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Immigration, planning, commission, meeting, Thursday, August 13, 20, 26, the time is 8.32 am. Thank you, Wendy. First, I just want to say thank you all for coming. Because your input is very valuable to everyone involved in every issue that we deal with. Also, thank you. You're very well trained. I mean, right on the dock, you just all planned off. It's very quiet. It's good. My name is Tim Harp.

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I'm the chair of the planning commission here at the table.

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We also have Jodie Gerot.

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She's our vice chair and two other commissioners,

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Andy Wallace and Dale Bereth.

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We have a fifth position that we expect

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to be filled at the next city council meeting.

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And we'll be introducing that person later

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in this meeting for those who care to stick around.

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At this point, what I'd like to do is read the document

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that we do. We can't hear you. Okay. I'll read a document that we go over before every meeting.

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And again there are I think there are some more chairs in the back room if anybody wants to

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pull some out so we've got more people coming in. You can take two of these. We're going to say one

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but you take two of these. Yeah. Two of these chairs are available.

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The copy of our agenda is on the

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table here. We also have a sign-up sheet being passed around. We'd appreciate your

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signing in so we know who is here. The Planning Commission is a voluntary citizen

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board. The Commission's function is to hear and decide applications for

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conditional uses and preliminary subdivision plots to make recommendations to

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the Immigration and Canyon City Council, preserving changes or changes to

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ordinances, or journal plans.

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Our agenda is divided to categories, business items,

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and public hearing items.

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We're going to start with the public hearing

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item of the agenda, which we have one.

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I'll introduce that shortly.

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Our meeting is recorded.

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So when you care to come up and speak

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after I recognize you, please take a seat at this chair.

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state your name and address so we have that for the record. We also have we are

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online. When do we have do we have anybody online of the public? Or is it all

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staff? It's all staff and then Patrick Nelson the Salt Lake City and then Ryan

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and we like the public house.

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Thank you.

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So we may have some folks online from the public,

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and we'll hear from that in the public hearing portion

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of our meeting.

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Let's see, I think that covers most of it.

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The way we'll conduct the hearing today is,

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we'll start with a presentation by our staff,

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who are present here as well as online, if necessary.

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We will then have a presentation by the applicant, the

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property owner, and then I'll open the public hearing for

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comment.

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Please raise your hand to be recognized.

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As I recognize you, would you please come forward, have a seat,

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state your name and address as I mentioned before, and give us

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your comments.

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Now we have had a ton of comments.

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We have read a lot of letters and emails from you, and we

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appreciate that input and so what I'd like to suggest is that if someone ahead of you has made

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your point or points please just point that out to us and that'll save time for more

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view to make comments as well as after the hearing is closed then we will go to the commission will

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go into a discussion and deliberation period and that will give us more time to have that discussion.

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So with that in mind, I think we are ready for the presentation.

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Let me ask the commissioners.

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Does anyone have any proposed changes to the agenda that we have before us?

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Just that our City Council member wants to speak first.

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Yes, we do have a member of the City Council here who I'll recognize as the first speaker during the public hearing portion.

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Okay, then we'll we have no changes to the agenda and so I think we're prepared at this point to go ahead with our staff presentation.

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Thank you, Chair. My name is Claire Gilmore, and I'm with this firm of Smith Park.

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I represent Immigration Canyon in Matthews Matters.

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Today, we're going to, the planning commission is going to review

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the proposed conservation development agreement

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as between property owner Ryan Mike and Immigration Canyon

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for a 48-year parcel that he owns in the FR-20 zone

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which is a forestry and recreational zone under Title 19 of the immigration planning code.

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As a preliminary matter, I think that it's going to be very important and really effective

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for us all to get on the same page about what constitutes land use

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and what the purview of the Planning Commission's authority is today.

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I'm hoping that it will

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make for a far less exciting meeting than perhaps we anticipated.

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Under Utah Code, oh dear.

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Excuse me. So under Utah Code 1020 and

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this is under number two of my

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I present to you today.

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It fits for the factors that actually constitute

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municipal land use.

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According to Title 10-20, these are the factors

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that a municipality is allowed to regulate under our zoning

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police power.

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I

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would like to take a minute to recognize that we're talking uses, density, open spaces,

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structures, buildings, energy efficiency, light and air, air quality, transportation and

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public oral, alternative transportation, infrastructure, street and building orientation,

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with requirements, public facilities, fundamental fairness, and land use regulation, and consideration

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of surrounding land uses to balance the foregoing purposes with the landowner's private

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property interests and associated statutory and constitutional protections.

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That is set forth as black letters state law.

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I'd also like to know that immigration canyon is very fortunate in the sense that you have

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one of the most, if not the most, thoughtful and sophisticated planning commission that I have ever worked with.

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And they do a great job of taking the very limited review of their authority that's set forth under Utah Code

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and thinking very critically and analytically about how to apply their limited

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purview authority to each of the proposed developments that comes before them.

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I also would like to note that the planning commission is extremely, you have a

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very ethical planning commission. They go to very great gains to comply with

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not only the Utah Municipal Employees and Ethics Act,

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which prevents any kind of rubber stamping

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or deliberating outside of an open meeting

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or making any decisions outside and open meeting,

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but they also do a wonderful job of complying

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with all of the provisions under the plan

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that are required by the planning commission under Title 10.

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And because of other planning commissions throughout the state of Utah, those prohibit

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their robust provisions regarding making decisions based on personal views, making decisions

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based on public clamor, and so forth.

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So you have a very ethical planning commission.

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And their purview of authority is set forth as set forth in number two by state code.

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The next kind of preliminary matter that I think will be useful is to know that the

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planning commission is a recommending body in this process.

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And they are a recommending body because development agreements are a legislative act.

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Not an administrative act.

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So a legislative act in land use, well really in otherwise, can only be finally approved

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by the legislative body.

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So that's going to be the city council.

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So what you'll see today is the planning commission making a recommendation either for approval

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or for denial and in either case with well certainly probably not denial with

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conditions but approval with conditions or suggestions for additional language

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that sort of thing. So just moving forward that's what we're that's the basis of

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which we're working today and it's pre-limited. So let's talk just for a

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second now about, oh, I am the master of my own slideshow and I didn't realize it.

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Okay. Because of the volume of the public comments that we received, which we very much,

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the city, I very much appreciate all of the input. I have summarized and I may not have

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I covered every single topic that was addressed in the public concerns, but I did my best

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to summarize the comments that we received.

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Overwhelmingly, the comments that we received were related to concerns about fire, danger,

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fire mitigation, and fire suppression.

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What I would like to note is getting back to our slide here about land use considerations.

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The international fire code, the international building code, health and safety codes are

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not within this group and there is a very good and legitimate reason for that.

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The good and legitimate reason for that is that the health and safety needs to be determined

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by the experts in keeping people alive and keeping people healthy.

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So health and safety codes are determined by the body that interprets

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and forces and enforces those. So in this case where there are concerns about

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fire, the body in all developments that will make a determination about what

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That fire risk there are what compliance with the international fire code looks like will

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be the fire departments that are that serve that respective development and the reason

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that that makes sense and just bear with me for a second is that not every planning commission

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I assure you is as thoughtful and sophisticated as immigration can in.

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And if land use as a consideration included a planning commission's ability to determine

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what a fire code means and whether or not it should be applied, then a planning commission

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would be able to say, I don't think it means that you have to have fire suppression equipment

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or sprinkling a system.

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We're not going to make that applicable here

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because this is a legislative act.

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And of course, that would not make any sense.

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And we would not want health and safety regulations

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to be legislatively made applicable in some way.

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So that is why the scope is so narrow.

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Now, it gets confusing because land use

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does absolutely include requirements to comply with all applicable health and safety codes.

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But land use is not in and of itself a health and safety code.

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It is a determination getting back here.

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According to state law, uses density, the determination of open space structure.

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Councillors, you know, very much in the urban planning realm. So to that end, please keep that in mind as you're making your comments as to the planning commission's actual ability to address your concerns. And what I would imagine would be a way that would be, you know,

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They have a limited ability, I guess, is my point, and just kind of going through the

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rest of the list quickly.

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We've got environmental protection, ecosystems, native vegetation, the scope of that

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review is going to be the state in terms of environmental protection that is not regulated

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by a municipality, building codes.

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That's going to be the International Building Code.

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Water source protection and water rights.

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Again, not regulated by a municipality

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within the context of the land use.

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OK, this is a big one.

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The access rights over private property.

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there is absolutely no authority of the city through land use to tell anyone to

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tell any private individual or grant or deny any rights in someone else's

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property that absolutely is barred. And here again for good reason, private

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property rights are completely separate and distinct from a municipal municipality to

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implemented police power to determine where residential houses should be located, where

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commercial uses should be located, and what all of those types of uses should look like

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and how they should be oriented and so forth.

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So to that end, what we will be discussing today absolutely does not grant the property

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owner any rights other than the uses that are set forth in the agreement, so absolutely

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no grant of rights on property that he does not own and to that end a denial, a recommendation

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for denial does not prevent the property owner from pursuing whatever rights he

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believes to have in private property that he does not own. So that's big

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clarification and then we have sanitation and there have been a lot of

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comments about the the problem is prior applications what we will deal with

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today is exclusively just what's in the agreement the plain language of what's

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being approved there and and then there was a big concern about sending

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the precedents and that's just not the way that the development agreements work

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and and we will talk about just quickly development agreements as a tool the

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The development agreements are also authorized under state code and basically the mirror of

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that state code has been implemented in immigration can you code, excuse me, enacted rather.

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And what a development agreement is, it's a tool that is used by municipalities where

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you see, we've got the scope of our purview with land views.

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And just a couple, I can't enter it last year, the year before.

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I don't recall, but for example, the legislature

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slashed the municipality's ability

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to impose design standards on single-family residences.

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A big blow, right?

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So what a development agreement has the flexibility to do

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is to say, okay, we have a developer coming in

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would like to build something and they need a they are not going to be able to make the setback

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requirement from the side yard in accordance with our code. It gives the city the ability to say

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all right on our priority list of of what kind of development we'd like to achieve.

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Do we have

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opportunity here to say, you know what, we're going to give you, we're going to allow you to build within the step back whatever that means.

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But in exchange for that, you're going to implement the following design standards, which we would not otherwise be able to do under our own language regulations.

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So that's why development agreements are such an important tool for municipalities.

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This is brand new for immigration union because the city is still in its infancy.

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We're in our formative years, so to speak, but they are very, very common and very frequently

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used by all of the other cities in the valley for exactly this reason.

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So, that is what a development agreement does.

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Oh, and the development agreement, specifically this development agreement, addresses land use approvals only.

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So, all it is being approved in this development agreement are the uses that are being proposed.

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And the additional regulations that we could not require under our existing tone essentially.

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So let's go through what those are.

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Well, we've got, I think, the purpose of the course of recreation zones,

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which I imagine everybody is familiar with.

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But, we have a forest activity plan that was also posted, and that was prepared by

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the Department of Natural Resources in the Division of Forestry by our state lands.

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So the use for this property is being approved as conservation management of forestry.

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And those uses within the plan, or excuse me, the activities within the plan in terms of fire mitigation practices or soil rejuvenation have already been approved under the property owner's permitted use application.

