All right, we'd like to welcome you all to our planning commission meeting um for Thursday, October 9th, 2025, in the city council chambers.

My name is Lisa Fowler.

I'm the vice chair of the planning commission.

Um our chair is out of town, so he's not um serving tonight, but I'll serve in his place.

Um also because I'm um a regular voting member of the commission, I'll be also voting.

Um usually the chair doesn't, so we just want to didn't want to confuse everyone.

Um and we want to thank the staff for your hard work preparing our information and our packet.

Thank you for putting that together and for being here tonight with us.

And um commissioners, thanks also for coming.

Um we're gonna start our meeting tonight with action item 1A, which is um approval of the planning commission meeting minutes for September 11, 2025.

Commissioners, do I have a motion?

I'll make a motion.

Go ahead, Mary.

I move we approve the planning commission meeting minutes for September 11, 2025.

Okay, and um a second, please.

I'll second it.

Thank you, Gary.

We'll put this to a vote then, Mary.

Yes.

Yes.

Oh, I thought you said Gary.

No, I said Mary.

We rhyme.

Yes.

Now, Gary, please.

Yes, thank you.

Kendra.

Yes.

And Susan.

Yes.

And then myself, yes.

Okay.

Thank you all.

Um, the next item is a public meeting of regarding Ridgewood subdivision plat amendment request.

This is administrative action on the request of Blaine Smith at the Safe Care Family Trust, a subdivision plat amendment on approximately 0.32 acres, located at 14684 South, Maple Park Court.

This is known as application 2025-0002-SUB.

Our staff contact is Mary Ann Pickering, who's not here.

Is someone taking her place tonight?

Yes, I'm covering for her tonight on this one.

Great, Todd, thank you.

Please go ahead.

Yep.

So this is an amended subdivision plat.

Uh you can see here kind of the vicinity.

Uh 14684 South Maple Park Court.

Uh it involves two lots that kind of back up to each other uh as you kind of go around the uh curve in the road there.

Uh the aerial map probably shows that a little bit better there.

Uh and then this is in the residential low medium density land use.

And it is in the RM zone, and the South Mountain Agreement uh kind of controls that.

So as you know, the RM zone is not currently in our current ordinance.

Uh this is really more of a full boundary line adjustment type of application.

Both WATs are going to continue to meet the minimum standards for that RM zone, and the existing structures will continue to meet the minimum setback requirements.

Maybe if I can get to it, you can kind of see they're just kind of moving the line from where it is right there.

I'm gonna move the property line there between both properties.

This is in the subdivision plat, they do need to amend the plot to make this happen.

As well.

With that, that is the presentation.

Do you have any other questions I can help answer?

Commissioners, any questions?

No.

Do we have the applicant here to um share an information?

Come on up.

If you'll please um tell us your name and then share anything that you you'd like to share.

Uh my name is Blaine Smith, and I'm the one that applied for the plat amendment.

Uh so I've lived in the house for about six years now, six, seven years, and then uh I I live at a lot, and then it's an uphill grade, it's all wild area to the existing house.

And when I moved in, there was a section of my backyard that was in on their property line.

And I didn't even notice it until we till I I bought it.

And I talked to the late the uh woman that uh lived there uh to see if I could purchase that piece, and she says, Yeah, I'm interested, but could never get around to it.

And then a new guy moved in about a year ago, year and a half, and he wanted to put a fence around his yard, and it the fence would go down the lot because he had dogs, and he realized that part of that was in my yard, and I said, Yeah, I know.

I've been trying to try to do something with it.

And he said, Would you be interested in purchasing that section?

Because he it's just impossible for him to put the fence down there, it would go onto my yard.

And I said, Yeah, I'll I'll go ahead and do it.

And so he agreed that uh that I that I would purchase it.

I I purchased or I paid him for it, and now it's just a matter of going through the process of adjusting the plot amendment.

It seems like it's because of grade and and stuff.

Yeah, you want to do that.

The grade goes down and then it levels out a little bit.

Uh for and that's where he put the guy that lived there before me put in the lawn.

But for him to put in a fence, it would go down off boulders, and it just makes no sense for him.

And he was perfectly willing to, you know, in fact, he came to me and said, Would you like to purchase it?

And I said, Yeah, I've been trying to for a few years now.

And that's pretty much all it is.

Nothing's going to change at all.

The lawn is already there.

It's just changing the boundary, and the fence now goes along the new boundary.

Commissioners, do you have any questions for the applicant?

Okay.

Thank you.

We'll call you up if we need to.

Thank you.

So this is an item that we have no public comment for.

So we'll go ahead and let the commissioners um discuss, or um, if someone wants to propose a motion, we could entertain that.

Any comments?

Any discussion?

Okay.

I'll make a motion.

Susan, go ahead.

I move that we approve the subdivision plot amendment as requested by Blaine Smith of the Safe Care Family Trust and property owner.

Subdivision Plot Amendment application 2025-0002-SUB based on the following findings for approval and subject to the requirements as listed in the staff report dated September 30th, 2025.

And there's just the one finding that there is good cause for the amendment and no public street or municipal utility easement will be vacated or amended.

I think Susan.

Is there a second?

I'll second.

Thanks, Kendra.

Susan, how do you vote, please?

Yes.

And Kendra.

Yes.

Mary?

Yes.

Gary.

Yes.

