Hyde Park City's Personal Meeting Room

I'm gonna get the livestream going. Okay. I couldn't tell if I was hearing it through my earbuds or through my screen.

I'm gonna get the livestream going.

Chair, I do have an amendment to the agenda. We will not be hearing hazard site plan as a consideration of recommendation. Not to pull that one.

So no hazards?

No hazards. K. Go ahead and start by meeting. I haven't thought away.

I apologize. I thought that was kinda clear at the end of the DRC that you have many things to correct. Apologies.

Or are we hearing it now?

I'm sorry?

It's not no longer, or are we still hearing it? I mean, I wanna make sure No. They did not graduate from DRC this morning. We had hoped that they would, but

there was a lot of engineering stuff that still wants to be Doubled. So when it comes to item for approval of the agenda, that's when you can make that.

Mhmm. And it's time. So whenever you're ready, I can start the recording.

K. Just looking at the no. That's not what I wanna look at. Never mind. Alright. Are you ready? Melinda, are you ready? Ready. K. Let's go. Alright. Welcome everyone to my watch says 07:00 on the nose. Welcome to Hyde Park City Planning Commission. Today is the September 3, and we'll call this meeting to order. We want to excuse commissioner Holly. She has some family issues that she's dealing with, and we want to wish her our our best. And, hopefully, everything will work out for her and her family. I will probably see her, well, maybe next time. So we hope for that. Opening ceremony. I'm sorry. There's just not enough detail here. That's are we talking about the Prayer. The prayer and the okay. Or New or the thought and the okay. And the fight. Yep. So I did it last time, but I get to do it again. That's okay. I could, but that's okay. I'll do it. Alright. Why don't we start with the word of prayer? Our father in heaven, we're grateful this evening for the many blessings we have. We are grateful for the our city where we live, the wonderful environment we have, and we pray that we, on the planning commission, might be able to determine, a path forward with the help of our citizens the way we want to to lead and develop our town. We're grateful for our community. We're grateful for the blessings that we enjoy here. We we pray for thy spirit tonight, and we pray especially for commissioner Holly and her family. And we pray that they might be comforted tonight and be guided in the things they need to to do. We're grateful for all that we have, and we say these things in Jesus Christ. Amen. Amen. Alright. All of you would stand for the pledge of allegiance. I pledge allegiance to the flag to the flag. I've been United States Of America. It stands

under God. Under God. It's ended as well. With liberty and justice for all. Thank you very much.

Alright. Hard to believe that it's been as long as it has been since we met last. But we have the the minutes from August 6 that we need to to review and approve. Are there any comments that need to be made

on those minutes? I was in a bill to 10, so I'll have to defer. So I I Well, you can't defer. Okay. You can still approve. I can still approve. I didn't have any You just can't I don't have any issues because I don't have a Because we only have three. Okay.

I'm looking up there only because you're there, but none of your pictures there. Melinda, do you have any comments? Or

I do not. I read through them. I read through them. They look great.

K. And I looked at them also, and they look fine for me. So we need to then approve them.

I'll make a motion to approve the minutes.

Alright. And second that. And we have a motion and a second to approve the minutes. Any further discussion? All those in favor of approving the minutes as they stand from the 08/06/2025 planning commission meeting, say aye. Aye. Aye. Any opposed, say nay. Okay. She used to be there, so I'm used to looking there. You know? Alright. And approval of the agenda. Apparently, there is one change we need to make. We need to remove the consideration of recommendation for the hazard site plan. There were some things that were still pending from the DRC meeting this morning. So we won't look at that today, but, hopefully, we'll be able to look at that in the near future. Alright.

Do we have to vote on that? Do

we need to or do I it's I know it does say approval of agenda.

They cancel.

This is just administrative. It's not a The chair just accepts the agenda. So I accept the I accept the agenda as it is right now or with the changes that we just talked about. And next is the planning staff report.

That would be me. Yeah. Alright. Let's

how are things going?

Pretty good, I think. We had our September DRC meeting this morning where we heard a minor subdivision, a rezone for annexation, another rezone, and three site plans. One of those site plans will come before you tonight as will one of those rezones because that annexation will be heard at city council next week. And so that's why we needed our public hearing on that one tonight. Okay. What else do I have to tell you? I don't think we had anyone send in their open and public meeting certificate. If you guys have that from the training that you did. If you could send that to the office or files, that would be great. K. If you need a link to the OPMA training, let me know, and I can get that to you.

