PLATTE COUNTY PLANNING AND ZONING FEBRUARY 15, 2012

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1 PLATTE COUNTY PLANNING AND ZONING FEBRUARY 15, 2012 Chairman Marty Shepard called the Platte County Planning and Zoning Commission regular meeting to order at 7:00 P.M. Commission members present were Bill Klein, Bob Brockman, Sherry Maston and Bonnie Lockhart. Also present were Reed Elmquist and Dennis Becker from the County Planning Department. The Commission reviewed the minutes from the November 9, 2011 meeting. Commission member Brockman made a motion to accept the minutes from that meeting. Commission member Klein seconded the motion and it carried. New Business Item #1: Reed Elmquist, County Planner, presented a Special Use Permit to reconstruct a billboard in an Industrial District from Benjamin Hilty, applicant and titleholder. The applicant desires to reconstruct a fallen billboard to advertise his business, Reliable Equipment Rentals. The billboard would measure 18 x48, and consist of two 12 x24 units on each side. Reliable would be advertised in one unit on both sides. There is a possibility of renting/leasing the billboard to the Lamar company. ADVANTAGES: This sign would not be too much of a disruption as it would not be internally illuminated. DISADVANTAGES: There appear to be none. AGENCY COMMENTS: Dana Wood, WYDOT Outdoor Advertising Program Coordinator, noted that the State Department of Transportation will require a separate permit for the billboard, and that the State requires billboards to be on land that is zoned industrial of some type. OTHER COMMENTS: None have been received at the time of this report. COMPATIBILITY: There is no widely agreed-upon definition of compatibility for things such as billboards. While some may consider them to be visual pollution, a major highway nearing a populated area is probably an ideal location for a billboard. ANALYSIS: Billboards require a Special Permit primarily to limit visual clutter, which might happen if they were to be made an allowed use. 1

2 STAFF RECOMMENDATION: Planning recommends approval with the following conditions: 1. That the applicant submits a Zoning Certificate application for the structure prior to construction; and 2. The applicant secures the appropriate permit from the Wyoming Department of Transportation and this office is provided a copy of said permit. Chairman Shepard opened the floor to public comment. Hearing no comments, Chairman Shepard closed public comment and brought the issue to the Board for discussion. Hearing no Board discussion, Chairman Shepard called for a motion. Commission member Maston moved to recommend do pass for the Special Use Permit to allow reconstruction of a billboard in an Industrial District with the two (2) conditions in the staff report. Commission member Lockhart seconded the motion. Chairman Shepard called for discussion, there was none; he called for questions, there were none. Chairman Shepard called for the vote and the motion carried. Item #2: Reed Elmquist, County Planner, presented a Special Use Permit to allow meteorological towers in an Agricultural District from Muleshoe Flats, LLC, applicant and the U.S. Bureau of Land Management, titleholder. The applicant desires to construct three meteorological towers on property approximately nine (9) miles west of Wheatland, off Cooney Hills Road. The nearest residences to any tower appear to be located at least a mile away. A future wind farm might have more impact on these residences than the meteorological towers. ADVANTAGES: Meteorological towers are necessary for collection of information, this site would appear to have little impact on residences and the site is moderately remote. DISADVANTAGES: This site has not previously been utilized for similar uses. In the long run, meteorological towers that are abandoned or fall into disrepair can become a liability. AGENCY COMMENTS: The County Engineer has no comment regarding this application. The Platte County Resource District also has no comment. John Emmerich, Deputy Director of the Wyoming Game and Fish Department, commented that all three sites occur in big game crucial winter range. The sites in Twps and are both in crucial winter range for mule deer, and the site in Twp is in crucial winter range for both pronghorn and mule deer. He therefore recommends that construction not occur between Nov. 15 Apr. 30. Additionally pronghorn season typically occurs between Oct. 5-31, and he recommends that construction not interfere with the hunting season. 2

3 OTHER COMMENTS: No other comments have been received. COMPATIBILITY: Much like billboards, there is no widely agreed-upon definition of compatibility in this case. Properties that are both zoned Agricultural District and agricultural in use can be compatible, especially when moderately remote like this site. ANALYSIS: This type of use is regulated by the County primarily to ensure that inappropriate sites are not chosen and to allow the County to place certain restrictions and conditions on such a use to minimize impact on neighboring properties. The site is significantly distanced from existing non-compatible uses, which gives this site merit as an appropriate area to consider initiation of such a use by permitting this tower. Any proposed wind farm will require application for a Special Permit with appropriate review at that time. STAFF RECOMMENDATION: Staff recommends approval of this request to allow an anemometer/met tower in an Agricultural Zoning District, with the following conditions: 1. That a Zoning Certificate application be approved by the Board of Commissioners; 2. That this approval be voided if the anemometer is not constructed within two years; 3. That an anemometer unused as an active facility for a period exceeding one hundred eighty (180) consecutive days, or fallen into disrepair be required to be removed; 4. That construction not occur between the calendar dates of October 5 and April 30, except for the first fourteen days of November; 5. That the guy wires be made highly visible; 6. That the facility be constructed to all State and Federal standards and that the facility continually maintain compliance with all State and Federal agencies; and 7. That GPS coordinates for the anemometer location be provided to the Planning Office. Chairman Shepard opened the floor to public comment. Willard Wood, Cross Ranch, questioned the wildlife impact and requested the Commission to recommend denial of the application. Myron Wakkuri was in agreement. Planner Elmquist provided a copy of the letter from the Wyoming Game & Fish Department addressing that issue. Nick Mathis, representing the applicant, indicated willingness to comply with the recommendations from Wyoming Game & Fish. 3

