[0:09] All right, we're all set. [0:11] >> All right, welcome everybody. I [0:13] apologize for being late and for [0:14] starting late, but I guess it's under [0:16] five minutes. [0:17] >> Yeah. [0:18] >> So, the students don't get to leave. [0:20] [laughter] [0:22] >> Growing up, what was it? 15 minutes was [0:24] >> the culture pretty much, [0:26] >> I think. So, I mean, it's not a real [0:27] thing, but [0:29] anyways, welcome everybody to Planning [0:31] Commission for August 12, 2026. We'll [0:33] start with a quick roll call. We have an [0:36] amazing panel today. [0:38] >> Yeah, [0:39] >> this looks so fun to see everybody. [0:41] [laughter] [0:42] >> No, really. It's it's it's Gosh, I don't [0:44] know how when when's the last time we [0:46] had a no absence. [0:48] >> It's been a while. [0:49] >> So, it is such a pleasure to have you [0:51] all here. Um, we'll start with a thought [0:54] by Commissioner Adamson. [0:56] >> Okay. [0:57] >> Yeah. I was thinking about what to what [0:59] to share today and uh thinking about it [1:01] in the context of the different things [1:03] that we were wanting to achieve today. [1:06] And one of my favorite recent books I've [1:08] read is The Devil in the White City. Not [1:10] sure if anyone's heard of that. Uh it's [1:12] essentially about the um Chicago World's [1:15] Fair and it juxtaposed against kind of [1:17] more of a true crime understanding of [1:19] what was going on in Chicago at that [1:21] time. [1:22] Um I my background is as an engineer. So [1:25] the architectural aspects of the world's [1:27] fair really caught my attention. I found [1:29] it very enthralling. Um there's a quote [1:32] in that uh from the architect in charge [1:35] of uh developing a lot of the buildings [1:37] and structures for the World's Fair. Uh [1:39] Daniel Bham, make no little plans, they [1:42] have no magic to stir men's blood. And [1:44] so I was thinking about that quote in [1:47] this context and I think it's it's a [1:48] good reminder to us that uh our job as [1:52] planning commission is not just to think [1:53] about the near-term but to think about [1:55] the long term. What are we leaving [1:56] behind for the community? What what [1:58] structure are we setting? A lot of the [2:00] code edits we're talking about today [2:02] focus a lot in on that and making [2:04] changes and creating a structure that [2:06] sets good precedent for the future. So [2:09] that's my thought. [2:11] >> That's awesome. Make no small plans. [2:13] >> Yeah. Can you say one pledge? No small [2:15] plans because it's not enough to stir [2:16] men's blood. [2:17] >> Yeah. Make no little plans. They have no [2:18] magic to stir men's blood. [2:20] >> Well done. Okay. Um we'll stand for the [2:22] pledge of allegiance. Oh, sorry. Uh [2:25] Commissioner Adamson, did you want to [2:26] offer a legislative prayer? [2:27] >> Sure, please. [2:31] » Our father in heaven, we're grateful for [2:32] this opportunity we have as a commission [2:34] to gather and to discuss the needs of [2:36] our community. We're grateful for the [2:38] efforts of staff and ask thee to bless [2:40] us now to be enlightened by thy spirit [2:42] that we might be able to make good [2:44] decisions uh in representation of the [2:46] community we serve and that we might be [2:47] able to [2:49] um provide recommendations that provide [2:52] the proper level of guidance and [2:54] structure for council in the future. We [2:55] ask for these things in the name of [2:56] Jesus Christ. Amen. [2:58] >> Amen. [2:58] >> Thank you. We'll stand for the pledge of [2:59] allegiance now. [3:03] I pledge algiance to the flag of the [3:06] United States of America and to the [3:09] republic for which it stands. One nation [3:12] under God, indivisible, with liberty and [3:15] justice for all. [3:19] » All right. Business items. [3:23] Let's start with number one on the [3:25] agenda. [3:26] >> Mr. Egot. [3:27] >> Actually, this one would be passed to [3:30] city attorney. Excellent. Okay. [3:32] >> All right. It's Ramy. [3:33] >> Oh, exciting. [3:35] >> Please take us out. [3:36] >> Thank you. Um, we have before you both [3:40] municipal code amendments and text [3:42] amendments to the zoning code. um [3:45] regarding our landmark commission [3:49] and we are trying to um transition the [3:53] landmark commission to a new name called [3:55] the historic preservation uh commission [3:58] and assigning the members of the [4:00] Whitaker Museum board to be the members [4:02] of the land uh the new historic [4:05] preservation commission. So this um [4:07] project was really requested by Mayor [4:11] Wilkinson. Um we've had a a hard time [4:14] keeping members um on the landmarks [4:16] commission because they meet so rarely. [4:18] They they were quite involved a few [4:20] years ago, but um they do meet for some [4:23] zoning things, some incentives in the [4:25] dual crease historic district. They may [4:28] also meet um if they need to document a [4:31] historic uh landmark or site that is [4:34] going to be demolished, they have, you [4:36] know, the right to take some photographs [4:38] and things. But um it's been hard to get [4:42] members to sit on that and to have it [4:44] functioning. So um his request was for [4:48] uh the members to to try and make the [4:50] Whitaker Museum and the Landmarks [4:52] Commission maybe the same. But this is [4:54] sort of the idea. Let's keep them two [4:56] separate public bodies, but the Whitaker [4:59] Museum Board will wear their hat when [5:01] they're meeting as the Whitaker Museum [5:02] board. And then they'll change their hat [5:04] to the Historic Preservation Commission [5:07] when they're meeting as that board. Very [5:09] similar to what the city council does [5:11] when they're sitting as the [5:12] redevelopment agency. So they sit on two [5:15] different boards, but they're the, you [5:16] know, single members. So these code text [5:19] amendments are basically to rename it to [5:23] the historic preservation commission um [5:26] in the the in uh title three of our [5:30] municipal code um and also add some [5:34] duties to the Whitaker Museum board so [5:37] that because the qualifications for the [5:40] museum board actually tied in quite well [5:43] but we wanted to make a few changes [5:44] there so that they are qualified for [5:47] both um and then make it clear that [5:49] there are separate bodies that will be [5:51] having two different sets of minutes and [5:53] that sort of thing. So um and I have met [5:56] the mayor has worked with the Whitaker [5:58] Museum board and then after these uh [6:01] code text amendments were prepared I met [6:03] with the museum board and they could ask [6:06] any questions and how legally this would [6:08] work and I think they are gratefully for [6:12] us they're on board with this and wanted [6:14] to know how much more work this would be [6:16] for them and also for the museum staff. [6:19] we do have a museum director. Um, and so [6:22] we've kind of said, look, if this if the [6:25] historic preservation commission [6:27] requires more, we could also look at, [6:29] you know, making maybe some staff from [6:32] community development or the city [6:33] recorder that could assist in that. But [6:36] again, they meet so rarely. Um, I think [6:39] this is a really good fit and hopefully [6:42] um a win-win. And so I will [6:47] just go through since the planning [6:50] commission only reviews and makes [6:52] recommendations on zoning text or [6:54] subdivision. So basically land use [6:56] ordinances, but I decide to just bring [6:59] both of these together and let you have [7:01] a combined public hearing on both. Um so [7:05] um anyway, we're just looking we're just [7:08] creating these changes to um title three [7:13] of the municipal code and then um [7:16] chapter 20 of the zoning code. If you [7:19] want to just make a motion on the zoning [7:21] code, you can. Or if you want to make a [7:23] motion on both, you're also welcome to. [7:25] But by statute, you have to review the [7:27] zoning amendments. So, um, and then once [7:31] we renamed it, I searched for landmark [7:36] commission throughout our zoning code. [7:38] And that's why your zoning text [7:40] amendment, [7:42] not because of me. It is um 20 pages [7:46] because we just 21 pages because we had [7:48] to just make those amendments to the the [7:52] title throughout. So, we fixed all those [7:55] and um yeah, we're looking forward to [7:58] taking this to the the city council. [8:00] >> Okay. [8:02] >> And it is so it is a public hearing. [8:05] >> Yes. All right. Thank you. Um any [8:07] questions for staff before I open it up? [8:11] Okay. So, I'm going to open this up for [8:14] a public hearing. And if you're here to [8:16] speak on this, we would love to invite [8:17] you to come to the podiums, state your [8:19] name, your address, and give your [8:21] comments. [8:26] All right, seeing none, I'm [8:28] [cough and clears throat] going to close [8:29] the public hearing and take it back to [8:31] the commission for any further [8:33] discussion. [8:36] » It's pretty seamless to me. [8:38] >> Yeah, seems like it. [8:40] >> Makes sense. It seemed right. You did a [8:43] great job. [8:44] >> Yes, we've been working on it for a [8:45] while, so I'm glad we [8:46] >> And if the if the um museum board is [8:49] willing to do it, I'd say yes. [8:51] >> Yes. Yeah. Right. [8:52] >> That took a few a few months. [8:54] >> Yeah. Right. [8:57] >> Okay. Um, [9:00] so would anybody like to start with a [9:02] motion? And well, I should actually say [9:04] I I have no qualms personally in saying [9:08] that we should just forward a [9:09] recommendation. I think so on all of it, [9:12] though. Our authority only sweeps in [9:14] land use. And we just let them know. [9:17] Makes a lot of sense. And if you pull it [9:19] up, I'll make a motion to accept it. [9:21] >> Yeah. Do you mind [9:22] >> go forward? [9:22] >> This is all that I have for um [9:26] recommendation. [9:27] >> Oh, it's right there. Okay. Yeah. [9:29] >> Okay. So, I would like to recommend [9:31] approval of the proposed Centerville [9:33] Municipal Code and Centerville Zoning [9:35] Code amendments to appoint Whitaker [9:37] Museum board members to act as historic [9:39] preservation commission members, [9:41] ordinance number 2026-10 and ordinance [9:44] number 2026-11. [9:48] And if you would like some findings, you [9:50] can just reference the whereas clauses [9:52] in um those ordinances. [9:55] >> And I'd like to reference all the things [9:56] Lisa just said. [laughter] [9:59] >> As stated, [10:01] >> I will second that motion. That was [10:03] beautiful. [10:05] >> So I have a first and a second. We're [10:08] going to go ahead and do roll call [10:09] starting here. [10:10] >> I I I [10:12] >> I That is unanimous. [10:15] >> Thanks for your hard work on that. [10:18] Nice. [10:19] >> Okay. Um, moving on and somewhat more [10:23] interesting. I mean, not to say that [10:24] wasn't [laughter] [10:26] >> very interesting. [10:27] >> It's it's it's an important thing. [10:29] >> It is important. It's it's actually [10:31] really important. I mean, I was on the [10:32] landmarks commission and I think I was [10:34] around for some of the very last efforts [10:36] they made and it was [10:38] >> six years ago or something. Um, I think [10:41] one of the very last things we did was [10:43] make a commemorative cutting board for [10:44] somebody who had been on the land marks [10:46] commission for forever [10:47] >> and you didn't get well. [10:48] >> I Well, come on. No, I've been there for [10:51] like eight months or something. [10:54] >> That's nice. [10:54] >> It was great. Anyways, um, let's go on [10:57] to item number two. Who will be All [11:00] right, Miss Muese, please. [11:03] So, we are um proposing a zoning [11:09] um or not a zoning, a municipal code [11:11] amendment to the section 15, which is [11:15] the subdivision ordinance for the [11:17] current exchange of titles. But what we [11:19] are proposing is to change that to the [11:22] boundary line adjustments, boundary line [11:24] establishments. for the boundary line [11:27] adjustments. This was brought to the [11:31] state to change in October of 2025. [11:36] Um and now the city is hoping to amend [11:40] our code to meet those um to meet the [11:43] state code. So um we've talked about [11:47] this for about two meetings now. So of [11:49] course if you have any questions, please [11:51] ask. Um, if you want any more [11:53] background, I'm happy to give you some [11:55] more background, but um, staff [11:58] recommendation is to approve the [12:01] municipal code text amendments proposed [12:04] in the staff report. [12:07] >> Very succinct. Well done. [12:08] >> Thanks. [12:09] >> Yeah. Um, would anybody like to ask [12:12] questions of staff? [12:14] >> I don't have any. [12:20] All right, we are going to open this up [12:22] for the public hearing phase. Um, for [12:25] anybody here to talk about the item [12:27] number two, boundary line adjustments, [12:29] boundary establishment, and exchange of [12:30] title ordinance changes, please come to [12:33] the podium, state your name, your [12:35] address, and provide your comment. [12:38] >> I'm not sure if this is what it is, but [12:41] >> Hold on. Because you have to be to [12:43] create a record, we have to capture it [12:44] on the microphone. This is not the [12:47] accessory dwelling unit. [12:50] >> Okay, that [laughter] took care of that. [12:52] >> Yeah. [12:54] >> Uh for clarity for the audience, this is [12:56] when you know there's a a shift between [12:59] parcels. Uh to put it simply, that needs [13:01] to happen. [13:02] >> Property lines. [13:03] >> Yeah. Maybe there's a gap. Maybe there's [13:05] an over. Maybe there's a you know the [13:07] fence line has been there for 60 years [13:09] and it's not on the property line. [13:11] That's what this one is. All right. So, [13:14] um, opening up the public hearing. We've [13:16] sort of discussed our way through it. [13:19] I'm going to close the public hearing. [13:21] Having received no comments, can I take [13:23] it back to the planning commission for [13:24] further discussion? [13:29] » I think it's well written. [13:30] >> Yeah, I think I think it's [13:31] >> I think we just discussed it the last [13:33] couple meetings. So, I think [13:34] >> covers all of the material that need to [13:36] be needs to be covered. So, [13:38] >> all right. I will accept a motion. [13:41] I will make [clears throat] a motion uh [13:44] to recommend city council approval of [13:46] the proposed code text amendments to [13:47] Centerville Municipal Code section [13:49] 15.09.14 [13:51] boundary adjustments and boundary [13:53] establishments and section 20.030 [13:56] boundary adjustment fees based on the [13:58] following reasons for actions findings [14:01] one through three. [14:02] >> Excellent. I think you said 14 instead [14:04] of 140, [14:06] >> right? but scrivener's error and we'll [14:08] go for so I've got a a motion on the [14:11] table. [14:12] >> I'll second the motion [14:13] >> and I've got a second. Um I'm going to [14:15] start down here. [14:17] >> I I [14:18] >> I [14:21] >> All right. unanimous. And finally, the [14:24] most interesting item on today's list, [14:26] >> accessory dwelling units. uh detached [14:30] and I mean attached we can also talk [14:33] briefly about but this is ordinance [14:35] changes to that and who will be heading [14:38] that one out. Mr. Egot. [14:40] >> Yeah. [14:40] >> Please proceed. [14:42] >> So from our last meeting um obviously we [14:44] talked about this a lot and in different [14:47] variations of it and questions that I [14:49] had and went through everything itemized [14:50] some here but hopefully you were able to [14:52] pick up that and either reviewing [14:54] minutes or looking at the the video to [14:56] remind yourself or learn about it. So, [14:58] um, some of the homework that I was [15:00] assigned to do as part of this was to [15:02] get information from Bountiful City. I [15:03] did provide an email to all of you. [15:05] Hopefully, that was helpful when you're [15:06] looking for their what I found was [15:09] interesting, they've had detach going [15:11] back to 2008. I thought that was pretty [15:12] fascinating just statistically [15:14] >> that they've just been doing it since [15:16] that time. Um, and obviously then they [15:18] have 8,000 square foot. Is there a [15:20] minimum lot size? Um, they do allow for [15:22] basements or other configurations. [15:24] There's not a lot of restrictions on [15:25] that, which I thought that was an [15:26] interesting finding. Y [15:27] >> and then their typical range of dads [15:29] that they do have are 800 to,200 ft in [15:32] size. So some interesting information [15:34] that way. Um I also did research uh [15:38] information from our building official [15:40] and the fire relative to occupancy [15:42] limits and and windows and all that good [15:44] stuff in a a DADU concept. and they said [15:48] that as long as the building is built to [15:50] building code and fire code as far as [15:52] window eress and access and home ingress [15:54] and egress then it it you can have [15:57] windows that are inoperable basically. [15:59] So if we want to stick with that that's [16:01] fine. They just when they would develop [16:02] that the DAD will have to meet those [16:04] regulations as part of that construction [16:06] standard. Um the other thing that that I [16:09] asked about was the occupancy. They said [16:11] that they don't really regulate [16:13] occupancy, that they just want to make [16:14] sure again that it's safely occupied and [16:17] safely utilized and meeting building [16:18] code and fire code, but beyond that, [16:20] they don't regulate occupancy. So, I I [16:23] think we probably figured that that [16:24] might be the case, but that's what they [16:26] said. One thing that was interesting [16:27] when I talked to the building official [16:29] that he did say about the windows, as I [16:30] asked him about that, he said, "Well, [16:33] you're you're at a 8ft setback and your [16:37] minimum limit for a typical home is 8 [16:39] ft. So, do you really need interoperable [16:42] windows? He said, I don't have an [16:43] opinion either way, but just think about [16:45] that for what that's worth is what he [16:47] said. [16:47] >> So, I wanted to share his opinion there. [16:50] >> Uh, the other thing that he brought up [16:51] when we talked to I talked to him about [16:53] the basement and about anchoring a a DAU [16:58] that if it had some kind of mobility, [17:00] the modular nature of it to a foundation [17:03] for permanence. and he said um in other [17:06] codes more relative to a traditional [17:09] modular home or mobile home there's an [17:11] axle removal requirement and I could [17:14] find a similar code that aligns and put [17:17] that into the code if that was the will [17:19] of the planning commission to further [17:21] make the point that we want this fixed [17:23] so what I would do is where I'm talking [17:24] about having it anchored on a permanent [17:26] location with skirting I