I'd like one.

We can. Okay. I I've taken that from other meetings I've recently been to with my my other employment. Great. I wanna I don't wanna say my real job because this is pretty real too. So I'm yes. I can get you a date if you need a date. Perfect. So That can even get you the the minutes to that meeting that shows that it was administered at that meeting if we need it.

K.

K. Anything else? That's all I have at this time. K.

Alright. Then let's just jump right into the action items. We have a public hearing for we have a few public hearings. Let me do this real quick. Let me let me read some instructions that we have. If if you do want to make comments during the public hearing, please come up to the microphone, state your name. You do not need to give us your address, but you do need to be a resident of Hyde Park or someone directly involved in the in the hearing, in the ordinance, or or the subject that's being brought forward. Please speak into the microphone so that we can record your comments. Please limit your statements to three minutes. And your state your minutes are your minutes, not anybody else can't combine minutes. Please phrase your opinions in the form of statements, not questions. It's there's the opportunity to express your opinions, and then please address your comments to the council. Let's see. In the future, note that if you do have questions or need to discuss an issue, you may meet with the city council members or the appropriate staff member before the public hearing where a dialogue can take place. You can also provide written statements of your comments if you'd like. K.

In addition to that, public hearings are for testimony. So I don't know if your notes say opinions, but it actually should be for findings of facts. Okay. That's what we're collecting from the public.

It might I might have Okay.

We need facts, not thoughts and feelings.

K. Yes. Although your thoughts are important to us. So your opinions on how the we should do things are also important. But we'll take that into consideration also. Alright. The first public hearing is for ordinance number twenty twenty five dash 20 r z. It's an ordinance approving a zoning map amendment for a property located at approximately 3350 North Highway 90 in Hyde Park, Parcels 04 Dash 0 Set 37 Dash 001, amending 12.69 acres from commercial to mixed use zone. Who can we get to give us more information on that

before we open this? So there's a staff report in your packet, and inbox. There's also a vicinity map, the boundary survey, and then the written ordinance for this rezone request. The applicant requests the rezone to be able to develop apartments, townhomes, and commercial as allowed per Hyde Park City code 12.27. Exact unit counts and square footage will be determined after the zoning process is complete. The property has been vacant or in agricultural use. It has access from Wolfpack Way at the roundabout. K. Also, in the staff report, you'll find that the future land use map identifies this parcel as eligible for MX zoning for mixed use, and the general plan includes rezoning to mixed use as a strategy for the moderate income housing plan. Staff has also found we listed our reasons why this rezone would be in conformance with land use code, and our staff recommendation is there and also a possible motion at the bottom.

Alright. Okay. Alright. So I will then open the public hearing regarding this zoning change. If anyone has any comments, please come up to the microphone. Figures. I don't know how long I have to wait, but it doesn't look like anyone's moving. We need that Jeopardy music. Yeah. Alright. Since there has been no movement, we will close the public hearing and open this up for discussion among the planning commission. Just to make sure this just so I understand the exact location. This is right, where that traffic circle is by this new school, the new middle school. The parcels outlined kind of in a

neon blue on your Yep. Parcel map.

Well, like, these are right south of them. Right? Yep. K. And the I can't remember the name of the other business. It's just north of them. K.

And all of those changes that we made to the mixed use zone apply to this rezone? I do. As far as townhomes and space and dirt. Mhmm. Outstanding. As well as the the minimum amount of commercial at the That's still at Main Street. The Main Street side. K. Melinda, do you have any questions or comments?

I just wanna thank Nicole for the preparation and the staff report. I thought that was very helpful. Lays everything out. I I agree with it. I think this is a parcel where the road curves through it, like, right through the middle of it just divides it. So, I mean, no matter how they develop it, I assume they have to put in the entire road and all of the curb gutter sidewalk pathway, whatever, next to it eventually. I know that's not part of the reason.

Is there is there a future plan to have a stoplight there approximately there on the highway that they'll have to connect to?

You can talk about it.