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Claremont was out approved last October yes so those and the reason for that is

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because there's nothing in immigration canyon code that restricts conservation

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activities and the other reason is that from due guidance from the Utah

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on budget's office, those activities would not likely constitute development such

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that the F cause requirements and the rest of our zoning regulations would be triggered.

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However, we have additional activities that were proposed under the permitted use application

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that the city did not approve and those additional activities are basically

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boiled down to non-habitable structures, beekeeping, the installation of a

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solar array and some biochar operations. The development agreement goes through

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and addresses the non-habitable structures. In accordance with immigration

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can be in code.

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Accessory uses and structures customarily incidental to a permitted use are

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allowed. So we have the conservation activities as the permitted use and the non-habitable structures

230
00:23:47,960 --> 00:23:56,350
are being proposed as an accessory to that use. And we can rule if there's questions about

231
00:23:56,350 --> 00:23:58,750
of the concept plan, we can address those,

232
00:23:59,550 --> 00:24:02,670
but the, excuse me, from the planning commission,

233
00:24:03,730 --> 00:24:06,510
I'm not sure I'll be able to pull it up, I will try.

234
00:24:07,090 --> 00:24:08,590
The next is we keeping,

235
00:24:09,030 --> 00:24:11,030
and we keeping is actually

236
00:24:11,850 --> 00:24:16,190
a completely regulated by the state of Utah.

237
00:24:17,170 --> 00:24:20,830
And municipalities are preempted entirely

238
00:24:21,370 --> 00:24:22,810
from the regulation of these,

239
00:24:22,810 --> 00:24:28,730
except under some very narrow exceptions that here again the immigration

240
00:24:28,730 --> 00:24:34,750
canning code does not include. Next we have the solar array and the development

241
00:24:34,750 --> 00:24:41,610
agreement addresses a very specific and regulations for the solar array, here

242
00:24:41,610 --> 00:24:48,990
again that are not included in our code, as well as the biochar, which I know is

243
00:24:49,810 --> 00:24:55,310
the biggest concern, and I'm going to let the applicant talk a little bit more about

244
00:24:55,310 --> 00:25:00,810
that, but what I will say right off the bat is that, and I have taken too much time

245
00:25:00,810 --> 00:25:03,570
when I apologize, I'm going to go through more quickly now.

246
00:25:03,850 --> 00:25:08,730
What I will say about that is that it's limited to three days a year, and that it is very,

247
00:25:08,810 --> 00:25:15,870
very heavily regulated by the division of forestry, fire and state lands.

248
00:25:15,870 --> 00:25:23,230
As a matter of fact, they have to be on site to supervise, and there are very specific

249
00:25:23,230 --> 00:25:30,010
requirements regarding defensible space that's non-clamable, etc., which is addressing

250
00:25:30,010 --> 00:25:30,770
the development agreement.

251
00:25:30,970 --> 00:25:31,210
All right.

252
00:25:31,370 --> 00:25:32,630
I'm really going to hurry now.

253
00:25:32,890 --> 00:25:33,890
I am so sorry, Chair.

254
00:25:36,310 --> 00:25:43,830
Let's talk about restrictions and regulations for this point forward under this agreement.

255
00:25:45,010 --> 00:25:51,830
The property owner is waving his right to commercial logging or lumber processing.

256
00:25:52,270 --> 00:25:54,810
That will never occur on this property.

257
00:25:55,430 --> 00:26:01,350
Mineral extraction and processing, the keeping or raising of domestic animals or foul,

258
00:26:01,810 --> 00:26:07,870
except for household pets or family food production, retail facilities,

259
00:26:07,870 --> 00:26:13,410
old year. Sorry, we taught facilities to open a general public multi-family or

260
00:26:13,410 --> 00:26:20,130
willing group uses ski resorts and then we still have on the books and I'm

261
00:26:20,130 --> 00:26:24,150
not, please don't ask me what it is because I will be able to tell you underground

262
00:26:24,150 --> 00:26:31,830
record storage vaults. Moving on, the property owner and here again getting

263
00:26:31,830 --> 00:26:34,490
In fact, to our discussion about what land use

264
00:26:35,150 --> 00:26:35,990
it comes to.

265
00:26:36,430 --> 00:26:39,150
I'm sorry to interrupt, but on that waiver,

266
00:26:39,410 --> 00:26:41,990
that waiver is only during the term of this agreement,

267
00:26:42,610 --> 00:26:45,730
which can be terminated by the land on a group note.

268
00:26:46,810 --> 00:26:49,590
Excuse me, we need to allow the presentation.

269
00:26:50,210 --> 00:26:52,610
No, we can't say that it's waived forever.

270
00:26:52,730 --> 00:26:54,030
Sir, that's simply incorrect.

271
00:26:54,510 --> 00:26:54,650
Please.

272
00:26:55,930 --> 00:26:56,970
Can you address that at all?

273
00:26:57,390 --> 00:26:57,690
Sure.

274
00:26:58,270 --> 00:26:59,890
Yes, that is the language of the agreement

275
00:26:59,890 --> 00:27:02,990
where if it is terminated, then it would be released.

276
00:27:04,330 --> 00:27:05,170
But there's very specific.

277
00:27:05,170 --> 00:27:06,170
So you correct that statement.

278
00:27:06,390 --> 00:27:07,070
It's not way through.

279
00:27:07,370 --> 00:27:07,430
Right?

280
00:27:07,710 --> 00:27:08,310
It's way through.

281
00:27:08,450 --> 00:27:12,650
Well, to the subject to the termination provisions, yes.

282
00:27:13,230 --> 00:27:15,890
Like the termination provisions are.

283
00:27:17,450 --> 00:27:18,450
7.2.

284
00:27:18,670 --> 00:27:19,410
Yes, that's right.

285
00:27:20,030 --> 00:27:23,410
And I've got that in here.

286
00:27:26,820 --> 00:27:27,420
Right.

287
00:27:28,660 --> 00:27:29,400
Which one?

288
00:27:29,400 --> 00:27:31,640
survive with the so

289
00:27:38,240 --> 00:27:42,320
is it really terminates because there's no vested rights at all except

290
00:27:42,320 --> 00:27:56,200
what he's already built he gets a key that's right that's right this is not the public

291
00:27:56,200 --> 00:28:03,480
here you can get so you can make that point as well during the public hearing portion please

292
00:28:03,480 --> 00:28:08,180
you can make that comment in my hearing the public hearing so she gets an

293
00:28:08,180 --> 00:28:11,960
unlimited amount of time to provide this information and I get three minutes to

294
00:28:11,960 --> 00:28:16,660
correct it. This isn't important. Just please. He's just wrong about this.

295
00:28:19,040 --> 00:28:20,340
We have

296
00:28:20,340 --> 00:28:29,000
reviewed revisions to our Title 19 where that is waiting at the City Council

297
00:28:29,000 --> 00:28:35,560
a level that has been recommended where we have eliminated the uses that have been set

298
00:28:35,560 --> 00:28:41,980
for it. So what that means is when the agreement terminates, all of the vested rights have

299
00:28:41,980 --> 00:28:46,580
terminated. We'll terminate with it. And the property under which we subject to then

300
00:28:47,240 --> 00:28:55,900
effective ordinances, which given the revisions that we recommended to Title 19 will not include

301
00:28:55,900 --> 00:29:02,700
those uses and you're right I should have heard like that and I apologize because that title

302
00:29:02,700 --> 00:29:09,620
bank team has not been fully legislated through the city council yet and that was knowledge

303
00:29:09,620 --> 00:29:15,760
that I had that you did not have and I apologize for not making that verification.

304
00:29:16,460 --> 00:29:25,800
So to the extent that, again, that's the plan is to finish that title of the...

305
00:29:25,800 --> 00:29:26,520
Let's not finish.

306
00:29:27,180 --> 00:29:27,780
That's true.

307
00:29:28,460 --> 00:29:33,780
So you're recommending us executing this agreement and there's a potential that this is

308
00:29:33,780 --> 00:29:36,340
going to pass the book to help everyone use it.

309
00:29:37,640 --> 00:29:40,680
Why is it there a condition in the agreement?

310
00:29:40,680 --> 00:29:47,720
They will be prohibited under the agreement and then prior to the agreement's

311
00:29:47,720 --> 00:29:50,600
termination we will have updated Title IX.

312
00:29:50,720 --> 00:29:51,320
How do you know that?

313
00:29:51,500 --> 00:29:52,440
He can terminate tomorrow.

314
00:29:53,620 --> 00:29:56,340
He can terminate the upon written notice to the city.

315
00:29:56,460 --> 00:29:58,240
That's what you fundamentally don't understand.

316
00:29:59,260 --> 00:29:59,520
Right?

317
00:30:00,000 --> 00:30:28,500
So you can terminate it prior to the passage of this tunnel. Sir, I need to ask that you do that during your two minutes later on if you want to pursue that point. We need to continue. We're very difficult time constraint. We have a hard stop at 10.30. We need time to have everybody comment as well as the commission to deliberate on this point. So would you just please continue? We took five minutes to say how ethical the committee is and how great everybody is. We get that time back to talk about the real issues.

318
00:30:30,430 --> 00:30:33,050
with respect in my time. I've got a job.

319
00:30:33,750 --> 00:30:37,630
Yes, sir. I would be more than happy to talk with you.

320
00:30:37,830 --> 00:30:39,690
I called you yesterday and you didn't return my call.

321
00:30:41,350 --> 00:30:45,570
Yes, no, I'm sorry. I was dealing with other

322
00:30:46,430 --> 00:30:50,130
business for other cities. And I'm sorry that I could not get back to you.

323
00:30:50,410 --> 00:30:54,150
But I can, and I will. I just couldn't do it yesterday.

324
00:30:54,670 --> 00:30:56,770
I can and I will. And I have to be great.

325
00:30:56,770 --> 00:31:06,710
thank you. The next I talked to you about overnight stays with regards to without

326
00:31:06,710 --> 00:31:10,870
an approved sanitation plan we have defensible space required for the solar

327
00:31:10,870 --> 00:31:18,130
array project structures and accordance with the concept plan and I'm just

328
00:31:18,130 --> 00:31:22,230
going to jump now right to and I apologize for the time that I take in the staff

329
00:31:22,230 --> 00:31:25,410
recommendation that we approve the

330
00:31:25,410 --> 00:31:28,390
conservation development agreement and the

331
00:31:28,390 --> 00:31:33,050
reason the reasons for that set forth is from the

332
00:31:33,050 --> 00:31:37,050
limited purview of what we can consider under

333
00:31:37,050 --> 00:31:41,650
land use under state law. The the intensity of

334
00:31:41,650 --> 00:31:48,430
the use is is such that it is actually less than

335
00:31:48,430 --> 00:31:51,670
what the other permitted uses are under the

336
00:31:51,670 --> 00:31:58,750
forestry zone. It's a it's a minimally intense use and the structures because they will be

337
00:31:58,750 --> 00:32:06,030
non habitable are also minimally intense. The agreement will be it recorded against the

338
00:32:06,030 --> 00:32:13,770
property and subject to termination. It's recorded against the property and a new property

339
00:32:13,770 --> 00:32:20,170
donor would not be able to change the use without coming to amend the development agreement.

340
00:32:21,410 --> 00:32:27,990
The agreement includes certain restrictions and enforcement mechanisms also that would

341
00:32:27,990 --> 00:32:33,190
be otherwise unavailable to the city and those are incorporated in there.

