Nov 25, 2025 Planning Commission

[Pre-Meeting 5:30 p.m.]

[00:00:03]

RECORDING IN PROGRESS. WE'LL GO AHEAD AND START THE PRE MEETING FOR THE WEST JORDAN PLANNING COMMISSION NOVEMBER 25TH, 2025. ALL MEMBERS ARE PRESENT WITH THE EXCEPTION OF COMMISSIONER ALLEN. SO WE'LL GO AHEAD AND GET STARTED. FIRST THING ON THE AGENDA, IT WAS THE MEETING MINUTES FROM LAST MEETING. ANY QUESTIONS OR. OKAY. NEXT IS THE PUBLIC HEARINGS WITH THE FINAL ACTION BY THE PLANNING COMMISSION. AND THIS ONE'S FOR THE PADDLE PARK, AND IT LOOKS LIKE MEGAN. YES. SO THIS IS JUST A CONDITIONAL USE PERMIT IN AN INDUSTRIAL ZONE. AND ONE OF THOSE LARGE WAREHOUSE BUILDINGS. IT'S FOR A PERSONAL INSTRUCTION SERVICE. THEY'RE DOING PADDLE, I THINK IS WHAT IT'S CALLED. JUST LIKE A KIND OF A ATHLETIC TRAINING FACILITY.

AND WE HAVE ONE CONDITION OF APPROVAL. AND. YEAH, HAPPY TO ANSWER ANY QUESTIONS. ANY QUESTIONS FOR MEGAN? OKAY. CAN YOU TELL ME WHAT IS PADDLE? ARE WE TALKING PICKLEBALL OR WHAT? WHAT ARE YOU TALKING ABOUT? SO MY UNDERSTANDING IS IT'S DIFFERENT, BUT SIMILAR TO PICKLEBALL OR TENNIS. ALL RIGHT. THANK YOU. BUT SIMILAR I LIKE THAT. ANY OTHER QUESTIONS? OKAY.

NEXT IS THE COPPER MOUNTAIN PLAZA. AND THAT LOOKS LIKE MEGAN. THAT'S YOU AGAIN? YEAH.

THIS IS A PRELIMINARY SITE PLAN. AT THE INTERSECTION OF 90TH SOUTH AND 5600 WEST, RIGHT BY THE MOUNTAIN AMERICA CREDIT UNION. AND THE SITE PLAN, IT'S FOR A RETAIL BUILDING WHICH WILL POTENTIALLY HAVE FOUR TENANTS IN IT. AND THEN A DRIVE THROUGH RESTAURANT. THE TENANTS ARE UNKNOWN, AND THE SITE PLAN LOOKS PRETTY GOOD. AND IT WENT TO THE DESIGN REVIEW COMMITTEE LAST MONTH AND THEY DIDN'T HAVE ANY COMMENTS. SO YEAH, HAPPY TO ANSWER ANY QUESTIONS. ANY QUESTIONS FOR MEGAN? OKAY. NEXT IS THE TERRAIN POOL COMPLEX. AND RIGHT NOW YOU'RE ON. SO THE TERRAIN DEVELOPMENT IS JUST DEVELOPING THEIR POOL COMPLEX REQUIRED AS PART OF THE MASTER DEVELOPMENT PLAN MASTER DEVELOPMENT AGREEMENT. SO THEY'RE JUST PUTTING THAT IN NOW. IT'S WAS REVIEWED BY THE DESIGN REVIEW COMMITTEE. IT WAS IT WAS BUILT TO OR OR DESIGNED AFTER THE BISTRO WHICH YOU APPROVED EARLIER. IT'S PRETTY STRAIGHTFORWARD. POOL DECK CHANGING ROOMS. AND THIS IS FIRST FOR SITE PLAN APPROVAL. AND THEN THERE'S ALSO A PRELIMINARY SUBDIVISION. THERE'S TWO MOTIONS IN FRONT OF US THEN. YEAH OKAY. ANY QUESTIONS FOR RAY? OKAY. NEXT IS WAGSTAFFE INVESTMENTS ON DUSTIN LANE. AND IT LOOKS LIKE RAY. YEAH. SO SO THIS IS A REQUEST TO REZONE PROPERTY WHICH IS LOCATED AT THE INTERSECTION OF 90TH SOUTH NEW BINGHAM HIGHWAY. THERE'S A LITTLE REMNANT TRIANGULAR PARCEL THAT'S VACANT. IT'S BASICALLY TWO PIECES OF PROPERTY. THE REQUEST BEFORE YOU THIS EVENING FROM MY STAFF DEVELOPMENT IS TO REZONE THE PROPERTY. SO AT SOME POINT IN THE FUTURE THEY CAN DEVELOP IT FOR A NEIGHBORHOOD COMMERCIAL ZONING. SO ONE OF THE THINGS JUST TO KEEP IN MIND AS YOU'RE GOING THROUGH THIS IS THAT THIS IS FOR THE REZONING ONLY AND THE FUTURE LAND USE MAP AMENDMENT, BUT NOT FOR THE SITE PLAN THAT WILL BE COMING BACK BEFORE YOU AT SOME FUTURE DATE. SO WE'LL WALK YOU THROUGH THE THE PROS AND CONS OF ZONING AT COMMERCIAL OR KEEPING IT AS IS RESIDENTIAL. SO IT'S CURRENTLY ZONED R1 TEN. THE REQUEST IS TO REZONE THAT TO SC TWO. SC ONE NEIGHBORHOOD COMMERCIAL. OKAY. ANY QUESTIONS JIMMY. YEAH JUST A QUICK QUESTION. DOES THAT RESULT IN THE ABILITY TO PUT MORE HOMES IN OR LESS HOMES IN? IF THEY REZONE IT TO COMMERCIAL, THERE WON'T BE ANY HOMES IN THAT TRIANGULAR PIECE. I'LL HAVE TO SHOW YOU UP ON THE IS THAT THERE'S A SECTION THAT THEY WANT TO DO, LOW DENSITY RESIDENTIAL IN THAT CHART IS BOTH BOTH SECTIONS WHEN I WAS LOOKING AT THAT IS FOR

[00:05:02]

AND THEY SAYING THAT FOR THE NORTH SECTION THEY WANT LOW DENSITY RESIDENTIAL. AND SO THAT'S WHAT THAT'S WHAT'S EXISTING. THAT'S WHAT'S ACROSS THE STREET. SO THIS THIS CHART IS NOT AS TO THE ACTUAL PROPERTY. IT'S JUST A SURROUNDING PROPERTY. IT'S THAT'S CORRECT. SURROUNDING PROPERTIES OKAY. ANY OTHER QUESTIONS? OKAY. THANKS, RAY OKAY. NOW WE'LL TURN IT OVER FOR TRAINING. OKAY. SO I GAVE YOU A PAPER HANDOUT FRONT AND BACK OF A SHEET OF PAPER. TODAY'S TRAINING WE'RE GOING TO TALK ABOUT EX-PARTE COMMUNICATION, WHICH IS JUST A REALLY FANCY LATIN WORD. RIGHT. THAT SOUNDS A LOT MORE CONVOLUTED AND DIFFICULT AND MYSTIC THAN IT REALLY IS. AS IT SAYS THERE IN THE DEFINITION ON THE TOP OF THAT PIECE OF PAPER I GAVE YOU, IT'S EX PARTE COMMUNICATION IS COMMUNICATION BY A DECISION MAKER WITH ONE PARTY WITHOUT KNOWLEDGE AND PRESENCE OF THE OTHER PARTIES, AND MOST USUALLY THIS TERM COMES UP IN THE CONTEXT OF A JUDICIAL PROCEEDING. RIGHT? IT'S IN COURT. YOU HAVE A JUDGE WHO'S A NEUTRAL FIGURE, AND MOST FREQUENTLY YOU HAVE TWO PARTIES, RIGHT? THE PLAINTIFF AND THE DEFENDANT. AND SO TYPICALLY, EVERYTHING THAT HAPPENS IN THE COURTROOM, EVERYBODY'S PRESENT ALL AT THE SAME TIME. RIGHT? THE JUDGE ONLY TALKS TO THE PLAINTIFF AND DEFENDANT AT THE SAME TIME. HE DOESN'T TALK TO JUST THE PLAINTIFF OR JUST THE DEFENDANT, WITH VERY LIMITED EXCEPTIONS, THE SAME TYPE SITUATION EXISTS IN THE REALM OF LAND USE APPLICATIONS. AND SPECIFICALLY TODAY WE'RE GOING TO TALK ABOUT ADMINISTRATIVE LAND USE APPLICATIONS. SO SUBDIVISION PLAT APPLICATIONS, SITE PLAN APPLICATIONS, CONDITIONAL USE PERMIT APPLICATIONS. WHEN SOMEBODY FILES ONE OF THOSE APPLICATIONS THAT EVENTUALLY ENDS UP IN FRONT OF YOU AS A PLANNING COMMISSION SET OF DECISION MAKERS. AND YES, GET A LITTLE CLOSER. ALL RIGHT. IS THAT BETTER? YEAH. OKAY. SO AND THEN YOU END UP BEING THE DECISION MAKERS. YOU'RE ACTING A COLLECTIVELY AS THE JUDGE LIKE FIGURE, RIGHT. AND A LOT OF TIMES WE THINK OF A LAND USE APPLICATION AS REALLY ONLY BEING ONE PARTY. BUT IT'S MORE RIGHT. IT'S NOT JUST THE APPLICANT. THERE MIGHT BE OTHER INTERESTED PARTIES LIKE IMMEDIATELY ADJACENT LANDOWNERS OR WHATEVER IT MIGHT BE. RIGHT? SO THERE ARE IN FACT MULTIPLE PARTIES. IN FACT, EVERYONE TO SOME DEGREE IN THE CITY IS AN INTERESTED PARTY ONE WAY OR ANOTHER, RIGHT? MAYBE NOT DIRECTLY INTERESTED, BUT IF IT'S A A RESTAURANT OR A BUSINESS COMING IN, THERE'S AN INTEREST. MAYBE IF PEOPLE LIKE THAT PARTICULAR BUSINESS OR DON'T LIKE THAT BUSINESS OR WHATEVER. SO. WHICH TAKES ME TO THAT NEXT CATEGORY OF, OF INFORMATION THAT I HAD THERE, WHICH IS LAND USE APPLICATION AND DECISION PROCESS. REALLY. IT'S A PUBLIC PROCESS, RIGHT? WITH PUBLIC NOTICE THERE'S DUE PROCESS, WHICH MEANS PEOPLE HAVE THE RIGHT TO KNOW ABOUT THE MEETING AND TO SHOW UP TO THE MEETING AND LISTEN IN TO THE MEETING, BECAUSE IT IS A PUBLIC MEETING UNDER THE OPEN MEETINGS ACT. AND THAT'S WHY THESE DECISIONS ARE SO MUCH DIFFERENT THAN OTHER DECISIONS WE MAKE IN EVERYDAY LIFE. RIGHT? A LOT OF DECISIONS WE MAKE ARE PURELY PRIVATE, EVEN HUGE DECISIONS. IF I DECIDE TO BUY A BUSINESS FROM SOMEBODY ELSE AND THE BUSINESS IS WORTH $1 MILLION AND I HAVE FINANCING TO BUY IT, THE ONLY PEOPLE THAT NEED TO KNOW ABOUT THAT IS ME, THE PERSON I'M BUYING THE BUSINESS FROM, THE BANK THAT I'M USING TO FINANCE THE TRANSACTION. BUT NOBODY ELSE REALLY NEEDS TO KNOW, RIGHT? IT'S PRIVATE. THERE'S NO PUBLIC NOTICE. THERE'S NO PUBLIC HEARING, THERE'S NO PUBLIC MEETING. IT'S PURELY PRIVATE.

