you know the pit and
[25:50] And I've seen some of these diaries when they push it.
[25:54] It's just like a green slob that kind of works out of the thing and it goes into a big
[26:01] pit and it settles there and the methane gas just kind of radiates off of it.
[26:05] Well, I'm thinking of what that manure pit is, and that would be something that the conditional
[26:11] use permit would have to rest.
[26:12] Yeah, because that would increase flies and everything else if it wasn't contained.
[26:18] and the gases, and I think, depending on where any wells was around there, the county
[26:24] might have something to help the department on the way that you process that.
[26:29] Yeah, the statues in the wells, they have statues.
[26:33] Right, so many feet from that, but then if you're generating that much waste, because we've
[26:40] got a clay layer that it don't go through, once it penetrates that clay layer, it's like,
[26:45] I think it reflows after that, but it's that clay layer that it don't flow through
[26:51] just sits on top.
[26:52] It fits on top of it.
[26:53] It don't percolate as much.
[26:56] So the smell of that is what I was more kind of worried with that many cows.
[27:02] I know how it is just just three or four if I don't keep my barn cleaned
[27:05] with three or four after the summer.
[27:07] If you don't clean that out, it gets pretty rain.
[27:10] So I can imagine what 30 or 60 would yeah, would smell like would it be a lined pit?
[27:17] It's all concrete
[27:19] Okay, yeah
[27:21] So it wouldn't actually perk into the ground then and you'd pump it out to liquid so there's different stages to it
[27:28] So you have your work as it goes and liquid and then you dry it out as it goes and then you have your water separating cells
[27:36] Okay, and then the water we just pump back up to the
[27:40] pasture wherever water
[27:44] is kind of a commodity.
[27:45] And the silage itself, you'll be spreading,
[27:48] you said you used to be spreading that
[27:50] on some other property.
[27:52] Oh, silage.
[27:53] Well, the story after it goes through the drying stage,
[27:58] you said about spreading it on the land.
[28:01] It wouldn't be on this 14 acres,
[28:03] it would be someplace else,
[28:05] greater in space.
[28:06] Okay, yeah.
[28:09] I think the neighbors should be aware,
[28:11] So I think we should have a public hearing on that whether it be at this meeting or they can't doubt out so one of them
[28:19] Should have a meeting when's the next it would be it would be here so it'd be the first and the next month here and then they're the appellate authority
[28:27] So it would need to be here
[28:29] So they need themselves on the next month's agenda moving forward. Patti's practical matter
[28:35] Historically what we've done is had them
[28:38] The neighbors like put the notice and they give it to you so that you can make sure that it got sent out as that
[28:44] Am I remembering right or am I remembering wrong like yeah, it's been a minute
[28:49] I just don't I just don't want to put it on you to have to do it all
[28:52] Yeah, let me look back for some of my files. Is this neighbors in the town or it's a joining neighbors on the property
[28:59] Even if they're in the county. There's nobody in the county. I'll give them some Jerry. Oh, okay
[29:13] But yes, but it does touch that piece of property is over here and then the other one would be Nate and Kathy and told her to the north is
[29:22] Yeah, that's Nate. Well, even to the north have ordering property. They on the property right behind here to the north
[29:42] I'm not sure if Totor goes clear to this corner, or not.
[29:47] Yeah, I think it's Devin's piece ends right here, and goes around the corner like I've
[29:54] Yeah, he's be our one piece.
[29:57] Yeah.
[30:00] Right. Right. I guess the question is how far you want to extend it. Just the immediate adjoining. All the joint adjoining neighbors is what we've always done before. And I want to say what you was talking about. They provide the envelope in the names. And yeah, I'm going to have to go through our, we have done that for a while. So, but I think that we didn't. I think that we type up. We dropped out the notice, but they get the envelope. They provide.
[30:28] Yeah, and it says something about that on the bottom of your right.
[30:32] Yeah, they find everybody within a certain mile radius and then they prepare the names.
[30:39] I don't do a research for them, then they give me envelopes with labels on them and I mail
[30:45] a public notice out.
[30:46] Okay, and it gets posted on the door also.
