Good evening.

Welcome to our Draper City Planning Commission meeting.

Today's date is May 28th, 2026.

I'm Andrew Adams.

Thanks for all the commissioners up here volunteering their time that you're joining me.

We also want to thank the staff for getting everything ready throughout the week, putting up postings and notif noticing.

And then we have an agenda in the back.

And I think the plan tonight is the agenda will go as proposed, correct?

So online and the uh agenda here that's uh available on site.

Welcome all the applicants and our fellow neighbors and citizens.

Thanks for joining us tonight.

So let's go ahead and get things started.

Um we'll go ahead and start with our first public hearing tonight.

This is the Evans Fence Conditional Use Permit request.

It's on the request of Mark and Alexandra Evans, a conditional use permit for approximately 0.92 acres located at approximately 1194 East Lone Peak Lane.

This is known as application 2026-0079-USE.

And Nick Whitaker's our staff contact.

So go ahead, Nick.

Thank you.

So yes, this is the uh Evans Fence Conditional Use Permit.

Uh here's a vicinity map of the property.

Um here's an aerial map.

As you can see, there's a pedestrian trail to the south of the property, which is where the proposed fence will be going to provide privacy.

The land use designation for this property is residential low medium density, and the zone is uh RA1.

So the request is uh the installation of an eight-foot tall fence in the rear yard area.

It's uh materials are uh dark gray composite slats and black aluminum posts.

Um per Draper City code in the rear yard.

Um anything over six feet uh requires a conditional use permit, so that is why they are here.

Uh here is a site plan of the proposed fence.

As you can see on the uh on the uh map there, the blue line is the area where the fence will be installed, it'll be eight feet in height.

Um again, uh just directly south of that, and you'll notice the uh the pedestrian trail, um which again is why they are putting up an eight-foot fence to provide some privacy.

Um as I mentioned earlier, the materials uh being used or the composite slats and aluminum pools.

Um, however, the uh color will be dark gray.

So uh impact analysis and mitigation, the potential impacts would be uh impacts to pedestrians, safety.

I mean, it it would be to the pedestrians using the the the um pedestrian trail and would be quite minimal.

The proposed mitigation for that is that all requirements of uh the Draper City Engineering Building and Planning Divisions are satisfied throughout the construction of the fence, including permitting, and that the fencing shall not exceed eight feet in height and shall be constructed only in the locations indicated on the approved site plan.

Here is a picture of the property.

Um again the the fencing uh that will be eight feet in height will be in the rear yard, so you can can't really see it from the street.

And that is my presentation.

Uh any questions.

I don't think we have any.

Thanks, Nick.

We'll go ahead and invite the applicant up.

Are they here?

If you want to come on down, you can add anything to that presentation that you'd like.

And please just state your name when you speak.

Sure.

So my name is Mark Evans.

This is my wife Allie for the homeowners.

Hi.

Um, so yeah, the only thing to add is if you looked at the the public trail, the pedestrian trail, it's called the Draper irrigation trail.

There's a slope from the trail to where our property line is, and the difference in elevation is about two feet.

And so if we were to put up a six-foot fence, um, if I was walking along the trail, it would be about this high.

So it doesn't really provide any privacy.

So that's really the main reason is is the elevation difference there.

Um and then also just I think for safety, you know, we don't six-foot fence.

You could attempt to jump over it because off the uh the canal trail again, it's it's a pretty steep little slope right there.

So that was the main reason privacy and safety.

Want to add anything or yeah, that's what I was thinking because I just don't want kids jumping over it because we're being putting a pool in.

Can't you move closer to the mic?

Oh, yeah.

So for safety reasons, I think for kids on the other site.

I don't want them being able to jump over because we'll have a poll.

And so we just don't want any for safety reasons anything to happen with neighborhood kids.

So perfect.

All right.

Questions for the applicant?

Okay.

All right, we'll invite you back up if we need to after the highly contested public hearing portion.

Just kidding.

I'm not gonna scare you.

So but we'll invite you back up if we need to.

Okay.

So thank you for that.

Thanks for coming in.

All right.

All right.

So public hearing, I'll explain that.

Uh there's a three-minute timer over there.

You can come up.

Anybody can address any agenda item, so you can come up and uh give your thoughts on the current agenda item for up to three minutes.

You don't have to fill the full time.

We just ask that you don't go over.

So with those guidelines, um, who would like to address this agenda item?

Okay, we don't see anyone, so we'll go ahead and close this public hearing uh on this agenda item.

All right, commissioners, pretty straightforward.

What are your thoughts on this?

We've seen this before.

We'll probably see it again.

We've seen it uh um several times, and because of that slope, we've almost always approved them.

So any commissioners, do you want to talk about it at all?

No.

No.

Okay.

Then I'll make a motion motion.

Go ahead, Lisa.

I move that we approve the conditional use permit as requested by Mark and Alexandra Evans.

Application 2026-0079-USE based on the following findings for approval and subject to the conditions listed in the staff report dated May 15, 2026.

Um we find that it complies with the standards for approval in the Draper City Code.

Great.

Thanks for that motion, Lisa.

Who will second it?

Oh, okay.

We'll give that one to Gary.

Gary will second that.

So with that being said, this is a vote to approve.

Uh let's start with you, Lisa.

How do you vote?

Yes.

Gary?

Yes.

Kendra.

Yes.

Susan?

Yes.

And Mary.

Yes.

All right.

So congrats on that.

See, scared you for no reason.

So thanks for coming in again.

Uh good luck with your fence, we appreciate you.

All right, let's go ahead and move on to our next agenda item.

This is also a public hearing.

It's a bond, the bottom fence condition use permit requests on the request of the Fox Group representing the Bonham Family Trust, a conditional use permit for approximately 0.82 acres.

It's located at approximately 12540 south, 1700 east.

It's known as application 2026-0049-USE.

Our staff contact again is Nick Whitaker.

So go ahead, Nick.

Thank you.

Um, so yes, this is the uh bottom fence.

Uh conditional use permit request.

Here's a vicinity map of the property.

It's just uh facing it uh uh 1700 east, uh just a little bit off of uh Pioneer Road, uh just south of it.

The primary structure is still being constructed at this time.

Um the uh location of the fence.

Well, there's there's a few locations, um, and I'll go into detail in just a moment here.

Uh here's a land use map.

Um the land use designation for the property is residential low medium density.

And uh the zoning designation is already two.

So here's an overview of the request.

It's the installation of a six-foot-tall fence that extends into the front yard area and includes an automatic gate, uh, materials, um, or wrought iron, wood, stone, and trucks composite.

Uh it also includes uh a uh the installation or this permit also includes or I'm sorry, this uh a conditional use request also includes the installation of a 10-foot fence to enclose a sports court in the rear yard area.

The materials are black vinyl coated uh chain link.

So here is a site plan uh of the property.

Um the fence, the front yard fencing uh that is six feet in height, goes across here.

They've also included a gate, um, an automatic gate, and we'll have more of a discussion on that uh in a moment.

Um in addition, the fencing on the side of the property on both sides of the property is six feet, and that is in the front yard plane.

Um typically what is allowed is up to four feet.

That's what's permitted.

Anything above that requires a conditional use permit.

So everything here in the front yard, the the uh front gate, side gates, or I'm sorry, that the front fence and the side fencing is all uh no taller than six feet in the rear.

Um is the sports court right there, uh, which will have the ten-foot chain link fence to enclose it.

Uh here's uh materials and concept art.

Um so it will be a um the the front yard fence or the the fence at the front of the property um will be uh made of wrought iron um uh semi-transparent fencing as you can see right there on top of um on top of a two-foot uh stone wall.

These pillars actually exceed six feet um and will need to be brought down to a maximum of six feet, but in between, I believe it's every five feet there is a pillar.

Now the automatic gate, uh it's located at the front of the property.

Um it's approximately 23 feet or approximately twenty twenty-three feet of public right-of-way between the proposed gate and seventeen hundred east.

So this section here from the red line to this line, that's not the applicant's property, that's public right-of-way.

At this time, there's no sidewalk there.

Um right here is 1700 east.

They're proposing to have the fence or the uh gate that would open right here at the property line.

Um I have talked to um to the applicant about the gates not swinging out into the public right-of-way, swinging inward.

Um then there are some there are some concerns regarding the future sidewalk that will um be developed along this this public right-of-way and the uh the placement of of the automatic gate.

Um as it sits, it would not allow for a vehicle to pull into the into or pull off of the street and wait for the gate to open without utilizing the public way, which could prevent traffic or uh pedestrian and uh vehicular traffic and uh from safely using the sidewalk or the shoulder.

643 p.m.

So I took some some photos at the site.

Um here is the gate.

They've they've started they started construction on it, um, but stopped when they realized that they needed to get a conditional use permit.

Um as you can see here, this location um the distance between this pillar here and the road is about 23 feet.

Um and again, this is not the applicant's property.

That's looking southward, and this is looking northward, and that's straight on.

So the impact analysis and mitigation identified potential impacts or safety hazards related to visibility of pedestrians and vehicles.

Um vehicles are uh waiting for the gates to open in public right-of-way, gates opening into the public right-of-way, impacts related to the location of the gate relative to the location of the sidewalk that is yet to be constructed, and emergency services and emergency vehicle access.

So proposed mitigation is that all requirements of the Draper City Engineering Building and Planning Divisions are satisfied throughout the construction of the fence, including permitting, that the fencing located in the front yard area shall not exceed six feet in height and shall be constructed as indicated in the approved site plan and as depicted and described in the application documents or documentation.

Uh, that an elect uh that an electrical permit for the automatic gate shall be obtained through the Draper City building department prior to its installation, that the gate shall be reviewed for access and safety by the Draper City Fire Marshal prior to its installation, that the gate be installed on the subject property 20 feet from the front property line, uh, with the automatic gates opening toward the interior of the property, and that the fencing surrounding the sport court and the rear yard area shall not exceed 10 feet in height and shall be constructed in the location indicated on the site plan.

There is an exterior photo of the property.

Again, it's still under construction at this time.

And that's my presentation.

Uh any questions.

Nick, is there indication on the site plan what the side front um fencing will be?

Uh so the the side in this location that will be treks, uh like a uh composite material.

Okay.

And six feet in height.

Right.

Then it'll join the wrought iron and brick.

That's correct.

Right here.

And I'm I'm not too concerned about the wrought iron because it's semi-transparent.

Um so that that is a benefit.

Um however the but the the side fence will not be transparent, right?

No.

Okay.

The front side, the front.

Yeah.

Okay.

And um when you're asking for the gate to open inward, where would a car be even if it opens inward?

Would they be pulling in, or would they be still in the the road because of the distance?

The design of which would be up to the applicant.

However, we would like it to be designed in a way that the vehicle is fully on the property.

Um while the gate is opening, so they're not having they're not required to use um the public right-of-way for their automatic gate.

Um the the uh the number used is um the 20 feet is uh based on a couple of things uh in in discussions with engineering, they requested that it be 20 feet, and then also um considering um our parking stall standards, which is 18 feet, 18 by nine feet, enough to um fully you know pull a uh a large vehicle into the stall without it encroaching into the public right-of-way.

So, in other words, out of traffic while the gate opens.

Exactly, yes.

Okay.

So the gate will be 20 feet set back from the property line?

That's correct.

No, from the property line or from the road.

From the property line.

Okay.

So that's okay.

Yeah.

So there's even more distance there.

I I think they're proposing 23 feet setback from the property line or right-of-way.

I I'm sorry, was the I think it's are they proposing 23 feet setback?

Yeah, can you go back to that?

Which I think 20 is the minimum.

So the the 23 feet that is mentioned in in their submittals, the the 23 the 23 feet here is not their property.

That's public right-of-way.

So it's according to the submittals, it is 23 feet from the road, which is what they're stating in the submittals, but it's not 23 feet from the property, or it's not 23 feet from the property line.

Oh, okay.

And another that's what I was asking.

Okay.

Another issue too is that this area here is where a sidewalk will be.

Eventually, Nick, just to clarify, what's already been constructed would need to be moved.

No matter how they so as a conditional use, if this gets approved, then you guys are in charge of making sure that it meets those parameters that uh we don't need to see the the layout or how that is.

That's all gonna be approved uh uh just through through the planner.

That's that's correct.