BUT WITH LAND USE APPLICATIONS, IT'S A PUBLIC PROCESS. THERE IS PUBLIC NOTICE, THERE IS A PUBLIC MEETING AND THE BUSINESS OF THE PEOPLE, ACCORDING TO THE OPEN MEETINGS ACT, HAS TO BE DONE IN PUBLIC, RIGHT IN FRONT OF EVERYBODY ELSE SO THAT THEY CAN SEE IT. AND IN FACT, IN SOME INSTANCES, IF THERE'S A PUBLIC HEARING, THEN NOT ONLY DO THEY HAVE THE RIGHT TO HEAR IT, THE DELIBERATION AND THE APPLICATION AND THE FINAL DECISION, BUT ALSO THEY CAN PARTICIPATE BY MAKING COMMENTS, RIGHT. THE OTHER THING I THINK THAT'S UNIQUE THAT MOST PEOPLE DON'T REALIZE WITH THIS PROCESS AND THE PUBLIC, IS THAT YOU DON'T HAVE UNFETTERED DISCRETION WHEN IT COMES TO AN ADMINISTRATIVE APPLICATION, RIGHT? IN FACT, LAND USE

[00:10:07]

DIRECT HIM TO THE PROPER FORUM. THAT'S RIGHT HERE. RIGHT. THAT'S THIS IS WHERE EVERYBODY IS. THIS IS WHERE EVERYTHING'S BEING DISCUSSED. THIS IS WHERE EVERYBODY CAN LISTEN IN. THIS IS WHERE THE DECISIONS MADE MADE. IT'S NEVER A BAD IDEA TO JUST ENCOURAGE SOMEBODY TO COME TO THE MEETING THAT'S POSTED FOR EVERYBODY TO COME TO. AND IF HE HAS SOMETHING RELEVANT, THEN WHAT? TELL HIM TO SPEAK. SPEAK ON IT. YEAH, UNDOUBTEDLY THERE'S A PUBLIC HEARING BECAUSE EVERY SITE PLAN, WE HAVE A PUBLIC HEARING ON IT. RIGHT. AND SO HE CAN SAY, GO UP TO THIS PODIUM DURING THE PUBLIC HEARING ON THE SITE PLAN, GIVE HIS RELEVANT INFORMATION HERE. AND WHAT'S THE ADVANTAGE TO HIM GIVING IT HERE VERSUS TO YOU AT MAVERICK? IT'S ON THE

[00:15:04]

OKAY. WHAT ELSE? ARE THERE OTHER ISSUES? WHAT ELSE WOULD YOU DO OR SAY? AS LONG AS HE DID THOSE TWO THINGS, I WOULD SAY THERE'S NOTHING ELSE TO DISCUSS BECAUSE YOU REALLY CAN'T DISCUSS ANYTHING UNLESS YOU'RE IN FRONT OF THE PLANNING COMMISSION AND FOR PUBLIC RECORD. YEAH. OTHERWISE YOU CAN GET IN. AND SO IF HE PRESSURED YOU, WELL, LET ME JUST STILL TELL YOU ABOUT IT. NOW, YOU COULD JUST KEEP REMINDING HIM. MORE PEOPLE CAN HEAR IT HERE.

IT'S ON THE RECORD. BUT IT NEVER HURTS TO EXPLAIN TO SOMEBODY. RIGHT. BECAUSE NONE OF US LIKES TO HEAR SOMETHING WE DON'T WANT TO HEAR. BUT IF WE HEAR A GOOD REASON FOR IT AND WE EXPLAIN IT TO THEM, IT'S ON THE PUBLIC RECORD. EVERYBODY CAN HEAR IT. IT'S CERTAINLY, YOU KNOW, IT WOULD BE INTERESTING FOR ME TO HEAR, BUT WOULDN'T WE WANT EVERYBODY TO HEAR IT? RIGHT. OKAY, GOOD. SO LET'S MOVE ON TO FACT NUMBER THREE THEN. IT'S THIS IS A COMMUNICATION WITH A FORMER CITY COUNCIL MEMBER. SO YOU'RE ON YOUR WAY TO PLANNING COMMISSION MEETING. YOU'RE YOU'RE DOWN AND, YOU KNOW, MAYBE IN THE PARKING LOT OR JUST WALKING INTO THE BUILDING OR OR WHATEVER. AND THIS FORMER COUNCIL MEMBER CATCHES YOU AND SAYS, HEY, YOU KNOW, IT'D BE REALLY GOOD IDEA IF HIS FRIEND BOB SMITH'S PRELIMINARY SITE PLAN FOR THE NEW STEAK RESTAURANT WAS APPROVED, BECAUSE, YOU KNOW, WE REALLY NEED A STEAK RESTAURANT, ANOTHER ONE HERE IN WEST JORDAN. OR DO WE HAVE ONE? IS THAT BE A FIRST? OH, WE DO. WE HAVE AT LEAST TWO AT JORDAN LANDING. BUT ANOTHER ONE. THERE ARE TWO.

BUT MOST PEOPLE DON'T REALIZE IT. AND GO CHECK IT OUT. SO IF SO IF HE HE'S HE REALLY REALLY WANTS BOB SMITH TO GET HIS APPLICATION APPROVED. I FIGURE IF I DISTRACT YOU ENOUGH, YOU MIGHT NOT GIVE A SMART AN ANSWER BECAUSE YOU'LL BE TOO WORRIED ABOUT WHAT THE STEAK RESTAURANTS ARE. BUT IF IF THAT HAPPENED, WHAT WHAT WOULD YOU DO? YOU KNOW YOU LIKE THIS FORMER COUNCIL MEMBER. YOU DON'T WANT TO SAY SOMETHING INAPPROPRIATE. YOU WANT TO SHOW RESPECT, BUT YOU WANT TO SAY AND DO THE RIGHT THING. AND. AND YOU WOULDN'T MIND THE STEAK RESTAURANT EITHER, RIGHT. BUT WHAT ARE THE ISSUES AND WHAT WOULD YOU DO OR SAY? THANK YOU FOR YOUR INTEREST. YOU SHOULD KNOW. OKAY, SO YOU GUYS ARE GETTING SOME GOOD PAT ANSWERS NOW. THAT'S GREAT. BUT THEY ARE THEY ARE GOOD PAT ANSWERS. THEY'RE NOT JUST AND THAT'S THAT'S GOOD. WHAT ELSE. WHAT OTHER ISSUES ARE THERE. WELL FIRST OF ALL, IF HE'S A COUNCIL MEMBER, HE KNOWS THE RULES, RIGHT? YEAH. HE OR SHE SHOULD KNOW THE RULES, RIGHT. THAT SHOULDN'T THAT SHOULD. YEAH. SO YOU'RE NOT TELLING SOMETHING TO SOMEBODY THAT WOULD, WOULD EVEN BE CONFUSED OR HURT FOR THE FIRST TIME THAT THAT'S THE CASE. RIGHT. AND WHAT IS THE RISK IF, IF WE TOO FREQUENTLY LIKED BOB SMITH'S RESTAURANT APPLICATION AND LIKED JANE DOE'S WHATEVER APPLICATION, DONUT SHOP APPLICATION OR WHATEVER IT MIGHT BE, AND WE START LOOKING AT APPLICATIONS AS WHETHER WE LIKE THEM OR DON'T LIKE THEM. WHAT'S THE DANGER IN THAT? WHAT'S THAT OBJECTIVE? WE'RE NO LONGER OBJECTIVE. DING DING DING. YEAH. CORRECT ANSWER.

THAT'S A GOOD ONE. THAT'S ABSOLUTELY IT. BECAUSE THAT'S THE WHOLE NOTION. RIGHT. YOU'RE FILLING THE JUDGE LIKE ROLE. YOU'RE SUPPOSED TO BE 100% NEUTRAL. YOU ARE SIMPLY APPLYING FACTS TO THE LAW. AND I MAY HAVE MENTIONED, BUT AT ONE TIME I HELPED SET UP A NEW WELL, I'VE HELPED SET UP A COUPLE OF NEW CITIES, BUT I HELPED SET UP THIS ONE NEW CITY AND ONE OF THE FIRST ROLES I HAD AS I STARTED AS THEIR CITY ADMINISTRATOR AND CITY ATTORNEY IS I GOT TO INTERVIEW ALL THE PLANNING COMMISSION MEMBERS FOR THE MAYOR, AND THEN HE WOULD DECIDE WHICH ONES HE WANTED TO APPOINT. AND MY TWO MAIN QUESTIONS I WOULD ASK THESE POTENTIAL PLANNING COMMISSION MEMBERS WAS, HEY, YOU KNOW, IF AN APPLICANT CAME IN FRONT OF YOU AND SHE WAS REALLY SYMPATHETIC AND YOU REALLY WANTED TO APPROVE HER APPLICATION, BUT THE CITY'S LAND USE REGULATIONS MADE IT VERY CLEAR YOU JUST COULDN'T.

[00:20:03]

BUT THEN SHE GOES ON TO SAY THAT THERE'S A SHE KNOWS THAT THERE'S A CONDITIONAL USE PERMIT AGENDA ITEM ON NEXT WEEK, ON THE NEXT PLANNING COMMISSION MEETING AGENDA. AND SHE ASKED YOU SHE'S READ THE STAFF REPORT AND SHE'S THINKING ABOUT THE DETRIMENTAL EFFECTS. IF THOSE ARE THE RIGHT ONES AND IF THERE'S THE RIGHT PROPOSED CONDITIONS TO MITIGATE THEM.

AND SHE WANTS TO HAVE THAT DISCUSSION WITH YOU ABOUT THAT APPLICATION. IF THERE WERE NOT DETRIMENTAL EFFECTS YOU THINK THERE ARE AND WHAT CONDITIONS, THEN WHAT SHOULD YOUR RESPONSE BE? WHAT WHAT WOULD YOU DO OR SAY? I WOULD SAY, I DON'T KNOW, I HAVEN'T READ THE PACKET YET.