So currently, the Hyde Park City future roadway network map and our master road plan shows there could be a light there in the future. We're finalizing agreement with UDOT right now to put that into writing. Right. But, yeah, Melinda's right. This there's we call the continuation of 200 South, although we've already deviated on the road that goes in front of the new middle school. It will curve down again through the parcel connecting with that kind of half road that's by moonlight diesel, and that could be a light in the future. Now if the developer is required to build all that road or most of the road, that's kind of to be determined. It depends on the application, the scale, and the scope of the development. So but generally speaking, the developer will have to install at least some of the road, if not all of it.

Yeah. I I have

designated that intersection. No. No. They have their

Not yet. We have a verbal agreement from letter you're talking about. Everybody saying they're okay with it. We're just waiting for signatures. The problem is the agreement that outlines where those lights go is between three different cities. So Hyde Park is ready to sign. One of our neighbors is also ready to sign. There's a third one of our neighbors who will rename, nameless that is not as keen to sign right now. So because it includes other towns too. Yeah. Because all all three cities have to sign it. So two of the three ready and waiting to sign. The third is figuring out some politics with UDOT.

I mean, the the intersection that was on Main Street would be entirely within Hyde Park City boundaries. Right? Right. Mhmm. Yep.

And it meets the spacing criteria that u dot has laid out. So it's

it's So I'm just waiting for the signatures. Don't understand why two other cities have to be the I think the plan includes their cities too. Right? Oh, well Yep.

I I can explain all the intricacies in politics to you at a different time. It it just take a long time. We don't really wanna know. Yeah.

K. I mean, I'm trying to do it with what's all around it, so I don't have an issue with this. And it's okay.

Melinda, please. I haven't yeah. I have nothing against the rezone either. I think anything they do in mixed zone, it it is great for that property.

I'll make a motion. I move to recommend that this parcel Wait. We have to recommend approval. Well, I'm fine. I'm I move to recommend to the city council approval of the rezone of Parcel 04 Dash 037 Dash 001 from commercial to mixed use. Alright.

And I second that motion. K. So we have a motion to recommend approval, the change to mixed use for that parcel. Any further discussion? No? Alright. All those in favor of approving the oh, I'm not gonna find it here in my

Making a recommendation of approval.

All those in favor of recommending approval to the city council that we

rezone Recommend the city council approve. K.

Parcel 04Dash037Dash001 from commercial to mixed use. All those in favor, say aye. Aye. Aye. Any opposed, say nay. And it was unanimous. So I don't know why I said nay, but that's or and Alright. The next public hearing is for ordinance number 2,025 dash 19 r z, an an ordinance proving a zoning map amendment for a portion of property located at approximately 520 South 100 West Hyde Park, Parcel 040 Dash 038 Dash 0023, amending 5.112 acres from r two to PI, which is public institution zone. Alright. So I will further information on on that.

K. As the item states on the agenda, it is a partial rezone. They are not rezoning the entire parcel. It's a seven acre parcel. They're rezoning five acres of that. We also have the survey that shows the section of the parcel that they are going to rezone. The owner would like to be eligible to build a church on that portion of the parcel. Therefore, it needs to be rezoned from residential to institutional. The parcel has existed for some time as vacant or in green belt. A previous application for subdivision was withdrawn in order to expedite the building of the proposed church. So a division of that property may happen in the future, which has no bearing on the rezone. The site plan has been proposed, but it has not been applied for yet. It won't until the rezone goes through. But as the staff report says, the future land map is currently silent on where public institution and churches should exist. The general plan is also silent about where those PI zones should be in the land use section. So that's why it's up to you folks to use your best judgment. We do find that this application is in conformance with the High Park City land use code and meets the standards therein. It it can receive all the services that it needs because of its location there.

Alright. Okay. So then I will open the public hearing on the rezone of this piece of property. Anyone has any comments? Or

The applicants are also welcome to speak during public hearings. Yes. Wish you.

I'm Leif Harris from BHT Architects. I'm the applicant. I don't have anything to say. I'm just letting you know I'm here if you need any questions answered. Thank you very much.

Alright. Any other comments or quest not questions, but comments? Did I open it formally? Okay. Short term memory loss. Alright then. I will close the public hearing. And open it up for the commission to discuss and ask questions and do whatever we need to do to figure out what we wanna do.

I have a question. Seem like we had a parcel for replied for a rezone months ago, and I thought I had to we could only rezone a whole an entire parcel. It had to be subdivided to rezone.