So and it will need to be reviewed by uh fire marshal and um building for the electrical permit and engineering.

Yeah, but it really is uh when you think about these manners, etc.

right where you're you're never parked uh over the side, but never in the road, but you're uh you know, rarely if never on the sidewalk you're in on the property.

So if it has to kind of you know, U-shape in or kind of square in, but that's up to you then based on your your conditions of well fortunately there they do have plenty of space that they could move it back to meet the menu.

No matter how they do it, but it doesn't need to be that the entire pro the entire fence line needs to be moved back, just the gate, right?

So if they want to if they want to use shape that in or square that in and the and the 20, 23 feet, that needs to start from their property line and put push back to the to the nose of the gate.

That's correct.

And then at that point the gate can swing any way you like, right?

At that point.

Even though that was one of your best ideally, it would be toward the property route.

So that the vehicle that it that is in the in that waiting area doesn't have to back out onto the public right-of-way.

I think the the point is is to make sure that they're not utilizing the the public right-of-way while they wait for their their amenity.

Okay, and have you discussed that issue with Lily that gate or whatever, so that they meet the code?

I have I I was I contacted the applicant um, but they did not answer, so I sent an email with the report and called out in the in the email that they need to review the the conditions.

Okay, and the conditions are as proposed that we that we've got listed there.

So okay.

Can you bring up the bring up the proposed mitigations again?

Of course.

Let's see.

Thanks.

Okay.

Yeah, we're just looking at these real quick.

Perfect.

All right, thank you, Nick.

Any other questions for staff?

Great.

All right, is the applicant here?

All right, come on down.

And same drill as before, to state your name and then add anything you like.

We'll probably have a few people.

My name is Peter Wainkhere.

I'm actually the builder.

So I'm not uh the bottoms, but uh yes, uh thank you to Nick.

We've worked closely on this project and and everything is very accurate what he said.

I've had several neighbors reach out to us just to clarify.

I think they're under the impression that the Trex fencing going around the perimeter of the property were going to extend up to 10 feet, and that is not true.

It's just the fencing going around the tennis court is 10 feet in height on three sides, and that's to prevent balls from going into the neighbor's property.

Um and it's completely transparent.

You can see all the way through.

There's nothing going through that fence.

Um and we did send in an amended plan showing those gates swinging in.

I don't know if you saw that, but it did not show that fence being moved an additional 20 feet inside of the property line.

Currently, as you guys all observed, uh that fence is you know just inside of the property line with the gates swinging into the property, not out towards the right of way.

Um when we uh when we started this project, there was a previous vinyl fence, six feet in height on both sides of the property going all the way out to the edge of the road, and a wall going across.

And so we were hoping that by bringing it back, um, we would be doing something better than what was what was there before.

So um yeah, I think that's all the comments that I've got.

So thank you.

Just a quick quick question for you before you go.

So just to clarify, so the the material in the front is as uh proposed, like on that diagram, right?

So the front is going to be the two-foot footing, uh masonry footing, and then the um wrought iron on top of that.

Only on the stem two-foot stem wall.

Yep, and then there's a total of four columns, two on the very far ends of the property and two flanking the gate opening.

Got it.

And then at those at the very corner property, that's where then the vinyl fencing will meet up to this.

Well, the treks fencing.

Sorry.

And it will not exceed six feet in height.

The tracks fencing nor the um the column pillars.

Yes.

Got it.

Okay.

I think I think that's all I have.

And then again, just so it's clear that that that needs to be whether it's just the gate that's pushed back or the fence being pushed to that front fence, whatever you guys decide, but they'll work on that with you.

That doesn't have to come back here.

Okay.

Any other questions for the FIN?

Okay.

Thanks again for coming in.

We'll invite you back up just like I promise everybody if we need to.

So we've got a public hearing on this, so we'll give you the same three minutes.

Who would like to address this agenda item?

All right.

I don't see any, so we'll go ahead and close the public hearing.

Commissioners, there are the proposed mitigation conditions.

I think Nick's done a good job identifying the purposed limitigations.

Great.

Do you guys think so?

Yeah, I have no concerns about this.

Anybody want to make a motion?

I can make a motion.

Go ahead, Kendra.

I move that we approve the conditional use permit as requested by the Fox group representing the Bonham Family Trust application 2026-0049-USE based on the following findings for approval and subject to to the conditions listed in the staff report dated May 15th, 2026.

And the findings are that the proposal complies with the standards found in the Draper City Code.

Thank you, Kendra.

Who will second that motion?

I'll second.

Thanks, Susan.

Okay, let's put this then to a vote.

This is for approval.

Kendra, how do you vote?

Yes.

Susan.

Yes.

Mary.

Yes.

Lisa?

Yes.

And Gary.

Yes.

All right, congrats on that.

Happy building.

Appreciate coming in.

All right, we're gonna take a quick quick break.

That's all right.

No, that was it.

That was our break.

That was the thing.

And we are back in session, so thank you.

See, didn't even know this so quick.

All right, let's go ahead and move on to our next agenda item.

This is also a public hearing as before.

Hunsacre fence conditional use permit requests.

It's on the request of elite fence repair representing Carolyn Huntsaker, a conditional use permit for approximately 0.83 acres located at approximately 12152 south, 2000 east.

It's known as application 2025-0228-USE.

Nick Whitaker's our staff contact again, our fencing specialist.

So go ahead, Nick.

Thank you.

I think this will be the final fence for the evening.

I can see that because Todd's on the next agenda item.

So they call this uh is this typecasting?

Is that what this is?

This is you still have me for one other, so there you go.

Oh, there you go.

Thanks, Nick.

Go ahead.

So this is uh the Hunts Acre fence conditional use permit request.

Um here's a vicinity map of the property.

Uh it is located uh right off of Highland Drive.

It's next to the golf club.

It's free.

Here's an aerial map of the property.

Uh land use map, the uh land use designation is uh residential low medium density.

Here's a zoning map, and the zoning designation is RA1.

So the overview of the request is the installation of a six-foot tall fence that extends into the front yard area and it includes an automatic gate.

Um materials uh being used or uh stone fence, wrought iron or tubed metal semi-transparent gate.

Um since it is in the front yard and it does exceed four feet in height, it does require a conditional use permit.

Here is the site plan that was provided by the applicant.

The proposed fence that is six feet in height will run along the front of the property.

Um they also note gates here.

I'll touch more on that uh in a moment.

Um the materials uh that will be used for the six-foot fence is uh uh this uh cement wall, uh the precast cement wall, which actually matches the same type of fencing that you see along the subdivision walls in that just along Highland Drive.

Um we have the automatic gate.

Um some of the issues that we run into with this are are similar to uh the previous item.

Um so regarding the gate, the details from the applicant uh are are lacking.

Um staff spoke to the property owner to obtain a description.

Um I did reach out to the um to the uh applicant or the fence company and did not hear back.

Um I didn't finish this next bullet point, so I'll finish it right now.

So it uh in speaking with the uh uh the property owner, she described what what was going to be put there and that it will be constructed of semi-transparent um wrought iron or tube metal.

Um it'll be located at or near the property line, as you can see in the um just kind of a close-up here of the uh site plan.

The gates, as you can you can kind of see it's they angle it a little bit so it goes in a little bit closer to the property, and just just for reference to the distance from where the proposed fence will be located to the back of the sidewalk is nine feet.

Um so uh going back to the gate, the uh it's approximately nine feet of uh approximate approximately nine feet of public right-of-way between the proposed gate and the back of the sidewalk.

The site plan includes the gate open, uh the gate opening inward toward the property, but no good gate plans were submitted to confirm this.

Um here are some site visit photos.

So here's straight on.

Um I kind of zoomed in on this photo here so you can get an idea as to the gate, um, and then of course the fence that would go along here.

So impact analysis and mitigation.

Identify potential impacts or safety hazard safety, excuse me, safety hazards related to visibility of pedestrians and vehicles, uh vehicles waiting for the gates to open in the public right-of-way, blocking pedestrian access of the sidewalk and cyclists using the shoulder of Highland Drive, gates opening into the public right-of-way, um, impacts uh related to emergency vehicle access.

Proposed mitigation is that all requirements of the Draper City Engineering Building and Planning Divisions are satisfied throughout the construction of the fence, including permitting, that the fence shall not exceed six feet in height and shall be constructed only in the locations indicated on the approved site plan, and that the fencing should be constructed of precast concrete as described in this report, that the uh that plans regarding the automatic gate feature shall be provided to staff prior to its installation, that the automatic gate shall not exceed six feet in height, that the automatic gate shall be semi-transparent and uh constructed to resemble uh to either be or resemble wrought iron, um, that the automatic gate shall not open towards the public right-of-way, that the automatic gate shall not exceed six feet in height, and shall be constructed uh 20 feet from the property line, that the electric that or that an electrical permit from the Draper City Building Department shall be obtained prior to the installation of the automatic gate, and that the Draper City Fire Marshal shall review the automatic gate plans prior to their installation.

Now I need to talk about this.

There is a report correction that I need to make.

Um that uh Commissioner Nixon was kind enough to point out to me.

Uh condition number eight.

Um in the report, I accidentally left 18 feet.

Or and it should say 20 feet, as it says here.

And it mentions throughout the analysis as well.

And then the sample motions on two of them include home occupation.

That should not be there.

So I have uh cross that out.

Um the first motion sample motion does not have home occupation.

I don't know how that happened, but I apologize for the mistake.

Here's an exterior photo of the property.

Um that's the end of my presentation.

Any questions.

Great.

Thanks, Nick.

Appreciate you.

All right, is the applicant here?

Come on down to state your name, and then you can add anything you like to your presentation.

Hi, I'm Carolyn Hensaker.

This is my home.

Um, but I would love for Lavar Christmas to speak on my behalf.

And um, this is Kevin.

He is um the fence contractor, and he'll answer any questions that you have about the fence in the gate.

Okay, great.

Who wants to go first?

I'll go.

I'm Kevin.

Um, you state your last name too, Kevin.

Uh Kevin Holfeltz.

Thanks.

Um, so I just had a few things that touch on the automatic gate.

Um we shifted it on that plan, so it's actually going to be 20 feet back.

Um from so it'd be 12 feet from the sidewalk.

Um, and then it will open inwards towards the home.

Um for the power, would we need to get a permit for the power if it was off solar?

So this won't be question answer, so just hit us.

Oh, sorry.

I I can I can wait till he's done it and follow the rules.

Perfect.

No, I mean yeah, you can ask that stuff here.

So that's what but again, if that's something you guys can discuss on there.

So I did talk to the to the building department, um, and they said that they that a an electric permit would be required.

However, since I don't have any, I didn't have any plans regarding the gate.

I I don't I didn't know that it was solar powered.

Got it.

Even still, we'd need to consult with the the building department to determine if that would still require any type of special permitting.

Great.

I'm just taking some notes here too.

I'll add the fire department does a review as well.

Okay.

So there they'll be a review regardless.

Okay, perfect.

Okay.

Anything else?

No, that's okay.

Thank you.

Got it.

Thanks.

Thank you very much.

It's always such a uh touching and inspiring opportunity to be here with all of you.

Um, family, we've been here for 35 years.

And um I've developed properties.

I'm an attorney, but also have developed properties all up and down Highland Drive, Steeple Chase, Hickory Ridge, Coggy Farm.

And we live just two blocks around the corner, walking distance from all of this.

So I want to thank Todd Draper and his outstanding team.

He came and met me on the property in person.

We inspected everything, really gone the extra while extra mile.

So I come before you tonight in the spirit of good, better, and best, and I would honor Carolyn for her generosity and her graciousness.

She's gone the extra mile.

She the result will be the best fence and landscaping anywhere on Highland Drive, right there as it comes to the golf course, and our first home backed up to the golf course right by that.

But the only confusion along the way and the conditional use permit process and the evolution of the ordinances, and again, I'm very familiar with those, the very first ordinances that were ever adopted back in the beginning.

So thank you.

But the only confusion is that it's being called the front yard, even though for 30 plus years the home is always faced south.

And so this would have been the side yard, and it would have had a much more reduced 12 to 15 foot site setback.

But instead, the two neighboring homes, the uh skeins and the moors, the moor home is 21 feet from the front of the house to the street.