[30:52] There's also there's an irrigation waterway that goes through there and you have to ensure
[31:00] that that's protected and nothing gets discharged into that. I mean, this time of year, it's very
[31:05] nice. It's dry. It's very, it's very, it's very, it's very, it's very concrete pipe that
[31:11] would be between you and the irrigation. Right. Yeah, I thought it belongs to the St. John
[31:15] irrigation company and they have a maintenance right away through there. Yeah, yeah.
[31:21] I would prefer, like, I would pay for the cost to put RCP through there just because it's flooded
[31:27] but before flooded the basement of the house.
[31:30] Right.
[31:35] All right.
[31:36] Do you have a motion to table this?
[31:38] I have a motion to make a motion to table it,
[31:40] and have a public hearing on it next month.
[31:46] Hi, seconds.
[31:47] All right.
[31:48] We've got a motion from Scott to table it,
[31:52] pending a public hearing in a second from Carl,
[31:56] all in favor.
[31:57] Hi.
[31:58] Any opposed?
[32:00] All right.
[32:01] We'll table it and go from there.
[32:02] Thank you
[32:06] All right, you can take care of the next one. I don't know this guy
[32:16] An ag group cultural building that David Anderson 735 North Main Street Rush Valley
[32:23] Okay, what type of building are you so what it is is that say
[32:28] Kind of a middle car port that was in Murray and I have disassembled it and I would like to reassemble it
[32:36] Just to put mowers and tillers and storage metal frame. Yeah, I got some structures here. I think I've seen the pictures online. I just couldn't tell what it
[32:47] What it was. It was just metal framed metal sighting and yours didn't put the same side in and everything back
[32:54] Yeah, I got all the pieces. I just took a part. I was just gonna drive a bunch of I think 15 or so T-post
[33:01] couple feet in the ground in the anchor to that. It's not meant to be permanent in a few years
[33:06] then I hope to build a bigger, better shop, but for now, just keep some stuff out of the weather.
[33:18] 23 by 24, something like that.
[33:21] It was 25 by something, yeah.
[33:24] It was some odd.
[33:25] It was quite a good way to remember on the picture to your back property line and plenty from the side.
[33:30] Yeah, I was like 60 feet from the back, and hundred to something, and then hundreds of feet
[33:37] from the other side.
[33:39] And it was 47 from the house about that, yeah, just to meet the setbacks that would
[33:46] be there.
[33:51] There's something inside, it just throws it in the frame, and then you're just going to anchor
[33:57] through and bolt through the bottom because I know the engineer is going to ask how it's
[34:01] going to be anchored.
[34:02] Because it's got a metal tube pipe on the bottom run, so I could either, it had rebar stakes through it.
[34:11] I don't think that's sufficient for Rush Valley. So just on the inside of each of the studs,
[34:16] I was going to drive a T-post and then clamp it to it.
[34:25] Anybody else got any questions?
[34:28] No power or water? No. Any power or running extension board?
[34:32] It's will
[34:38] make a motion to approve the building for the act building 7.35 north line
[34:45] Okay, we got a motion from Carl any second from
[34:52] Paul
[34:54] For the act building at 7.35 north main all the favor. All right. All opposed
[35:04] and for the record I
[35:11] Approved by lines up eight left for me to sign.
[35:18] Okay.
[35:27] Do the next agenda item.
[35:30] Any public comments?
[35:31] Any public comments?
[35:33] I have one.
[35:35] Coral Wall 759 North Church Street.
[35:40] So if we're requiring a conditional use permit for the gentleman that was just in here,
[35:46] do we have conditional use permits for the rest of the town that have
[35:52] feed lots, and they're on their properties.
[35:56] The reason why we said conditional use is because of, it was commercial, he's selling
[36:02] it, and I was going off of our table 11 here.
[36:08] It says farm devoted to blah, blah, mel, rabbits for wholesale and retail, and then in our
[36:15] There are five that's conditional where a 40 is persist permitted.
[36:20] Correct.
[36:22] So all the cattle that are raised in personal feed lots, none of them get sold.
[36:29] They get sold.
[36:34] Case in point.
[36:36] That's all.
[36:42] But do they keep them on a, a five, a five?