THAT'S REALLY GOOD. I LIKE THAT, EXCEPT FOR IF YOU HAD READ THE PACKET, THAT WOULD TECHNICALLY BE LYING, EVEN THOUGH FROM AN EXPERT'S POINT OF VIEW THAT'S A GOOD THING. BUT. BUT YEAH, SO WHAT ARE THE ISSUES, RIGHT. BECAUSE EVEN IF IT'S IT'S NOT WITH A PARTY, YOU'RE NOT TALKING TO ONE OF THE PARTIES, YOU'RE NOT TALKING TO THE APPLICANT, YOU'RE NOT TALKING TO. IT'S A FELLOW DECISION MAKER. I THINK THE BIGGEST ISSUE IS THAT YOU'RE INTRODUCING BIAS BECAUSE YOU CAN'T ADEQUATELY REPRESENT BOTH SIDES. SO I CAN POINT OUT AN

[00:25:04]

INTRODUCING BIAS TO THE EQUATION. YEAH, BECAUSE MAYBE I'VE ONE PERSON, ONE PLANNING COMMISSION MEMBERS ONLY READ PART OF THE REPORT, MAYBE THE OTHER ONES ONLY READ ANOTHER PART. NOBODY'S FULLY READ IT. WE DON'T HEAR THE WHOLE CONTEXT DIRECTLY FROM THE APPLICANT'S MOUTH AT THE PODIUM. WE'RE ALREADY COMING IN. PRETTY BIASED A LITTLE BIT. I MEAN, IT'S OKAY IF WE'RE DOING JUST OUR OWN READING, BUT IF WE'RE HAVING A DISCUSSION, THAT'S WHEN WE START BUILDING THE BIAS. RIGHT? AND YOU'RE LEAVING OUT THE OTHER DECISION MAKERS.

RIGHT, AS WELL. IF, IF IT'S YOU SHOULDN'T REALLY HAVE A DELIBERATION UNLESS YOU'RE ALL PRESENT RIGHT IN FRONT OF EVERYBODY DELIBERATING IN PUBLIC. OKAY. LET'S GO TO THE LAST ONE. WE'VE GOT ENOUGH TIME FOR FACT PATTERN NUMBER FIVE. AND THIS IS A COMMUNICATION WITH THE APPLICANT. AND THIS IS THE APPLICANT FROM LAST WEEK'S PLANNING COMMISSION AGENDA. SO YOU ALREADY HAD THE ITEM ALREADY DISCUSSED AND VOTED ON IT MADE A DECISION. THE APPLICANT FROM LAST WEEK'S PC AGENDA CALLS YOU ON YOUR PHONE PERSONAL PHONE. AND HE ASKED WHY A CERTAIN CONDITION WAS IMPOSED AT THE MEETING WHEN HIS CONDITIONAL USE PERMIT WAS APPROVED FOR A NEW PET BOARDING USE AND A MANUFACTURING ZONE. HE KNOWS THAT YOU WERE PART OF THE DISCUSSION CONCERNING THE CONDITION THAT WAS ULTIMATELY APPROVED AS PART OF THE MOTION, AND IT'S JUST KIND OF WONDERING WHY THAT PARTICULAR CONDITION WAS IMPOSED. WHAT WOULD YOU DO THERE OR WHAT ARE THE ISSUES? THIS ISN'T SIX MONTHS. IT'S LIKE MAYBE THE NEXT WEEK OR SO, RIGHT? I WOULD THINK MAYBE ONE OF THE CONCERNS WOULD BE THEY COULD APPEAL IT. AND SINCE IT'S POSSIBLY TO BE APPEALED, YOU PROBABLY SHOULDN'T GO. GOOD JOB. YOU'RE STILL IN THE APPEAL PERIOD. NEED TO BE REALLY CAREFUL. YEAH. YEAH. THIS. AND WHAT IS OUR APPEAL PERIOD HERE ON ADMINISTRATIVE APPLICATIONS. CURRENTLY IT'S 15 DAYS. SO IF 16 DAYS HAVE GONE BY LET'S LET'S CHANGE THE FACT PATTERN. IT'S 16 OR 17 DAYS SINCE THE PLANNING COMMISSION MEETING WHEN YOU HAVE THIS DISCUSSION. I STILL WOULDN'T INVITE THE CONVERSATION. I WOULD RECOMMEND THAT THEY REACH OUT TO THE PLANNING DEPARTMENT AND SPEAK THERE. THERE YOU GO. YOU GUYS MAKE DECISIONS COLLECTIVELY TOGETHER IN THIS MEETING. YOU'RE NOT COLLECTIVELY THERE EXPLAINING YOUR COLLECTIVE DECISION, BUT STAFF CAN ALWAYS TALK RIGHT ABOUT WHAT HAPPENED, WHAT THE RECORD SAYS. NO RISK THERE BECAUSE THEY'RE NOT THE DECISION MAKER ON THE DECISIONS YOU'VE MADE, I THINK IS BECAUSE REALLY WHAT WE'RE TALKING ABOUT IS NOT NECESSARILY WHAT HAS TO BE DONE AS MUCH AS WHAT'S THE BEST PRACTICE. RIGHT? AND DEFINITELY THAT'S THE BEST PRACTICE. AND WHY SHOULD WE SETTLE FOR SOMETHING LESS THAN A REALLY GOOD BEST PRACTICE? BUT THAT'S ALL I HAVE. I THINK WE'RE OUT OF TIME. AND THANKS. THANK YOU. DUNCAN. I GOT LIKE 30S. WE'LL GO AHEAD AND START AS SOON AS I KNOW. I DO NOT SEE YOU. ALL RIGHT. NOW IT IS

[GENERAL MEETING 6:00 p.m.]

[1. Approve Minutes from October 21, 2025]

[00:30:01]

[2. Padel Park; 9151 South Prosperity Road Suite 400; Conditional Use Permit for Personal Instruction Services; M-1 Zone; Padel Park Inc./Isaac Holt (applicant) [Megan Jensen #35020; parcel 26-02-326-004]]

WE DON'T HAVE OUTDOOR PROGRAMING, OUTDOOR SOUND OR EXTERIOR EQUIPMENT STORAGE. OUR TEAM CONSISTS OF ONE FULL TIME EMPLOYEE AND THREE PART TIME COACHES, SO IT'S A SMALL AND CONTROLLED OPERATION. EVERYTHING WE DO CENTERS AROUND INSTRUCTION, PERSONAL IMPROVEMENT AND COMMUNITY FITNESS. NEXT, I WANT TO ADDRESS THE COMPATIBILITY WITH THE GENERAL PLAN. THE STAFF REPORT CLEARLY STATES THAT OUR USE HAS NO DETRIMENTAL EFFECT ON THE GENERAL PLAN. IN FACT, PERSONAL INSTRUCTION SERVICES LIKE OURS ARE CONSIDERED LESS INTENSIVE THAN THE MANUFACTURING USE USES ENVISIONED IN THIS AREA. ALL ACTIVITY HAPPENS INDOORS. THE FACILITY IS ABOUT 1100 FEET FROM THE NEAREST RESIDENTIAL STRUCTURE, WHICH ENSURES FULL BUFFERING AND NO IMPACT ON NEIGHBORHOODS. OUR USES. FULLY COMPATIBLE WITH M1 ZONING, THE M1 ZONE ALLOWS PERSONAL INSTRUCTION SERVICES AS A CONDITIONAL USE, AND THE STAFF REPORT EXPLICITLY STATES THAT OUR PROPOSAL IS HARMONIOUS WITH THE ZONE. PARKING AND TRAFFIC WERE ALSO EVALUATED IN THE STAFF REPORT. PADDLE PARK WILL HAVE 30 DEDICATED PARKING STALLS AT MAXIMUM CAPACITY, WITH ALL SIX COURTS RUNNING AND ALL STAFF PRESENT WHO WOULD HAVE 28 PEOPLE IN THE BUILDING. TRAFFIC GENERATION REMAINS LOW AND DISTRIBUTED AND DISTRIBUTED THROUGHOUT THE DAY BECAUSE LESSONS AND OPEN PLAY ARE SCHEDULED. THE REPORT STATES THAT NO DETRIMENTAL TRAFFIC IMPACTS ARE ANTICIPATED AND ACCESS FROM THE 9000 SOUTH IS ADEQUATE FOR OUR USE IN TERMS OF PUBLIC HEALTH AND SAFETY.

THE FIRE DEPARTMENT REVIEWED OUR APPLICATION AND IDENTIFIED THE NEED TO PROTECT SPRINKLER HEADS FROM AIRBORNE BALLS. WE HAVE COMMITTED TO INSTALLING APPROVED NETTING FOR SPRINKLER GUARDS TO MEET THAT REQUIREMENT. OTHER THAN THAT MITIGATION, THE STAFF REPORT NOTES NO DETRIMENTAL IMPACT RELATED TO PUBLIC SAFETY, UTILITIES OR EMERGENCY SERVICES. NO NEW UTILITY CONNECTIONS ARE NEEDED, AND ALL INFRASTRUCTURES ALREADY SUPPORTS OUR USE. PADDLE PARK IS FULLY COMPATIBLE WITH THE GENERAL PLAN, AND M1 ZONE MEETS ALL SITE AND PARKING REQUIREMENTS. CREATES NO DETRIMENTAL TRAFFIC OR SAFETY IMPACTS, AND OPERATES ENTIRELY INDOORS. THE ONLY ONLY CONDITION IDENTIFIED BY STAFF IS THE SPRING, THE SPRINKLER PROTECTION, WHICH WE'VE ALREADY COMMITTED TO. STAFF RECOMMENDS APPROVAL AND WE RESPECTFULLY ASK FOR YOUR APPROVAL AS WELL. THANK YOU FOR YOUR TIME. THANK YOU. ANY QUESTIONS FOR THE APPLICANT? COMMISSIONER ALLEN, THANK YOU FOR COMING. SO PREPARED. THAT WAS A GREAT STATEMENT. YOU HIT ALL THE CHECKBOXES THAT I THINK WE WE EXPECT. IT MEANS THAT YOU'VE REVIEWED THE PROCESS. YOU UNDERSTAND THE PROCESS. AND I AGREE WITH YOU. I'M MORE OF A QUESTION I HAD TO LOOK PADDLE UP. SOUNDS LIKE IT'S A LITTLE BIT LIKE SQUASH MEETS TENNIS KIND OF MASHED TOGETHER. YEAH. I REMEMBER 4 OR 5 YEARS AGO BEING UP HERE AND SUDDENLY WE'RE HEARING ABOUT PICKLEBALL COURTS IN THE SAME KIND OF A THING, AND IT'S LIKE, WHAT IN THE WORLD IS THAT? IS THIS SUPPOSED TO BE TAKING OVER PICKLEBALL? IS THIS LIKE THE NEXT BIG THING? WHAT WOULD YOU SAY, ADAM? IT'S IT'S THE FASTEST GROWING SPORT IN THE WORLD, ACTUALLY. AND IT'S ACTUALLY GROWING FASTER THAN PICKLEBALL IN THE UNITED STATES NOW. SO. BUT IT'S SMALL, OF COURSE, IN THE US, OUTSIDE THE US, THOUGH, IN EUROPE AND IN SOUTH AMERICA, IT'S ACTUALLY SECOND ONLY TO SOCCER. SO IT'S THAT POPULAR. COOL. YEAH. VERY COOL. THANK YOU. YEAH. OKAY. ANY OTHER QUESTIONS, COMMISSIONER HATCH? NOT A

[00:35:08]

ANY OTHER QUESTIONS FOR STAFF? OKAY. THIS HAS BEEN NOTED AS A PUBLIC HEARING. SO IF YOU'RE HERE TO SPEAK ON THIS YOU'LL BE GIVEN THREE MINUTES. JUST COME UP TO THE PODIUM AND STATE YOUR NAME. IF YOU'RE ONLINE, RAISE YOUR HAND. OR IF YOU'RE ON THE PHONE. STAR NINE. ANYBODY ONLINE? ARE THERE NO HANDS RAISED? OKAY, WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AND BRING IT BACK FOR COMMENT OR MOTIONS TO THE PLANNING COMMISSION. ON THAT. THANK YOU.