342
00:32:34,410 --> 00:32:40,330
And I appreciate your time and I know that we're going to wait until the end for planning

343
00:32:40,330 --> 00:32:48,990
questions but to the extent I'm happy to what it's at the chair's pleasure. Thank you

344
00:32:48,990 --> 00:32:53,150
Cliff. I appreciate that. I think in the interest of time we'll move on to the

345
00:32:53,150 --> 00:32:58,770
second portion which is the applicant. Mr. Lake we appreciate if you keep your

346
00:32:58,770 --> 00:33:04,050
comments to less than 15 minutes so we have more time to discuss and deliver it.

347
00:33:04,750 --> 00:33:09,830
Absolutely yes, it's going over here so I can talk both ways.

348
00:33:10,590 --> 00:33:13,550
All right, thank you commission for your time today.

349
00:33:14,350 --> 00:33:20,030
I know that I've been here presenting this in the past, so I try to make this new information

350
00:33:20,030 --> 00:33:22,310
and that repeat would have been done previously.

351
00:33:23,310 --> 00:33:27,770
But there is a little bit of overlap just for background for those that are not familiar with the application.

352
00:33:27,770 --> 00:33:32,030
So, this is a partial property that I bought approximately six years ago.

353
00:33:32,530 --> 00:33:39,450
My interests here are really to operate a permaculture farm, low-impact, and nothing

354
00:33:39,450 --> 00:33:42,530
large-scale or industrial in nature.

355
00:33:43,330 --> 00:33:49,070
For me, it's a passion of mine, watershed education, as well as agriculture, not going

356
00:33:49,070 --> 00:33:53,310
for agriculture family, but also for recreation, right, and that's really what the forest and

357
00:33:53,310 --> 00:33:54,610
recreation zones intended for.

358
00:33:55,710 --> 00:33:59,990
And so I already allow private recreational use, but I want to be able to show that you

359
00:33:59,990 --> 00:34:04,710
can have dual use, that you can use this for productive agricultural use conservation

360
00:34:04,710 --> 00:34:09,190
efforts, and that at the management of the land is better than doing nothing at all.

361
00:34:10,410 --> 00:34:13,710
So I think there's a lot of shared objectives that are accomplished through this application.

362
00:34:14,230 --> 00:34:18,470
These are things that presented in the past, foremost for me is that watershed production.

363
00:34:18,470 --> 00:34:22,990
But also the wildfire mitigation risk is very important as well.

364
00:34:24,170 --> 00:34:25,750
There are a lot of fuels up there.

365
00:34:25,950 --> 00:34:29,890
I know this is a small part of land at the part that I'm talking about developing is

366
00:34:29,890 --> 00:34:30,650
even smaller, right?

367
00:34:30,730 --> 00:34:33,630
We're really looking at a seminary acre parcel of the full 40 acres.

368
00:34:34,390 --> 00:34:38,990
But that is a very sensitive watershed area where a lot of fuels are.

369
00:34:39,770 --> 00:34:43,510
And so active management of that part of the property can have some real benefit I believe.

370
00:34:43,510 --> 00:34:49,050
At the same time, I want to minimize the impact of that watershed and physical disturbance

371
00:34:49,050 --> 00:34:52,310
to the natural landscape.

372
00:34:53,590 --> 00:34:55,850
So I think it's important to understand how we got here, right?

373
00:34:55,950 --> 00:34:57,610
This is a long time in the process.

374
00:34:58,190 --> 00:35:04,210
Back in March of 2021, when I first purchased the property, I submitted a permitted use application.

375
00:35:04,970 --> 00:35:10,570
And with permitted use, as the commission is aware, if it meets the requirements, then

376
00:35:10,570 --> 00:35:12,730
and it's permitted, you can go through and do that.

377
00:35:13,310 --> 00:35:16,630
For agricultural use, which at the time was part of the code

378
00:35:16,630 --> 00:35:17,790
as a permitted use.

379
00:35:18,490 --> 00:35:22,090
I actually believe still is today the code also said

380
00:35:22,090 --> 00:35:23,610
that you didn't even need to use permit

381
00:35:23,610 --> 00:35:25,130
in order to do agricultural use,

382
00:35:25,210 --> 00:35:28,010
because historically that's what immigration can use use for,

383
00:35:28,110 --> 00:35:29,690
including this property for 100 years.

384
00:35:31,070 --> 00:35:32,590
In September of 2022,

385
00:35:32,590 --> 00:35:36,090
I missed the issue to determination acknowledging that.

386
00:35:36,250 --> 00:35:38,910
The agricultural use was exactly the way I used permit review,

387
00:35:38,910 --> 00:35:43,150
but that any development in structures must comply with F cause ordinance.

388
00:35:43,690 --> 00:35:49,890
And it put me in this really weird position where by state co-agricultural structures don't need a built-in permit.

389
00:35:50,410 --> 00:35:53,430
So there's really no process to go through a review forum.

390
00:35:53,970 --> 00:35:58,290
Essentially, it was doing an F cause review without needing any built-in permit review.

391
00:35:58,870 --> 00:36:05,670
And so we went through years of iterations and multiple, you know, rounds of staff and agency review,

392
00:36:05,670 --> 00:36:09,510
You're not just MSD, but all the different agencies that have over sent with the help

393
00:36:09,510 --> 00:36:11,330
and safety and fire that Claire had mentioned.

394
00:36:11,990 --> 00:36:15,750
And eventually MSD issued a determination that finding that the conservation activities

395
00:36:15,750 --> 00:36:20,190
and beekeeping were allowed, but that the structures were not approved.

396
00:36:20,950 --> 00:36:26,350
And so that, I appealed that decision in a timely appeal, that's really kind of what brings us

397
00:36:26,350 --> 00:36:27,050
to where we're right today.

398
00:36:28,250 --> 00:36:33,370
So well, to be, to be accurate, the development agreement is a discretionary approval, right?

399
00:36:33,370 --> 00:36:38,630
to say yes or no decision, the planning commission doesn't have any obligation to approve it.

400
00:36:38,990 --> 00:36:44,990
However, it's kind of an a raw A or a raw B decision because the appeal is open, and

401
00:36:44,990 --> 00:36:48,910
so if the development agreement doesn't go forward, then we essentially just go back to

402
00:36:48,910 --> 00:36:49,550
the appeal process.

403
00:36:50,330 --> 00:36:54,870
And we leave the decision to a land use hearing officer to apply the plan meeting of the law,

404
00:36:55,230 --> 00:36:58,710
which in this case, an under title like team, there isn't a lot of guidance, right?

405
00:36:58,870 --> 00:37:03,090
And so both the city and I decided, we want to go through this development agreement process

406
00:37:03,090 --> 00:37:06,410
is because we can put conditions in place that as Claire said,

407
00:37:06,570 --> 00:37:07,630
don't exist in code, right?

408
00:37:08,010 --> 00:37:09,750
There's really kind of a large gap in code

409
00:37:09,750 --> 00:37:11,730
when it comes to the existing land use rights

410
00:37:12,410 --> 00:37:14,650
and then that gap that's in Title 19

411
00:37:15,510 --> 00:37:16,810
because these are permitted,

412
00:37:17,010 --> 00:37:19,190
but there really are standards for how they are permitted

413
00:37:19,190 --> 00:37:20,310
or how it should be oversaw.

414
00:37:20,630 --> 00:37:22,510
We need to have something in place that controls.

415
00:37:23,170 --> 00:37:25,270
Because without that, there really isn't a lot of guidance

416
00:37:25,730 --> 00:37:27,950
for me to understand what is allowed and what is not allowed.

417
00:37:28,170 --> 00:37:30,270
So in trying to implement this,

418
00:37:30,270 --> 00:37:36,770
Well, what was it for the city would say we can't do that but there was nowhere for the city to point to say that

419
00:37:36,770 --> 00:37:42,570
It couldn't do that because it wasn't in 1019 so for me the development gear would give me clarity to know what is a lot

420
00:37:42,570 --> 00:37:47,190
And what is not what it's putting it all in writing so that there's no ambiguity for the city provides conditions

421
00:37:47,190 --> 00:37:51,610
That they can oppose on me that wouldn't otherwise be allowed under either encode or

422
00:37:53,130 --> 00:37:59,410
Elsewhere, so it really fills the gap to create site specific standards that don't apply to the entire canyon or the entire

423
00:37:59,410 --> 00:38:05,930
of our 20 zone, they apply just to this, really this few acres within my land.

424
00:38:07,470 --> 00:38:12,570
So, to delete active management benefits, the whole canyon, as we pointed out, this

425
00:38:12,570 --> 00:38:17,690
is not my plan, necessarily, but it's a plan that's been developed by the state using

426
00:38:17,690 --> 00:38:22,510
federal funds that show how forest should be managed professionally.

427
00:38:23,050 --> 00:38:26,950
There's oversight from the state, the state rights the plan by coming on site, looking

428
00:38:26,950 --> 00:38:31,830
it the existing conditions and make a recommendation for each stand should be managed and do what

429
00:38:31,830 --> 00:38:38,390
densely. The idea here is to keep a healthy forest that doesn't require as much water so the

430
00:38:38,390 --> 00:38:44,630
existing trees have enough to be able to stay and resist disease and make them more resilient

431
00:38:44,630 --> 00:38:50,110
to fire. So the active fuel reduction reduces risk for neighboring properties. It also protects

432
00:38:50,110 --> 00:38:55,650
the drinking water in the watershed. I've done projects for invasive species control while

433
00:38:55,650 --> 00:39:00,450
let habitat restoration, water and soil erosion mitigation, those are all parts of the plan

434
00:39:00,990 --> 00:39:06,450
that I have funded with federal funds at an employment. And what it does, it's a 10-year

435
00:39:07,850 --> 00:39:12,410
forestry plan that's implemented by the state and over-sale by the state with on-site residents.

436
00:39:13,550 --> 00:39:19,670
So, as I mentioned, UFA still remains full regulatory authority overall. Structures,

437
00:39:20,450 --> 00:39:25,090
this agreement really simplifies the federal code, it doesn't replace it, so we're adding to that.

438
00:39:25,090 --> 00:39:29,690
Some of the examples you can see that are in the development agreement are here.

439
00:39:30,210 --> 00:39:32,710
Well, it complies with the wooie code.

440
00:39:33,270 --> 00:39:35,130
Again, there's a lot of state exemption.

441
00:39:35,370 --> 00:39:38,090
And even under wooie, there's exemption for agricultural structures.

442
00:39:38,370 --> 00:39:39,590
Or a lot of this wouldn't have to park.

443
00:39:40,050 --> 00:39:44,250
Now agricultural structure for that extremely high risk fire danger area

444
00:39:44,830 --> 00:39:48,910
should have some kind of restrictions or some kind of compliance.

445
00:39:49,430 --> 00:39:52,050
And so those are volatile and put into those development agreements

446
00:39:52,050 --> 00:39:54,170
such as the class-wood ignition resets of construction,

447
00:39:54,930 --> 00:39:56,910
defensible space that wouldn't otherwise apply.

448
00:39:58,350 --> 00:39:59,930
And then there's additional structures,

449
00:40:00,910 --> 00:40:02,710
sorry, additional conditions for structures

450
00:40:02,710 --> 00:40:04,150
that are over a six-centred square feet

451
00:40:04,150 --> 00:40:06,950
that make it even higher, which is the threshold

452
00:40:06,950 --> 00:40:07,950
that is set by a whirlwind.