What I'm saying? Yeah. So the issue that we have with the applications in the past is we didn't require legal descriptions. It was just based on the entire parcel. Right. When Mikel started working for the city, she educated us a little bit and said we can rezone partially, but it requires that you have a legal description attached to that rezoning. And so this is our first application in I have no idea how long that we've done a partial rezone, and that's because we did it based on legal description, not partial boundary lights.

Okay. That's what I was remembering. So this is new.

K. Belinda, do you have any questions?

I I do not.

K. I was curious how wide is that proposed Lot 2? What what is the proposed or possible future use of that? Is that something that could be Currently housing lots later? Currently, it's zoned residential and r two. Right?

R two. We believe that should in the future, these folks want to sell it or develop on it, it could be subject to a PUD. It could be subject to a rezone to smaller lots, or it could be built on just as it is.

How how wide is it? Is it even wide enough to put a house on it? The same as the one across the street, it looks like.

It looks that way, but I don't know for sure because it's It would access off of the road in front of it so the lot width can be met.

So there'd be driveways going into the 200 West, which is a small you know, it's not a a major thoroughfare. But how can you measure how deep that is on the or is it do you know how deep that is, sir? K. Because it's not I don't see it on any of the

drawings unless the That's because it's not part of the proposal for rezone. For the leftover.

I I can address it. We we have drawn it up based on what we understand the zoning ordinance lot size to be in. We could fit four, so lots there easily.

Okay. Well, we might be able to fit more in there if we make a a PUD type thing and we're just trying to I think we were just looking at the current zoning. The the

the owner would sell it off and have somebody else develop it if it ends up going that way k. If they decide not to use it for the anything else.

K. Alright. Thank you. Yeah. As long as I mean, we can have a green belt there or we can have houses there, and I'm not sure what what the possible thoughts are with that.

Any other questions or comments among the commission? I I just have something just for my own education. So suppose take take any rezone, use this as an example. It goes to the p one or whatever it is, and then they change their mind and don't wanna do the project. Can you rewind it back to residential?

They could rezone it any way they wanted to. They could ask to rezone again to a a subdivision standard Correct. PUD R 4. They could do a great many number of things because it's five acres. They haven't split the parcel. It's still a seven acre parcel. But should they choose to change the zoning on that, they would do it again by legal description. Okay. They could rezone it right back to R 2 if they wanted to Okay. Through a public hearing process. Yeah.

Okay. Thanks. K. Alright. Melinda, anything else? Nope. K.

Then? I don't have anything else. Alright.

Well, sounds like we're we're done discussing that, is there?

I'll make a motion. I make a I move to recommend that to the city council approval of this partial rezone of that legal description there of that parcel portion of that parcel 04 Dash 038 Dash 0023, residential to public institutional.

I'll second that.

Okay. We have a motion and a second. Any further discussion? No? Okay. The all those in favor of, the to recommend to the city approval city council approval of the partial rezone of partial 04 Dash 038 Dash 0023 from residential to public institutional say aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. A Okay. Because we're all saying nay. That would be that would be a nay on a nay. A nay on a nay. Okay.

Got ready for

mixing. Alright. The third and final public hearing that we have tonight is for ordinance twenty twenty five dash 21 r z in ordinance approving a zoning map amendment for property located at approximately 4400 North Highway 191 Hyde Park, Utah. Parcel 04 Dash 006 Dash 0018. Amending 25.6 acres from Cache County zoning agricultural commercial to mixed use zone. I would I'm guessing that is to Hyde Park Hyde Park mixed use zone.

Yes. This applicant would like to annex into Hyde Park, and part of the annexation process is determining the zone that they will come in as, and they have chosen mixed use. As you can see from the map, they are next to some other mixed use zoning and other agricultural. So they kinda had their pick, and this is the choice that they made. In your staff report, you will see that the Nixons have applied for their annexation, and it has been considered by the city and the county. So that will be on city council's agenda next week. No plans for development have been submitted at this time. It's just the annexation and the reason that we are considering. The annexation was requested by the property owners. The city isn't asking them to do so. We wouldn't do that. Yes. And so this request comes from the property owner. The future land use map does designate this area for either commercial or mixed use, and the general plan, again, encourages rezoning property for development as one of the moderate income housing strategies. I did not include a motion in the staff report, but part of the benefit of them annexing into the city will allow them to connect to city services, which is one of the requirements for mixed use development and being in the city itself.

