Ogden Valley Residents - Public Hearing Scheduled for July 3, 2012

A public hearing is scheduled on July 3, 2012 at 10AM in the Weber County Commission chambers regarding Zoning Text Amendment ZTA 2012-05, amending Chapter 5B (Agricultural Valley AV-3) Zone Section 5B-3.  Permitted Uses Requiring five (5) acres minimum Lot Area to allow Custom Exempt Meat Cutting including wild game, and amend Chapter 1 (General Provision by adding a new definition of Custom Exempt Meat Cutting).

These issues should be a concern for every one in the Ogden Valley.

Garret Jones is asking to allow custom meat cutting in the AV3 Zone and wishes to add a new definition for custom exempt meat cutting. The whole of Ogden Valley and Weber County should be concerned and question the impact of such a change. Citizens at the July 3rd meeting should express all of their questions to the County Commissioners.

One question we should all ask, is how does custom meat cutting, wrapping and preparation of meat (wild and domestic) help maintain Ogden Valley’s rural atmosphere and life style?


Sandi Tuck

URGENT: Two Important County Meetings Today

Custom Exempt Meat Cutting Ordinance on the planning commission agenda

The Weber County Commissioners will hold a regular commission meeting in the
Commission Chambers of the Weber Center,
2380 Washington Boulevard, Ogden, Utah,
at 10:00 a.m. on
Tuesday, the 24th day of April 2012.

Here is the entire agenda.

Here are some items of particular interest to Ogden Valley residents:

 E. Action

1. Request for consideration and/or action on a request for final approval of The Summit at Ski Lake No. 11 including a Subdivision Improvement Agreement in the amount of $108,350.83 and a Survey Monumentation Improvement Agreement in the amount of $700.
Presenter: Sean Wilkinson

 F. Public hearing
1. Motion to adjourn public meeting and convene public hearing.
2. Public hearing for consideration and/or action on staff amendments to the Weber County Zoning Ordinance Chapter 1 (General Provisions), Chapter 9-A (Shoreline Zone (S-1), Chapter 23 (Supplementary and Qualifying Regulations), Chapter 23 (Supplementary and Qualifying Regulations), Chapter 24(Parking and Loading Space, Vehicle Traffic and Access Regulations), Chapter 29 (Board of Adjustment), Chapter 31 (Administration), and Chapter 36-B (Hillside Development Review Procedures and Standards) regarding the Weber County Board of Adjustment.
Presenter: Sean Wilkinson
3. Motion to adjourn public hearing and reconvene public meeting.
4. Action on public hearing.

 The next important meeting is:

The Ogden Valley Planning Commission Meeting
Weber County Commission Chambers, Weber Center (2380 Washington Blvd).
The meeting will begin at 5:00 p.m.
April 24, 2012


Here is the entire agenda.

Here are some items of particular interest:

2. Petitions, Applications, and Public Hearings:

• New Business:

2.1. ZTA 2012-05 Zoning Text Amendment ZTA 2012-05 amending Chapter 5B (Agricultural Valley AV-3) Zone Section 5B-3 Permitted Uses Requiring Five (5) Acres Minimum Lot Area to allow Custom Exempt Meat Cutting including wild game and amend Chapter 1 (General Provisions) by adding a new definition of Custom Exempt Meat Cutting.

3. Public Comments:

4. Planning Commissioner’s Remarks:

Custom Exempt Meat Cutting?   What exactly does that mean?

You may read the planning commissioner packet here.

UPDATED TIME - 5pm. Proposal to add "Custom Exempt Meat Cutting" as a permitted to be heard by Planning Commission

County wide ordinance change proposed and planned to be heard April 24, 2012 @ 5:00 pm.

Our faithful readers will remember the ongoing saga of the meat cutting plant in Liberty.  Last year, the Weber County Planning department approved the business license for Garet Jones to operate a custom meat cutting plant on some family owned land.  Neighbors were upset by the outcome, hired an attorney and requested an interpretation and decision from the State Ombudsman.   Ultimately, the Ombudsman sided with the neighbors and the planning department rescinded the business license.  The Jones' appealed the decision to the board of adjustments, who voted to uphold the decision to revoke the business license.

Now, Garet Jones has proposed an amendment Chapter 5B-3 and 1-6 as a permitted use to add "Custom Exempt Meat Cutting".