And myself, I'll vote yes as well.

So thank you for coming in and for making that change.

The right way.

Appreciate that.

Our next item is an action item.

Um the Zwicky IADU deviation request on behalf of Jerry and Frank Zwicki, a deviation request from strict compliance with the geographical restrictions for internal accessory dwelling units or IADUs for approximately 0.28 acres located at 1712 East Wiley Lane, known as application 2025-0162-VAR.

Nick Whitaker's our staff contact.

Nick, go ahead.

Thank you.

So yes, this is the Zucki IADU deviation request.

Here's a vicinity map.

Um mile radius of the property here in the middle.

Here's the subject property.

The uh land use is residential medium density.

The zone is RM, which is multi or I'm sorry, multiple dwelling residential uh South Mountain Agreement.

And as mentioned, it is in the IADU prohibited area, which is why the applicant is seeking a deviation.

The applicate, I'm sorry, the uh applicant has submitted um plans.

Um here is the site plan.

Uh the IADU that they're proposing would be in the basement.

Um as you can see here, there is no detached accessory dwelling unit on the property, and they're able to provide two off-street parking stalls that meet um our standards uh in the Draper City Municipal Code.

Here's the floor plan.

It has its own walkout basement, and that is how it is accessed.

Um again, it's in the basement.

Here are the elevations.

So the um the uh entryway is actually right here.

That's actually quite nice how that's designed.

Uh here's the east elevation, and I the prior one here was the north.

Here's the east, south, and west.

So the criteria for approval.

Um there's there's four criteria.

Um one, the lot or parcel on which the primary dwelling is located is at least six thousand square feet, which this property is.

Um two, no DADU exists on the property.

Uh, there is no DADU on this property.

Three, the proposed IADU meets all of the requirements of sections 9-31-030 and 9-31-045, including other applicable requirements of this chapter.

The applicant has met these requirements.

And number four, at least two parking stalls meeting the requirement of 9-31-045B2 are provided for use by occupants of the IADU and is shown on the site plan.

They meet that as well.

And that is the end of my presentation.

Thank you.

Please state your name first and then tell us what you want us to know.

Hi, I'm Frank Swicky.

And you pull that microphone down closer to your mouth.

Thank you.

Perfect.

Frank Swicky, homeowner at 1712 East Wiley Lane.

We got into a little bit of a sicky situation with our general contractor.

Um and have since taken the permit away from him.

He never did wind up getting the permits.

And we kind of fell into the situation.

We're very grateful to everyone who's been helping us out to get through this.

And um luckily it seems to be working.

Is there any other information I can relay or let's see, Commissioners, any questions?

Just to clarify, you are living in the upstairs and then renting the basement.

Yes, the plan may be for my mother's in-law to come and take the upstairs.

She's elderly, and we want to put her on one level.

And we would live in the basement.

Okay.

Great.

That's the plan.

Anyone else?

Okay, thanks for coming up.

We appreciate it.

We'll call you up if we need more, if we have more questions.

Um any other questions for staff?

I do.

Yep.

I thought one of the requirements was that the owner of the home had to live in the main part of the home.

Is that correct?

That's correct for the ADU application, but not for there.

There's not a requirement for that in the uh D in the uh deviation.

So when they when they apply for the actual ADU, they will they will have to do an owner occupant agreement.

So the code requires owner occupancy of the property.

It doesn't matter which unit they live in.

Okay.

Okay, thanks.

Good.

Anything else?

Any questions or any discussion?

Yeah, we won't we won't have a public comment um hearing right now.

We'll we don't need that for this item.

So um commissioners, anything else, or will someone like to make a motion?

I can make a motion.

Thank you, Kendra, please.

I move that we approve the deviation request from strict compliance with the geographical restrictions for IADUs as requested by Jerry and Frank Zwicki.

Application 2025-0162-BAR based on the following findings and the criteria for approvals is lifted in as listed in the staff report dated September 9th, 2025.

And that would include the four items listed in the staff report.

Great.

Thank you.

Is there a second?

I'll second that.

Gary, thanks.

Let's put it to a vote.

Kendra.

Yes.

And Gary?

Yes.

Susan?

Yes.

And Mary?

Yes.

And myself, yes.

I vote also yes.

So thank you.

Appreciate it.

And um good luck with that.

Okay, we'll move on to our next item, which is a public hearing.

So we will have public comment on this item.

It's the Kimball's Junction Edition zoning map and land use map amendment request.

On the request of Mike Winters, representing Edge Homes for a zoning map amendment from the RA2, which is residential agricultural zone to the RM2, which is multifamily residential zone, and a land use map amendment from the residential low medium density designation to the residential high density designation on.83 acres of property located at 625 East, 1190 South.

It's known as applications uh 2025-0171-MA and 2025-0169 MA.

And Jennifer is our contact.

Jennifer, take it away.

Thank you.

So you guys um saw applications on adjacent property in May, June frame.

Um so the applicant um edge homes is looking at purchasing an additional property to add to their overall um project.

Um so it's a triangular piece here that gets access off 119th south.

Um so zoning said the um everything in residential high density here is part of the original project that was uh approved with rezone uh land use map amendment and development agreement in June.

Um so the request is to change the uh land use to residential high density and then uh zoning change the zoning from RA2 to the RM2.

Um typically RM2 allows up to 12 units per acre with the development agreement that was approved in June.