The skeins are 18 feet from the front of the house to the street, and Carolyn comes before you with this proposal, 53 feet from the front of the house to the street, and with the highest quality fence landscaping, and now the only remaining issue really it is just it'll it'll be fine.

We can work it out with the city, no problem.

But the final step was to do the uh security fence right there on the driveway.

That's the cherry on top of the cake.

Everything else, what this fence will do because they have a pool there and with the golf course meals, it'll provide privacy, and that'll be much much appreciated, but so beautiful.

Further down, all of the examples are six-foot wood fences that are right up to the sidewalk and only a little three-foot landscape strip and a three foot and a sidewalk, that's it.

But if you look at this, um the um right here.

Sorry, um, can you state your full name for the record?

Thank you.

Lavar L A Capital V A R Christensen C H R I S T E N S E N.

And do you need any other information?

No, just the name for the record.

We were gonna get that at the end there, just for the transcription.

Go ahead.

We wear a lot of uh uh hats, different hats, but I'm honored and humbled to have served six terms as your representative in the Utah House of Representatives, chaired the judiciary committee, but again, through all of the real estate, and as a boy growing up, my dad was the mayor of a town at an early stage like this.

So we've always loved land use planning, municipal law.

But here, lastly, is here if we have um the only remaining issue is the driveway, and we've explained all of that.

And um, so I I think you'll find if you have any questions, I'm here to answer it.

But if you look at the drawing and everything else, um it's just first class, beautiful, and uh everything around um if you were trying to somehow cut way, way back, then you'd challenge the the the difference legally, the difference between front yard and side yard setback, but it again good better and best.

She's voluntarily generously graciously gone to the highest level, and um we just thank the city staff for helping us cooperate and respectfully ask for your yes vote that we might be able to go forward and this will complete what has been a beautiful enhancement of the neighborhood.

Ironically, just down the street and around the corner, right behind our house, there's a new home under construction, and it's barely 10 feet from the curb of the street to literally the the building itself.

And so again, um if we were looking for precedent all around, but you have to take it one by one, case by case, and so again, I I think Carolyn deserves some real significant praise.

And again, Todd and his department certainly does.

Their team, they've worked together, and we just hope that you can ratify that and let us move forward accordingly.

If you have any questions, I'd love to try to answer anything that you might want to know more about.

Lavar, if you can stay right there, can you go over to the condition uh list of conditions?

Okay, so something was said that you were moving the gate back 11 feet back, 20 feet from the sidewalk.

But this uh does this not say that it's 20 feet back from the property line?

Is that what you have here, Nick?

I think it's the 30 from the city.

I was telling what the other two homes that are characterized as a front yard that are on Highlands.

Right, but as you mentioned, Lavar, we don't go off precedent, right?

This is just case by case.

So what we're looking at here is that the automatic gate shall not exceed six feet in height and shall be constructed 20 feet from the property line.

Is the uh and again Nick hasn't received any plans showing that, so I just want to make sure there isn't any discrepancy between all the the I guess the builder mentioned and what you're doing.

There, we had the property surveyed, we came back, we lined it, everything, and so all the proposal matches that.

And then Todd, you saw the the surveyed results.

We don't have it, we don't have a plan.

So what I'm asking, what I'm asking is without having a plan when you do submit it.

Again, what we'll do here is just as I said before, well, if this gets approved like the others have, um everything will be up to the planner as per these conditions, not as per something that was perceived or said earlier.

So I I really want to pin down this 20 feet from the property line.

Can I ask Todd?

Does this match this match?

Don't it actually Todd, does this match what you and Nick?

You need to talk to Nick.

Nick is the one, so too Rick Nick, why there we go, right there.

Nick, does this match what we um did on site, and then we in in response to that, we came back and we surveyed it, we chopped it, we lined it, and so right now everything, and then you your team came back and saw that again and approved it and said, So here we are.

So now if you need an additional drawing, if you need an additional drawing that we can have our architect match it.

But I know what you're saying, whatever the wording, you're saying whatever the wording says, that's what it means needs to be.

And I believe that what we did does match that wording.

So I'm trusting them with their wording to do what we agreed and confirmed.

So hold on, Lavar.

So Nick, do we have a schematic or a plan with the proposed that matches, or do we have one at all?

So we have we have plans for a fence, not the gate.

I got it.

And also I've never been to the property with the with Lavar or the applicant.

I I went independently and took my pictures.

So I I'm not aware of this conversation.

What I am aware of though is that they did submit an application and it went through the review process.

So we have the fence.

No issue with that.

Go ahead, Todd.

Yeah.

So I will add to that.

Uh I did go to the property, uh, did meet with them, did look at the issues they uh rose.

Um, but we did not agree to fence locations, anything without a plan.

They were told to submit the new plan.

Um that's what was submitted to Nick.

What and that's what he reviewed.

And we all know that there's no way, even had you said, yeah, that's what we're doing, that's not the process, and that wouldn't be valid.

We don't approve things on the city.

Yeah, you don't approve things you know on a condition.

We were we were simply looking at the location of the property line with respect to the rest of the front.

Uh and that's what Nick has reported is approximately nine feet behind the sidewalk.

That's where the front property starts, similar to the last application.

The fence will be just on their side of that property line.

Uh, the gate needs to be set back so that we don't have the issue with the sidewalk.

The difference here is we have the sidewalk is.

So look at this, look in this this plat map here, this this aerial, the yellow line is the property line.

Correct?

Yellow lines the property line.

That's correct.

So that's the south.

That's the south.

Are you looking we're looking where it says gates?

The bar right there says gates.

Yeah, and the gate we know is a new issue, and it's not controversial.

We're down, we're gonna go implement everything that you're telling us from the gate.

But the fence over here on the east by the street, okay.

If you look at that, you can see that for the 30 plus years how the home has faced south and everything else this way.

So that would be the front, but instead, we're treating it as if east is this is the front, and so they're going the extra mile, and they're going like 53 feet total when everybody else in the area is like maybe 18 or whatever.

So we're not objecting, we're just showing you how much goodwill there is.

And so now uh the gate, don't worry about because that's that's a new issue, additional one, and we're just following your directions and your instructions.

Much appreciated, it's gonna be attractive.

I think they have a picture of what it'll be look like at, but um, we'll come back to you with what you need for the gate.

But that's honestly the only issue.

There, the fence and the issues pertaining to Highland Drive, all those have been worked out.

We've taken care of it professionally, technically.

Do we sorry to interrupt?

Do we have any can do we have any conditions that that are what's being referenced here?

Um I mean, in terms of the actual fence itself, they're pretty standard conditions.

Sure.

Um and and they've been they've been they've been met, and so I I mean we don't even need goodwill Lavar, we just need the the conditions to be met.

That's it.

So we appreciate both.

Thank you very, very much.

So good.

So that clarifies that.

So the gates outstanding, 20 feet back from the property line, not nine feet from the fan from whatever was said, that's okay.

They'll get that, they'll get that figured out.

And we've all discussed uh, you know, why, right?

So that we don't have cars queuing up anywhere near that's not I mean they're they're supposed to it's your driveway, right?

You're you're creating a uh a uh interim driveway while that gate's waiting to be open.

That's all we're doing.

So yeah, so it doesn't sound like there's any bones to have contention or anything.

So that's not great.

I hope you know how much we love our city and how grateful we are for all of you.

Thanks for thank you.

Thanks for the vote of confidence.

All right.

Anyone else uh from the applicant side?

We all good, Caroline.

Okay, all right, great.

Well, we'll go ahead and open this up for public hearing.

Who would like to address this agenda item?

All right, we've given it a minute.

We don't see anyone, so we will go ahead and close the public hearing portion.

All right, commissioners.

I have a I have a question.

Yeah, go ahead.

So um the other applicant that had a gate, we didn't make them go back 20 feet from the property line.

We guess we have a head.

Yes, we've got to do that.

That was the conditions we did.

Well, because the sidewalk was the we didn't.

No, it was 18 and 20.

It had to go back 20 feet.

It might have been looked a little bit unclear from the schematic because they also did not have an updated schematic showing the 20 feet back.

Again, all of these uh uh I I don't I don't care how they do it as long as it complies, but there's two ways to do it.

You move the whole fence face so it's all parallel in in sequence in line, you move everything back 20 feet, or if you want to bring that property that fence out, you can then jog it back in and then have that 20-foot driveway jog.

You've seen that in these nice manners.

I mean, this seems to be a trend here in in in design and landscape architecture and and property management.

So you see those nice manners from back east or Beverly Hills, wherever, they're never queuing out on the street.

Those fences are up to maybe the whatever this legal setback is, and then they jog back in and the fence is there.

Cars can move in as if it's the driveway, they talk to the security gate, and then they wait for those gates to open inward.

So that's what we're the anything I said right there, is not out of line with what this would need to look like, correct?

That is correct.

And just to be very clear too, this the fence that's being proposed is not nine feet away from the property line.

It's nine feet away from the back of the sidewalk.

It's sitting on the property line.

Right.

This gate here.

I mean, the fence itself is I think is it's pretty standard.

It's um I I think it's there are no issues there so long as those conditions are followed.

They really the the issue comes down to the gate feature.

And part of the issue is just the lack of information that was provided.

Um then the closeness to the um well, the fact that it's right up on the property line, especially here along Highland Drive.

If they were to open or if cars were waiting, you would be literally over the sidewalk and into the the shoulder.

So really it's just this schematic right here is incorrect.

You'd have to have a little 20-foot in box rectangle that's being inserted there.

Yeah.

Which would be the ideal way to do this.

You would you would never you know move that back in 20 that whole fence line 20 feet and put it right up against the house.

So that's not what we're asking.

So uh yeah, so that that's we're clear on that, right, Nick?

Yes.

Good.

That was your any other questions, Lisa.

I'm sure you got some more things.

Oh, I just had one more to find.

Um Nick, um, when we look at a at a plot like this, what do we consider the front?

Is it it's not the front of the building itself, it's the front of the lot that we're thinking as the front.

Um so it would be, yeah, it would be I mean, according to to the code, it would be the the side that's facing the street.

Yeah.

And so that's where the four-foot fence would only be allowed, but they want a six-foot fence.

Um do you have any concerns about that six-foot fence being solid concrete?

I I do not.

Um my main concern about having fencing along here is related to to safety, just because there are many uh pedestrians and cyclists who use this.

So if you who use Highland Drive.

So if you're pulling your vehicle out and you have a gate, a solid gate, and you pull out, I mean, there's you run a very high risk of of hitting somebody.

Right.

Now where that gate um is ending, the solid gate.

Um do you mean the fence?

I I I mean the they would have I mean, as long as they can they have clear view, uh that's that would satisfy safety requirements.

So as long as the vehicle is able to see outward, as long as it's cut back enough so that the vehicle can see outward to make sure that, and so that people coming won't can see the vehicle coming out.

And again, you don't have a schematic of that yet, but that's what it would need to back and forth will continue to be with this conditional use permit.

So that gate adheres to it's the first line, all the engineering and because it's got to go through fire safety, you know, all that.

And the clear view is typically is 25 feet.

Has the city engineer have any comments on that as far as clear view?

So the clear view in driveways is typically a lot shorter because you don't have any speed.

On the clear view on streets, and especially intersections is a minimum of 30 feet.

So at driveways, typically it's a lot shorter of a distance just because the cars exiting and entering the driveway aren't going more than just a couple miles an hour.

But we'll we'll make sure that they have adequate distance.

That's part of the reason for setting the gate in, is because then it gives them a typical driveway setup to be able to pull out towards the street and and to see pedestrians and bicyclists and other cars.

And then I had one other comment.

And Mr.

Christensen can't re keep referring to the house being there for 30 years.

This house doesn't look 30 years to me.

Is it replacing a previous house?

I mean, I believe I believe uh Mr.

Christianson was talking about his own property and not that the applicant's property.

Well, well, either way, I mean I I uh it why is it even relevant where the front of the house is?

In this case, it really isn't when it comes to the gate.

Right, because when he was talking about that, it's like we we've seen your little schematic.

Remember, I mean, years ago, what's the front?

We have a corner lot, right?

And the house is is uh that's where that's why you brought up a schematic, right?

So you you're basically saying, hey, look, is it the left side, is it the left corner or the front front corner?

How should the house be positioned on a lot?