[36:47] There's any family in this neighborhood that keeps 40, 50 calves that they feed in their
[36:54] feet lot and then sell them later. There are people having operation that big. There's
[37:00] people that have operation that big but I don't know if any of them are right. I mean they're
[37:05] not. They're not a mainstream right now. There's not an R5. Yeah. 5 and 10. Probably the only
[37:12] biggest difference is it's a pretty short duration that they're there. I mean they're not
[37:17] They're all year long.
[37:19] They're there from August till October 1st, 1 through 2.
[37:28] That would probably be the biggest difference.
[37:31] Okay, just asking the question
[37:33] because sooner or later it will be asked.
[37:36] Yeah, no, absolutely, absolutely.
[37:39] No, we can absolutely look at it.
[37:40] If you see something, I mean, if somebody sees something,
[37:44] I mean, I know for a fact
[37:49] But even in all of those 5, 10, and 40, it doesn't talk about numbers.
[37:56] Absolutely.
[37:58] I mean, what are we talking about here?
[38:02] And it doesn't talk about duration of the year.
[38:06] I'm just saying that.
[38:09] I'm asking you, you talk code talks about length of days.
[38:15] But, I mean, that's nothing to do with permitting, that's their, you know, their permits with the clean water act and get it out of.
[38:22] And this tonight's agenda item does not, did not have to do with permitting either, it had to do with conditional use.
[38:32] The permits for conditional use, that we were permitting that you were talking about.
[38:36] No, permitting with the department, oh, gotcha.
[38:44] On that one section I was reading, Patty, did point out, I misread that. It doesn't say milk. It says meek.
[38:54] Meek? Yeah. I remember saying meek in there.
[38:58] I know somewhere in here I read something about dairy, but I can't know where it's at.
[39:04] Well, yeah, something we can look into.
[39:06] I only pointed out for what we just said that if we could ask the question for a comparison
[39:14] one to the next, we have to be well versed in what that answer is.
[39:21] It's the same with the
[39:25] spreading manure happens now, we spread manure.
[39:32] And in reality, the state driven requirement on that goes off of the nitrates.
[39:39] So, in order to spread manure, if you were doing it on a regular basis, it goes off of the crop that is being grown, the nitrogen that that crop requires, and then the amount of nitrogen in the byproduct being spread.
[39:55] That's how they calculate the tonnage application rate for manure spread.
[40:02] What about if he's going to be operating a dairy, he's going to need a business license and a business license is going to require a traditional use permit.
[40:11] So does that conditional use permit include would that conditional use permit include the.
[40:22] He doesn't have to get a second one does he? That would include the conditional use permit that would be required for the business license.
[40:29] I guess it can include whatever we want, but is that going to work because the current owner doesn't have the business.
[40:40] That's true, too.
[40:42] But I think that is, do I understand that is just a precursor for them to get set up to do the sale?
[40:49] Yes, that's why I took it.
[40:51] The current owner.
[40:52] He wants to make sure he can do what he wants with his property before he buys it.
[40:55] Yeah, exactly.
[40:56] And they're just getting a leg ahead by getting the condition of the use permit and Colton's
[41:01] name to be able to transfer when they sell the patent.
[41:05] And the guarantee that they can actually, they don't want to do.
[41:08] I mean, I think that the bigger question is, I mean, like, really Carl, I don't disagree
[41:12] with you that everything should have, you know, check out in terms of legal, legality and
[41:17] stuff like that.
[41:18] I can tell you that my personal opinion is that Derry should absolutely have a condition
[41:21] to use permit.
[41:22] My question is, my question is, if people are running
[41:25] and feed lots, then probably that ought to be brought up.
[41:29] That's really, I mean, from my perspective, we either have to find an exception or
[41:33] it ought to be brought up.
[41:36] I just didn't know anything about size or because this doesn't specify.
[41:42] Well, I mean, but that's just it, right?
[41:44] That's why the size was important.
[41:46] I mean, if you're running a fight, if you're running a fight, Calderity, then probably you're
[41:50] not that concerned.
[41:51] The only other day were about around 60, 60 head cows on 14 acres and you're surrounded
[41:56] on a residential lot.
[41:58] There was a big difference between two.
[42:01] What was the guy up there on Johnson that next to Symmetra, you know, he was milking cows
[42:06] in the house.