could even add [17:28] that removal of transaxle so that it's [17:30] not modular on any level that would make [17:33] it So campers won't qualify. That's kind [17:36] of the way to get to that point if [17:38] that's what we're trying to accomplish. [17:39] >> So that's a good way to do that. So I [17:41] could find language that said that [17:42] include that. So those are his [17:44] recommendations. Um I did note in my own [17:48] review today um three minor things that are are uh to be noted or or [17:54] recognized that still probably should be [17:58] I guess identified as as maybe amended [18:00] depending on whatever motion may come [18:01] today. If there is a motion in [18:03] 12.58.040B2, [18:07] there's a an a citation to internal ADU [18:11] requirement where [18:12] >> Sorry, Mr. Can you read that one more? [18:13] >> What is it again? [18:14] >> So, it's it's 12.58.040. [18:17] She's right on it. B2 [18:20] >> and um [18:21] >> it it says [18:23] I guess it's just B, not B2, sorry. But [18:26] it says requirements of CZC 12.60.090. [18:30] 090. That should be 12.58.10. [18:35] Then it links to the detached ADU [18:37] ordinance and not the internal ADU [18:38] ordinance. [18:40] >> Small thing, but it's there. [18:42] >> Um 12.58.060 [18:45] C. Um this is it might be okay. I mean [18:50] it reads okay. Um I don't know. [18:53] 12.58.060 [18:55] C. [18:59] I know it's tricky at the red line. [19:01] >> Yeah, it's a little bit hard. Sorry. [19:04] >> Page 104 of the packet for what it's [19:06] worth. [19:08] >> Oh, go back up. It looks like [19:11] Keep going. [19:15] Want to keep going. You're almost there. [19:16] That's 70. [19:18] >> Keep going. [19:20] >> That's I think the redlinined one [19:22] >> right there. And then I have it see Oh, [19:26] that's right. cuz in here I fixed it in [19:28] the clear one. [19:29] >> I'm looking at the black line which is [19:32] >> I don't I don't know how yours is [19:33] organized. It's not the same. [19:34] >> It's three. It's three here. [19:36] >> Okay. [19:36] >> So, it says a property may have a [19:39] detached ADU on the lot or parcel. That [19:41] word may was like kind of weird to me. [19:44] It might be better for it to say I was [19:45] thinking like permitted to have or allow [19:48] to have rather than may. may seem kind [19:52] of confusing just in the way because it [19:54] almost makes it sound like like there [19:56] may be an alternative where the detached [19:58] ADU can be in a situation where it isn't [20:00] on the same lot partial share with the [20:01] primary dwelling and I don't know if [20:03] that's what we're intending it to say [20:05] >> but I kind of read it that way at first [20:07] today when I was reading it cold and so [20:10] I was wondering if maybe it needs to be [20:11] ch it might read okay as a property may [20:14] have um because obviously right before [20:16] it in in the clause above it says shall [20:18] not be sold separately or subdivided [20:20] from the principal dwelling unit or [20:21] property. But I thought if we wanted to [20:24] clarify that word may permitted to or [20:27] allowed to could be a good change. [20:30] >> So how would you read that? How would [20:31] that read if you were using [20:33] >> a property [20:34] >> permitted to [20:35] >> is allowed or is permitted [20:37] >> can problematic like can [20:40] >> property can [20:41] >> well then you probably would still use [20:42] me. [laughter] [20:43] >> I know [20:43] >> because it seems [20:44] >> a property is permitted to have [20:46] >> and it's probably okay as it reads. I [20:48] just don't want any confusion. Like [20:49] somebody thinks, well, does that mean I [20:51] can have them on a on a separate parcel [20:53] away from a single family dwelling? [20:55] >> To me, it's not confusing. [20:56] >> How about a property may be permitted to [20:58] >> and I don't want to overconfuse it. [21:00] >> That's what I Yeah, and that's fine, [21:01] too. I was just thinking maybe like make [21:03] it a little more clear with permitted. [21:05] Maybe permitted to as well. [21:06] >> What what Mason just said was good. I [21:08] thought the property may I mean [21:10] >> could be [21:11] >> may be permitted to [21:13] >> may be per and I can do that change. [21:16] Yeah, [21:16] >> if that's if that's that makes it a [21:18] little more clear, a little more [21:20] decisive what we're trying to say. [21:22] >> It's not saying, you know, there's [21:24] alternative. [21:26] >> You just have that option if you have a [21:27] single family dwelling on the same [21:29] parcel. [21:29] >> Yeah. [21:30] >> Um and then the last one was 12.58.120. [21:36] That's way at the bottom and it's [21:38] already a comment I noted um as [21:40] something that it's the very literally [21:42] the very last paragraph of the thing. [21:46] Go up just a little bit now. Right [21:47] there. Go down. Yeah. [snorts] Yeah. And [21:50] I put should we should we site a code [21:52] here or delete and remove from of Utah [21:54] code 102303. Da da. I read that over [21:57] removing it and it still kind of read [22:00] funny to me even with that. So I thought [22:02] additionally the city may um utilize [22:06] applicable enforcement provisions [22:07] regarding violations and holding leans [22:09] against the property if we can't if we [22:12] don't want to and we're not able to keep [22:13] that citation in there. that sentence [22:15] would be sound at that point. That's [22:17] what I was thinking. Again, if you want [22:19] me to reread that. Additionally, the [22:21] city may utilize applicable enforcement [22:23] provisions regarding violations in [22:25] holding leans against the property. [22:29] » Then we're not making a ref because that [22:30] reference is to internal ADU state code. [22:33] Mhm. [22:34] >> That I looked that reference is like [22:37] this long and it basically just says the [22:38] city's allowed to go on your property [22:40] >> and and also enforce leans and and right [22:43] enforce on the property. Yeah. [22:46] >> Yeah. So, and I don't know maybe that's [22:47] a legal question, Lisa, how that might [22:50] read it be proper construction that [22:52] citation I don't know that we can site [22:53] it in detail. [22:54] >> Yeah. I like your new provision. I still [22:56] think there's, [22:57] >> you know, legal issues. I'm hopefully [23:00] they'll fix that with the legislative [23:01] session. I know we worked hard on those [23:04] lean provisions. I know the Salt Lake [23:06] City attorneys were involved in that [23:07] lean provision language in the internal. [23:10] So I don't know why it was left out of [23:12] attached. [23:13] >> Okay. So I would amend it to say may [23:15] utilize applicable enforcement [23:16] provisions regarding violations and [23:18] holding against the property. [23:21] >> Okay. That that's that would be my [23:23] recommendation. And I think with that [23:25] that's everything as far as um outside [23:29] of what we talked about from the last [23:30] meeting. I went and listened to the [23:32] entirety of the last meeting and felt [23:34] like I captured all of your comments, [23:35] but clearly even as I note in my um in [23:40] the actual staff report, I added a [23:44] statement and I did this on purpose to [23:46] signal both to you as well as the public [23:48] that there's still discussion here. [23:50] further staff supports the planning [23:51] commission in making additional efforts [23:53] in refining the proposed language if [23:55] there's interest in further providing [23:57] modifying the provided draft DAU zoning [23:59] language proposal prior to taking any [24:01] formal action and providing a [24:02] recommendation to the city council. So, [24:04] I guess what I'm trying to say is if [24:05] there's any still gray areas that we [24:08] need to to discuss or further identify, [24:10] we can. Um, one other thing I wanted to [24:13] note, there was uh some commentary from uh Commissioner Patterson earlier [24:17] in the week and I tried to provide [24:20] clarity to those comments as well as pro [24:22] provide you all with information. I [24:23] talked about like we can't regulate [24:25] modular homes off of single family [24:27] dwellings. I was able to find the code. [24:28] I provided it to you. I tried to give [24:30] you definitions of family both in state [24:32] code and city code. That city code [24:34] definition of family was what I was [24:35] referencing. I couldn't necessarily find [24:37] the same uh matching code and state [24:39] code, but it has been there. But that [24:42] state code definition of single family [24:44] might be an update to that. And so our city code might be a little bit more [24:48] historically correct to a previous [24:50] iteration of that before they modified [24:52] or it may still be in there. I was [24:54] researching, I couldn't find that older [24:55] definition, but I remember in my my [24:58] career when they did that transition to [24:59] a definition of family and so that's why [25:01] I wanted to identify that state code [25:03] because it matches exactly what old [25:04] state or city code because it matches [25:06] what the old state code or at least it [25:08] may be still current. I just couldn't [25:09] find it definition of family is but then [25:12] I found that other single family [25:13] designation which makes it clear four [25:16] persons together is your minimum limit [25:18] you can establish as a city. I [25:20] appreciated you referencing that and [25:22] sending that because I read it and it [25:24] was very clear. [25:25] >> Yeah. Yeah. So, we have clarity on those [25:27] points. I did update as as you see here [25:30] the table of uses showing that I put a [25:32] question mark by agricultural just [25:34] because there was a little bit of a [25:35] discussion there. But from staff's [25:37] perspective, if you look at internal [25:38] ADU, it is permitted [25:41] >> already. So to in what I'm getting at is [25:44] on an agricultural lot to in order to be [25:46] consistent probably staff would say to [25:48] do permitted also an agricultural low. [25:51] Um but clearly that is something that [25:52] can be discussed as a recommendation to [25:54] council if you feel differently. The [25:56] other option would be probably an N. I [25:59] don't know how we would do a conditional [26:00] use permit in in agricultural unless you [26:02] guys want as a commission want to talk [26:04] about it and tell us how that would [26:05] look. Um but again I guess that's a a [26:08] tertiary option if we want to go there. [26:11] Um and then see is that everything [26:15] commentary response [26:16] >> statement [26:17] >> I believe that that's everything but if there yeah and then there's still [26:21] direction from the Utah League of Cities [26:23] and towns relative to ADUs which we [26:25] covered at the last meeting. So I [26:28] believe that covers everything [26:30] additional from our last discussion and [26:33] getting all the research information and [26:34] fulfilling the homework that was [26:36] directed by the planning commission and [26:38] I guess I would defer to you if you have [26:40] questions on me or if you want to [26:41] proceed to plan the public hearing and [26:43] then go from there uh however you want [26:45] to proceed. And uh with that that's my [26:47] presentation. [26:48] >> Excellent. [clears throat] Thank you. [26:49] >> Um so we're going to bring it back to [26:51] the commission for questions and I'll [26:53] kind of lead off on that one. um [26:55] agricultural low. [26:58] >> Um what are the I'd like to just sort of [27:01] brainstorm with you, Mr. What are the impacts that an ADU would [27:06] have that would need to be mitigated [27:09] >> for a conditional use permit? [27:10] >> Yeah, [27:11] >> that's why I said I don't I right off [27:13] the bat I I don't mean to chuckle, but [27:15] >> it's true that No, it's it's it's almost [27:17] backwards. It's almost like um it would [27:20] be that it would be the addition of the [27:21] ADU that would have to then uh deal with [27:25] the agricultural uses. [27:27] >> Yeah. What kind of what kind of harmful [27:28] impacts come from the the detached ADU [27:31] on agricultural lot that would justify [27:33] conditional use permit application? [27:35] >> Yeah, [27:36] >> I think for a large agricultural lot, it [27:39] might be an underused use, you know, [27:42] like rather than subdividing later or [27:44] you know, preventing future development, [27:46] but Okay. [27:48] >> And I agree with [27:48] >> But the cup doesn't solve that. [27:50] >> No, no, that's not a cup. [27:52] >> And they're allowed by law. So [27:53] >> Exactly. Well, unless [27:55] >> Yep. Yep. Exactly. That was that was my [27:58] one question there. Um the conversations [28:01] that we had in the email, I did they [28:03] make it into an amended packet [28:05] >> for the record. I think we should do [28:07] that. [28:08] >> That's fair because it did go it did go [28:10] to the whole [28:10] >> It went to the whole commission. So I [28:12] think all of the conversations we had [28:13] since Monday [28:14] >> Yeah. should be included in [28:16] >> should be included including the one [28:17] from boundful. We've identified them [28:20] fair record here and we've summarized [28:22] their contents. [28:23] >> I didn't even think about that but yeah. [28:24] >> No, no, no worries. Um I'm just keeping [28:26] track and um so for the public that are [28:30] here to summarize what in essence it was [28:32] were questions that were coming up on [28:34] how other definitions [28:36] um how certain definitions were being [28:38] used. We just talked about it. Um we're [28:40] going to put it into the the amendment. [28:42] >> I will yeah I will include it in the [28:43] packet. it'll be reflected tomorrow in [28:45] this same packet once I go and amend [28:48] those in. [28:48] >> Right. [28:49] >> Uh of of a special importance or at [28:53] least of uh not importance special [28:55] interest to me were were bountiful's [28:57] responses. [28:58] >> Right. [28:59] >> Um and if it's okay, I would rather just [29:02] read that into the record. [29:04] >> Sure. [29:04] >> Um so that the public can comment on it. [29:06] That would personally all of the [29:09] definitions were just definitions and it [29:12] can be helpful. I thought that it might [29:14] be helpful to read that one into the [29:17] record. Are we okay with that? [29:19] >> Yeah. [29:20] >> Okay. Let me see if I can find it again. [29:27] » Okay. So, this is correspondence between [29:29] Mr. Egot and Mr. um Atorga. [29:32] >> Atorga Francis Francis. Uh who is [29:36] >> he would be my counterpart for Bountiful [29:38] City. [29:38] >> Okay. Um good morning, Francisco. I've [29:41] been trying to contact you by phone um [29:44] regarding your car's warranty. No, [29:47] [laughter] [29:48] >> I know. I've been trying to contact you [29:50] by phone regarding an inquiry I've been asked with by the central [29:53] planning commission. We are working on a [29:54] detached ADU dat ordinance and the [29:56] planning commission has requested some [29:58] data information from you and your PZ [29:59] department um there in Bountiful [30:02] relative to Datus. Therefore, could you [30:03] help me out with providing approximate [30:05] answers to the following questions? [30:06] Number one, how many registered detached [30:08] ADUs do you have in Bountiful City? [30:10] Number two, what is the typical housing [30:11] lot size you see for the use of data [30:14] development? Number three, do you allow [30:15] for basements of any kind in a data [30:17] establishment? Number four, what is the [30:19] typical size you see constructed for a [30:21] DAT establishment? Uh, I would greatly [30:23] appreciate it if you could answer these [30:24] questions for me by or before next [30:26] Wednesday evening, August 12th, and when [30:27] I have uh when I have planning [30:29] commission, I would like to report the [30:30] answers to these questions to the [30:32] commissioners. I also understand that [30:33] some of these numbers might be harder to [30:34] get. So, in that event, just let me know [30:36] a comment like indeterminant or [30:38] something like that. Again, thank you in [30:39] advance for any assistance you can [30:40] provide in this inquiry. Sincerely, Mr. [30:43] Egot. And then his response. [30:44] >> Mason, would you slow it just a little [30:46] bit, please? [30:47] >> Sure. [30:47] >> Thank you. [30:48] >> Sure. Yeah. [30:49] >> How much slower? [30:51] >> A little slower, attorney. Just a little [30:53] slower [laughter] so that everybody gets [30:55] it. [30:55] >> Response. Um, and that is uh August [30:58] 10th. Michael and Sydney, we are happy [31:00] to help. Below our responses to your [31:02] inquiries regarding detached ADUs in [31:04] Bountiful. Number one, how many [31:06] registered detached ADUs do you have in [31:08] Bountiful City? We have 27 registered [31:11] detached ADUs dating back to 2008. There [31:14] may be additional detached ADUs that [31:16] predate our current records as Bountiful [31:18] has historically allowed ADUs in some [31:21] form for quite some time. Number two, [31:23] what is the typical housing lot size you [31:26] see for the use of data development? The [31:28] minimum lot size in Battlefield is 8,000 [31:30] square feet. We have not historically [31:33] tracked the lot sizes associated with [31:34] our approved ADUs. So I cannot provide a [31:38] reliable typical lot size. I do think [31:40] this would be useful information to [31:42] track particularly when creating or [31:45] amending ADU policy. Number three, do [31:48] you allow for basements of any kind in a [31:49] DATU establishment? Yes. Assuming you [31:52] are asking specifically about detached [31:54] ADUs, we do not regulate the particular [31:56] form or configuration of the DATU in [31:59] that manner. For example, it could be it [32:01] could include a basement, be located [32:03] above or behind a garage, or take [32:06] another configuration provided it [32:07] complies with the applicable development [32:09] standards. Number four, what is the [32:11] typical size you see constructed for a [32:13] DAT establishment? [32:15] Detached ADUs are typically in the range [32:17] of 800 to 12 uh well 800 to 1,200 square [32:22] feet. The maximum permitted size for a [32:24] detached ADU in Bountiful is 1,250 [32:27] square feet. I hope this information is [32:29] helpful for your planning commission [32:31] discussion. Please feel free to reach [32:33] out if you have any follow-up questions. [32:35] I am generally easier to reach by text [32:37] on myself and I'm not going to add that [32:38] even though it's probably going to go on [32:40] record. If you want to uh redact that, I [32:42] have no qualms. Um and then there's a [32:45] response where Mr. Egget sends it to us [32:47] and uh Laorray [32:50] um said thank you. [32:52] >> Thank you for acknowledging that. Well, [32:54] it's it's all part of the the the reason [32:56] I I felt it was important to read into [32:58] that is because I found it fascinating [33:00] that they