Staff housing proposed near Lisbon Mine

by David Boyle
News Director
Members of the San Juan County Commission approved a rezone to allow temporary housing near a mining complex, approved an increase in transient room tax, and tabled a decision on a subdivision built around a private airstrip.
Members of the commission approved a rezone request by Lisbon Valley Mine following a public hearing at their June 3 meeting. The mine had requested a rezone of a small part of the northwest corner of their property from industrial to multi-use to allow for temporary staff housing.
The county planning and zoning commission recommended approval of the zone change, citing the need for temporary housing, with public comments at the hearing also sharing support of the rezone.
Commissioners approved the rezone request, adding that the creation of employee housing will allow employees of the mine to work as they look for long-term accommodations.
Members of the county commission tabled a decision related to the Sky Ranch subdivision, which would build homes around a private air strip in Spanish Valley.
Deputy County Attorney Jens Neilson explained the phase 2 approval of the subdivision was remanded to the county commission through the court system, with the judge asking the commission to answer whether the air strip is within the subdivision boundary, which was agreed upon, and the question regarding safety.
Neilson provided some history of the airstrip and the subdivision, with general consensus being that the airstrip has been in use since the 1980’s.
In 2000, phase one of a subdivision known as Sky Ranch was approved with six lots around the air strip. In 2021, phase 2 was approved with two additional lots added to the development.
Neilson said the county received a lot of public comment regarding the subdivision, with safety being the key concern.
Nielson said that the county staff opinion at the time was not to determine the safety of the private airstrip, but to consider whether or not to approve the additional two lots in the subdivision.
After discussion the commission voted to approve phase two and as part of that approval there was a request for safety data. Nielson said the applicant provided a safety report from an expert which said the project could be done safely.
A property-owner adjacent to the project also commissioned a safety report which shared that the project would not be safe.
Members of the commission voted to table the decision to allow for further review. The commission also asked for clear photographs of the airport before and after alterations made in 2017 to inform their decisions regarding safety and non-conforming use. 
Commissioners heard from Carl Spielman, an adjacent property owner and retired commercial pilot, who is opposed to the project. Spielman argued that the airstrip’s non-conforming use status is no longer valid due to alterations in 2017 made without a permit.
Spielman said county planners work tirelessly to mitigate hazards from proposals.
“They mitigate increased traffic with road changes like acceleration and deceleration lanes. They mitigate drainage hazards with retention ponds. Why has San Juan County refused to acknowledge what amounts to a three-dimensional hazard to the neighbors and residents of Spanish Valley?
“There are three airports within the county on which they consulted with airport design professionals. That would be Cal Black, Monticello, and Blanding. Think about the vast open space surrounding Monticello airport, for instance. That airport is designed properly and is not even situated within an already established residential area, as is Sky Ranch.”
Legal counsel for Spielman Jim Anderson said the airport poses hazards due to high density altitudes, terrain, gusting winds and a lack of buffer zones.
Attorney for Sky Ranch Justin Matkin argued the idea that the air strip had been abandoned is untrue and that public airport standards don’t apply to private airstrips. Matkin also claimed that prior to 2017 changes to the air strip, they contacted the county and had been told no permit was required for the work. 
Sky Ranch safety expert Larry Williams, an FAA aviation safety inspector, said that the 3,700 feet is plenty of runway for small aircraft except in extreme conditions, noting that pilots have final say as to whether their flight takes place and reiterating that the FAA determination since 1984 is that the runway is safe and efficient use of the air space.
Two northern San Juan County residents also voiced opposition to the development as part of public comment. 
Commissioners asked about the potential for commercial use at the airport, with Sky Ranch attorney saying they have no plans for that and if they did it would require additional approval. Sky Ranch also offered to have regulations and rules enforced by the county to have residents restrict the number of aircraft and flights allowed as the county sees fit.
Members of the commission asked for that to be provided in writing as part of their tabling of the item.
Members of the county commission also approved the removal of the word “draft” from the Spanish Valley Ordinance approved in 2019. County staff explained there is confusion in the public as the word “draft” appears on the approved Spanish Valley Ordinance.
Members of the commission approved removing the word draft from the published version, not making any changes to the ordinance itself but instead making the language of the public version less confusing.
Members of the commission also approved the receipt of a $12 million federal grant to pave a county road. County road superintendent TJ Adair explained the Central Federal Lands Highway Division will fully fund the paving of 4.7 miles of county road 285 to Nizhoni Campground. 
The project is ranked second on the state priority list with Adair saying a high chance of being approved between 2028 and 2030.
Members of the county commission also approved an additional .25-percent county transient room tax (TRT) starting July 1.
At the latest state legislative session HB 456 was passed increasing the state TRT rate by .75-percent and allowing an option for counties to impose a .25-percent increase as well, with one-third of the state increase going to an Outdoor Recreation Mitigation Grant Fund.
Smaller classified counties, including San Juan, that adopt the .25-percent increase are eligible for grants from the fund which can be used for visitor-related emergency and safety costs including Emergency Medical Services, Law Enforcement, Roads and Solid Waste Disposal.
With nearly $7 million in funds for smaller counties, members of the commission accepted the increase to have more funds to cover the costs to the county that are related to visitors. Members of the commission acknowledged the increase creates difficulties for hotel operators who have already set rates
In other TRT news, the county approved a letter of financial commitment for county participation in a $225,000 state co-op marking grant from the Utah Office of Tourism. The agreement essentially doubles the county marketing budget.
A letter was also approved for a Blanding city application for a smaller co-op marketing grant to support the city Bears Ears Marathon.
Members of the commission also considered a request for additional compensation for the county surveyor.
County assessor Rick Meyer shared he recently learned that the county surveyor receives additional compensation as a result of requirements for licenses, with the assessor position also requiring licensing.
Meyer requested the assessor have the same compensation as the surveyor in the future.
County Administrator Mack McDonald noted the process for elected official pay increases are laid out by Utah state code and require a public hearing.
County Commissioner Lori Maughan said the positions are a bit different as assessors can receive their licensing after being elected while surveyors must have four year degrees and an additional four years of apprenticeship to be licensed and even be considered for the county position.
Maughan asked for additional information, including comparative pay data from other counties, before making a decision.
Members of the commission also approved three public health contracts for periodic screening as well as case management to help county children receive health services.
Another contract was approved with the Utah Department of Environmental Quality to fund the main responsibilities of the county Environmental Health Director.
Members of the commission also approved two leases for sheriff vehicles lasting three years each. As part of the approval, county staff said they may review the strategy for leasing, as 13 other vehicle leases are set to expire next year.