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[0:13]
Hey, what are you drinking?
[0:15]
>> It's called a zip fizz.
[0:17]
>> Zip fizz.
[0:18]
>> Basically just kind of like an energy
[0:20]
drink, but I already had a monster
[0:22]
today, so
[0:25]
do Oh, nice.
[0:26]
>> G vitamin supposed to give you energy.
[0:28]
Better drinking water.
[0:32]
Looks really fun.
[0:53]
All
[1:03]
right. Call our staff meeting to
[1:09]
for June 11th,
[1:11]
2026 planning commission meeting.
[1:18]
First thing
[1:21]
to do.
[1:24]
» Yeah.
[1:58]
and then
[2:00]
this
[2:03]
one. So the first conditional use permit
[2:06]
request for Mr.
[2:10]
There's been
[2:12]
letters went out. They didn't get to
[2:14]
res.
[2:19]
So we have some resending
[2:23]
litigation
[2:25]
over property line. It seems
[2:31]
I don't know. So we might want to hear
[2:33]
the public comment and maybe depending
[2:36]
on what the concerns that might be so
[2:43]
resction.
[2:50]
» Better safe than sorry.
[2:52]
>> Yeah.
[2:56]
» And I'll I'll resend out if that's the
[3:00]
route you choose to go. I'll resend the
[3:01]
letters out for July so that they have
[3:04]
that updated date. If that's the right
[3:15]
» they're saying the fence is in the wrong
[3:17]
spot and so
[3:18]
>> the fence does this the whole way down
[3:23]
in the wrong spot.
[3:26]
Well, that's he's also that's too tall,
[3:29]
isn't it?
[3:32]
>> Half a foot too tall.
[3:34]
>> Yeah.
[3:39]
» So, it
[3:44]
zone that it's
[3:53]
We can still hear the
[3:56]
public.
[4:08]
» I agree.
[4:09]
>> Alan Car said he'd be here for the
[4:11]
homeowner, so he'll come and speak on I
[4:13]
had called him and he said, "Well, we'll
[4:14]
still be there to hear what's going on."
[4:17]
So, they'll be here as well.
[4:25]
and then next. So any other questions if
[4:29]
we table that does anybody have any
[4:32]
concerns
[4:47]
Next one is just
[4:57]
I didn't see
[5:12]
» this is by our new
[5:16]
>> that's
[5:19]
We change that ordinance next month.
[5:39]
» All right. And then this seems to be the
[5:42]
big one today with a lot of packet
[5:45]
information.
[5:49]
Everybody have a chance to review that?
[5:52]
Any comments or
[5:55]
things they want to discuss about
[6:00]
31 regarding the elevation?
[6:05]
So, I I made a couple of phone calls
[6:07]
today.
[6:10]
I I looked up Weaver County. Weber at
[6:13]
264
[6:17]
2614
[6:19]
>> 42
[6:19]
>> excuse me 42 16 sorry
[6:25]
um it's been a long day I called
[6:28]
Syracuse
[6:30]
talked to their planning zoning they
[6:31]
don't use an elevation metric they use
[6:34]
some different standards where depending
[6:36]
on where you're at bluff
[6:39]
pass on the west side and
[6:42]
You have to do a six month water study,
[6:45]
have the Army Corps of Engineers sign
[6:46]
off on it, and if it's below a certain
[6:49]
level by the Army Corps standards, you
[6:52]
have to pay for a lift station for the
[6:54]
sewer. That pretty much shuts everybody
[6:57]
down. Then they call Farmington.
[7:00]
right now is 42
[7:05]
and they're moving to 4220.
[7:13]
And those, you know, when when I looked
[7:15]
through that letter, a couple from the
[7:18]
attorney, some of the cities they put on
[7:19]
there, like Summit County, I think there
[7:23]
>> How's that helpful? They're totally
[7:24]
different than us anyway.
[7:26]
>> Yeah. So, that's why I wanted to call a
[7:28]
couple that were right.
[7:34]
» I think West Point was
[7:42]
based off
[7:47]
the guy in Farmington, his name's L was
[7:50]
really helpful and he was talking about
[7:55]
a couple feet above that
[7:58]
discussing up to 42
[8:03]
different I don't know what's changing
[8:06]
but they're more concerned the water
[8:07]
comes So, I don't know. This was kind of
[8:09]
a tough one.
[8:13]
You were on
[8:16]
4220
[8:31]
prepared for a short version.
[8:35]
You want to kind
[8:39]
of twice?
[8:40]
>> No, I think it give everybody good
[8:42]
context.
[8:53]
» One thing that's a little different from
[8:54]
Farmington and West Point is our biggest
[8:58]
risk of flooding is the south fork of
[9:00]
the Weaver River before it gets to the
[9:04]
lake.
[9:05]
elevation probably won't flood us
[9:09]
at all
[9:12]
and I think unless I mean
[9:15]
you work there at le county but the
[9:18]
ordinance I read does call that
[9:20]
elevation you said but then they have a
[9:22]
three foot wave action and so they're
[9:24]
really higher than that
[9:25]
>> there's a few yeah
[9:28]
depends who you talk to them see so we
[9:30]
have something in ordinance like the
[9:31]
4215 or 16 I can't remember exactly
[9:33]
which
[9:34]
Then we should go back. We need to be
[9:36]
two foot above that sometime. So
[9:40]
>> 18.
[9:41]
>> Yeah. But really we always have them go
[9:44]
back to like a geo technical study or
[9:46]
engineering study and it kind of depends
[9:49]
where they're at too. So it's we kind of
[9:51]
code is not necessarily like it's good
[9:53]
but it's not good at the same time. I
[9:54]
don't know.
[9:57]
>> Yeah. I'm trying to find
[9:58]
>> it has flexibility.
[9:59]
>> Yeah. A little bit. And I kind of like
[10:01]
that a little bit, but at the same time,
[10:03]
you almost kind of want to cut the sand.
[10:05]
But
[10:07]
>> you said you had the code for the
[10:08]
county.
[10:09]
>> Oh, yeah.
[10:09]
>> What section is it? I was going to bring
[10:10]
you up.
[10:11]
>> What's that?
[10:12]
>> What's the section?
[10:13]
>> Oh, this is really old, but it's the one
[10:15]
that they sent the attorney
[10:19]
in 1986.
[10:20]
>> Oh, yeah.
[10:22]
>> It's old.
[10:23]
>> Actually, it might be the same one,
[10:25]
actually.
[10:29]
» Yeah. 16.
[10:33]
» That's what they all said today.
[10:35]
>> Yeah. 4 through15. And then Yeah. We see
[10:39]
>> what was how finished floor.
[10:40]
>> I think the biggest thing probably if
[10:42]
you want to go through like the example
[10:45]
slide
[10:46]
that that's kind of what I'm getting at.
[10:49]
And as I read the attorney's letter
[10:52]
reviewed those other things, I don't
[10:54]
think we're near as far apart on on
[10:56]
agreeing on what we need as all the
[11:00]
drama has kind of come out to be. But
[11:02]
this basically explains what I'm talking
[11:05]
about and I'm requesting that we make
[11:08]
happen. If you build
[11:11]
uh the houses right at 4215
[11:15]
and we happen to have another gear that
[11:17]
that's the flood
[11:19]
anything that supports the house you got
[11:21]
your road section curb and gutter water
[11:23]
meter drain boxes storm drain is
[11:27]
inundated. It isn't going to drain their
[11:29]
subdivision. If we move the house up to
[11:33]
4220, that gives us a little bit that
[11:36]
five feet gives us room to put this
[11:38]
infrastructure in the ground. If the
[11:42]
flood comes up to our 4215 line, we can
[11:45]
still drain out. Everything still works
[11:47]
and it's not saturated. That's really
[11:50]
the whole point of why we changed it to
[11:54]
4220. Now we can change verbiage or as
[11:57]
long as we achieve that I'm happy. But
[12:00]
that's the real reason that the whole
[12:02]
thing occurred and then switch one more
[12:06]
two more. So this is real world things
[12:10]
we're looking at as we speak. So if you
[12:12]
go over to Austin Ranch, these are the
[12:15]
Austin Ranch lots. And back when Roger
[12:18]
farmed that, there was a I don't know if
[12:20]
it was natural or he scraped the ground
[12:22]
and made it, but there's a big bluff
[12:24]
right here.
[12:26]
Below that is pasture and wetlands and
[12:29]
ponds.
[12:31]
So this the ordinance that's in now
[12:34]
wasn't in place when they developed, but
[12:37]
it just made sense. It was the only way
[12:39]
it worked. And so that's why Tracy and I
[12:43]
decided we should probably get some
[12:45]
clarification on this. Let me explain
[12:47]
the importance of this. So these they're
[12:50]
hard to see. These are 4219 and change.
[12:53]
the back of these lots. That's roughly
[12:55]
the 4220 line. The bottom of this pond
[12:59]
is 4215.
[13:01]
The bank is 4218.
[13:04]
This is our detention basin. The bottom
[13:07]
of it is 4215 as well.
[13:11]
And then on this side, you can see it in
[13:14]
this document. There's a 42 in storm
[13:17]
drain line that comes down and dumps
[13:18]
into that pond. That's this pond.
[13:23]
drains a significant portion of West
[13:25]
Haven and our city. That's a big pipe
[13:29]
for a storm rain pipe. So, if we come
[13:31]
down here and dump it into this pond at
[13:34]
4215's the bottom of it, I don't know
[13:37]
why we would ever want lots down equal
[13:39]
to the bottom of the pond.
[13:42]
So, it kind of is like we stumble around
[13:45]
over these numbers, but it really only
[13:47]
makes sense to build it that way. And if
[13:50]
you go over there and look at it in real
[13:51]
life, it makes sense. I don't know who'd
[13:54]
want their house down equal with that.
[13:57]
When you look at, you know, so this is
[13:59]
the a proposal for the land, the Tori
[14:02]
property coming in. They can still get
[14:05]
their lots. They just need to move this
[14:07]
road up a little bit and bring them
[14:09]
along like Rosson's did. But getting
[14:12]
them clear out in here, I mean, this is
[14:14]
a pond as well. 4215 is clear down here
[14:18]
in the neck where it drains out.
[14:20]
>> I can't imagine we'd want lots down that
[14:22]
well.
[14:24]
>> And I can't make the storm drain work
[14:26]
when it gets that low, right?
[14:29]
>> So, honestly, half the time the design
[14:32]
of the subdivision would push everything
[14:34]
up anyways.
[14:35]
>> Yeah. And I mean, like just thinking
[14:38]
about this from their standpoint and
[14:41]
fairness and I'm happy if we want to
[14:43]
rewrite the ordinance and say we 4215's
[14:46]
still the number because it really is
[14:48]
the basis of our number anyway.
[14:51]
>> Yeah,
[14:51]
>> we start there with our utilities and
[14:54]
work our way up. Wherever they end up
[14:56]
with their lots is where they end up.
[15:00]
>> So, I just think this is either going to
[15:02]
be a great question or really dumb. And
[15:05]
I'll take it either way because I still
[15:06]
want the answer. So, if they're below
[15:08]
that grade, you either can't build on it
[15:11]
or you have to bring in Phil to bring it
[15:13]
up. certain percentage of the fill.
[15:17]
>> And right now there's a there's a caveat
[15:20]
in there about how much filling that
[15:22]
could be written better than it is.
[15:24]
>> So let me tell you our thought process
[15:27]
>> about the fill. So to just keep filling
[15:30]
out and filling out I don't think that's
[15:33]
very
[15:34]
>> wise. The 10% they talked about is
[15:37]
things like this. There's little things
[15:39]
that come up into the ground that is
[15:41]
suitable and it just needs a little bit
[15:43]
of fill in it. We allowed that and I
[15:46]
think the ordinance says up to 10%.
[15:49]
But to just keep filling out, I think
[15:52]
there's a number of problems and you can
[15:54]
probably weigh in on this. One thing I
[15:57]
see with the geotech reports, they're
[15:59]
like, "Yeah, you can fill it, but that
[16:01]
4T of fill is on mush."
[16:04]
>> Yeah. So, like the one for the birds out
[16:06]
there, I I don't quote me on this, but I
[16:09]
believe the geotech says you can build
[16:11]
that up, but you need to X out 20 ft and
[16:13]
put granular fill in in order to support
[16:17]
that. And I'm just like, why do we even
[16:19]
want to go there?
[16:21]
>> And the other problem that I see with
[16:23]
fill is people, it's expensive. If you
[16:26]
buy
[16:27]
>> compactable granular fill, it's going to
[16:30]
cost you more than a lot. But they start
[16:32]
hauling in dirt. other jobs and it
[16:35]
doesn't ever match. You can't get a
[16:37]
proctor to compaction test it. You got
[16:40]
these geotech problems underneath. I
[16:43]
think it's probably just a good thing to
[16:45]
avoid.
[16:48]
» I
[16:50]
Yeah, the biggest thing is making storm
[16:52]
drain work. I mean, you don't want pumps
[16:54]
for storm drain.
[16:55]
>> No, never.
[16:56]
>> And so that's going to kind of naturally
[16:57]
bring stuff up anyways the further you
[16:59]
get out west.
[17:01]
And it does change a little bit as you
[17:03]
come across town like the like when you
[17:05]
get to West Point. They're more
[17:07]
endangered by the lake or the slooh.
[17:09]
>> Sure.
[17:10]
>> Ours is the way from the other
[17:12]
direction.