only have 27. [33:01] >> Yeah. [33:02] >> And it's been around for how many [33:03] decades? [33:04] >> 2008. Yeah. Almost. Yeah. [33:07] >> Well, Farmington's been doing it for [33:09] quite some time as well, and they don't [33:10] have very many [33:11] >> when I was doing the research, which I [33:13] found fascinating. [33:14] >> Yeah. I mean, that will accelerate with [33:16] Farmington's new programming, but [33:17] >> but they've been doing this [33:19] >> programming for quite some time. [33:20] >> Yeah. And quite a few cities actually [33:22] have. [33:22] >> Okay. [33:23] Yeah, I thought that was fascinating and probably will be a point of [33:26] information we may or may not use in [33:28] today's discussion andor decision if we [33:30] get to that. Um, [33:33] questions for staff. [33:34] >> Yes. [33:35] >> All right, Lorray, jump in. [33:36] >> I want to talk a little bit more about [33:38] windows. You were talking about that. I [33:40] first of all, I didn't catch who you [33:42] were speaking with. [33:43] >> Don Hansen, who is our building [33:44] official, our contracted building. [33:45] >> Oh, okay. Okay. So, I I guess I just [33:48] need more clarification on the windows. [33:51] I just sort of wanted to open it up [33:53] again so that we could discuss it. [33:55] >> So specifically what he said his comment [33:59] just kind of in passing from his [34:00] perspective is if your setback minimum [34:02] is 8 ft from property lines even in the [34:05] rear yard that's your setback for your a [34:07] dwelling that's the minimum sideyard [34:09] setback in a dwelling. So why would you [34:13] eliminate operable windows on [34:17] the side of the building that's adjacent [34:18] to a property owner if on a home it's 8 [34:21] ft? Now the counter to that is that a [34:23] home doesn't go that far in the rear [34:25] yard setback. So I mean the home, you [34:28] know, it has to be set back I think it's [34:31] 20 or 30 feet as rear yard set 20 ft as [34:33] rear yard setback minimum. So that's the [34:35] biggest differential to to counter his [34:37] comment. But um the idea is [34:42] if you do it on a home a main unit, do [34:45] you really want to make them inoperable? [34:47] And you could still even keep the [34:49] translucent and just eliminate that [34:50] statement about inoperable in that [34:52] scenario. [34:53] >> Even at that, [34:54] >> I think the reason what I recall from [34:56] the last meeting is the concern of [34:59] overseeing your neighbor, right? Nobody [35:01] needs to be looking at somebody else's [35:02] bedroom or something. [35:03] >> And maybe if your window can open, sound [35:05] can emanate out of it possibly. That was [35:07] also part of the discussion, right? [35:11] >> I just thought that that was a good I [35:13] mean I liked what he said too, operable, [35:15] inoperable. And then I had mentioned in [35:17] my notes as well [35:19] >> about you know you have to have an [35:20] entrance and an exit for a bedroom, [35:22] right? [35:22] >> Yeah. And if you did if and as I as I [35:25] noted for the record and for those that [35:26] are here um if you have it as [35:29] inoperable, it still works because now [35:32] the burden will be on the property owner [35:33] that's in the DADU to make sure they [35:35] meet fire and building code for [35:37] appropriate matters of egress and [35:38] ingress into that that structure. [35:41] So you still they will be they will have [35:44] to build it to meet building code to [35:46] provide for that if the code restricts [35:48] them having that access on that on those [35:49] sides. So, is that a higher level of um [35:54] kind of overseeing the windows if we're [35:56] going according to fire and whatever [35:58] building code or less? [35:59] >> Basically, you're creating a zoning [36:00] restriction that goes above what typical [36:02] building code would otherwise allow. [36:04] >> If it were to say [36:06] >> if you were to keep it the way it's [36:07] written, [36:08] >> it goes above and beyond. [36:09] >> Correct. Standard is what I'm saying. [36:11] >> I see. [36:12] >> Yeah. Correct. [36:14] >> Okay. [36:15] >> Can I ask a question that I probably [36:17] should know? um for it to be an operable [36:21] fire compliant egress. Um, is there a [36:25] height level at which we say it's no [36:27] longer operating? [36:29] >> Here's my thought, right? Like you're in [36:31] bathrooms and we see windows in [36:32] bathrooms all the time and they're set [36:34] 5t above [36:36] >> you can't use it anyway. [36:38] >> Right. Right. But is there a possibility [36:40] that rather than say, hey, inoperable, [36:43] uh, we would say something like, hey, it [36:45] has to be a minimum height off the [36:46] floor. [36:47] >> Yeah. I I mean I I would I would have to [36:49] do research and obviously depending on [36:52] what the direction of the planning [36:53] commission was to bring back to planning [36:55] commission or put whatever that one was [36:57] into a recommendation with city council. [36:59] The only thing I worry about obviously [37:01] is a little bit of a timing crisis. [37:03] >> But but I can see the the logic and what [37:05] you say. I just I don't know until I I [37:08] ask the the specialists. [37:10] >> It's a thought then maybe yeah depending [37:11] on where we go it can be forwarded with [37:13] a recommendation that [37:14] >> Yeah, I can see what you're saying that [37:16] would make sense. Yeah, [37:18] >> it would ameliorate a lot of the [37:19] concerns I personally had about opening [37:21] up a window and then just staring into [37:23] somebody else's. [37:24] >> Right. Don't want that. [37:27] >> Yeah. [37:27] >> Aren't you When we say that you're 8 [37:29] feet off the property line, so that's a [37:31] total of 16 [37:32] >> 16, right? [37:33] >> Yeah. [37:34] >> I mean, is are [37:35] >> 16 feet? Wait, explain that to me, Paul. [37:37] >> Because each could you get you got eight [37:40] feet off the property line on both [37:42] properties [37:42] >> from the back [37:43] >> and the sideyard? [37:44] >> I thought sideyard was five. It's 8 feet [37:46] on a a single family dwelling [37:48] >> on a single family. [37:49] >> If it's in if it's an accessory [37:50] building, then it' be typically five [37:52] feet. But we're talking about DADUs, [37:53] which now we're making. [37:55] >> Okay. So, we're still that's what [37:56] >> So, we're talking a distance potentially [37:59] >> 16 ft. [38:01] >> So, so the fair question and and I think [38:04] it's a point well taken. The reason I am [38:06] concerned is that we're injecting [38:08] additional units that weren't planned [38:10] for when other homes were designed. [38:12] >> Right. [38:13] >> That was my concern. And yeah, it could [38:17] have been designed originally in such a [38:18] way that the homes could have been [38:20] staring into each other's bathrooms. Um, [38:22] I have one of those. I my bathroom [38:25] window looks into my neighbor's backyard [38:27] family window, family room window, and I [38:31] don't like it [38:34] » though. It [clears throat] is 16 ft. [38:36] >> Yeah. [38:39] So, how do we [38:42] I mean, we need to further discuss it. [38:44] >> Yeah, I think we should discuss when we [38:46] get to that item. I think we should [38:47] discuss it and figure out what [38:49] everybody's feeling about that. [38:50] >> Okay. So, when it comes back to us, is [38:52] that what you're recommending? [38:53] >> After the after the hearing. [38:55] >> Okay. [38:55] >> The public hearing. Um, any other [38:58] questions for staff? [clears throat] [39:00] >> I had a couple questions. Um, and this [39:02] is mostly just me not understanding, but [39:05] uh there was a section, well actually [39:07] you're already on a page of my second [39:09] question. So on D right there, it reads [39:12] only one additional entrance may be [39:14] located on the wall facade that can be [39:15] viewed from the public street. So is [39:17] that saying you can have two entrances [39:19] essentially like on the front of your [39:20] >> like a detached ad you could have one [39:22] entrance facing the street and one like [39:24] on the interior lot side? [39:26] >> So this is reading that you can have two [39:28] doors facing the street, right? Is that [39:31] how I read it? [39:32] >> Am I wrong? [39:34] >> You have one additional entrance maybe [39:38] located on the wall facade that can be [39:39] viewed from the public street. [39:41] >> So it's ask that's saying it one more. [39:44] >> Right. [39:44] >> I see your point with that. [39:46] >> So if you just took additional out could [39:48] be removed. [39:49] >> So only one entrance. [39:50] >> Yeah. It should saying you can have one [39:52] entry point. [39:52] >> Yeah. That could be removed to clarify [39:54] that. [39:55] >> Good match. [39:57] >> That's a good point though for sure. [39:59] >> Okay. Yeah, super good. [40:01] >> Um, and my first question, there's a [40:04] couple times in there it mentions [40:05] something about like essentially if [40:07] you're not using the DADU anymore, then [40:10] you have to like remove your kitchen. [40:12] >> Yep. Well, [40:13] >> I just want to understand that better. [40:15] >> Kitchen sub connections with utilities. [40:17] So, that's in the internal ADU ordinance [40:19] that we require that. So if anybody [40:21] wants to disconnect, let's say they're [40:22] they have a and then internal ID, we [40:24] actually have one of these and Cindy's [40:26] actually become a little bit of a an [40:28] expert at this because we did one not [40:29] too long ago, but you have to sever some [40:31] basic service that gives it legitimacy [40:34] as an ADU to then turn it back to like a [40:38] basement that might have a kitchen in [40:40] internal. So we to use that same [40:42] language for DADU cuz what if you had [40:44] someone which I don't know if this could [40:45] happen but maybe a previous owner [40:47] convert it to a DADU and the new owner [40:49] wants to put it back to more like a [40:51] garage or a family room/g right. So what [40:55] do you do that turns it back from DADU [40:58] so they don't have to meet compliance [40:59] standards of a DADU? You you reduce some [41:02] kind of utility connection or kitchen or [41:04] something and you make them show proof [41:05] of it. So would that like say I built a [41:09] building and I just absolutely hate it. [41:11] I don't want to do it anymore. It's such [41:13] a pain. [41:14] >> I want to use this as like a guest house [41:16] for people who come and visit. [41:18] >> Does that mean I like am I not allowed [41:20] to do that? [41:22] >> Not by that code. Not not at least in [41:24] you at least have to show some severance [41:27] of that DADU allocation. [41:29] >> So it can't be it cannot qualify under [41:31] the definition of dwelling. [41:33] >> Okay. [41:33] >> Because you can't have two dwellings on [41:35] a lot. [41:35] >> Yeah. And so you have to take something [41:37] out that makes it not a dwelling. [41:39] >> So to that point, what does the verbiage [41:41] say? Because I know Jackson, we talked [41:43] about this before. What does Jackson [41:45] have? They make them, [41:47] >> but what does ours say? Because I don't [41:49] remember. [41:50] >> There's a few different things. [41:51] >> Is it just options? [41:53] >> Yeah, it gives it gives multiple options [41:54] on a list. I'd have to find it right off [41:56] the end, but it is in there. I read that [41:58] earlier today. [41:59] >> Okay. [42:01] >> See, [42:02] >> it's towards the end, I think, but I [42:04] can't remember. Excuse me. [42:07] >> Right there. [42:08] >> Uh 12.58.8. [42:10] Yeah, there it is. B. [42:12] >> Yep, there it is. [42:13] [clears throat and cough] [42:14] >> One more [42:19] features [42:23] » and you're good with that, Lisa? [42:27] >> I have not spent a significant amount of [42:29] time on this code text. This is what is [42:33] in the internal ADU ordinance. [42:35] >> So, we're just basically copying and [42:38] pasting. [42:39] >> But I do agree with the needing a [42:42] provision so that the guest house [42:44] doesn't occur. That's the whole point, [42:46] >> right? Okay. [42:52] I will say that when um a building [42:54] permit comes in and there is a kitchen [42:58] identified, what I do is that I look at [43:01] the applicant and or the application and [43:04] make sure okay if there is a second [43:06] kitchen then they need to um sign a [43:09] waiver that basically states hey there [43:13] will not be we will not be renting this [43:15] for anybody. This is a internal because [43:19] obviously internal ADU. This is a [43:21] internal um family use and there was [43:24] actually a um a like a form that was [43:30] created by Lisa a couple years ago that [43:33] they still have to sign. So what we [43:35] would do most likely is that once that [43:38] this would be passed, we would just [43:40] bring that same form back to Lisa and [43:42] she would just amend it to be a external [43:46] ADU form as well. [43:48] >> That makes sense. [43:49] >> And I think we may record those [43:50] secondary kitchen because we don't want [43:53] them to sell it and have the new owner [43:55] think that it's, you know, two dwellings [43:57] or [43:57] >> Yeah. [43:58] >> So they have to get it notorized as [44:00] well. [44:03] >> Decommissioned Yeah. [44:05] >> Do you have some? [44:06] >> I have a couple more nitpicky questions [44:08] and then I'll have a few more things. [44:10] You know, recognizing a product of me [44:12] not being here last time, a few other [44:14] thoughts that I make more sense for the [44:16] discussion piece. Um, on the definitions [44:20] portion, um, section A, I'm just curious [44:24] reading through this, at least to me, it [44:27] didn't feel clear that the definition [44:30] was specifically saying detached other [44:32] than in the name itself. I don't know, [44:34] maybe this is just me, but unit created [44:36] and located externally to me could also [44:38] read it as an attached ADU [44:42] rather than being detached. But maybe [44:43] that's just me. I I [44:45] >> externally on the same property is what [44:47] makes it detached. [44:48] >> Yeah. So maybe [44:49] >> see that consistently in other city [44:50] codes as well written that way. [44:52] >> Okay. Yeah. So that that's probably just [44:53] me. [44:53] >> That's the key term that says it. [44:55] Otherwise, I mean it is it is an analog [44:58] to internal ADU, but the key is located [45:00] externally on the same. [45:01] >> It's located externally there. Okay. [45:03] >> And the definition also requires a [45:05] single family dwelling to be existing. [45:08] >> Yes. Start with a [45:10] >> Yeah. As long as that's consistent with [45:12] other codes, I think that that makes [45:13] sense. Um, and then the other question I [45:17] had more of a procedural one is the [45:19] other applicable regulations and codes [45:20] section at the very end 125810. [45:24] Um, I just wonder if that's a section [45:27] that's better served at the beginning [45:29] because we reference a lot of the [45:31] dependencies on those applicable codes [45:34] throughout. [45:36] Um, [45:38] I just wonder if having at the very end [45:41] if it would make more sense to have that [45:43] be more of a beginning thing to [45:44] reference. Okay, everything needs to be [45:46] consistent with these codes and then [45:47] break it out further from there. [45:51] >> I don't know. I that's that's how it is [45:54] I think in in organization as far as [45:56] order. I believe it's in a similar [45:58] position in the internal ADU ordinance. [46:00] Okay. Positioned here here. [46:02] >> It's kind of like uh [46:04] >> all these permanent things and then this [46:07] other stuff that's more basic needs to [46:10] also be applicable. But I don't know [46:12] that it has to be that way. It just this [46:15] is just mirroring the internal ADU to [46:17] try to be in organized consistency as [46:19] much as possible with its structure. [46:21] >> Okay. [46:22] Yeah. No, and I I I originally noted [46:24] this as like I see it as perhaps a [46:26] little redundant because we reference [46:27] these codes throughout, but I think [46:29] redundancy as long as it's consistent [46:32] serves well in this case. It [46:33] >> it's kind of and it's a catch-all of a [46:35] lot of things are already said before. [46:36] It's just a reminder that hey, there the [46:38] these other basic expectations with [46:41] utilities and with impact fees and with [46:44] um yeah, your codes that are going to be [46:46] applied that you need to comply with. [46:48] Also, I did note in there that I need to [46:50] check with public director. I'm just [46:51] going to quickly address that. Address [46:53] the address. I did talk to the public [46:55] works director and he's good with it as [46:56] it's worded with that system. That is [46:58] the system that he consistently applies. [47:02] >> And then while we're on this section, [47:03] just one uh question perhaps correction. [47:07] Um is it construction code or is it [47:10] building code? [47:12] >> It they're synonymous. I mean they're [47:14] the building it's building construction [47:16] codes. It [47:18] >> I can answer that. We if we capitalize [47:21] construction and code, it is defined in [47:23] title 10 of our municipal code to [47:26] include all the building code, the [47:28] plumbing code, the electrical code, the [47:30] so it's a defined term in our code [47:34] >> and that's what we mean. So I see here [47:36] construction and fire codes, but [47:38] essentially [47:39] >> we just say construction codes and that [47:40] means everything. [47:41] >> Okay. Yeah, I had seen [47:43] >> defined in that title 10 as to what [47:45] which ones we've adopted. [47:46] >> Okay. I had seen elsewhere in the code [47:48] building. So then I can assume building [47:50] is under the umbrella of construction. [47:52] >> I thought we searched all those. Maybe [47:54] that was just one of our things to do. [47:56] But we would like to eliminate those you [47:59] know unless it's specifically talking [48:01] but building code doesn't you know you [48:03] still need to go are we talking about [48:05] residential code and you know [48:06] >> and even here I could scrape where it [48:08] says regarding the building construction [48:09] and fire codes. I could scrape building [48:11] Lisa and just have say regarding [48:13] construction and fire codes [48:15] >> and then just would be an easy [48:16] amendment. [48:17] >> Yeah. That would be take out that word [48:20] building right there. [48:21] >> It's only capitalized. [48:22] >> Say construction and fire codes. [48:24] >> Yeah. [48:24] >> Rather than say building construction [48:25] and fire codes, [48:26] >> right? [48:26] >> And it needs to be cap I would say. [48:29] Yeah. [48:29] >> Should I capitalize construction and [48:31] fire? [48:32] >> Construction and fire codes. Yeah. [48:34] Typically the term construction code. [48:37] >> Make them a term. [48:39] >> Okay. [48:40] >> Building code. [48:40] >> Good. [48:41] >> Yeah. that that was something