From the Staff Report:

The petitioner is proposing to amend Chapter 5B (Agricultural Valley AV-3) Zone Section 5B-3 Permitted Uses Requiring Five (5) Ares Minimum Lot Area, to allow Custom Exempt Meat Cutting as a permitted use and amend Chapter 1 (General Provisions) by adding a new definition of Custom Exempt Meat Cutting. The proposed definition of the Custom Exempt Meat Cutting is as follows: The cutting, wrapping, and preparation of meat for human consumption; provided, however, that the source of meat shall be limited to animals that are part of one or more livestock operation(s) in Weber County, and/or wild game.

The applicant is also proposing two standards for this type of operation, besides being on 5 acres. The first standard is the parcel would have to be located with access to a collector or arterial road as shown by the Weber County Transportation map and the second condition is that the operation needs to be located within a completely enclosed building with no outdoor storage.

You may view the details by visiting the Weber County Miradi.

The Planning Staff is recommending that the planning commission amends the ordinance as proposed.
Staff Recommendations:

Staff recommends that the Planning Commission recommend to the County Commission approval of Zoning Text Amendment ZTA 2012-05 amending Chapter 5B (Agricultural Valley AV-3) Zone Section 5B-3 Permitted Uses Requiring Five (5) Ares Minimum Lot Area to allow Custom Exempt Meat Cutting including wild game, and amend Chapter 1 (General Provisions) by adding a new definition of Custom Exempt Meat Cutting based on the following:

• The use is supported by the General Plan
• The use will allow support and/or supplement a farmer’s agricultural pursuit
• The use is less intense than other uses such as regular daycares, fur farms, contractor equipment storage as part of a farm/farm operator, commercial garden center, and animal hospitals/clinic
• Similar uses are already allowed such as a slaughter house, slaughtering up to 500 rabbits, turkeys, beavers, frogs, and other animals
• Historically found as part of a rural agricultural area 

The conditions for approval:

• The use be allowed in a separate building with no outdoor storage
• The use is to be accessory to a dwelling on a 5 acre parcel
• Located with access to a collector or arterial road

Proposed definition to be added to Chapter 1 (General Provisions) Section 1-6 Definition:

Custom Exempt Meat Cutting: The cutting, wrapping, and preparation of meat for human consumption.

Proposed language for Chapter 5B (Agricultural Valley AV-3) Zone

Section 5B-3 Permitted Uses Requiring Five (5) Ares Minimum Lot Area: Custom Exempt Meat Cutting limited to animals that are part of one or more livestock operation(s) in Weber County, and/or wild game; located with access to a collector or arterial road; the operation be located within a completely enclosed building with no outdoor storage, and as accessory to a dwelling.

This should generate a meaty discussion.  Dig in humble readers!

 

Board of Adjustments Agrees With Ombudsman and County Commissioners

We just heard that the Board of Adjustments sided with the neighbors in the appeal by Garret Jones.  Our readers will remember that the county planners issued a conditional use permit but later rescinded it after reviewing a decision from the ombudsman.  The Jones' were operating an elk processing facility in the AV-3 zone.

One of our faithful readers posted an analysis of last night's meeting, and we will post Richard Sorensen's play by play comments here:

I attended the Board of Adjustments meeting tonight and took a few notes.

The meeting started with Doug Dickson stating he had a conflict of interest.   There was a lengthy discussion, but ultimately Doug recused himself and an alternate took his spot.   The alternate was Rex Mumford, of Huntsville.   That process took about 30 minutes.

Jason Nelson, the attorney representing the Jones', made his case stating that the meat cutting was ancillary to the domestic elk farm.  He went on to say that there was one large business (a domestic elk ranch) and several smaller businesses,  all working under the umbrella of the larger business.  Those businesses include an Elk Hunting operation and a meat cutting operation.

Board member Phil Hancock asked, "Who owns the Elk once blood is drawn."  Attorney Nelson had Garrett Jones step up to the mike to answer and Garret concurred that once shot, then the elk is the shooter's property.

Deone Smith asked Garet several questions about disturbing the neighbors.  She asked, "What remedies have you taken to appease the neighbors?"    She also asked if he had tried talking with the neighbors.

They also said that while licensed to cut all types of meat, the Jones' business was limited to Elk.  They also said that the Elk arrive beheaded , cleaned and skinned.

Attorney Jodi Hoffman, representing neighbor Brett Barry, then made her presentation.  She stated that Brett is 130' from the facility.  She showed a nighttime picture of a hog hanging by its feet that appeared  ready to be slaughtered.  She also showed a hand painted sign that said,

Prime Cut Co

Wild Game, Beef, etc.