4 Hearing no further comments, Chairman Shepard closed public comment and brought the issue to the Board for discussion. Commission member Klein asked how long the towers would be in operation. The applicant replied approximately two years. Hearing no further Board discussion, Chairman Shepard called for a motion. Commission member Maston moved to recommend do pass for the Special Use Permit to allow meteorological towers in an Agricultural District with the seven (7) conditions in the staff report amending condition number four (4) to read that construction not occur between the calendar dates of October 5 and April 30, omitting the rest of the statement. Commission member Lockhart seconded the motion. Chairman Shepard called for discussion, there was none; he called for questions, there were none. Chairman Shepard called for the vote and the motion carried. Item #3: Reed Elmquist, County Planner, presented a Special Use Permit to allow transfer of a Special Use Permit to allow reprocessing of tailings piles in an Agricultural District from John Voight, applicant and the U.S. Bureau of Land Management, titleholder. This request was originally applied for by Fred Ells in April of The Board of Commissioners moved to approve the first year test run of the Special Permit to reprocess tailings piles with the following conditions: 1) That the recommendations of WYDOT be continually met and maintained, including item #4, that hauling hours be limited to between 6:00 A.M. and 9:00 P.M.; 2) That all applicable requirements of Wyoming DEQ regarding this operation be met and continually maintained; 3) That this Special Permit be reviewed at such time that an application for Phase 2 is submitted, or on a complaint basis. Staff recommends that the level of review, advertised or not, be determined by the County upon submittal of that application; 4) That loads be washed, tarped and the speed limit to be 15 miles per hour; and 5) Two loads a day be hauled through Hartville. On October 31, 2006 the Board of Commissioners revoked the Special Permit as the use had not been established in a timely manner. This was done with the Mr. Ells s consent, as he was unable to obtain a contract. At the beginning of 2010 Fred Ells was working toward a new contract and once again desired approval of a similar request in order to market the tailings from the previously mined iron ore. He did not intend to do any actual mining, but only rework the existing tailings piles. He had proposed to begin the operation May 1, 2010 and continue until approximately October 31,

5 The hematite fines would be trucked to regional cement plants. move a maximum of six hundred (600) loads per year. The project proposal was to The request was heard and approved by the Planning and Zoning Commission on March 10, On March 16, 2010 the Board of Commissioners approved the request with the following conditions: 1. That the recommendations of the Wyoming Department of Transportation be continually met and maintained; 2. That hauling hours be limited to between 5:00AM and 9:00PM; 3. That all applicable requirements of the Wyoming Department of Environmental Quality regarding this operation be met and continually maintained; and 4. That this Special Permit be reviewed on a complaint basis and/or a time frame the Commission deems appropriate. 5. That loads be tarped and the speed limit be restricted to 20 miles per hour; 6. That the need to wash loads be determined on a complaint basis; and 7. That a maximum of two (2) loads per day be allowed to be hauled through the Town of Hartville. In late 2011, Fred Ells intended to sell the Sunrise town site to John Voight. Under current regulations, transferring a Special Permit requires review by the Planning Commission. However, if the proposed changes to the regulations are approved, this issue will become moot. The applicant has indicated that the proposed haul route would primarily be down Whalen Canyon Road to U. S. Highway 26, avoiding the town of Hartville. ADVANTAGES: The proposed primary benefit would be to allow the applicant to generate funds for restoration projects for the old mining town of Sunrise. The project might provide both a short term and a long term economic benefit to the area. DISADVANTAGES: As trucks will no longer be going through Hartville, there appear to be none. AGENCY COMMENTS: The matter was routed to the following agencies: (At the time of this report no response has been received.) Eric Jones/County Attorney Tim Olind/County Engineer Jim Lockman/County Road & Bridge Superintendent Al Wright/County Assessor Brady Irvine/Platte County Resource District WYDOT/Lowell Fleenor 5