we talked [48:43] about fixing so that we all know and we [48:45] could also look at saying, you know, as [48:47] defined in title 10 if it's not defined [48:50] in the zoning code. So, let's see. [48:53] Sorry, now it's trying to search for [48:55] building code, but [48:57] um definitions. [49:08] Yeah, I don't see a definition of [49:10] building code. So, let's see if we [49:12] define constru. Yeah, construction codes [49:15] is defined and it's the construction [49:18] codes adopted by the city in CMC 7.5, [49:21] which is the fire regulation and CMC [49:23] 10.3, which are our construction codes. [49:26] They may also be referred to as building [49:29] code, fire code, or safety code. That's [49:31] how we solved it. So, if you use any of [49:34] those terms, you better go back to this [49:35] definition and then it tells you where [49:37] to go. Okay. Yeah. [49:40] >> So then it's already taken care of. [49:41] That's a good point. [49:42] >> I'll just amend out building and then [49:45] capitalize construction and codes. [49:47] >> Perfect. [49:48] >> Good. [49:55] » And I'd probably say construction codes [49:56] and fire codes. Okay. [49:58] >> Just so that if you're searching for [50:00] construction code, it will come up. [50:01] >> Okay. [50:02] >> Yeah. [50:03] I guess one other question uh as well [50:06] with regards to the uh parking [50:08] requirement that's uh under section 1258 [50:12] uh 060 I [50:16] um has staff done any research on on [50:19] other comparable cities in terms of [50:22] requirement of spaces for [50:23] >> we don't have a choice this is state [50:25] >> that's state okay language okay [50:28] >> yeah even the tanum is state state [50:30] required so I Can't take that out. It [50:33] has We have to allow tandem and we have [50:35] to allow up to 650 have one then after [50:38] 650 they can have two. [50:40] >> Interesting. [50:40] >> State required. [50:41] >> Perfect. [50:42] >> Yeah. [50:43] >> I think that's on my end. [50:49] » That's all. [50:50] >> Bane. What was the code section? It was [50:52] >> that 1258 [50:54] >> additional entrance. [50:56] >> Oh, that one is [50:58] >> 1258.070D. [51:01] the additional entrance link. [51:02] >> Thank you. [51:06] » All right. Additional questions. [51:09] Round two from anybody. [51:15] Okay. So, um having sused that out, [51:19] let's go ahead and proceed to the public [51:20] hearing phase. I'd invite any and all of [51:23] you to come up to the microphone name, [51:25] address, and then provide your comment. [51:33] Good evening. My name is Carol Hendris. [51:36] I live at 740 North Main Street just [51:40] down the road here. [51:42] Anyway, I did listen to the entirety of [51:45] well almost the very until the very end [51:48] of your last meeting. So that was really [51:52] helpful for me. We are hopeful to do a D [51:56] Aau or you know right but I don't know [52:00] that we will even be approved. We'll [52:02] have to get a conditional use permit. We [52:05] have a very narrow deep lot. It's um [52:09] like 0.9 acre of an acre, but we have a [52:14] flag lot and we'd have to put that [52:18] detached unit like almost 400 ft back, [52:22] which for utilities for our neighbor [52:25] that we share the driveway would be [52:27] terrible. And I know we're not talking [52:29] about that today. That will be after it [52:32] all gets approved. Right. [52:34] >> Yes. So anyway, I'm just putting it out [52:36] there that, you know, in Centerville, we [52:39] don't all have the same type of law. And [52:43] so, just please kind of put in the back [52:46] of your mind that maybe everything is [52:48] not going to look the same. Um, but can [52:52] still be beautiful and still be nice and [52:55] a and a benefit to our community. Um [53:00] the I really kind of agreed and and [53:04] thought what you decided last time was [53:07] really good. Um the one thing I had [53:11] issue with or and it may not even be an [53:14] issue but um if we are supposed to do up [53:18] to a family um and at the very end we [53:23] were talking about how big the the um [53:26] unit could be and we were thinking oh [53:30] 1,200 is so big but if you put a family [53:34] of four in an 850 square foot place. [53:38] That's the kind of place you go to for a [53:40] weekend or maybe a week on vacation. [53:43] It's not some place you live for a year [53:46] or two years renting. [53:49] I looked up because I'm thinking about [53:52] this stuff. I looked up the floor plans [53:56] for 800 850 square ft. Your bedrooms are [54:01] 10 by 10. You have one bathroom with one [54:05] sink. You have a kitchen and a living [54:08] [snorts] room, but not really room for a [54:10] kitchen table. I would just respectfully [54:14] ask you to consider following our [54:17] neighbors. It it isn't going to be [54:19] terrible. If they have allowed it, I [54:22] think we can do it. And just because [54:24] West Valley City [54:26] says they're, you know, 850 square feet, [54:31] when have we looked West Valley City for [54:35] us? You know, that is not who we should [54:38] try to emulate. Um, and as far as the [54:43] windows open or closed, I mean, for sure [54:47] I would suggest that bathroom windows be [54:50] obscured, you know, with film or [54:53] whatever. [54:54] And the reality is we live close to each [54:58] other. You know, I kind of have a little [55:01] benefit because I got in a long time ago [55:04] and got a lot. I'm from Wisconsin. This [55:08] is still small. What I have is still [55:10] smaller than I want. But if you go by [55:13] our house, you won't even see our house [55:15] because we have planted trees. But in [55:19] front we have a lovely lawn area that [55:21] one day I hope will supplement our [55:24] retirement income for a detached unit. [55:27] Um, that is really it. I appreciate what [55:32] you do. I appreciate the time and [55:36] intelligence it takes to do what you do [55:39] because I do not have that ability. I [55:42] just know what feels good. And um I just [55:47] respectfully ask you to remember that [55:50] things are not going to be cookie cutter [55:52] for everybody and that one day when I [55:56] come before you asking for a conditional [55:58] use permit, you will consider it. And we [56:03] understand if you say no, but please [56:05] consider. Thank you. before you're done. [56:07] Usually we don't have uh dialogue [56:09] between uh members of the public, but I need to ask you a question because I'm [56:14] not quite sure I understand your [56:16] comment. [56:17] >> So, I'm going to veer out of uh the the [56:19] norm. [56:20] >> Totally understand. [56:21] >> Um [56:22] >> you're saying that the flag lot causes [56:24] an issue and that you've said that um [56:27] odd lots need to be considered as part [56:30] of our discussion. I'd like to [56:31] understand that and I'd like to even [56:33] just look at your lot later. Can you say [56:35] your address one more time? [56:37] >> 740 North Main Street. [56:39] >> All right. [56:40] >> And my neighbor who we share the [56:42] driveway with is 720. All right. [56:45] >> If you look at those two, you will see, [56:48] you know, in fact, we have our garage in [56:50] front of our house, which is totally [56:52] against the rules, right? But when we [56:55] came before asking for the permit to [56:58] build it, it was easy to see that, you [57:03] know, we had so much space in front. It [57:05] just made sense. [57:07] >> So, um, [57:09] >> thank you. [57:09] >> Is that it? [57:10] >> Thank you. [57:11] >> I appreciate that. [57:12] >> I'm conforming. [57:13] >> Next, please. [57:20] » All right. So, my name is TJ Riley. This [57:23] is my wife, Talia Riley. Um, yeah, if [57:26] you don't mind passing those out. [57:28] >> Hold on. Um, so what what are these [57:31] things? [57:31] >> This it'll it'll basically everything [57:33] I'm going to talk about tonight, you're [57:34] going to get a copy of [57:35] >> Okay. We'll need to make sure that a [57:37] copy gets into the record. So, you'll [57:38] need to make sure that there's a copy [57:40] for Miss Deise. [57:41] >> Yeah. Originally, I was going to um [57:44] Well, let me let me just kind of [57:45] introduce myself. So, uh [57:49] we have lived in Centerville City for [57:51] years. We've raised our family here. Um, [57:54] we border we we're on Chase Lane, so we [57:57] border the school. We have an acre lot [58:00] kind of like you [snorts] and uh [58:04] >> anyways um I've actually come to city [58:07] council before [58:09] >> uh talking about the ADU [58:12] ordinance because I knew [58:13] >> sorry about I'm going to ask you to [58:15] pause. [58:15] >> I wasn't able to listen. [58:18] >> I don't multitask very well. I'm so [58:20] sorry. [58:21] >> You're You're fine. [58:22] >> I'm so sorry. [58:23] >> You're good. You're good. What I was [58:24] just saying is is we live on Chase Lane. [58:26] We have an acre lot. Um kind of similar to her. Um and [58:34] anyways, I uh I actually work for a [58:38] city. I've done North Salt Lake City for [58:41] 23 years now. So, I understand [58:44] a lot of the process. um being involved [58:47] that long, you kind of get to know [58:48] certain things and how they go about. [58:51] So, originally I was going to take this [58:53] to city council, [58:55] which I have before on the ADU thing, [58:57] and then I've been kind of watching [58:58] because I know that it would come before [59:01] planning commission before uh it would [59:03] go to uh city council on recommendations [59:05] of this new um ADU uh process that's [59:09] going to be taking place throughout the [59:11] state. And so I'm just going to kind of [59:14] read through this and kind of let you [59:17] know you guys will have everything that [59:19] I'm going to be talking about. So I want [59:20] to thank you for the opportunity to [59:22] provide uh input regarding the city's [59:24] proposed accessory dwelling unit, the [59:26] ADU ordinance. I understand the [59:28] community's community develop [59:30] development director has indicated the [59:32] draft ordinance will follow the [59:33] requirements of state code. I also [59:35] understand the state code provides [59:37] cities with options and how those [59:39] requirements are implemented. and I [59:41] would like to provide feedback on those [59:43] choices before the ordinance is [59:44] finalized. [59:45] >> So, are you just going to read through [59:46] this whole thing? [59:47] >> Yeah, if you don't mind if [59:48] >> I mean, normally I would uh not allow [59:51] this, but I'm we've got us we've got [59:54] some time. [59:55] >> We want to hear. [59:56] >> Yeah. And I would prefer if you could [59:58] summarize. [59:59] >> Okay. [1:00:00] >> But, [1:00:00] >> um some of it is I'm not the best at [1:00:04] memorizing either. So, I get it. So, [1:00:06] I'll kind of I'll kind of go through. I want you to have your opportunity to [1:00:09] provide your comment and we want to hear [1:00:10] it. [1:00:11] >> Yeah. Yeah. So, I mean, [1:00:14] a lot of this is um to do with with our [1:00:19] particular um situation. We have an acre [1:00:22] lot similar to to her um and we've [1:00:27] raised our family in it. We want to [1:00:29] build um and I have an acre lot. So, the [1:00:34] land's expensive. I want to stay in [1:00:36] Centerville. I want the opportunity to [1:00:39] build on the back of my lot. And um [1:00:42] really that that's kind of what this is [1:00:45] about. I think when ADUs are talked [1:00:47] about, they are talked about in in the [1:00:51] sense of an ADU is behind the home, the front structure, [1:00:55] >> and that's the biggest thing for me. So, [1:00:58] um why don't you read I I mean number [1:01:01] two pretty much addresses that point. [1:01:03] I'd love to hear that. [1:01:05] >> I think I think number number two [1:01:08] and number four is going to be a touch. [1:01:13] >> Feel free to address those how you like. [1:01:14] >> Yeah. So, um really I don't want to I [1:01:17] don't want to be limited um to have an [1:01:20] ADU in my back. What I would like to do [1:01:24] because everyone is in a different [1:01:25] situation [1:01:27] is I don't think ADUs should be at the [1:01:30] sideyard or just in the backyard. I [1:01:32] would like to turn my front home into my [1:01:34] ADU and I want my back home or my the [1:01:38] back property to be my main home. I [1:01:42] think that um you know there's things [1:01:46] are getting to be more expensive over [1:01:48] time and I have four kids. I have two [1:01:50] parents that will need at some point. Um [1:01:54] I want him to be living closer to me so [1:01:56] I can take care of them and um [1:01:59] >> and he's an only child. [1:02:00] >> Yeah. So I don't really I can't kick [1:02:02] them down to brothers and sisters, [1:02:05] right? I'm not that's not my [1:02:06] opportunity. So, um, and I'm not going [1:02:08] to put them in in a in a home. So, they will be mine. And I'm that's what I [1:02:14] plan to. And so, I I'm really just [1:02:16] hoping that [1:02:18] uh planning commission can be [1:02:20] open-minded to all situations. And [1:02:22] whether you have a a big front lot or or [1:02:27] a side lot, I think that [1:02:30] um [1:02:33] I think that kind of and I'm just kind [1:02:36] of trying to summarize this the best I [1:02:37] can. Feel free you to read a part that [1:02:39] you'd like. Okay. Um [1:02:42] what else is this? Not do not limit ADUs [1:02:46] based solely on the rear yard placement, [1:02:48] requiring ADU an ADU to be located only [1:02:51] behind an existing home creates unequal [1:02:54] opportunities for property owners. Many [1:02:56] lots are not deep enough and accommodate [1:02:58] a rear yard ADU, while other properties [1:03:01] may have wider lots or homes that have [1:03:02] already been positioned uh farther from [1:03:05] the street. A property owner with a [1:03:07] shallow but wide lot or a home with a [1:03:09] different existing layout should not [1:03:11] lose the opportunity to create an ADU [1:03:13] simply because of where the current home [1:03:15] sits on the property. The primary [1:03:17] concern should be to ensure appropriate [1:03:19] setback safety compatibility with [1:03:22] surrounding properties not requiring [1:03:23] every UD every ADU to be placed in the [1:03:26] same location. An ADU can be [1:03:28] successfully located in the front side [1:03:29] or rear yard as long as the required [1:03:31] development standards are met. [1:03:33] >> Can I ask you what your address is? 84 [1:03:36] West Chase. [1:03:38] >> Very good. [1:03:40] >> All right. Excellent. [1:03:42] >> Yeah. [1:03:42] >> And then um number four, it kind of [1:03:44] talks and I just want to hit on this and [1:03:46] I I respectfully uh request the city [1:03:49] avoid over restrict restrictive limits [1:03:52] on ADU size. The maximum allowed ADUs [1:03:55] should size should not be smaller than [1:03:57] what many existing homes in the city [1:03:59] already provide. more balanced approach [1:04:01] would be to consider the size of the [1:04:03] property when determining the [1:04:04] appropriate ADU size. Smaller lots had [1:04:07] should have appropriate size or scaled [1:04:09] ADUs and larger lots should have the [1:04:12] ability to accommodate larger ADUs. [1:04:15] Um, and that's just kind of, you know, [1:04:18] that's kind of my thoughts. Awesome. And [1:04:20] there's a lot more. I I [1:04:22] >> So I didn't I haven't given this to the [1:04:25] city council, but I've given uh another [1:04:29] document to them. I had really good um [1:04:32] responses. I feel like there was a ton [1:04:34] of support when I came in. I believe I [1:04:36] came in in February. Talked about ADUs [1:04:39] because I knew they were coming and I [1:04:41] just feel like it uh it's the [1:04:43] appropriate time to bring this stuff up [1:04:44] now. there's no sense um you know draft [1:04:49] drafting things and then having to [1:04:51] revisit and draft something over and [1:04:53] over again. So I feel it's just [1:04:55] important this is the time to talk about [1:04:57] it so they can be addressed and we catch [1:04:59] things early on in the situation. So, [1:05:03] what I'm probably going to ask staff to [1:05:04] do later in this meeting is um we're [1:05:07] probably going to pull up your lot and [1:05:09] talk about it because here's what [1:05:11] happens and and and Miss Hendris, [1:05:14] you should also know this and I'd invite [1:05:16] you to have an opportunity. We're going [1:05:17] to be talking about your lot. If you [1:05:18] want to tell us anything about it now, [1:05:20] that'd be fine. But once we close the [1:05:22] public hearing, your commentary is not [1:05:24] going to be accepted anymore. [1:05:26] >> You just have to watch us bumble our way [1:05:27] through it. Is there anything you'd like [1:05:29] to tell us about the lot when we [1:05:30] consider it later perhaps in the [1:05:32] meeting? [1:05:34] >> Um, well, I think there's been talk [1:05:36] about um, you know, maybe a flag lot [1:05:39] would be better. I don't really want a [1:05:41] flag lot. Um, doesn't make sense. I [1:05:44] would like to uh, upsize my utilities [1:05:48] that I have that are already in and so I [1:05:50] don't have to cut into the road. I don't [1:05:52] have big impact fees. Um, [1:05:56] I would rather do what I can with um, [1:06:00] utilities that are that are already [1:06:02] there. [1:06:03] Um, and then I have a side I have a side [1:06:07] little it's a it's a gravel road that I access to the very back of my lot. [1:06:13] >> Um, so I I think those are probably the [1:06:18] >> the things that I would want you to [1:06:19] know. [1:06:19] >> Thank you. It borders the school and [1:06:21] then the other property has what two [1:06:23] acres where she has sheep and then [1:06:25] >> Okay. [1:06:26] >> Thank you so much you guys. Wonderful [1:06:28] comments. We appreciate that. [1:06:29] >> Thank you. [1:06:29] >> Miss Hendricks, if you wanted to come [1:06:31] back, we're probably going to talk about [1:06:32] your lot, too. If there's anything you'd [1:06:34] like to tell us for our consideration, [1:06:36] and remember, we're not approving your [1:06:37] guys' lots. I know you know this. I know [1:06:40] you know this. We're just using them as [1:06:41] potential exemplers as we consider [1:06:43] everything. All right. You pull this up. [1:06:48] >> Yeah. 740. Go down. Just [1:06:51] >> right there. [1:06:55] » Yeah. 740 and then 720 [1:06:58] where the 720 is. [1:07:01] >> Oh, right. On. Can [1:07:02] >> I have you in either or? [1:07:05] >> Yeah. [1:07:06] >> I just want to be [1:07:08] >> Thank you. [1:07:11] >> How cool. Okay. So, yes, we have our [1:07:16] dear neighbors. We love them and we're [1:07:19] so grateful to have great neighbors cuz [1:07:22] we there's no way to really fence this [1:07:25] off from each other. Okay, so our [1:07:27] driveway comes right in here. Um, our [1:07:31] home, this is the garage and then this [1:07:36] is our home and there's a parking pad [1:07:38] over here. [1:07:40] So why? And you know, it seems like, oh, [1:07:44] we've got quite a bit of space back [1:07:47] there, but like I said, we