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[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.