Just to make sure I understand that is

is it the lower of the two or the upper It's above the two red ones. It's the one outlined. Outlined in blue. Okay. Yep. And it's right on the northern boundary of Hyde Park. Right? Is this 7400 the northern boundary of what you've agreed with Smithfield? Of the annexation plan.

K. Where is the current is the current boundary the colored areas? Correct?

The current boundary would be the areas in color. Anything that says a 10 is county agricultural, and anything with a color other than that lovely butter beige is Hyde Park City zoning.

Alright. Then I will open up the public hearing. Is that I'm sorry. Are you done? Yes. Thank you. Okay. I'll open up the public hearing on this annexation slash rezone request.

Scott Nixon. I'm the owner along with my wife. Okay. I guess the city did not technically ask me, but I do know that this will help facilitate the extension of Wolfpack and does connect Smithfield to Hyde Park. So I think it makes sense. I think we all would like to do this. So hopefully, there won't be a problem. Alright. I'm here to answer any questions if anybody has any. Alright. Thank you very much, mister Nixon.

Alright. Any other comments? Alright. Then I will close the public hearing and open it up to the commission to discuss this request.

I mean, my thoughts are that it fits in line with the surrounding properties and

makes the most sense to me. That's what I would pick if I was just picking on my own. Seems to be a national natural extension of what we have planned. So, Melinda, do you have any questions? Or did we lose her?

No. I'm still here. I've yeah. I like mixed use or commercial, so either one of those, I'm I'm fine with.

Okay. The the current ordinances that we have about commercial are only for Highway 91. Correct?

So

It only has that Well, what I mean is the commercial buffer off it is on. Yeah. The commercial buffer has goes in however many feet. Right. Three feet. Mixed views off of the highway too. But I'm I just wanna make sure the 4400, there's not that requirement for 4400. No. Just 91. K.

Okay. I missed your motion, didn't I? I make a motion and approval of Parcel 04 Dash 006 Dash 001, we recommend city council approve the annexation of that parcel.

Are we doing the annexation, or are we doing the rezone? No. It's the rezone. Just the rezone. Rezone. Okay. We don't we don't do anything with the annexation? Correct. Alright. K. Sorry. Rephrase that.

I recommend the rezone of that parcel, 04 Dash 006 Dash 0018 to mixed use.

I'll second that.

K. And I just wanna make sure, sir, you understand that with mixed use, that means there's gonna be housing on that. Yes. Ken, well

Mhmm.

Is it all commercial? Can be. Ken it still can be all commercial? Yep.

Okay. You don't have to put any residential units in the mixed use zone. It just allows for that possibility if somebody wants it. Okay. But you can't go 100% residential.

Right.

Have to have at least some commercial. That would be a really good place for a restaurant, by the way. Just just whisper it in your ear. That's off the record.

Okay. Alright. And we are I wanna make sure I understand. We're recommending Reso. Approve approval of the rezone. Rizzo

if they annex it. As a as a part of the annexation process. Okay. Mhmm.

Okay. Linda, do you have any comments?

Nope. I don't.

We did have a we did have a motion. We had a motion. We need a second. Right? And I will second that motion.

I think. Okay.

Now I'm sorry. Melinda, do you have any comments?

No. I was thinking I seconded it, but maybe I don't remember. Doesn't matter.

K. Alright. Then we will vote. All those in favor of recommending approval, recommending the city council approve the rezone of this property from Cache County Agricultural Commercial to Hyde Park Mixed Use in conjunction with the annexation process.

Perfect.

Say aye. Aye. Aye. Any opposed, say nay. Alright. Looks like we've got another unanimous decision there. Congratulations. Well, I don't I shouldn't congratulate you yet. So that'd be a little bit premature. Right. I believe it will be.

Alright. I need some help on those restaurant recommendations. I can help them. I just need to do. Alright.

Alright then. We are not considering item six d at this point, and we'll move to six e, which is consideration of recommendation for the brick capital site plan. I believe we've already had a a public hearing on that when they many many moons ago. Is that correct?

You had a public hearing when they came to you for a conditional use permit for the use of the assisted living facility.

And the oh, go ahead. Was it a conditional use permit? Mhmm. Okay.

And then you also heard their preliminary plat for their subdivision

Right.