[17:15]
» So I'm not opposed to some clarification
[17:18]
or some change. I just those are the key
[17:20]
things that are important to us that the
[17:23]
drought we're in, you probably could go
[17:24]
build a house out there and be just fine
[17:26]
for but one day you won't be according
[17:28]
to the people that this. So
[17:33]
>> that's I think a crucial point of it too
[17:35]
is like we don't want to make drastic
[17:36]
changes in a dry year and think oh we're
[17:39]
going to be fine and then 10 years from
[17:40]
now the weather changes and now we're
[17:43]
already up against it
[17:50]
» from a legal standpoint on their side
[17:54]
with the case law
[17:57]
I guess does that open us up we do
[18:00]
Are we at risk? It seems like if we do
[18:02]
nothing, we're at risk that way. Is
[18:04]
there some middle ground that like Jared
[18:08]
was saying that gets us some of that
[18:10]
language in there and still gets Jared
[18:13]
his
[18:16]
requirements that
[18:18]
to make the water drain system work
[18:23]
along those lines and doesn't expose us
[18:25]
to the risk of those
[18:29]
saw that they mentioned that the other
[18:35]
is there.
[18:46]
» Yeah. And I I wonder too if maybe the
[18:48]
suitability suitability
[18:51]
part of our ordinance isn't the place
[18:52]
for that. Maybe we need a standalone
[18:54]
ordinance about elevation
[18:57]
rather than including it. suitability.
[19:01]
It really deals with a whole bunch of
[19:03]
other stuff.
[19:14]
» He said he was.
[19:20]
» Another question I have for them is they
[19:22]
wanted evidence based finding that I was
[19:26]
just like an expl
[19:28]
those what they would deem as evidence
[19:32]
based from the city standpoint.
[19:36]
What what do they want us to provide
[19:40]
in that case right?
[19:55]
» Yeah. Does the elevation maps that show
[19:57]
the drainage points of ponds at 4215
[20:00]
support that arguments enough to hold up
[20:04]
in court?
[20:05]
>> Which I think it would, but I'm not
[20:06]
looking.
[20:08]
>> There's quite a bit of documentation
[20:10]
that the state
[20:12]
engineers there's a lot of stuff out
[20:15]
there that supports that 425
[20:26]
I guess
[20:28]
>> and common sense. I mean, I would you go to a few of these points. There's a
[20:32]
couple places you look out there and
[20:34]
think, well, probably be all right right
[20:36]
there. But there's I bet at least half,
[20:39]
if not more of these, if you drive out
[20:41]
there and look, you'll be like, "Yeah,
[20:42]
we probably shouldn't be building
[20:43]
subdivisions out there."
[20:45]
>> Yeah. Well, that's why would be feasible
[20:48]
if we built
[20:52]
between certain parameters you need a
[20:54]
study.
[20:55]
>> I was like for even stuff because I know
[21:00]
that the
[21:02]
county has you the health department has
[21:04]
for
[21:06]
just to see how fast it drains the water
[21:09]
soil is different, right? Like is there
[21:11]
something that we can put in there that
[21:14]
would further help provide that evidence
[21:16]
to say
[21:18]
that go and
[21:22]
The hard part I think with like a just a
[21:25]
full on geoteex
[21:27]
if you go study it this year it's going
[21:29]
to tell you it's fine and and it's too
[21:32]
long to say you got it you know if you
[21:34]
don't do it in a relatively wet year I
[21:36]
don't think that's accurate data I think
[21:41]
>> yeah that's what that's why I saw the
[21:42]
problem with Syracuse they wanted a
[21:44]
sixmon water study but if you did it in
[21:46]
the last six months you're fine Yeah.
[21:49]
I hate to tell somebody they can't use,
[21:52]
but
[21:56]
usable. They just have to bring in a lot
[21:57]
of pill.
[21:58]
>> Yeah.
[22:12]
» So, they're looking for us to make a
[22:14]
recommendation to change that will go to
[22:16]
the
[22:22]
I didn't think was all that crazy. I
[22:25]
mean, it's not like we're miles apart.
[22:28]
We may just have to get our attorney and
[22:30]
make sure we're covered on the things
[22:32]
we're worried about. I didn't It wasn't
[22:34]
like
[22:38]
reasonable.
[22:39]
>> I agree.
[22:43]
» Well, that's you know, that's my
[22:44]
concern. Like, you're you're your home
[22:49]
and building out there, then that's kind
[22:50]
of on you. You get a guy like me and I
[22:53]
move out here.
[22:57]
In 10 years from now, I've got to have
[23:00]
six sump pumps in my basement.
[23:03]
I'm not real
[23:06]
scary with this. You want something that
[23:09]
the river and water's coming back at you
[23:13]
from the west.
[23:14]
>> We've got huge pumps out. We can't
[23:17]
>> Well, you're going to pump it into the
[23:19]
pond at the pond's coming right back at
[23:20]
you.
[23:21]
>> One big cycle.
[23:22]
>> Yeah. Mean that big that last big
[23:24]
raintorm last August, whatever it was,
[23:26]
everything was full. Didn't matter where
[23:27]
you're pumping. There you
[23:30]
>> just flood.
[23:31]
One thing that mean comment obviously
[23:33]
the lowest floor like in this area like
[23:36]
no basements at all, right? Like even if
[23:37]
they want to do a basement, put a pump
[23:40]
in there for sewer. Is there something
[23:43]
in that code that says I guess the
[23:44]
slowest low lowest floor height?
[23:46]
>> The counties does and our ours our
[23:48]
subdivision ordinance says they can't
[23:50]
have a basement without land system.
[23:54]
problem is the legislator should change
[23:56]
the state code to say if they have a
[23:58]
geotech
[24:03]
» which I don't disagree with other than
[24:05]
we can certainly do a geotech
[24:12]
» yeah well we had there was a person who
[24:15]
did a study for septic
[24:18]
in like 23 when we had the big wet stuff
[24:20]
didn't pass this now neighbor came in
[24:23]
the past and now that guy's mad. You
[24:25]
have to wait so long before you get your
[24:27]
do your septic feasibility again. It's
[24:30]
kind of funny.
[24:31]
>> Just exactly what you're saying.
[24:33]
>> Just never know.
[24:37]
» Sounds like we have a lot of questions.
[24:47]
Were
[24:56]
they requesting the 4215
[25:00]
or were they just requesting
[25:06]
some new language here?
[25:10]
>> I mean really what they're
[25:11]
>> Yeah, they do have the 4215 in there.
[25:18]
But I I I think everybody agrees on the
[25:21]
4215 part. And like I say, it wasn't
[25:25]
ever our intention to challenge that or
[25:27]
say that's inaccurate. It is. That's
[25:29]
just where we need to start development
[25:32]
of utilities. Not
[25:34]
>> Yeah. So that's that's where the
[25:35]
difference is development of utilities
[25:37]
versus development of house.
[25:41]
>> And so does their 421 they want to go 5t
[25:45]
lower?
[25:46]
>> They want to go houses.
[25:48]
is that is that I guess I'm asking is
[25:50]
that is that how that is
[25:51]
>> really all they're asking for is
[25:53]
clarification on what our standard
[25:54]
means.
[26:11]
a little different.
[26:16]
» Well, I think the Weaver County is most
[26:18]
applicable and it certainly has
[26:20]
provisions in there that allows for
[26:23]
that. 4215 is the bottom and then
[26:26]
there's different conditions that
[26:27]
transit from that.
[26:29]
>> Yeah.
[26:30]
>> And that basically is the same thing
[26:31]
we're doing just in a different.
[26:34]
>> Yeah. And this is saying so no building
[26:36]
can be on that property unless 20,000
[26:38]
foot of it's at 4215. But even then the
[26:40]
lowest habitable floor is at 4216. So
[26:43]
you're still going up a little bit. So
[26:45]
they're saying the property itself has
[26:48]
to be
[26:49]
>> 42
[26:53]
» potential.
[26:53]
>> Yeah. Potentially.
[26:56]
>> Yeah. So they're allowing utilities
[26:58]
below the floor.
[26:59]
>> Yeah.
[27:00]
>> Below the 4250.
[27:01]
>> Yeah.
[27:03]
I don't know that was written in 1986
[27:06]
and there's a section that contemplates
[27:08]
if you're doing septic you got to be 2
[27:11]
feet above that and so much cover and it
[27:13]
puts above 4220
[27:16]
>> and in theory we're not doing septic
[27:18]
anymore but we still have something
[27:20]
drained into that 425 and I think
[27:24]
basically saying the same thing
[27:29]
» 86
[27:32]
>> I was just texting
[27:33]
planner CP editing updated in the code.
[27:38]
I don't know yet. I don't talked about
[27:41]
it a lot at least that we've been
[27:42]
counting but I I like the idea of kind
[27:45]
of maybe having a number like the 416 or
[27:47]
maybe even 17 or something similar to
[27:50]
that anyways but then yeah giving the
[27:52]
maybe a little more flexible as far as
[27:54]
the geotech or as far as the what the
[27:56]
design calls for on the subdivision.
[28:01]
How far below grade is your sewer at
[28:04]
vacuum usually?
[28:05]
>> That's a whole another Oh, I'm not that
[28:07]
worried about sewer because it should be
[28:09]
a sealed system. You could have
[28:12]
influence on the gravity. The gravity is
[28:15]
going to be way below that. Yeah. Like
[28:17]
this gravity right here's 20 ft deep in
[28:20]
branch.
[28:21]
>> Are you having a lift station on this
[28:22]
one then?
[28:24]
>> But the vacuum sewer is not that deep.
[28:26]
I'm not as worried about that as the
[28:29]
storm drain just doesn't work if it's
[28:31]
already full of water when a big storm
[28:33]
comes.
[28:34]
>> Yeah, I think my vacuum's at 36 in.
[28:40]
You feel like type of ground plays into
[28:45]
how soil and things like that change
[28:48]
based off the piece of ground
[28:51]
on where you
[28:53]
>> probably certainly would under normal
[28:55]
conditions but I don't know under that.
[28:56]
I mean we're talking about I don't know
[28:59]
if the lake will ever get that high
[29:01]
again but that's kind of the data we're
[29:03]
working off of.
[29:05]
>> I don't think the soil will matter then
[29:07]
but I mean it would
[29:08]
circumstances that they could
[29:11]
>> I mean
[29:13]
yeah if we're talking about the drain
[29:16]
coming down most storm or whatever
[29:19]
being able
[29:40]
experience. It was like 10 years ago. I
[29:42]
cleaned that main drain with the track
[29:45]
that goes out right to the south fork of
[29:47]
the Weaver River. When we got to the end
[29:49]
of it, you don't realize how flat that
[29:51]
is. And took the last few scoops, the
[29:53]
river ran back halfway up the ditch that
[29:56]
I just cleaned. The water was going the
[29:58]
wrong way. It wasn't a storm. It was a
[30:02]
little bit kind of set in my mind how
[30:05]
flat that is out there.
[30:19]
Jurassic
[30:30]
if you'd like me to prepare. Yeah, I
[30:32]
think that's helpful for everybody
[30:37]
on the same
[30:40]
time.
[30:49]
Call up the representative. Ask
[30:51]
questions. Attorneys
[31:01]
kind of Anything
[31:07]
else you guys want to discuss about
[31:15]
that
[31:20]
risk of
[31:25]
do nothing?
[31:30]
How do we
[31:32]
interest.
[31:39]
Okay. Now, last one is just a discussion
[31:42]
item
[31:45]
for new ordinance. Doesn't look like it
[31:48]
just as discuss. This is around the
[31:52]
group home section
[31:55]
or amendment. So, right now it's just
[31:58]
kind of
[32:01]
group homes are allowed
[32:04]
conditionally everywhere.
[32:07]
So, it's just kind of lumped in there.
[32:10]
We might want to look at more
[32:13]
granular and resial versus commercial.
[32:18]
The one thing that I could see this
[32:20]
benefiting is I think everybody's
[32:23]
retireen
[32:25]
living
[32:27]
there within the residential
[32:28]
neighborhood. I think the
[32:31]
angst that I would have is like you have
[32:34]
your drug rehab center right there in
[32:36]
the middle of your resial area. So how
[32:39]
do we in that in those ordinances and
[32:42]
amendments? How do we balance those two?
[32:48]
situations
[32:59]
by
[33:05]
» I think right now
[33:07]
correct me if I'm wrong ordinance
[33:14]
four
[33:15]
>> y up to four unrelated persons with or
[33:17]
without children living together or
[33:19]
single housekeeping unit or in a
[33:21]
dwelling unit.
[33:29]
» Your guys's thoughts on residential
[33:37]
I know the state
[33:40]
when I was listening to the city council
[33:42]
talk about this the state
[33:45]
won't let you
[33:48]
prohibit some of those in resial
[33:57]
zone. You can control the size
[34:01]
and I don't think it matter what it was
[34:03]
for. It could have been elderly care,
[34:06]
could disability care, could be drug
[34:08]
alcohol, but that you can't limit
[34:12]
where they type.
[34:16]
I guess that's
[34:17]
>> Yeah, if I could interject, it's it's
[34:20]
from the federal fair housing act,
[34:22]
persons with disabilities, which can
[34:24]
include um drug addiction. So, uh so
[34:29]
elderly, um adults with disabilities,
[34:32]
people going through drug treatment, um
[34:36]
troubled youth, uh you know, those they
[34:38]
are all protected as a development use.
[34:42]
You have to allow them anywhere that you
[34:43]
would allow residential development
[34:45]
within the community. However, as has
[34:47]
been mentioned, you can control the
[34:49]
size, you can control things like
[34:52]
parking access, you know, things like
[34:54]
that. But yeah, you have to allow them
[34:56]
that's that's a federal law. You have to
[34:58]
allow them anywhere. You cannot
[34:59]
discriminate against them in any way
[35:02]
that you would
[35:04]
allow any other type of housing.
[35:19]
» I I know some of the stuff they were
[35:21]
having
[35:24]
discussion about was the definition of
[35:26]
family like what how you can control
[35:29]
that so you don't end up with
[35:33]
house.
[35:56]
So they've got limited to four
[36:01]
So that's what they wanted us to look at
[36:06]
the amount of people
[36:12]
» to reduce that number.