Um it allows 25 to 27 units per acre and that is because they are next to the track station and they're part of the station area plan for that uh track station um yeah so sorry so that's the property um so the development agreement did include um language that um they if if the applicant acquires property adjacent to the property they already had on the north side of 119th they can include that in their development and their density allocation um and it does set the density to that maximum 27 and then there's uh an image of the property and I'm happy to answer any questions so they don't have to go back and amend the development agreement because it stipulated that if they added to it they yeah so with this language they don't necessarily have to go in and amend the agreement but the agreement's not until it's amended it's not tied to the property they you will see an amendment in the future um edge will come in with a concept site plan um and an amendment to the development agreement that will lay out that concept site plan's development standards things like that and at that time we can add the property to the agreement okay thanks is do you think they're gonna um try to attain more property too that would be a question for the applicant yeah that's a good idea any other questions for staff no okay let's call the applicant up if you'll state your name please and then tell us what you'd like us to hear tonight.

Yeah so my name is Brandon Watson uh Mike Winters who's the applicant he I'm gonna say he drew the short straw and got to stay home tonight so I get to be here um yeah um anyway so um yeah so the the Dunn family had reached out to us uh and it wanted to be part of this uh this is obviously post uh prior um uh time here before you guys so right now we don't have any plans to to purchase any more land I mean obviously if somebody comes to us and has a desire to move or or whatnot um we'll definitely take a look at their their property but right now this is this is what we have so uh but yeah but we're this being contiguous to our property um and not really knowing at the time when we put this into the development agreement weren't quite sure what was going to happen with the JSON property owners we just thought this would be a safe way to you know let everybody know where the station area plan covers and this little quadrant I guess is really uh a a prime spot that is very applicable to the station area plan so uh we just added that clause in there at that time so but I'm happy to answer any questions you might have.

Questions no okay we'll call you back up after probably after public planning to get more more lots I know you said you're not really looking but if someone calls you you'll add it to it if it makes sense.

Yeah I mean obviously it's uh this little quadrant like perfect yeah yeah north of 119th obviously the done parcel which is the one we're talking about tonight was kind of a it's the last little puzzle of everything west of the canal there so uh obviously it makes sense but for those that are along 119 south right now there's been no discussions with them about purchasing their landball lane those homes up there um correct we yeah okay that's correct I actually do have a question will 119th dead end um into your property or will um you connect it I think we have you have to have two exits don't you from the property correct yeah so yeah so 119th has kind of been uh I don't know the great Oz that's what's gonna happen here when we we get into 119th so currently 119th south is dedicated as a public roadway um through and across the subject property that we're talking about and then it at that point becomes private um our intention is we don't want to send traffic down 119 south um or we want to restrict the amount of cars that we'll go down 119th south back out to seventh east so our plan right now is to have access is onto Kimballs Lane and then we're working with the canal company to get a crossing um and an easement across their canal um to connect the two islands okay thanks any other questions no all right we'll let you sit down then thanks thank you okay um I just want to before we have public comment I just want to acknowledge that we did receive a comment from one um citizen of Draper

So our plan right now is to have accesses onto Kimballs Lane, and then we're working with the canal company to get a crossing and an easement across their canal to connect the two islands.

Okay, thanks.

Any other questions?

No.

All right, we'll let you sit down then.

Thanks.

Thank you.

Okay, um, I just want to before we have public comment.

I just want to acknowledge that we did receive a comment from one um citizen of Draper um wondering about roads and connections and access and all of that.

Um I just want to um encourage whoever has questions about roads and so forth to speak to Brian.

Um Brian, how can they reach you?

Um we do have contact information upstairs, but I'm just in an engineering division, so they can either stop by or call in and they can get transferred to me.

Okay, and then Brian can talk with you about um that kind of those questions.

Okay, and um we don't have a site plan yet anyway for this, do we?

Correct, correct.

So that'll be coming later, and so we'll um now would be the time maybe to talk to Brian about road cond roads and connections before site plans are considered and approved.

Correct.

Okay.

All right, so um this is a public hearing, so we will open it up to public comment.

Um we have a timer here that's um three minutes.

You have the opportunity to speak for three minutes, so please watch the timer.

Um speaking at this hearing is not a conversation with the commissioners.

We will listen to you and we'll take notes on what you might say, and then we as we deliberate and discuss or talk with the applicant and our staff, we will try to get answers for you, but we won't engage in a back and forth while you're making your comment.

Um so will anybody uh we'll open the public comment portion.

Will anybody like to make a comment tonight?

Please come forward if you do.

Okay, no one's coming forward, so um, we'll close our public hearing uh portion of our meeting.

Um commissioners, do you have any more questions or do you want to talk about this at all with each other?

I had a question.

It seems like at the last public hearing, some of the citizens indicated that 119th South was a private road.

But it I think code requires that has to be has to front on this project would have to front on a public road.

So yes, so 119 it's split.

So it's a public road from 7th to here, and that is a public road, and then from here back it is a private road.

Um so that and that has been a discussion um with the applicant and how they're going to access 119th, how that's gonna be treated.

Um, so that's kind of on ongoing discussions.

Um, but the their their development, their proposing at least the discussions we've had so far have that they're gonna have private roads in their project.

Um they'll get an access to Kimball's here, and then there'll be access at some point on on the curve, engineering will have to kind of determine the safest spots, and there will be cross access here.