[42:06] Dave, uh, uh, Dave is, uh, uh, Miss Rasky, in the question, and two, you know, time, I mean
[42:13] two-year point.
[42:14] I mean, we're talking about 60 head cows that are on there, you know, 365 days a year for
[42:21] for their lives. Whereas if you're talking about show steers or whatever you're talking
[42:26] about, you know, not everything is created equal. If you got a 50-acre law, you got less
[42:31] of a problem with raising many steers. And also, they're not there at the same amount
[42:37] of time and they're really not. And when it comes down to it, the smells and those sorts
[42:41] of things are not such an issue. And so, I mean, I'm not arguing with you. I'm bringing
[42:46] up counterpoints that these are all things that ought to be considered as well.
[42:50] And in addition, it's not 60 head of milking cows.
[42:54] It would be 60 heads, so you've got milking cows replacement,
[42:59] dries and bulls or whatever it goes with it.
[43:01] So if we look at a total gap, it needs to be inclusive
[43:06] of all animal and meat.
[43:09] And if you're talking about feed loss versus, you know,
[43:11] cow calf operation, I mean, you know,
[43:13] like all of those different things make a huge difference.
[43:15] Right.
[43:16] And so anyway, and so in terms of parity, I agree with you completely and they need to be looked at and we need to make sure that the apples are compared to the apples and the oranges are compared to the oranges.
[43:29] But I think that that's a valid point that you're bringing up and probably ought to be dawned about way everybody.
[43:35] Yeah, just so we're on the same page.
[43:38] And the end that there's parity among everybody, right?
[43:42] Yeah, but okay, thank you, that was my only comment.
[43:46] Well, one of the things back to meeting the conditional use permit for
[43:50] the business license, is that something that we could amend or change or
[43:57] just that you're going to have to get a second one because again,
[43:59] the current owner can't get a property owner can't get a business license for
[44:03] business that's not his?
[44:04] Well, but he doesn't have to have a business like this to get a conditional use permit.
[44:09] I think he wants to get a conditional use permit so that he has the proper procedure
[44:15] done to be able to run the business that he wants to run, and that runs with the land.
[44:20] And then once he acquires the property, he has the conditional use, and he can give that
[44:24] to the bill, to the permitting, to the building, to the business permit.
[44:28] So that conditional use would still, because it's not a conditional use to run a business
[44:37] That's what we're talking about and that's why that's why there needs to be a cat I mean you know like I would say
[44:41] There's an area or residential area if it's actually going to happen and he's not a cat
[44:46] He's not you know all of those things. Yeah, and I'm talking in the grand scale
[44:50] I'm not talking about those specifically and that that's why it's so important to contemplate all of these questions
[44:55] That was one of the reasons why I thought it was so important to actually move but I think that the
[45:00] I think that the, the, the, residents is around should actually have to say in it, but then on top of that, I think that there needs to be some contemplation and consideration about what the town's going to require.
[45:13] So, working and turning into just like the big cities over the hill, the farmer rancher,
[45:23] he's been there for multiple generations and everybody's encroaching on him pretty quick.
[45:30] But I think being consistent across the board protects that person because if they don't have,
[45:38] say they say a smaller corporation needs a conditional use, is if he has it, then it
[45:45] protects him. If he doesn't have it and somebody complains, then I think he's a risk.
[45:53] I don't know.
[45:54] The truth is that the early one everybody come in here and then create a nuisance. Obviously
[45:58] that's, I mean that's actually my, my dress my biggest concern with the dairy is it is
[46:04] going to create a nuisance for in a residential area.
[46:07] And you can tell by the way I'm dressed, I'm not anti-agriculture, but we've got to make sure that we're protecting the, you know, we've got to make sure that, I mean, this is a residential area, you know, you're talking about people getting pinched, well, they were there first, we're talking about somebody that wants to move into a town and a place that it's not zone for it, so if you, if, if, if, I mean, so, so they're not really analogous in my opinion, I agree with you, that people move out and they run into those issues and they say, and they say, oh, well, I don't like it,
[46:37] like this, well, you shouldn't have moved here, right?
[46:40] But if you're talking about somebody moving into a place
[46:43] and then calling the issue, that's different, too.
[46:47] So I believe that they're not completely analogous.
[46:51] So your point is well taken in my mind.
