[Regular Meeting] [00:00:09] EVERYBODY, TO THE WEST JORDAN PLANNING COMMISSION WORK SESSION APRIL 21ST, 2026. WE HAVE ALL COMMISSIONERS PRESENT. WE'LL GO AHEAD AND GET STARTED. FIRST THING ON THE AGENDA WAS THE CONSENT CALENDAR. FIRST ITEM ON THAT WAS THE MEETING MINUTES FROM LAST MEETING. AND [a. Approve Minutes from April 7, 2026] I ALREADY TALKED TO CORINNE, BUT WE DO NEED TO MAKE A COUPLE OF CORRECTIONS. I DON'T KNOW IF YOU SAW THAT YOURSELF. AND COMMISSIONER AKER WAS MARKED HERE AND MARKED ABSENT. SO ANYWAY, JUST OUT OF CURIOSITY, WHAT IS THE PROCESS THAT THE MINUTES ARE ARE WE USING SOMETHING NEW TO PULL THE MINUTES TOGETHER THAN WHAT WE'VE HAD BEFORE? TO THE TRANSCRIPTION, TO THIS, TO THIS. BUT THEN THERE'S THE THAT'S WHERE THERE'S SOMETHING. BACK, RIGHT? BECAUSE THERE'S A LOT OF. WE'LL MAKE THAT OFFICIAL RECOMMENDATION WHEN WE APPROVE THE MINUTES SO THAT IT'S ON THE RECORD. BUT UNLESS SOMEBODY FOUND SOMETHING ELSE, THAT WAS ALL I FOUND. SO ONE THING I NOTICED, THERE ARE QUITE A FEW NAMES THAT ARE MISSPELLED THROUGHOUT THE DOCUMENT. OKAY. WE WERE TALKING A LITTLE BIT ABOUT THAT EARLIER. AND GENERALLY THE SOME OF THE DIALOG DIDN'T FLOW VERY WELL FOR ME AS I WAS READING THROUGH. IF I HADN'T BEEN IN THE MEETING, I'M NOT ENTIRELY SURE I WOULD HAVE BEEN ABLE TO FOLLOW WHAT WAS HAPPENING. AND I WAS THINKING ABOUT MARKING IT UP OR COMING UP WITH SOME SUGGESTIONS, AND I JUST WASN'T EXACTLY SURE WHAT TO DO BECAUSE IT IS A HUGE EFFORT AND IT'S HARD TO. THOSE ARE INTENSE MEETINGS. SOMETIMES IT'S HARD TO SUMMARIZE WHAT'S HAPPENING. ANYWAY, THAT'S WHAT I NOTICED, AT LEAST LOOKING THROUGH IT. AND MAYBE BECAUSE I WAS HERE AT THE MEETING, IT WAS I WAS READING IN BETWEEN THE LINES AND I. WHEN I WAS GOING THROUGH IT. BUT SO ANYWAY, WE'LL, WE'LL MAKE THOSE MODIFICATIONS AND STUFF. SO. OKAY. ANYBODY ELSE HAVE ANY [b. Utah Baja Pottery; 7631 South Redwood Road; Temporary Use Permit (150 Days); SC-1 (Neighborhood Commercial) Zone; Kevin Best (applicant) [Mark Forsythe; #35328; parcel 21-27-451-051]] ISSUES WITH THAT? OKAY. NEXT IS THE UTAH BAJA POTTERY AND IT LOOKS LIKE. MARK. YEAH. SO THIS IS A TEMPORARY USE PERMIT FOR 150 CALENDAR DAYS. SO RIGHT NOW THEY ACTUALLY DO HAVE A 30 DAY TEMPORARY USE PERMIT. AND SO THIS IS REALLY JUST KIND OF AN EXTENSION OF THAT TO ALLOW THEM TO OPERATE TILL MID-SUMMER. BUT BASICALLY THEY'RE, THEY HAVE A DISPLAY YARD THAT CONSISTS