Um so there is opportunity to especially with this triangular piece, have access to the public road portion.

Um full you know, improvement of the private portion would involve the the neighbors to the south.

Um, so how they how they ultimately design that is still being looked at.

But it is public, right?

For that parcel that we're talking about to the road is public to seventh is public.

Perfect, thank you.

So with the addition of this, then could they have an egress from there to 119th?

Then is that what kind of what they could, yeah.

Not that we want them to, but they could.

I think the applicant said they weren't intending to.

Is that correct?

Yeah.

Yeah, I mean, uh, you know, during the public comment prior to you know when we got the development agreement approved, that was a big concern was how much traffic would be going down 119th south and the congestion that already exists on 7th east.

So the discussions that we're having with staff and internally is obviously there's tax dollars that have been spent in purchasing right away on 119th South already from 7th East to the Dunn parcel.

Um so what is gonna happen and ultimately what is isn't 119th gonna remain public or private, you know, those are the discussions that we're having.

Um obviously with Juan Diego High School right there, it's not like 119th can go through.

So it is ultimately just a dead end road.

So what what is the best use and how can we limit the amount of traffic that goes on 119th?

Um currently 119th is just a long dead end road, so from a fire safety standpoint, it is a little bit of a concern um for the existing residents that are on the south.

So we're working with fire and safety to try to figure out how best to mitigate those current existing conditions.

So thank you.

Yeah, okay.

All right, commissioners.

Any any other discussion?

Or would someone like to propose we've got um let's see, zoning map and um land use motions to make tonight?

I don't have any makes perfect sense.

There's really nowhere for that land to go.

Okay, so I'll I I'd like to make a motion.

Great, Gary, thank you.

Go ahead.

I move that we forward a positive recommendation to the city council for the zoning map amendment as requested by Mike Winters, representing Edge Homes for Kimball's junction edition, application 2025-0169-MA based on the findings for approval listed in the staff report dated September 26, and there are three uh items decided for approval.

I think there's one more on the next page, maybe four, excuse me.

Four, I didn't see that one.

Yes.

Thanks, Gary.

Um, do we have a second?

I'll second.

Thanks, Mary.

Okay, Gary, we'll start with you.

Um, how do you vote?

Yes.

And Mary, yes.

Kendra?

Yes.

Susan, yes.

And I'm Lisa, and I also vote yes.

Okay, I think we have another motion to make this one regarding land use.

I'll make that motion.

Mary, thanks.

Go ahead.

I move that we forward a positive recommendation to the city council for the land use map amendment as requested by Mike Winters, representing Edge Homes for Kimball's junk junction edition.

Application 2025-0171-MA based on the findings for approval listed in the staff report dated September 26, 2025, as well as the finding for approval listed in the motion.

Thanks, Mary.

Um, do we have a second?

I'll second that.

Thanks, Kendra.

We'll put it to a vote.

Mary?

Yes.

Kendra.

Yes.

Susan, yes.

Gary?

Yes.

And myself, Lisa, I vote yes as well.

So thank you.

Okay.

Um we finished uh the uh application part of our um agenda.

We'll turn now to a study session, the general plan for water conservation element presented by Todd Taylor.

So Todd, you're up.

Take it away.

Uh thank you.

Uh so in 2022, the state passed Senate Bill 110, which required cities to adopt a water use and preservation element into their general plan.

And we are required to adopt this element by December 31st of this year.

Uh so staff has been working with our consultant on drafting the water element.

Um, we received uh sort of the first administrative draft, and we wanted to just run through uh the five goals and 15 implementation measures with the planning commission and city council before we bring it to you for adoption.

And we are looking at a tentative uh date to come back to you of November 13th.

Uh so I'm just planning on running through the goals and implementation measures, and you know, if you have any concerns or comments, uh just let me know.

So, goal one is to strengthen the city's water conservation efforts through dedicated leadership support and collab collaboration, and then implementation uh one is to explore forming a water conservation team to support the conservation coordinator in addressing existing and future water use and preservation goals, and then the second implementation measure of this goal is to consider uh developing a water conservation intern or similar position for to help develop and support uh the water conservation team in uh you know in the additional programming outreach and education.

Sorry, this is sensitive.

Uh goal two is to develop uh citywide policies and ordinances to enhance uh water conservation and efficiency uh through irrigation restrictions for existing developments.

So implementation one is to uh have a time of day watering ordinance which would restrict outdoor watering between the hours of 10 a.m.

and 6 p.m.

And then implementation two is to uh develop a water shortage plan.

Um so this would be for periods of drought, temporary water shortage and supply interruption that would then go into place during those periods of time.

Goal three is to include increase public awareness of water conservation.

So implementation one is to um educate residents uh with water conserving skills through some workshops such as fix a leak and fix your sprinklers.

Implementation two is to provide residents with um resources to conserve water by providing free tools such as smart leak monitors, leak detection detection tablets, conservation and conservation kits at public events.

Uh implementation three is to encourage water wise uh landscaping by annually recognizing and awarding households with waterwise yards through a beautiful yard award program, and implementation four is to partner with the Jordan Valley Water Cons uh conservant conservation district to provide business and uh businesses the opportunity to learn about water conserving practices, and uh these uh four implementation measures are things that we could apply uh for a grant from uh Jordan Valley to uh help uh you know promote these, give provide the materials and the outreach.