That's not even an effect here because it's it's not relevant.

So just because it was brought up, I I don't know if we we don't need to get hung up on which.

I just wanted him to clarify for the public, but also they're putting fencing on there.

That's the other issue.

It's the gate and the fencing that we're discussing.

Right, and that's part of the conditional use permit.

So it's the front of the house.

Regardless of how it's oriented on the lot, the front is along Highland Drive.

Right.

Period.

Right.

Doesn't matter how you how you blow up the house down, doesn't matter if it's been there before.

So it's irrelevant because that's what they're asking, is they're saying, hey, along the front of my house, even though it's the side, I'm asking to go from four to six.

I agree.

Which yeah, which the code does allow for, I'm sure conditional use permit as it says in the section.

And don't we love precast?

I mean, I'm that's a that's a huge expense.

For sure.

I'm so glad to hear it's not a hedge row.

And it is consistent with the fencing that does exist along Highland Drive.

Exactly.

Yeah, so that's great.

All right.

No tree diamonds either.

Electric sided, yeah.

I guess so.

My my thanks for the personal uh privilege there.

So all right.

Thanks, Nick.

Did you have any more questions, Mary?

Actually, they got answered um along the course of others' questioning.

So perfect.

I'm good.

All right.

Anyone else?

Okay.

Great.

So we've already have lost track.

We've already put this up to public comment, so it's all up to us.

What say you?

Um, I think this is pretty straightforward.

So I'd like to make a motion.

Go ahead, Gary.

I move that we approve the conditional use permit as requested by Elite Fence Repair representing Carolyn Huntsaker application 2025-0228-USE based on the following findings for approval and subject to the conditions listed to the staff report dated May 15, 2026.

And the findings are approval that the proposal complies with the Draper municipal code.

Perfect.

Thank you, Gary.

Who will second that motion?

I'll second.

All right, thanks, Mary.

Okay, let's go ahead and put this one to a vote.

Let's start with you.

Gary.

Yes.

And then Mary.

Yes.

Lisa.

Yes.

Susan?

Yes.

And Kendra.

Yes.

All right.

Congrats on that.

Good luck with your gate and your plans of schematics.

So we appreciate coming in.

I know the planners will take good care of you.

All right, let's go ahead and move on to our next public hearing.

This is the Cherry Creek block valve conditioned use permit.

It's on the request of Matthew Pulsifer representing Inbridge Gas, Utah, a conditional use permit for the installation of a utility substation on approximately 3.39 acres.

It's located at approximately 13461 south, Highland Drive.

It's known as application 2025-0025-USE.

So our staff contact on this one's Todd Draper.

All right, thank you.

So you might remember this one having been continued uh about a year ago.

Um this is the Cherry Canyon block valve conditional use permit.

I also apologize for somehow getting Cherry Creek in there on the on the agenda, but uh everything else uh does denote that it's Cherry Canyon block valve.

Uh this is uh application coming from Enbridge Gas for a utility substation.

Uh this is the vicinity map along Highland Drive there.

Uh property is owned by uh the HOA, but they did sell easements to Embridge for uh the purpose of installing this uh facility.

This is the aerial uh the the actual location I'll show you here in a minute.

They had a a better diagram of where it goes.

Uh but it's it's just across from the rodeo grounds there.

Uh the land use here, of course, is that low medium dense.

Oh, sorry, low medium density is the other side is the uh open space, and then it is the RE2 zone.

So this is the site plan.

Uh it will uh come off of Highland as you see there.

There'll be two driveways, it'll kind of have a semicircle here.

The main drive will uh come into the property this way.

It will have a fence enclosure around the valve, which is smaller area here, and they can actually pull the vehicle into the the compound if you will.

Uh and then the reason for the two driveways is so that uh for safety purposes, they actually don't have to back out at all.

They can turn around on the on the property there and and go back out.

Here's their uh better location if that helps a little bit.

So it will be just a little up from the entrance, uh just a little kind of uh to the east.

Uh the user just a couple of drawings help kind of explain what that is.

It is very simple, it's a valve.

Uh they have the existing line in, and that you can kind of see here they already have the existing line, all they're going to be doing.

Uh and they can probably explain better.

Uh but they'll bring it up above ground, put the valves in, goes back down.

So we're really just looking at this section right there.

Uh, and it does comply with our our size requirements for conditional use.

Uh, and then this is just the elevations you'll see uh with the fencing material that they're gonna be putting up uh as it kind of steps up the hill uh on on all the sides.

Couple of site photos, one real late at night when I uh went out a year ago, you'll see the home up the hill, and then uh another one here more recently.

Uh you can kind of see where they've kind of started staking some of that out.

Um there was one public comment that I didn't include in your packet, so hopefully we've had a chance to look over that.

And then uh Susan also pointed out that uh I got the year wrong on the date of the report in the suggested motions.

It's 26, not 25.

But uh given that this is application 2025, 0025, that just seemed to be the number that uh I like to go with there.

So apologize for that as well.

Uh but are there any other questions you might have for me on this?

All right.

Thanks, Todd.

Is the applicant here?

I come on down and just state your name for the recording.

Yeah, so my name is JD Kessler.

I'm an attorney for Nbridge Gas.

Matthew Pulsifer is the land agent, and his name is on the application.

Um as Todd mentioned, this project has been kind of going on for a year and a half, and poor Matthew just took over this a few weeks ago from another employee.

So I'm here to explain it to you to or answer any questions you may have.

This facility, um, as you may have read in the the packets, is an automatic shutoff valve facility.

And so it is not a facility that has there's no motors, there's no equipment on there that is has noise to it.

Um, it's not a lit facility.

Um, it is literally a situation where we have an existing pipeline running through the city, and it's the main line that is providing gas to the to the city, really, because then there are various reg stations in places that take gas off of that big line uh at about 300 PSI, and then they put it into a smaller pressure system called an IHP system that runs to your homes at about 50 PSI.

And then at your home, you have another regulator in your meter on the side of your house where the gas is reduced from 50 psi down to like ounces, uh, very really quite low pressure at that point.

So those facilities, sometimes you get we get people asking about those, and some they they ask about noise, etc.

Those facilities sometimes have a little bit of noise to them simply because you're taking a high pressure and turning it into a low pressure.

So think about when you have your hose running and you may hear the water running through the pipe.

It's because there's pressure going through and or and and sort of changing from the pressure in your house into your hose.

In this instance, the automatic shutoff valve will literally be there doing nothing uh unless there's an emergency.

If there's an emergency, if there was an earthquake that changed pressure in that line, if someone I know the comment in the one of the comments in that email in your packet said something about what if somebody shoots it?

Well, the truth is having automatic shutoff valves is what protects the system from an event like that, because the second the pressure changes in the system, that's when the valve closes.

So and it happens automatically.

Now, when that happens, there will likely be some noise.

It will be similar, like I analogize to your hose bib when you're turning the hose off.

Uh, you're gonna hear that the pressure is changing, and that's why you hear the kind of whooshing.

So when that valve shuts off automatically, though, it's gonna be mostly an instantaneous.

I mean, you know, faster than I can snap.

Um, the only other time you that valve will be actuated is once a year for maintenance.

Uh, and so it will be shot on and shut off.

It is possible that there will be a little noise like that whooshing noise when that happens, but because in that situation, there isn't a change in pressure occurring, it's virtually, you know, I mean it's so quiet at that point.

I mean, you may hear something if you're standing next to it.

But so this facility like uh is in the the packet, it is uh 12 feet of pipe where it comes out of the ground, runs 12 feet at a height of about three feet high, and then back into the ground.

The location that uh was in the pictures, you know, that that night picture, sorry, Todd, isn't isn't awesome.

The location that uh was in the pictures, you know, that that night picture, sorry Todd, isn't isn't awesome, uh, but the location was chosen for a couple of reasons.

One that 20 foot by 40 foot area uh where that facility will be in a spot where it does not disturb any existing oak because it was important both to the HOA when we bought this easement eight years ago.

Uh, I think when talking with Todd in the city, you know, last before it came up, you know, a year and a half ago, it was important that no trees would be damaged.

Uh so that's it's sort of located into a little pocket.

Um, the other thing that's going to happen is we are cutting the grade there because as you know, if you've driven along that road, it the hill goes up and then the oak is up above it.

Um, in order to drive in in those driveways, you are going we're gonna have a cut so that we drive in, there'll be some retainage, a concrete retainage that goes in, and that fencing, which will be wrought iron, will sit on top of that.

So that valve will actually be down low enough that you won't see it from up above.

Uh, and that was important to the neighbors.

We spent over the last year and a half, we met numerous times with members of the Steeplechase board, uh, and with one particular neighbor, Jeff Spangler, who lives immediately uh adjacent to this area, and you know, discussed that and and talked about it.

And frankly, we talked about whether or not we should move it a little to the north, a little to the south, something like that.

And what the HOA, Mr.

Spangler, and we decided is you know, if we move it anywhere, it's going to, if you move it south, Mr.

Spangler's gonna see it likely more because there's a kind of path through the trees from his backyard.

Um if we move it to the north, we would have to take out oak.

And and the HOA didn't want that, and frankly, we didn't either.

So yeah, the other thing is I there's a note in there about having us paint the gate and fence.

It was supposed to be wrought iron, which I didn't think we would typically.

I I think that's usually just black.

It says something about painting at an earth tone.

That's fine if that's what's wanted.

Um, it was it was the only thing that was maybe a little bit of a surprise.

And uh otherwise, the concrete that you're gonna see there from the outside, because of the way it's gonna retain the hill, you're not gonna see the concrete at all.

Or or I shouldn't say at all, very, very little.

Any questions?

I do have a question.

Yeah.

Um there any other locations um in Draper where there's another site like this for Enbridge.

I don't the comment you you referred to the comment earlier about the the public comment.

Yeah, you know, and their concerns, and I'm just looking at the one one that wasn't addressed, is just that it's too large for residential area.

It's a fire hazard for residential area.

Um I don't think the fire hazard is is a concern, but is it is there another location that we would use as an example?

You know, in Draper, I'm not sure.

So the automatic shutoff valve requirement is a FIMSA, it's pipeline uh hazardous safety materials administration, it's a federal program that governs pipeline safety, and the Utah Public Service Commission has has adopted that as their standard.

FIMSA has required this over the last, it's really been over the last 10 years that the company has been going around and installing these automatic shutoff valves.

This line, this feeder line through Draper is new because it was installed in about 2016.

Um I think this might be one of the first in Draper that I can think of.

Some of the others I can think of, I mean, we have them all over the state uh at this point.

A lot of them have been in the last eight years.

Uh there's one the uh there's one I can think of right next to the seminary building at uh Jordan High School, uh, right up against there, it used to be the Joanna's Kitchen property.

Uh there, and and they're they're kind of they're kind of all over.

Sometimes they're you know, you can co-locate them in other facilities that exist, uh, but then that leads to a bigger footprint, you'd have to put them next to a rig station or something.

This seems like a logical place.

Um it's because it's across it's across from the equestrian part two, so it's not necessarily facing or in a residential area, it's on the edge.

Yeah, and and that's well, and that's a good point.

One thing that's important about these is according to FIMSA regulation, we have to put them every so often.

And so this was in an area that if you were to draw that black circle where the project location is, it the circle where we are required by law to put it isn't much bigger than that circle.

Um, so we looked at the idea of trying to put it around the corner and almost in the the kind of canyon there, but then it's a problem, it's a little further off the road.

It's but it's in open space.

Um, and if you got further north towards that limits, um you're even closer to to residences, and it's harder to have access off the high off the road way there.

So that answers I had a question of why now, right?

And so it looks like there's a new length of uh line there.

And then I didn't see anything, maybe I missed it in the report.

What does this look like from the road?

So I mean, you've got your east wild the profile, is that all we're looking at?

I mean, it's that clear cut, that's what it would look like.

So you've got scrub oak, you've got scrub oak, and then right there.

That's the scrub oak will be around the outside of it, because it's like I'm not missing anything other than that.

That's what it would be.

And then, and then that's that's our front elevation, and then that aerial shows that this this assembly is actually set to the very far back of the Yeah.

That now that picture on the right, you can sort of see the stakes towards the the front of what that would be.

Yeah.

Um, and and you you know, we will try to limit what we cut.