BASED ON THE INFORMATION AND FINDINGS SET FORTH IN THE STAFF REPORT AND UPON THE EVIDENCE AND EXPLANATIONS RECEIVED TODAY, I MOVE THAT THE PLANNING COMMISSION APPROVED THE CONDITIONAL USE PERMIT FOR THE PADDLE PARK LOCATED AT 9151 SOUTH PROSPERITY ROAD, SUITE 400, IN AN M1 ZONE. WITH THE CONDITIONS THAT ARE SUPPORTED BY SUBSTANTIAL EVIDENCE, AS DESCRIBED IN THE ANALYSIS OF SECTION FOUR OF THE STAFF REPORT. COMMISSIONER ROBERTS, I'LL SECOND THAT MOTION. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY. THAT MOTION CARRIES SEVEN. NOTHING. THANK YOU. GOOD LUCK. NOW I'M GOING TO HAVE TO CHECK THE SPORT OUT. OKAY. NEXT IS COPPER MOUNTAIN PLAZA, 8939 SOUTH 5600 WEST. PRELIMINARY

[3. Copper Mountain Plaza; 8939 South 5600 West; Preliminary Site Plan and Conditional Use Permit for Restaurant, Fast Food; P-C Zone; Layton Davis Architects/John Davis (applicant) [Megan Jensen/Nathan Nelson #34952, 34967; parcel 26-01-153-035]]

OKAY, I HAVE JOHN. JOHN, ARE YOU ONLINE? LET'S SEE. UNMUTE. DID THAT WORK? YEP. NOW YOU'RE WE CAN HEAR YOU OKAY. THANK YOU. SORRY ABOUT THAT. IS IS BEN IN IN THE CHAMBER THERE. HE'S ONLINE AS WELL I CAN OH I CAN ALLOW YOU BOTH TO TALK. OH, SORRY. I THOUGHT YOU WOULDN'T BE IN THERE. I'M HERE. ARE YOU? OH, I THOUGHT YOU WERE GOING TO BE IN THE CHAMBER. SORRY. GO AHEAD. I APOLOGIZE THAT NEITHER OF US ARE THERE. I'M JOHN DAVIS WITH DAVIS ARCHITECTS, AND BEN IS REPRESENTING THE OWNERSHIP GROUP AS THE PART OF THE DEVELOPMENT TEAM. THAT IS

[00:40:04]

THIS APPLICATION IS FOR PRELIMINARY SITE PLAN AND ALSO A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH A DRIVE THROUGH. THEY MEET ALL THE SETBACKS AND YOU'LL SEE THAT THEY ARE ABUTTING RESIDENTIAL ZONE TO THE NORTH AND THE EAST. AND SO THEY NEED A 20 FOOT LANDSCAPE BUFFER AROUND THERE, WHICH THEY HAVE. AND THAT'S LANDSCAPED PRETTY WELL WITH LOTS OF TREES AND SCREENING. THEY ARE ALSO REQUIRED TO HAVE A SIX FOOT MASONRY WALL ALONG THOSE SIDES AGAINST THE RESIDENTIAL ZONE. IT'S NOT CURRENTLY SHOWN ON THEIR PLAN, BUT THAT WILL BE SOMETHING THAT'S REQUIRED OF THEM. LIKE WAS MENTIONED RIGHT NOW, THEY DON'T HAVE ANY ACCESS OFF OF 90TH SOUTH BECAUSE UDOT IS NOT ALLOWING THAT AT THIS TIME. SO THEIR ACCESS WILL COME OFF OF 5600 WEST. IT'S A SHARED ACCESS, AN EXISTING SHARED ACCESS WITH THE CREDIT UNION TO THE SOUTH. I KNOW THERE WAS SOME CONCERN ABOUT FROM THE NEIGHBORS TO THE NORTH IN THAT NEIGHBORHOOD, WITH CARS MAKING GOING NORTH ON 5600 WEST AND THEN MAKING U-TURNS AS THOSE RESIDENTS ARE TRYING TO GET OUT OF THEIR NEIGHBORHOOD. I'VE TALKED TO OUR TRAFFIC ENGINEER, AND THERE ARE PLANS TO EXTEND THAT MEDIAN ALONG THERE, SO THAT WON'T BE AN ISSUE. AS FAR AS PARKING GOES. THERE'S JUST A ZOOMED IN VERSION. THEY ARE REQUIRED TO HAVE 60 PARKING STALLS AND THEY HAVE 61 AND THEN SIX STALLS FOR THE DRIVE THROUGH WHICH THEY'RE MEETING.

WE DON'T THINK THAT WILL CAUSE TRAFFIC ISSUES AS IT'S ALL KIND OF CONTAINED ON SITE THERE. AND THEN JUST FOR REFERENCE, HERE'S THEIR LANDSCAPE PLAN AND THEY'RE SHOWING EXTRA LANDSCAPING THAN WHAT'S REQUIRED OF THEM. ABOUT 33% OF THE SITE IS LANDSCAPED. AND THEN THESE ARE THE ELEVATIONS WHICH THE DRC SAW LAST MONTH AND DID NOT HAVE ANY COMMENTS.

THEY THOUGHT IT LOOKED GOOD FOR THE AREA. THIS IS FOR THE RETAIL BUILDING. AND THEN THIS IS THE RESTAURANT. SO WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS. ANYBODY GOT ANY QUESTIONS FOR STAFF? COMMISSIONER ALLEN, I WANT TO SAY THANK YOU FOR COMING PREPARED THE QUESTION I HAD YOU ANSWERED AND THAT HAD TO DO WITH THE TRAFFIC. SO I LIVE IN THAT AREA. AND YEAH, IT IS PROBLEMATIC FROM A MAYBE THIS IS FOR ALL OF US. BUT THE WHEN

[00:45:05]

WHAT TYPE OF FENCING OR LANDSCAPING WILL BE INSTALLED TO PROTECT RESIDENTIAL PRIVACY? YOU KIND OF ALREADY TOUCHED ON THAT TRAFFIC AND ROAD ACCESS. AGAIN, WE'RE ALSO CONCERNED WITH SOME OF THE TRAFFIC THAT COMES IN THROUGH THERE. SO WHAT KIND OF TRAFFIC IMPACT STUDY DID YOU GUYS DO AND WHAT KIND OF SAFETY MEASURES LIKE TURN LANES OR SIGNAGE MIGHT BE REQUIRED, IN ADDITION TO WHAT WE'VE ALREADY BEEN TALKING ABOUT, OTHER THINGS LIKE NOISE, LIGHTING AND ODOR. HOW WILL NOISE FROM DRIVE THROUGH OPERATIONS AND LIGHTING BE CONTROLLED? ARE THERE ODOR MITIGATION PLANS FOR EXHAUST SYSTEMS OR DIFFERENT THINGS LIKE THAT? GARBAGE AND CLEANLINESS. THIS ONE WAS KIND OF BIG BECAUSE WE'RE LIKE, WHERE'S THE DUMPSTER GOING TO BE LOCATED? AND THEN HOW CLOSE IS THAT GOING TO BE TOWARDS THE HOMES? AND THEN IS THAT GOING TO BE SCREENED AND MAINTAINED TO PREVENT ODORS AND PESTS FROM COMING INTO THERE? I DO HAVE A THAT I'D LIKE TO GIVE TO YOU GUYS. THIS IS MY CONCERNS WITH THE APPLICABLE ORDINANCES AND STUFF, IF I CAN, JUST FOR DOCUMENTATIONS. AND THANK YOU, THANK YOU. OKAY, SO I'LL JUMP IN HERE. YOU KNOW, AS FAR AS THE TRAFFIC GOES. EXCUSE ME.

THIS IS A PUBLIC HEARING. SO. YES. SORRY. YEAH. WE'LL WE'LL ADDRESS THAT AFTER THE PUBLIC HEARING. OKAY. YES, PLEASE. ALL RIGHT. MY NAME IS BRIAN OKESON. I LIVE AT 5530. COOL NEIGHBOR

[00:50:09]