453
00:40:09,650 --> 00:40:12,990
So as Claire mentioned, she went through all the different concerns.

454
00:40:12,990 --> 00:40:16,070
I categorized them more down into four different concerns

455
00:40:16,450 --> 00:40:18,750
are on fire, public safety, water, environmental,

456
00:40:19,550 --> 00:40:20,750
neighborhood impacts, and access.

457
00:40:20,750 --> 00:40:24,590
We're going to go through all of these and surely hear them from the public.

458
00:40:25,050 --> 00:40:31,190
I want to try to address how the development agreement tries to address these concerns.

459
00:40:31,970 --> 00:40:34,830
So we already mentioned that the Ruby standards for class wedding

460
00:40:34,830 --> 00:40:42,910
initially is construction, defensual space, the plan that's been developed by DFSSL

461
00:40:42,910 --> 00:40:49,910
and how they'll be onsite to monitor and supervise the application of any biochar

462
00:40:49,910 --> 00:40:54,070
birds and the fire suppression equipment that's required to be stored on site.

463
00:40:54,670 --> 00:40:58,470
When it comes to water and environmental, all of the requirements will still need to

464
00:40:58,470 --> 00:41:03,430
go through EAD, Division of Water Rights, Health Department, Armored Corps of Engineers,

465
00:41:03,990 --> 00:41:06,250
all the existing agencies that have jurisdiction.

466
00:41:07,450 --> 00:41:11,930
When it comes to the neighborhood impact, we've highly restricted commercial timber operations

467
00:41:11,930 --> 00:41:18,850
animal enterprises, insect retail, and habitable structures to create as minimal of an impact

468
00:41:19,710 --> 00:41:26,770
as possible. There's high restrictions on storage of any kind of waste, lighting, and really

469
00:41:26,770 --> 00:41:30,670
my goal with all of this is that when you look at the property, you're not going to see anything,

470
00:41:30,910 --> 00:41:36,290
right? From any viewpoint of the canyon, this will all be shielded from the structures geographically

471
00:41:36,290 --> 00:41:41,170
because it's essentially a big bolt, so there's terrain that's in the way that would impact any of

472
00:41:41,170 --> 00:41:45,350
the light pollution or any kind of noticeable development.

473
00:41:46,130 --> 00:41:48,030
When it comes to access, as Claire mentioned,

474
00:41:48,210 --> 00:41:50,190
this really doesn't address motor vehicle access.

475
00:41:50,710 --> 00:41:53,550
What we're trying to do is mitigate the need for it

476
00:41:53,550 --> 00:41:55,790
by limiting the intensity and imposing

477
00:41:55,790 --> 00:41:58,230
those additional public safety safeguards.

478
00:41:59,410 --> 00:42:01,150
And then it doesn't eliminate these concerns,

479
00:42:01,150 --> 00:42:03,570
but it kind of converts them into standards, limitations,

480
00:42:04,270 --> 00:42:05,490
and agency oversight.

481
00:42:07,350 --> 00:42:09,630
So with the staff recommendation that Claire

482
00:42:09,630 --> 00:42:14,470
are already mentioned. You know, when I look at this, I think the development agreement

483
00:42:15,330 --> 00:42:22,350
is a way to put additional conditions on this property that otherwise can be. And it's

484
00:42:22,350 --> 00:42:28,190
really a choice of do we want to go down the road of allowing the land use hearing officer

485
00:42:28,190 --> 00:42:33,930
to decide whether this needs existing code without any conditions, or that we can come together

486
00:42:33,930 --> 00:42:38,090
and have an agreement that we both agree on

487
00:42:38,090 --> 00:42:39,830
that will resolve the concerns.

488
00:42:40,870 --> 00:42:42,730
And so while it is a yes or no vote,

489
00:42:43,310 --> 00:42:45,450
I know vote means that we essentially just go back

490
00:42:45,450 --> 00:42:47,610
to the default process, which is that appeal process.

491
00:42:48,210 --> 00:42:50,390
And I did put in here permanent and bold

492
00:42:50,390 --> 00:42:52,210
for the same point that Clark pointed out.

493
00:42:52,990 --> 00:42:54,750
Yes, this agreement can be terminated,

494
00:42:54,970 --> 00:42:57,510
but the plan is to update 10 on 19

495
00:42:57,510 --> 00:42:59,230
which you've been working in for three years now.

496
00:42:59,810 --> 00:43:03,230
And a lot of these uses, including agriculture use,

497
00:43:03,230 --> 00:43:07,490
will be removed. So if this agreement is ever terminated, why don't we just do that

498
00:43:07,490 --> 00:43:12,550
a chance to go back to them and we can't do these things. Sir, please, Mr.

499
00:43:12,790 --> 00:43:18,110
like how are you going to answer this? Please, that is my kind of order, sir, please. I can't ask

500
00:43:18,110 --> 00:43:23,310
you. No, no, no, you don't want to. No, please sit down. Any questions? Just like please,

501
00:43:23,390 --> 00:43:24,850
officer. How are you going to access the problem?

502
00:43:26,890 --> 00:43:27,770
No, really, how are you going to

503
00:43:27,770 --> 00:43:30,890
access the property? Mr. Lee, are you done with your presentation?

504
00:43:30,890 --> 00:43:35,150
Thank you very much for using your time more.

505
00:43:36,090 --> 00:43:42,110
We are now prepared to go to the public hearing portion of the meeting.

506
00:43:42,650 --> 00:43:46,130
Do I have a motion from the planning commission to open the public hearing?

507
00:43:46,610 --> 00:43:48,210
I'll make a motion to open the public hearing.

508
00:43:48,830 --> 00:43:49,770
Motion, second.

509
00:43:50,110 --> 00:43:50,630
Second.

510
00:43:50,830 --> 00:43:51,350
Any discussion?

511
00:43:53,270 --> 00:43:53,730
Hearing none.

512
00:43:54,450 --> 00:43:55,330
Paul, here at PCI.

513
00:43:55,730 --> 00:43:56,970
Oh, hang on, hang on.

514
00:43:56,970 --> 00:44:00,090
before the public hearing at the beginning of the public hearing.

515
00:44:00,370 --> 00:44:01,910
I'll take care.

516
00:44:03,950 --> 00:44:05,130
All in favor?

517
00:44:05,310 --> 00:44:05,750
Please say aye.

518
00:44:05,930 --> 00:44:06,190
Aye.

519
00:44:06,570 --> 00:44:06,710
Aye.

520
00:44:07,890 --> 00:44:09,090
It passes unanimously.

521
00:44:09,690 --> 00:44:10,110
Thank you.

522
00:44:10,730 --> 00:44:15,770
All right, for the public hearing, what we'd like to do is limit comments to two minutes

523
00:44:15,770 --> 00:44:17,670
because there's such a large crowd here.

524
00:44:18,350 --> 00:44:23,050
We do not know what it's up to the chair.

525
00:44:23,750 --> 00:44:24,970
Why would you limit it?

526
00:44:24,970 --> 00:44:26,850
Please, sir, here are the order at this point.

527
00:44:27,790 --> 00:44:29,390
You'll get you two minutes if you wish.

528
00:44:30,210 --> 00:44:32,450
What I'd like to do is learn it to two minutes

529
00:44:32,450 --> 00:44:35,730
so that we have time to hear as many people as possible.

530
00:44:36,350 --> 00:44:39,450
We will need to close the public hearing

531
00:44:39,450 --> 00:44:42,550
so that we will have time to have a commission discussion.

532
00:44:43,650 --> 00:44:46,730
We have in the audience, a member of our city council,

533
00:44:46,990 --> 00:44:51,130
Ren Harris, she has requested to speak first.

534
00:44:51,130 --> 00:44:54,030
and I would like to recognize this hair.

535
00:44:56,270 --> 00:44:59,750
And while she's coming up, do we have the sign-in sheets?

536
00:45:01,780 --> 00:45:30,200
Has everyone had an opportunity to sign in? If not, please do so. Thank you. Thank you. Mr. Chair, everyone, I'll try to use my now two minutes wisely. I had requested that I be given some consideration as a visiting official. You all know that I am a member of the city council. I did have a statement prepared to address

537
00:45:30,200 --> 00:45:39,960
And to support the Planning Commission saying that there have been a lot of rumors insinuating

538
00:45:39,960 --> 00:45:50,320
that there is some back room plan dealing going on and I have received so many comments

539
00:45:50,320 --> 00:45:56,780
but to synthesize them that this is basically a done deal that is even considered.

540
00:45:56,780 --> 00:46:03,660
I have pushed back against that, at every opportunity I am constrained by the fact that I cannot

541
00:46:03,660 --> 00:46:09,740
mention the things that Ms. Gilmore mentioned about why this is even being considered.

542
00:46:11,700 --> 00:46:16,780
I can't make those statements at this point because of two things that have happened in this.

543
00:46:16,960 --> 00:46:25,700
I will say that I do not know any council members who have either knowingly or unwittingly acted

544
00:46:26,980 --> 00:46:31,660
in a way to influence the planning commission and that is something you know

545
00:46:31,660 --> 00:46:37,960
this this body works so hard they have done such great work. I can't say

546
00:46:37,960 --> 00:46:42,680
enough good things about the planning commission. I also welcome Mr.

547
00:46:42,860 --> 00:46:49,580
Leib to use his property as immigration king and ordinances provide. I'm in no

548
00:46:49,580 --> 00:46:53,700
way trying to say that he can't do that but where two things happen today that

549
00:46:54,280 --> 00:47:01,200
Make me look like a little bit of a fool for trying to say that this is being considered

550
00:47:01,200 --> 00:47:02,580
in an open and public way.

551
00:47:02,740 --> 00:47:07,840
The first is that Ms. Gilmore admitted that the CDA were considering today, which is

552
00:47:07,840 --> 00:47:11,860
supposed to take into account the benefit of the community.

553
00:47:12,460 --> 00:47:19,100
It's predicated on a modification of our existing ordinances that's going to be considered in an

554
00:47:19,100 --> 00:47:26,680
upcoming meeting and that none of the currency counsel people even know about. So that makes

555
00:47:26,680 --> 00:47:31,560
it, you know, more challenging for me to accept that there isn't something going on.

556
00:47:31,900 --> 00:47:35,820
Ren, your time's up and if we let you go longer, then we have to let everybody else go longer.

557
00:47:35,940 --> 00:47:44,020
She can have my time. Okay. Thank you. I appreciate that. I will take less than that. Mr.

558
00:47:44,020 --> 00:47:46,960
Mr. Light just said that he and the city agreed to this CDA.

559
00:47:47,580 --> 00:47:54,740
The City Council has not, all caps there, agreed to anything in either closed or public

560
00:47:54,740 --> 00:47:55,380
session.

561
00:47:56,060 --> 00:48:02,680
In fact, at our last closed session, we were left with the impression that some of these

562
00:48:02,680 --> 00:48:04,540
concepts might be developed further.

563
00:48:06,220 --> 00:48:11,100
The litigation attorney reluctantly gave us a paper copy of some of the things that we might

564
00:48:11,100 --> 00:48:17,200
consider that we expected to consider further in closed session.