OF, YOU KNOW, LARGE METALLIC SCULPTURES AND POTTERY AND THEN A SALES TENT AND THEN A GRAVEL PARKING LOT NEXT TO THAT. SO. YEAH, THAT'S, THAT'S ABOUT IT. IT'S TEMPORARY USE. THEY'VE GOT TEMPORARY TOILETS SET UP. THEY'VE GOT, LIKE I SAID, THE GRAVEL PARKING SET UP, IT'S FENCED IN. SO ALL OF THAT WILL BE REMOVED ONCE THE PERMIT EXPIRES. ANYBODY HAVE ANY QUESTIONS ABOUT THAT? WITH 150 DAYS, ARE THEY LIMITED TO LIKE A CERTAIN TIME OF THE YEAR OR ARE WE JUST GIVING THEM JUST WHATEVER 150 THEY WANT? YEAH, IT'S 150 CONSECUTIVE DAYS. SO IT'S YEAH, FROM WHEN WHEN THAT STARTS. SO THEIR 30 DAY PERMIT ACTUALLY EXPIRES TODAY. SO IF APPROVED TONIGHT, IT'LL BASICALLY JUST START 150 DAYS FROM TOMORROW PRETTY MUCH. OKAY. NEXT IS. THE HOLIDAY OIL FUEL TANK MARK. YEAH. SO THIS IS A CONDITIONAL USE PERMIT FOR AN ABOVE GROUND FUEL TANK FOR LIQUID PROPANE AT THE NEW HOLIDAY OIL JUST ON THE WEST SIDE OF THE MOUNTAIN VIEW HIGHWAY AND 7800 SOUTH. IN FACT, THEY JUST OUT THERE THIS MORNING AND THEY'RE GETTING VERY CLOSE TO TO THEIR GRAND OPENING. SO WE'RE EXCITED FOR THAT. BUT YEAH, THIS IS SO THE GAS STATION IN THAT'S C TWO ZONE. THAT'S A PERMITTED USE. BUT ANYTHING ABOVE GROUND DOES REQUIRE A SPECIAL PERMIT THROUGH A CONDITIONAL USE PERMIT. SO THAT'S WHAT THEY'RE SEEKING TONIGHT. BUT BASICALLY THIS WILL BE KIND OF ON THE [00:05:02] NORTH EAST CORNER OF THE SITE OUTSIDE OF THE DRIVE AISLES. IT'LL BE ABOUT 20FT TALL. WE DO HAVE A CONDITION ON THERE REQUIRING THEM TO STRIPE OUT THE PARKING SPACES IN FRONT OF THAT, JUST SO WE CAN KIND OF VISUALLY SEPARATE THE PARK TRAFFIC, SERVICING THE TANK AND TRAFFIC COMING IN AND OUT OF THE SITE. SO OTHER THAN THAT, IT'S PRETTY STRAIGHTFORWARD. THE OTHER THING IS THE FIRE DEPARTMENT AND BUILDING AND SAFETY DEPARTMENTS, THEY'RE WORKING ON PERMITS RIGHT NOW. THEY WILL HAVE TO GO THROUGH THE STATE FIRE MARSHAL TO GET THAT APPROVED. I TALKED TO THE CONTRACTOR THIS MORNING. HE'S AWARE OF THAT. SO YEAH. ANY QUESTIONS FOR JIMMY? YEAH. JUST A QUICK ONE. IN THE SUMMARY IT SAYS IT'S FOR AN ABOVE GROUND FUEL TANK FOR PROPANE WHOLESALE. DOES THAT MEAN THAT THEY'RE NOT SELLING IT TO CUSTOMERS OR IS THAT A DIFFERENT USAGE OF THE WORD WHOLESALE? SO WHEN I, WHEN I SAY WHOLESALE, IT'S MORE IT'S IT'S THE GAS INSIDE THE TANK. SO PEOPLE ARE COMING IN WITH THEIR OWN TANKS, FILLING IT UP AND GOING. SO IT'S NOT LIKE MOST GAS STATIONS WHERE YOU BRING YOUR TAKE IN AND