Cut and packaged

The Jones' attorney countered by stating that the hog belonged to a family member and was a onetime event.

After both sides rested, Rex Mumford made a motion to allow citizens to comment on the matter while limiting the comments to no more than three minutes.  No one seconded the motion, and the motion died for lack of a second.

The board decided to deliberate in private and present their decision in public.

Their unanimous decision was to uphold the ombudsman and county commission's recommendation.

Richard Sorensen

Huntsville

REMINDER: Board of Adjustment meeting this afternoon @ 4:30 PM

Here are the details:

Weber County Center

2380 Washington Ogden UT

February 22, 2012

Time 4:30 pm 

 

The Agenda is an appeal by Richard Ralph Jones & Rulon Kent Jones represented by Garet Jones, land Use Permit LUP 64 2011

This permit is for the Meat Elk Processing & Packing business in the neighborhood of 4100 N 3800 E Liberty UT.

 

Our readers will remember the ongoing Elk Processing saga, but just in case you need to brush up, we'll include a link here. 

 

If you would like to review the agenda, click here.

Attend the meeting then update us by posting the results in the comments section at the end of the meeting.

Weber County Board of Adjustment meeting- Be there!!!

Weber County Center

2380 Washington Ogden UT

February 22, 2012

Time 4:30 pm

The Agenda is an appeal by Richard Ralph Jones & Rulon Kent Jones represented by Garet Jones

land Use Permit LUP 64 2011

This permit is for the Meat Elk Processing & Packing business in our neighborhood around 4100 N 3800 E Liberty UT

We have experienced Semi Trucks early morning & midday Pickup trucks & flat bed trucks with uncovered full animal carcasses.

A honey bucket is in the Public Right of way. The front of the building is 29 feet from the public right of way.

This single permit like this can set a president for all of Weber County. We are asking Ogden Valley residents that are concerned to attend and provide input on this issue.

Contact Sandy Tuck at 801-745-6687 or Scott Mendoza at 801-399-8764 with any questions.

Sandy Tuck

Guest Post from Sandi Tuck - updated

Board of Appeals scheduled for Thursday @ 4:30 PM

I have been unable to obtain a postponement of the BOA hearing scheduled for Thursday, January 26th. I need a commitment from each of you that you will be able to attend the hearing and give testimony about your experience with the butcher shop. Although I have no current information, the last time the BofA met, the meeting convened at 4:30, at the Weber Center (2380 Washington Blvd).

I am asking residents of the Valley why Rulon & Richard Jones are able to put a Meat Cutting Packing business in our neighborhood . Their Commercial business name is Prime Cuts Meat. Description Meat Cutting Information given to Weber County Was that Water was optained from a private Well.

State of Utah Division of Water rights states records indicate well drilled in1965 from which water is diverted for a Domestic residence watering of livestock appears to be WATER RIght 35-1634 allows one single family unit & stock watering of 18 head of stock. The current records do not indicate a valid established water right. I have the full letter. The frontage of the dock is not 70' from Poulter's Home They ( Jones) have brought Semi trucks that block the entire road Also one large 53 ft. semi that could not turn around The children walk by full carcasses and Heads being delivered etc.

They do not have parking but employ 2 to 3 people. Last but not least, The State of Utah Department of Commerce Office of the Property Rights Ombudsman says that the countys interpretation that as it stands prohibits certain agricultural industry or business in the AV-3 zone

The business undertaken by the Landowners guided hunting with cutting & processing WILD ELK obtained off of the lot (which lot ?) is inescapably of the type and Prohibited in the Zone

This Board of Adjustment meeting seems to be pointed at overturning the recommendation of the Ombudsman's opinion that has been supported by the Weber County staff.

We need everyone possible at the meeting on the 26th to speak up on this issue.

I do have more info please call 745-6687 Sandi

UPDATE: 1/23/2012 @ 8 pm

We have received notices from several concerned neighbors and one included this Notice of the hearing  from the Weber County Planning Office.

For More information on the application you can visit the Weber County Miradi at:

https://miradi.co.weber.ut.us/projects/view/154

Elk Processing Facility Land Use Permit Rescinded

Weber County Planners decide to "comport with the Ombudsman's opinion

In a surprise move, the Weber County Planning Department has rescinded the Land Use permit that allowed the Elk Cutting Facility to operate in Liberty.  The permit is rescinded effective December 6, 2011.

Click here to view the letter from Weber County to the petitioners.