I think there was a requirement, or at least we were planning on um the the driveway was going to be sort of done in a way I don't think it's not just it's not just asphalt.

It was uh done in a way that it's supposed to blend in and look like the the area adjacent to it.

Yeah, it sounds like that's why they're going with that earth tone fence and fence painting, et cetera.

So I don't have any other questions.

And and that's actually something the fence too is one of those things.

It we have found in a location like this.

We have one, we uh we have a different type of facility, but we have it right up by Kimball Junction in Park City.

And it turned out really awesome because having the uh the kind of open fence there meant that for the most part from the road, you sort of looked right through it at the trees behind it.

And so we like that.

It it looks a lot prettier than some of the stuff they did 50 years ago.

Sure.

Because it's only a three foot rise, but you've got a fenceless thing with six feet, so yeah, got it.

Well, and my question was about the wrought iron fence.

If there was a reason that was what was being proposed, uh if there was a reason that was being proposed, and is that just a visual effect?

You don't want it doesn't need to be closed off completely.

No, the nice the nice thing is not being closed off is a little bit better because you you can see from the road if somebody was in there doing something.

So we like that.

Wrought iron is a lot prettier than chain link.

Uh and we we talked to the neighbors, uh, Mr.

Spangler and the HOA about if we should put something if they wanted something on the top side that was a visual barrier.

And when we stood up there on the property and looked at it and thought about where we were cutting down, uh, you know, the visual barrier would actually probably be worse from them.

If you were standing in their backyard looking at the fence, which is about as close as you'd have to be to really see this, but if you were standing at their fence looking down, this way you look right through it to the road, and it's it's kind of like it's not there.

Okay, thanks.

Okay, we don't have any other questions for you.

So before we'll invite you up, we need to after public hearing.

Let's go ahead and open this up for public comment.

If anyone liked address this agenda item, go ahead.

And again, if you just state your name and we'll go from there.

This is a shock to me.

I would have never known, but I still own that property.

They they don't that the owners association, that the homeowners are the interior, but I pay taxes on this still currently every year for the last 20 plus years, it even goes over across into the rodeo area.

But the reason I retained ownership all this time was to protect the people, because the state has says that someday they will widen the road if they ever solve the Dimpledale ravine.

We have the same issue over on Seventh East, where we have an office building Liberty Square, but we've been able to get state approval to landscape all the way up so you don't just leave it in an ugly state for year after year after year, like so many people have.

So somehow somebody mistakenly thought that they would go to the HOA, but this property is not part of it.

What I passed on to them all these years, and even if you go a little bit further to the north, what we did too is I didn't want to leave it in weeds like so many other developers have.

So if you look at it, went up to Oregon and handpicked all these mature trees, it's beautifully landscaped on it, maintained.

But then when it gets down closer to that area where it just stays in scrub oak, as you're saying, all this time I've been waiting to see if I could protect all of this, but to think that they've somehow gone up there, the spanglers who you mentioned, they're wonderful people.

But to think that they've somehow gone up there, the spanglers who you mentioned, they're wonderful people.

But when there's some of them wanted to expand, if you saw those photos again, some of them were just pushing their backyards out onto that area without honoring their actual boundaries.

And so they would come to me as the owner and we would discuss whether or not to do it.

But this whole thing here, right here, they don't have legal title to it.

If they sold an easement, I'd like to know how much they paid.

Aesthetically, I'm but if I if you had timeout and gave me a window of time to catch up, then I could meet with the city attorney and all of you.

And I have a great relationship with the ongoing um current HOA.

I help them all the time with standards.

But to go forward on a mistaken assumption that it's been deeded over, it hasn't been.

And like you said, I'm still paying taxes on it, but I'm very open.

I'm not selfish at all.

I I did this to protect our city, everyone aesthetically, so that the state wouldn't come in and somehow try to transform this.

It's happening over on Seventh East.

And honestly, on Pioneer Road where we live, we put in curb gutters sidewalk, and we were promised 30 years ago that the city would come eventually and do it.

Little kids can't even get on the school bus in the daytime.

The city still hasn't been able to get to.

Now I'm told 30 years later that Fort Street is the next priority, but maybe the Northeast Corner of Draper will finally get an extension.

And the but those aren't criticisms, those are just factual summaries of what we're now dealing with.

But please, please, please.

I would have never known if I wasn't here tonight helping this, and I get the agenda, and I stumble onto this discovery.

And if you just call timeout, if you just call time.

Well, we'll time call timeout.

We'll still uh keep public hearing going, and I may not close the public hearing, so I'll let you go ahead and be seated and then.

We'll go ahead and keep that, we'll we'll keep that as public comments and keep in mind that I'm not only the owner of paying the taxes, but I'm a longtime attorney and I know the specific of this issue very, very well.

Three minutes, thank you.

All right.

Anyone else would like to address this agenda item?

Okay.

I'm gonna leave this open for just a minute, and then we're gonna wait.

Did Spencer chat with you?

Spencer Spencer went back to his office to his desk to look some things up.

Um I think what do we do with our public hearing?

Leave it open.

Um, I know once we close those sometimes when we when we close public hearing, then it's uh written in stone.

So you tell me.

Can we move on to the next agenda item?

We could we could do that.

What we could we could suspend so Susan's asking, do we just move on to the agenda item while we give them some time?

Why don't we do that?

Okay.

With the applicant, I'll go ahead and and uh this is just gonna be paused.

We're gonna move on to the next agenda item.

A little unprecedented, but we'll go ahead and do that and then come back to this.

Sound fair?

Great.

Okay.

Yeah, I think we need a motion.

Let's do it.

Let's motion.

I'll make a motion.

Go ahead, Lisa.

I'll make a motion that we suspend this item.

Um and carry on to the next, and then come back to it.

Thank you.

I'll send.

Great.

So let's go ahead and put that to a vote.

Lisa.

Sorry.

Yes.

Mary.

Yes.

Susan.

Yes.

Kendra?

Yes.

And Gary.

Yes.

All right.

So that's suspended for now.

And we'll go ahead and move on to our this evening or is later tonight.

It's later tonight.

So we're just gonna move on to the next agenda item here.

So wait till our city council our counsel comes back and tells us what to do.

All right.

So let's move on to our next public hearing.

The Mitchell Landscaping Home Occupation Conditional Use Permit.

It's on the request of Michelle Mitchell, representing Mitchell Landscaping LLC, a home occupation conditional use permit for approximately 0.70 acres, located at approximately 1354 east, 1290 south.

Known as application 2026-0080-USE.

So Nick Whitaker's our staff contact on this one.

So go ahead and let's hear what you've got.

Me again.

Um Mitchell landscaping LC home occupation conditional use permit.

Here's a vicinity map of the property.

Here's an aerial map.

Um and this is uh just right off 129th and in the area of that 13th East and 129th in that area.

Uh here's land use map.

The land use designation is residential low medium density.

Uh zoning map is RA2.

So here's an overview of the request.

It's a home occupation conditional use permit.

The applicant is requesting to operate a home office that provides landscaping services.

A room in the dwelling is used for a for business administrative purposes.

Uh appointments are scheduled online and services are provided at the customer's property.

No customers come to the home, no employees come to the home other than the employees who run the business who also live at the home.

Um an enclosed trailer that contains landscaping equipment and includes a business logo wrap is parked at the property.

Here's a site plan that the applicant provided.

Um the street just north of the property is 129th south.

And here's the floor plan.

Uh it's just a uh five by five office space in the home, uh, just used for administrative purposes.

And in the side yard here is where they park their trailer when it's not in use.

So impact analysis and mitigation.

Um identified potential impacts for customers' employees coming to the home and associated traffic.

The vehicles parked on the street, noticeable noticeable business related equipment and vehicles.

The proposed mitigation is that all requirements of the Draper City Engineering, Public Works, Building, Planning, and Fire Divisions are satisfied that a Draper City business license shall be obtained and maintained by the business owner for as long as the business remains in operation, and that only one business uh related trailer shall be stored at the subject property in the rear yard and the location illustrated on the approved site plan.

And that all equipment be stored inside of the business related trailer and not in outdoor yard areas.

Here is a picture of the subject property.

Uh over in this area is where the trailer is parked.

And that's my presentation.

Uh any questions.

I have a question.

So in the staff report, it says that staff did a visit to the property to observe that the rear property, the rear yard parking lot is located behind a shed and is set back far enough from the street that it conceals the trailer.

But then the site plan doesn't show the shed.

So what are we looking at here?

Which is which is the correct one that we're approving or going to approve or review, I guess.

And then also, well, I have another question for the applicant when they come up.

Um thank you for putting that out about the shed.

So the shed was not included in the site plan.

Um but in the when I did a um a visit to the property, the shed is actually right here.

And the uh the trailer is parked on the other side of it.

Right.

So do they need to submit a revised site plan?

Because what's in our packet again doesn't show the shed.

I I like the idea of the trailer behind the shed.

I think that's a better scenario.

So do they need to submit a revised one?

Uh that uh we we could request that.

I I think that is that's that is a fair request.

Um, just a a new site plan that would clarify that it is behind the shed to just put that in a motion and modified motion.

Yes, as a condition.

Well, I think that's a good idea.

Since the scenario improves the improves the proposal.

Yeah.

Yeah, okay.

Thanks.

Thank you.

That's good to point out.

We got the dates right?

And the dates.

Yeah.

We're gonna have we're gonna put Susan's.

Who knows what I was thinking that we do.

Appreciate that, Susan.

Thanks.

That's what happens when you get inundated with Sansomania.

Right.

Thank you.

All right.

Any other questions then?

Okay, great.

All right, is the applicant here?

Come on down, and you know the drill now, right?

You've seen it demoed.

So just uh state your name and then add anything you'd like.

I am Josh Mitchell.

I am the owner of the company requesting this.

Hi.

This is my wife, Michelle.

Hi, Michelle.

Perfect.

Anything else you want to add?

Um, in the photo that you have here, the trailer is actually in front of the shed on the north side.

Um there is room, however, behind the shed if that's where you want it.

We can just basically put it where you want it.

There is heavy have heavily landscaped area in front of the on the north side of the trailer, so you really wouldn't see it.

Is it is it almost where that Jeep is?

Is that where the trailer would sit?

See where the shed is.

It sits just on the other side of that scout, yeah.

Oh, it does.

So that's it.

There's even more space there.

Interesting.

Yeah, there's four or five spots right there for it.

Huh.

How big is that trailer?

It's a 14-foot trailer, just a standard enclosed trailer.

Okay.

I think the concern is we just don't want the advertising to be shown so that it like fills like it's a good thing.

Yeah, that and that's the building.

I'm not going to be advertising at all.

I'm I'm growing slow.

I don't want any kind of advertising.

Yeah.

So that that it sounds like that may just be one of the conditions just to uh send in a revision, right?

That you've got so that shows the shed.

And then where you decide to put it, we can I guess we can specify that too.

He's offered that, so just keep that in mind as part of a motion there.

Okay.

Perfect.

Well, we always appreciate you coming in doing this, right?

So this is a something you uh you should do, but most don't, so we appreciate you.

So thank you.

Thank you.

All right.

Anything and we'll open this up for public comment.

Oh, go ahead.

Sorry, thanks.

So um so I was out to your property um today.

And I I know you're doing some landscaping.

You chopped a big tree down the front.

Great, awesome.

Um practice in your business.

That's awesome.

Um, but I did have a question.

There was a skidster, and I think like a another piece of equipment at the back, a red wagon of some sort.

Are those there just for what you're doing now, or is that part of your equipment?

That is my equipment personally that I have, and it's stored on in the summer down at my lot, and then it's stored at my cabin property up in Duchesne.

So that will not be on the site all the time.

And that's not okay.

Because that was not specified in the application.

That's correct.

Thank you.

Perfect.

Any other questions?

Okay.

Again, we'll invite you back up if we need to afterwards.

Thank you.

Okay, this is a public hearing, so we'll go ahead and open this up for public comment.

Who would like to address this agenda item?

Okay, we don't see anyone, so we'll go ahead and close the public hearing portion.

All right, Commissioner, it's pretty straightforward.

Um, there's been some talk of a of the uh adding a condition.

So what say you want to do it, Susan?

And add the condition.

Well I like the idea, but back behind the trailer myself, but you mean behind the shed?

Behind the shed.

