Okay, I think we can go ahead and get this uh work session started.

Staff wants to uh take it away.

Thank you, Mr.

Chair.

This is Daniel McKenna Foster from the plan department.

Um I'll just be giving a quick overview, kind of big picture of these two cases you're hearing tonight.

I'm sorry I didn't put the case numbers on there.

Um but this is just a work session, so you know decisions being made here tonight.

Um I'll provide a a brief overview and then I'll I'll um Sean is also here we'll be talking about the subdivision case, and there'll be some time to anybody to talk to the applicant or any questions for us.

So without with without further ado, let's get started.

Um so this case is about both the CUP and the subdivision, and you know what?

I'd better read in um what the case numbers are.

I believe it's 2026.

Um zero five and the subdivision case S12867.

So this case um or both these cases are about the conditional use permit and the subdivision, and staff recommend approval of both.

Um so first to start off, the Crow Creek Area Master Plan was adopted by the Assembly um back in 2006.

It's the master plan if needed, that's AO 2006 47.

Um and there's no expiration date in that AO, so that master plan is still in force.

Um another thing is this has been a pretty long project for years, a lot of different steps in this.

Um there are some things the assembly has done when it comes to disposal of land.

Um, and some of that is in a lot of that is included in AO 2023 137, so that's the disposal and development agreement.

And that whole AO that is in the assembly purview and in force for as long as that is valid.

So we're at a lower level than the assembly in the planning and zoning commission, um, and the assembly is the legislative body, they sort of adopt the rule.

So what they decide is sort of the final um decision.

So we can't really get into any of the specifics of that or something decided here tonight, can't really abrogate what's in uh AO 2023.

Fortunately, we have um some real lawyers here tonight.

I'm not a lawyer, so we can ask more questions about that later.

Um so as I mentioned, because the development agreement is part of AO 2023 137.

PCC can't really get into it uh without stepping on the toes of a higher level body.

Daniel, just to put a little bit of a finer point on that before we move on.

Is it fair to say that the leasing provisions that are in our packet are entirely within the purview of the assembly and not this commission?

And so um no amendments or really discussion about those would be appropriate today.

I'll kick that to the our legal team if we could, or HLB.

This is Quincy Arms to the chair.

Um that's correct.

There you shouldn't be discussing them tonight, but you will have an opportunity later.

Every time when when the actual HOA terms are passed, they're they're coming back to the commission.

And that will be a future case before the commission, or it'll be an informational item in the packet, or could you explain a little bit about uh more about how we'll see those?

Yeah, maybe I'll speak to that first and then I'll uh defer to my colleagues.

So the the code says that the commission shall review um the HOA bylaws and articles of incorporation.

Um understanding that this is you know it's a subdivision, it's more about putting the parcels together and not necessarily doing the building yet.

It's it's a little too complicated, I think, to bring those forward now when those pieces haven't really been decided yet.

So we put in one of our conditions, and we'll see you'll see that in the staff report that they have to be presented.

Um the code isn't really clear about whether they come presented as a case.

It just says the PCC shall review them.

Um so our thinking was that we just make sure that they come to you maybe as an informational item.

Um, but I don't know if there's any other discussion on that.

Nope, nothing to add.

Um I I do think that I want to just um wrap this up with a strong understanding of exactly which parts of the leasing provisions and HOA documents are actually able to be discussed or amended by this body um if anyone yeah, I I think we will get into that, especially when we look at the specifics of a PUD.

Unfortunately, just the way the PUD is written it, again, it says the commission the mandatory homeowners association are similar, shall submit for review by commission by the commission the articles of incorporation bylaws of such association prior to the sale of any property subject to the association.

I think in an in a maybe a a different type of case where this was a single private party, no in you know interaction with the assembly or the municipality, it would be a lot simpler to do that.

What's complicated here is that the assembly has sort of already made the decision about that development agreement.

So that's why it becomes a little bit more complicated than normal.

I think if this was just some um private company just working on private land that hadn't been in MOA ownership, it would be a little bit simpler to look at those and and sort of weigh in on that.

But because of this extra piece where the assembly was sort of a party to the development agreement and made a binding decision about that and passed it through legislation, it becomes a bit um more complicated.

But maybe we can when we get back to the PUD discussion and the CUP discussion, maybe we could touch on that again.

Thank you.

Um just moving on.

Project history, this project goes back um 20 years, 2026 now.

Um started with the assembly adopting the Crow Creek plan via AO 2006 47 as an element of the comprehensive plan back in 2006.