[46:53] I see what you're saying.
[46:55] We also want to make sure that we're not
[46:56] preventing people from having the lifestyles
[46:59] that the people around here enjoy.
[47:01] I'm not a decision maker in all of this.
[47:03] I'm trying to help you through this.
[47:05] I mean, the legality of doing it,
[47:06] I mean, you guys can issue the conditional use permit.
[47:09] I'm trying to give you the practical advice
[47:11] in terms of handling this so that we don't turn in,
[47:16] we don't, this doesn't become a literal.
[47:18] Because in reality, the book says a public hearing,
[47:22] you can, it's not, you will.
[47:25] No, it's not required.
[47:26] It's not required.
[47:27] But in this scenario, in my opinion was,
[47:29] and I made that clear, but we needed that out.
[47:32] So we're doing our due diligence and.
[47:35] And if no one shows up, it's on them.
[47:37] Yeah, exactly.
[47:38] That's exactly right.
[47:41] Then if somebody comes in for planes, we can say, well,
[47:44] you're shot.
[47:45] Yes.
[47:45] Yeah.
[47:46] Exactly.
[47:46] If the town can create something that we satisfactory, I would consider probably learning.
[47:52] I mean, speaking of due diligence, I would consider learning about, you know, like sizes,
[47:57] you know, what's the typical size for a dairy and those sorts of things.
[48:00] Try to learn about all of those things so that they can be put into place.
[48:04] because if this conditionals permit isn't being granted, we need to make sure that, you know,
[48:09] again, that it's set tight so that it's not just a free for all.
[48:14] I know a lot of derries, so they have a lot of property around them, and the cows don't stay in the
[48:19] pin. No, they're out in grace. They're out in the past. And they come in at the end of the day
[48:23] if this is not going to have a lot in their own degrees. I mean, people talk about feedlot.
[48:28] A feedlot is not, I mean, I have no idea, but if somebody's keeping 2020 steers on a 5-bit or a lot, that's not a feedlot.
[48:38] That's far from a feedlot.
[48:41] That's what I'm saying. It's way different.
[48:45] We didn't ask. The question we probably should be prepared for, too, is it a class A or a class B dairy?
[48:51] They fall under different requirements.
[48:54] And see, these are all the reasons, I mean, you know, because there were questions that needed to be asked that we didn't even think about asking, so, you know, these are all things that are important to be contemplated.
[49:14] So we all got homework now.
[49:18] What was this company name?
[49:21] It may have been reported.
[49:24] Any other public comments?
[49:25] the cemetery there. So if a lot of this isn't, you know, covered bars, then it falls to the
[49:35] state cover. We've got to make sure that there's, I mean, we've got to obviously make sure that we're,
[49:39] you know, if there's something that is covered under state law, but just because state law covers,
[49:45] it doesn't mean that it necessarily covers, you know, it's the town law as well. It just kind of depends
[49:51] on the situation, you know, the town's ordinance don't prompt the state law under circumstances
[49:57] where the state says business law. Right? So but and so really it depends on the situation
[50:03] but yes, the state law could indeed factor in as well. So obviously you guys know I mean,
[50:11] let's not I mean, you know, like we all know the rules. You'll meet exactly if anybody
[50:15] has questions or considerations or thoughts, feel free to reach out to me because I mean it's
[50:20] I mean, like you guys have been bringing up ideas that I had to even thought about.
[50:23] I mean, you guys could probably tell that my mind just started, you know, like when I
[50:29] started hearing Darry, I was thinking, oh man, there's a lot that needs to be considered
[50:35] with this, you know, in terms of, in terms of just keeping the guard well, where they need
[50:40] to be.
[50:41] Yeah, if he's moving, I can't believe he's moving into a town with Darry.
[50:46] I just, to me, I've worked in Darry's.
[50:49] Yeah.
[50:50] and others.
[50:53] Right, exactly. So anyway, these are all things and when you all look at it and you
[51:00] wave, I mean, you know, everybody's got their own vote. You can vote for your own
[51:10] I'm not trying to overtake them, just a lot of practical stuff, it's not as much legal
[51:17] as practical.
[51:18] Right.
[51:18] They are for a while.