Yeah, behind the shed.

Excuse me, the trailer behind the shed.

Yes, so maybe so would we agree on that?

That would be a good idea.

Are we okay with that?

Is that better?

Yes.

And that they just submitted updated site plan to correspond with that.

Okay.

They don't need to.

Let's just do it.

Oh, okay.

Go ahead.

Okay, thanks.

I will then make a motion.

I move that we approve the home occupation conditional use permit as requested by Michelle Mitchell representing Mitchell Landscaping LLC, application 2026-0080-USE, based on the following findings of the findings for approval and subject to the conditions listed in the staff report, dated May 15th, 2026, with the revision that the trailer be located behind the shed.

Currently on on site.

On the site, yeah.

Perfect.

Great.

Is that the end of it?

Yes.

All right.

I'll second I'll second the motion.

Great.

All right, let's go ahead and put that one to a vote with the modification.

Susan, how do you vote?

Yes.

Lisa?

Yes.

Gary?

Yes.

Mary?

Yes.

And Kendra.

Yes.

All right.

Congrats on that.

Good luck.

Thank you.

Appreciate you.

Let's go ahead and we've got now our uh city initiative's public hearing.

You tell me.

Are you ready to go back?

I would make I'd recommend making a motion to go back to item one.

Are we ready to go back?

Okay.

Great.

So let's go back.

Who will make a motion for that?

I'll make a motion that we go back to the item for the Cherry Canyon block valve.

Numbered one D is in Delta.

Perfect.

All right.

That's the motion.

Who will second it?

I'll second.

Thanks, Mary.

And let's vote on it.

Susan.

Yes.

Mary.

Yes.

Gary.

Yes.

Lisa?

Yes.

Kendra.

Yes.

All right.

We are back.

Go ahead.

I'm going to give some time to Spencer Duchenne.

Go ahead.

Okay.

So I went to Salt Lake County Recorder's Office and I pulled the information on the subject property for which uh Ambridge is requesting the conditional use permit.

The all of the information that we have available to us from the recorder's office indicates that the property is titled under the HOA's name.

And that Embridge has an appropriate easement.

Mr.

Christianson's uh challenges to the ownership of the property.

Shouldn't be adjudicated in this forum.

You're not a judicial body.

You're a body that's vested with administrative powers from the city.

And for who to decide the true owner of that property is it's not the planning commission, it's not the city of Draper.

It's not even the well, if there's a dispute about it, then you know it's not really even the recorder.

Uh that's for a court of law.

And if Mr.

Christianson feels that he's got some kind of ownership interest in the property, um, then that needs to be uh adjudicated in a court of law.

That's not something that we are here tonight uh to decide in terms of your ability to decide as a planning commission.

It's a conditional use permit, so we stick to our tenants of whether how we grant a conditional use permit.

Um are there conditions that can be mitigated?

We don't have to eliminate all the conditions, we just have to mitigate those conditions to make it so that it wouldn't disturb the residential character of the neighborhood uh in a way that's overly intrusive.

So those are the things that you need to consider.

Um I've printed off uh both a plat document and um a recorded easement document that uh back the city's position that the HOA is in is the is the owner of this property and uh Ambridge has uh a legal easement to build this.

Um, and I will submit them uh to uh the record for the planning commission tonight.

Great, thank you.

Please speak.

All right.

No, yeah, we've already got again we've just heard what was said there, and I do still have the public hearing open on this, and you've already made some public hearing comments, so we allow that one three minutes per com per commenter.

Please note that's that's what we've got.

Sorry, Lavar.

The citizens, you're on notice.

I have a title license.

If you just hit pause, I'll go beat with everything.

Again, we just heard what our what are this is not the forum for it.

This is we're we're not uh we don't have it's out of it's out of our pay grade, it's out of our jurisdictions, so it's not the forum for it.

So proceed.

Why proceed on a false assumption?

Again, it was it was just mentioned as to how that can be handled.

So what we'll do since the public hearing is still open, I'm going to close the public hearing unless there's anyone that would like to address this agenda item that has not already done so.

Great.

Then we'll go ahead and close the public hearing portion.

And now we will go ahead and discuss and vote.

So commissioners, what are your thoughts on this?

I commend Embridge for working with the HOA on the things that they wanted to see um done to this piece of this this easement.

Hang on a second.

Uh just as a matter of procedure, we should be inviting the applicant back up because the applicant's opportunity to speak has been our standard procedures.

So before we deliberate is the planning commission.

That that'll be great, noted.

All right.

If the applicant would like to come back up, we'll go ahead and do that.

She's coming on Google search, was showing up my name, phone number, and then I've got I've got to ask you that we just can't have you uh disrupting the meeting.

I'm sorry.

Hi there.

Hi, uh happy to answer any questions.

I mean, this the comment that came up in the public comment is news to us.

Um it's the reason this was tabled a year and a half ago was because the HOA um wanted to talk to us and wanted the city to encourage sort of this process, and we were happy to do that.

Um and you know, our title search indicated that the HOA is the owner of this parcel on this side of the street.

I think Steeplechase Associates owns the other side of the street.

Um, but we didn't do a full title search on that.

But happy to answer any questions if anybody has any.

I have a question.

Has the easement been recorded?

It's all fully um on the recording side.

Yes, it was recorded.

Looks like we bought it.

I I I think I misspoke earlier and said I thought it was six years ago or something.

Looked like it was four years ago.

We bought it in 2022 and recorded it in 2022.

And it looks like it's recorded as Dominion, which is now Enbridge.

Yes.

Well, that's another interesting thing because it's court recorded as Questar Gas Company doing business as Dominion.

Quest our gas company is now doing business as Enbridge because uh they were just same same same entity.

And and there it is.

And as Benjamin mentioned, we've just we've just submitting this into the the entire application and and agenda item.

Okay.

Okay.

Sound first.

Yeah.

And it's so it's not even a new um easement.

It's been in place for four years.

Maybe we picked it up a while ago to plan this.

Okay.

Yeah, at least this one here dated 20.

This one says survey date uh 2022, yeah.

November 10, 2022 is what we're putting.

Yeah, it's stamped here.

Uh professional land surveyor, state of Utah, so Benjamin D.

Handle.

So we'll go ahead and and just submit all that when it's needed.

Do we I think we need to pass it?

Yep, we're passing it down.

Yeah, it'll go to Lori.

Passing it down.

Great.

Well, thanks for getting that.

So that was timely.

Anything else you'd like to add?

Um nope, not at this time, unless there's any questions.

Okay, great.

Uh thank you.

Okay.

Thank you.

Will you will you go back to the conditions uh that we've got on there, just the conditions.

Mitigation.

Yeah, sorry, the mitigation just not get them on a slide.

Oh, it's okay.

It's okay again.

Um, the conditions are basically that all requirements of the Draper City Engineering Public Works Building Planning and Fire Divisions are satisfied through development of the site and construction of all buildings on the site, including permitting all requirements of the geotechnical report are satisfied through development of the site and the construction of all structures on the site, and the construction of the utility substation be in conformance with the approved plans.

The disturbed airs site outside of the fenced area and access drive would be revegetated with native plant material and seed that tie in the surrounding natural vegetation, which will not need and that will not need supplemental water after the vegetation has been established, and that the vegetation uh installed as part of the required uh revegetation disturbed areas is provided with supplemental water as needed for initial establishment, and that the utility substation entry gates be painted in earthy tone color, that color be submitted to staff approval at the time of the building permit submittal, the fencing be installed as per the approved site plan and elevation drawings.

So great basically follow what the plan is and get us a color for the fencing.

And the location cannot change, correct?

Where's that noted that the location up and down this property would not change?

Yeah, the location is actually specified on I think not one of the drawings I've got up here.

Uh it's just not as as easy to see uh off of just so that there's nothing outstanding on on an approval.

Yeah, okay.

All right, commissioners deliberation on that.

I I do like that's why I wanted to point that out.

I do like the coloring of the the fencing to kind of match.

It's very common, like in Zeroscape Arizona and everything.

There's a lot of these just up and down those those bland highways, and uh it is nice to be able to see through them instead of just having uh an opaque box.

I I think this is important because it's a safety feature for all of the community.

So I um I commend them for doing that.

I also think they did a good job working with the HOA and their desires for this because they'll be looking down upon it from where they are where they live.

So yeah, um I agree.

I feel like we don't need to add any additional mitigation because it's already worked into the application and the recommendations from staff.

So I'd be happy to make a motion if we're ready for that.

Yeah, go ahead, Mary.

I move that we approve the conditional use permit as requested by Matthew Pulsifer representing Mbridge Gas, Utah for the Cherry Canyon Block Valve application 2026-0025-USE.

That's the six, right?

Okay.

But the report date is also 26.

Gotcha.

Okay.

I knew there was something else.

Based on the findings for approval and subject to the conditions listed in the staff report dated May 20th, 2026.

Thank you, Mary, for that motion.

Who will second it?

I'll second it.

Thanks, Kendra.

Okay, let's put this into a vote uh for approval.

So Mary, how do you vote?

Yes.

Kendra?

Yes.

Susan?

Yes.

Lisa?

Yes.

And Gary.

Yes.

Okay.

All right, we'll go ahead and move that forward then with approval.

Uh good luck.

Thank you.

All right, next, uh, we've got our city initiated short-term rentals text amendment.

I thought we were gonna get away with all administrative items on one night, but no.

So here we are.

Uh let's go ahead on the request of Draper City approval of text amendments to portions of the title six and nine of the Draper City Municipal Code.

DCMC, in order to require short-term rentals, be licensed and permitted, and to add associated standards known as application 2026-0090-TA, and our staff contact is Todd Taylor.

So go ahead, Todd.

Uh thank you.

Um, the reason we're having these proposed text amendments is in response to requests from city council to come up with regulations for short-term rentals.

So that's like Airbnbs and verbos uh and the like.

Um currently, the only standard that we have in our code is that internal accessory dwelling units cannot be rented for less than 30 days.

That's our only current sort of short-term rental standard in our code.

Uh since the city council had requested that we prepare these uh standards.

We've held uh several work sessions with the city council uh to gauge sort of the level of regulation that they uh uh were desiring.

And out of those meetings, sort of some goals that we had sort of come up with to for the regulations was to improve public safety to protect neighborhood character, to provide clear operating rules to ensure tax collection and to enable tracking and enforcement of short-term rentals.

So I'm gonna go through sort of the high-level uh regulations here.

I do have a full text if we want to reference it.

Um sorry we disrupted you, but we're listening.

Okay.

I just promised if we wanted to pause till things were uh cleared up or um checking.

So basically we're proposing that the short-term rentals uh be uh come in for a permit.

Um so we're establishing a new permitting process, and that they also get a business license, uh, and the business license is to ensure that we collect uh the municipal uh transient occupancy tax from the state.

Um so we've added procedures for the application, um, either the owner or an ownerized owner's authorized agent uh as the host would be able to apply for a short-term rental permit.

As part of that application, they will need to provide a floor plan of pretty much the whole uh home, uh show which areas of the home are uh being proposed for the short-term rental, so it could be a portion or the whole home, um, sort of the sleeping areas, uh, the uh fire extinguishers, smoke alarms, uh, also provide a site plan, and that will be important for showing the necessary parking, and then providing a uh a table uh indicating what the maximum occupancy for that short-term rental will be.

Another part of the application will be an affidavit that there's no existing restrictions on the on the home, so that'd be such as HOA or CC and Rs.

Um, approved by the zoning administrator and they need to be renewed annually.

We've added a section in the code uh for revocation, so um, these are uh some uh if these uh situations arise uh the zoning administrator can revoke the short-term rental permit.

So if they've provided false information on their application, if they're not operating as described on the permit, if they're out of compliance with conditions, if they refuse an inspection, if they're 90 days or more delinquent on their taxes, if they've had two citations or charges in the past 12 months, or if they're found to be a nuisance by a court.

So then moving into the standards for the short-term rentals.

Uh, we propose to allow them in all residential districts.

Um they can be located in all or a portion of a residential unit.

They can be located in a D uh detached accessory dwelling unit if it has a valid uh ADU permit.

Um they cannot be on a property with an I an IADU in an internal accessory dwelling unit.

Um they cannot be located in a tent, trailer, camper, RV, or other uninhabitable structure.