MY ONE CONCERN IS KIND OF IN RELATION TO WHAT HE WAS TALKING ABOUT. ELEVATION OF THIS SITE IS QUITE A BIT ABOVE THE ELEVATION OF THE RESIDENTIAL HOMES. MY CONCERN IS WHAT IS THE ELEVATION OF THIS SITE GOING TO END UP BEING? IF IT'S GOING TO MATCH THE BANK OR NOT? AND IF SO, WE DO HAVE QUITE A A LINE OF SIGHT DOWN INTO OUR HOMES. AND MY CONCERN IS THAT THAT SIX FOOT PRIVACY FENCE THAT IS GOING TO BE ERECTED WILL NOT SHIELD US FROM A LOT OF THE NOISE THAT'S JUST GOING TO SHOOT RIGHT DOWN INTO OUR HOMES AND OUR NEIGHBORHOOD. I WOULD RECOMMEND SOMETHING HIGHER. EIGHT FOOT, MAYBE. WE DID HAVE A SIX FOOT FENCE ON 5600 WEST AT ONE TIME, AND UDOT RAISED THE ELEVATION OF THAT. SO NOW IT'S MORE LIKE A, YOU KNOW, FOUR AND A HALF FIVE FOOT WALL. SO A LOT OF THE. EFFECTS THAT A LOT OF THE THE IMPROVEMENTS TO OUR NEIGHBORHOOD THAT WOULD BE PROVIDED WITH A FENCE, I THINK WE NEED A LITTLE BIT TALLER FENCE TO ACHIEVE THE EFFECT OF THAT FENCE. AND MY OTHER CONCERN IS THAT 5600 WEST, AND THIS WAS BROUGHT UP BY MY WIFE, IS THE SAFE WALKING ROUTE FROM THE ELEMENTARY SCHOOL TO THE APARTMENTS. AND HAS THERE BEEN ANY THOUGHT TO THAT? DOES THAT NEED TO BE ADJUSTED TO MAKE SURE THE KIDS ARE WALKING HOME SAFE AND AREN'T GOING TO GET CAUGHT UP WITH PEOPLE TURNING IN AND OUT OF THE BUSINESS WITH THE INCREASED TRAFFIC? SO THANK YOU. MY NAME IS JAMES GAMBLE. I LIVE AT 5559 COPPERWOOD DRIVE, SO I'M ACTUALLY A STREET AWAY FROM THE TWO PREVIOUS INDIVIDUALS THAT SPOKE. MY CONCERN IS MORE GEARED AROUND THE TRAFFIC, WHICH I THINK WAS ADDRESSED AND TALKED ABOUT AS FAR AS EXTENDING THE MEDIAN DOWN. BUT IN ADDITION TO THAT, I, I WOULD LIKE TO SEE MAYBE SOME SIGNAGE THAT WOULD MAYBE HELP, NOT ONLY BECAUSE YOU'VE GOT THE MEDIAN BEING EXTENDED, BUT ALSO MAYBE SOME SIGNAGE TO TRY AND PUSH TRAFFIC DOWN TO A SAFER AREA TO WHERE, IF THEY ARE GOING TO DO THE U-TURN, AT LEAST DO IT IN A LEGAL AREA. THE PROBLEM THAT I'VE SEEN IS THE TRAFFIC FROM THE SCHOOL EXITING AND THE AFTERNOON IN THE MORNINGS, AND MORE PARTICULARLY IN THE AFTERNOONS IF YOU, AS YOU'VE GOT PEOPLE LEAVING THE BANK DOING THE ILLEGAL U-TURN, BLOCKING THE BUSSES, CAUSING TRAFFIC JAMS, WHEN I'M PULLING INTO MY NEIGHBORHOOD FROM THE HEADED SOUTH TO MAKE A EAST TURN, YOU'RE GETTING CARS THAT ARE PULLING INTO THE MEDIUM AND BLOCKING TRAFFIC ILLEGALLY. SO I THINK THE MEDIUM IS A GOOD IDEA, BUT I ALSO THINK IT NEEDS TO BE EXPLORED TO PREVENT IT FURTHER DOWN SO THAT THESE CARS DON'T GET INTO THE TURNING LANE OF TRAFFIC TRYING TO TURN INTO THE SCHOOL, THE NEIGHBORHOOD. AND THAT'S BASICALLY MY, MY CONCERN. AND AND THEN ALSO, I THINK THE TRAFFIC COMING IN AND OUT OF THE BANK THIS LAST WEEK, I WAS ON A WALK AND WAS HEADED NORTH ON THAT SIDEWALK AND HAD A VEHICLE BLOCKED. MY TRAFFIC AND MY MY PATH, AND I MADE EYE CONTACT WITH THE THE GENTLEMAN IN THE TRUCK, BUT HE STILL BLOCKED MY TRAFFIC ON A SIDEWALK. SO I THINK THAT WITH THE ADDED TRAFFIC OF A DRIVE THROUGH AND OTHER BUSINESSES, THAT THAT NEEDS TO BE ADDRESSED A LITTLE BIT MORE SO THAT IT'S SOMEWHAT HANDLED. I DON'T KNOW HOW YOU'D GO ABOUT DOING THAT, BUT SOMETHING DEFINITELY HAS GOT TO BE DONE BECAUSE YOU ALSO HAVE PEOPLE COMING OFF OF 90TH HEADED NORTH MAKING THAT LEFT TURN, AND THEY COME IN AT HIGH RATES OF SPEED TRYING TO BEAT THAT LIGHT. AND THEN, AS MENTIONED EARLIER, INDIVIDUALS THAT ARE GOING INTO THE BANK ARE THEN HAVING TO QUICKLY MOVE INTO THE LEFT LANE. AND I FORESEE A LOT OF PROBLEMS WITH THIS ACCESS. THANK YOU, THANK YOU. ANYBODY ELSE HERE? OKAY. ANYBODY ONLINE? I HAVE. BR. WHO BR BR IF YOU'RE THERE. YOU JUST NEED TO UNMUTE. YEAH. GO AHEAD AND UNMUTE. OKAY. IF YOU WISH TO SPEAK YOU HAVE TO UNMUTE

[00:55:20]

I THINK THAT KIND OF COVERS SOME OF THE QUESTIONS, COMMISSIONER ALLEN. YEAH. MEGAN, DO YOU HAVE A GRADING PLAN AVAILABLE? OKAY. NOT A POWERPOINT. SO I'LL, I'LL ASK THE THE APPLICANT THEN LOOKING FOR SOMETHING MAYBE A LITTLE MORE SPECIFIC ON THE GRADING SIDE OF THINGS WHERE THE WE'VE HEARD THAT THE CREDIT UNION IS A HIGHER ELEVATION THAN THE HOMES. SO IF WE'RE LOOKING AT THIS MASONRY WALL THAT NEEDS TO GO AROUND THE NORTH AND EAST SIDES OF THE DEVELOPMENT, IS THAT MASONRY WALL GOING TO BE THE SAME ELEVATION, HEIGHT, TOP ELEVATION AS THE EXISTING FENCE THAT THE RESIDENTS HAVE, OR WILL IT BE HIGHER OR LOWER? WELL, IT'LL IT'LL LIKELY BE AT THE SAME LOCATION TYING INTO THEIR PROPERTY LINE RIGHT THERE.

YOU KNOW, ALL THE GRADES GOING AROUND OUR PROPERTY WE'RE GOING TO TIE INTO. SO WE HAVE TO WE WILL BE MATCHING THE SAME ELEVATION AS THE CREDIT UNION. AND THEN KIND OF CARRYING THAT ACROSS, WE ARE DRAINING EVERYTHING TO THE NORTH. AND OUR CHAMBERS ARE IN THE NORTH, RIGHT IN FRONT OF THE DUMPSTER RIGHT THERE. SO WE WILL BE TRYING TO TAKE OUR GRADE DOWN AS WE GO THAT WAY, BUT WE WILL END UP TYING INTO THE SAME GRADE ON THAT FENCE THAT THEY HAVE. SO WILL YOU END UP WITH A LITTLE BIT OF A DITCH ON YOUR SIDE OF THE LINE TO CATCH ANY OF THAT WATER AS IT COMES DOWN, SO IT CAN DRAIN INTO YOUR SYSTEM? YEAH, YEAH. WE WILL HAVE EVERYTHING POSITIVELY DRAINING BACK INTO OUR SYSTEM. OKAY. ALL RIGHT. THANK YOU. ANY OTHER COMMENTS? OR MOTIONS? COMMISSIONER ALLEN? MEGAN, DO YOU HAVE THE MOTIONS AVAILABLE?

[01:00:18]

THERE'S ALWAYS THESE LITTLE NITPICKY THINGS THAT I WISH WE COULD RESOLVE. BUT AS WE HEARD IN THE PRE MEETING, WE DON'T HAVE THAT LUXURY. AND I THINK, YOU KNOW, I LIVE IN THE AREA.

I'VE GOT A SON THAT GOES TO THE HIGH SCHOOL THERE. I RECOGNIZE HOW DIFFICULT THE TRAFFIC GETS IN THAT AREA AND EVERYBODY LIKES TO DRIVE FAST. I LIKE TO DRIVE FAST. EVERYBODY WISHES NOBODY ELSE WAS ON THE ROAD. I WISH NOBODY ELSE WAS ON THE ROAD. I THINK THAT WE'RE UNFORTUNATELY, WE'RE GOING TO HAVE TO HAVE SOME PATIENCE. I'M THRILLED TO HEAR THAT WE'VE GOT THAT MEDIAN BEING EXTENDED. I THINK WE'RE GOING TO HAVE SOME IMPROVEMENTS IN THAT AREA.

UNTIL EACH OF US BECOME A LITTLE MORE PATIENT. I'M TALKING MORE TO MYSELF THAN ANYBODY WITH THE DRIVING. I DON'T THINK WE'RE GOING TO SEE TOO MUCH LARGER IMPROVEMENT.

THERE'S ONLY SO MANY. MECHANICAL FIXES WE CAN PUT IN PLACE TO FORCE PEOPLE TO SLOW DOWN. I DO THINK THAT WE WILL SEE SOME NATURAL SLOWING DOWN IN THE AREA, AS THE WEST SIDE OF THAT ROAD DEVELOPS, BUT THAT'S SOME DISTANCE. SO UNLESS THERE'S ANY ADDITIONAL COMMENTS, I'LL GO AHEAD AND MAKE THE MOTION BASED ON THE INFORMATION FINDINGS SET FORTH IN THE STAFF REPORT AND UPON THE EVIDENCE EXPLANATION RECEIVED TODAY, I MOVE THAT THE PLANNING COMMISSION APPROVE THE PRELIMINARY SITE PLAN FOR COPPER MOUNTAIN PLAZA, LOCATED AT 8939 SOUTH 5600 WEST IN THE PC ZONE. WITH THE CONDITIONS AND REQUIREMENTS OF APPROVAL LISTED ON PAGE TWO OF THE STAFF REPORT. OKAY, WE HAVE A MOTION ON THE PRELIMINARY SITE. PLAN.

COMMISSIONER HATCH, I'LL SECOND THAT. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE, AYE.

ANY OPPOSED? OKAY. THAT CARRIES SEVEN. NOTHING. OKAY. BASED ON THE INFORMATION FINDINGS SET FORTH IN THE STAFF REPORT, UPON THE EVIDENCE EXPLANATION RECEIVED TODAY, I'M WITH THE PLANNING COMMISSION. APPROVED THE ADMINISTRATIVE CONDITIONAL USE PERMIT FOR A RESTAURANT FAST FOOD LIMITED FOR COPPER MOUNTAIN PLAZA, LOCATED 8939 SOUTH 5600 WEST AND THE PC ZONE.

WITH THE CONDITIONS OF APPROVAL, AS EXPLAINED ON PAGE TWO OF THE STAFF REPORT. COMMISSIONER HATCH, I'LL SECOND THAT. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. ANY OPPOSED?