[36:16]
There were some other questions in there
[36:27]
for more than eight juveniles under 18y
[36:30]
old. So as you get a little further
[36:31]
down, they start talking about
[36:33]
children's treatment facilities. That's
[36:35]
where they were starting to look into
[36:36]
some of the numbers.
[36:38]
>> You know, not a lot of discussion about
[36:40]
daycare facilities
[36:42]
or dayare
[36:45]
like drug and alcohol treatment
[36:48]
for adult patients there isn't
[36:51]
so like if you read that one drug and
[36:53]
alcohol treatment establishment portion
[36:55]
there isn't a number so provides a
[36:58]
treatment program for adult patient
[37:01]
>> it's on the previous
[37:03]
>> yeah the next
[37:05]
>> goes down
[37:09]
» group of more than 10 people not related
[37:12]
don't
[37:14]
Does that tie to that? I don't think
[37:16]
it's tied to that drug and alcohol
[37:17]
treatment.
[37:18]
>> It's like a new header.
[37:20]
>> Family.
[37:21]
>> Yeah, I agree. That one doesn't have a
[37:23]
quantity.
[37:23]
>> So, I know I think they're looking for
[37:26]
kind of our thoughts on
[37:29]
quantity there.
[37:30]
>> It's funny because every other one has
[37:32]
quantity in it
[37:33]
>> and daycare doesn't either. Oh, no.
[37:35]
Daycare does 12 or 12 individuals.
[37:41]
» Foster care.
[37:45]
7 to 13 children.
[38:11]
I don't know
[38:19]
for the like what is a reasonable
[38:24]
I guess how can they reasonably not
[38:27]
reason but how can they effectively
[38:30]
treat these people like what's the
[38:32]
required amount of space that they need
[38:34]
to administer that treatment process
[38:40]
Are they
[38:46]
trying to find
[38:49]
how many staff they had to have per
[39:03]
children's treatment facility which I'm
[39:06]
not sure how he defile provides
[39:07]
treatment for substance abuse. So that
[39:10]
one for kids all it says is making sure
[39:13]
that they have permanent provisions for
[39:15]
more than 18 or more than eight
[39:17]
juveniles but there's not a maximum on that
[39:26]
provides treatment for substance abuse
[39:31]
include group foster homes with more
[39:33]
than 13.
[39:36]
I think that's kind
[39:43]
of
[40:39]
That's
[40:41]
>> Yeah, I think when they went through
[40:44]
this the first and second time
[40:47]
and they kept talking about that there
[40:49]
is it doesn't go city by city on some of
[40:52]
that stuff that's like state
[40:56]
>> what kind of education what kind of
[41:00]
basically certifications they all that
[41:02]
kind of
[41:09]
multiple people. Each person has 60 ft
[41:14]
room
[41:17]
and then male and females have to be
[41:19]
separated.
[41:26]
You can't mix
[41:29]
in there.
[41:33]
Just looking for numbers. What are your
[41:34]
guys thoughts on the numbers?
[41:52]
» Yeah. So, are we trying to put a maximum
[41:54]
number in there and then if they wanted
[41:55]
to go above the max, they'd have to get
[41:57]
a conditional use?
[42:01]
It's a conditional use max.
[42:23]
This is a discuss
[42:26]
Attention.
[42:56]
Amendment
[43:07]
specific.
[43:18]
So
[43:22]
I don't know that
[43:26]
Because you can be court ordered into
[43:30]
a facility. The way this reads,
[43:34]
placement of group home facility shall
[43:36]
be on a strictly voluntary basis
[43:39]
and
[43:41]
part.
[43:54]
That's what I'm
[44:06]
speaking.
[44:22]
That applies to
[44:25]
examples that we have
[44:29]
next
[44:44]
for that process.
[44:49]
I think so.
[44:57]
I mean they've already covered under
[45:00]
that 1026 the approval process basically
[45:04]
if it's four or less they don't need a
[45:07]
conditioner
[45:15]
there's just no
[45:26]
The definition doesn't give it max.
[45:35]
Sorry.
[45:42]
group home for the elderly is eight or
[45:45]
fewer
[45:46]
>> and same with disability
[45:48]
is eight
[45:49]
>> elderly person I do kind of object that
[45:51]
they're using age 60 for elderly
[45:57]
» rightamilies
[46:05]
or children
[46:08]
there's
[46:10]
no no max ones
[46:17]
or even definition
[46:37]
children's treatment facility.
[46:40]
This is more than
[46:48]
there's
[46:50]
no max
[46:58]
treatment.
[47:00]
Daycare home does say
[47:03]
wear more than six but no greater than
[47:06]
12 individuals.
[47:11]
screens.
[47:26]
» Yes,
[47:28]
there's there's no min
[47:32]
alcohol treatment facility. Well, it's
[47:34]
four or less.
[47:36]
The way I read the way I read this is
[47:38]
because we don't allow it at all.
[47:43]
So you can only have a group home if
[47:46]
it's for the elderly or person
[47:47]
disabilities. I'm reading what 102B-6A
[47:53]
placement in a group home facility which
[47:55]
my mind is the disability or elderly not
[48:00]
confinement rehab or treatment
[48:03]
facility. So the way I read that is we
[48:05]
don't allow it anyways.
[48:08]
>> Trouble if they consider a drug.
[48:10]
>> Yeah. And that's what I guess understand
[48:11]
that that's why there's no min because I
[48:13]
don't think it's saying it's
[48:15]
>> the max is zero.
[48:16]
>> Yeah.
[48:20]
» For the approval process.
[48:22]
>> Yeah.
[48:25]
So anything over four, it's just not
[48:27]
even addressed. It's saying we don't
[48:29]
even allow it.
[48:31]
>> Yeah.
[48:33]
>> They don't need to do anything.
[48:39]
» I just need to
[48:42]
talk about it more as far as if they're
[48:44]
allowing the confinement rehab
[48:47]
treatment. If they are, they need to
[48:49]
find that and then give some min work.
[48:53]
>> Yeah.
[49:05]
I would like to see what some of the
[49:08]
other cities are doing. So, we're not
[49:09]
just throwing out arbitrary numbers
[49:12]
how we feel.
[49:13]
>> Yeah.
[49:25]
» Great.
[49:33]
are
[49:48]
» you're going to have a busy evening.
[49:49]
>> That's great.
[49:50]
>> Perfect. Huh?
[50:00]
Or do we want to give them time for the
[50:02]
general plan update?
[50:03]
>> Yeah,
[50:05]
>> you're good.
[50:07]
>> We can be fast.
[50:09]
>> It's a 12step plan.
[50:12]
» It's at the very very top.
[50:19]
» It's okay.
[50:21]
>> Um, well, I'm Jenny and this is Brian.
[50:23]
We work with J engineers and we're going
[50:25]
to be part of your team to help you with
[50:26]
the general plan update. Um we've been
[50:30]
meeting mayor, we met with Jared, we met
[50:32]
with Malcolm and have kind of started to
[50:34]
get this kicked off. We have our first
[50:38]
kind of action item that we have for
[50:40]
everyone is we sent around kind of a
[50:43]
steering committee list for to us to
[50:45]
gather around and get people
[50:47]
to attend that as be part of our Yeah.
[50:50]
steering committee working group to help
[50:52]
guide this plan and implement kind of
[50:54]
the city's vision in this. Um so we have
[50:57]
suggested members, some that are city
[50:59]
staff. Um mostly we would like community
[51:03]
representatives, so lifelong Her
[51:05]
residents, newer residents, younger,
[51:07]
older, um agriculture representation um
[51:11]
as well as you guys are also updating
[51:15]
your parks and um active transportation.
[51:19]
So any, you know, youth sports
[51:22]
organizations,
[51:23]
um, trails, bikes enthusiasts, stuff
[51:25]
like that. So, we've sent that over to
[51:28]
the city, and I'm not sure if it's made
[51:29]
its way over to you guys as well, but
[51:31]
we're hoping that get a good list of
[51:33]
people. It can be multiple people per
[51:35]
category because we're need to make
[51:37]
those invitations. Some people might be
[51:38]
able to participate, some people might
[51:40]
not. Um, so hopefully you guys have that
[51:43]
and can start filling that out. I think
[51:45]
we met with the city on Monday to
[51:49]
discuss when we wanted that list filled
[51:51]
out and back to us. So hopefully um next
[51:55]
week you guys can have a good list for
[51:57]
us to start making those invitations
[52:00]
um to participate and then Brian can
[52:04]
kind of go over like what the general
[52:05]
plan update is for you guys, what's
[52:07]
required, what we'll be looking at and
[52:09]
stuff.
[52:10]
>> So question question before we get too
[52:12]
far. So we did we received an email the
[52:15]
mayor on Tuesday
[52:17]
>> and she wants to list input by Monday.
[52:22]
Why that Monday deadline?
[52:24]
>> Um
[52:25]
>> we can extend that. It is really fast.
[52:27]
Um we can extend it to probably the end
[52:30]
of the week. That way we they want to
[52:32]
have the steering committee first
[52:36]
meeting sometime in July. We are also
[52:38]
putting together a survey for the city.
[52:40]
So having the steering committee's input
[52:43]
on the questions that go out is good as
[52:46]
well.
[52:46]
>> So when you say they, it is they
[52:48]
>> they as in the steering committee and
[52:50]
they as in the city
[52:52]
>> council also has to approve all those
[53:00]
agenda.
[53:07]
So, so you're you're wanting us to
[53:12]
try and find volunteers for this or
[53:15]
>> suggestions. So, you don't have to go
[53:17]
out and make those connections and ask
[53:19]
them if they want to be in the steering
[53:21]
committee. Just everyone here has
[53:22]
different touch points with people in
[53:24]
the city who they think would be a good
[53:26]
representation for this. And so, just
[53:29]
putting together suggestion list, Brian
[53:31]
and I will make the contact with them.
[53:34]
>> Okay. And all you need is res names or
[53:37]
do you need phone numbers and addresses?
[53:39]
>> Um, phone numbers, addresses, emails,
[53:41]
contact information if you can so that
[53:42]
we can contact them and ask.
[53:46]
>> And you want one from each of us
[53:47]
individually or do you want us to have
[53:48]
one as a collaborative group?
[53:50]
>> Um, as a collaborative group, if that
[53:53]
works best for you if you don't you
[53:55]
don't have to fill out every single one.
[53:57]
If you have someone in one category and
[53:59]
someone has you can work off the same
[54:01]
spreadsheet.
[54:02]
>> Perfect.
[54:03]
>> So, we want to have a shared spreadsheet
[54:04]
that we all input to.
[54:09]
Yeah, probably.
[54:10]
>> I think we do our own sort.
[54:14]
>> Yeah. So, we'll just send our own and
[54:15]
you guys can put them together because
[54:16]
we can't collaborate.
[54:17]
>> Yeah,
[54:18]
>> good point.
[54:21]
» So, good. That's why he's our chair.
[54:25]
>> Um, yeah, we have other public outreach
[54:28]
activities planned, open houses. We plan
[54:31]
to ban tomato days, feed the parks as
[54:34]
much as we can, getting people involved,
[54:36]
having their input on the plan. So,
[54:38]
>> okay, perfect.
[54:40]
Um, so the intent of the process is uh
[54:42]
to just kind of help provide some
[54:44]
content updates to the general plan. The
[54:46]
last plan was written four almost five
[54:49]
years ago. And so there are a couple of
[54:51]
just we want to do refresh on like the
[54:54]
statistical estimates. You know, we'll take a look at population
[54:57]
projections again.
[55:00]
changed much since uh the last five
[55:02]
years. Um we want to update your
[55:06]
moderate income housing section to make
[55:08]
sure that that's compliant
[55:10]
uh within and up to date with state code
[55:13]
and and the the city you're not quite
[55:16]
there yet, but you're getting close to
[55:18]
the point where the city is required to
[55:19]
produce a water use and preservation
[55:21]
plan. Um and so we can kind of set the
[55:24]
groundwork for um
[55:28]
putting that in your general plan. So
[55:30]
that once once you do trigger that, you
[55:33]
hit that 10,000 um person population
[55:37]
threshold and then the state's going to
[55:39]
require you to include that the document
[55:41]
so we can we can start getting you prep
[55:44]
on having that information available so
[55:46]
that when you hit that threshold
[55:49]
it's easier to comply. Yeah. So um but
[55:52]
then you know mostly we want to look at
[55:54]
um just what what kind of uh what kind
[55:57]
of tools do you need to be making land
[55:59]
use decisions. There are a lot of you
[56:02]
know there's there's a lot of potential
[56:03]
change um going on with with a potential
[56:06]
new commercial center um or large
[56:10]
commercial businesses coming to town.
[56:11]
You've got the new highway uh you know
[56:14]
the west side corridor highway coming
[56:16]
through in the next
[56:18]
probably 5 to 10 years. on the side of
[56:21]
that. Um, you know, those are going to
[56:22]
bring some big changes and uh the the
[56:25]
mayor at least and and talking with
[56:28]
Malcolm, you know, we there's a sense
[56:31]
that your current zoning code isn't
[56:34]
providing enough options to deal with
[56:37]
diversified need in housing, diversified
[56:40]
need in commercial and and other retail
[56:42]
services and things. Um, so we want to
[56:45]
kind of just get some ideas on on, you
[56:47]
know, what types of uh what types of
[56:49]
development do you think would be
[56:51]
compatible um
[56:54]
scalewise and and locationwise and and
[56:57]
how can we come up with with kind of a a
[57:00]
more
[57:02]
um
[57:04]
a more varied toolbox for you, you know,
[57:06]
to use to try and and find ways to
[57:10]
accommodate development that that you
[57:12]
think is going to fit the community's
[57:13]
character.