Goal four is to increase public awareness of water conservation through the city's uh websites, social media, and other digital tools.

So looking at our websites, um we currently have two uh different uh web pages, and it's looking into consolidating those two into a single water conservation web page, and implementation two is promoting commercial rebate programs by uh having those links on either our landscaping webpage or the new water conservation page, and that would include uh the landscape incentive program, the water saver rebates, and um other uh resources.

Implementation three of this goal is to enhance our outreach to residents by uh having a sort of social media calendar to plan seasonal outreach you know throughout the year, and again um uh referencing the the existing program and public information campaigns such as uh slow the flow, uh the water efficient landscaping and water sense, and then implementation four for this goal is to promote the eye on water app so it allows users to connect uh to the utility account and view their water usage so they can detect leaks and set up notifications.

And then the last goal is to lead by example uh for the city.

So the implementation uh one is to develop a plan to gradually convert uh our own city park strips into waterwise landscaping, and then looking at our uh city parks and other civic properties uh for uh you know turf that does not fill uh recreational use and converting that, and then the last is developing a plan to look at our irrigation systems to make them more water efficient.

So those are the uh goals and implementation measures that we currently have uh drafted.

And if you if anything stood out as problematic or worrisome or any other feedback you might have.

I have a question on the time timing from 10 a.m.

to 4 p.m., whatever it was, 6 p.m.

Is that for residential and commercial?

I assume it's for both, but it's something I can follow up with.

Yeah, I'd I'd be really curious about that.

Um should be both.

I would think it'd be both, but definitely commercial and and like schools and whatever.

Of course, schools maybe they're exempt, I don't know.

But the you know, the the places that have large fields of grass and you drive by in the middle of the day, it's a hundred degrees and they've got their sprinklers on it's like really.

So anyway, I'm just curious.

I would hope it would be both, and hopefully they would enforce it.

I have a number of neighbors that water their lawns in the middle of the day.

Yeah, two or three times.

So I do they may not have their timers set right.

I don't know.

I like the education piece.

Yeah, I'm gonna do two.

Thank you.

Okay, thanks, Todd.

Appreciate it.

We'll watch for the uh document then.

Okay.

Um the last item on our agenda is some training by city staff.

Who's doing that for us tonight?

I'll be doing this one.

Todd Draper, go ahead.

And my apologies, I was out sick at the last planning commission.

So we will get it today.

But uh we just kind of had wanted to kind of go over some of the different types of applications and things as we kind of finish up our training for the year, different things that uh uh we come across, and so that you're kind of also aware of what we're looking at as staff generally.

As you remember, we did kind of the landscape ordinance and the landscaping first.

Uh this is one that's super exciting.

It's on subdivisions.

I don't have a lot of fun stuff in there.

I do have a little bit though.

So basically if this will try and use the other one.

If it'll come uh work with us here.

This really just comes from state code.

Uh when we're talking about subdivisions, you can see here municipal code in Title 10 and Chapter 9A is the municipal land use development management act or uh or LUDMA, and then subdivisions is right there, part six.

So the state of Utah provides the wonderful definition of what a subdivision is and what a subdivision isn't.

Um basically here it talks about it being any uh it's any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether mediative or future for offer, sell, lease, or development, either on an installment plan or a pond, any other any and all other plans, terms and conditions.

Uh further just includes this can be by plat, meets and bounds, device intestine, all these other uh uh different uh options, and then of course uh accept is provided below.

Uh this includes divisional land for residential and non-residential uses.

We'll often refer to those more as residential or commercial.

Uh oops, and then yeah, you'll see they they kind of say commercial agriculture and industrial kind of uh round out that other next part, of course, is what it doesn't include.

Uh there's a few of them here.

I think there's seven.

Uh so divisions of agricultural land.

And this one is kind of interesting how they've just changed it this past year.

It's a recorded conveyance document that either consolidate consolidates multiple lots or parcels into one or joins a lot to a parcel.

So those are kind of those boundary line adjustments, uh, if you will.

And we did see one tonight, so we'll kind of refer back to that a little bit here.

Another thing it doesn't include is uh uh bona fide division of land or deed or other by or other instrument if the other instrument states in writing that it is in anticipation of a future land use approval and doesn't confer any land use approval and has not and has been not been approved by the land use authority.

So these are kind of things that sneak around the process and then they come in and we have to take care of them later.

But this might be larger tracts of land where they want to kind of split them up and then maybe come in in phases or something like that and do the subdivision.

I would say one thing, one type of property that would use this section would be agricultural.

Yes.

Um you've got lots of farmland, you want to split up your fields by property lines, things like that.

Yep.

Yeah, especially if they want to take the farmhouse and put it on its own.

That's probably a good example there, too.

Um just a few more of those other ones continued.

Uh boundary adjustments, boundary establishments, which refer straight back to that conveyance document and the in the number two there.

Uh platts for road street or highway dedication.

Uh, and deed or easement for road street or highway purpose, same thing, or any other division of land authorized by law.

Which I don't know, probably the point.

Um other things uh that they do exempt in other sections of the state code.

So then moving from there, we kind of come to our subdivision ordinance, and I thought this would be kind of fun to just go over what the purposes of the subdivision code are because sometimes that got gets lost a little bit.

Excuse me.

Um we want to regulate future growth and development activity, uh promoting physical integration to diverse housing forms.