would have to [1:07:50] take utilities up through our um [1:07:55] driveway all the way through in front of [1:07:58] our neighbor's home into this back, [1:08:01] which is almost 400 ft. It goes 400 ft. [1:08:05] It would have to be there where the [1:08:07] garden is. And that would be we don't [1:08:12] really want to irritate our neighbor. We [1:08:15] don't want to make his their lives [1:08:17] worse. And [1:08:20] you can maybe see that. Anyway, here [1:08:24] from the sidewalk to our garage is over [1:08:28] 70 ft. Like 78 ft, 75 ft, something like [1:08:32] that. [1:08:34] Can you figure that out? Oh, 87 feet [1:08:37] from the sidewalk. We were being [1:08:39] generous. And then from the driveway [1:08:44] over to our property line is like 90 ft, [1:08:50] 80 ft. I don't know what you [1:08:55] » with [1:08:56] >> 74 [1:08:57] >> 74T. So that is plenty of space. We [1:09:02] could we could pull back 30 feet from [1:09:05] the road. 30 feet from the road. Use the [1:09:09] shared driveway. Um so that they would [1:09:12] be going in this way [1:09:14] >> to park [1:09:16] >> and we could have a nice little [1:09:17] entrance. um as you consider the um [1:09:24] unconventional [1:09:27] D- Aud whatever it is anyway as you [1:09:30] consider that um I think for Centerville [1:09:34] we want to think about how it looks [1:09:38] you know we've all seen things that have [1:09:41] been built that have been like how did [1:09:44] this ever happen it's such an eyesore I [1:09:48] bet you all know who I'm talking about [1:09:50] and it's like how did that happen? But I [1:09:53] don't know if you guys can [1:09:56] who does that but when we put forth our [1:10:01] um plans, you know, we should be able to [1:10:05] say is does this fit the [1:10:09] >> community? Okay. [1:10:10] >> Thank you, sir. [1:10:11] >> Anyway, thank you. [1:10:13] >> All right. Um great public hearing. um [1:10:16] when we close down the public hearing [1:10:18] that then at that point you guys are [1:10:19] observers and no longer have commentary [1:10:22] from the audience. Um I just want to be [1:10:24] clear. Anything else you guys want to [1:10:26] say before I close? [1:10:28] Okay. So I'm going to close the public [1:10:30] hearing and bring it back to the [1:10:31] commission. Um fascinating. [1:10:34] >> Yeah. [1:10:34] >> I had I mean this is a good example of [1:10:37] where it's just um you have just sort of [1:10:40] an inherent [1:10:42] uh it's not inherent. Is it implicit or [1:10:44] inherent bias? [1:10:46] Can't remember. I always get those [1:10:47] confused. Implicit bias. Inherent bias [1:10:50] that you don't even think about adus in [1:10:53] the front yard. [1:10:54] >> Yeah. Right. [1:10:55] >> Fascinating. [1:10:56] >> Well, we did speak of them last time. [1:10:59] >> I didn't even like [1:11:00] >> but not in a configuration. [1:11:01] >> Not in like I didn't even think of [1:11:03] something like this because and and this [1:11:06] is a question I have for staff. That [1:11:07] would be considered Miss Hendrick's [1:11:09] front yard. Correct. [1:11:11] and and that's an accessory building and [1:11:13] it's basically [1:11:15] >> if it's being used as an accessory [1:11:17] building there would have to be probably [1:11:19] some kind of legal non-conformance [1:11:22] established for it its existence [1:11:24] >> is that per state code or what is that [1:11:26] >> it's even city code because technically [1:11:28] it's not even complying as it currently [1:11:30] stands [1:11:30] >> you're talking about the garage [1:11:33] >> well my understanding is not using the [1:11:35] garage as a conversion I had understood [1:11:36] her to say that she [1:11:38] >> well I'm just saying even with a [1:11:39] conversion which they're they're [1:11:41] entitled to state code. [1:11:43] >> If they could prove the legal [1:11:44] non-conformity, then they could actually [1:11:46] convert that existing structure to a [1:11:47] DADU. [1:11:48] >> Got it. [1:11:49] >> Because state code requires us to allow [1:11:50] for those kind of situations. [1:11:52] >> My question though is if you build a DA [1:11:54] in the back, who's to say that my myself [1:11:57] as the primary residence, I don't move [1:11:59] to the back unit, [1:12:00] >> right? [1:12:01] >> And then put tenants in the front. [1:12:02] >> Dakota actually lets you you do that. [1:12:04] >> Which one is smaller? Accessory tends to [1:12:06] be something that [1:12:07] >> okay so the back counts the DU has to be [1:12:10] smaller than the main primary [1:12:11] >> well it doesn't it's whatever you [1:12:13] regulate whatever you decide as as a [1:12:15] city right city as a planning commission [1:12:17] and city council right but uh currently [1:12:21] one of the issues um and and I have [1:12:23] talked to the writings on the phone as [1:12:24] well and talked about this is the [1:12:26] definition of accessory building as it [1:12:28] currently is established is rear yard [1:12:31] structures [1:12:33] >> they can't be placed in the sideyard or [1:12:34] the front yard in current code. So you'd [1:12:37] almost have to create a explicit carve [1:12:39] out of DAD accessory structure that's [1:12:42] unique from accessory structure and then [1:12:44] define it differently if you wanted to [1:12:47] allow them to be used in the sideyard or [1:12:49] the front yard [1:12:50] >> and then that opens up a huge can of [1:12:51] words. It just become the question [1:12:53] becomes yeah what what would be the [1:12:56] perspective of that where is that [1:12:58] applied how would that be utilized do we [1:13:00] now have to create new regulations so I [1:13:02] mean any at that if we go there that's [1:13:04] what that discussion looks like is what [1:13:07] does the regulation for that look like [1:13:08] then because now you're not you're not [1:13:10] attaching it to that definition of [1:13:12] accessory structure creating a brand new [1:13:15] carve out um one of the other [1:13:17] alternatives and I'm going to kind of [1:13:20] clarify a statement that was made about coming from from me. I had a [1:13:24] conversation with the city manager about [1:13:26] this and we have some timing deadline [1:13:29] and his commentary was with the timing [1:13:31] deadline that we need to get a code to [1:13:35] the council and in place by October 1st [1:13:37] and if we get too caught up in creating [1:13:41] all these external special circumstances [1:13:43] or new regulations that slows that down [1:13:44] to where we probably will not hit our [1:13:46] compliance timeline. And so the comment [1:13:48] in here about the community development [1:13:50] [clears throat] director indicate draft [1:13:51] ordinance will follow the requirements [1:13:52] of state code. That's from the city [1:13:54] manager trying to protect the city's [1:13:56] interest in getting an ordinance in [1:13:58] place by October 1st [1:13:59] >> for the state. [1:14:00] >> Yeah. For the state. His comment was [1:14:01] then we could still go back and look at [1:14:04] the regulations and further tweak the ordinance thereafter if there's some [1:14:09] substance to what we heard tonight. Mhm. [1:14:12] >> We have that opportunity, but we need to [1:14:14] get something in place at least by [1:14:16] October 1st that we can then re-evaluate [1:14:17] thereafter. Um, even to the point where, [1:14:20] as evidenced by the Riley's, there's [1:14:22] some discussion with the city manager [1:14:25] and even talking to legal about do we [1:14:28] even dare talk about flag lots or infill [1:14:30] lots? Is that something we want to even [1:14:31] think about as the housing nature of the [1:14:33] city evolves and we have property that's [1:14:36] kind of, as you can see, internally [1:14:39] landlock and hard to develop. When did [1:14:41] we like say when did we ban flag lots? I [1:14:44] know that we did allow them [1:14:46] >> and then we didn't allow them. [1:14:47] >> Then we did then we didn't. [1:14:49] >> Yeah. Do we know when the last [1:14:50] >> Lisa probably is the one with the [1:14:51] institutional memory that [1:14:54] >> 2000? [1:14:56] >> Um it would be in the [1:14:59] legislative history I think. [1:15:01] >> Can you define [1:15:02] >> I don't spot Lisa. I just don't [1:15:04] obviously know [1:15:05] >> Amanda [1:15:06] >> right off the bat. So maybe we'd have to [1:15:07] do some research. [1:15:08] >> I don't know. I'd have to I can look [1:15:10] while you chat, but it's been a while. [1:15:12] >> So, so I mean those are some of the [1:15:14] layered implications of the commentary [1:15:16] that you you received during the public [1:15:18] hearing. [1:15:18] >> Laorray had a question if you don't [1:15:19] mind. Oh, yeah. Define a flag lot. [1:15:21] >> Flag lot would be going to have you have [1:15:23] a stem, right? This like [1:15:26] >> it's a flag lot. [1:15:27] >> That's there's one right there. You have [1:15:28] a stem that's legally existing and [1:15:31] typically has to be wide enough to [1:15:32] accommodate some kind of fire vehicle or [1:15:35] emergency vehicle if it needs to get [1:15:37] back there. And then you have it still [1:15:39] be wide enough and big enough to be [1:15:40] developed for a housing structure. [1:15:42] Right. That's a flag lot. [1:15:44] >> Thank you. [1:15:44] >> And and some in other states I've worked [1:15:47] in the stem can be as narrow as 13 ft. I [1:15:49] think that's the the minimum size that [1:15:51] allows emergency vehicles to still get [1:15:53] back there. [1:15:53] >> We see a lot of these on Main Street. [1:15:55] >> Yeah. And that's that's what's [1:15:57] interesting, right? when you think about [1:15:58] the history of what we're talking about [1:16:00] and I don't want to step in this cuz [1:16:01] this is definitely a different [1:16:02] discussion but [1:16:04] >> but there's been right allowance but you [1:16:06] were saying though allowance not [1:16:08] allowance [1:16:08] >> maybe we get this through so we hit the [1:16:11] deadline and then we can go back and [1:16:12] discuss [1:16:13] >> that was just a conversation that the city manager suggested could be a [1:16:16] way to look at it or again you go back [1:16:19] in and modify it after October 1st even [1:16:21] if you got something to approve October [1:16:22] 1st we meet the state deadline [1:16:24] >> we can still haveations [1:16:27] and further now modify and refine it to [1:16:29] get it right again for situations like [1:16:32] this if that's the the desire of [1:16:35] >> plan commission and council to have [1:16:36] those conversations. [1:16:38] >> Thank you. [1:16:39] >> I mean I wish the time frame wasn't as [1:16:40] tight as it is and I know otheries have [1:16:42] been asking for these kind of [1:16:44] conversations since February. So [1:16:47] >> yeah, [1:16:50] » Mason, I think one and I I think the the code from the state [1:16:58] envisions [1:17:00] subdivisions in the typical they really [1:17:04] don't look at older communities that [1:17:06] have different types of lots and and [1:17:10] configurations. I mean, [1:17:13] I'll take my subdivision. You know, this [1:17:15] works really well in my subdivision, [1:17:18] >> but it does not work well on Chase Lane [1:17:22] where there are a lot bigger lots and on [1:17:24] Main Street, uh, [1:17:28] which which those lots have been there [1:17:30] forever. So, [1:17:31] >> um, [1:17:33] >> and they're definitely big enough to [1:17:34] accommodate. They are, [1:17:36] >> you know, they've got the space for [1:17:37] sure. But I think the code that the what [1:17:40] the Utah code is envisioning more [1:17:46] I don't want to say a cookie cutter type [1:17:47] subdivision in some ways in in the way [1:17:50] it's been written and in some ways what [1:17:52] the way we've addressed it [1:17:55] but it's good to hear that there are all [1:17:58] there there there are other issues out [1:18:00] there that we haven't even thought [1:18:02] about. [1:18:03] >> Yeah. [1:18:05] I just see as a real estate broker, I've [1:18:06] seen home prices get higher and higher [1:18:09] and like literally starter homes are [1:18:11] gone sadly. [1:18:12] >> Yeah. [1:18:13] >> And people are having to resorting to [1:18:15] renting indefinitely. And it's I I'm a [1:18:18] firm believer on the American dream and [1:18:21] I started at 21 with my first property [1:18:23] and it literally changed my entire life [1:18:25] just having that opportunity. It wasn't [1:18:27] a big place. was like 800 square feet, [1:18:30] you know, but from that spot, I was able [1:18:33] to build equity and just go from there. [1:18:36] So, [1:18:36] >> which is good. But you also realize that [1:18:38] these can't be sold, right? [1:18:40] >> Oh, 100%. Yeah. We're not doing what [1:18:41] Farmington. Yeah. I'm just saying just [1:18:43] getting a start, you know? [1:18:51] » What do we want to do? [1:18:52] >> Yeah. Great questions. [1:18:54] >> Great questions all around. I I think we [1:18:56] should explore a little bit more um in [1:18:58] case people have sort of differences of [1:19:00] opinion about any particular things. [1:19:02] From what I'm hearing, um we've got at [1:19:05] least two of those uh to discuss and [1:19:07] we're in the midst of talking about um [1:19:10] what do we do about odd lots and as a [1:19:14] correlary, do we do we do that now or do [1:19:17] we do it later? Um the other one is [1:19:19] windows. Um, we've sort of circled [1:19:22] around that and I've I've heard [1:19:23] different opinions. So, let's start with [1:19:26] that. What What Anybody have a really [1:19:28] strong opinion about windows that would [1:19:31] be facing the closest [1:19:35] uh boundary from the ADU? [1:19:40] Would we leave it to like the discretion [1:19:41] of the person that's taking occupancy as [1:19:45] far as window treatments or things of [1:19:46] that nature or is that [1:19:49] >> No, we're talking about like whether the [1:19:51] windows it couldn't be the discretion of [1:19:53] the renter. It couldn't be them and have [1:19:55] >> are we do who would like Let me just do [1:19:59] it this way. No, no, no. You're great. [1:20:01] Uh who would who does not like the [1:20:03] restriction that uh we had been [1:20:05] discussing which is um that it be [1:20:07] frosted of some sort or inoperable? [1:20:09] >> Well, we'll do an operable next. [1:20:11] >> Yeah, that's what I was going to say. [1:20:12] >> Does anybody not like the translucent [1:20:14] requirement? [1:20:16] >> I think it's fine. [1:20:17] >> I think that's good. [1:20:19] >> I mean, yeah, I have that was in all my [1:20:20] platforms. [1:20:21] >> Okay, so translucent is not really a a [1:20:24] point of code. Yeah. [1:20:26] >> Operability. [1:20:27] Where are we at? Um, I think people [1:20:30] should have windows that should open. [1:20:32] That doesn't mean all of them, but you [1:20:34] need fresh air. You You need that [1:20:36] circulation. [1:20:37] >> Well, and if it's an egress for a fire [1:20:40] egress, then that definitely would have [1:20:42] a safety that that's another that's fire [1:20:44] code, right? [1:20:44] >> That's that's my bigger concern with [1:20:46] inoperability is is the egress side of [1:20:48] it. But in addition, yeah, I I guess I [1:20:51] don't see the purpose in having them be [1:20:53] inoperable, particularly if we have the [1:20:55] correct spacing. Mhm. It sounds like 8 [1:20:58] feet is the minimum spacing. [1:21:00] >> I think that last time, did you watch [1:21:01] our meeting? [1:21:02] >> Uh, I didn't. I just read the minutes. [1:21:04] >> Okay. So, I think it was part of the [1:21:06] discussion was if you get renters back [1:21:08] there, you don't know. Like, for [1:21:09] example, I mean, I have six kids. If I [1:21:11] were to get some of some of my kids back [1:21:14] there, I don't want to hear what's [1:21:16] coming out of their window, right? Like, [1:21:18] I don't want to hear that music. The [1:21:19] neighbors don't want to hear it. And you [1:21:21] can't control that. I mean, the city has [1:21:23] limits on, you know, 10 p.m. or [1:21:25] whatever, but other than that, you can't [1:21:28] do anything about it. So, it was just [1:21:29] kind of about that and noise and [1:21:30] different things. Am I [1:21:33] >> Yeah, my primary [1:21:35] >> I don't know if I can't remember if I [1:21:37] was the primary uh engine on this, but [1:21:41] >> I was trying to address the um [1:21:44] discomfort that I feel could occur when [1:21:49] you're putting in additional housing so [1:21:51] close to potentially somebody else's [1:21:54] housing and then just staring at each [1:21:56] other. And that if we don't, [1:21:58] >> right, [1:21:59] >> if that's not a big deal, then it's not [1:22:00] a big deal. But I I find personally some [1:22:02] discomfort in that regard [1:22:04] >> and the inoperability was my attempt to [1:22:06] address that. However, there may be [1:22:07] other ways to skin this cat. And it [1:22:09] could also be that operability [1:22:11] um this isn't as big a deal as I may [1:22:14] feel. So because I'm hearing a fair [1:22:18] amount of you that are pretty much it's [1:22:21] okay and that's fine, right? [1:22:24] >> Well, I think it's good, but I think it [1:22:25] also needs protection, too, right? like [1:22:27] we bought our home and we have a fence [1:22:29] and we have our neighbors, but we're [1:22:30] closer than I'd like, [1:22:32] >> you know, in the back lot, but it is [1:22:33] what it is. And then if they were to add [1:22:35] something, that's a whole new level of [1:22:38] noise, sound, whatever. [1:22:41] >> Right. [1:22:42] >> So, I I don't know how to um come to a [1:22:46] middle ground [1:22:48] with this. [1:22:49] >> Well, the height that I had suggested [1:22:51] earlier might be, but that's going to [1:22:52] include some reddraft, and we we're on a [1:22:56] uh time clock. [1:22:58] I would say that um one way to fix it is [1:23:01] allow operable windows at a minimum uh [1:23:05] at least with a minimum height. Um but I [1:23:09] also wouldn't want to take us out of the [1:23:13] um [1:23:14] allowances that fire code would require [1:23:17] for a fire exit, [1:23:19] >> right? [1:23:20] >> Because bathroom windows, those little [1:23:22] bathroom windows ain't going to qualify, [1:23:25] >> right? And they're also mostly not [1:23:26] operable. [1:23:28] >> I was thinking something more along the [1:23:29] lines of uh you know like four or five [1:23:32] feet up potentially, but I don't I don't [1:23:35] know if that's going to qualify. [1:23:39] for [1:23:40] fire egress. [1:23:42] I don't know. [1:23:43] >> I mean, can we require some sort of like [1:23:46] screening that can only be seen like you [1:23:48] can't see through the screening [1:23:50] >> the translucent glass? [1:23:51] would be fine. [1:23:52] It's just [1:23:53] >> No, I'm talking the screening. So, you [1:23:55] can open the window, but then you have a [1:23:56] screen that can't be seen through [1:23:57] either. [1:23:59] >> Users want more noise. [1:24:00] >> A ridiculous suggestion. I don't [1:24:02] >> That's a No, then that's a fair fair [1:24:04] point. It funny enough, I actually