[57:15]
Um, and then
[57:19]
we've also got a sub consultant working
[57:20]
with us who's going to do some economic
[57:22]
analysis to try and provide some ideas
[57:26]
on on what the costs and benefits are to
[57:29]
providing opportunity for these
[57:32]
different types of development. How can
[57:33]
we how can we make um different
[57:37]
varieties of housing? How can we work
[57:40]
with uh developers to help different
[57:42]
variet varieties of housing fit into the
[57:44]
community and and not be a burden? Um
[57:47]
how can we encourage uh commercial
[57:49]
retail broad the tax base and services
[57:52]
available for residents?
[57:54]
>> So who can we get an email from where we
[57:57]
can send our suggestions?
[58:03]
» I think it's important to make sure that
[58:06]
we're not people think
[58:13]
» it has to be very diverse.
[58:16]
>> Thank you.
[58:18]
>> But
[58:22]
yeah, we want we want a good broad
[58:24]
representation of the community.
[58:26]
>> I like it.
[58:29]
>> By Monday.
[58:29]
>> How often do those communities meet?
[58:33]
>> Um it's varied. You know, meeting often
[58:37]
can kind of be a scope strain on like
[58:40]
what you guys can afford, but it depends
[58:43]
on how far we get with each group. If we
[58:45]
have to do shorter, but more frequent or
[58:47]
longer and fewer in between, it really
[58:50]
depends.
[58:54]
» Yeah, we're kind of targeting one a
[58:56]
month.
[58:56]
>> Yeah.
[58:57]
>> See how that goes.
[59:03]
» Yeah. Yeah. That's the kind of
[59:04]
commitment that we're asking from is
[59:05]
maybe an hour or two.
[59:08]
How long would this process thinking
[59:10]
take?
[59:10]
>> The timeline is a a year.
[59:13]
>> Actually, we're trying to see if we can
[59:14]
get it done in in 8 to 10 months, you
[59:16]
know, by uh
[59:19]
yeah, January, February.
[59:23]
Have you draft documents ready to start
[59:25]
putting through the adoption process?
[59:37]
Thanks for helping us out. You did
[59:40]
great.
[59:40]
>> Oh, yeah. Yeah. Put you in for an hour
[59:43]
over time.
[59:44]
>> I'll just uh I'll
[59:54]
move.
[1:00:03]
Thank you.
[1:00:09]
>> Good to see you.
[1:00:11]
>> You see Taylor tomorrow?
[1:00:20]
» Yeah, he's in Yellowstone.
[1:00:26]
Yeah.
[1:00:38]
» It's fascinating.
[1:01:12]
This is
[1:01:16]
really
[1:01:41]
places.
[1:01:55]
That's
[1:02:07]
» right. We'd like to welcome you all out
[1:02:09]
to our June 11th, 2026 Cooper City
[1:02:13]
Planning Commission agenda. I'm
[1:02:16]
Commissioner McCormick. I'll call the
[1:02:17]
meeting to order. Um to begin, we'll
[1:02:20]
have a pledge of allegiance led by
[1:02:24]
Commissioner Denny and then a prayer
[1:02:27]
given by Commissioner W.
[1:02:30]
Please stand.
[1:02:33]
>> Recording in progress.
[1:02:36]
>> I aliance to the flag of the United
[1:02:40]
States of America and to the republic
[1:02:43]
for which it stands. One nation under
[1:02:46]
God, indivisible, with liberty and
[1:02:49]
justice for all
[1:02:58]
like to thank
[1:03:03]
heavenly father. We grateful for this
[1:03:05]
time that we have to come together to
[1:03:07]
discuss matters of the city and we're
[1:03:10]
grateful for this wonderful gift that we
[1:03:11]
have to to do this in this wonderful
[1:03:13]
country and state. We ask a special
[1:03:15]
blessing that we could be guided and and
[1:03:18]
as we talk about these items on this
[1:03:19]
agenda today that we can listen to the
[1:03:22]
residents and be mindful and and make
[1:03:25]
good decisions here today. Once again,
[1:03:27]
we're grateful for this wonderful place
[1:03:28]
that we live and we say in the name of
[1:03:30]
Jesus Christ. Amen. Amen.
[1:03:35]
Thank Commissioner Denny and
[1:03:36]
Commissioner White for providing those
[1:03:37]
for us. On to the first item of consent
[1:03:42]
is the approval of the minutes dated May
[1:03:44]
14th, 2026.
[1:03:49]
I don't see any issues or anything. So,
[1:03:51]
I'll make a motion to approve the
[1:03:52]
minutes dated May 14th, 2026.
[1:03:55]
Second that motion.
[1:03:56]
>> We have a motion from Commissioner White
[1:03:58]
and a second from Commissioner Bates.
[1:03:59]
All in favor? I
[1:04:01]
>> I
[1:04:02]
>> motion passes. Okay. So now on to our
[1:04:05]
first action
[1:04:07]
item is a conditional use permit request
[1:04:11]
for Jeb Jed Debbach for an oversized
[1:04:14]
structure located at 4704 South 5950
[1:04:18]
West. Request is for 3000 square ft with
[1:04:21]
the height of 25.6. We'll turn some time
[1:04:24]
over to staff to give a presentation on
[1:04:26]
the request.
[1:04:30]
Okay. So, as you can see there on the
[1:04:32]
application, he applied for that 3,000
[1:04:34]
square ft. The height structure of 25
[1:04:37]
and a half. So, the conditional use
[1:04:39]
permit is for both of those. Um, stating
[1:04:42]
he'll be using it for storage. No
[1:04:44]
plumbing or electricity or business use
[1:04:47]
is in there. Um, I've attached the
[1:04:50]
rendering of what it looks like, the
[1:04:52]
three bays and the van door. And then as
[1:04:55]
far as the site plan on the right, it
[1:04:56]
just shows all the setback requirements
[1:04:58]
that it's following and then just where
[1:05:01]
it'll sit back from the house.
[1:05:05]
Thank you. We will now I'll now
[1:05:09]
entertain a motion to enter a public
[1:05:12]
hearing on this conditional use permit.
[1:05:20]
So
[1:05:23]
» a motion from Commissioner Bates and
[1:05:25]
second from Commissioner Woodson. All in
[1:05:27]
favor?
[1:05:28]
>> I.
[1:05:29]
>> Okay. So now we are in a public hearing
[1:05:32]
for the conditional use permit. If we
[1:05:34]
could have
[1:05:37]
as you come forward, please state your
[1:05:38]
name if you're a resident and then you
[1:05:42]
will have three minutes to comment on
[1:05:45]
the conditional use permit.
[1:06:03]
I'm Carla Austral.
[1:06:09]
Um, I'm just really disappointed in you
[1:06:11]
that you didn't take this off the agenda
[1:06:13]
today because the state law requires 10
[1:06:16]
days. The envelopes were postmarked June
[1:06:20]
8th, which was Monday. We got our
[1:06:22]
letters yesterday. That did not give us
[1:06:25]
10 days. That gave us one day to look at
[1:06:27]
this, to think about it, and to figure
[1:06:29]
out how it's going to affect us. I live
[1:06:31]
directly behind him, and I've met you.
[1:06:33]
You're a nice guy. But that's a monster
[1:06:36]
shop. That's like two and a half times
[1:06:38]
the normal size of a shop.
[1:06:42]
It is going to affect my property. It is
[1:06:44]
going to shade it. It's going to take
[1:06:46]
away the sunlight from my garden, from
[1:06:48]
the grass, from my chickens, from
[1:06:51]
everything. That is huge. And I realize
[1:06:54]
that he has his race cars and wants a
[1:06:56]
place to store them, but that is just
[1:06:59]
really huge for a backyard shop. And
[1:07:04]
again, we're really disappointed that
[1:07:06]
you didn't give us a chance to uh think
[1:07:08]
about it and really talk to others about
[1:07:10]
it first.
[1:07:16]
Thank you.
[1:07:20]
» Any other public comment?
[1:07:29]
» My name is Kitty Peacock. Um, I live
[1:07:33]
next door to you and I agree completely
[1:07:35]
with Cara that we got one day notice. I
[1:07:38]
don't know how big this thing is. Um,
[1:07:43]
Why does it have to be so tall if it's
[1:07:46]
for cars? I don't know because I haven't
[1:07:49]
had a chance to look in. I haven't had a
[1:07:51]
chance to talk to anybody.
[1:07:53]
My view of Hooper is now gone. It's
[1:07:57]
gone. I've lived here for 20 years.
[1:08:01]
Um I realize that there's going to be
[1:08:03]
growth. Things are going to change, but
[1:08:06]
this this is
[1:08:09]
pretty massive.
[1:08:11]
That's all I have to say.
[1:08:16]
» Thank you. Thank you.
[1:08:22]
» Any other comment?
[1:08:26]
All right. I'll entertain a motion to
[1:08:28]
close the public comment.
[1:08:32]
A motion to close.
[1:08:36]
» Second. I have a motion from
[1:08:38]
Commissioner Denny and a second from
[1:08:40]
Commissioner Wson to close public
[1:08:41]
comment. To close public comment, all in
[1:08:44]
favor?
[1:08:44]
>> I I
[1:08:47]
>> Sorry, I should have preface that. We
[1:08:48]
did discuss this in our in our work
[1:08:51]
meeting. Um the letters were sent out um
[1:08:56]
with enough time to get there, but they
[1:08:58]
didn't get there in time. And so we
[1:09:00]
discussed for this reason tableabling
[1:09:03]
this request so the letters can be sent
[1:09:05]
out and give you guys proper notice on
[1:09:09]
this. We just wanted to get the public
[1:09:11]
comment first and sorry I didn't make
[1:09:15]
that clarification in that sense. Um
[1:09:20]
but that was our discussion in in work
[1:09:22]
meeting earlier today. Um is there a
[1:09:25]
representative from
[1:09:27]
uh the represent
[1:09:30]
Mr. Debbach to come forward to the mic
[1:09:31]
that we can ask questions for
[1:09:37]
Alan Caron contractor.
[1:09:41]
>> This is J here.
[1:09:43]
>> Thank you.
[1:09:44]
>> So the reason asking for height is is
[1:09:47]
that some of his trailers are tall to
[1:09:50]
get the tall get the pitch and
[1:09:51]
everything that needs to be that tall
[1:09:52]
and we're only six inches taller than
[1:09:56]
what your ordinance already allows. on
[1:09:58]
the on the height. So that's why sorry
[1:10:02]
it's tall but if you go there and look
[1:10:04]
there's other people around there have
[1:10:06]
big build buildings too. In fact most of
[1:10:08]
the people who are looking for happy
[1:10:09]
robots are looking to put a shop or
[1:10:11]
something up.
[1:10:13]
Any other questions you have of us?
[1:10:21]
No.
[1:10:22]
>> Thank you.
[1:10:27]
I'll now bring this back to the
[1:10:29]
commission for discussion and motion.
[1:10:33]
>> So, how how much larger is this than
[1:10:35]
they allow space?
[1:10:37]
It's 500 ft bigger.
[1:10:41]
>> So, currently right now in our two zone,
[1:10:44]
the ordinance states that you can have a
[1:10:46]
2500 square foot um accessory going
[1:10:50]
accessory structure and so this request
[1:10:52]
is for 3,000 square feet. 500 square f
[1:10:55]
feet and then the like I mentioned
[1:10:57]
before half a foot higher than what our
[1:11:00]
ordinance allows on the height.
[1:11:08]
I do apologize that you didn't get the
[1:11:10]
letters on time and I do apologize for
[1:11:13]
you guys because that puts you guys back
[1:11:15]
another month on constructions and
[1:11:18]
having you come back to this meeting
[1:11:19]
again. I understand there's mistakes, I
[1:11:22]
guess.
[1:11:24]
uh puts both of you in in kind of a bad
[1:11:26]
spot, but to protect us from a
[1:11:28]
standpoint, I feel my thought is is to
[1:11:32]
give the residents their 10day notice
[1:11:35]
would be the the right thing to do if
[1:11:37]
anybody has anything else.
[1:11:39]
>> If if we do table this, we can also have
[1:11:42]
another public hearing. Correct.
[1:11:47]
» Yeah, that's correct. You're not
[1:11:49]
required to because you've had one
[1:11:50]
tonight, but you can always have a
[1:11:52]
public
[1:11:54]
on this.
[1:12:02]
» Okay. I'm going to go ahead and make a
[1:12:04]
motion that we table the request for a
[1:12:05]
conditional use permit uh from Mr. Jed
[1:12:08]
Debbach.
[1:12:10]
Sorry, am I getting the name correct?
[1:12:13]
Thank you.
[1:12:13]
>> It's been said worse, but yeah.
[1:12:17]
Uh, and with that tableabling, I would
[1:12:20]
like to propose that this reappear on
[1:12:23]
the soonest agenda possible with another
[1:12:27]
public hearing for local residents to
[1:12:30]
have a decent amount of time to comment.
[1:12:35]
Second. Have a motion from Commissioner
[1:12:38]
Bates, a second from Commissioner Wait.
[1:12:40]
All in favor?
[1:12:41]
>> I.
[1:12:42]
>> Okay. motion has been or it has been
[1:12:45]
tabled. All right, on to our next
[1:12:48]
conditional use permit for James Upshot
[1:12:51]
for an oversized structure located at
[1:12:53]
4483 South 5,400 West. The request is
[1:12:58]
for 2900 square ft. And we'll turn some
[1:13:00]
time over to staff to give a
[1:13:03]
presentation on this request.
[1:13:07]
Okay. So, up in the top left again, you
[1:13:10]
can see the square footage structure
[1:13:12]
request 2,900 ft. The height of the
[1:13:14]
structure is 22 and 4 in. So, he is just
[1:13:18]
requesting the conditional use for the
[1:13:20]
square footage. Um, he's stating it will
[1:13:22]
be used for storage for an RV tractor,
[1:13:25]
household items. Um, plumbing will not
[1:13:28]
be installed as of right now.