Uh, we even include preservation of Draper City community values.

I like that one, and the social integration of residents.

So we kind of get a little uh touchy feely there, which is interesting, but um it may be important to kind of include in why we do this, because a lot of this is a very straightforward kind of uh technical when uh kinds of uh things when we do divisions of land.

Also, here we go promote efficiency orderly growth of land, and then we provide standards for physical development of the land, and this is going to be your streets, your roads, uh water and sewer systems, those kinds of things.

This one's also fun down here in D.

We want to provide adequate light, air and privacy, and secure uh safety from fire, flood, and other dangers, and of course, what we're always concerned about preventing overcrowding and undue congestion of population, and uh ultimately we're just assuring that the site is able to be built upon.

So there's a couple of different types.

I um these aren't completely accurate.

We have a subdivision, we're gonna call it a regular subdivision, uh where that's anything that's more than 10 lots.

Uh we have our minor subdivisions that are 10 or fewer lots.

We have condominium plats, which are also a subdivision plat, and of course, we kind of have these amended subdivisions like you saw tonight, and then I just kind of put these with question marks.

State likes to uh kind of designate something as a residential subdivision and give us some indications of things we need to do with that.

We don't really have residential subdivision in our code as some specific type.

Uh, and so it kind of goes as they're an opposite of a commercial or industrial, those other types.

So there may be a little bit of a land use uh category that is tied to some subdivisions in the future.

We don't know.

We never know what the state's gonna do.

So just kind of to go over some of the basic process when we get a subdivision application in a staff.

Uh there is still kind of in the ordinance and the and at the state uh process for say a conceptual plan or conceptual plat.

We do that in just a development review committee meeting, very informal.

It's usually indicated that's just kind of a sketch of what they'd like to do, and then we could review that with them.

Uh, the more formal application process really begins at the preliminary plat stage.

Uh there we have an application, we have requirements that need to be met, things that need to be submitted, staff reviews that for compliance with our ordinance, and then as you know, some of those come to you, some of those now go to the zone administrator, uh, which are those minor subdivisions, and then as you know, those come through the process here, they get approved.

They have that year to move to the next step.

Uh and if not, they also have the ability to ask for that six-month uh extension of that approval.

And I know you've seen a few of those come before you as well when they're maybe not quite ready.

Now, something that did change uh a couple years back in the state law, we used to require that you had your preliminary plat all the way done, all the way to the end before you submitted for your final plat.

Um state law now allows them to submit those applications at the same time, which can sometimes get a little bit confusing when you're approving one and waiting for things on the other.

Why would they do that?

It speeds up the process because really at the end of the preliminary plat, this is where most of the review and approval on a subdivision takes place.

And I'll go through a little bit here on the next, I think it's the next slide.

But with the preliminary plat, we're approving all those roads and streets and uh the development standards.

The final plat is really just the piece that gets recorded in the end.

It's kind of a single single page kind of document, maybe a couple of pages if it's a larger plat.

Uh, but it just is what eventually gets recorded.

So the con the preliminary would show things like where existing homes are or existing buildings, uh what what the grading is, uh if there's you know different features that we need to be aware of or or watch out for when we're looking to make sure that it complies with the zoning ordinance, and then when we're at the final plat, we're just putting the pieces on that need to be recorded, and so sometimes those will look very similar, and then sometimes they'll look vastly different.

Kind of that final step, if you will, is really part of the final plat, but it's just the recording.

Uh, this is where the applicant would print this on my ar if you're all familiar with this nice plastic page that uh uh has properties of uh surviving uh heat and other things longer so that uh it can be kind of archived, uh and then we obtain the required signatures, and those would and the city here kind of include first they have to get signatures from the utility companies, uh, and then we kind of go through a process where we can get the city engineer, zone administrator, planning commission chair uh on some of those.

Uh then it goes to our city attorney for review to make sure everything's uh good and that the the title report matches what's there on the plat and then gets the mayor's signature and then off to the county recorder, which is the final step.

Applicant will we'll give it to the back to the applicant, they'll take it.

Uh they sit down with the county recorder, pay their fee, and have it recorded.

I have a question on that.

Do you ever send or the applicant ever send like a preliminary plat paper or PDF to the recorder just to kind of get their blessing before they actually print the mylar?

Yes, so we will we'll typically do that uh sometimes even at the preliminary plat, but at the final plat as part of kind of that staff review.

We send it out to the reviewers here, we send it out to other agencies if needed, we will send that uh to the county recorder so that they can review that, and they do want that ahead of when they come to sit down.

I would think they won't even uh allow them to the applicant to schedule an appointment until it's been reviewed by them.

Yeah, okay.

Thanks.

Yeah.

Uh they they do review for a few things that are their requirements.

Yeah.

And so kind of as I mentioned earlier, there's kind of a two things here.

We've got those regular subdivisions, those are gonna come before you at the preliminary plat.

And these are the ones that the planning commission shall approve if the plat complies with ordinance.

This is this is a must.

Uh the ones like the one tonight with uh amended subdivision plat, you're really looking at the final plat, as you saw that the piece that will be recorded, and then this is if there's you know, you're looking for that finding of good cause, uh, as you read in the uh I think Susan, you read that, didn't you?

I can't remember.

Yeah.

Good cause, no municipal easements been affected, that kind of thing.