more [1:24:08] I'm I'm discomforted by starting to [1:24:10] micromanage in that regard. [1:24:11] >> Yeah, I agreed completely. [1:24:13] >> But [1:24:16] >> I'd like a simple rule, but at the same [1:24:19] time, it may not be [1:24:21] >> ruable at this juncture. [1:24:24] Mike or Lisa, do you guys have any [1:24:27] thoughts or input, you know, regarding [1:24:29] legalities and city codes? [1:24:32] >> Just your honest thoughts really. [1:24:36] >> Well, I do agree with the building [1:24:37] official. You know, if you're putting [1:24:39] similar setbacks to [1:24:42] primary dwellings, why are we regulating [1:24:45] that? I think air flow and light is [1:24:48] important to the quality of life. I [1:24:51] think a lot of these structures can have [1:24:53] lights, you know, like a little higher, [1:24:56] those little lights that you just put [1:24:57] up. People aren't actually looking out [1:24:59] of them. So, I think it's problematic to [1:25:01] regulate windows, but that's my [1:25:05] >> personal opinion, not a legal opinion, I [1:25:07] should say. I don't know why I said [1:25:09] that, but [1:25:09] >> that that strikes a chord with me [1:25:11] actually. And and now I'm going to, like [1:25:13] any good attorney, argue the other side [1:25:15] um against myself. [laughter] [1:25:17] Um, [1:25:20] if Bountiful only has 27 that were [1:25:22] injected over the last two decades, are [1:25:25] we really all that afraid that we're [1:25:26] going to get a flood of these? Probably [1:25:28] not. [1:25:28] >> Well, however, there wasn't so much of a [1:25:30] need 20 years ago, right? There's more [1:25:33] of a need now, [1:25:34] >> but it's also more difficult. [1:25:35] >> It's It's still so prohibitive. [1:25:38] >> You still have to figure though the cost [1:25:39] of building one of these. They're not [1:25:40] cheap. I looked into it. It's like [1:25:42] $120,000 for 850 ft. That's a lot. 850 [1:25:46] square feet, you're maybe gonna get [1:25:48] $1,100. [1:25:49] >> Yeah. [1:25:49] >> It's gonna take you a minute to pay that [1:25:51] off. [1:25:52] >> What was your comment? [1:25:53] >> No, I was gonna say, and if you look at [1:25:56] the even the state ordinance, I mean, it [1:25:59] it's it's pretty prohibitive. [1:26:02] I mean, this is pretty tight on how you [1:26:04] can build it and what you can build, uh, [1:26:07] and how many people are really going to [1:26:09] jump on that to do it. I, you know, may [1:26:13] surprise us. I I don't know, but I I'm [1:26:18] in some ways I'm not too concerned. [1:26:21] As far as attached dwelling units, how [1:26:25] many do you know how many we have in the [1:26:26] city? [1:26:28] >> We have 24. I think we have 24 [1:26:32] >> 24 [1:26:33] >> attached. [1:26:34] >> Yeah. [1:26:34] >> Dwelling units, which is basement. [1:26:36] Basically basement. [1:26:38] >> Pretty much all of them are basement. [1:26:41] 24 that you know of [1:26:42] >> that we were already they did [laughter] [1:26:44] they did what they're supposed to and [1:26:45] already [1:26:48] >> um can you remind me Mr. in the code. [1:26:50] Did we draft it uh to include a [1:26:53] provision that the windows be [1:26:54] inoperable? [1:26:55] >> Yeah, it's right there in front of you. [1:26:56] >> Yeah. Oh, sorry. I've got my [1:26:58] >> It's fine. It's fine. But but we could [1:27:00] if we were to amend it, we could say [1:27:02] shall be translucent or shall be [1:27:03] installed skylights. It would be a [1:27:05] simple amendment. [1:27:06] >> Yeah. [1:27:08] >> I just I really have a hard time [1:27:10] internally [1:27:11] >> Yeah. [1:27:12] >> telling someone they can't have operable [1:27:14] windows [1:27:16] for a living quarter. And I understand [1:27:18] all [clears throat] of our reasons and [1:27:19] we talked about it till we're like blew [1:27:21] in the face last night. [1:27:23] >> Yeah. [1:27:24] >> I just feel that's like super [1:27:25] restrictive. [1:27:26] >> Let's move on. And I think we've we've [1:27:28] circled this one enough if that's okay. [1:27:30] >> Yeah. [1:27:30] >> Um [1:27:33] » what? Oh, sorry. [1:27:35] >> Are there any other topics that we would [1:27:37] like to talk through before we open it [1:27:39] up for a motion? [1:27:41] >> I do want to hit still. Whoops. I try to [1:27:43] move and I can't. I do still want to [1:27:46] talk about occupancy limit. I I need to [1:27:49] know are we just going to keep it as two [1:27:51] adults and any number of children? Are [1:27:53] we going to do per city definition of [1:27:56] family? I mean I that could be easy. Are [1:27:59] we going to do per state code whatever [1:28:01] that I reference? What what what should [1:28:03] I put in that cell? [1:28:05] >> So I wrote notes of single family [1:28:08] designation to talk about that. Can we [1:28:11] >> can you pull that up or can you tell us [1:28:13] exactly what that is? how that is [1:28:15] worded. [1:28:16] >> It was in that email podcast. [1:28:18] >> This one from a legal standpoint, it is [1:28:20] a lot easier if you just stick with our [1:28:22] definition of family. [1:28:23] >> That's why related and unrelated. Yes, I [1:28:26] think it gets very tricky when you start [1:28:28] trying to define [1:28:30] >> number of people, [1:28:32] >> but I do get, you know, it's a smaller [1:28:34] home, but many homes use [1:28:37] to do that. [1:28:39] >> And so, do we match? I'm trying to [1:28:42] remember now. Do we match state [1:28:44] >> the state again? [1:28:46] >> Is that what you sent me [1:28:47] >> there? Well, C does, right? C matches [1:28:49] what I sent you, [1:28:51] >> but there has been and I don't know if [1:28:52] it's still in force the same definition. [1:28:55] I I I think we can still rely on our [1:28:57] city code cuz this this was required of [1:29:00] all cities to match this definition. I [1:29:02] don't know, it was like six or eight [1:29:04] years ago, maybe even 10 years ago. [1:29:06] >> So that that definition is very [1:29:09] evergreen from city to city for a [1:29:10] definition of family. [1:29:12] But for whatever reason, I couldn't find [1:29:14] it in state code where I did the [1:29:15] research. But I found that one I [1:29:16] provided, which again matches term C. [1:29:18] >> Well, I'm comfortable with that and I [1:29:20] like what the city already has. [1:29:22] >> I don't think that we should try and [1:29:24] micromanage that more. [1:29:25] >> Okay. So, I just put per definition of [1:29:27] family in 12.12.040. [1:29:30] >> Okay. [1:29:30] >> My opinion is yes. I [1:29:33] >> consensus. [1:29:34] >> Yeah. [1:29:35] >> We've already defined it. [1:29:36] >> I think that works well. [1:29:39] >> Makes Lisa happy. [1:29:40] >> Yeah. said it did. [1:29:42] >> That's all we want. [1:29:43] >> That's all we ever want. [1:29:45] >> Okay. And then I have a few things that [1:29:47] I can probably refine with you, Lisa. [1:29:49] Just um some terminology things relative [1:29:52] to again those those continual [1:29:53] inclusions. I guess I could just modify [1:29:55] them where it's referencing state code [1:29:57] 10- [1:29:59] 20-303 or 10-20- 10-21-303. [1:30:04] Just take those out, but then try to [1:30:05] word smith it in so it still works. Is [1:30:07] that okay with you? Mhm. [1:30:08] >> Is that okay with the council or the [1:30:10] planning commission if I did that? [1:30:11] >> We'll see. [laughter] [1:30:14] >> I think we do need I need to do some [1:30:16] research on um Yeah. Are you talking [1:30:18] about the lean provision? [1:30:19] >> Yeah. [1:30:20] >> Okay. [1:30:20] >> That is exactly what I'm talking about. [1:30:22] >> Okay. [1:30:23] >> And then my final one is right there [1:30:26] where it's at. Um existing building and [1:30:28] detach ADU conversion. And I left it in [1:30:30] pink because I believe that was the will [1:30:32] of the the planning commission to excise [1:30:35] all that stuff except for that brief [1:30:37] statement just saying, "Hey, if if we [1:30:39] need to verify an existing building as a [1:30:42] non-conforming structure, we have that opportunity after or if it was [1:30:47] permitted prior to October 1st, 2026." [1:30:49] >> Yes, [1:30:50] >> that's what I remember the discussion [1:30:51] being. [1:30:51] >> That's right. [1:30:51] >> Then taking out guest house and all that [1:30:53] craziness after. Right. [1:30:54] >> That is correct. Yeah. [1:30:55] >> Okay. [1:30:56] >> That's all I have then as clarification. [1:30:58] I need administratively. [1:30:59] >> While while we're on this page though, [1:31:01] um should it be 1258090? [1:31:04] >> Yes, that's a typo in there. Okay. [1:31:07] >> Yes. [1:31:09] >> Stupid little things. [1:31:11] >> That's why you're an engineer. [1:31:17] » Okay, perfect. That gives me what I [1:31:20] need. [1:31:23] » I feel like I I just want to speak up a [1:31:26] little bit. um about the configuration [1:31:30] of lots. After just talking with [1:31:35] residents who've asked me, giving me [1:31:37] phone calls and sent emails, [1:31:40] I want to just put this out here that I [1:31:44] think conditional use permits, I don't [1:31:47] know whether or not they um would be the [1:31:50] proper tool to regulate. I don't know [1:31:54] what health, safety, and welfare [1:31:55] standards we could regulate with [1:31:57] conditional use permits. Um, but Miss [1:32:02] Hendris and I have talked and one of the [1:32:06] reasons why she brought up conditional [1:32:08] use permits is because I said the [1:32:12] possibility of um like where the ADU [1:32:18] would be placed. That should be [1:32:21] something that [1:32:23] um she could bring up. So, I wanted to [1:32:28] clarify for Miss Hendrickx as well as [1:32:30] the planning commission that [1:32:33] um during our discussion if it came out [1:32:37] that I said that it would be permitted [1:32:39] as a conditional use permit. Okay. Okay. [1:32:42] Just wanted to make sure and put that on [1:32:43] the record. With that being said though, [1:32:46] my feelings as a planner still go with I [1:32:52] think that [1:32:54] it would be a great tool for the [1:32:58] planning commission as well as residents [1:33:00] and the planning staff to have if we [1:33:02] could look in the future at tying a [1:33:06] conditional use permit to the placement [1:33:08] of um ADUs in rear or inside yards and [1:33:14] or front yards just based on how old the [1:33:18] lots are in Centerville. I think that um [1:33:22] Paul, you hit on it really well that the [1:33:25] state is generalizing for subdivision [1:33:28] lots. There are a lot of lots here in [1:33:31] Centerville that are not part of a [1:33:33] subdivision. [1:33:35] Um so I I just wanted to throw that out [1:33:38] there. Whether or not that sticks, [1:33:41] that's okay. But I the reason why we are [1:33:45] allowing for a detach accessory dwelling [1:33:48] units is to allow for residents and home [1:33:52] own homeowners to have um that [1:33:54] additional income and I think that we [1:33:57] are cutting a big a big portion of the [1:33:59] population out for that but [1:34:02] >> okay thanks for that input. Yeah. [1:34:03] >> Um, as I understand it, and Lisa, this [1:34:06] is a question for you, conditional use [1:34:07] would not be an allowed tool for that [1:34:10] because it'd be more of a variance than [1:34:12] a conditional use. Is that is that fair [1:34:14] to say? [1:34:14] >> Yes. [1:34:15] >> Because what you're doing is you're [1:34:16] conditionally using the conditional use [1:34:19] code [1:34:19] >> to uh violate the code [1:34:22] >> is what it would essentially be doing. [1:34:24] And in that way, you'd need a variance. [1:34:26] >> But I don't like variances either. [1:34:28] >> I hear what you're saying. Okay. No, [1:34:29] that makes sense. So, the reason I [1:34:33] mentioned that and Lisa, I'm curious if [1:34:35] you have a difference of opinion on [1:34:36] that. [1:34:37] >> No. Well, I think that conditional use [1:34:39] permits are problematic and they're I [1:34:41] prefer other tools either regulate [1:34:44] specifically or [1:34:45] >> not at all. [1:34:46] >> Yeah. Or a variance or allow for flag [1:34:49] lots. You know, there's a lot of other [1:34:52] tools that address [1:34:54] >> those situations. [1:34:55] >> That's exactly why I asked that. So, um, [1:34:57] pulling it back to the commission with [1:34:59] all of that said, I'll lay out sort of [1:35:02] just my position and then let's just go [1:35:05] from there. Um, I love the idea of uh [1:35:09] expanding our definitions and [1:35:11] regulations to allow for oddballs like [1:35:14] we've seen today. [1:35:15] >> And at least in in both of those, I [1:35:17] could definitely see the utility in [1:35:20] allowing an ADU in the positions as [1:35:22] proposed. Um [1:35:25] I do share um Mr. Egget's reservations [1:35:29] about creating a subcategory of an [1:35:32] accessory building given that accessory [1:35:35] building is already defined to exist [1:35:37] only in the rear yard. However, I wonder [1:35:42] if we couldn't create a carveout in the [1:35:45] DAT ordinance that something something [1:35:48] along the lines of notwithstanding [1:35:50] definitions to the contrary, daddos may [1:35:53] be allowed in front and side yards, [1:35:57] something like that. So, we don't create [1:35:59] a new category. We just simply say that [1:36:01] even though the definition [1:36:03] >> has limited it to this, we are expanding [1:36:07] that to say that notwithstanding [1:36:11] definitionally [1:36:13] datos may be allowed in front and [1:36:15] sideyards [1:36:16] >> and then you'd have to create a list of [1:36:17] regulations that regulate that. [1:36:19] >> True. But you I would just say that [1:36:21] you're going to regulate it sort of in [1:36:22] the same way except for I mean never [1:36:25] mind I'm I'm talk you're you're stream [1:36:28] seeing my stream of consciousness. [1:36:29] You're right. There's a problem in front [1:36:30] yards [1:36:32] >> with all of the setbacks and everything [1:36:33] else [1:36:33] >> because some front yards may not [1:36:35] accommodate it. [1:36:36] >> Correct. For sure. [1:36:39] >> And not only that, but the law of [1:36:41] unintended consequences, [1:36:42] >> which then you have to create like lot [1:36:44] certain lot distinctions, which maybe [1:36:46] both their lots would meet that lot [1:36:48] distinction, but this is what I talked [1:36:49] about earlier. You have to figure out [1:36:50] what that is. [1:36:51] >> Yeah. [1:36:51] >> So, there's certain criteria that match [1:36:53] to then allow for those allowances. [1:36:56] >> Sid, will you pull up our variance [1:36:57] ordinance? [1:36:58] >> Please. Thank you. [1:37:01] My concern is that if this were to come [1:37:03] forward on a variance stat uh standard, [1:37:06] I think that it would be rejected both [1:37:08] of these potential [1:37:10] >> ADUs that we've talked about. Now, [1:37:11] obviously, we're making no adjudication [1:37:13] or anything on these particular homes. [1:37:15] I'm using this as an example only. [1:37:17] >> Why would it be rejected? [1:37:18] >> Cuz it doesn't fit. [1:37:19] >> Well, so my understanding of our [1:37:22] standards of variance, where's our [1:37:23] standards [1:37:25] of review, aren't there? I mean they [1:37:27] could yeah they could put it elsewhere. [1:37:31] >> Yeah. So the literal enforcement of the [1:37:33] provision would cause an unreasonable [1:37:35] hardship that is not necessary to kill [1:37:37] out the general purpose. There are [1:37:39] special circumstances attached to the [1:37:40] property that generally not I could see [1:37:42] that passing. Granting a variance is [1:37:44] essential to the enjoyment of [1:37:45] substantial property right enjoyed by [1:37:47] others. [1:37:48] >> Maybe the variance will not [1:37:50] substantially substantially affect the [1:37:52] general plan. Fine. The spirit of the [1:37:53] title reserve. So, here's here's the [1:37:56] analysis as I see it. If you're putting [1:37:58] something in the front yard and because [1:38:01] it's too expensive to put it in the [1:38:02] backyard, you're not going to pass this [1:38:04] standard. It's not the little [1:38:06] enforcement would cause an unreasonable [1:38:08] hardship. Cost in the case laws, and I'm [1:38:12] not giving legal opinions. I'm just [1:38:14] saying it from my position. [1:38:15] >> Well, yeah. Look at clause two. It says [1:38:17] what you just said. [1:38:18] >> Cost is cost is not a sufficient [1:38:20] hardship. [1:38:21] >> Clause two says that. Mhm. [1:38:23] >> So, um if you have alternatives, then [1:38:26] you're supposed to take those [1:38:27] alternatives before you get a variance. [1:38:29] >> Yeah. [1:38:31] >> Right. [1:38:32] >> And think of it this way. If it can't [1:38:35] fit in your backyard, but it can fit in [1:38:37] your front yard, then the ordinance has [1:38:39] written has already written you out. So, [1:38:41] you can't invoke I think [1:38:44] uh essential to the enjoyment that is [1:38:47] possessed by other property. Just [1:38:49] because other properties get ADUs in [1:38:50] their backyard doesn't mean you get one [1:38:51] in your front yard. [1:38:54] >> At least strictly according to that. [1:38:57] >> Yeah. That's why I don't know if [1:38:58] variance is the right tool. [1:39:00] >> It is not. [1:39:01] >> Yeah. [1:39:01] >> The variance is not in Jackson. I'm [1:39:03] going to go back to that. No, it would [1:39:05] completely defeat the purpose of, you [1:39:07] know, state law mandating that we allow [1:39:10] DADUs and it would Yeah, I I think the [1:39:12] city would regulate more strictly in [1:39:16] >> So, Lisa, [1:39:18] is there do you think and shoot from the [1:39:20] hip, right? We're just shooting from the [1:39:22] hip. Is there a tool that we could use [1:39:25] potentially to address these oddball [1:39:27] situations? [1:39:28] >> Yes, but we don't have time right now. [1:39:30] staff can certain Oh, well the tool on [1:39:33] one of them [1:39:34] >> well yeah I don't know I don't know [1:39:37] >> without commenting specifically on these [1:39:39] two [1:39:40] >> I mean I think Centerville has a lot of [1:39:42] very long lots and the tool that's [1:39:45] needed for those is infill flag lot [1:39:48] >> and staff has you know supported I will [1:39:51] say supported flag lots I would love to [1:39:54] look at um because we have a lot of [1:39:56] underutilized properties and that would [1:39:58] be a reasonable way to do it and you can [1:40:01] and and a flag lot is not a tool [1:40:04] mandated by state law. So we can say we [1:40:07] want it this big, we want it this far [1:40:08] from the you know I mean we can still do [1:40:10] that with dads but you're also not [1:40:12] restricting the size. It's not an [1:40:14] accessory. Um, you know, so [1:40:17] >> and you can actually build a single [1:40:19] family home essentially if it meets all [1:40:20] the requirements, [1:40:21] >> right? And so if they want I mean this [1:40:23] would help with the Riley because if [1:40:25] they want a bigger home, it [1:40:26] >> doesn't have to be a,200 foot home. [1:40:27] >> A flag lot