[1:13:30]
Electricity will be and will not be used
[1:13:32]
for business as of right now. Um, on the
[1:13:35]
right, you can the site plies following
[1:13:37]
the setbacks that are needed and
[1:13:39]
required and then just that bottom left
[1:13:41]
image of the the rendering of the
[1:13:43]
building.
[1:13:46]
» Thank you. And before public hearing,
[1:13:49]
I'm going to have the is there a
[1:13:51]
representative from Mr. Shaw to come
[1:13:53]
forward and maybe answer our questions
[1:13:55]
before we go into public hearing and
[1:13:57]
then we can go into that to maybe do
[1:14:00]
that.
[1:14:01]
>> Absolutely. And Diana Shaw and he has a
[1:14:03]
better half.
[1:14:05]
You got the 18 tonight.
[1:14:08]
>> Any additional questions on this? And
[1:14:10]
it's the lean tube that's making it this
[1:14:12]
size.
[1:14:16]
Any questions I can answer?
[1:14:21]
I think it looks like a great building.
[1:14:22]
I didn't have any questions, but just
[1:14:26]
pretty straightforward.
[1:14:28]
>> Thank you.
[1:14:29]
Right now, I entertain a
[1:14:31]
motion to enter a public hearing for the
[1:14:33]
conditional use permit for James Up.
[1:14:39]
» I'll make a motion to enter a public
[1:14:40]
hearing for this conditional use permit
[1:14:44]
for James.
[1:14:46]
>> Second motion motion from Commissioner
[1:14:48]
Wait, a second from Commissioner Bates.
[1:14:50]
All in favor?
[1:14:52]
>> I.
[1:14:53]
>> Okay, residents, we are now in public
[1:14:55]
hearing. You will now have the
[1:14:56]
opportunity to come forward. Please
[1:14:57]
state your name and your Herp City
[1:15:00]
resident, if you want to make a comment,
[1:15:02]
you'll have three minutes. Please watch
[1:15:05]
um Jamie and she'll give you your time.
[1:15:15]
Seeing no public comment, I'll entertain
[1:15:17]
a motion to close public comment. Move
[1:15:20]
to close public comment.
[1:15:22]
>> Second.
[1:15:23]
>> I have a motion. A motion from
[1:15:26]
Commissioner Denny and a second from
[1:15:27]
Commissioner Woodson. All in favor?
[1:15:29]
>> I
[1:15:31]
>> Okay, we're now back um for discussion
[1:15:36]
on the conditional use permit for James
[1:15:38]
Upshaw. Is there any other discussion
[1:15:41]
items? This one looked pretty
[1:15:42]
straightforward to me.
[1:15:50]
I don't feel like the 400 ft is
[1:15:51]
excessive and I feel like it fits nicely
[1:15:54]
on there. So,
[1:15:58]
Is the access I didn't know I should ask
[1:16:00]
when you're up here. Is the access
[1:16:01]
similar to where your driveway is for
[1:16:04]
the home or on different sides?
[1:16:06]
>> Yes, it is on the same side as the
[1:16:07]
driveway. It's an additional 30 ft and
[1:16:09]
it would be concrete all the way back to
[1:16:11]
the building.
[1:16:13]
>> We're also lighting that area. Motion
[1:16:16]
lighting.
[1:16:21]
I'll make a motion to approve the
[1:16:24]
conditioning permit for James up shop
[1:16:26]
for the oversized structure located 4043
[1:16:29]
South 5400 West.
[1:16:32]
I'll second. We have a motion from
[1:16:34]
Commissioner White and a second from
[1:16:36]
Commissioner Denny. All in favor?
[1:16:38]
>> I.
[1:16:39]
>> Motion passes.
[1:16:42]
Okay. Now on to
[1:16:45]
uh item number item C. the request to
[1:16:49]
amend the Hiler to Hiler city code
[1:16:51]
10-4A-31.
[1:16:54]
The request is to change the elevation
[1:16:56]
line from Smith Nullles attorney. Um I'd
[1:17:00]
like to turn some time over to our
[1:17:03]
public works director Jared Hancock to
[1:17:05]
kind of give a presentation kind of get
[1:17:08]
everybody
[1:17:09]
on the page of what this request is
[1:17:11]
entailing.
[1:17:14]
>> Okay. So there there's a a development
[1:17:17]
elevation line that's long been
[1:17:20]
acknowledged throughout the county and
[1:17:22]
on the the lake shore there at 4215.
[1:17:28]
So I just put a few things together
[1:17:32]
there for the history of it. So the
[1:17:34]
elevation line's been recognized as the
[1:17:37]
threshold for development in our region
[1:17:40]
along the Great Salt Lake and
[1:17:41]
surrounding tributaries and SLOs. I
[1:17:43]
think as we discussed in
[1:17:47]
work meeting that may go up a foot or
[1:17:50]
two here and there but uh for the most
[1:17:52]
part that's been long recognized as the
[1:17:55]
threshold where we don't develop below.
[1:17:58]
Um to my knowledge nobody on either side
[1:18:01]
of this discussion is challenging that
[1:18:04]
4215 line.
[1:18:07]
Um as the city begin to see development
[1:18:10]
ideas and pressure in those lower
[1:18:13]
elevation areas. Um there were concerns
[1:18:16]
about how the 4215 elevation line was
[1:18:20]
being applied to the new development.
[1:18:23]
Um developers of course wanted to
[1:18:25]
maximize their developable property and
[1:18:28]
built the lots right down to the 4215
[1:18:32]
elevation line.
[1:18:34]
The city argued that the infrastructure
[1:18:36]
was part of the development and the
[1:18:39]
underground utilities needed to be
[1:18:42]
included in the design above 4215
[1:18:46]
particularly the drainage.
[1:18:49]
So this this clarification
[1:18:52]
uh is basically what I'm going to call
[1:18:55]
it to the 4220
[1:18:58]
um was purposely done during the general
[1:19:01]
plan update uh There were other
[1:19:04]
ordinances being updated and addressed
[1:19:07]
at the time and we thought that was the
[1:19:10]
best time to make a broad adjustment
[1:19:15]
rather than being reactive to a
[1:19:19]
submission from a developer.
[1:19:22]
So that that's why that was done. So
[1:19:24]
I've I've heard a lot of opinions and
[1:19:27]
arguments about this and I want to be
[1:19:30]
crystal clear. This was never uh
[1:19:34]
intended to alter, redefine or move that
[1:19:37]
425
[1:19:38]
elevation line. That is the basis for
[1:19:41]
the 4220 argument.
[1:19:46]
Um the the main objective that I see
[1:19:49]
from the public works perspective on the
[1:19:52]
line is to raise the lots and structures
[1:19:56]
doesn't matter so much as that we need a
[1:19:58]
drainage above that 4215 so that it'll
[1:20:02]
function.
[1:20:05]
So this is a little drawing that I hope
[1:20:08]
makes it a little bit easier to
[1:20:09]
understand what I'm talking about. So
[1:20:12]
you can see the the tops in there. We've
[1:20:15]
got the house built right down to the
[1:20:16]
4215.
[1:20:18]
Um we got that flood plane coming up.
[1:20:21]
You can see to the right that it shows
[1:20:24]
the street section and a water meter,
[1:20:27]
curbon gutter, storm drain box, and and
[1:20:29]
a pipeline that would represent the
[1:20:32]
outflow. Um, if the water comes up,
[1:20:36]
which we're supposed to anticipate with
[1:20:39]
this 4215 line and all that
[1:20:42]
infrastructure below that, it will not
[1:20:44]
work. It won't function. It'll already
[1:20:46]
be full of water perhaps when the
[1:20:48]
residents need it to drain the worst.
[1:20:51]
Um, you can see the next example down.
[1:20:54]
If we hold that house up just a little
[1:20:56]
bit, um the infrastructure there, the
[1:21:00]
drain boxes and have our outflow above
[1:21:03]
that for 215 that gives the
[1:21:06]
infrastructure the opportunity to drain.
[1:21:09]
Um I also want to kind of bring up we're
[1:21:12]
talking about here we talk about these
[1:21:14]
numbers and maps and different things.
[1:21:18]
We're basically talking about if the
[1:21:20]
water level is this carpet, we want the
[1:21:22]
houses as high as the
[1:21:24]
We're not asking about a lot. We just
[1:21:27]
need a little bit of room there to fit
[1:21:28]
that infrastructure.
[1:21:31]
Um, a couple of things that are
[1:21:33]
important to consider, especially I in
[1:21:36]
work meeting, we talked about some other
[1:21:38]
cities elevations and different how
[1:21:42]
people are looking at this. So the 4215
[1:21:45]
elevation is based on the historic Great
[1:21:48]
Salt Lake level. The biggest risk of
[1:21:52]
catastrophic flooding to Hooper is
[1:21:54]
actually not the lake itself, but the
[1:21:57]
south fork of the Weaver River, which is
[1:21:59]
a contributo to the lake. Um, the flood
[1:22:04]
elevations are higher along the river.
[1:22:06]
And I think in that memo I sent you,
[1:22:08]
there's a snippet from the Division of
[1:22:11]
Natural Resources uh
[1:22:14]
report that I read and they estimate
[1:22:18]
that 80% of the elevation up to 4220
[1:22:24]
would be underwater if we got the lake
[1:22:26]
to the level
[1:22:28]
4215.
[1:22:31]
Um, you may just kind of an example of
[1:22:34]
so we're not always dealing with what
[1:22:36]
ifs may recall a few years ago and
[1:22:39]
Tucker you could weigh in here the
[1:22:41]
county spent millions of dollars
[1:22:43]
mitigating flood damages along the river
[1:22:46]
and the lake was nowhere near that level
[1:22:49]
so I think that shows real world
[1:22:52]
experience that the river can flood even
[1:22:55]
when the lake isn't at that elevation
[1:22:59]
um we've learned a little bit uh through
[1:23:02]
our work session, but Weber County's
[1:23:04]
4215 elevation moratorum, the one that
[1:23:08]
was recited in the letter from the
[1:23:10]
attorneys, um that link goes back to a
[1:23:14]
1986 document that we've just learned
[1:23:17]
has been updated. Um but that document
[1:23:21]
contemplates
[1:23:23]
having situations where you need the
[1:23:27]
homes above 4215
[1:23:29]
in order to accommodate
[1:23:31]
structures and I believe that new
[1:23:36]
updated version is 4218.
[1:23:41]
Um, one one thing that often gets talked
[1:23:43]
about during development is can we fill
[1:23:46]
these lowlying areas? Um, and and I
[1:23:50]
suppose we can. The problem we run into
[1:23:54]
uh is the type of fill that's brought in
[1:23:57]
is generally
[1:23:59]
off other it isn't structural in nature
[1:24:03]
and so when we start filling large
[1:24:06]
fields um there's no way to test it for
[1:24:10]
compacted if it's compacted and if it's
[1:24:13]
suitable to build structures and
[1:24:15]
infrastructure on top of um if we were
[1:24:19]
to haul in granular structural
[1:24:22]
engineered fill I think the cost would
[1:24:24]
exceed the value in the lot and then the
[1:24:27]
other problem we have when we read the
[1:24:29]
geotech on fill. Often times the
[1:24:32]
subsurface that we're filling on won't
[1:24:35]
support the weight and the demand.
[1:24:38]
So that that's something we've just
[1:24:40]
tried to kind of stay away from is
[1:24:42]
filling large fields out into these
[1:24:44]
wetlands. Um the current ordinance does
[1:24:48]
contemplate a 10% scenario that is
[1:24:53]
interior and what was intended by that
[1:24:56]
is if there's a ditch or a swale or a
[1:24:58]
low in a piece of property that is
[1:25:01]
generally above the elevation and it can
[1:25:05]
be developed. We can allow some fill in
[1:25:08]
those areas and work that out in the
[1:25:11]
development plan. We just don't want to
[1:25:12]
keep going further and further out into
[1:25:14]
the
[1:25:16]
wet areas and that that's something that
[1:25:19]
probably could be adjusted and made a
[1:25:22]
little more clear in our ordinance.
[1:25:29]
So this is this is kind of the most
[1:25:31]
telling uh slide I believe. Um and maybe
[1:25:35]
it makes it make sense to people. I'm
[1:25:38]
just going to walk up there. So this is
[1:25:41]
real examples that of some existing
[1:25:43]
development that we have in place and
[1:25:46]
some proposed development that's coming
[1:25:48]
that directly deals with this issue. So
[1:25:51]
these are the lower loft in Rosson Ranch
[1:25:54]
phase one.
[1:25:57]
They were built before we had the 4220
[1:26:00]
rule, but the developers engineer worked
[1:26:04]
with us and really everything worked out
[1:26:07]
to be about equal to the 4220 rule, just
[1:26:10]
out of function. So if you look, there's
[1:26:13]
a pond right here. That's where all that
[1:26:16]
water drains to. And then the storm
[1:26:18]
drain in the subdivision itself comes
[1:26:20]
down and goes into this pond.
[1:26:23]
If you look at the elevations, the
[1:26:25]
bottom of the pond is 4215.
[1:26:29]
The bottom of this pond is 4215
[1:26:32]
and the banks are like 4218.
[1:26:35]
So the back of these lots is 4219
[1:26:39]
and then they go up a little bit to the
[1:26:41]
curb and gutter.
[1:26:43]
We also have a 42 in storm drain line
[1:26:48]
that drains a significant part of West
[1:26:51]
Haven and Hooker that runs down this
[1:26:54]
property line and dumps into this pond.
