Lehi Planning Commission Meeting – May 28, 2026

The Lehi City Planning Commission convened on Thursday, May 28, 2026, at 1:45 PM MT. The meeting focused on three public hearings and recommendations: (1) a development agreement for Terry Bishop to increase subdivision lots to 13 on a 7-acre parcel; (2) amendments to the Community Forestry chapter adding migratory bird protections; and (3) updates to the Accessory Dwelling Unit (ADU) code to comply with 2026 state legislation. All three items received positive recommendations from the commission.

Public Comments & Testimony

• Terry Bishop (applicant): Expressed appreciation for city staff's help in reaching an agreement to limit the subdivision to 13 lots, stating "we think it looks best at 13" and noting that the zone change could have allowed up to 17 lots.
• Marshall Gary (public comment on ADU item): Shared his desire to build a backyard cottage in Lehi and criticized the proposed code as "malicious compliance," feeling the city was doing the bare minimum required by the state. He cited books on housing and "Strong Towns" resources to support incremental development. He also questioned the requirement for two off-street parking spaces, noting that on-street parking is often empty.
• Unnamed public commenter (on ADU item): Expressed concern that an 11,000-square-foot lot seems very small to accommodate an ADU, stating "let's just put apartments in neighborhoods at this point."

Discussion Items

Item 2.1 – Bishop Development Agreement (13-lot subdivision)

• Staff presentation (Jacob): The development agreement allows 13 lots (instead of VLDR's 12) on a 7-acre parcel at 2424 West 900 North. The city council directed a development agreement after the commission's previous general plan amendment recommendation was denied.
• Commission questions: A commissioner asked why the agreement allows 13 lots rather than 12, and how the density cap works. Jacob explained the council wanted to leave the general plan as VLDR but grant one additional lot via development agreement, avoiding the risk of maximized density (which could be up to 17 lots).
• Applicant (Terry Bishop): Stated that 12 lots would have created an "ugly subdivision" and that the 13-lot plan fits in with the neighborhood, adding that 14 families showed support at the prior meeting.
• Commissioner comment: Noted the development agreement is "exactly the sort of situation a development agreement is for," balancing property rights with city and community interests.

Item 2.2 – Community Forestry (Migratory Bird Protections)

• Staff presentation (Jacob): Key changes include adding a paragraph referencing the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act, and requiring a REN survey from an environmental consultant before removal of trees with migratory nests. The requirement is at the landowner/developer's expense.
• Urban Forester (Jessica Smith): Explained the code addition protects both birds and developers by being a "first line of defense" to pause tree removal when active nests are present, while other development can continue. Emphasized the city does not enforce federal law but provides a mechanism to avoid violations.
• Commission clarification: A commissioner noted the term "shut down development" could be misleading; Jessica clarified it only pauses tree removal near nests, not entire development.
• Humorous exchange: A commissioner joked about needing to address the airspeed velocity of an unladen swallow (Monty Python reference).

Item 2.3 – Detached Accessory Dwelling Unit (ADU) Code Updates

• Staff presentation (Jacob): The amendments reduce minimum lot size to 11,000 square feet (down from previous requirement) and eliminate conditional use permits for converting accessory buildings to detached ADUs, per 2026 state legislation. Parking and size details were updated.
• Commission discussion on formatting: A commissioner noted a typographical issue with duplicate "I" subsection labels.
• Staff response to public comment: Jacob stated Lehi City was among the first to allow detached ADUs even before state mandates, and the current code is essentially word-for-word from state legislation. Kim added that while supportive of ADUs, there are concerns about setback requirements on small lots.
• Commissioner reflection: A commissioner acknowledged the tension between different visions in the city—some wanting ADUs, others opposing them—and described the code as an "incremental step" toward natural development, citing examples like Boston's three-story homes converted to condominiums.
• Technical questions: Commissioners asked about kitchen/bathroom/living requirements, connection to existing sewer (or septic), and whether 11,000 square feet is feasible for both an ADU and two parking spots. Jacob responded that feasibility depends on lot shape, building height, and setback requirements.

Key Outcomes

• Item 2.1 (Bishop Development Agreement): Motion to give a positive recommendation, finding the agreement consistent with city goals and in the best interests of the city, as recognized by the city council and community. Passed unanimously. Scheduled to go before the city council on June 9, 2026.
• Item 2.2 (Community Forestry): Motion to give a positive recommendation with the findings in the motion and inclusion of all DRC comments. Passed unanimously.
• Item 2.3 (ADU Code Update): Motion to recommend approval to the city council, based on compliance with state legislation and conformance with the general plan. Passed unanimously, with a suggestion to fix the subsection formatting.
• Work session: A work session is tentatively scheduled for Thursday, June 4, 2026, at 5:30 PM, possibly at The Sanctuary for a tour. The July 2 work session is cancelled due to Independence Day week. The next regular meeting is June 11, 2026, with approximately seven items.