would allow that. [1:40:29] >> So you basically have two homes or two [1:40:31] properties, [1:40:32] >> right? And you know, and I think that [1:40:34] the flag lot may be more persuasive now [1:40:36] that with one acre lot, you can have two [1:40:39] dwellings. [1:40:40] >> Mhm. So you're not prohibiting anything [1:40:42] by allowing a flag lot creating [1:40:45] >> and then you do although you have two [1:40:48] larger buildings you know [1:40:49] >> I would love to but again it's the [1:40:54] >> any of these are you know building in [1:40:55] the back and how you're impacting your [1:40:57] neighbors but [1:40:58] >> property develops and you could have [1:41:01] someone 8 feet away from you depending [1:41:04] on if somebody can get a road in you [1:41:06] know so having that expectation of [1:41:08] privacy in your backyard is not [1:41:09] necessarily realistic. I know it's not a [1:41:12] popular [1:41:13] >> Yeah. [1:41:14] >> But it's realist, but [1:41:17] >> good points. [1:41:19] Okay. So, um going back to sort of my [1:41:22] list, um the occupancy I'm hearing were [1:41:26] generally uh mostly aligned at least on [1:41:30] uh the definition of family being [1:41:31] incorporated from city code. [1:41:35] um [snorts] [1:41:37] the uh MITs that we talked about [1:41:39] earlier, the capitalization of [1:41:42] construction, the um [clears throat] [1:41:45] 1258070, [1:41:47] the phrasing for additional entrance [1:41:51] >> removing that. [1:41:52] >> I think that was it. No. [1:41:53] >> And then my comments my three comments. [1:41:56] >> Sure. Sure. I meant like that we had [1:41:58] >> Okay. I just want to make my three [1:41:59] comments at the beginning. I request [1:42:01] that those be included. [1:42:03] >> And then there was also the may be on [1:42:05] the two-3. Is that what you're [1:42:07] >> refering? That's one of them. Yeah. [1:42:09] >> Okay. [1:42:10] >> The other one is where applicable [1:42:11] enforcement provisions and the other is [1:42:13] changing the citation a minor [1:42:16] >> the the [1:42:19] point4 instead of [1:42:20] >> Yeah. 12.58.040 [1:42:24] two or three. [1:42:27] [clears throat] Okay. [1:42:29] I'm gonna have to Has anybody been [1:42:31] assembling these? Because mine spread [1:42:33] [laughter] out all over my notes. [1:42:34] >> Oh, we want to see your attorney. [1:42:36] >> Oh, this is start. [1:42:37] >> I have my own scribbles over here. [1:42:42] » 58.040B2 [1:42:45] has a wrong a wrong reference. [1:42:48] >> What? And also in regards to the tiny [1:42:51] homes, we were going to add your extra. [1:42:53] >> Yeah. And if you want me to add language [1:42:55] regarding removal of an axle. [1:42:57] >> Yes. Yeah. [1:42:58] >> And it has to be permanently attached. [1:43:00] >> And there is language that I can easily [1:43:02] get from pretty much any city. [1:43:04] >> Yes. [1:43:04] >> We just don't have it currently. [1:43:06] >> So, [1:43:08] >> all right. We're doing it live. [1:43:10] >> Um I think so. [1:43:11] >> We're going to start. This is I'm going [1:43:13] to make a motion [1:43:15] >> and my motion is going to be constructed [1:43:17] together [1:43:19] and I'm going to make a motion [1:43:22] eventually that I will move for, but I'm [1:43:24] not making it now. We're just building [1:43:26] it. [1:43:26] >> [laughter] [1:43:27] >> Um, [1:43:29] and it's going to be something along the [1:43:30] lines here where it says detached [1:43:32] dwelling units amending blah blah blah. [1:43:35] But in addition to what is in the staff [1:43:37] report, we're going to say number one. [1:43:43] And Sid, I may need you to pull up [1:43:45] >> these as we go. Let's start with [1:43:47] 12.58.070. [1:43:50] » 12.587 [snorts] [1:43:54] » 070. [1:43:55] >> Yep. [1:43:56] And [1:43:58] um where's the entrance? [1:44:00] >> Article C. Oh, the entrance is D. [1:44:03] >> But there's only D. [1:44:04] >> So subd. [1:44:06] So I'm going to propose that subd [1:44:08] >> one entrance [1:44:09] >> modifies its language such that [1:44:14] >> just say it deletes the [1:44:15] >> removes the word additional. [1:44:17] >> Right. That's what we agreed on. [1:44:18] >> That it removes the word additional. [1:44:22] Number [1:44:27] two, [1:44:28] that the occupancy definition in which [1:44:32] where's that section, guys? [1:44:33] >> Right. It's that table. She was on it. [1:44:35] >> Oh, go back. [1:44:37] >> Table 12.58. [1:44:39] What was it? [1:44:40] >> 120701-1. [1:44:44] occupancy [1:44:46] be defined [1:44:48] to incorporate [1:44:51] >> the uh city's definition well I'll just [1:44:54] say the definition [1:44:55] >> count in 12.12.040 [1:44:58] >> 12.12.040 040 [1:45:00] >> as currently written [1:45:03] >> uh family [1:45:04] >> right [1:45:06] >> okay number three [1:45:10] um the scriveners error on 12.58.190 [1:45:14] should be 090 [1:45:17] >> correct [1:45:18] >> and what did we did we make any other [1:45:20] changes in inside that substantively [1:45:27] » that one had to [1:45:29] Nothing I have noted. [1:45:30] >> Okay. [1:45:32] >> And um 12.58.110 [1:45:39] sub C [1:45:42] >> down [1:45:42] >> or sub one maybe. [1:45:44] >> Yeah, [1:45:45] >> it is sub one. [1:45:46] >> Construction fire code. Is that it? [1:45:49] >> Yeah. [snorts] [1:45:52] that the um language be revised to say a [1:45:57] detached ADU shall be subject to all [1:45:59] related regulations regarding the [1:46:02] capital construction code [1:46:06] as adopted by the city and state [1:46:08] >> codes. [1:46:09] >> Oh, codes. Thank you. The capital C [1:46:11] construction capital C codes striking [1:46:14] the language. [1:46:16] >> Do do we need to have fire code too or [1:46:18] just construction code is fine? It [1:46:21] covers it. [1:46:22] >> It covers it. Okay. [1:46:23] >> Yep. As long as you capitalize the [1:46:24] construction. [1:46:25] >> Okay. [1:46:25] >> Do we should we also be adjusting the title of that then? Construction and [1:46:29] fire codes to just say construction [1:46:31] codes. [1:46:32] >> Oh, the title of one. Yeah. [1:46:35] >> Well, [1:46:36] yes and no. I mean, it seems like we've [1:46:38] se we [1:46:40] >> And you can say both if you want. [1:46:41] Construction codes and fire codes both [1:46:43] >> because we're talking about dwellings [1:46:45] and that's fine. The problem I think [1:46:47] could be run up against is some creative [1:46:49] lawyer is going to say, "Yeah, but they [1:46:50] took out fire codes deliberately and [1:46:52] that meant something." [1:46:54] >> See that, too? [1:46:55] >> Yeah. [1:46:57] >> Um, so we'll just say construction codes [1:47:00] and fire codes. [1:47:02] Um, [1:47:04] but it's going to be capital C's. Are we [1:47:06] going to capital F and C, the fire code? [1:47:10] >> Yeah. And I only say that because I [1:47:12] think the fire code [1:47:14] we [1:47:15] I'd have to see if we reference in title [1:47:18] 10, but we do adopt it in a different [1:47:22] section. I think our public health and [1:47:24] safety, [1:47:26] let's see, fire regulations. [1:47:30] Yeah, in title seven we adopt. Okay. [1:47:34] Inter Yeah, the international fire code [1:47:36] as more particularly adopted. Oh, in [1:47:37] title 10. Okay, so we're good. So, it is [1:47:40] included in construction codes. [1:47:41] >> We'll catch it eventually. [1:47:43] >> Okay. So, construction codes and fire [1:47:45] codes is what that's going to read. [1:47:47] Striking building construction and fire [1:47:48] codes. Um, [1:47:53] we did the occupancy limit. We did [1:47:57] >> I'm sorry. I I know. I don't know what [1:47:59] I'm missing. Someone jump. [1:48:00] >> You're missing windows. We're missing [1:48:02] that two to three. Maybe we're missing [1:48:04] the tiny house verbage. [1:48:05] >> Okay, let's go through those slowly. [1:48:07] Where where's the window section? [1:48:09] >> 12.58.070C. [1:48:13] Removing the term fixed inoperable. [1:48:17] So we'll say shall be translucent [1:48:21] is what the recommendation was. [1:48:25] But you're the one constructing the [1:48:26] motion. So for sure I don't want to put [1:48:28] words in your mouth. [1:48:30] >> Be translucent [1:48:32] >> and just drop everything else. [1:48:34] >> Yep. [1:48:34] >> No skylights. We're just taking shall be [1:48:36] fixed nonop. [1:48:37] >> Yeah, I was just saying just drop [1:48:39] >> by everything. [1:48:41] >> Sorry. fixed, nonoperable, and will be [1:48:43] stricken. [1:48:44] >> Okay. Okay. And then and then you leave [1:48:47] it in translucent or shelby. Okay. Good. [1:48:50] >> Uh what was the next one? Thank you. [1:48:52] >> Um you're welcome. We had that the tiny [1:48:55] homes for extra verbiage. And we also [1:48:57] had the two-3. [1:48:59] >> We were changing just [1:49:02] >> which section [1:49:04] >> I'm trying to get to the the [1:49:06] establishment. Hang on. [1:49:07] >> Um [1:49:09] >> definition of title. It's basically that [1:49:11] they have to be on a fixed foundation. [1:49:14] >> Yeah, [1:49:15] >> that is [1:49:17] >> I think it's in 1258. [1:49:19] >> Found it. [1:49:20] >> Okay. [1:49:21] >> A [1:49:22] >> there it is. [1:49:24] >> Which one is it? [1:49:25] >> Oh, you got it. [1:49:28] >> Yeah. So, it was an A, but he's going to [1:49:30] be adding [1:49:31] >> I would add a new Yeah, I would add a [1:49:33] new guess it' be probably new B and [1:49:35] change the numbering. that would talk [1:49:37] about removal of an axle for any [1:49:41] modular. [1:49:43] >> Okay. I'd like to workshop the language [1:49:45] though. Um rather [1:49:47] >> it doesn't have it all. [1:49:49] >> Isn't that correct? [1:49:50] >> I don't have one, but I can try to find [1:49:51] one right now. [1:49:52] >> Well then, okay. So, give give me broad [1:49:56] parameters to do in the ordinance. Or [1:50:00] would you like [1:50:01] >> how about this? [1:50:02] >> Um with a direction to staff to add a [1:50:05] subsection in 070 to address tiny homes [1:50:08] removing axles um and which will then be [1:50:11] considered by the city council. [1:50:14] >> Yeah. Yeah. I would say and I wouldn't [1:50:16] even say tiny homes. I would say modular [1:50:18] homes such as tiny or other similar [1:50:20] modular homes [1:50:21] >> so that we're not just singling out [1:50:23] >> Yeah. and and the language the the [1:50:25] building official gave me said he said [1:50:27] add language the axles are removed when [1:50:29] the structure is fixed in place for any [1:50:31] DAU that is wheeled into location [1:50:34] >> are the words permanently affixed to the [1:50:36] ground something that we should be using [1:50:37] >> it's already there in a so we could we [1:50:39] could use similar language if we wanted [1:50:41] to to count on it but it will already be [1:50:43] established in a [1:50:46] >> well then what do we need [1:50:48] >> that the removal of the axles from solar [1:50:52] fuel in a tiny home Right? You have to [1:50:53] anchor it into the ground, but he's [1:50:55] saying you can then take it a step [1:50:56] further and put language in that says [1:50:58] removal of the axle. So, it inhibits its [1:51:01] ability to be even more modular. [1:51:03] >> All right? So, then it's a permanent [1:51:05] structure and not coming. So, it create [1:51:07] a clause new B that would say that. [1:51:10] >> I don't know why we need a new clause. [1:51:12] Why not just one more sentence in a I [1:51:13] could do it that way too. something [1:51:14] along the lines of if the [1:51:18] >> detached ADU [1:51:21] has [1:51:23] uh it's capable of being mobile that any [1:51:25] such [1:51:26] >> w into location was the term [1:51:28] >> mobility [1:51:29] >> but whatever you could say that [1:51:32] >> w into location but that would mean [1:51:34] something different to me than it would [1:51:35] to you [1:51:36] >> if the use supports mobility [1:51:39] >> and there like I said there are codes I [1:51:41] had one in my last city I just have to [1:51:43] pull it Okay. Right. [1:51:45] >> So then here's what I'm going to put in [1:51:46] my motion is that rather than a new [1:51:48] section be added that a clause be that a [1:51:51] sentence be added to clause A. [1:51:53] >> Okay. [1:51:53] >> That would uh prohibit or no would [1:51:58] require the removal of any axles or [1:52:02] similar [1:52:03] >> mobility capabilities. [1:52:06] >> Okay. [1:52:06] >> Sure. [1:52:07] >> That's fair. [1:52:08] >> They get a fixed. [1:52:09] >> Yeah. [1:52:09] They have to be a fixed. [1:52:11] >> Yeah. I can certainly find someone's [1:52:14] code that reads well and says that [1:52:15] >> it [1:52:17] >> because it just says well any structure [1:52:19] fixed and anchored. [1:52:24] » Can you change that one to unfixed? [1:52:25] >> Yeah, because anchored I mean you could [1:52:28] anchor it like you anchor, couldn't you? [1:52:30] Like you anchor a boat with just a post [1:52:32] coming out, right? I I feel like that's [1:52:35] a little flawed. [1:52:36] >> The word the word fixed [1:52:38] >> any structure fixed and anchored. I'm [1:52:40] just [1:52:42] If we're not adding more like he was [1:52:44] talking about, I feel like there's room [1:52:46] for error there or cause for question. [1:52:49] >> I mean, with the building code, it [1:52:50] that's what it's called when you you [1:52:53] anchor something into a foundation, you [1:52:55] anchor the structure into the [1:52:56] foundation. That's the term. [1:52:57] >> No, is is the word fixed a defined term [1:53:00] in the building code? [1:53:02] >> That I no I I mean that if you want to [1:53:05] use a fixed if you want to use I don't [1:53:07] know what else, but [1:53:08] >> a fixed in real estate has to be screwed [1:53:10] in. Yeah, [1:53:10] >> that's how we do it. [1:53:12] >> You could say a fixed. You could say or [1:53:14] you could just use anchored and take out [1:53:15] or or fixed and anchored. [1:53:18] >> Shall be a permanent structure anchored [1:53:19] to a foundation. That is building [1:53:21] terminology. You do anchor structures to [1:53:24] concrete slabs and foundation. [1:53:27] >> That is the right term [1:53:28] >> is thinking. Do you have comments on [1:53:30] that, Lisa? [1:53:31] >> Well, just if you if it's only fixed, [1:53:35] sorry, where's the language? If it's a [1:53:37] permanent structure and anchored, [1:53:41] you might be taking out this whole [1:53:43] category of, you know, [snorts] that [1:53:46] they're bringing because they are going [1:53:47] to bring things on. And so anyway, that [1:53:49] was my concern is that you are [1:53:51] eliminating these manufactured in a way [1:53:54] that may [clears throat] not be allowed. [1:53:55] So [1:53:55] >> we can't do that. [1:53:57] >> I I'm okay with the language as it is, [1:53:59] especially with the addition that you [1:54:00] have to take any axles off. [1:54:02] >> Okay. [1:54:03] Let's go with that. So we'll leave [1:54:05] that at is. So, so it's [1:54:06] >> adding a sentence commanding the removal [1:54:09] of or requiring the removal [1:54:12] >> of any axles or similar mobility [1:54:14] capabilities. [1:54:15] >> Okay. Yeah. [1:54:19] » All right. [1:54:21] Vice Chair Patterson, what are we [1:54:22] missing? [1:54:23] >> We are missing the last one. Um, it was [1:54:25] the two-3. We were going to add may be [1:54:28] instead of just, [1:54:30] >> but that was my bad that I did not [1:54:31] write. [1:54:32] >> May be permitted to [1:54:33] >> may be per Where was that? [1:54:36] >> It's 12.58.060. [1:54:39] » See, [1:54:41] >> go up [1:54:42] >> and then it was two down here. [1:54:43] >> There were two numbers. He re have a [1:54:45] detached ADU on [1:54:47] >> Yeah, that's when I said that it was a [1:54:48] little little weird. [1:54:49] >> Are you sure it was this propert? [1:54:56] » Okay, [1:54:56] >> you're right. [1:54:57] >> May be permitted to have a detached ad. [1:54:59] That may be [1:55:00] >> maybe [1:55:01] >> I'm not sure what that is trying to get [1:55:03] at [1:55:04] >> because isn't that by definition a [1:55:07] detached ADU? A property may have a [1:55:11] detached ADU on the lot or partial that [1:55:14] is shared with the primary dwelling. [1:55:16] >> You give them a right to have it. You [1:55:18] say may or may be permitted. [1:55:20] >> Oh, I see. We're just saying oh you can [1:55:21] have Okay. You can have [1:55:22] >> we scroll up scroll up too. [1:55:24] >> It's trying to create more clarity. So [1:55:25] it's not saying in other conditions have [1:55:28] two on a lot [laughter] [1:55:31] >> like it just seems [1:55:33] >> how it's words a little confusing. So [1:55:34] clarify it may be permitted to have then [1:55:36] you you categorically allowed it. [1:55:40] >> Would would an appropriate edit there [1:55:42] just be to remove the first sentence of [1:55:44] that since the in my mind the the [1:55:46] clearer message for C is [1:55:47] >> yeah it is the second sentence is the [1:55:49] >> is the second sentence. [1:55:51] >> We've already established the first [1:55:53] sentence elsewhere. [1:55:55] Very true. [1:55:57] >> So, just go with no single family. [1:56:00] >> Oh, yeah. [1:56:01] >> That's what I mean. If you need it in [1:56:02] there, I [1:56:04] >> It doesn't It doesn't matter to me as [1:56:06] long as it's clear that a single family [1:56:09] dwelling, a primary dwelling [1:56:12] a affords a detached ADU to be on it if [1:56:14] they can meet the other allowances. I'm [1:56:16] not sure if it says that elsewhere in [1:56:17] the code. But I like the definition that [1:56:19] or stated affirmatively that if you have [1:56:22] a single family residence, you're [1:56:24] eligible to also construct an ADU [1:56:26] provided [1:56:28] >> you can only have one either internal or [1:56:30] detached. [1:56:30] >> Yeah, I think that's what it's trying to [1:56:32] say. [1:56:33] >> But I'm not sure if if that first [1:56:35] sentence needs to be rewarded. [1:56:37] That was the point I was saying when it [1:56:39] may be permitted to. It's like [1:56:41] >> there's not another category. It's just [1:56:44] you have a right that permits you to do [1:56:46] this if you meet the criteria. [1:56:47] >> I think that an example of this would be [1:56:50] we're experiencing this with a [1:56:53] agriculture property who wants to have a [1:56:57] um who wants to put like an accessory [1:57:00] structure on their farm with a barn. [1:57:03] They already have a barn, but there's no [1:57:05] single family house. And then they want [1:57:07] to put another detached structure with a [1:57:11] rental unit in there. [1:57:13] Um, so with this being put in that that [1:57:16] might say, hey, no, this there has to be [1:57:19] a single family [1:57:21] by definition. But yeah, I would rather [1:57:24] just say it affirmatively, as I said, a [1:57:26] lot parcel with an existing single [1:57:27] family dwelling is eligible to, you [1:57:30] know, for a detached ADU. [1:57:34] >> And then the second [1:57:35] >> prov Yeah. Provided you can only have [1:57:37] one. [1:57:38] >> Yeah. [1:57:38] >> Either detached or [1:57:40] >> Yeah. because you do have to if I would [1:57:42] make it one sentence because you don't [1:57:43] want to we can work on that just direct [1:57:45] staff