[4. Terraine Pool Complex; 7173 West Hikers Pass Drive; Preliminary Site Plan and Preliminary Subdivision Plat (1 lot on .714 acres); PCH Zone; Third Cadence LLC/Gary Langston (applicant) [Ray McCandless/Nathan Nelson #34878, 34879; parcel 20-27-100-009]]

THE POOL IS INTENDED TO SERVE APPROXIMATELY HALF OF THE RESIDENTS OF TERRAIN. SO WE'LL SAY THAT'S ABOUT 1500 HOMES. THE BUILDING IS GENERALLY ORIENTED TO BE OPPOSITE OF THE BUILDINGS THAT YOU'VE PREVIOUSLY APPROVED, WHICH ARE THE COMMUNITY HALL, WHICH IS OUR HOA OFFICES THAT WE'LL BUILD IN THE FUTURE, AND THEN OUR BISTRO CAFE, OUR SHED THAT WE CURRENTLY HAVE UNDER OPERATION. THE MATERIALS IN THE ARCHITECTURE WILL BE VERY SIMILAR TO THAT BUILDING. SO THERE'LL BE A LOT OF CONCRETE AND STEEL AND AS WELL AS WOOD WE'LL HAVE EXPOSED RAFTERS, BUT GENERALLY IT'S A SHED ROOF, CORTEN STEEL WITH QUITE A BIT OF BOARD FORM, CONCRETE PARKING FOR THE SITE IS INTENDED TO BE ON STREET PARKING. THIS POOL IS

[01:05:05]

SO WE FELT LIKE THIS WAS A GOOD SOLUTION TO KEEP THAT FROM HAPPENING TO THE EXTENT THAT PEOPLE WILL USE IT. IT'S ALSO VERY MUCH CONNECTED TO THE TRAIL SYSTEM. THERE'S THAT'S PART OF TERRAIN. IT WILL GO ON THE BACKSIDE OF OF THAT, THAT SITE TO DIRECTLY TO THE WEST OF THIS IS A FUTURE TANK PARCEL THAT THE CITY ALREADY OWNS, SO THAT THEY'RE A GOOD NEIGHBOR, GENERALLY PRETTY QUIET. AND THEN TO THE EAST, WE'LL HAVE SOME RESIDENTIAL IN THE FUTURE THAT WE HAVE CONCEPTS FOR, BUT NOTHING IN IN PLACE. I WOULD GENERALLY SAY IT WILL BE HOUSING THAT WOULD BE HIGHER IN DENSITY. SO A LITTLE MORE COMPACT, SMALLER HOMES IN THE FUTURE. AND BUT WE WANTED TO GET THIS IN PLACE BEFORE THOSE RESIDENTS OR THOSE HOMES ARE BUILT MUCH, MUCH INTO THE FUTURE. SO WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ABOUT THE DETAILS SPECIFIC TO THE PLAN. ANY QUESTIONS FOR THE APPLICANT? NOT AT THIS TIME. YOU KNOW HOW IT WORKS. SO OKAY. OKAY. READY? THANKS. TONIGHT YOU'LL BE MAKING TWO MOTIONS. ONE IS ON THE PRELIMINARY SITE PLAN. THE OTHER WOULD BE ON THE PRELIMINARY SUBDIVISION PLAT. FOR THIS FIRM. WE TYPICALLY WOULDN'T BRING SOMETHING TOO SMALL BEFORE THE PLANNING COMMISSION, BUT THERE'S A LITTLE PIECE OF RIGHT OF WAY THAT'S INVOLVED WITH THIS. SO IT REQUIRES PLANNING COMMISSION APPROVALS, BUT WE DON'T HAVE ANYTHING TO ADD TO GARY'S COMMENTS. ANY QUESTIONS FOR STAFF? OKAY. THIS HAS BEEN NOTICED AS A PUBLIC HEARING. SO IF YOU'RE HERE TO SPEAK ON THIS ITEM, YOU'LL BE GIVEN THREE MINUTES. JUST COME UP TO THE LECTERN AND STATE YOUR NAME. IF YOU'RE ONLINE, RAISE YOUR HAND.

ON THE PHONE. STAR NINE. ARE THERE ARE NO HANDS RAISED. OKAY. WE'LL GO AHEAD AND CLOSE THIS PUBLIC HEARING AND BRING IT BACK UP FOR COMMENT AND OR MOTIONS TO THE PLANNING COMMISSION. COMMISSIONER GONZALEZ, IF THERE'S NO COMMENTS, I WILL GO AHEAD AND MAKE A MOTION. I MOVE THAT THE PLANNING COMMISSION APPROVE THE PRELIMINARY SITE PLAN AND PRELIMINARY SUBDIVISION PLAT, ONE LOT ON 0.714 ACRES FOR THE TERRAIN POOL COMPLEX LOCATED AT 7173 WEST HIKERS PASS DRIVE IN A PC ZONE WITH THE CONDITIONS AND REQUIREMENTS OF APPROVAL LISTED IN THE STAFF REPORT. OKAY, WE HAVE A MOTION. COMMISSIONER ANDERSON SECOND AND A MOTION AND A SECOND. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY. THAT MOTION CARRIES SEVEN.

NOTHING. OKAY. DON'T WE HAVE TWO? OH, IT'S INCLUDED WITH THAT. OKAY. DO YOU WANT TO SEPARATE THAT OTHER SECOND ONE. SO THERE. ARE YOU OKAY WITH THE WAY IT WAS PRESENTED? DUNCAN I MEAN, IT COVERED BOTH OF THEM. YEAH. AS LONG AS IT'S. YEAH, I GUESS IT'S CLEAR FROM THE MOTION THAT IT WAS INCLUDED. SO. ALL RIGHT, NEXT PUBLIC HEARING WITH THE PLANNING COMMISSION

[5. Wagstaff Investments; 9047 South Copper Dust Lane; Recommendation to the City Council for a Future Land Use Map Amendment for 3.73 acres from Low Density Residential to Neighborhood Commercial and Rezone from R-1-10D (ZC) (Single-family residential 10,000 square foot lots with zoning conditions) Zone to SC-1 (Neighborhood Shopping Center) Zone; Wagstaff Investments, LLC/Brent Neil (applicant) [Ray McCandless #34983, 34984; parcels 26-02-304-018, 019]]

[01:10:11]

ALSO SOME 20 FOOT SETBACKS. WE HAVE DISCUSSED POSSIBILITY OF MAKING THOSE SETBACKS EVEN FURTHER JUST TO HELP WITH THAT. BUT ON COPPER DUST LANE YOU CAN SEE THE LANDSCAPING. AND WITH THAT WE'RE OPEN TO OPINIONS, BUT I KNOW THAT MIGHT COME MORE WITH THE SITE PLAN APPLICATION IF WE GET TO THAT POINT. AND I'M HAPPY TO ADDRESS ANY OTHER QUESTIONS OR CONCERNS THE AGENDA COMMISSIONERS HAVE NOW, ANYBODY GOT ANY QUESTIONS FOR THE APPLICANT? OH, COMMISSIONER ALLEN, ALL RIGHT. SO I'M GOING TO PUT A FEW THINGS IN CONTEXT FOR MYSELF AND HOPEFULLY EVERYONE. SO LARRY'S GOING TO BE PERKED UP HERE TO MAKE SURE THAT I DON'T SAY ANYTHING WRONG.

TODAY. WE'RE JUST TALKING ABOUT A RECOMMENDATION TO THE CITY COUNCIL TO CHANGE THE FUTURE LAND USE MAP ON THIS LOT. WE'RE NOT TALKING ABOUT THE SITE PLAN. WE'RE NOT TALKING ABOUT THE POTENTIALLY BE THERE IN THE FUTURE, ALBEIT. YEAH, IT'S IT'S THE DESIGNATION. SO. RIGHT. AND AND REZONE. THANK YOU. SO THE THE TRICKY PART IS WE CAN TALK DAY AND NIGHT ABOUT WHAT COULD POTENTIALLY BE ON THE PROPERTY. BUT THAT'S NOT WHAT WE'RE TALKING ABOUT TODAY AND THAT'S NOT WHAT WE'RE SEEING. I JUST WANT TO ASK SOME VERY GENERIC QUESTIONS THAT WILL HELP LEAD THAT. SO ONE OF THEM WAS ON THE SITE PLAN THAT YOU DID RECOMMEND. IT DOES SHOW CONNECTION OFF OF 90TH SOUTH. HAS THAT ALREADY BEEN COORDINATED WITH UDOT AND IS THAT PERMISSIBLE. SO WE'VE TALKED WITH THE CITY PRETTY EXTENSIVELY ABOUT THAT. AND WE KNOW AT ONE TIME THAT UDOT WOULD TAKE OVER THAT JURISDICTION. WITH UDOT. THEY SAID 350FT WOULD BE ACCEPTABLE. AND THAT'S WHERE THAT SHOWS ON THAT PROPERTY LINE ON 90TH, IT SITS RIGHT ABOUT 350. OKAY. ALL RIGHT. THAT WAS A LONG LEAD UP FOR A SIMPLE QUESTION. SO I MAY HAVE SOME MORE LATER. SO I. ANY OTHER QUESTIONS OKAY. IF WE HAVE ANY OTHER QUESTIONS WE'LL CALL YOU UP. THANK YOU. RAY. THANK YOU. SO I THINK WHAT I'M GOING TO DO IS BACK UP A LITTLE BIT AND KIND OF PAINT THE PICTURE HERE ON THE FOR THIS PROPERTY, SINCE IT IS A LITTLE BIT UNUSUAL, IT'S GOT SOME UNUSUAL CIRCUMSTANCES WITH IT. IT'S AGAIN IT'S LOCATED JUST AT THE INTERSECTION OF 90TH SOUTH NEW BINGHAM HIGHWAY. SO LITTLE TRIANGULAR PIECE, 3.73 ACRES.

IT'S NOT DEVELOPED. IT'S JUST ADJOINING TWO SUBDIVISIONS, ONE THAT'S TO THE WEST OF IT. AND THEN ALSO THERE'S ANOTHER COMMERCIAL OR ANOTHER RESIDENTIAL SUBDIVISION TO THE NORTH ACROSS 90TH SOUTH THAT IS PART OF THE DUCK CREEK SUBDIVISION. THE YOU'VE GOT BASICALLY TWO THINGS THAT YOU'RE LOOKING AT TONIGHT. THE FIRST IS TO CHANGE THE FUTURE LAND USE MAP THAT WAS ADOPTED BACK IN 2023. TO CHANGE THAT DESIGNATION FROM LOW DENSITY RESIDENTIAL TO A NEIGHBORHOOD COMMERCIAL DESIGNATION. THE SECOND PART OF THAT IS TO CHANGE THE ZONING ON THE PROPERTY FROM AN R1 TEN. ZONING CONDITIONS THAT WERE APPROVED AS PART OF THAT. BUT WE DON'T ENFORCE THE ZONING CONDITIONS BECAUSE WE JUST DON'T DO THAT

[01:15:03]

WHAT I THINK WHAT I'M GOING TO DO IS JUST SO HERE'S THE FUTURE LAND USE MAP. THIS IS WHAT'S EXISTING THE PROPOSALS TO CHANGE THAT. SO THIS IS WHAT TO THE THE NEIGHBORHOOD COMMERCIAL.