Those are the findings we need to have to be able to approve that.

So it's not a high threshold for the applicant to meet, uh, but it doesn't necessarily indicate that they all have to be approved.

A couple of requirements, uh, just the different things that we look at.

So I just kind of want to do this so that you can kind of see what we're reviewing and and what's in the ordinance uh when we're looking at this.

And this is more the preliminary plat, obviously, uh, where we're making sure all these are compliant.

Uh we're gonna look at the lots, we're gonna look at do they comply with the zoning, the frontage, the minimum size for that zone.

Uh, this is a fun one in our ordinance.

Side lot lines have to be at right angles, except the planning commission can allow an exception.

Uh corner lots, we require them to be platted 10 feet wider uh than the standard for the zone.

So there's a little bit of additional room there.

Uh we also have standards for remnant parcels and any lots that front on two streets.

And then, of course, streets, we have the public versus the private.

Obviously, we have different standards in our ordinance for those widths and what those might look like.

And so that might come before you to even kind of look when it's especially when it's private, they may have a little bit of a different design to some of that.

Uh and and so sometimes those come through kind of not necessarily as an exception, but to just kind of note that that's kind of why the streets won't always look the same on a plat.

Um obviously we're looking.

Do they have curb gutter sidewalk?

What do those improvements need to look like?

Um, or does is this one that has a cul de sac?

Does it meet the requirements?

Do we have emergency access to all the properties?

Do we have the ability to turn the fire truck around?

And then, of course, uh Brian could probably speak to this, but I think he left, but you know, a little bit more.

But we do look at that storm drain uh system, what stays on site, what goes off-site, uh, how does that drain?

Are there easements needed between properties to direct that drainage?

Um, and then that kind of even feeds over into kind of the utilities here.

We're looking for the things that they need to install, water, sewer, power, uh, natural gas, uh, phone lines, uh, fire hydrant street lights, and then of course, is you've been aware of the public utility easements that we require to be on the plat on the front, the rear, and at least one side.

Uh, we did bring that uh little changed ordinance through and uh council passed it, right?

I can't remember.

It's been recent enough uh to kind of allow for some reductions in those public utility easements when we've got setbacks that are less than the minimum seven, and then also we're looking kind of at the landscaping uh park strips, street trees.

Uh do they do they have a plan?

What does it look like?

And then we require a note on the plat, the final plat, uh, to indicate to future buyers, future residents that they're required to put those trees in.

So here's my little fun.

Um this is one that I worked on when I was back at the county, and I like to use it for uh examples of what a regular subdivision plat might look like.

Um but this is really that final where a preliminary you might see that there's actually a house here, there's actually a house here.

Um this was actually a big used car lot that had never come in for approval that they were uh working on getting approval for, and they wanted to sell it.

So that's why they came in uh to split it up into these different properties.

And then I'll kind of go to the next one where I've kind of got a little bit of enlarged.

This is where you'll see, you know, we have standards for a street for that fire department or emergency vehicle turnaround.

Uh they have to name the street.

In this case, this is a happen to be a private street, so that they could make it uh I think it's uh 20 foot wide there.

Yeah, you can see provisions for those public utility easements as well as well on the plat.

And then you know, a separate ingress egress easement in favor of this lot to take in uh existing driveway that was there.

Uh, but that it remains here on this other uh property.

I believe this is lot three from the other one.

Yeah, I can't quite see it.

But then just kind of moving back here, you'll see, yeah, these are the required signatures that it needs.

This is that when it gets recorded, the the recorder signature, and then uh a couple other things just to note, you know, uh those uh dang uh utility companies want their language on it.

They want to be able to sign and and indicate what that they've reviewed this plat, it meets the requirements of uh the utility and essentially consenting to it.

Uh again, you'll have a survey done.

Uh that surveyor certificate signed and stamped in the top.

They'll give us that description meets and bounds of the property that matches what you'll see out there as well, and then kind of that owner's dedication, dedicating any roads or streets or things like that.

Uh so kind of shifting gears moving back again, like we we had uh the one earlier tonight, subdivision amendments, um couple different kinds.

So I just kind of want to go over those.

We could end up with a subdivision amendment that vacates an entire plat.

Just gets rid of it.

Um I I know I I went to a couple of uh conferences back a while ago about uh some different cities and organizations that where they'd gone in, they'd recorded all these subdivision lots in about 2008, right before the market crashed, and then found that none of them could really be built on.

Uh that was just so speculative that uh it was just being tied up, nobody could use it for for anything else.

And so, in those cases, some of the cities that had hundreds of lots that could never really be built on went in and vacated them.

Others, you may have a subdivision where maybe the lots exceeded uh the minimum uh size for the zone, and then you have individual property owners wanting to come back in and subdivide the lot further, create two lots out of one or three out of uh two, different things like that.

Um you may have amended subdivisions just for things like altering the public right-of-way or an easement uh or just those, especially like with uh planned unit development that have common area in them.

Very often I've seen this where that uh homeowners association will come in and say we really don't want to maintain all this.

Um we'd like to just maybe absorb it into a couple of the properties right here, and uh and they and they do that.

Or uh the other one I've seen a lot is the those planned unit developments don't understand that they don't own their backyard, they just fenced in.

It's owned in common, and then they come in and they wanna actually kind of divide that up, alter it, and and kind of give everybody their their backyard piece that they thought they had, but they didn't.