will make it better. [1:57:46] >> Okay, that's what we're gonna do [1:57:48] [laughter] [1:57:50] >> this because [clears throat] I do think [1:57:51] but I think in the definition we say it [1:57:54] has to have that but I want to make that [1:57:56] clear as well. You have to have [1:57:58] >> because the key point is the second [1:57:59] sentence that's why [1:58:00] >> right you can only have either internal [1:58:02] or or detached. I guess my the question [1:58:05] I would have is we've we've defined the eligibility in 125804 [1:58:11] OB. Do we need to also define it in the [1:58:14] first sentence here? [1:58:15] >> That's a great point. That's a good [1:58:17] point. [1:58:20] >> Sometimes because staff likes to just [1:58:22] point to this. I think that's what [1:58:23] they're saying is we just want that if [1:58:25] you don't have a home already on there, [1:58:26] you can't have a [1:58:27] >> DADU. [1:58:29] >> And then we don't have to argue with [1:58:30] them. So I I can see that. [1:58:32] >> Yeah. Okay, [1:58:33] >> they have to enforce it. So, but I I [1:58:36] think we can re make it state it that [1:58:39] clearly [1:58:41] combining it with the second part though [1:58:42] that you can only have one or the other. [1:58:46] Got it. [1:58:47] >> And then there's a small scrier's error [1:58:49] on 12.58.040B2 040 B2 where it's [1:58:55] referencing wrong code with the internal [1:58:58] ADU and it should be referencing [1:59:00] its own code further down which is [1:59:03] 12.58.100 [1:59:07] in place of that. [1:59:08] >> So instead of 090 [1:59:09] >> yeah or yeah it even says 12.60. So the [1:59:13] 60 and the 090 are error. It should be [1:59:15] 5800. [1:59:17] >> Very good. And then the last one was at [1:59:19] the very bottom way down in [1:59:22] enforcability. [1:59:23] Um I I recommended taking out the [1:59:27] citation and just having it say may [1:59:30] utilize applicable enforcement [1:59:33] provisions regarding violations and [1:59:35] holding leans against the property. And [1:59:37] the city attorney seemed okay with that. [1:59:39] >> Okay. Slowly. Sorry. [1:59:42] We're taking out [1:59:44] the red highlight completely. [1:59:47] >> No, just the where it says we're adding [1:59:51] the word applicable in place of thus. So [1:59:54] may utilize applicable and then we're [1:59:57] removing of Utah code section 10-20303 [2:00:01] internal accessory dwelling units and [2:00:03] then keeping regarding violations. [2:00:07] And I do think what your comment was [2:00:09] referring I think it's 1021303 [2:00:12] where the lean provisions are. [2:00:13] >> Yeah. [2:00:14] >> But we're removing [2:00:15] >> but we don't Yeah. We don't want to [2:00:16] refer to the [2:00:18] >> Yeah. We're removing it. [2:00:19] >> I mean we may but [2:00:25] » until state code gets updated which it [2:00:26] probably will and then we'll have to [2:00:27] reinsert it in. [laughter] [2:01:00] Okay. [2:01:04] All right. So, I've got the mechanics. [2:01:07] My um motion is probably also going to [2:01:10] carry a recommendation that the city [2:01:12] direct staff to uh evaluate and build [2:01:17] out [2:01:19] um [2:01:22] suggest solutions. [2:01:25] No, I'm not going to do it part of the [2:01:26] motion. Never mind. [2:01:29] I'm gonna [2:01:34] » Can we do it with a separate? I know [2:01:36] what you're thinking about. [2:01:37] >> Yeah, you know where I'm going is that I want a tool to address the oddballs. [2:01:42] >> Yeah. [2:01:42] >> Oftent times after a motion you have in [2:01:45] the past given direction to staff as a [2:01:47] comment. [2:01:48] >> Yeah, that's that's what I'm probably [2:01:50] going to do. The problem is we didn't [2:01:51] notice this up as um potentially [2:01:55] uh developing code for flags. [2:01:58] >> That's why I was scared about talking [2:02:00] about it too much. [2:02:00] >> Yeah. [2:02:01] >> And that's probably why we should come [2:02:03] back and do it separately. And [2:02:05] >> yeah. Okay. Okay. Okay. Okay. [2:02:07] >> All right. Friends, [2:02:08] >> can I ask you a question before you go [2:02:10] forward? [2:02:10] >> Please. So in your motion or all of your [2:02:13] notes that all the things we've gone [2:02:15] through, you're not suggesting um [2:02:18] conditional use permits. [2:02:20] >> No. [2:02:20] >> Okay. [2:02:22] >> Oh, that clarity on agricultural law. [2:02:24] Are we keeping it permitted [2:02:25] >> in essence? Oh, we need to discuss that. [2:02:28] >> That one. Yeah. [2:02:29] >> Yeah. In essence, my motion is going to [2:02:31] say, I'm so sorry. Um, thank you for [2:02:33] your comments, but I'm so sorry. You [2:02:34] don't qualify potentially um because [2:02:38] we're not going to allow front yard ADUs [2:02:40] under this code [2:02:41] >> at this time. Yeah, at this time. [2:02:44] >> That's what I'm going to be making a [2:02:46] motion for. [2:02:46] >> Did you hear Mike? [2:02:47] >> Yeah. [2:02:48] >> About the said agricultural. It doesn't [2:02:51] qualify. I mean it consistently it's P [2:02:54] and internal but again I don't want to [2:02:56] tell the plantings and how it [2:02:57] >> we talked about that last time like if [2:02:59] somebody just has all the eggs right and [2:03:01] you've got a home over here and they can [2:03:02] have 10 acres 100 doesn't matter and [2:03:04] then they just want to put something [2:03:06] >> that's where you have size restrictions [2:03:07] by code of how big it can be then they [2:03:10] can only make it so big [2:03:11] >> so then if they have a big parcel they [2:03:13] can't have a mini McMansion or pool [2:03:16] house in the back that's rented out [2:03:17] because you're regulating it by size and [2:03:19] construction [2:03:20] >> that's why we had that conversation [2:03:21] Well, it seems fair because if I if I [2:03:23] had a lot of that, I don't build [2:03:25] something, right? I don't want to [2:03:26] restrict people completely out, but I [2:03:28] also don't want neighborhoods dotted [2:03:30] with things in the front or sidey yards, [2:03:32] >> which I think too, [2:03:34] unfortunately for for the the resident [2:03:36] that commented, but I think by keeping [2:03:39] the the unit size to where you have it [2:03:41] or somewhere like that, [2:03:43] >> then it it kind of addresses what Lisa [2:03:46] was talking about and that those large [2:03:47] units still have subdivision and [2:03:48] development potential and they still get [2:03:50] the ADU out of it. It creates this kind [2:03:52] of a a pushpull compromise that benefits [2:03:54] everybody interested, I think. [snorts] [2:03:56] >> Okay. [2:03:57] >> So, sorry, just for my clarification, [2:03:58] are you recommending [2:04:00] >> DAD uses a permitted use in AL? [2:04:03] >> That's my That's probably going to be my [2:04:05] motion. [2:04:05] >> Yeah. [2:04:07] All right. I need to go. [2:04:15] Hold up a second though. If it's [2:04:18] agricultural low, [2:04:21] Do they have any buildings on them at [2:04:23] all? [2:04:23] >> They have to still have a home primary [2:04:25] dwelling. [2:04:26] >> That's what my question was. Okay. [2:04:27] >> Yeah, they have has to have a single [2:04:28] family. Agricultural will [2:04:32] even look at it. [2:04:33] >> Okay, perfect. [2:04:34] >> Cuz yeah, when I was thinking [2:04:35] agriculture, I was thinking for some [2:04:36] reason. [2:04:37] >> Well, then it would be a primary [2:04:38] structure at that point [2:04:39] >> and they are building the primary [2:04:40] structure. Yeah. In all fairness to what [2:04:42] you're saying. [2:04:42] >> I guess it would be, right? Okay. Thank [2:04:45] you. [2:04:45] >> Okay. I hereby make a motion. [2:04:48] >> All right. to recommend that the city [2:04:49] council [2:04:51] uh well to forward a positive [2:04:53] recommendation to the city council that [2:04:55] they approve the proposed zoning context [2:04:58] amendments to the Centerville municipal [2:04:59] code by adding new chapter 12.58 [2:05:02] detached accessory dwelling unit uh per [2:05:05] DADU standards and hold up standards and [2:05:11] amending section 12.36.020 020 table of [2:05:15] uses for residential uses based on the [2:05:18] following reasons for action. No, no. [2:05:21] Hell's bells. [2:05:24] [laughter] [2:05:26] [snorts] [2:05:26] >> Strike that. [2:05:27] >> Let's take it from the top. I hereby [2:05:29] make a motion to recommend that the city [2:05:31] council approve the proposed zoning code [2:05:35] text amendments to the Centerville [2:05:36] Municipal Code by adding new chapter [2:05:37] 12.58 detached accessory dwelling units [2:05:39] dat standards and amending section [2:05:42] 12.36020 table of uses for residential [2:05:45] uses as indicated in the staff report. [2:05:51] However, with the following additional [2:05:53] modifications [2:05:54] 12.58.070 070 subd remove the word [2:05:58] additional [2:06:09] 12.58070 [2:06:11] subc remove the phrase fixed inoperable [2:06:14] and [2:06:16] 12.58070A [2:06:20] um that [2:06:24] staff be delegated [2:06:26] the authority to draft an additional [2:06:29] sentence to add to this subsection A [2:06:32] that has the effect of requiring the [2:06:34] removal of any axles or similar mobility [2:06:37] capabilities for the affixed DATU. [2:06:41] No, for the fixed and anchored DATU [2:06:46] that [2:06:49] 12.58070-1 [2:06:52] the word occupancy occupancy be defined [2:06:57] uh to be family as defined in 122 0440 [2:07:04] that [2:07:06] 12.58190 [2:07:08] is a scrier's error and should be [2:07:10] changed to 090 [2:07:12] 12.58110 [2:07:14] sub 1. Eliminate the phrase building [2:07:17] construction and fire codes and replace [2:07:20] it with capital C construction capital C [2:07:22] codes and capital F fire capital C codes [2:07:28] that 12.58060 [2:07:30] sub C. [2:07:34] Did I already say that one? [2:07:36] >> No. No. [2:07:37] >> Okay. Ah, yes. [2:07:40] that staff work on rewarding these two [2:07:44] sentences into one sentence to clarify [2:07:48] the intent that a single family [2:07:50] residents may qualify to have one ADU [2:07:53] but no more than one ADU. [2:07:56] >> Is that fair? [2:07:58] >> Yes. [2:07:58] >> Uh avoiding the word may [laughter] [2:08:02] or at least the singular use of may [2:08:05] without qualifiers. [2:08:07] Um I think uh city attorney Romney had a [2:08:10] really good articulation. [2:08:12] >> Let's let's direct staff to perhaps [2:08:14] consider that and then forward it that [2:08:16] way to the city council that 12.58040 [2:08:20] subb sub 2 be modified that the code [2:08:23] reference therein instead of 126090 [2:08:27] or 12.60.090 [2:08:30] be modified to 12.58100. [2:08:34] that 12.58 [2:08:36] uh 120 [2:08:39] I can't read my handwriting ah be [2:08:42] modified as we have discussed which as I [2:08:45] understood it was to um [2:08:50] yeah [2:08:52] say something along the lines of uh [2:08:55] words to the effect additionally the [2:08:56] city may utilize applicable is an [2:09:00] addition strike the and then going back [2:09:04] to the original text enforcement [2:09:05] provisions and then strike of Utah code [2:09:08] 102303 [2:09:10] um internal dwelling units my handwriting and then [2:09:17] resume with um [2:09:22] » regarding it's either regarding or [2:09:27] thank you let's just get there yeah it's [2:09:30] regarding [2:09:31] [clears throat] [2:09:32] okay so for clarity We're striking the [2:09:35] replacing it with applicable. We're [2:09:36] striking of Utah code 102303 internal [2:09:40] accessory dwelling units and then [2:09:41] resuming with regarding violations. [2:09:44] Then [2:09:46] the table of uses 12.36.020 [2:09:49] instead of P question mark for RL zones [2:09:52] that the table of uses just be P [2:09:54] permitted for dwelling single family [2:09:56] with detached accessory dwelling. [2:09:58] >> AL zones. [2:09:59] >> I'm sorry. [2:10:00] >> AL zones. [2:10:00] >> Yeah, the AL zone. What did I say? You [2:10:03] said RL. [2:10:04] >> Oh, [2:10:05] >> definitely not RL [2:10:07] >> because it's RDP. [2:10:08] >> Yeah. [2:10:10] >> Uh, did you [2:10:11] >> for the reasons? [2:10:12] >> Wait, did I miss it? Did you address [2:10:14] Windows? [2:10:16] >> Yes. [2:10:16] >> Oh. [2:10:16] >> Uhhuh. [2:10:16] >> Yeah. [2:10:17] >> Did he got that code? [2:10:18] >> Uh, for clarity 1258070 [2:10:20] subc remove fixed inoperable and Okay. [2:10:24] for the reasons as indicated in the [2:10:27] staff report. [2:10:35] » Trying to think about any other reasons [2:10:38] >> findings on. [2:10:41] >> Um [2:10:42] yeah, we'll [clears throat] go with the [2:10:43] findings as indicated in the staff [2:10:44] report. That's my motion. [2:10:47] >> Man, I second that hard. [2:10:48] >> Okay, so I've got a motion [laughter] [2:10:51] and a hard second. Hard second. [2:10:53] >> Hard second. [2:10:55] >> Uh discussion on the motion. [2:10:59] >> Can you repeat that? NO. [laughter] [2:11:04] » That's awesome. [2:11:05] >> Love it. [2:11:06] >> Yeah. Perfect. [2:11:07] >> I love it. [2:11:09] >> Great. [2:11:09] >> Okay. Um jokes aside, no discussions is [2:11:12] what I'm seeing. [2:11:13] >> I think we're [2:11:14] >> Okay. Commissioner Mandal. [2:11:16] >> I [2:11:19] >> Okay, that passes unanimous. [2:11:21] >> Awesome. staff. Holy cow, what great [2:11:24] work. [2:11:25] >> Yeah, that's awesome. [2:11:25] >> You put in a lot of work hours. [2:11:27] >> Thank you. Thank you. Thank you to all [2:11:29] three of you. [2:11:29] >> Um, I am going to say this that I would [2:11:32] like us to work on modifying the code I [2:11:35] just moved to authorize to forward with [2:11:38] a positive recommendation that we [2:11:39] address these situations where it seems [2:11:42] like to meet the spirit and intent of [2:11:44] daddos would be to allow a dad in these [2:11:47] situations in a front yard. That would [2:11:49] make a lot of sense to me. At least that [2:11:52] would be the underlying policy behind [2:11:54] why we would want a DATU code to address [2:11:58] these situations. But I want to do it in [2:12:01] a way that makes a lot of sense. [2:12:03] >> Yeah. [2:12:03] >> And I don't know what that looks like [2:12:05] yet, [2:12:05] >> but it makes sense for everybody [2:12:07] >> with that direction. Are you open to [2:12:09] other alternative land use discussions? [2:12:11] >> Totally. I would love to consider five [2:12:14] lots. [2:12:15] >> Yeah. or like maybe not use dat [2:12:19] we consider all land use options to [2:12:21] maximize real estate. [2:12:23] >> Yeah. Yes. I like that. [2:12:24] >> Now that will obviously be subject to [2:12:27] your time, your bandwidth and directions [2:12:29] from city council and we'll see what [2:12:32] happens. I'm sorry to saddle you with [2:12:33] more assignments, but I I I do feel [2:12:36] quite strongly that that is something we [2:12:38] should address in a near in a near [2:12:40] future. [2:12:40] >> And it seems like residents are wanting [2:12:42] that [2:12:43] >> as does the state. [2:12:44] >> Yeah. They want to [2:12:45] >> Right. Right. [2:12:47] >> Start being able to utilize their own [2:12:48] land. [2:12:49] >> Right. [2:12:50] >> Okay. Um that passes unanimously. We [2:12:52] need to actually get done with today's [2:12:54] meeting. So, um community development [2:12:57] director's report. Your brief report, [2:12:59] sir. [2:12:59] >> Really brief. I just wanted to note that [2:13:02] um recently had interaction with the old [2:13:06] Carl Jr. ownership team. They said that [2:13:09] they should be pulling that permit [2:13:11] hopefully within Well, they didn't say [2:13:12] hopefully. I'm saying it because they've [2:13:14] done this before, but they've indicated [2:13:16] within the month they should be pulling [2:13:17] the building permit to finally get going [2:13:19] on the building. [2:13:19] >> Yeah. [2:13:21] >> Finally. [2:13:22] >> For uh Carl's Jr. [2:13:24] >> Carl Jr. It's going to be [2:13:26] >> Oh, into Johnny. Sorry, not Johnny [2:13:27] Rockets. I apologize. [2:13:28] >> Uh Jack in the Box. [2:13:29] >> Jack in the Box. Thank you. [2:13:30] >> Yeah. And the other thing to note is the [2:13:32] corner of 1250 West and and Parish. If [2:13:35] you've been down there and see, there's [2:13:36] a lot of new material showing up on the [2:13:38] site. They're definitely getting ready [2:13:40] to start to excavate and and start doing [2:13:42] work on that site. [2:13:43] >> Good. [2:13:44] >> That pre pre or the pre-construction's [2:13:46] already been completed. So, we're just [2:13:48] waiting on I think the mayor when he [2:13:50] come comes back, if he's already come [2:13:51] back, he has a letter in or a agreement [2:13:54] in there for storm water that we need to [2:13:56] sign off and approve for UD do and [2:13:58] that's the last thing that the site plan [2:14:00] needed to be in compliance to move [2:14:01] forward. So, that should probably be [2:14:04] getting pretty Yeah. pretty active very [2:14:07] soon. appropriate. They're bringing fuel [2:14:09] in. [2:14:10] >> Any updates on the Maverick? [2:14:12] >> Um, we have there's a new owner. Oh, the [2:14:15] new owner of Maverick. He actually own [2:14:17] he bought it outright from Maverick [2:14:18] Corporation. He has some ideas. He's [2:14:21] talked to both Sydney and I, but Main [2:14:23] Street has some challenges with with [2:14:24] what Main Street requires. Um, he is [2:14:27] going to, that being said, work on some [2:14:29] interior cleanup or renovation to maybe [2:14:32] pursue a leie for it. Um, and uh, I [2:14:37] guess we'll see from there. Um, in an [2:14:40] ideal world, there would be some [2:14:42] discussions about Main Street [2:14:43] regulations, but I don't want to get [2:14:44] into that right now. [2:14:46] >> Nope. [2:14:46] >> So, [2:14:48] >> thank you. [2:14:48] >> So, the bottom line is the good news [2:14:50] with that without again creating any [2:14:53] kind of political discussion is um, we [2:14:57] have an owner. He's a responsible owner. [2:14:59] He's motivated to make the property [2:15:01] work. He's just going to be restricted [2:15:03] to what Main Street allows him to do. [2:15:05] That's the best way to say it. [2:15:06] >> Thank you. [2:15:07] >> And that's all I have. [2:15:08] >> Thank you. All right. Moving forward to [2:15:10] the minutes from the prior meeting. Uh I [2:15:12] assume you all had an opportunity to [2:15:14] review. Anybody have any modifications [2:15:16] to propose? [2:15:17] >> I did not. I mean, I read them, but I [2:15:20] have no modifications. [2:15:22] >> Let me be clear. [2:15:28] » So, motion to approve them. Yes. [2:15:30] >> Uh, I'll take a motion. [2:15:31] >> I make a motion to approve the minutes [2:15:33] from, [2:15:35] uh, July 22nd, 2026. [2:15:38] >> I'll second. Have [2:15:39] >> a motion and a second. All in favor say [2:15:41] I. [2:15:41] >> I. I. [2:15:42] >> All opposed. [2:15:43] >> All right. I'll take a motion to [2:15:44] adjurnn. [2:15:45] >> I make a motion to adjurnn. [laughter] [2:15:46] >> Look at you jumping on that, man. [2:15:48] >> I have a second from Commissioner [2:15:50] Mendall. Uh, any uh, all in favor say I. [2:15:55] >> Okay, [2:15:56] >> we're done.