[1:26:59]
So this this is a development that a
[1:27:02]
proposal that they've come in with as a
[1:27:05]
concept. And you can see this is the
[1:27:08]
area that's too low on these lots. If we
[1:27:11]
shifted that a little bit. They could
[1:27:13]
still get their lots and stay out of
[1:27:16]
that lower area. I think it's a crazy
[1:27:19]
idea to approach building lots equal to
[1:27:23]
the bottom of the lake that we're
[1:27:24]
draining half the city into. So, that's
[1:27:28]
kind of my point. Um, I think where
[1:27:30]
there's room for some adjustment in that
[1:27:33]
ordinance and clarification. I'm not
[1:27:35]
opposed to that, but I do think we need
[1:27:37]
to start uh with the elevation of our
[1:27:41]
drainage facilities at 4215 and work up
[1:27:45]
from there.
[1:27:50]
Thank you, chair.
[1:27:54]
Um, is there a representative from Smith
[1:27:59]
here?
[1:28:03]
» Sorry, let me
[1:28:07]
just come forward and state your name
[1:28:09]
and then
[1:28:11]
>> tell us a little bit about the project
[1:28:12]
and then or and then we can ask you
[1:28:16]
questions and clarifications.
[1:28:17]
>> So my name is Valerie Clawson. I am with
[1:28:19]
planning outpost. So I'm actually here
[1:28:21]
with Woodmir Holmes tonight.
[1:28:23]
>> Okay.
[1:28:23]
>> Um related to the application but not
[1:28:25]
with Smith and Nolles. Um but we were
[1:28:28]
just um requesting the text amendment
[1:28:31]
support the text amendment to do the um
[1:28:34]
4215. I've been trying to get a hold of
[1:28:36]
the city engineer no calls that's
[1:28:40]
um so um because in that memo and Jared
[1:28:42]
you mentioned that you had provided
[1:28:44]
information and is that in addition to
[1:28:45]
the memo from JB or that was you gave JB
[1:28:49]
pieces of that letter? I I did a wrong
[1:28:53]
>> there's an amendment to the packet so
[1:28:55]
you'll see that online
[1:28:59]
» okay
[1:29:01]
>> um okay
[1:29:04]
uh that was not there before uh did that
[1:29:07]
get posted today
[1:29:09]
>> uh yesterday.
[1:29:09]
>> Yesterday. Okay.
[1:29:11]
>> Um
[1:29:13]
so it does the lower levels do wipe out
[1:29:17]
a significant amount of acreage of
[1:29:18]
available land. um we would continue on a dialogue then in terms of the
[1:29:25]
clarification that Jared's talking about
[1:29:27]
or from Juvia memo it seemed to be that
[1:29:29]
they were proposing that 4217 would be
[1:29:32]
something that they were looking to work
[1:29:33]
with that's what I read in that letter
[1:29:37]
and so if that's acceptable um we would
[1:29:41]
like to see that be um possible of of
[1:29:44]
part of that text amendment um and then
[1:29:47]
as far as like geotech studies those are the ones that come out at the time
[1:29:50]
of development in that specific location
[1:29:52]
to be able to to verify um the soils and
[1:29:55]
whether or not the structure supported.
[1:29:57]
And so that really is kind of should be
[1:30:00]
a non-issue because those are done at
[1:30:02]
the time um of that development on that
[1:30:05]
specific site. So I'm happy to answer
[1:30:08]
any questions you might have. Um we also
[1:30:11]
have women homes here as well. So thank
[1:30:13]
you. Do you have an address or a
[1:30:16]
specific site you're looking at
[1:30:17]
currently that we could look at? Is this
[1:30:19]
the one? No, that's a new
[1:30:21]
>> That's a different one. Um,
[1:30:25]
the phase we're working on right now is
[1:30:27]
not specifically affected in that same
[1:30:30]
way. There's um portions a little
[1:30:32]
further to the west of that that are.
[1:30:35]
So, it's not this is like text
[1:30:37]
amendment.
[1:30:39]
>> So, it would be
[1:30:41]
>> for the future phases and for I guess
[1:30:44]
the reason I ask is if it's near close
[1:30:45]
to the flood plane because that I mean
[1:30:48]
the flood plane do determine a lot of
[1:30:50]
different things.
[1:30:51]
>> Right. Right. No, this is um like this
[1:30:53]
is an area that had some supposed
[1:30:56]
wetland delineations. So those studies
[1:30:58]
have also come back and have indicated
[1:31:00]
that the water isn't is 8 ft below the
[1:31:03]
4215 line. So in this particular
[1:31:06]
instance, there really should not be a
[1:31:10]
problem
[1:31:11]
in this in the project if you're going
[1:31:13]
to go project specific versus a policy
[1:31:16]
and text amendment.
[1:31:23]
» Um, so one thing I had in the Smith
[1:31:26]
knows letter, they said to reference
[1:31:29]
specific evidence. What would you guys I
[1:31:32]
guess what when you guys say specific
[1:31:33]
evidence, what are you guys looking for
[1:31:35]
the city to provide when you say
[1:31:38]
something like that? Or what what would
[1:31:40]
you imagine the city providing you in
[1:31:42]
that context?
[1:31:50]
» When you say specific, okay, which
[1:31:54]
section of the text amendment?
[1:31:57]
>> It's in the Smith and Nolles letter in
[1:31:59]
section one. This is a proposal.
[1:32:01]
>> Oh. Oh, it's not in the text amendment.
[1:32:03]
Okay, that's why. Okay. Um,
[1:32:12]
» okay. So, it's it's
[1:32:14]
>> I guess
[1:32:14]
>> it's a whole lot of legal ease, right?
[1:32:16]
>> Yeah. Sorry.
[1:32:18]
That's why I was like, wait, this
[1:32:19]
the text amendment itself didn't have
[1:32:21]
anything I thought. Yes.
[1:32:22]
>> Substantial evidence. I guess what I
[1:32:24]
guess I just want What are you guys I
[1:32:26]
guess what are they looking for?
[1:32:28]
>> It's going to be the the what? the
[1:32:30]
standard subdivision uh items, right?
[1:32:32]
Your geoteex um is is going to be one of
[1:32:36]
the main things, but it's just saying,
[1:32:37]
hey, it just needs to show that the that
[1:32:40]
there is good demonstration that it's
[1:32:43]
not going to cause problems, that it's
[1:32:45]
out of the um that it's that it's
[1:32:49]
suitable for development, right? Like
[1:32:51]
that it's going to have the
[1:32:52]
documentation and it'll make it not
[1:32:54]
arbitrary, right? that you're going to
[1:32:56]
have if you're going to follow state
[1:32:57]
law, have the documents, have that
[1:32:59]
record, which we're getting better at
[1:33:02]
because you guys have a full-time
[1:33:03]
planner now, right? Like so those
[1:33:05]
there's really cool things that would be
[1:33:07]
um happening with that. So,
[1:33:09]
but yeah, that we have on record and it
[1:33:12]
and it's going to tend to be the geoteex
[1:33:14]
and any of the engineering studies
[1:33:16]
associated with that project.
[1:33:19]
>> Thank you.
[1:33:22]
Any
[1:33:25]
other questions?
[1:33:27]
>> Okay. Thank you very much.
[1:33:28]
>> Thank you.
[1:33:32]
» And now I'll entertain a motion to
[1:33:34]
enter.
[1:33:34]
>> Oh, do you mind if I kind of expound on
[1:33:37]
that specific? So
[1:33:40]
>> I'm Josh with Wood Homes, Josh Lynch.
[1:33:43]
Um, so the example that got brought up
[1:33:45]
in Rosson's Ranch, the drainage and
[1:33:47]
everything, the elevations, it doesn't
[1:33:50]
apply to our development. Like our
[1:33:52]
development is completely different. And
[1:33:54]
plus, like the drainage that we have out
[1:33:56]
there is a lot lower than that 4215
[1:33:59]
line. like the studies that we had with
[1:34:02]
wetland which the city has had for
[1:34:04]
probably about two months now with the
[1:34:06]
wetland delineation that we got verifies
[1:34:09]
that that water is draining out of our
[1:34:11]
property at elevation's a lot lower than
[1:34:14]
that 4215.
[1:34:16]
So when we say spec like it this blanket
[1:34:20]
4220 that came out is just it kills like
[1:34:24]
our development it killed our
[1:34:26]
development where there's really no need
[1:34:27]
for it where we have people have come
[1:34:31]
out and done studies for a year and a
[1:34:32]
half studying stagnant water and
[1:34:34]
everything and have proven that that
[1:34:36]
doesn't apply to our property. I think
[1:34:39]
that's throughout the city. I think
[1:34:41]
there's properties that have just great drainage
[1:34:46]
at those the lower elevations of the
[1:34:48]
4215,
[1:34:49]
but this blanket is just it's killing
[1:34:53]
property that shouldn't be that
[1:34:54]
shouldn't be not allowed to develop.
[1:34:58]
And so I think when they're talking
[1:34:59]
about specific is going in and looking at the project itself and saying
[1:35:06]
yeah this actually works out here
[1:35:07]
instead just no 4220 you can't do it I
[1:35:12]
think is what the what the null letter
[1:35:13]
is referring to.
[1:35:15]
>> Okay thank you.
[1:35:21]
Okay. Now I entertain a motion to enter
[1:35:23]
public hearings for the discussion
[1:35:26]
motion on the Smith Nles uh elevation
[1:35:30]
change line. So
[1:35:33]
>> second.
[1:35:34]
>> We have a motion by Commissioner B,
[1:35:37]
second by Commissioner Woodson. All in
[1:35:38]
favor?
[1:35:39]
>> I I now public hearing. For those
[1:35:42]
citizens that want to come forward and
[1:35:44]
make a comment, please just state your
[1:35:45]
name and you're a city resident and you
[1:35:47]
can comment on this proposed request.
[1:35:57]
Ray Hancock. I think I qualify as a
[1:36:00]
president.
[1:36:01]
Um, with all due respect with our
[1:36:05]
public works director, Jared, this
[1:36:08]
specific spot, I spend a lot of time out
[1:36:11]
there where these guys are looking at
[1:36:14]
building. And I do believe that
[1:36:17]
comparing it to the Ross and Ranch thing
[1:36:19]
is kind of like comparing apples to
[1:36:21]
oranges. It's not the same situation.
[1:36:25]
And I know Tucker will um verify that u
[1:36:31]
FEMA and Army Corp of Engineers when we
[1:36:33]
had the last flooding out to Agnum Bay
[1:36:36]
that was caused because there was not
[1:36:39]
enough drainage to get the water through
[1:36:41]
the dikes at Agnum Bay that uh they came
[1:36:45]
in and doubled the capacity maybe triple
[1:36:47]
the capacity
[1:36:49]
of uh headgates to get rid of the river
[1:36:52]
water. When we had the floods in ' 84,
[1:36:54]
it wasn't the lake water that came clear
[1:36:56]
back up. It was the river water that
[1:36:58]
backed up that could not get to the
[1:37:00]
lake. The lake was high. No doubt about
[1:37:02]
it. But anytime any of you want to go
[1:37:05]
for a ride and see where the lake level
[1:37:08]
got to, I would be happy to take you out
[1:37:09]
there because I'm out there every day um
[1:37:12]
and let you look around and see where
[1:37:14]
the lake actually got to. The problem
[1:37:17]
back then was um too much water getting
[1:37:21]
to Ogden couldn't get through. Uh that
[1:37:25]
has been mitigated. So you will not
[1:37:28]
unless I don't know what it would take
[1:37:30]
10 years of 400,000 ft of snowfall and
[1:37:34]
water which doesn't look promising
[1:37:37]
um to bring those lake levels back up to
[1:37:39]
where it'd be a problem. And I believe
[1:37:42]
one suggestion I would have for you if
[1:37:44]
you have questions about this before you
[1:37:48]
rule on not enabling it to be dropped at
[1:37:51]
4215. If you would like to take a ride
[1:37:54]
and go out there and see the situation
[1:37:56]
because I'm pretty sure none of you have
[1:37:58]
actually seen it and before you made a
[1:38:01]
motion to um actually stick with the
[1:38:06]
existing rules.
[1:38:08]
Um maybe look at it.
[1:38:12]
>> Thank you.
[1:38:19]
» Just barely
[1:38:22]
Larry Ro up res. I'm just going to piggy
[1:38:25]
back Ray a little bit. Talked to Jared
[1:38:28]
today. We had a great conversation and
[1:38:31]
uh I think there's different areas out
[1:38:33]
here in Hooper uh that uh the Ross one
[1:38:38]
toll. Yeah, that may be a problem. I
[1:38:40]
don't know the area well, but I do know
[1:38:44]
uh where the lake came up in my property
[1:38:47]
in ' 84. We still have driftwood there.
[1:38:49]
Uh and Ray just explained what happened.
[1:38:53]
I went out and uh off of the map that
[1:38:56]
I've got from the city here today, I
[1:38:59]
went to that 4220 line and then I went
[1:39:03]
uh to where the drain water is running.
[1:39:06]
Uh it never backs up on my property and
[1:39:09]
is draining out and it's at 42
[1:39:14]
4212.
[1:39:16]
And then I go a little further west
[1:39:18]
where the water drains out through
[1:39:20]
another area that's really not the
[1:39:21]
ditch. It's just
[1:39:23]
Uh, and that one there's 4209.
[1:39:28]
Uh, I didn't go shoot where the lake
[1:39:31]
come up. I wish I would have now. Uh, my
[1:39:34]
guess is uh that it's probably 425 426
[1:39:41]
uh somewhere's in there. So my
[1:39:44]
suggestion, I know it's coming back to
[1:39:45]
us to make the decision, but just so you
[1:39:48]
guys can uh come up with something u uh
[1:39:52]
you know, wording or that to take, you
[1:39:54]
know, maybe even specific uh piece of
[1:39:58]
property, how it aligns with the South
[1:40:00]
Run or what do you call the South Fork?
[1:40:02]
It's been the South Run to us since we
[1:40:04]
were kids. But uh uh yeah, I don't see
[1:40:07]
it uh uh ever backing up. Can it?