Which they've been through the final plat approval process. That's in the process of being recorded, and so now is the time for them to receive site plan approval so that they can move forward with their infrastructure and building permit. K. We did hear this application this morning at DRC. And through the subdivision process itself, we we looked at civil plans. And so by the time they got here for site plan, that was pretty easy. All of their things, their items that the engineer or anyone else needed them to fix had been fixed, including their utility easements for Rocky Mountain Power. We've determined that they meet a land use code and that they can form, with everything that they need to have on-site for this type of facility and include a small motion a possible motion at the bottom of the staff report. Well, sure. I can give you some history. Oh, the motion itself. Oh, I see what you're saying. Thanks. Just just wanna make sure So the process for approving site plan is a little bit different. It's not gonna go to city council for approval. It goes to the zoning administrator, which is Marcus. So when you make your motion, you're recommending approval to the zoning administrator of the site plan.

K. And this is for their because there are three lots we're talking about. Lot number three. Correct? The site plan for the skilled nursing facility? Correct. K. Just wanna make sure we got the right one because they do have the assist living, although it says future development there too. K. No public hearing. Any questions or comments on this? Do you remember this from before? Yeah. Yeah. This is a good project, I think. We're excited about this when we just saw it last time. Melinda, do you I'm not sure if you're familiar with this from before. Have you had a chance?

I've I've I've looked over some of those construction drawings. At first, I was upset because I thought that was a cul de sac, and then I realized, oh, it's a roundabout. Is that correct? K. And then I guess is it all zoned the same? I didn't sorry. I'm trying to work up my phone. It's a little small.

And they did get a conditional use permit for the skilled nursing facility itself.

Okay. So there's no timeline on when they have to put commercial in on the highway or anything?

No. This is a subdivision they did was a commercial subdivision.

Okay. Yep. No. I'm fine with it.

Yeah. So there's been no no rezoning on this. It's remained commercial. Correct. So I know we had discussion of whether or not care facilities and hospitals and are are commercial or are they public institution or whatever, but I think we determined that they were they were good in the in the zone that they were already they already had there.

Oh, sorry. Wait. I have one more. It looks like like there's that main road coming in from the east side, but there's also access from the south, and they have to connect to the parcel on the north.

Talking about the access on the south.

On their site plan, they've made those access points.

Yeah. For south and north.

Or possible future development. Yes.

Do we have any

already planned for those? Those are vacant at this time.

Oh, yeah. I was thinking the south was 600 South, but it's not quite there. There's the other piece.

Yeah. Almost. So that south parcel, there is an approved development, but they aren't they haven't submitted for building permits or anything yet. There's that's the lot that's for sale

using the plans that they've already got

up there as a They're currently selling it as a project, so land plus approved plans.

K. Alright. Any other questions or comments, Melinda? Nope. Ned?

Nope. But while we're at it, let's make a motion. And move that we re administrator, the site plan we approved of this BRICS Capital assisted living facility.

I'll second that.

Nursing facility.

You're right. It should say skilled nursing. Skilled nursing facility. Okay. Skilled nursing facility. That's what I that's what I really said. K.

I can still second it.

K. Alright. So we have a motion and we have a second. Any further discussion? Alright. The motion. All those in favor of recommending approval to the zoning administrator to approve this site plan for the skilled nursing facility. The BRICS I've already forgotten. BRICS Capital. Yep. For the yes. For the skilled nurse facility, say aye. Aye. Aye. Okay. Unanimous. Alright. Did that meet the requirements on that one? Okay.

Good. Great job.

Alright. We do have some discussion items, and these are ordinance changes concerning the DRC that we're gonna discuss