565
00:48:17,580 --> 00:48:25,060
Nothing has happened in public session, and I have, up to this point, absolutely

566
00:48:25,060 --> 00:48:30,100
resented the implications, but I now understand what are some of this might be

567
00:48:30,100 --> 00:48:38,340
coming from, and I am here on this May. I normally would stay for public hearing.

568
00:48:38,340 --> 00:48:42,760
You all know I welcome and respect everybody's public opinions.

569
00:48:43,100 --> 00:48:46,880
I am leaving now at their recommendation of Mayor David Brems.

570
00:48:47,280 --> 00:48:50,840
I spoke with him yesterday on an unrelated matter.

571
00:48:51,160 --> 00:48:54,660
He expressed surprise that I was coming to this public hearing.

572
00:48:54,660 --> 00:48:59,280
He said, we don't want to give the impression that we are influencing the planning commission.

573
00:49:01,550 --> 00:49:03,230
Normally, I would say it's a public hearing.

574
00:49:03,430 --> 00:49:05,390
It's my job to hear what people can.

575
00:49:05,390 --> 00:49:11,310
And in this case, given the uncertainty and the rumors, in effect the revelations today,

576
00:49:11,610 --> 00:49:18,070
I don't want to do anything to enhance that perception that there might, see Council

577
00:49:18,070 --> 00:49:23,750
might be attempting to influence the independent and extremely experienced or hard-working planning

578
00:49:23,750 --> 00:49:24,090
commission.

579
00:49:24,390 --> 00:49:25,110
So I will leave.

580
00:49:25,330 --> 00:49:30,450
I promise all of you I will listen to the recording every minute of it.

581
00:49:30,610 --> 00:49:32,190
I have already read most of the letters.

582
00:49:33,530 --> 00:49:40,310
I expect that most of those letters, same letters, will come to us when we consider it next week, but I will leave now I don't want to.

583
00:49:41,230 --> 00:49:47,590
And I thank the planning commission for Lisa for turning your time over to me.

584
00:49:48,090 --> 00:49:48,470
Thank you.

585
00:49:48,650 --> 00:49:52,350
I look forward to learning of your decision.

586
00:49:52,910 --> 00:49:53,210
Thank you.

587
00:49:53,330 --> 00:49:53,610
Thank you.

588
00:49:53,890 --> 00:49:55,030
Thank you to everybody else here.

589
00:49:56,110 --> 00:49:56,550
All right.

590
00:49:56,550 --> 00:49:56,610
All right.

591
00:49:56,810 --> 00:49:57,270
Now,

592
00:50:00,590 --> 00:50:05,070
if anyone would like to speak, please raise your hand, and I'll recognize you,

593
00:50:05,270 --> 00:50:05,710
sir.

594
00:50:05,970 --> 00:50:06,570
Thank you, members.

595
00:50:07,230 --> 00:50:08,170
My name is Matt Stewart.

596
00:50:08,170 --> 00:50:10,610
I live at 5290 East Pioneer 4th.

597
00:50:10,990 --> 00:50:15,990
Really, and I apologize for interrupting, but there's just a lot of misinformation that this

598
00:50:15,990 --> 00:50:17,250
council is operating on.

599
00:50:17,530 --> 00:50:22,650
One, this is not a conservation, East vent, or agreement that runs with the land.

600
00:50:23,010 --> 00:50:23,790
That's simply correct.

601
00:50:24,510 --> 00:50:27,590
I don't care if you record it with a solid account or recorder or not.

602
00:50:27,590 --> 00:50:33,430
that does not make it an incumbrance on the land. That's just incorrect. This is an agreement

603
00:50:33,430 --> 00:50:39,730
between the parties, if Mr. like sold the property tomorrow, the buyer, the successor and

604
00:50:39,730 --> 00:50:48,770
interest, would not be bound by this. That's a fundamental fact. Okay? Second, what do you

605
00:50:48,770 --> 00:50:56,110
talk about? You won't even see this? It'll all be shielded? Have you walked up there? Have you?

606
00:50:56,110 --> 00:51:03,410
Yeah, you see the trailer and the side by side. You see the tree house. You see the purgola.

607
00:51:03,710 --> 00:51:07,490
Did he allegedly walked in from the Miner's Trail?

608
00:51:08,030 --> 00:51:08,790
Yes.

609
00:51:09,510 --> 00:51:17,190
He dropped all that stuff off trespassing through Pioneer Fort Road and Immigration Oaks.

610
00:51:17,510 --> 00:51:24,690
And he hasn't been forthright about that. And he's not to be trusted in this statement after this statement.

611
00:51:24,690 --> 00:51:31,620
You look at these recitals, who drafted these recitals, talking about the city

612
00:51:31,620 --> 00:51:35,620
agrees that this is conservation and harmony with the protection of the

613
00:51:35,620 --> 00:51:37,580
forest. Bullshit!

614
00:51:40,520 --> 00:51:44,520
Talks about it reflects their aligned values, promoting

615
00:51:44,520 --> 00:51:50,420
conservation, fire mitigation, and responsible man-to-mill property. Where is this

616
00:51:50,420 --> 00:51:57,460
side-by-side that is now on the property? Gonna go. It's a trail. It's a trail on a

617
00:51:57,460 --> 00:52:06,180
problem. You're a joke. This whole thing is a farce. In the city should not be a party to it.

618
00:52:07,780 --> 00:52:15,180
The recital says F. Property owner recognizes the need for motor vehicle access and

619
00:52:15,180 --> 00:52:19,820
agrees to certain conditions. That's a two minutes. Could I have something to say?

620
00:52:19,820 --> 00:52:21,760
Thank you, Chair.

621
00:52:21,980 --> 00:52:22,060
The final slide.

622
00:52:22,060 --> 00:52:22,340
And my.

623
00:52:23,200 --> 00:52:28,700
Recital Audis has specifically said the, excuse me, recital F specifically says the property

624
00:52:28,700 --> 00:52:33,920
owner recognizes the need for motor vehicle access and agrees to certain conditions quote

625
00:52:34,720 --> 00:52:39,280
until he has motor vehicle access in quote.

626
00:52:40,040 --> 00:52:48,380
Mr. like is quite unlikely to ever have motor vehicle access to this property period.

627
00:52:48,380 --> 00:52:54,140
So why are we talking about these things that require motor vehicle access?

628
00:52:54,380 --> 00:53:05,840
Why are we entering into this conservation development easement with a landowner who purchased the property knowing it was landlocked that he didn't have access prior to closing on the property,

629
00:53:06,140 --> 00:53:12,580
asked for as a joining property owners to grant an access to which they declined and he bought the property anyway.

630
00:53:14,060 --> 00:53:15,080
True, right?

631
00:53:22,690 --> 00:53:26,410
You're addressing the planning commission, sir, please despite the

632
00:53:26,410 --> 00:53:33,190
agreement saying that runs with the land the very clear it does not. I have

633
00:53:33,190 --> 00:53:37,970
done dozens of conservation easements that run with the land. I am very

634
00:53:37,970 --> 00:53:43,350
familiar with the legal language that is required to make an agreement run with

635
00:53:43,350 --> 00:53:52,330
land and this does not. And I caution this planning commission to be relying on legal counsel

636
00:53:52,330 --> 00:53:57,090
that now in at least two instances has proven to be incorrect,

637
00:54:00,120 --> 00:54:03,380
right? The only benefit the

638
00:54:03,380 --> 00:54:12,480
city gets from this is the waiver of these enumerated uses that two things. One, we're

639
00:54:12,480 --> 00:54:18,420
to assume Title 19 is going to be adopted, well, if it is, we don't get any extra benefit

640
00:54:18,420 --> 00:54:25,540
from this agreement, they're all prohibited uses, right? And second, he can terminate

641
00:54:25,540 --> 00:54:33,600
this thing tomorrow with no reason and no fall. That's section 7.2. So I've heard these

642
00:54:33,600 --> 00:54:39,720
statements about the benefit to the city. There's no benefit to the city for this agreement.

643
00:54:39,720 --> 00:54:42,900
And then how this agreement is going to be used by Mr. Mike?

644
00:54:43,660 --> 00:54:49,860
Is he is going to try to bootstrap this with other agencies and say the City of Immigration

645
00:54:49,860 --> 00:54:56,600
Canyon bless this and said I am doing good conservation things.

646
00:54:59,440 --> 00:55:06,280
And well, so he terminated the agreement and then 7.3 says he gets to keep everything that

647
00:55:06,280 --> 00:55:17,260
he put on the property, a barn, a lumber mill, three parking lots. Yet he has no vehicle

648
00:55:17,260 --> 00:55:24,460
access. Why are we green? He has three parking lots when he has no vehicle access. What

649
00:55:24,460 --> 00:55:24,920
are we doing?

650
00:55:27,040 --> 00:55:28,140
This is crazy.

651
00:55:31,460 --> 00:55:33,680
I can't believe the city is considering this.

652
00:55:42,260 --> 00:55:42,460
I can't believe

653
00:55:42,460 --> 00:55:49,280
This agreement was drafted by Mr. Lake or his counsel with very little thoughtful input

654
00:55:49,280 --> 00:55:52,220
from the city, and that's a problem.

655
00:55:53,460 --> 00:55:59,960
And this whole thing, and this notion that this, as Ren put, this is a done deal.

656
00:56:00,780 --> 00:56:02,420
The staff recommends this.

657
00:56:03,220 --> 00:56:04,660
This is a good idea.

658
00:56:05,560 --> 00:56:08,260
Our values are aligned with the applicant.

659
00:56:09,000 --> 00:56:15,340
Well, I can tell you there are a lot of citizens of immigration canyons city who do not believe

660
00:56:15,340 --> 00:56:17,480
their values are aligned with the applicant.

661
00:56:17,800 --> 00:56:18,800
Thank you very much.

662
00:56:26,450 --> 00:56:28,610
Do we have anyone else who would like to speak?

663
00:56:29,490 --> 00:56:29,830
Yes, sir.

664
00:56:38,130 --> 00:56:40,470
As a reminder, please state your name and address.

665
00:56:43,810 --> 00:56:46,050
I want to lighten this up a little bit.

666
00:56:47,890 --> 00:56:50,790
You know, I found my name.

667
00:56:51,450 --> 00:56:52,630
Oh, Roger McQueen.

668
00:56:53,330 --> 00:56:53,450
Thank you.

669
00:56:54,290 --> 00:57:04,370
I've found a treasure chest the other day in the mountains worth millions but I

670
00:57:04,370 --> 00:57:11,570
just can't find the key to unlock it. I'll share the treasure with you if you

671
00:57:11,570 --> 00:57:19,460
can give me some money and I can continue to look for more treasures and then it

672
00:57:19,460 --> 00:57:26,980
And then it would be shared, but you need to believe me that I know and I thought that I had found it.

673
00:57:27,800 --> 00:57:34,260
But you know what? Last year there were five keys that all didn't work.

674
00:57:36,940 --> 00:57:47,380
But I'll keep dreaming in and keep as long as you keep helping me with money and helping me dream.

675
00:57:47,380 --> 00:57:54,740
I just hope it comes true, so that's, you know, what we're talking about here.

676
00:57:55,860 --> 00:58:07,880
Last, last meeting we had here by things were very, I mean, everything he talked about

677
00:58:08,720 --> 00:58:16,620
was there, but everyone was denied by every single area that was in the meetings there.

678
00:58:16,620 --> 00:58:18,940
I hope you'll do the same here.

