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Posted on: June 28, 2019

City Initiated Mineral Extraction Text Amendment

City Council Chambers

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 20, 2019 Draper City Council agenda.  The meeting starts at 7:00 p.m.  

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