and who has the lead on that. Mikael? I'll start on that, and then Marcus can make corrections as I am not a 100%. So previously, we came before you also as a discussion item. This was in that big long list at my first meeting of things that we needed to update in our land use code. And one of those requests is that we make some changes with that DRC process, namely the part of our ordinance that names them as a land use authority, for the reason that we have to hold public meetings, to approve any applications that come to DRC, whether they require a public hearing, whether it's just a site plan, whether it's something big or something small, they still all have to wait for a DRC meeting. And we we would like to make some changes to the DRC process to streamline and get applications through a little bit faster instead of making people wait for a month for the next DRC meeting. And really, the only way to do that is to remove DRC as a land use authority and put them back as a recommending body for final plots. That's the only place in land use code where they are a land use authority, and we would like to have staff as the reviewing agency, DRC as the recommending body, and then zoning administrator as the land use authority for final plots. Alright. So these two documents that we've added to box have some I don't know if they're red lines. I think they're blue lines. Some edits that speak to that particular item, and then a couple of those blue lines also speak to are they red? Nice. Okay. The fee schedule issue that we talked about, that people were paying for their applications upfront instead of waiting for staff to mark them as complete and then requesting payment, which is the proper process. So those red lines include that edit as well, and also a couple of edits to the application process that require a title report when you apply for things like rezones or subdivisions and a survey when you apply for things of that nature so that we can verify ownership. So that we can verify easements, and so that we can verify property lines before we move forward with things like subdivisions or reasons.

K. So all we're looking at on the first portion, which is section 13 dash or dot 10 dot is the red line items, the things that you've added. Correct. There's only one place that I've seen so far that has a a takeout, and that's in paragraph the fees part.

This is in box?

Yeah. Go ahead, Marcus.

Yeah. So this folder is called ordinance updates drafts. I it was just added today. We're working on a

So maybe update? Refresh?

Refresh your box. If you haven't looked at it since this morning, it'll be there. And we Mikael summed up the changes really nicely. The 12 dot 40 is the ordinance governing the DRC itself and the rules around that body. The biggest changes there is just eliminating the need for keeping a public record of the DRC's activities. Obviously, everything that the city employees do is public record. We're not trying to not be transparent. We're just trying to eliminate the need for formal record keeping and meeting procedures. Like Mikhail said, it's become a bottleneck for the applications. And so we're trying to remove any references towards forcing an open and public meeting or procedural things that might be unnecessary. Any questions on twelve dot forty's changes?

Let me double check. Yeah. It was only on the last page. And that's yeah. The only thing is the records on that 12:40.

Right. In reality, the records that come out of DRC are gonna be red line comments that get sent back to the applicant. So it's not like it's gonna be a secret what they do. It's just instead of keeping a minutes format of records, it's just gonna be we'll go back on the application software and send the comments back to the applicant saying, hey. The DRC found these problems with your application. Please correct them and resubmit.

K.

I'll note to you that that is how most jurisdictions run their DRC. They it's not something that you notice on the state website. It's not something you publish an agenda for, and it's not something you publish minutes for. It's an internal process that's basically used to vet applications, and it's there are many different ways you can do it. Ours seems to be the most cumbersome and slow.

I I have a question. I thought you said you wanted the planning and zoning to be the land use authority when you spoke originally, but it looks like on this write up that you want the zoning administrator to be the land use authority. Did I mishear you, or did I

You didn't. What we did was check with state code again. Right. When they made their subdivision changes, one of the things that they took away was the public hearing for subdivisions. You would still hear it at preliminary plat stage, but by final plat, final plat should just be a formality. Right. The preliminary plat stage is when all of the corrections need to be made and anything needs to be buttoned up. Final plat is supposed to be a very streamlined process. And when we don't have to wait for a planning commission meeting to do that Right. And it also seems like final plat is kind of you get to final plat and people are really tapping their feet wanting to move on to the next stage. And so if we did not put it before planning commission and we just sent it to through those three bodies, city staff, DRC, and then zoning administrator, we could do that as staff

Right. At any time. No. I I totally get that process. I just thought you said it when you were introduced. We were we were considering that. Okay. This is is I like this. I mean, I like this, but I thought you said something different. That's why I was just making sure that we are on the same page. Okay.

Maybe I can ask a question that city council would ask. How much time is required of the city staff to determine whether or not an application is complete?

So for residential subdivisions and multifamily subdivisions, there is a ticking clock on that. I believe you have ten days to determine whether the application is complete, and then it needs to be paid for and sent to DRC for review. And then they get four rounds of approval through DRC, and then it needs to go to one public meeting, which will be our planning commission meeting. The the reason I ask is I'm just wondering

if, for example, someone brought an application in and it was not complete and then decided to withdraw it, how much time has the city salary has the city lost in determining whether or not that was complete? It's pretty obvious

fairly quickly if an application's complete. We have I have a checklist, and most often, it's something like a survey or owner's consent or something big. When we're evaluating completeness, we're not evaluating the details of the subdivision, whether they have the right amount of parking places and the right calculations for process. Correct. We're making sure that they have all the all the requested documents and permissions to move forward with their application. Then we deem it complete, and then we request if we make these changes, then we would request that they pay for their application, and then they would be vested and could move on to DRC. K. I just wanna make sure that

the city doesn't invest a lot of time, hence money into an application that may or may not be complete. And then the people decide, oh, never mind. I don't you know, I I don't wanna pay for a a survey right now. And you just go, well, we just spent, you know, ten hours at $50 an hour, $500 to determine something, and you've decided to pull it. We've lost we've lost out on $500.