Uh they can be not be in a unit with a long-term rental.

So if there's already sort of a long-term lease on that property, uh, we don't want that owner to then try to break up and rent more of that unit to you know multiple individuals.

Uh, and then they cannot be used for commercial purposes or events.

Uh, for the occupancy, uh, we are allowing one short-term rental per residential unit.

There can only be one renter at a time.

Uh, that renter can have guests and multiple guests, but it's limited to one renter at a time and not be divided into multiple rentals, so you can't have different rooms being rented out to different people of different parties.

Um the stay has a minimum of three consecutive nights, and this was something that was requested by uh police and city council in order to reduce sort of the party rentals, and then just uh to be compla uh consistent with state code, it's a maximum of less than 30 consecutive days, and then the maximum occupancy is based on the number of bedrooms and parking, which I'll get to on the next slide.

And then um RV parks, manufactured and mobile home parks, uh, bed and breakfast, hotels, motels, and motor lodges are exempt from this because they already sort of operate as lodging uh facilities.

Uh for the occupancy, um we will look at the number of bedrooms or sleeping areas.

So for the occupancy, we would assume two persons per bedroom, and they that area has to be have a minimum of 70 square feet.

If the applicant wants to have additional people for that sleeping area or bedroom, it has to have an additional 50 square feet for every additional person.

So this will come into account when they're trying to set the maximum occupancy of the unit, and just to make sure that there's sufficient space for the number of people that they're proposing.

And then tying in with the occupancy or the number of bedrooms is the parking.

So again, they'll have to show that they have enough parking off street to fit the number of bedrooms that they're proposing to rent out.

And so we're requiring two off-street spaces per rental and then one half space for every bedroom or sleeping area exceeding two.

So here's a sort of sample of how that would go as we increase the number of uh bedrooms or sleeping areas, and we round up to the next whole number.

So an important part uh for police and fire response is to have this urgent response uh hotline or contact info, and this will be required at application.

So the host will be has to be available by telephone uh 24-7 during a rental.

Um the host or a decision-making individual must be able to be at the property within 30 minutes of uh complaint or a need to be at the property.

Uh, when approved by the zoning administrator, this a notice with this urgent response number will be sent to a budding property owners so that they have somebody to contact in case there's an issue, and it will also be provided to Draper Fire and Draper Police so that they have it in their records and that they have somebody that they can contact when an issue arises and they know who to contact.

Um I think there's been instances where they have shown up and they don't know who to contact or how to contact somebody that can make some decisions on who's staying at that property.

Um for noise, uh, we're requiring that the host ensure that the renters are aware of and adhere to our noise control ordinance.

Um within the home, within the short-term rental, um we are requiring that the uh short-term rental have the permit and the business license posted, that they post the urgent response number, that they post all applicable rules, and that they post a good neighbor guidelines document that I will uh show what we have drafted.

So uh it's a document to the get the guest uh really just sort of outlining how they can be a good neighbor, um having uh the letting them know our non-urgent police number, uh, that they should call 911 if there's an emergency, that there should be a fire extinguisher located in the home, that they should you know locate it, not tamper or disable the devices, that there should not be commercial events happening uh during their stay in the home, that they be uh a good neighbor, not disturb the neighbors, especially between 10 and seven per the noise control ordinance, and being mindful when they're arriving and leaving, um, that they park uh on the property but not block driveways, mailboxes, sidewalks, or park on the lawn, um, that they not exceed the number of guests that they have on their reservation, that they pick up after themselves, and if they have pets, that they uh keep them under control, clean up after them and and walk them on a leash.

So it's just a document that we saw in an other jurisdictions that tries to remind the guests of you know where they are and and encourage them to be on their best behavior.

Uh finally, uh we do have some standards that they uh incl have a fire extinguisher in the short-term rental and smoke and carbon and monoxide alarms per the fire code.

Also, if the home is equipped with fire sprinklers that it have its annual inspection, um, that electrical panels be clear, um, that house numbers are visible for maintenance that they comply with all city ordinances.

Um for the online listing, we're requiring that they include the short-term rental permit and business license numbers in the online listings.

And then finally, we just included that uh as part of the short-term rental permit, we can uh conduct inspections as needed to ensure compliance.

Uh that concludes my presentation.

Uh and I'm available if you have any questions.

Just one quick question.

Todd, one quick question.

The uh when you go back to that slide that says if it if the permit will not be issued if it's already uh a full-time rental.

Does that so that one reading through that?

What give me a scenario where that would be the case?

So for example, if someone has a home that's currently rented full time and they came in to apply for one of these permits, that would be denied because it's already a full-time rental, because you could you couldn't have both.

You can't kick the full-time renter out to say, hey, you're out for three nights, four four nights, five nights, whatever, because I'm gonna short term this out.

What caused that?

What's the am I missing a scenario where that's correct?

Is that the case?

That's the Olympics.

Yes.

Um, I think we have been aware of other situations in the city where rent there are property owners who are trying to rent every piece of their home and make as much money off of that home as they can.

But it but they couldn't do a they can do a detached ADU, but it's never an ADU if they're not living there, then it's so again.

I'm just looking for give if uh a scenario where it it would be a full-time rental and they'd be applying for a permit.

If they just rent it out, let's just say they have an upstairs and a downstairs, but the downstairs isn't technically a full internal ADU, and they somehow lock the upstairs renters out of the basement, but they still they want to rent out a part of that basement or the full basement as a short-term rental, then they could have two rent situations.

So basically the application will say is this is this unit being rented out as a full-time rental, and if it says yes, then it's disqualification.

Yes, period.

Got it.

That's all.

Okay, I have a couple questions.

And kind of the flip side, um, the first one is the maximum of 30 days.

So there are plenty of times when people want to stay in an Airbnb or something like that, uh short-term rental for longer than 30 days.

So how do they just have to technically be separate rental periods?

Or how is that structured, or is there any reason we've cut it off at 30 days?

And I understand there's you know, we've got people who long-term rent, those are more than 30 days, but there are also short-term rentals that end up being longer stays.

So I'd say the state code says that they are less that short-term rentals are less than 30 days, so we're being consistent with that.

Um we have different standards for the long-term rentals with our business licensing.

So we're sort of just trying to break the sort of at that line.

So I guess technically people would just have separate rental periods.

I'm assuming if people are staying more than 30 days, because that happens pretty regularly.

I just can answer a little bit of that, having had to deal with something similar to that in the past.

Um, yeah, once they hit that 30th day, technically, they are to they the landlord, if you will, does not have to pay that transient room tax because they've been there longer than 30 days.

Oh gosh and they're supposed to refund it back to the renter, so that's now a long-term rental.

Okay, and so we we're just trying to keep those separate.

Okay.

Isn't this kind of initiated because of the transient tax collection that's kind of forced upon us, the city, whatever?

Well, even though it's a good thing.

Oh, I don't want to I just don't want to forget.

Um the other question I have is about the manager or you know, I know it wasn't referred to as a manager.

Oh, it's not uncommon in states, and I know this because I own a vacation rental property in a state that requires a local manager, and I think that's a really good rule because then you don't have people moving out of state and Airbnb their home.

I probably shouldn't say that, right?

Short-term renting their home, and nobody's really around.

You may have somebody available via phone, but not to actually come and deal with problems.

And so I I would prefer to see that kind of requirement if it's not prohibited by the state legislature, which it could be, but um is that something that's a good idea.

Was it addressed?

Was it addressed a little bit in that that area where it's like they have to be within 30 minutes?

I think police police and fire wanted that.

Yeah, well see that right there.

So the host available by telephone during rental.

With property within 30 minutes.

No, no, it's not.

I just want to point it out because I is that the same thing that you were referring to?

Yes.

Because host or decision making individual would be include the manager, right?

That they're yeah, yeah, yeah.

But not just a phone call from uh I do like the 30 minutes.

That that actually is key, right?

And everybody's just looking at each other going, I don't know.

I mean, this is all it sounds like the police department had a lot of input on this on the problems, the minimum three days or maximum well no minimum of three days.

Yeah, right.

So that people aren't just renting it out for party one night party house.

If they do, they've got to pay the cost for two free nights, right?

So which in prohibits that it kind of inhibits that.

So no, yeah, that's I just want to point out.

Sorry, I just went on that whole tirade and okay, great.

Validated now validated withdrawn.

Mary, to your point about using the term Airbnb as as short code short code for short term rental.

Yeah, I wholly appreciate your willingness to use the term that we're using, but also Airbnb is not around to try and protect their trademarks in this meeting from being generic.

Okay.

Well, and it applies to multiple platforms.

Say what you want, say what you want, that's fine.

Would you like me to give you a Kleenex or a tissue?

That's right.

It'll be five hundred dollars.

There we go.

Great.

All right.

So now, Susan, did you have some questions?

Well, I just comment about the trans.

I think it's a lot of this was initiated because of the transient tax that they're paying.

Whether the city had STRs or not.

Just kind of a comment, correct me if I'm wrong.

Well that probably doesn't bad, but so I think this is great that the city's adopting or possibly adopting a code to address these and hopefully can get a handle on the case.

I was kind of smiling when I was looking at the parking to bedroom count.

And I'm like, I'm I'm actually really wondering like w if there's homes big enough to accommodate that.

That's true.

Right, because there's so many, there's so many homes.

Five bedroom home, and I don't know if they have that much parking, right?

Like a five bedroom home with just a ri uh uh you know uh owner occupant may not even have that much parking.

So I I that's great because that actually you know remember when we do conditional uses and home occupations, that's always the the plague on the neighborhood is that the just the s the surge of cars.

Yeah.

So I do I do like how I mean it's pretty aggressive.

So I think this accomplishes whatever they were trying to accomplish and not put a a really bad burden.

I I I've liked everything I've seen.

Just that it's pretty much it's open enough yet strict enough to to keep the nuisance down.

So I I am c curious though, uh this is this change or this proposed code is for all residential areas, and then you specifically call out certain special districts that are actually residential.

Um is that a question?

So well, so I'm wondering, is there a reason that you would have to call out specific special districts?

Did they prohibit these or something?

I mean I'm just curious why you've you've included all residential districts, and then you've got well like Bellevue residential special district.

Yeah, so I just went through the code and any district that allowed residential.

I had to go through and add it in as a permitted use.

So okay.

It's not calling, it's not excluding any of those areas.

It's I just when we went when I went through, I made sure that each district that allowed residents.

Okay, so it's not like they prohibited or spelled out in them that okay.

I was just curious.

So it it truly is all residential.

All residential residential.

Thank you.

That's good good questions.

Anything else?

I just want to thank Todd for doing this because this is a big project.

Yeah, it's huge.

And you I think you did a great job.

So thank you.

Thank you.

It's been needed.

Yeah, great job.

So I I have another question that just kind of came to mind.

Um so in an apartment complex, then the the owners cannot have part of the complex be long term and part of it short term, correct?

Or certain units short term, it applies to the whole property a permit.

They could designate a portion uh a unit or several units as um they could, yes.

Okay.

So per residential unit.

Yeah, so the that's a great point too, because now you could have these apartments out here, right?

That are saying, hey, the the question again, you know, is this unit being rented out full time?

These 30 are, these ten are not.

So we're applying for these 10.

Weird, huh?

I doubt that I don't even know.

I doubt that they even do it, but you could well I can see if you have high um vacancies and maybe trying out short term.

I don't know.

Anyway.

Well, with that uh with the water with the surf park there, you could get the three-day surf tours coming through.

Short-term rentals.

We do have some projects, some uh apartment complexes that do have some short-term uh rentals in them.

Um canyon Vista there on a hard 23rd and and right next to the freeway.

A couple of those buildings have a whole floor that's designated just for so this would apply now to them.

They would now need to permit, they already have a business license, but they now need to would they would permit or is that grandfathered in since they've been doing it.

Um just a question.

They would need a permit for apartment complex, we'd probably just do one permanent for all the all the units, um, but they would need to designate like how many units they're gonna have as short-term.

So there'd be one permit for say they're doing 10 units, and then a separate well, they don't need a permit to do long-term rentals, I guess, do they?

They need a business license for the long term, but that would apply to both business, I you know, they're not separate ownership.

Yeah, so they're gonna have a business license to have rentals, period.

Which is one of the requirements to have a business license.

So yes.