6 DEQ/Ron Ewald, Waste Water DEQ/John Wagner, Water Quality DEQ/John Corra, Director DEQ/David A. Finley, Air Quality DEQ/Don McKenzie, Land Quality DEQ/Carl Anderson, Solid Waste DEQ/Rick Chancellor, Mines DEQ/State Engineer s Office EPA/Cindy Beeler SHPO/John Laughlin WY Military Management Office/Guy Beaudoin Town of Hartville State Parks/Todd Stevenson USBLM/Patrick Moore OTHER COMMENTS: Three letters have been received. (copies attached) Two of the letters, from David and Stephen Stenson, questioned John Voight s statement, Primarily, haulage of the tailings will not involve transport through Hartville in his letter of justification that was copied to the neighboring property owners. They ask for further clarification of Mr. Voight s definition of the word primarily. They further questioned what the impact on groundwater would be and if there is any way to monitor it, what the hours will be, and whether there would be dust and noise control. Additionally, David Stenson questioned the number of workers involved and how much traffic it might generate. Amy Smutz stated that she would not allow access easements or any other part of this operation on her property, if asked. She attached a copy of the letter she sent to this office two years ago. COMPATIBILITY: The reworking of the tailings piles on the interior of this property should have little effect on neighboring properties as long as the operation is meeting requirements of the Wyoming Department of Environmental Quality. 6

7 ANALYSIS: The actual haul route seems to be the most important issue to all parties concerned. Some measures can be taken to lessen the impact of the trucks such as covering loads, limiting the hours of trucking, limiting the numbers of trucks per day, or managing the use in other applicable ways. This can be done regardless of the chosen route. DEQ should regulate the use through Land Quality and Air Quality permitting. This should be the primary source of dust control. Air Quality permits typically requires that dust control measures be implemented for haul routes. Many of the concerns expressed by opponents of the Hartville route are easily understood. Although the Whalen Canyon route appears to be several miles longer, has steeper grades, and is not an all weather route to Whalen Canyon Road, the intent is to upgrade this route to make it more suitable for truck traffic, which would greatly be a benefit for the residents of Hartville. It appears that Whalen Canyon Road is also a school bus route and road maintenance issues exist for county roads as well as for State Highways and for town roads. STAFF RECOMMENDATION: The Planning office recommends transferring this Special Permit, with the same 7 conditions intact: 1. That the recommendations of the Wyoming Department of Transportation be continually met and maintained; 2. That hauling hours be limited to between 5:00AM and 9:00PM; 3. That all applicable requirements of the Wyoming Department of Environmental Quality regarding this operation be met and continually maintained; and 4. That this Special Permit be reviewed on a complaint basis and/or a time frame the Commission deems appropriate. 5. That loads be tarped and the speed limit be restricted to 20 miles per hour; 6. That the need to wash loads be determined on a complaint basis; and 7. That a maximum of two (2) loads per day be allowed to be hauled through the Town of Hartville. Chairman Shepard opened the floor to public comment. The applicant asked for clarification on several of the conditions that would not now be relevant since he was using the Whalen Canyon route instead of going through the Town of Hartville. Hearing no further comments, Chairman Shepard closed public comment and brought the issue to the Board for discussion. 7

8 After the Board discussed clarification of three conditions, Chairman Shepard called for a motion. Commission member Klein moved to recommend do pass for the Special Use Permit to allow transfer of a Special Use Permit to allow reprocessing of tailings piles in an Agricultural District with the seven (7) conditions in the staff report amending conditions two (2), five (5) and six (6) as follows: 2. That hauling hours be limited to between 5:00AM and 9:00PM, on loads hauled through the Town of Hartville; 5. That loads be tarped and the speed limit be restricted to 20 miles per hour on loads hauled through the Town of Hartville; 6. That the need to wash loads be determined on a complaint basis on loads hauled through the Town of Hartville; Commission member Brockman seconded the motion. Chairman Shepard called for discussion, there was none; he called for questions, there were none. Chairman Shepard called for the vote and the motion carried. Item #4: The Planning Department presented a summary of the proposed changes to the Platte County zoning regulations. Copies of the draft were available. Chairman Shepard opened the floor to public comment. questions and opinions expressed regarding the draft. There were some general comments, Hearing no additional comments, Chairman Shepard closed public comment and brought the issue to the Board for discussion. After hearing Board discussion on eleven (11) items that the Planning Department requested clarification on, Chairman Shepard called for a motion. Commission member Klein moved to recommend do pass for the draft of proposed changes to the Platte County zoning regulations with the detailed clarification. Commission member Maston seconded the motion. Chairman Shepard called for discussion, there was none; he called for questions, there were none. Chairman Shepard called for the vote and the motion carried. With no further public business Commission member Brockman made a motion to adjourn. Commission member Lockhart seconded the motion. Chairman Shepard called for discussion, there was none, question; there was none. Chairman Shepard then called for the vote and the motion carried. The meeting closed at 8:30 P.M. Respectfully Submitted, Reed Elmquist, County Planner 8