typographical error identifying the nat gas power plant allocation as a solar power plant on its front page. Despite that error, the findings report substantially addresses natural gas power plant, and this appeal concerns the conditional use permit for the Wells Draw Energy LLC natural gas facility, not solar project. Under Utah law, a land use decision is presumed valid only if it is supported by substantial evidence and is legally correct.

A decision is arbitrary and capricious when required findings are unsupported by evidence and illegal when the governing ordinance is misapplied. Utah appellate courts also require written findings detailed enough to permit meaningful review. Conclusory findings are not enough. Duchenne County Code Section 813.4 requires 3 findings before a conditional use can be approved. First is that the use will not be unduly detrimental to public health, safety, or welfare.

The second is that it complies with the county general plan. And third, that the site is of adequate size and dimensions to operate without being interior- interiorly detrimental to surrounding properties. The April 2nd findings and documentation provided in the original findings report at the time of the hearing do not meet these standards. First, the finding of the general plan consistency is conclusory. The findings report states only that the General Plan supports economic development in energy-related industries.

It does not identify any specific General Plan policies, nor does it analyze how this project complies with the General Plan when read as a whole. Economic development cannot be treated as a determinant. The General Plan also includes policies addressing resource protection, recreation, and tourism. Tourism, scenic corridors, wildlife habitat and migration, and public access. Those policies were raised in- those policies were raised in the appeal already submitted, and these are directly implicated by this site, yet the findings report does not analyze or reconcile them.

The Commission also appeared to accept the notion that this project is appropriate because natural gas development already exists in the area. That assumption is unsupported by the record. Existing gas extraction is not the same land use as what was approved here. The findings report also does not identify any prior conditional or industrial use on the subject parcels. The land is zoned as A-5 agriculture, and the record contains no findings that the parcels were previously used for any energy production or any other non-agricultural purpose.

Accordingly, this conditional use permit represents a change from agricultural open land to a permanent industrial power generation use. State and oil and gas mapping maintained by the Utah Division of Oil, Gas, and Mining shows regional oil and gas activity in the Wellstra area, but does not identify an existing industrial power