679
00:58:19,800 --> 00:58:20,920
Thank you.

680
00:58:23,940 --> 00:58:24,960
Thank you very much.

681
00:58:25,180 --> 00:58:25,840
Thank you very much.

682
00:58:25,880 --> 00:58:26,120
Thank you very much.

683
00:58:26,260 --> 00:58:26,860
Mr. Nimkin.

684
00:58:28,640 --> 00:58:29,200
My

685
00:58:33,720 --> 00:58:35,020
name is Dave Nimkin.

686
00:58:35,460 --> 00:58:38,720
I live at 6249 East Marathon Lane.

687
00:58:41,980 --> 00:58:44,960
Not to underscore some of the things that were said.

688
00:58:45,700 --> 00:58:51,540
I want to put the notion of what your role is as a planning commission with some context.

689
00:58:51,540 --> 00:58:57,720
I think there needs to be some consideration that it's not a cookie-cutter template, but

690
00:58:57,720 --> 00:58:58,920
that context matters.

691
00:58:59,600 --> 00:59:04,420
Four years ago, Mr. Lee made a presentation at the Immigration Improvement District when

692
00:59:04,420 --> 00:59:07,160
it first became aware of what he's been looking at doing.

693
00:59:07,660 --> 00:59:13,480
He's been consistent in trying to find a way to negotiate and move this forward.

694
00:59:14,260 --> 00:59:20,740
I have felt that this is a vehicle for him to try to do that, and it doesn't necessarily

695
00:59:20,740 --> 00:59:27,220
fit in the public interest. It's like the nose of the camel under the tent, ultimately

696
00:59:27,220 --> 00:59:33,340
there will be a need as indicated previously in the recitals that when there is a road

697
00:59:33,340 --> 00:59:41,160
he will be able to bring public safety support into the area. I think it's totally consistent

698
00:59:41,160 --> 00:59:47,320
with the land use in the area. I don't believe despite what the law says about a forest plan

699
00:59:47,320 --> 00:59:54,040
that it is consistent with the nature of what our community is and how it benefits the general public.

700
00:59:54,680 --> 00:59:57,960
So I'm also concerned about the exclusions.

701
00:59:58,320 --> 00:59:59,980
Exclusions for multi-famil-

702
01:00:00,210 --> 01:00:28,550
What about a single family residence at some point? There's nothing in here that suggests that. There's an exclusion for city's future laws. I don't even understand what that means. How does that even apply in terms of what we're looking at? There are legitimate concerns. I guess I would caution the planning commission to consider that this is premature, that it should be delayed. The public has not had a chance to fully embrace and understand this.

703
01:00:28,550 --> 01:00:36,870
It's not a yes or no, I'd say hold off and allow the requirements that Mr.

704
01:00:36,990 --> 01:00:43,650
Lyck is indicated in this to be dealt with on his terms, on his money, not taxpayer money,

705
01:00:43,990 --> 01:00:50,230
and that he should come to this group, to the City Council with those things rectified and value.

706
01:01:07,220 --> 01:01:12,160
I'm John Bird, six, nine, six, don't worry, he'll circle up, thanks, you guys, you're

707
01:01:12,160 --> 01:01:12,660
volunteers.

708
01:01:13,080 --> 01:01:17,520
This is a ton of work and a lot of heat for volunteer work, so I just want to put that

709
01:01:17,520 --> 01:01:17,900
out there.

710
01:01:21,460 --> 01:01:25,500
Ryan, you should do what the law allows, you know, you have your property.

711
01:01:26,440 --> 01:01:32,480
The loss, you know, our code says you have a road to develop, no road, no development.

712
01:01:34,510 --> 01:01:36,850
That should be the end of this discussion.

713
01:01:37,190 --> 01:01:42,710
Once there is a road established, create, come to the planning commission, let's create

714
01:01:42,710 --> 01:01:43,110
a plan.

715
01:01:44,430 --> 01:01:50,730
I could go through this thing line by line, don't have time, the recitals, I would suggest

716
01:01:55,990 --> 01:02:14,550
this is a positive thing, and it's a great lever if this thing comes back, where the city can't cancel it, but Ryan can, it comes back, and Ryan gets, hey, the city blessed this, they see that this improves fire safety, improves considerations, just all these beautiful things.

717
01:02:14,550 --> 01:02:22,770
is that makes no sense to us, that's not the situation, actually building roads, bulldozers,

718
01:02:23,150 --> 01:02:25,610
that tends not to be conservation oriented.

719
01:02:27,330 --> 01:02:34,790
The agreement itself that can be canceled at his desire, that's great if you're him,

720
01:02:35,450 --> 01:02:36,810
not so good for the city.

721
01:02:36,810 --> 01:02:39,610
This is premature,

722
01:02:41,750 --> 01:02:46,990
get your road approval, which does require taking property rights from

723
01:02:46,990 --> 01:02:51,390
hundreds of immigration residents to get that road approval, because there is land

724
01:02:51,390 --> 01:02:55,310
that it would have to cross owned by hundreds of the residents of this community.

725
01:02:57,030 --> 01:03:00,690
Get your road approval, then talk about a development plan.

726
01:03:01,430 --> 01:03:02,110
That's all I have to say.

727
01:03:08,340 --> 01:03:10,920
Anyone else here to make statements?

728
01:03:11,700 --> 01:03:12,020
Yes sir.

729
01:03:17,760 --> 01:03:19,160
My name is Chick Beener.

730
01:03:19,520 --> 01:03:21,240
I live at 402 Old Oak Road.

731
01:03:24,070 --> 01:03:26,410
I just want to know about access.

732
01:03:30,170 --> 01:03:33,510
How do you propose to get to your property?

733
01:03:35,570 --> 01:03:38,030
And like the man said with the oven,

734
01:03:38,490 --> 01:03:41,850
all that stuff we heard about at the beginning of this meeting,

735
01:03:43,290 --> 01:03:50,370
is any good unless he can get there and he bought a landlock piece of property. Who else

736
01:03:50,990 --> 01:03:58,050
has any of you done that? Has anybody bought a landlock property? You don't even need

737
01:03:58,050 --> 01:04:04,250
to go to kindergarten to know not to do that. And that's all I have to say.

738
01:04:13,040 --> 01:04:13,560
Just not a

739
01:04:13,560 --> 01:04:15,540
Do you have anyone else who'd like to speak?

740
01:04:19,310 --> 01:04:19,570
Yes, sir.

741
01:04:25,130 --> 01:04:26,130
My name is Ryan Pond.

742
01:04:26,270 --> 01:04:28,370
I live at 536 North Pioneer Full Road.

743
01:04:29,570 --> 01:04:37,110
I would like to bring up my concern is that this proposal is being, it's being proposed

744
01:04:37,110 --> 01:04:38,490
in our watershed area.

745
01:04:39,290 --> 01:04:40,190
I'm a builder.

746
01:04:40,630 --> 01:04:46,710
I've seen many of accidents happen in these developments, diesel, hydraulic fluid.

747
01:04:46,710 --> 01:04:56,350
This is being proposed in the heart of our well protection zone with no way for it to be overseen by officials.

748
01:04:57,010 --> 01:05:03,790
There's some discussion about flying them in occasionally or having a special allowance for his inspections for this.

749
01:05:04,490 --> 01:05:14,350
It's easy to, it's hard enough to catch violations when an inspector has consistent and open access to a project.

750
01:05:14,350 --> 01:05:27,290
But when there is no access for the inspections are being done by the applicant, it is very easy for things to get missed or spills to happen and not get cleaned up if they, if we have a

751
01:05:28,610 --> 01:05:35,730
large excavator that has a hydraulic hose that breaks, how does that get cleaned up in our well protection zone, and how do we get that out of there?

752
01:05:36,150 --> 01:05:43,970
How do we even identify that it's happened? It would be on him to do those things until he has that access for the inspectors.

753
01:05:44,350 --> 01:05:46,610
That's something I haven't heard other people bring up.

754
01:05:47,030 --> 01:05:54,490
I would like to also, you know, agree with all the previous comments that have been brought

755
01:05:54,490 --> 01:05:54,970
up today.

756
01:05:55,590 --> 01:06:00,730
And then this is, I'm not suggesting anything nefarious, but I do not understand the relationship

757
01:06:00,730 --> 01:06:06,170
between MSD's attorney providing legal counsel for Salt Lake City.

758
01:06:06,650 --> 01:06:11,870
I'm not asking you to give me answer, but if anybody can help me understand how we're taking

759
01:06:11,870 --> 01:06:12,430
advice.

760
01:06:12,430 --> 01:06:17,410
and I'm not saying it's you know I'm not no slight I just don't I can see where

761
01:06:17,410 --> 01:06:23,190
MSD's goals are not aligned with immigration cities or its residents and so

762
01:06:23,190 --> 01:06:27,890
I'm on I don't understand the relationship of the legal council we're getting so

763
01:06:27,890 --> 01:06:29,890
that's it thank you. Thank you miss Paul.

764
01:06:35,240 --> 01:06:38,640
Anything else? Yes sir? I have one very small comment.

765
01:06:38,640 --> 01:06:40,980
That was me, you know, on six-eight-seven-war.

766
01:06:41,120 --> 01:06:41,880
Don El-Circle.

767
01:06:42,540 --> 01:06:43,840
Did I hear the first name again?

768
01:06:45,380 --> 01:06:45,620
Ed.

769
01:06:46,560 --> 01:06:46,900
Ed.

770
01:06:47,020 --> 01:06:47,120
Ed.

771
01:06:47,120 --> 01:06:47,200
Ed.

772
01:06:47,200 --> 01:06:47,240
Ed.

773
01:06:47,500 --> 01:06:47,660
Ed.

774
01:06:47,660 --> 01:06:47,680
Ed.

775
01:06:47,680 --> 01:06:47,700
Ed.

776
01:06:47,700 --> 01:06:47,800
Ed.

777
01:06:49,280 --> 01:06:49,620
Ed.

778
01:06:49,620 --> 01:06:57,120
And so I've heard that part of the reason we're doing this is because we want to avoid legal battle with Mr.

779
01:06:57,280 --> 01:07:04,700
Lincoln, so I would propose that the members of the community set up our own legal pit bond and start seeing the hell out of him.

780
01:07:07,360 --> 01:07:08,320
Thank you.

781
01:07:13,460 --> 01:07:14,820
Yes, ma'am.

782
01:07:17,620 --> 01:07:18,100
Hello.

783
01:07:18,320 --> 01:07:19,360
I'm Terry Martin.

784
01:07:19,440 --> 01:07:21,520
I live at 5604 Pioneer.

785
01:07:22,160 --> 01:07:22,660
Fork Road.

786
01:07:23,080 --> 01:07:28,500
And I met Mr. Lyke on the trail, maybe soon after you bought the property.

787
01:07:28,700 --> 01:07:32,120
And he said, oh, I've just done this thing and not to worry.

788
01:07:32,340 --> 01:07:33,440
It's going to be accessible.

789
01:07:33,920 --> 01:07:38,060
And I'm not going to have any impact on the values you care about.

790
01:07:38,060 --> 01:07:43,700
Well, that was total nonsense since that time there's the structure that's appeared

791
01:07:43,700 --> 01:07:49,280
there's this weird hosing that's along the trail and now I hear about a double side.