What say ye humble readers about the county's decision to head the Ombudsman's recommendation?

Ombudsman sides with Liberty Neighbors

In the case of the Liberty neighbors vs. the Elk processing plant, the Property Rights Ombudsman has rendered his opinion in favor of the neighbors.

The Ombudsman was asked tasked with two issues:

1)  Is a custom butchering and meat packing business a prohibited use in the county's AV-3 Zone? and
2)  Does the Weber County code authorize the planning staff to serve as the land use authority in this matter?

Click here to read the document: Office of the Property Rights Ombudsman Opinion

The eleven page document is an interesting read while sipping your cappuccino during commercials of X-Factor, but it boils down to the issue of who is authorized under county ordinances to decide if a use is permitted: planning staff or the planning commission.

We think the planning department should always err on the conservative side by sending any questionable use to the planning commission for review, and the ombudsman apparently agrees.

The Ombudsman concludes:

The County Ordinance language, as it presently stands, prohibits certain agricultural industry or business in the AV-3 Zone.  The business undertaken by the landowners, guided hunting with cutting and processing wild elk off the lot, is inescapably of that type and prohibited in that zone.

It now appears that the ball is in the County's court.

Elk-processing operation in Ogden Valley upsets neighbors

 An Elk Processing operation has Liberty neighbors upset.  While we have heard bits and pieces of the issue, this Charles Trentlemen article spells it all out as only Charles can do.

From the 10/25/11 Standard Examiner:

Elk-processing operation in Ogden Valley upsets neighbors

Here is an excerpt from the article:

Garet (Jones) said his grandfather actually owns the 6.15-acre plot, but put his children's name on the deed to make inheritance simpler. He said Rulon, his father, has no connection with the butchering operation.

Garet and Lance say their butchering meets all health and zoning codes and qualifies as agricultural use in an agricultural area.

(Sandi) Tuck, who lives two houses north, has been vocal that the cutting operation is not legal.

Tuck said she has served on local planning councils for years and disagrees that the cutting operation fits the definition of "agricultural."

"They are not connected (to the adjacent ranch), and that makes them totally illegal," she said Friday. "That makes them a commercial meat-cutting business in the middle of a residential agricultural district.

"Their side yards, their front, everything is totally illegal. They do not have parking."

(Bret) Barry, the neighbor immediately north of the Jones property, said the situation just doesn't look right to him.

"This is a residential neighborhood -- you know, with children -- and I don't believe what they've applied for or the way they've applied for it is within the ordinance," he said. "As far as I know, they've applied for family use and have begun commercial slaughter."

In a legal brief about the dispute filed with the Utah State Property Rights Ombudsman, Barry's attorney, Jodi Hoffman, states that the meat-cutting operation violates zoning, will create noise and smells and is "contrary to the public interest."

The Weber County Planning Commission approved the use in September. Early this month, the commission approved its business license.

Expecting trouble

Weber County Planner Scott Mendoza said he knew the case had potential for dispute when Garet Jones' request came in.

"It would certainly be a commercial use if he was opening up a butcher shop," Mendoza said, but the Jones family also raises elk on that parcel.

"So he wanted to continue raising elk and be able to cut the elk meat," Mendoza said, but the elk would actually be killed somewhere else.

"To be honest, I looked at that and said, 'This is one I'm going to sit down with the entire staff and talk about it.' "

What the staff decided was that the county's zoning ordinance definition of "agriculture" was so broad, they needed to narrow things down.

In the Utah State Code, Mendoza said, agriculture is defined as "the science and art of the production of plants and animals useful to man including the preparation of plants and animals for human use."

Further definitions show that "preparation" includes cutting and grinding meat from livestock. "Livestock" includes domesticated elk.

Mendoza decided that fit what the Joneses were doing, but said he also knew it was a matter of reading definitions.

"We also looked at it from the other point. What if we didn't issue? These things can be turned around ... " and the Jones family could challenge him.

"So you can see the county was in a bind," Mendoza said.

(Attorney Jodi) Hoffman, representing Barry (a neighbor), said the county did "results-oriented" research, meaning it wanted the answer to favor Jones and looked for a way to justify that outcome.

"I think the county clearly fudged in favor of the applicant," she said. "They kind of grabbed definitions that fit their purpose."

Hoffman said the county planners interpreted broadly and in favor of the Jones family, when the planners clearly should have defended the neighbors instead.

 Here's your chance Ogden Valley.  To Butcher or Not?  That is the question.