[1:40:10]
Absolutely. But anyway, that's just a
[1:40:13]
little bit of info that might help you
[1:40:16]
uh know some things and if this map's
[1:40:19]
correct, those would be the right
[1:40:21]
heights.
[1:40:23]
Thank you.
[1:40:25]
>> Thank you.
[1:40:27]
Any other public comment?
[1:40:31]
See no public comment. All
[1:40:34]
entertain a motion return to our review.
[1:40:41]
Motion to be uh public.
[1:40:44]
>> Second. A motion for Commissioner Wis
[1:40:46]
and a second from Commissioner Denny.
[1:40:48]
All in favor?
[1:40:49]
>> I I We are now back in our regular
[1:40:54]
meeting on the request for
[1:40:58]
uh change elevation line and bring it
[1:41:00]
back to the commission for discussion
[1:41:02]
and motion.
[1:41:06]
» Question J. So with that was it rosin
[1:41:09]
rats we call it?
[1:41:10]
>> So that was prior to this 4020 4220 code
[1:41:14]
that we have now. So what what
[1:41:16]
determined what made you guys get up to
[1:41:17]
that elevation you were saying where it
[1:41:19]
worked well just because it
[1:41:21]
>> that was the only way they could get it
[1:41:22]
to drain the design engineers.
[1:41:24]
>> Yeah.
[1:41:25]
>> You know to get to that 4215 with their
[1:41:27]
storm drain. Obviously the locks were
[1:41:29]
going to be higher than that. So
[1:41:31]
>> yeah. So that's kind of where I wanted
[1:41:34]
to get to is I think a lot of times I
[1:41:36]
think numbers
[1:41:37]
start at, right? We have somewhere to go
[1:41:39]
off, but a lot of times the design of
[1:41:41]
the subdivision improvements are going
[1:41:43]
to determine where the houses are going
[1:41:45]
to end up at. And I think it's probably
[1:41:47]
I think we look at the number and maybe
[1:41:49]
change things down. 4220 is probably a
[1:41:51]
little high in my opinion, but I agree
[1:41:53]
to give the city the review they call
[1:41:57]
the technical review committee they call
[1:41:58]
and specifically Jared a little more
[1:42:01]
power but just a little more say in
[1:42:03]
different elevation
[1:42:05]
um to determine that based off of
[1:42:07]
professional geotechnical or those
[1:42:10]
people bringing the design to them um
[1:42:13]
because that to me that makes more sense
[1:42:14]
where I mean obviously we want the city
[1:42:17]
to have good infrastructure and not have
[1:42:19]
issues
[1:42:19]
But we also need to rely on
[1:42:21]
professionals for designing and bringing
[1:42:22]
these studies to us to make sure that's
[1:42:25]
going to be good. You know, we kind of
[1:42:27]
discussed yeah wet years, dry years,
[1:42:29]
water levels up and down in the ground
[1:42:31]
and things like that. But so that's kind
[1:42:33]
of my thoughts is maybe bring number
[1:42:36]
down and then just get maybe a little
[1:42:37]
more
[1:42:40]
guessy. I don't know just going back and
[1:42:42]
forth with the design engineers and the professionals for the technical and
[1:42:47]
stuff like that.
[1:42:49]
So I I guess I have a question for city
[1:42:51]
council better for our attorney Nick. Is
[1:42:55]
this something that we can make
[1:42:58]
variable? I mean I call a couple of
[1:43:00]
different cities today like Farmington's
[1:43:02]
got a set number. Syracuse has something
[1:43:05]
different where it's based on water
[1:43:06]
tests and people paying for pump
[1:43:08]
stations. Can is it something where we
[1:43:11]
can set a number and say then it's a
[1:43:12]
conditional use or to go below that
[1:43:16]
number or what would you advise? Well,
[1:43:20]
can we work it that way?
[1:43:22]
>> Okay. Yeah, great question. So, this is
[1:43:24]
an ordinance change. So, you're
[1:43:25]
recommending body. So, this body
[1:43:28]
wouldn't actually do that. The city
[1:43:29]
council would, but it's a legislative
[1:43:31]
decision. So, there doesn't need to be
[1:43:33]
substantial evidence. There just needs
[1:43:35]
to be a reasonable basis for why you've
[1:43:37]
passed the ordinance. Uh Mr. Hancock,
[1:43:39]
our public works director, has done a
[1:43:41]
great job of explaining the reasonable
[1:43:43]
basis for why they initially enacted the
[1:43:45]
ordinance. But if you as a as a planning
[1:43:48]
commission want to make a um want to
[1:43:51]
give some flexibility to developers and
[1:43:53]
to say, "Hey, go look at this on a
[1:43:55]
sightspecific
[1:43:56]
um basis." You have absolute legislative
[1:43:59]
authority to do that. Um and you're you
[1:44:03]
be free to do that. You could have a
[1:44:04]
bright line rule and sometimes there's
[1:44:06]
some pluses to that. makes it really
[1:44:08]
easy for staff to say, "Hey, look,
[1:44:11]
you're below 4220. We're done." That
[1:44:14]
like that saves a lot of staff time, but
[1:44:17]
uh there's been good points on the other
[1:44:19]
side as well. So, yeah, you can make
[1:44:20]
that
[1:44:22]
uh
[1:44:24]
customizable to each site. So, if we
[1:44:26]
were looking at like 4217
[1:44:29]
>> and somebody still wanted to go below
[1:44:30]
that, if if the city council passed that
[1:44:33]
ordinance at 427, they can still apply
[1:44:35]
for a variance.
[1:44:38]
>> Yeah, you can apply for a variance. Uh
[1:44:40]
variance has a very high standard. But
[1:44:43]
what I guess if you wanted to give some
[1:44:45]
flexibility, we could draft an ordinance
[1:44:47]
that allowed you to give them to give
[1:44:50]
developers
[1:44:50]
>> a case by case
[1:44:51]
>> case by case scenario. Yeah.
[1:44:53]
>> And that protects the city and and
[1:44:56]
developer.
[1:44:56]
>> Yeah, absolutely.
[1:45:02]
» I guess I had a question for just to
[1:45:05]
your comment on currently how the
[1:45:07]
ordinance is written. Is the city at
[1:45:10]
risk of litigation or anything like that
[1:45:13]
with how it's currently written or I
[1:45:16]
guess is there a win-win situation that
[1:45:17]
we can make take this opportunity to
[1:45:19]
make the correct adjustments that we get
[1:45:22]
everything storm water working correct
[1:45:24]
as public work wants it and give
[1:45:27]
maximize the property rights to home
[1:45:31]
homeowners in that in that area. So, uh
[1:45:36]
you can't ever say that because you have
[1:45:39]
a statute sued on it, right? People can
[1:45:41]
sue for any reason or no reason at all.
[1:45:44]
So, but as far as like being successful
[1:45:46]
in litigation, yeah, I mean, Mr.
[1:45:48]
Hancock's done a great job tonight of
[1:45:50]
explaining the basis, the reasonable
[1:45:52]
basis for why we did why the city pass
[1:45:55]
the ordinance that it did. 4215 allowed
[1:45:58]
things to drain. We went 5T above that
[1:46:01]
to allow the infrastructure underneath.
[1:46:03]
That's a perfectly reasonable basis that
[1:46:05]
I think would withstand any any kind of
[1:46:09]
attack. Absolutely. Can you change that
[1:46:11]
and still still have that? Sure.
[1:46:13]
Absolutely. You could you could provide
[1:46:15]
some flexibility and that's really your
[1:46:18]
decision as policy makers and
[1:46:20]
recommending bodies is to see if that's
[1:46:24]
city wants to do. But you could
[1:46:25]
certainly draft something, Mr. Curtis
[1:46:27]
and I could certainly draft something
[1:46:29]
that um protected the city but gave some
[1:46:32]
flexibility if that's what the planning
[1:46:34]
commission wanted to do.
[1:46:40]
» I like Tucker's idea of the flexibility.
[1:46:43]
I don't think I think we're in a day and
[1:46:45]
age where we have technology to be able
[1:46:49]
to look at things differently and to
[1:46:51]
have a blanket rule is
[1:46:54]
I think it protects us but it also takes
[1:46:56]
away some property rights in that
[1:46:58]
instance. So I lean towards that
[1:47:01]
flexibility with also maintaining
[1:47:04]
to reduce the risk to the city. But that
[1:47:06]
that's just where I
[1:47:09]
think with that flexibility it being
[1:47:14]
like I said before the design of the
[1:47:15]
subdivision should bring it up because
[1:47:18]
Jared will have the ability to say no
[1:47:20]
this storm drain isn't going to work.
[1:47:21]
It's going to fl people out. We need to
[1:47:22]
bring this up a little bit and that'll bring up the subdivision law and Jer mentioned a lot. Yeah. And we
[1:47:29]
were county
[1:47:31]
um the flood we had wasn't like you were
[1:47:34]
saying it wasn't the lake. It's the
[1:47:36]
river. It's flat and it spreads out and
[1:47:38]
it backs all the way up. Couple years
[1:47:40]
ago we had the big snow events. It was
[1:47:43]
actually pretty controlled runoff, but
[1:47:45]
things still flooded, right? Got up high
[1:47:47]
and I don't know if it backed up where
[1:47:49]
you were talking just right next to this
[1:47:50]
frozen ranch or anything like that. But
[1:47:53]
yeah, a little bit. And things have
[1:47:54]
changed. They did do some improvements
[1:47:56]
to the to a bay a lot. I don't know. I
[1:47:58]
mean, it's helped, but there's always
[1:48:00]
something, right? There's always
[1:48:01]
something that's going to cause
[1:48:02]
problems. But I think that's that's my
[1:48:04]
thought is it's that flexibility. The
[1:48:07]
design and review of the design is going
[1:48:09]
to bring those houses up. thing you
[1:48:10]
brought up. We don't want to. Yeah. The
[1:48:13]
last thing is you want I mean in August
[1:48:15]
when it rained hard for a day and a half
[1:48:18]
for how many inches of rain? I forget
[1:48:19]
it. But we had people calling all day
[1:48:22]
the county saying we're flooding. We're
[1:48:24]
flooding stump pumps aren't doing
[1:48:25]
nothing. That's cuz every drain was
[1:48:27]
full. And so we exact example where the
[1:48:29]
drains are full. They couldn't pump up
[1:48:30]
anywhere. They just flooded. So I think
[1:48:33]
the design and review of that design
[1:48:35]
kind of brings things up if it needs to
[1:48:36]
be brought up. That's kind of like I
[1:48:38]
like the flexibility idea of it.
[1:48:43]
» Yeah, I would say I agree. I'm a I'm a
[1:48:45]
big proponent of Jared's model that he
[1:48:47]
proposed. You know, I have a pretty good
[1:48:49]
knowledge base of underground
[1:48:50]
infrastructure for my professional life.
[1:48:52]
But um obviously water's got to flow and
[1:48:55]
if it's just pumping in a circle because
[1:48:56]
the pipes are full or the dam the
[1:48:58]
river's full and then we're screwed. But
[1:49:00]
I like the ideib
[1:49:06]
I don't agree. Some of these guys have
[1:49:08]
brought up some good points and I don't
[1:49:10]
have any problem looking at it case by
[1:49:12]
case. I think the hard part here is for
[1:49:16]
I think since 1986 we've dealt with one
[1:49:19]
elevation that's it. We made some
[1:49:22]
adjustments to that and I don't really
[1:49:24]
mind going back to 4215 as long as we
[1:49:27]
can start there with infrastructure.
[1:49:30]
Um but I I think that's probably the
[1:49:32]
hard part. There definitely are cases I
[1:49:35]
think anybody looking at that Rosson
[1:49:38]
Ranch scenario would be crazy to say
[1:49:40]
let's build lots below the pond. Um
[1:49:43]
there are some other places in town like
[1:49:45]
Mr. Lynches that may be fine. So I don't
[1:49:48]
mind looking at them case by case but do
[1:49:50]
that we want to like absolutely we're
[1:49:52]
not going below this level. Um, the
[1:49:55]
other thing I want to bring up, we talk
[1:49:58]
about geotech reports and I'm not a
[1:50:01]
geotech engineer, but I read them all
[1:50:03]
the time and a lot of times they're full
[1:50:05]
of baloney.
[1:50:08]
They they go out in the I will mention
[1:50:11]
the property and tell us they found
[1:50:13]
traces of groundwater at 7 ft. And I'm
[1:50:17]
like, leave that open overnight and
[1:50:19]
there'll be more than a trace. It'll be
[1:50:20]
full. Um, if we go do a bunch of geotech
[1:50:24]
reports right now on the it's either the
[1:50:27]
driest or the second driest year ever,
[1:50:30]
we're going to get reports that are
[1:50:32]
favorable to developing that area that
[1:50:34]
may not be the case when we get another
[1:50:37]
1984.
[1:50:39]
So, I think there's a little bit of
[1:50:41]
stuff we'd have to work out, but I'm not
[1:50:43]
opposed to working at case by case and
[1:50:46]
doing things that make sense.
[1:50:51]
thing I meant or want to mention is too
[1:50:53]
is I don't know how recently the flood
[1:50:56]
maps for Hilford um obviously we're
[1:50:59]
getting closer to the lake than we're
[1:51:01]
going to be seeing the flood zone if I'm
[1:51:02]
not mistaken it's zone A pretty much
[1:51:04]
everywhere right there's no defined
[1:51:07]
flood elevation saying this is it and so
[1:51:09]
if we're getting closer to that and
[1:51:10]
that's not going to help determine a lot
[1:51:11]
of things anyways um I don't know how
[1:51:14]
close your property is to flood zone but
[1:51:17]
anyways that's something to think about
[1:51:19]
as
[1:51:29]
So, as far as the recommendation or if
[1:51:32]
we want to move on this um tonight, it
[1:51:35]
sounds like we do want some flexibility
[1:51:39]
but also want to see city needs met as
[1:51:43]
well. So in any recommendation, I think
[1:51:46]
we should have the city council work
[1:51:49]
closely with city staff to make sure
[1:51:51]
they feel like their needs are getting
[1:51:53]
met and we can get that flexibility for
[1:51:56]
the property owners as well if we choose
[1:51:58]
to go that route.