792
01:07:50,100 --> 01:07:57,820
I mean I'm sorry, but I'm repeating some things other people said, but you bought a piece

793
01:07:57,820 --> 01:07:58,960
of landlock property.

794
01:07:59,400 --> 01:08:01,380
You bought it in a very sensitive area.

795
01:08:02,480 --> 01:08:07,700
You knew people denied you access and now you have this development plan, which when

796
01:08:07,700 --> 01:08:12,760
And I saw it two days ago, I went, this is tow under the tent.

797
01:08:13,420 --> 01:08:19,640
And you guys have a responsibility to look at the big picture long-term, not just the

798
01:08:19,640 --> 01:08:26,180
narrow confined areas that are spelled out.

799
01:08:27,200 --> 01:08:28,940
I mean, anyone can see what's happening.

800
01:08:29,260 --> 01:08:33,160
This is a tow under the tent, and eventually tear the tent down.

801
01:08:34,040 --> 01:08:40,260
You've gotten some approvals that help justify your losses to try and get access and to try and eventually

802
01:08:40,260 --> 01:08:47,280
Develop this project or sell it at a higher price. I mean I think we all know that's what's going on here

803
01:08:50,140 --> 01:08:57,220
So you look at this map. There's roads built on the property to its boundaries. What does that tell you?

804
01:08:57,700 --> 01:09:01,800
Why is something being approved before this guy has road access?

805
01:09:01,800 --> 01:09:08,260
us, clearly, table this until the access issue is resolved.

806
01:09:08,820 --> 01:09:14,780
Otherwise, you're just working backwards, and I hope you, I just seem so many playing

807
01:09:14,780 --> 01:09:19,340
commissions get stuck in a really narrow definition to stay safe of what they can cover.

808
01:09:19,980 --> 01:09:26,300
But I think your mandate allows you a larger look, and I hope you'll take it because I trust

809
01:09:26,300 --> 01:09:28,600
that you have a good will of this canyon at your heart.

810
01:09:29,460 --> 01:09:30,220
Thank you.

811
01:09:39,950 --> 01:09:45,630
My name is Paul Brown, I live at 696 North Pioneer Fort Broad,

812
01:09:47,660 --> 01:09:48,980
I've looked over this

813
01:09:48,980 --> 01:09:55,340
for both agreement, a lot of the boilers, we've talked about fire and we've talked about

814
01:09:55,790 --> 01:10:04,640
other things in road access, this really should be deferred until you get a real agreement

815
01:10:04,640 --> 01:10:11,980
in front of you rather than a lot of to be determined things in the agreement.

816
01:10:13,590 --> 01:10:20,660
The attorney fee shifting boilerplate is a trap for the unwary.

817
01:10:21,140 --> 01:10:28,340
I suspect that Mr. Bill Moore's billing rate is a small fraction of the billing rate of

818
01:10:28,340 --> 01:10:32,060
Mr. Light's international law firm that he's been using.

819
01:10:32,060 --> 01:10:37,760
and should there be any disputes that are resolved in favor of Mr. Light?

820
01:10:38,360 --> 01:10:44,620
The city will end up paying not just Mrs. Gilmore's fee, but also Mr. Light's fee,

821
01:10:44,820 --> 01:10:47,600
and that could be a very expensive proposition.

822
01:10:47,880 --> 01:10:53,160
So if this is being thought to save money, it's not going to work.

823
01:10:54,520 --> 01:10:56,680
So that is my main comment.

824
01:10:56,680 --> 01:11:04,160
the other stuff that has been, that I had to say has been said very well by others. I will affirm

825
01:11:04,160 --> 01:11:13,060
that there is no ongoing litigation between Mr. Light and joining landowners. That lawsuit was

826
01:11:13,060 --> 01:11:20,080
dismissed earlier this year as not yet been refiled. It was not appeal. There is no ongoing litigation.

827
01:11:20,480 --> 01:11:26,300
Now, I suspect there will be, but it's not here yet. So that's correction I have. Thank you, Tim.

828
01:11:26,980 --> 01:11:30,120
appreciate all this volunteer work. Thank you Paul.

829
01:11:35,900 --> 01:11:36,860
Any others?

830
01:11:40,160 --> 01:11:43,000
Yeah I'm Jeff Crockett. I'm at

831
01:11:43,000 --> 01:11:51,360
652 North Pioneer Fortbrook. Just to echo what Paul said and to build on that. I've got three

832
01:11:51,360 --> 01:11:59,700
points for the record. First the staff report may rest on a mistaken fact. The port says, as Paul

833
01:11:59,700 --> 01:12:03,540
just mentioned in the poor states that the applicant is currently in an active dispute

834
01:12:03,540 --> 01:12:09,720
over access rights. But my understanding is that the 2025 suit against this city, Salt

835
01:12:09,720 --> 01:12:15,220
Lake City and the Immigration Oaks owners, Property Owners Association was dismissed and has

836
01:12:15,220 --> 01:12:21,880
not been refiled. Access is the premise of this entire application and the staff's own project

837
01:12:21,880 --> 01:12:27,680
description says the agreement is requested due to the absence of motor vehicle access.

838
01:12:27,680 --> 01:12:33,880
So before the Commission recommends anything, I ask the staff confirm the litigation status on the record.

839
01:12:35,300 --> 01:12:42,060
The application, the second day, is the application is incomplete. There's exhibits A, C, and D. They're not in the packet.

840
01:12:43,020 --> 01:12:53,480
Staff has marked multiple sections, verification pending, and states those provisions remain subject to review, revision, or removal.

841
01:12:53,480 --> 01:12:59,800
How can the public meaningfully comment on an agreement whose exhibits don't even exist?

842
01:13:00,900 --> 01:13:03,040
Finally, the terms are very one-sided.

843
01:13:03,600 --> 01:13:07,680
Section 7-1 lists the property owner terminated well as we've heard.

844
01:13:08,240 --> 01:13:11,160
Section 7-2 preserves whatever he has already built.

845
01:13:12,080 --> 01:13:18,540
Meanwhile, Section 2.2 makes the agreement control over conflicting city ordinances.

846
01:13:18,540 --> 01:13:24,840
Section 2-3 exempts the project from the city's future laws, Section 3 runs it with the land.

847
01:13:25,500 --> 01:13:30,620
The city gives up 10 years of regulatory authority that he can walk away at any time and keep the improvements.

848
01:13:31,540 --> 01:13:38,880
I'm not asking you guys to decide on the merits today, but maybe just defer this until the exhibits are complete and the access question is settled.

849
01:13:40,060 --> 01:13:41,060
Thank you.

850
01:13:41,060 --> 01:13:42,120
Do you

851
01:13:47,460 --> 01:13:48,720
have anyone else who would like to speak?

852
01:13:51,220 --> 01:13:51,340
Sir.

853
01:13:52,380 --> 01:13:55,520
Herb and post, 60, 98, and fine, or four.

854
01:13:59,150 --> 01:14:02,530
This thing just doesn't make sense at all.

855
01:14:03,270 --> 01:14:06,370
You talk about conservation, which you need a road.

856
01:14:06,570 --> 01:14:10,710
And if you imagine, if you prevail in court and get access,

857
01:14:11,910 --> 01:14:15,330
you're going to make our roads public, which you know people don't want.

858
01:14:15,790 --> 01:14:18,430
But then you're going to build a road up through Freeze Creek

859
01:14:18,430 --> 01:14:24,930
and destroyed. How the hell can you talk about conservation on your piece of

860
01:14:24,930 --> 01:14:28,830
property and then destroy freeze-cree? It's just insane.

861
01:14:36,560 --> 01:14:38,600
Anyone else? Yes sir?

862
01:14:46,610 --> 01:14:52,750
Brad Barber, 763 north by your foregrowd. Quite a while since I've seen it. It has been long.

863
01:14:53,530 --> 01:14:59,790
I just want to make not to be difficult, but one of my responsibilities is

864
01:15:00,000 --> 01:15:28,200
I am the chair of the trails committee for immigration oaths. We maintain the trail and freeze-creek trail and make improvements. And in that job, you've seen over the years the value of this trail corridor to the community. It's where people interact. It's where you meet your neighbors. And it's true. It's obvious that the access that is required to make this happen

865
01:15:28,200 --> 01:15:32,480
is going to destroy that trail corridor.

866
01:15:33,300 --> 01:15:37,540
The heart of this community will be impacted

867
01:15:37,900 --> 01:15:39,060
for generations.

868
01:15:40,300 --> 01:15:47,060
This corridor is vital to the community of immigration Elks.

869
01:15:47,720 --> 01:15:51,200
To any consideration to destroy the heart

870
01:15:51,200 --> 01:15:54,440
of this community is simply not acceptable.

871
01:16:02,160 --> 01:16:02,600
Thank you, Rhett.

872
01:16:02,940 --> 01:16:03,280
Thank you.

873
01:16:08,080 --> 01:16:10,960
Do we have any members of the public online?

874
01:16:12,280 --> 01:16:14,080
I don't like that one.

875
01:16:14,080 --> 01:16:16,900
Is that Salt Lake Public Utility or so?

876
01:16:17,240 --> 01:16:17,320
Yes.

877
01:16:17,560 --> 01:16:17,720
Right.

878
01:16:17,960 --> 01:16:18,780
Public Works want to?

879
01:16:19,980 --> 01:16:23,500
Does anyone online care to make a statement?

880
01:16:26,630 --> 01:16:27,230
No, you did.

881
01:16:27,410 --> 01:16:28,130
Did you meet them?

882
01:16:28,590 --> 01:16:29,530
No, thank you.

883
01:16:29,530 --> 01:16:29,870
Thank you.

884
01:16:30,030 --> 01:16:30,610
You made it ourselves.

885
01:16:33,080 --> 01:16:33,420
Okay.

886
01:16:35,420 --> 01:16:39,800
Hearing none, I asked for a motion to close the public hearing.

887
01:16:40,480 --> 01:16:42,460
We'll make the most close to public hearing.

888
01:16:43,060 --> 01:16:44,680
We have a motion in a second.

889
01:16:45,340 --> 01:16:47,000
A discussion on the motion.

890
01:16:48,120 --> 01:16:49,980
Hearing none, all of the data, please be high.

891
01:16:50,360 --> 01:16:50,840
All right.

892
01:16:52,020 --> 01:16:52,760
Passes unanimously.

893
01:16:53,260 --> 01:16:53,600
Thank you.

894
01:16:53,900 --> 01:16:55,420
Thank you all for your comments.

895
01:16:55,860 --> 01:16:59,200
We will now go into a planning commission discussion

896
01:16:59,740 --> 01:17:00,620
on this matter.

897
01:17:01,500 --> 01:17:05,700
You are certainly welcome to stay, but we will not be taking

898
01:17:05,700 --> 01:17:09,000
any further input unless we need to ask

899
01:17:09,000 --> 01:17:10,500
the question of anyone here.

900
01:17:11,120 --> 01:17:13,220
Okay, I need one clarification for the record.

901
01:17:14,460 --> 01:17:17,260
If I did not emphasize this properly before,

902
01:17:18,720 --> 01:17:21,140
the city, this is a legislative decision

903
01:17:21,740 --> 01:17:27,140
where the city council would make the final termination.