SO THIS IS KIND OF WHAT IT WOULD LOOK LIKE. AND HERE'S THE ZONING. CURRENT ZONING IS THAT R1 TEN ACROSS THE STREET IS IS THE M-1. YOU CAN SEE THE ROCKWOOD PARK NEXT TO IT. AND THEN THE YOUTH CENTER THAT'S ZONED PROFESSIONAL OFFICE. I THINK. SO THERE WAS SOME DISCUSSION ABOUT AND THERE'S ABOUT REALIGNING NEW BINGHAM HIGHWAY. IT'LL KIND OF DIP IN AND IT'LL TURN MORE TO THE NORTH, AND IT'LL BE MORE OF A PERPENDICULAR TO 90TH SOUTH TO MAKE THAT INTERSECTION SAFER. 90 THE SOUTH WILL CONNECT THROUGH, I THINK THERE'S FIVE LANES, AND NEW BINGHAM HIGHWAY WILL TIE INTO THAT. SO THIS IS JUST A AS WE'RE AS WE'RE GOING THROUGH THIS THIS PLAN THAT WAS SUBMITTED TO US, I THINK I TALKED ABOUT THIS A LITTLE BIT IN THE PRE MEETING IS THIS CONCEPT PLAN. SO IF THE PROPERTY IS TO BE REZONED BY ULTIMATELY BY THE COUNCIL, THEN ANY OF THOSE USES THAT ARE ALLOWED IN THAT SE ONE ZONE WOULD BE ALLOWED ON THE PROPERTY. SO THIS IS A CONCEPT PLAN. IT'S SHOWING TWO COMMERCIAL BUILDINGS PLUS A CONVENIENCE STORE WITH A GAS CANOPY. AND THEN FURTHER TO THE EAST IS A CAR WASH. BUT WE'RE NOT LOOKING AT THE SITE PLAN. AND THE DETAILS ON THE SITE PLAN ARE SOMETHING THAT ARE HANDLED DOWN THE ROAD THROUGH THE SITE PLAN REVIEW PROCESS.

THAT SITE PLAN WILL HAVE TO COME BACK TO THE PLANNING COMMISSION. THERE WILL BE ANOTHER PUBLIC HEARING. SO THAT'S THE PART WHEN WE'LL LOOK AT THINGS LIKE YOUR YOUR BUILDING SETBACKS, YOUR LOCATION, LANDSCAPE AND PARKING, HOW THAT, HOW THAT. HOW THAT FITS IN WITH THE COMMUNITY WILL ALSO BE LOOKING OR THE COMMUNITY TO THE WEST WILL ALSO BE LOOKING AT POINTS OF ACCESS, WHETHER THEY ULTIMATELY END UP BEING ON NEW BINGHAM HIGHWAY OR ON 90 SOUTH. WE DON'T KNOW AT THIS POINT, BUT THIS IS JUST AN EXAMPLE OF WHAT THAT MIGHT LOOK LIKE. BUT THAT'LL BE SOMETIME IN THE FUTURE. TONIGHT WE'RE JUST LOOKING AT THE LAND USE, AND WHETHER OR NOT YOU THINK THAT CHANGING THIS OR IF THIS IS SHOULD BE CHANGED TO COMMERCIAL OR NOT, THIS IS JUST ONE OF THOSE SUBDIVISIONS WHEN YOU, YOU KNOW, OVER THE YEARS AND JUST NOTICE THAT THERE ARE SOME REZONINGS THAT COME THROUGH AND THEY'RE PRETTY STRAIGHTFORWARD, YOU CAN KIND OF SEE WHAT FITS EASILY INTO ONTO A SITE AND HOW THAT FITS IN WITH ADJOINING USES. WITH THIS ONE, IT'S A LITTLE MORE. I THINK IT'S A LITTLE MORE DIFFICULT BECAUSE IF IT WERE TO STAY THE SAME AS IT IS NOW, IT WOULD BE DEVELOPED AS A SINGLE FAMILY RESIDENTIAL. BUT THEN WHEN YOU LOOK AT IT, YOU WONDER IF PUTTING A YOU KNOW, YES, IT'LL PROVIDE SOME BUFFERING FOR THE EXISTING RESIDENTS AND WILL. NOT IMPACT THAT THE STREET THE SERVICE ACCESS THAT. BUT IT'S YOU KNOW WHERE I'M GOING WITH IT. BUT I THINK THAT IT WILL PROVIDE SOME BUFFERING FOR THOSE USES, BUT IT WILL ALSO IT'LL ALSO HAVE MORE HOMES THAT'LL BE ACROSS THE STREET FROM THE, THE INDUSTRIAL. SO THAT'S ONE OF THE THINGS YOU MAY, MAY WANT TO KIND OF TAKE A LOOK AT WHEN YOU'RE LOOKING AT THIS. SO IT'S NOT JUST THAT BUT IT'S ALSO NOISE. AND YOU LOOK AT THE OTHER SIDE OF THAT. AND IT'S IT'S NOT LIKE THESE ARE THE ONLY ARTERIAL OR ARTERIAL STREETS WHERE THERE'S RESIDENTIAL THAT BACKS UP ONTO THESE. SO I THINK YOU CAN MAKE A CASE FOR EITHER. SO. WITH THE THE COMMERCIAL USES, I THINK

[01:20:12]

THIS HAS BEEN NOTICED AS A PUBLIC HEARING. IF YOU'RE HERE TO SPEAK ON THIS, COME UP TO THE LECTERN AND YOU'LL HAVE THREE MINUTES. JUST STATE YOUR NAME. SORRY, TAKING A MINUTE TO GET UP THERE. WE'LL GIVE YOU SOME TIME FOR THAT. THANK YOU. MY NAME IS BRETT SEEGMILLER I MY BACKYARD IS BACKING THAT. THIS PIECE PROPERTY WE'RE TALKING ABOUT. WE DID MEET. WE WERE ONE OF THE NEIGHBORS WHO PARTICIPATED IN THE MEETING WITH CITY COUNCIL. I WISH THERE WERE MORE NEIGHBORS THAT SHOWED UP TONIGHT BECAUSE THERE WAS PROBABLY OVER 50 OF US THERE.

NOT A SINGLE PERSON WANTED THIS TO GO THROUGH. I UNDERSTAND THE CHALLENGES WITH IT, BUT AFTER TALKING WITH NEIGHBORS, WE WERE EVEN. WE SEE THE ZONING NOW. EVERYBODY WOULD BE FINE WITH ZONING IT FOR TIGHTER HOUSING WITH, WITH, IF YOU WILL, HIGHER DENSITY HOUSING TO GO IN THERE

[01:25:04]

WE PREFER TO HAVE SOME HOMES AND UNDERSTAND THAT THERE WAS ALREADY HOMES THERE. AND I DO KNOW TALKING WITH CITY COUNCIL MEMBERS PRIOR, THAT THE SOUTH DIVISION SHOULD HAVE NEVER BEEN BUILT. THAT WAS A FAUX PAS A LONG TIME AGO. BUT ANYWAY, THAT'S ALL I HAVE. THANK YOU, THANK YOU. I'M LOGAN GREGORY, I'M BRETT'S NEIGHBOR RIGHT NEXT DOOR. AS AS HE STATED, THERE WERE THERE WERE QUITE A FEW OF THE NEIGHBORHOOD RESIDENTS THAT CAME AND SUPPORTED THE THE CITY COUNCIL AND THEIR OPENING DIALOG AND TALKING ABOUT THE DEVELOPMENT OR CHANGE AND DEVELOPMENT OR WANTING TO CHANGE THE ZONING LAWS SO THEY CAN PUT THE COMMERCIAL PROPERTY THERE. WE RECEIVED A LETTER FROM MR. COLOSIMO, WHO WAS WORKING WITH THE CATHOLIC CHURCH, AND IN HIS LETTER THAT HE SENT TO ME, AND I DON'T KNOW WHO WHO ELSE RECEIVED IT, BUT IT SAYS IN HERE, THE QUOTE HERE OVER THE PAST 30 YEARS SINCE THEY ACQUIRED THAT PARCEL, THAT'S 30 YEARS WHAT WAS STATED EARLIER BY COMMISSIONER ALLEN, HE HAD A QUESTION ABOUT THE PADDLE FACILITY, TRAINING FACILITY GOING UP THERE AND FUTURE TENANTS MOVING IN. WELL, THEY'LL BE AWARE OF IT. WHEN WE PURCHASED OUR HOMES, WE WERE TOLD THAT WAS GOING TO BE CHURCH PROPERTY. NOW THEY'RE DOING THE BAIT AND SWITCH AND GENERALLY MONEY TALKS, BUT THOSE ARE OUR HOMES AND THOSE ARE KIDS THAT, AS BRET STATED, THAT THEIR SAFETY CONCERNS THERE, WHEN WE HAD ALL THE MEETINGS ABOUT PUTTING 90 ASL THROUGH AND SPECIFICALLY THE THE INTERSECTION ON 6400 WEST AND 90TH SOUTH, THAT'S A BIG CONCERN. THERE'S AN ELEMENTARY SCHOOL OVER THERE ALREADY. WE'VE HAD 12 ACCIDENTS SINCE THAT INTERSECTION HAS BEEN OPENED, AND LESS THAN A YEAR. SO NOW WE'RE CONCERNED ABOUT SAFETY FOR KIDS COMING BACK AND FORTH, CROSSING THE STREET BETWEEN THE RESIDENTIAL TO A COMMERCIAL THAT MAY BE ENTICING TO KIDS AS THEY GENERALLY ARE ALSO INCLUDED IN THAT PACKET THAT WAS SENT TO SENT TO US.

THERE'S A LETTER HERE FROM EDGE HOMES AND HERE HE STATES, GIVEN THE PROPERTIES, QUOTE, GIVEN THE PROPERTY'S RELATIVELY SMALL SIZE AND UNIQUE SHAPE, COMBINED WITH ITS PROXIMITY TO HIGH TRAFFIC ROADWAY, WE DO NOT BELIEVE SINGLE FAMILY HOMES. THAT'S THE 10,000 SQUARE FOOT OR LESS WOULD BE WELL RECEIVED. BUT HE DID SAY THEY ARE OPEN TO PUTTING RESIDENTS THERE. IF THEY CHANGE THE ZONING TO A SMALLER RESIDENTIAL LOT INSTEAD OF THE R1 OR R2 OR WHATEVER THAT IS. WE'RE NOT SCHOOLED UP ON THAT. SORRY, BUT YOU KNOW WHAT I'M TALKING ABOUT. SO IF WE COULD IF WE COULD PERSUADE THE PLANNERS TO. THERE'S BEEN SO MANY CHANGES MADE FOR US IN

[01:30:04]

BIG CONCERN. SO THAT'S ALL I HAVE. THANK YOU, THANK YOU. ANYBODY ONLINE? YEAH, WE HAVE GENE MCINTYRE. YES. I'M HERE. CAN YOU HEAR ME? YES WE CAN. THANK YOU. THANK YOU VERY MUCH.

HEY, FIRST OF ALL, I WOULD JUST LIKE TO ECHO WHAT LOGAN AND BRETT JUST MENTIONED. I WOULD LIKE TO ADD A COUPLE OF ADDITIONAL THOUGHTS TO THIS, THOUGH. I TOO LIVE ADJACENT TO THAT PROPERTY. AND BASED ON THAT PLAN, MY HOME WOULD BE DIRECTLY IN LINE WITH THE GAS STATION THAT WOULD BE GOING IN. THERE'S A COUPLE OF SEVERE CONCERNS THAT I HAVE WITH THAT.