Right. That's the other another reason for the edits to the section about 13 dot 10 dot zero five five general application requirements. Right now in our system, in our ordinance, we say that an application isn't complete and shouldn't be reviewed until somebody has paid all their fees. We wanna change that to say, after we've determined your application is complete, then the person can pay their fees and get in the system because we want to we wanna avoid that. Like Mikel said, it's pretty obvious when you open up an application, you're missing five things, and you say, you're missing five things. And that's a pretty good reason or a way for a person to identify, oh, I'm in over my head. I don't wanna actually do this. And then they can say, never mind. Yeah. I I just wanna make sure. I mean, it's we're talking

a matter of within an hour, you can

Right. Like, a reviewcom for completeness is you open the site plan and say, oh, this there are parking stalls. There is open space. This is a site plan. It's not counting the number of parking stalls, doing measurements to see the the acreage of the open space, counting the number of units. It's not that detailed. K. Depending on the complexity of the plan, it's anywhere from you know, it's it's a number of hours versus days, so it's it's not terribly onerous.

Okay.

So what's the process on this? Does this have to go to a public hearing? So this is just a discussion item. What we would like to do is get comments from the planning commission. If there's any serious red flags that you see or problems that you think still need to be addressed, we wanna take those comments. We wanna have this reviewed by the city attorney to make sure what we're proposing is in line with the state requirements for subdivisions because we know they're very particular. And after we get comments back from the city attorney, we would do a public hearing at that point.

K. I mean, I I'm I'm okay with this change, this this concept, you know, makes sense to me.

I'm all for it.

I know that Melinda has actually seen this from the city staff side also, so she's familiar with this process and how it can go awry if we we let it. K. I don't yeah. That was my only concern was to make sure that the city isn't investing a whole lot of time and therefore money in determining whether or not it's complete. If it's a simple process, a checklist, do do do, you know, check one, check two, check three Mhmm. Through check 10, then we're good. If it's more onerous than that, then I've I think city council might wonder, do we wanna obligate funds to that

when we're not sure if we're gonna get the funds back in the application fee? Right. It's a great point. Another thing that we're doing that's not gonna come to the planning commission but will go to the city council is we're redoing all the fees associated with all of these applications as well. Now that we have a new staff person here with a new salary to account for and a new set of people who review these plans, we need to redo all those fees to make sure we're not overcharging the applicants, but also not undercharging and having the taxpayer subsidize that. So the fee schedule changes won't come to the planning commission, but we are working on those to approve kind of at the same time as we finish these sweeping changes to the code. We'll have a new set of fees to go with it.

Okay. Any other comments, Melinda?

I wanna see the changes in that fee schedule. I know it doesn't come to us, but tell me where to look when I when you get to that point.

We can email it to you.

Thanks, Marcus.

Alright. Any other comment then? No. I don't have anything. Okay. Yeah. It looks looks good. You've thought about it, so we're not gonna We've we've put thought into it. That's important. So alright. That appears to be everything here. Are there any other ordinance changes that were are being worked on?

Yes. Like, it does. A lot, but not any that are like, have specific language that we want you to review yet. K. We're we're still workshopping a whole bunch of ideas.

K. Well, if you guys Thank you. Thank you for all of that.

I'd say if you guys worked on Fridays, I would be able to help you a little bit with that, but you're not here. So yeah. Me too. K. Alright. Is there anything else that needs to be brought before the commission?

I make a motion we adjourn.

Okay. We have a motion to adjourn. Second that one. Melinda seconds. All those in favor of adjourning, say aye. Aye. Aye. Hey. Thank you very much.

Thanks, Melinda.

Thanks, you guys. Sorry about those being weird.

We need to make sure that Melinda got to bed early enough since it's