Uh again, just like the state, we we have to know what it includes and what it doesn't include.

So a subdivision amendment uh uh doesn't include anything that's a simple boundary adjustment.

And so those are just kind of our regular run-of-the-mill changes that don't really happen inside a subdivision for the most part.

Um then I just kind of want to go over some odds and ends because I thought these were fun.

Uh, because you'll see these from time to time on a plat.

Uh protection strips.

I don't know.

Is it does the city allow protection strips now?

We've allowed them for a while.

We do.

Um years ago, and I don't remember what year, but it was we did uh bulk some bulk text amendments and um set some standards for protection strips.

Council asked us to set some standards for protection strips.

So um we don't see protection strips very often.

There are there are several around the city, but we don't, it's not something we see very often.

Um our code does require essentially an agreement.

If you're going to do a protection strip, you have to lay out what that adjacent property owner needs to do and what they're paying when you do the protection strip.

Yep.

So that you know, a decade later you can't be you know, setting a uh completely different number that has nothing to do with the improvements you put in.

Huh, interesting.

Okay.

Yep, that is the important part on the city side.

We've got to watch those carefully and make sure that any agreements or amounts are are fair, so they're not holding up future development hostage.

So we allow them, but you kind of also have to uh do it in a manner that uh basically uh puts that adequate fund in for what they uh extended in cost to say build the road.

Most of these will be along a road.

So it just if the first developer puts the road in, second developer needs to cover uh their proportionate cost of putting that road in.

Is that based on fair market value at the time they're wanting to develop or how do I mean because there are lots of different ways to do it actually?

I don't know that we actually have one in our ordinance specifically.

Well let me look.

Yeah.

Um other ones I've been involved with in the past uh usually calculated something like this is what today's cost is, and we'll allow reasonable amount of increase tied to say the treasury bill or you know, inflation rate.

So there'll be things like that built into an agreement.

So it is uh fair cost.

So there has to be a pioneering reimbursement agreement with the protection strip.

Um the subdividers shall contract to deed the strip to the existing or future owners of the just property for consideration named in the agreement.

Uh such consideration shall not be more than fair cost of the land in the protection strip, the street improvements properly chargeable to the adjacent property uh plus the value of one half the land in the street at the time of the agreement, together with the interest of the fair rate from the time of the agreement until the um subdivision of the adjacent property.

So it so it really is looking at setting up what that fair cost is for that adjacent property in order to get access.

Right, and half half of it.

Yeah, interesting.

Thanks.

Thank you, Jen.

So that's one you may see.

Thought we'd go over it.

So if it does come up, you'll now know what those are.

Um but they are pretty rare.

Uh the other thing, easement, just kind of wanted to make sure everyone understood that as well.

That's just a present or future right of use under on or above the surface of property by a person or agency other than the legal owner of the property.

So I think we see those mostly as access, the ability to cross your vehicle or or pedestrians are able to walk between uh or across a piece of property to access something beyond that.

Uh but there's, you know, obviously public utility easement for the installation of utilities underground uh or above ground.

Doesn't really specify all that uh because sometimes the power line will be up.

Um so then when the yes when the easement gets filed, it states exactly the purpose and who has access, right?

Um not always yes.

Kind of.

Yeah.

Um with a public utility easement, uh, it won't necessarily be as explicit as that.

Yeah, but it will be designated as a public utilities, and then we have that in the code, and we can kind of go that these are the entities that would potentially be in there.

Okay.

So I've also seen a lot on plats where they aren't really clear.

Yeah.

Uh and that sometimes uh leads to some interesting uh claims as to what it is or what it isn't, and and sometimes we do have to to look at those.

And sometimes we will say there's a subdivision amendment, and one of those isn't as clear.

We'll actually ask them to clarify it.

Uh a lot of them we have also easements for city purposes.

So you'll see um up in Suncrest area, you'll see a lot of slope easements on the front of properties, so that the city and and engineering can kind of control where the access is when we have some steep slopes that may be along the frontage.

So we'll have some city easements for things like that.

Um the easement holder, which is not that legal property owner, can also allow the property owner to do certain things or or control what they can do in those to some degree as well.

So every easement's a little different, but that's kind of just the baseline for that.

You also see sometimes where we'll have a trail.

So I thought that was good to kind of highlight.

This this can be uh just a path.

It can be paved or not paved.

Uh typically intended, of course, for recreation or alternative transportation, bike, and especially here, it may provide some additional access to city, state, or federal open lands.

And then the other one I thought is interesting, I'll bring it up because we'll we may see some of these more, uh, especially with the other development there by Kimball's going in.

Um we do have a definition of alley, uh, but that's actually a public thoroughfare.

So there's a little bit of a difference there.

Uh we may still call it an alley, but maybe it's a narrower private road on some of those.

Um, but yeah, less than 26 feet wide, uh, same for pedestrians, vehicles, and it's really a secondary means accessing the rear of an abutting property.

And with that, that's most of what I have.

Any other questions on subdivisions?

Appreciate you sitting through all that.

Thanks, Todd.

Appreciate you preparing and presenting.

Um, any other business from the city that are announcements for us?

No.

No, not tonight.

Okay.

Then um, I need a motion.

I move we adjourn.

We're adjourned.

You exhausted Gary.

About going cross eyed.

Are you so tired?

I'm very tired.