904
01:17:28,000 --> 01:17:28,060
The,

905
01:17:30,440 --> 01:17:33,320
is subject to the final approval of the city council

906
01:17:33,780 --> 01:17:36,480
and if I have been unclear about that,

907
01:17:36,480 --> 01:17:47,800
I think I shouldn't have been, and secondly, that we have in the text that the agreement

908
01:17:47,800 --> 01:17:54,960
would not be construed as an approval by any other governmental entity other than the city.

909
01:17:55,520 --> 01:18:02,060
So to the extent that that clarifies anything I hope it does, and I'm happy to answer any

910
01:18:02,060 --> 01:18:04,200
questions as a result of the public comment.

911
01:18:05,040 --> 01:18:05,560
Thank you, Claire.

912
01:18:05,560 --> 01:18:07,900
Can I address the public before we start?

913
01:18:08,480 --> 01:18:08,600
Sure.

914
01:18:09,060 --> 01:18:13,740
Just very briefly, you all have available to you the packet.

915
01:18:14,800 --> 01:18:21,500
In that packet, there's an explanation of the options that this planning commission

916
01:18:21,500 --> 01:18:21,980
has.

917
01:18:22,920 --> 01:18:31,820
So we have a heard your comments, we've read your comments, we're also residents of the

918
01:18:31,820 --> 01:18:39,320
canyon and we agree with what you're saying. So I just want you to know you're heard

919
01:18:40,030 --> 01:18:47,820
by this body. But our hands are tied on what we are legally allowed to do. And what

920
01:18:47,820 --> 01:18:51,960
we are legally allowed to do and what we are required to do at the end of this meeting

921
01:18:53,140 --> 01:19:00,880
is to make a recommendation to the City Council. That is what has to happen by us at the end

922
01:19:00,880 --> 01:19:04,620
of this meeting as part of our commission requirements.

923
01:19:05,940 --> 01:19:07,820
Our options are listed in that packet.

924
01:19:08,140 --> 01:19:09,560
The first option is approval.

925
01:19:10,800 --> 01:19:13,200
The second option is approval with changes.

926
01:19:14,100 --> 01:19:15,440
The third option is denial.

927
01:19:16,280 --> 01:19:22,160
And there's another option that's not listed here, and that fourth option is to recommend

928
01:19:22,160 --> 01:19:24,640
tabling it or continuing it.

929
01:19:25,480 --> 01:19:33,280
So, I just want to make that clear, in case it hasn't been clear, our hands are tied

930
01:19:33,280 --> 01:19:34,660
and that is all we can do.

931
01:19:35,920 --> 01:19:38,580
So with that said, let's talk.

932
01:19:39,480 --> 01:19:40,040
Thank you, Jody.

933
01:19:42,010 --> 01:19:43,370
Anyone here to lead off?

934
01:19:44,330 --> 01:19:44,770
Consciousness.

935
01:19:45,630 --> 01:19:46,830
I'm going to have you talk here.

936
01:19:47,590 --> 01:19:47,890
Go ahead.

937
01:19:49,590 --> 01:19:55,990
So, we just got a late set of comments from Salt Lake Park.

938
01:19:55,990 --> 01:20:05,170
to the public works that I think is worth reading through because I didn't get a chance

939
01:20:05,170 --> 01:20:12,830
to read through it, but just in reading the first paragraph of it, it summarizes articulately

940
01:20:13,410 --> 01:20:15,690
all of the comments made by the public.

941
01:20:17,210 --> 01:20:19,950
I think this is received by Wendy today yesterday.

942
01:20:23,250 --> 01:20:33,510
Sorry, Salt Lake City Public Utility, yeah. Salt Lake City Public Utilities. So, Salt Lake City Public Utilities,

943
01:20:33,510 --> 01:20:38,270
respectfully request that the Planning Commission continue the public hearing and make no

944
01:20:38,270 --> 01:20:43,950
recommendation until a complete final CDA and all incorporated exhibits are publicly available

945
01:20:43,950 --> 01:20:49,110
and access, wildfire, water-right, and watershed issues identified below have been resolved.

946
01:20:50,550 --> 01:20:54,330
It's a commission to clients to continue the matter, so I'll see you part of the public

947
01:20:54,330 --> 01:20:56,050
utilities, request a recommendation from you.

948
01:20:57,830 --> 01:21:07,510
So it kind of goes on and articulates all of the same concerns, but in a more legal manner.

949
01:21:09,050 --> 01:21:14,990
So I think with these these late comments that just came in without any time for us to review

950
01:21:15,870 --> 01:21:25,570
and discuss and deliberate and in consideration of the incomplete nature of the proposed

951
01:21:25,570 --> 01:21:30,210
development agreement that we either need to deny it or continue it.

952
01:21:31,610 --> 01:21:36,790
I'm happy to stay for the rest of our time and kind of talk through the issues but

953
01:21:36,790 --> 01:21:41,490
But that's what I'm recommending at the end of this discussion, that we either

954
01:21:41,490 --> 01:21:45,250
table it, recommend tabling it, or recommend an aisle.

955
01:21:48,190 --> 01:21:54,410
So that said, can kind of maybe start to talk through some of the conditions.

956
01:21:54,410 --> 01:21:54,910
Yeah, I'd like to.

957
01:21:55,390 --> 01:21:56,210
And through that.

958
01:21:57,130 --> 01:21:59,350
And I'm sort of exactly what that does to me.

959
01:21:59,630 --> 01:21:59,810
Yeah.

960
01:22:01,690 --> 01:22:04,550
So we can either continue to talk, or we can just table it.

961
01:22:08,630 --> 01:22:10,390
I'm happy it's been another half hour.

962
01:22:11,010 --> 01:22:14,270
We do have up until 10-30 for discussion.

963
01:22:14,890 --> 01:22:18,210
Have you had a chance, Claire, to read this particular letter?

964
01:22:18,870 --> 01:22:23,610
I've been in contact with the Boone Solid City Attorney's Office.

965
01:22:23,990 --> 01:22:25,190
I'm familiar with their concerns.

966
01:22:25,810 --> 01:22:26,810
Okay, thank you.

967
01:22:28,570 --> 01:22:30,350
Do you have some more comments?

968
01:22:30,630 --> 01:22:35,970
Yeah, so I actually guess I have a question for our council, Claire.

969
01:22:35,970 --> 01:22:43,810
And I would caution them to get the legal advice being provided that is privileged and the

970
01:22:43,810 --> 01:22:46,910
opposing party is in the room in the classroom.

971
01:22:47,550 --> 01:22:49,470
This is an open and public meeting, yeah.

972
01:22:49,650 --> 01:22:52,550
Matt, okay, but I don't want her to wave.

973
01:22:52,810 --> 01:22:55,350
We have finished and you don't just get to start talking.

974
01:22:55,730 --> 01:22:58,370
Well, if you guys are making a fundamental mistake, I think I should.

975
01:22:58,970 --> 01:23:00,610
The public hearing is closed.

976
01:23:00,610 --> 01:23:00,850
Sir.

977
01:23:01,430 --> 01:23:01,570
Okay.

978
01:23:01,710 --> 01:23:04,290
Don't have your turn to give you advice in front of the opposing council.

979
01:23:04,730 --> 01:23:06,050
It's a more opposing party.

980
01:23:06,670 --> 01:23:07,190
Thank you for your question.

981
01:23:07,190 --> 01:23:08,150
That's actually good.

982
01:23:08,350 --> 01:23:08,450
Yeah.

983
01:23:08,650 --> 01:23:12,730
So maybe we make a motion to continue.

984
01:23:15,020 --> 01:23:18,640
Does anyone else have comments that look to share this point?

985
01:23:23,040 --> 01:23:23,180
Yeah.

986
01:23:23,600 --> 01:23:24,320
I still have.

987
01:23:25,080 --> 01:23:25,300
Okay.

988
01:23:25,540 --> 01:23:26,200
A lot of questions.

989
01:23:27,220 --> 01:23:27,560
Yeah.

990
01:23:27,820 --> 01:23:28,940
It's the need to be addressed.

991
01:23:29,380 --> 01:23:34,820
The questions can be maybe held with our council in a closed public discussion.

992
01:23:34,820 --> 01:23:50,160
I'm from the staff and so I can let you know if I feel like the information that you're asking me for is privileged, but there isn't any way for me to know that until I know the question.

993
01:23:50,360 --> 01:23:54,200
Yeah, so for that reason, but please ask.

994
01:23:55,020 --> 01:24:01,440
Well, I don't want to ask now. I think that was good advice by Matt Stewart to not talking about the opposing council.

995
01:24:12,460 --> 01:24:18,290
considering where we are right now, I think we should table it.

996
01:24:20,880 --> 01:24:21,060
So,

997
01:24:23,180 --> 01:24:24,160
what are your thoughts

998
01:24:24,160 --> 01:24:33,140
to him? And yeah, what are your thoughts? I think we should table it. What are your thoughts?

999
01:24:34,480 --> 01:24:44,100
That works. Okay, so I'm having a make-emotion. Okay, make-emotion and the table is

1000
01:24:45,680 --> 01:24:50,690
I'd like to add to the motion that the reason for

1001
01:24:50,690 --> 01:24:55,830
tabling the discussion is that the development agreement in its current state is incomplete,

1002
01:24:57,870 --> 01:25:06,090
contains conflicting language that goes against the intent of the immigration

1003
01:25:06,090 --> 01:25:10,830
can in general plan in current zoning ordinances.

1004
01:25:15,730 --> 01:25:16,970
Is that even way amendment?

1005
01:25:17,370 --> 01:25:17,470
Yes.

1006
01:25:19,810 --> 01:25:21,790
Are we chivaling it to a date specific?

1007
01:25:24,750 --> 01:25:29,750
Tabling it without any specific type of rain?

1008
01:25:30,210 --> 01:25:42,310
I think the date should be following the completion of the agreement, the draft agreement where

1009
01:25:42,310 --> 01:25:43,110
it doesn't have.

1010
01:25:43,110 --> 01:25:43,850
I don't think that's good.

1011
01:25:43,950 --> 01:25:53,450
Missing information, conflicting language, and notes stating that additional research

1012
01:25:53,450 --> 01:25:54,510
needs to be completed.

1013
01:25:59,640 --> 01:25:59,900
I don't know.

1014
01:26:00,660 --> 01:26:00,940
Do you?

1015
01:26:01,420 --> 01:26:01,860
Yeah.

1016
01:26:02,200 --> 01:26:02,520
All right.

1017
01:26:03,200 --> 01:26:03,520
Okay.

1018
01:26:03,580 --> 01:26:04,980
We have a motion and a second.

1019
01:26:06,040 --> 01:26:08,140
Do you have any discussion on that motion?

1020
01:26:09,080 --> 01:26:09,700
Who's seconded?

1021
01:26:10,280 --> 01:26:10,780
We didn't say.

1022
01:26:10,880 --> 01:26:11,140
I don't know.

1023
01:26:11,400 --> 01:26:12,580
I thought you did.

1024
01:26:13,000 --> 01:26:13,400
No.

1025
01:26:13,540 --> 01:26:14,080
I amended.

1026
01:26:14,360 --> 01:26:14,540
Yeah.

1027
01:26:15,080 --> 01:26:15,600
I'll say it now.

1028
01:26:15,600 --> 01:26:22,060
You got a second any for the discussion here your mountain on favor say aye

1029
01:26:22,060 --> 01:26:27,420
Any opposed passes unanimous sleep. Thank you