NOT ONLY THE NOISE AND THE ADDITIONAL TRAFFIC THAT IT'S GOING TO CAUSE, BUT THE ADDITIONAL LIGHTING THAT IT'S GOING TO IMPOSE ON OUR HOMES AT NIGHT. I CAN'T SPEAK TO EVERYONE, BUT FOR ME, SLEEP IS QUITE IMPORTANT. I ACTUALLY HAVE SOME SEVERE HEALTH CONDITION AND SLEEP IS CRITICAL FOR ME. AND HAVING THAT ADDITIONAL NOISE AND THAT ADDITIONAL LIGHT WILL CAUSE AN EXTREME, IT WILL MAKE IT EXTREMELY DIFFICULT FOR ME. NOW, I MAY NOT BE THE ONLY PERSON IN THAT SITUATION, BUT I AM ONE. ADDITIONALLY, I HAVE DONE SOME RESEARCH AND FOUND THAT THE GAS STATION IN A RETAIL SPACE LIKE WHAT YOU'RE RECOMMENDING OR WHAT IS BEING ASKED FOR, CAN AND OFTEN DOES REDUCE THE PROPERTY VALUE OF PEOPLE'S HOMES. NOW I FOR ONE DON'T WANT TO SEE MY PROPERTY VALUE DROP JUST SO THAT 1 OR 2 PEOPLE IN THE STATE OF UTAH CAN FATTEN THEIR OWN POCKETS AND BECOME EVEN WEALTHIER, AS HAS BEEN SPOKEN ALREADY, THIS PROPERTY CAN BE USED FOR DIFFERENT PURPOSES. YOU COULD PUT MULTIFAMILY HOMES IN THERE. SOME TOWNHOUSES WOULD WORK QUITE NICELY. WE DO NOT NEED AN ADDITIONAL GAS STATION ON THAT LOT. AND SO I FOR ONE, AM VEHEMENTLY OPPOSED TO IT. AND I HOPE YOU CONSIDER THE RESIDENTS FEELINGS AND THOUGHTS ON THIS MATTER. AND THAT'S ALL I HAVE TO SAY. THANK YOU VERY MUCH. THANK YOU. ANYBODY ELSE ONLINE? THERE ARE NO OTHER HANDS RAISED.

OKAY. WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE COMMISSION FOR COMMENT AND OR EMOTION. COMMENT, JUST FOR DISCUSSION PURPOSES. THIS DOESN'T SEEM LIKE A SITUATION WHERE WE'RE BOUND TO ACT ONE WAY OR THE OTHER, BECAUSE IT COMPLIES WITH ANY PARTICULAR REQUIREMENTS. IT SEEMS LIKE WE HAVE MUCH MORE LATITUDE TO VOICE THE CONCERNS AND EVEN ECHO THE CONCERNS OF THE RESIDENTS IF WE WANT TO. AND I AND THIS IS JUST A RECOMMENDATION, JUST A RECOMMENDATION TO THE CITY COUNCIL, I ACTUALLY DO ECHO THOSE CONCERNS. I DO THINK IT'S UNFAIR THAT THEY WERE TOLD IT WAS GOING TO BE A CHURCH, AND NOW IT COULD VERY WELL BE A GAS STATION OR SOMETHING ELSE. AND WHO KNOWS WHAT THAT SOMETHING ELSE IS. SO I'M NOT IN FAVOR OF THE REZONE. COMMISSIONER ROBERTS. SO KIND OF IN THE SAME VEIN AS COMMISSIONER ANDERSON. MY I WANTED TO SHARE SOME OF MY OWN THOUGHTS COMING FROM THE BASIS OF 25 YEARS OF REAL ESTATE EXPERIENCE AND SEVERAL YEARS NOW OF APPRAISAL EXPERIENCE AND ASSESSMENT EXPERIENCE FOR THE COUNTY ASSESSOR. AND AS COMMISSIONER, ANDERSON SAID, IT DOES FEEL LIKE BAIT AND SWITCH THAT IT WAS GOING TO BE A CHURCH AND NOW IT'S GOING TO BE SOMETHING ELSE. WHATEVER ELSE. THAT'S KIND OF JUST THE RISK WITH CHURCH PROPERTIES, BECAUSE CHURCHES ALWAYS GO IN ON RESIDENTIALLY ZONED PROPERTIES.

AND SO IF THE CHURCH GOES AWAY OR DOESN'T HAPPEN, THEN WHATEVER, WHATEVER COMES NEXT IS GOING TO BE INFERIOR FOR THE SURROUNDING HOMES RELATIVE TO A SINGLE CHURCH THAT'S USED FOR A FEW HOURS A WEEK. YOU KNOW, TEN HOUSES, TEN HOUSES. IS A DOWNGRADE JUST AS MUCH AS WELL.

IN THE SAME VEIN AS GETTING A GAS STATION. LOOKING AT THIS PARTICULAR PARCEL, AS AN APPRAISER, I THINK ABOUT THINGS FROM THE PERSPECTIVE OF HIGHEST AND BEST USE AND LOOKING AT THIS AS AN APPRAISER, AS A POTENTIAL DEVELOPER, THERE'S NOT A SINGLE HOME SITE HERE THAT'S APPEALING. THERE'S THERE'S NO WAY TO MAKE THAT SOMETHING THAT A BUILDER IS

[01:35:03]

AND THAT'S FROM THE COMMERCIAL PEOPLE, WHICH TELLS ME IT'S PROBABLY WORTH MORE AS COMMERCIAL THAN IT IS AS MULTIFAMILY HOUSING, WHICH ALSO MEANS, YOU KNOW, IS THERE EVEN A BUYER? SOMEBODY MENTIONED EDGE HOMES. BUT, YOU KNOW, IS EDGE EVEN EVEN A PLAYER HERE FOR TOWNHOMES? AND HOW DIFFERENT WOULD THEIR OFFER BE WHEN IT COMES DOWN TO IT. AND THEN THAT BRINGS US BACK AROUND TO THE PLANNING COMMISSIONER AS A CITY COUNCIL, TO HOW MUCH POWER DO WE HAVE TO TELL THE CATHOLIC CHURCH? YOU KNOW, YOU HAVE TO TAKE $1 MILLION HIT BECAUSE IT'S ZONED RESIDENTIAL, EVEN THOUGH THE HIGHEST AND BEST USE APPEARS TO BE COMMERCIAL. SO I'M NOT TAKING ANY POSITION ON WHAT WE SHOULD OR SHOULDN'T DO. I JUST FIGURED THERE WERE SOME RELEVANT THOUGHTS TO SHARE IN THERE. COMMISSIONER HATCH, INTERESTING COMMENTS, AND I THINK THE COMMENTS ABOUT SAFETY FOR CHILDREN CROSSING THAT STREET, PUTTING IN HIGH DENSITY HOUSING IS ONLY GOING TO EXACERBATE THE PROBLEM. MORE CHILDREN, MORE PEOPLE CROSSING THE STREET. SO I AGREE WITH COMMISSIONER ROBERTS THAT THE HIGHEST AND BEST USE, I DON'T THINK IT'S MULTIFAMILY UNTIL THAT ISSUE WAS RESOLVED WITH SAFE ACCESS THROUGH THE COMMUNITIES, REGARDLESS OF WHETHER IT'S A FIVE LANE ROAD OR ROAD OR NOT.

BUT IT IS SUCH AN ODD SHAPED PIECE OF LAND. OBVIOUSLY, WE CAN'T ASK THE CATHOLIC CHURCH TO TAKE A HIT, BUT I DON'T KNOW IF COMMERCIAL IS THE RIGHT ANSWER EITHER. SO I'M WITH MY OTHER COMMISSIONERS. ALSO FEELING THIS IS A HUGE QUANDARY. NOT REALLY SURE WHAT THE BEST SOLUTION IS, AND I'M HAPPY THAT IT MOVES TO THE CITY COUNCIL THAT THEY CAN HAVE THE FINAL SAY BECAUSE IT IT FEELS LIKE THERE REALLY ISN'T A BEST ANSWER. SO. MY FEELING IS, IS THE CONCEPT OF BAIT AND SWITCH IS A MOOT CONCEPT WHENEVER YOU HAVE A VACANT PIECE OF LAND, YOU AND YOU BUY NEXT TO A VACANT PIECE OF LAND, YOU HAVE NO IDEA WHAT'S GOING TO GO IN THERE YET. YOU HAVE SOME INCLINATION THAT IT'S BEEN ZONED A CERTAIN ZONING, BUT SITUATIONS CHANGE AND ECONOMIC REALITY CHANGES OVER THE YEARS. AND SO SAYING THAT THIS IS A BAIT AND SWITCH IS A NONSTARTER FOR ME. LOOKING AT THE LAND, I MEAN, IF WE WERE TO SAY, OKAY, MAKE THIS A HIGH DENSITY. PIECE OF PROPERTY, AND LET'S HYPOTHETICALLY SAY A DEVELOPER WANTS TO COME IN AND PUT A FIVE STORY APARTMENT BUILDING ON THAT PIECE OF PROPERTY TO MAKE IT ECONOMICALLY VIABLE. WOULD THE NEIGHBORS WANT THAT? PROBABLY NOT. SO THE THE VALUE OF THE PROPERTY IS IN ITS SHAPE. THE SHAPE IS IS NOT SUITABLE FOR SIMILAR HOUSING THAT IS CURRENTLY IN, IN THE THAT LOCATION. SO I'M KIND OF LEANING TOWARDS APPROVING THIS BECAUSE IT DOESN'T MAKE ECONOMIC SENSE TO GO THE OTHER ROUTE BECAUSE WE DON'T KNOW WHAT'S THERE. COMMISSIONER ALLEN YES, WE'RE ALL WEIGHING IN. I'LL SAY UP FRONT, I DON'T THINK THE CITY COUNCIL IS GOING TO CARE WHAT OUR EMOTION IS. ONE WAY OR ANOTHER, THEY'RE GOING TO BE MORE INTERESTED IN WHAT OUR DISCUSSION IS. SO TO THAT END, AS WE LOOK AT IT, I SEE BENEFIT BOTH WAYS. I'M NOT QUITE AS CONVINCED AS EVERYONE ELSE THAT RESIDENTIAL COULDN'T WORK THERE. IN FACT, I THINK THEY COULD FILL THAT IN. WHILE IT MIGHT NOT BE AS AS DESIRED, I THINK IT WOULD STILL SELL, BUT I ALSO THINK IT'S A FANTASTIC SPOT FOR COMMERCIAL, ESPECIALLY ONCE 90TH SOUTH GETS PUT THROUGH AND. I THINK THERE'S A LOT OF CONCERNS BECAUSE WE'RE NOT LOOKING AT A SITE PLAN RIGHT NOW, AND THE SITE PLAN IS NOT COMING WITH THE CHANGES. SO MAYBE THERE'S POTENTIAL HERE FOR THE CITY COUNCIL TO EXPLORE. IF THEY DO

[01:40:04]