[51:19] I know some of those are anxiety, well, it's a standard,
[51:25] I don't use a lot of water.
[51:28] Okay.
[51:28] They usually, yeah, I know how much two cows drink a day.
[51:33] I can imagine what 60 would go through and nobody is entitled to a conditionally
[51:37] excrement at the end of the day. So those are all things to contemplate.
[51:43] So usually, I mean, there would be a well, but is it an ag well or is it a residential
[51:51] well that has 1.54 acre feet per year or whatever?
[52:00] I thought it was like 0.7 I know I know it's so much for certain months and then
[52:07] during the winter it shrinks down to be it would be a night well it'd be a
[52:11] residential well yeah okay but it would be interesting to see I mean I have no
[52:15] idea what I mean obviously we don't have a lot of areas around here no I don't
[52:20] know what I mean it'll be really interesting to do some research to find out
[52:24] what would actually be required in that.
[52:28] At the last dairy we had was down there in Erda.
[52:33] I know all the regions dairy, right?
[52:35] That was the last one.
[52:36] That was the last one I knew.
[52:38] It was in there.
[52:38] We sold out and shut it down, right?
[52:40] They're by the airport.
[52:41] Yeah, I don't think I've seen a dairy in a town
[52:44] for over 20 years.
[52:45] I don't think so either.
[52:47] I don't think they're all on.
[52:48] Can I ask a public coming?
[52:50] Go for it.
[52:51] Patty Grille.
[52:53] If he, one of the concerns that I have is like if he's selling raw meal, there's a lot of regulation that goes into that.
[53:03] So if, does that fall on the town to make sure that he's being regulated?
[53:09] Well, yes, I know. I think that it's not unreasonable to say that part of the conditional use is that you follow the regulations.
[53:18] I don't think that the town needs to say these are the regulations, I think that the town says these that you have to follow whatever it checks to make sure that that is part of the differentiation between class A and class B dairy.
[53:33] Class A dairy that you can sell, class B can only be used for cheese and other products.
[53:41] So I think that is where that classification of raw versus
[53:46] asterized would come in also.
[53:48] And to that question in terms of regulation,
[53:51] there's all sorts of businesses that we don't just look
[53:54] over the shoulder all the time.
[53:55] Yes.
[53:56] But if we do catch wind of a violation,
[53:59] it would be a basis to revolve against it.
[54:01] As a practical matter.
[54:04] And the business license for that matter.
[54:05] It's conditional on following having a food,
[54:08] He said, whatever he's talking about, he's just a follow-up man that would haul it somewhere.
[54:12] And so, and that's why I was asking about vehicles, right?
[54:15] I mean, you know, ingress and egress, you know, I mean, how much traffic?
[54:19] How much extra traffic are we talking about?
[54:21] What are we, you know, I mean, if it's going to create safety issues,
[54:24] then obviously that's got to be something that's got to be contemplated.
[54:26] Or it might rule the day, you know, but, I mean,
[54:29] but anytime we get somebody additional use,
[54:31] there's a certain amount of trust that you're giving them to actually follow it.
[54:35] but if they don't, they run the risk of losing their conditionally used permit and or business license.
[54:40] So what if, for instance, he decided to like sell his milk at his home?
[54:49] When he come back for another condition, he will use fruit.
[54:53] If the permit was not given to sell milk from there, he cannot expand it unilaterally.
[55:02] he would have to come back to the town and ask him.
[55:07] And be there a new,
[55:08] either a new conditional user,
[55:09] or a man or a fan of skull.
[55:11] Yes, love that condition.
[55:18] Yeah, even 30 counts,
[55:20] somewhere between 253 out of balance today.
[55:23] Yeah, that's a lot of water.
[55:26] What can do with it?
[55:27] I mean, that's just 30 counts.
[55:28] That's what goes in,
[55:29] and twice as much comes out.
[55:32] Yeah.
[55:37] So...
[55:38] Any other comments?
[55:43] No.
[55:44] And I say we move to number seven.
[55:46] I have a joint motion to adjourn.
[55:48] I'll second it.
[55:49] Maybe we got a motion from Scott and was it?
[55:52] Paul, the second?
[55:53] The adjourn, all in favor?
[55:54] Aye.
[55:55] Any post?
[55:56] Yeah.