[1:52:02]
>> If the planning commission wants to see
[1:52:03]
something with some flexibility, we
[1:52:05]
could also table it tonight and we could
[1:52:07]
I could work with Mr.
[1:52:10]
I think Johnson and Smith Nolles and and
[1:52:12]
with staff here obviously and try to get
[1:52:15]
something that's mutually agreeable for
[1:52:17]
everybody and bring that back if the
[1:52:19]
planning commission wants to do that
[1:52:21]
because this is an ordinance excuse me
[1:52:23]
ordinance amendment the city has no
[1:52:25]
liability for tableling it or putting it
[1:52:27]
off as long as we want. So
[1:52:30]
that's I think we do that. They also
[1:52:32]
asked their attorneys with Smith Noles
[1:52:35]
that I mean they provided a couple of
[1:52:37]
examples in there but Summit County
[1:52:39]
isn't really relatable to Utah but you
[1:52:42]
know when you think of elevations and
[1:52:44]
stuff like that. So that that wasn't
[1:52:47]
very helpful but
[1:52:51]
» yeah I would agree. I'd like to see
[1:52:53]
something drafted up that can kind of
[1:52:55]
give us something to wrap our heads
[1:52:56]
around that you know benefits everyone
[1:52:58]
involved.
[1:53:02]
I really think we're closer on this
[1:53:04]
issue than all the drawings created
[1:53:07]
about it. It's I don't think there's
[1:53:09]
that much disagreement. I think everyone
[1:53:11]
wants the infrastructure to work
[1:53:12]
including the developers. I think we can
[1:53:15]
get there.
[1:53:18]
>> Would you feel fine if they did that? If
[1:53:21]
that was the motion tonight, does that
[1:53:23]
feel good?
[1:53:29]
» Then if you're okay with it, I'll have a
[1:53:30]
motion to table this and we will revisit
[1:53:33]
the issue with a draft from the
[1:53:36]
attorneys.
[1:53:40]
» Second. We have a motion from uh
[1:53:43]
Commissioner Denny and a second from
[1:53:45]
Commissioner Wait to table this item
[1:53:46]
until we get further
[1:53:49]
u instruction from the attorneys. All in
[1:53:52]
favor?
[1:53:53]
>> I I
[1:53:56]
» um now on to our last discussion item
[1:54:01]
for and this is involving a group home
[1:54:04]
ordinance creation and amendments to
[1:54:07]
city code 10-1A-1.
[1:54:10]
amendment of 10-2B-2
[1:54:13]
and creation of a new ordinance 10-2B-6.
[1:54:18]
Um,
[1:54:19]
I'll bring that up to
[1:54:23]
>> to the commission to discuss and maybe
[1:54:27]
ask the attorney any questions that we
[1:54:28]
have in our working
[1:54:43]
I guess some of the items that were just
[1:54:45]
brought up in the work meeting was that
[1:54:47]
there's just not
[1:54:50]
there's some gray areas as far as
[1:54:53]
what's the maximum number allowed and
[1:54:56]
what's not allowed. And I think we just
[1:54:59]
want some clarification
[1:55:01]
or guidance on clarification as far as
[1:55:04]
where we can put those limits and how
[1:55:07]
each of these subgroups or limits fall
[1:55:10]
into those categories in that in that
[1:55:14]
section.
[1:55:19]
Did that sum up everybody?
[1:55:20]
>> Yeah,
[1:55:21]
>> I'm sorry. I was a little I apologize. I
[1:55:23]
was a little stressed. Can you tell the
[1:55:25]
question?
[1:55:31]
So we were
[1:55:33]
in the ordinances how they're currently
[1:55:35]
written and what is was proposed a lot
[1:55:37]
of times it states a a minimum number
[1:55:41]
but doesn't give a maximum number and we
[1:55:43]
just want to
[1:55:46]
guidance on how those maximum numbers are best way
[1:55:51]
to determine those maximum numbers. So,
[1:55:55]
group home group home facilities are a
[1:55:59]
sticky wicket legally. Um, there's not
[1:56:02]
really great bright line rules. I can
[1:56:04]
tell you like once you hit 10 people,
[1:56:08]
you can just say no. It's a lot of it is
[1:56:10]
dependent on size of the structure and
[1:56:14]
uh number of bedrooms, number of
[1:56:15]
bathrooms, that kind of thing. So, um
[1:56:20]
I I mean I think the the idea is that
[1:56:22]
the group home has to be
[1:56:25]
there has it there has to be reasonable
[1:56:27]
facilities for who's going to be in the
[1:56:28]
group home. So, for example, if you have
[1:56:30]
a sixbedroom, five bath home, you're
[1:56:33]
going to have a lot a lot higher maximum
[1:56:36]
number of people. We generally think two
[1:56:38]
or three people per room somewhere
[1:56:40]
between there. Um so, you know,
[1:56:46]
If it's a twobedroom home, it's like
[1:56:49]
obviously much smaller smaller
[1:56:52]
number. Um, a lot of times there's these
[1:56:58]
uh presumptive
[1:57:01]
limits like these uh four for unrelated
[1:57:05]
people. But that is um
[1:57:08]
often these group homes fall under ADA
[1:57:11]
and we have to comply with ADA. So they
[1:57:14]
often come to staff with arguments for
[1:57:18]
why they should exceed those and
[1:57:21]
generally we have to if they can show
[1:57:23]
that they're within
[1:57:26]
um the reasonable range then we
[1:57:29]
generally allow them.
[1:57:31]
>> So how much of this it seems like a lot
[1:57:33]
of this is governed by state code. Um
[1:57:39]
I guess where's our
[1:57:42]
steering direction that we can go if a
[1:57:45]
lot of times it just comes back and if
[1:57:46]
they can
[1:57:48]
prove a reasonable point we kind of
[1:57:51]
allow it anyways.
[1:57:53]
>> Yeah. Um I think that I think the idea
[1:57:56]
is that um with with what's proposed um
[1:58:03]
and and kind of what we're thinking
[1:58:04]
about I think the idea is that those are
[1:58:07]
general guidelines and if somebody if
[1:58:09]
somebody comes in and they want to
[1:58:12]
deviate from those then the the weight
[1:58:15]
of persuasion falls on them right so if
[1:58:19]
they come in and they just say look I
[1:58:21]
want double the number Then we this
[1:58:25]
gives us the ability to say okay explain
[1:58:28]
why and then they have to they have to
[1:58:30]
demonstrate why they think that that the
[1:58:32]
ADA would allow that why they think that
[1:58:35]
the facilities are adequate and those
[1:58:37]
kind of things. So you're exactly right
[1:58:40]
like this is largely governed by federal
[1:58:42]
and state law and the cities have very
[1:58:45]
little to regulate here but we do have
[1:58:47]
some interest in regulating it and
[1:58:49]
establishing some standard gives us the
[1:58:51]
ability one to when they come in and
[1:58:54]
talk to staff we can say how many people
[1:58:57]
are going to have and have dialogue
[1:58:59]
there
[1:59:01]
rather than rather than just being
[1:59:03]
governed by federal and state law.
[1:59:08]
One of the questions I had, so we have
[1:59:09]
definitions for a group home for persons
[1:59:11]
with disability, group home for the
[1:59:13]
elderly. And then amendment two in that
[1:59:16]
first sentence of 102-6,
[1:59:19]
it says that placement of specific
[1:59:21]
persons restricted placement of group
[1:59:23]
home facilities shall not shall be on
[1:59:25]
strictly voluntary basis and not part of
[1:59:28]
uh in loop and find out treatment or
[1:59:30]
correct facilities. So those types will
[1:59:33]
not be allowed in these types of
[1:59:34]
situations.
[1:59:36]
>> That's correct. Now, let me let me cave
[1:59:40]
off that. So, you could have a rehab
[1:59:42]
center in in these residential zones and
[1:59:46]
candidly like the city can't prohibit
[1:59:48]
that because of ADA requirements, but
[1:59:51]
you couldn't have a halfway house.
[1:59:52]
>> Oh, yeah. If it's a if it's something
[1:59:55]
like that, no. If it's a it's a halfway
[1:59:58]
house treatment facility, that can't be
[2:00:00]
in residential zone. If it's a if people
[2:00:03]
are paying to be there and they're there
[2:00:04]
on a voluntary basis, then yes.
[2:00:09]
when we to kind of ask expand on that
[2:00:12]
just a little bit. So, court ordered
[2:00:15]
treatment. So, you've got a juvenile
[2:00:18]
that goes before a judge and they're
[2:00:19]
like you're either getting a year or you
[2:00:22]
go to a rehabilitation facility. Does
[2:00:24]
this exclude them or because the way
[2:00:28]
that reads in my mind says we can
[2:00:30]
exclude it and that might be an issue
[2:00:32]
with our organs. Yeah, I think what this
[2:00:35]
would say is if the state is going to
[2:00:37]
run a rehab facility and they're going
[2:00:40]
to it's a it's a custodial setting,
[2:00:43]
right? Those people are not free to
[2:00:45]
leave, uh then then it can't be in the
[2:00:48]
res. Okay.
[2:00:49]
>> But if the person goes to court and the
[2:00:51]
judge says you got to do substance abuse
[2:00:53]
treatment or you got to do mental health
[2:00:55]
treatment, um find a place on your own
[2:00:58]
and that person goes out and finds you
[2:01:00]
know my house that I'm running treat and
[2:01:03]
they're showing up voluntarily, then that's going to be allowed.
[2:01:07]
>> But it's not going to be allowed if
[2:01:10]
correctional officers bring them to the
[2:01:12]
home and there's a large, you know, 12t
[2:01:14]
fence with barbed wire. That's not going
[2:01:17]
to be allowed.
[2:01:32]
I guess like
[2:01:34]
I feel like we're tasking you up on your
[2:01:36]
first night like crazy, but I I think
[2:01:39]
this is, you know, this is a big scary
[2:01:40]
subject because there's a lot of laws in
[2:01:42]
that and you know, having been witnessed
[2:01:45]
to a lot of the city council meetings
[2:01:46]
where this came up in previous years.
[2:01:49]
Um, I think we need some help of where
[2:01:53]
we can construct boundaries
[2:01:56]
>> versus, you know, whether it be
[2:01:58]
residential or commercial zone, whether
[2:02:00]
it be bed count, you know, a lot of that
[2:02:02]
is federal and state mandated, right?
[2:02:05]
Like certifications and all that kind of
[2:02:07]
stuff. But I think we could really use
[2:02:09]
some help and guidance there because
[2:02:10]
otherwise we're just going to have
[2:02:12]
arbitrary numbers and violate
[2:02:14]
everybody's rights. They lost and that's
[2:02:16]
not good.
[2:02:17]
>> Fair enough.
[2:02:19]
This is a great first meeting for me.
[2:02:20]
Thank you.
[2:02:22]
>> Oh, we're not done with you yet.
[2:02:27]
» Okay. So, just so I'm clear, so when I
[2:02:28]
come when we come back in July, we want
[2:02:30]
to have a better understanding of number
[2:02:33]
of residents
[2:02:37]
per per square foot or whatever. What
[2:02:41]
else can we change that? Can we change
[2:02:44]
that based off of residential and
[2:02:45]
commercial, too? Should there be two
[2:02:47]
different codes based off of both sets?
[2:02:49]
>> I feel pretty confident we can do that
[2:02:51]
right now, but I'll make sure I'll just
[2:02:53]
research.
[2:02:54]
>> Yeah, I think and just that kind of what
[2:02:56]
the guard rails are and verbiage around,
[2:02:58]
you know, are our definitions correct
[2:03:00]
around,
[2:03:02]
you know, what defines elderly person or
[2:03:05]
persons with disabilities. It seems like
[2:03:07]
we have different men and maxes listed
[2:03:09]
in here and I just want to make sure we
[2:03:11]
line up with keeping everybody legal.
[2:03:29]
I think that was all. Anybody else
[2:03:32]
questions? I think that answered most of
[2:03:34]
mine.
[2:03:37]
I got some good
[2:03:40]
for you next time. Wait for it. Be
[2:03:43]
great. Thank you.
[2:03:45]
Um, we'll now move into our
[2:03:50]
citizen comment portion of the meeting.
[2:03:52]
As a citizen, you can come forward. You
[2:03:54]
have three minutes to comment. Please
[2:03:55]
state your name and you're if you're a
[2:03:59]
per city resident. And just so you know,
[2:04:02]
we can't take any actions or on these
[2:04:05]
comments, but you can come express
[2:04:07]
anything that you want to express.
[2:04:10]
We'll turn that time over to you or turn
[2:04:13]
that time to you now.
[2:04:18]
See,
[2:04:20]
that's okay.
[2:04:23]
Just want to thank you guys for what
[2:04:25]
you're doing. It's nice to have some
[2:04:27]
people on the planning commission that
[2:04:29]
have some real life experience on these
[2:04:31]
kind of issues. It's going to be really
[2:04:33]
helpful. We love Jared and I know we can
[2:04:36]
work with him and our new attorney. I'm
[2:04:39]
pretty already has given to us a good
[2:04:41]
job and be fun. So I don't know how you
[2:04:43]
can lose in that situation.
[2:04:49]
» Thank you. Any other citizen comment?
[2:04:55]
Seeing no comments, I'll entertain a
[2:04:57]
motion to adjourn the meeting.
[2:05:02]
» Second motion from Commissioner Wood to
[2:05:05]
second from Commissioner B. All in
[2:05:06]
favor?
[2:05:07]
>> I I