So yeah, so uh, yeah, like you or I single family, you know, family property owner, we would then need to go get a business license and then this permit.

So right, you need both.

Yeah, yeah, it's pretty cool.

I I like it.

It's enough to make it doable and not I mean, I don't want to say not hard, but you know, enough of a hoop to jump through.

What could we go back to the there was something about notification to adjacent owners?

But it was giving phone numbers.

That was just contact, right?

Um that's we haven't finalized what the notice will look like, but it will include the contact information for the the host or the owner um and that number that they can call if there are issues.

They can contact those abutting neighbors can't contact uh that urgent response host person if there are issues first and try to resolve them.

And literally a budding.

I mean, so someone across the street hopefully would get a notice.

Yeah, or would they?

Well, a budding would be left or right or or well that's why I mean, yeah.

What what's what's a budding?

Well, I think legally it's probably directly touching well, yeah.

But if I was across the street looking at it, I would want to be notified.

But so that's my question.

Is that then you call the people who live next door and get the number?

You know, I think it is the ones that are immediately touching the property.

So did you say state law is requiring us to put something in place or just has a framework of standards that we're modeling off of?

Yeah, sorry.

No, no, go ahead, because I've I already have a follow-up.

So there's a section in the state law and it does have some definitions and some it discusses how enforcement can occur.

Um but it doesn't lay out all these standards.

So under I guess is there anything prohibiting us from making this available to every part of the city, or are we just doing that as a blanket rule?

I and couldn't HOAs would they be able to um basically ban short-term rentals contract basically out of this law amongst themselves.

So I would say maybe that's maybe that's a Spencer question.

I don't know, but for your it just seemed I I don't know.

I I would hate for my neighbor to once this gets passed to decide to short term rent their house in my residential neighborhood.

And I know we've been able to up to this point, but um with the blessing of the city, like that kind of bugs me, and I wouldn't like that.

And I know um in St.

George years ago when we looked at um having a rental property there, we looked at short-term rental rules, just curious what they were, but um, and you had to get like pretty much it was banned in the city unless you had sign off from a certain number of neighbors.

So if they agreed, then um it was fine, but but here we're just making it permissible, it sounds like anywhere in the city, which I don't love because I live here.

Okay, so I've got an answer to that question.

Okay.

In um let's see, it's 10885.4.

Um section two.

Yeah, this is lists some exceptions, and I haven't looked at the exceptions.

I've got them open, and I can look at them and and give you some more information if you like.

But it says notwithstanding section 102501 or 102503, legislative body may not enact or enforce an ordinance that prohibits an individual from listing or offering short-term rental on a short-term rental website, or use an ordinance that prohibits the act of renting a short-term rental to fine charge, prosecute, or otherwise punish an individual solely for the act of listing or offering short-term rental on the short-term rental website.

So we we can't prohibit it.

Um anywhere in the city is is the way that that I read that.

Yeah, that's what it is.

So the the what we've done as what the direction the council's given us is that um, hey, if we can't prohibit it, let's regulate it in a way that we can that's permissible by the by the statute.

So that's that's the effect of this.

Um I am not a hundred percent sure because I don't I don't really care all that much about what HOAs can or can't do.

Um, but I do the legislative tracking for the city, and every bill that comes around in the 45-day legislative session that affects the city.

I look at, I read, I track.

My recollection for this one when it came around was that uh a similar provision in the bill prohibit uh prohibited HOAs from doing the same thing.

But but right now it's just municipalities that are restricting.

No, my recollection in the bill, and this could be wrong, uh, was that the HOAs also couldn't enact an HOA regulation or enforce an HOA regulation that prohibited short-term rentals within the HOA?

But what you just read was was that just municipalities.

Yeah, what I just read is just for municipalities.

No, I I can go back to the bill and look at it if you would like.

I'm curious because I could email you what the bill number is and you can go through it yourself.

Well, and here's an interesting twist.

I own a home in St.

George in an HOA, and I am prohibited from long-term renting that home.

It has to be owner occupied.

Um, so I would be very interested to know that you can't prohibit short-term rentals.

Um, and would like a similar bill to come forward on long-term rentals.

One of the things, just to add to that, Mary, one of the things that HOAs watch out for is their FHA certification, and you lose that when you have over 20% non-owner occupied.

So what's interesting there is is you're gonna that affects property values, I think, in a negative way, because then FHA buy buy a property using that type of loan.

So I don't think the the short-term rental checks that box.

So for example, um and it may check the box.

Does that make sense?

So it's got to do with the HOA can enforce that because that truly does look out for the property value.

So that's why they even get in and regulate and say, hey, do you have renters in there or are you owner occupied?

And and they can ask that because the the the noble request is that hey, we're just trying to keep our FHA certification.

Others are just overreaching.

But I would assume that now that I'm talking through this, that a short-term rental is a rental is a rental.

So it's not it's still not non-owner occupied.

So it's interesting to me that they'll regulate one there and not the other.

That's actually really weird.

Well, and totally extraneous information, but I did approach our local local representative and ask for a bill prohibiting HOAs from um disallowing long-term rentals in the in the perspective of a housing shortage, because I have a house that sits there empty most of the time.

And he told me home ownership was the focus of our legislature, so he didn't think that would be something that would move along.

And interestingly, now we have the short-term rental requirement.

It sounds like we have to allow them, um, which most certainly is not promoting.

So I know I'm now dragging this meeting out, and I'm no, but I just it it bothers me.

So but it sounds like the answer to your question was I don't like it.

Well, nobody does, right?

Because we live here, right?

But it's allowed, so let's regulate it and control it.

Yes, that is the answer.

Yep.

Yeah.

Very good.

All right.

Well, should we pass this on to oh yeah?

Yeah, well, it's public hearing.

So we've got to open this up for highly contested public hearing.

So yes, there's already a cricket in the back, I think.

So let's go ahead and open this up for public comment.

Who would like to address this agenda item?

Is that a yes?

No, maybe so.

All right.

So I don't see anyone, so we will go ahead and close the public hearing portion.

Commissioners, what would you like to do?

Positive or negative recommendation sent over to the city council.

I can make a motion.

I can I just make the comments.

Sorry, I I think that this might be kind of sticky, but tikky tacky.

I don't know.

The property owners across the street ought to be notified.

They're the ones that have to look at it.

They're the ones that see the coming and going.

To me, they're the ones that are gonna complain or want to know what's going on.

Is there any way to include that?

I mean, I know a budding is a budding, but I can we can we add that to I mean how you can you address it.

Can you change code proposed code with a motion?

I I don't know.

What do you think?

I mean, you can't.

It's a recommendation.

Yeah, you can include in your recommendation.

So if you want to forward a positive recommendation, um recommend the city council look at this modification.

I I think it's I think it's fair.

Uh they may change it from you know a ja abutting adjacent, you know.

Well, if it were like a radius, right?

That would accomplish, I think, what you want.

I don't know what the radius should be.

Yeah, I don't either.

I mean, typically it's 300.

Because Susan, you're saying if the short-term rental is in in theory on fire, and you were across the street, you wouldn't have the urgent response number to call.

Yet you'd have to go to the abutting neighbor to say the house is on fire.

You just call 911.

Well, in that case, right.

But if it's like if it's a noise, if it's a noise issue or or they're parking all over and in front of my street, then you call the police.

I'd still call 911.

You still call the police.

So, what is the purpose of the abutting uh property owners getting a number?

What was the purpose of that?

I guess you still call the process.

We've written some good code here, so what was the purpose of that one?

So I think we wanted to make sure that the immediately affected neighbors got the notice.

I think there was thought that it would probably spread amongst those neighbors to be on that the fire.

The number number number, yeah.

Um, but we didn't want to get into too big of a radius radius that we're having to mail out.

Um, what do you think of Lisa's proposal to just call a 911?

Well, or kind of call the non non-emergency numbers, really what you should do, you know.

So I I don't know.

Well, and but I don't think the non-emergency numbers are appropriate for an excess number of cars.

If as long as they're all legally parked, that's just a complaint you would want to pass on to the property owner to your point.

And I think that is and so it could happen across the street.

The same reason that the abutting neighbors that someone sorts out the proper word to use that would describe that would get the end result that you're looking for or am I the only one that's that sound fair?

Sure.

I guess fine so you can't.

I think I think it's I think it's I think it's a fair recommendation.

Yeah, so what's the language that we're just putting a recommendation in that the the term of uh a budding?

And we would like the across the street and to the rear added and to the rear, yep.

Just so the immediately surrounding property owners.

There you go.

Great job.

Okay.

There you go.

Immediate sounds like there's a motion.

Any other changes before we start?

That's I'd like to uh recommend that HOAs are also banned from the city if we can just slip that that pork belly fat in there, but I don't know if it'll fly.

Just kidding.

Okay, so are you ready for to make the motion?

Yes, okay.

Uh I move forward a positive recommendation to the city council for the city initiated short-term rentals text amendment as requested by Draper City application number 2026 0090-TA.

Based on the following findings and the criteria for approval is listed in the staff report dated May 18th, 2026.

So it would include the five uh findings for approval listed there, in addition with a modification on the urgent response requirement for a butting property owners that that would we recommend that that be changed to immediate surrounding property owners, so that it would include both the property owner in front of the short-term rental property as well as the property behind.

Did that cover it?

Well done.

Who will second that?

I'll second.

Thank you.

See?

Thank you.

Mission accomplished.

Perfect with that.

All right.

Well, let's put it to a vote then.

So Kendra, how do you vote?

Yes.

Susan.

Yes.

Mary.

Yes.

Lisa.

Yes.

Gary.

Yes.

All right.

Good luck to the city council.

And again, great, great job, Todd, on all that.

I think that's uh if you could box that up and cookie cutter that out, I think you could uh market it to other cities.

So yeah, I think you did a great job.

Uh let's see here.

Now we've got I think just one other item, right?

Public hearing city initiated Draper Highland Boundary Adjustment Number Two Land Use Map and Zoning Map Amendment Request.

It's on behalf of Draper City and Land Use Map Amendment and Zoning Map Amendments for approximately 0.31 acres of property located at approximately 1637 South Suncrest Drive.

It's known as application 2026-0112-MA and 2026-0117-MA.

Todd Draper, take it away.

All right, thank you.

This one will look very similar to uh one we did a few months back.

This is the vicinity map.

This is just kind of the second half of what we probably should have done all together as one, but uh where we took the other portion out of the city maps.

This will be adding uh to the city maps the portion that came into Draper City.

So uh this one is owned by the same property owner that owns all of this, and this is just the aerial map kind of showing that again, and then we will be looking to put it into that hillside low density uh land use, uh, which is the same residential hillside low uh density land use that's already there, uh and then again A5 zoning uh is and that uh hillside sensitive overlay for the zoning.

There's our wonderful site photo giving you the same location with the arrow moved a little slightly uh and we're looking for recommendation on the land use map and the zoning map uh changes to the city council.

Great.

Are there any questions?

Thank you, Todd.

No questions.

All right, no brainer is the app uh the applicant sitting right there.

Thank you.

So we'll go ahead and open it up for public comment.

Who would like to address this agenda item?

No one hereby close the public hearing portion.

So let's go ahead and uh deliberate.

Here we've got two items on here.

What would we like to suggest to the city council?

Let's move it on.

Yeah, perfect.

I'm happy to make a motion.

We have two items.

We do.

I did combine them into one motion for you.

Thank you.

That was great job.

I thought I was missing something again.

As if you knew it would be a quarter to 10 or quarter to nine, sorry.

Great job.

I move that we forward a positive rec oh I move that we forward positive recommendations to the city council for the proposed land use map and zoning map amendments as requested by Draper City applications 2026-0117-MA and 2026-0112-ma, based on the findings and criteria for approval as listed in the staff report dated May 15th, 2025.

Thank you, Mary.

Who will second that?

I'll second that.

Thanks, Gary.

All right, let's go ahead and put this then to a vote.

This pushing on with a full positive recommendation city council on both items.

Mary, how do you vote?

Yes, Gary.

Yes, Lisa, yes, Susan, yes, and Kendra.

Yes.

Awesome.

Thank you, everyone.

Jennifer.

Any outstanding items?

I uh nothing on great seeing no outstanding business.

I move we adjourn.

Adjourned.

Thank you.