The Planning Commission heard this item last night at the Planning Commission meeting (June 27, 2019):
Draper City is requesting a text amendment to Draper City Municipal Code (DCMC) Section 9-13-080, Table 9-13-1 in order to change Mineral Extraction from a conditional use to a not permitted use in the M2 (Major Manufacturing) zone.
The Planning Commission forwarded a positive recommendation to the Draper City Council on a 5-0 vote.
- There is only one M2 zone in the city.
- Amending the current code, by making mineral extraction a not permitted use, does not affect the existing three mining operators at the Point of the Mountain.
- Draper City is not trying to prohibit, regulate or shut down current mining operations in the city.
- In 2016, Geneva Rock applied for an Administrative Interpretation of Nonconforming Use Status of the gravel operations. On June 24, 2016, the Zoning Administrator determined gravel operations on 260-acres of their property, including the M2 zone, are a legal nonconforming use which may continue and expand. The proposed text amendment does not affect the current operations or the expansion of their operations within the defined M2 zone.
- Last year, Geneva Rock requested a rezone of their property located in the A5 zone and to change the conditional use to a permitted use at the September 13, 2018 City Council meeting. Geneva withdrew this application during the meeting, On October 30, 2018, the City Council adopted Resolution 18-82 giving notice of pending amendments to remove Mineral Extraction from the M2 Zone.
- Draper City is requesting a change in land use, not zoning. The City does not foresee this change prohibiting, restricting or adding regulations to the current mining operations within the M2 zone, it is a simple change in land use. The existing mining operations are considered a legal nonconforming use
- The proposed text amendment would not prohibit Geneva, from renewing its zoning application on its A5 property and to ask for a text amendment to the city code to allow mineral extraction as a conditional use or permitted use in the M2 zone.
Mineral extraction definition: Removal of sand, gravel, dirt, or other materials by grading or excavating.
This item is planned to be heard as a Public Hearing on the August 6, 2019 Draper City Council agenda. The meeting starts at 7:00 p.m.