Lehi Planning Commission Meeting on Bishop Agreement, Forestry, and ADU Code Updates – May 28, 2026
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.
Meeting Transcript
We will call this meeting to order on this planning commission on Thursday, May 28th, 2026. And we will go right into the regular agenda. Okay. Oh, I should probably pull up. Sorry, I should have asked if you were ready. I am not, but I have not been in this room before for a meeting, so let me figure out how to get set up. Oh yeah. Too many cables. Take your time, Jacob. Okay. We got all the okay. Perfect. Okay, you can see that now. Um okay. Item two point one is public hearing and recommendation. And I believe has your has your agenda been updated to say recommendation? I think it previously said consideration, but it does online at least. Okay. Um public hearing and recommendation of Terry Bishop's request for review of the Bishop development agreement, allowing to increase the number of lots in a subdivision to thirteen for a seven-acre parcel located at twenty-four twenty-four west, nine hundred north. Um so as mentioned this development agreement will allow for thirteen lots with a one-third acre lot size. Um there was a previous general plan amendment that um this body gave a positive recommendation to, but the city council denied, but the direction was given by the city council to go for this development agreement. Uh and keep the general plan designation as VLDRA. Um and the proposed development agreement is just a increase of one lot from VLDRA. So it has some of the other VLDR components, but it really is mostly just to keep the general plan designation the same, but allow for the one additional lot. So with that, I'll turn it over to the planning commission for any questions. Thank you, Jacob. Does anybody have questions for staff? Uh is the applicant present. I am Terry Bishop. Good to see you all again. And uh I don't know that I have anything to add to this except that uh I do appreciate uh Kim and his staff and the uh energy that they've put into helping come up with the agreement to uh limit us to the thirteen lots, whereas the uh zone change that we requested could have gone as far as seventeen, but we didn't want to do that. We were we think it looks best at at 13. And that's where we want to stay. But uh so I I don't know that we're asking for anything different except for your approval. So thank you very much. Any any other questions for the applicant. All right, thank you. Thank you. All right, this is a public hearing. If anybody is here that would like to speak to item two point one, we will open the public hearing now. Seeing none, we will close the public hearing and motion for further discussion. I have questions, but I'm I'm not I don't know address them to or exactly how to frame it. But uh one of them is so that maybe it's to the staff um going from 12 lots to 13 lots. That's uh B B L DM right? Explain that to me. Let's start here. Yeah, I essentially the decision, my understanding is they wanted to leave the general plan designation as VLDRA. Um, but just grant one additional lot, which typically would have kind of carried it over into that VLDR section. But they didn't want to have that potential, I guess, risk of the maximization of the density. So they decide the city council decided to go this route is to leave the general plan designation and just do a development agreement to allow one additional lot.
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