SWAP IT OUT FOR ANOTHER ONE. SO IS THERE ENOUGH ROOM FOR RVS? IT MIGHT BE A LITTLE TIGHT, BUT YEAH, THERE, THERE, THERE SHOULD BE JUST DEPENDING ON I GUESS WHERE, WHERE THAT RV LINES UP AS FAR AS THE DRIVE AISLE, BUT THERE'S ABOUT 50FT BETWEEN THE TANK AND THE, THE ENTRANCE TO THE GAS STATION. OKAY, THANKS. SO SMALLER TRAILERS, RIGHT? IT'S A REALLY BIG ONE. IT MAY BE A LITTLE TIGHT, BUT OTHER THAN THAT, OKAY, SO JUST CLARIFY FOR ME, THIS IS A VERTICAL PLACEMENT, RIGHT? CORRECT. YES. OKAY. THANK YOU. OKAY. ANY OTHER QUESTIONS? OKAY. NEXT IS THE CORN MAZE. AND MARK. YEAH. SO THIS IS THE THE CRAZY CORN MAZE THAT'S OVER ON 40TH WEST AND ABOUT OLD BINGHAM HIGHWAY. SO THIS IS AN EXISTING CONDITIONAL USE PERMIT. THEY'VE HAD IT SINCE 2001. SO BACK THEN THIS WAS ACTUALLY BEFORE THE TEMPORARY USE ORDINANCES WERE EVEN WRITTEN. BACK THEN, THEY USED TO RUN EVERYTHING THROUGH A CONDITIONAL USE PERMIT. AND SO THAT'S WHAT THEY HAVE IN THERE. BASICALLY AMENDING THAT TO ALLOW THEM TO DO PRETTY MUCH THE SAME THING AS THEIR FALL OPERATIONS. BUT CONTINUING THAT INTO THE WINTER AND HOLIDAY SEASON. SO HAVING KIND OF A NEW CHRISTMAS THEMED MAZE LIGHT SHOW AND A FEW OTHER AMUSEMENT THINGS THERE AS WELL. SO. SO A LOT OF THE CONDITIONS OF APPROVAL, WE'VE KEPT PRETTY MUCH THE SAME SINCE THEIR ORIGINAL. THEY HAVE CHANGED A LITTLE BIT OVER THE YEARS, ONCE IN 2001 AND THEN 2012. AND SO WE'VE THE NEW CONDITIONS THAT WE'VE ADDED ARE MOSTLY DEALING WITH TEMPORARY TOILETS, JUST MAKING SURE THOSE ARE ON SITE, WHICH THEY PROVIDED OVER THE YEARS, AND MAKING SURE THEY GET THEIR PROPER PERMITS THROUGH THE BUILDING SAFETY AND FIRE DEPARTMENTS, MAKING SURE THOSE NEW STRUCTURES ARE SAFE. OKAY. ANY QUESTIONS FOR STAFF ON THAT? I'M NOT SURE IF THIS IS A QUESTION DIRECTED TO STAFF OR JUST FOR US GENERALLY TO CONSIDER, BUT WE'RE GOING TO NEED TO BUILD A RECORD AS FAR AS DEALING WITH THE CONSIDERATIONS THAT HAVE BEEN BROUGHT FORWARD BY THE PUBLIC. SO ONE OF THOSE IS, I UNDERSTAND THE 150 DAYS THAT COMES FROM THE STATUTE, RIGHT? IT'S 30 AND NOT TO EXCEED 150. YEAH. SO THE 150 DAYS IS MORE IN LINE WITH OUR TEMPORARY USE PERMIT CODE. NOW THIS IS A CONDITIONAL USE PERMIT THAT KIND OF PREDATED THAT. BUT THE RATIONALE IS KIND OF THE SAME. OKAY, SO BUT THEY DON'T TECHNICALLY NEED A FULL 150 DAYS TO JUST GET THROUGH THE CHRISTMAS SEASON. THEY COULD AGREE TO LESS, RIGHT? YEAH. AND I THINK THEIR PLAN AND THIS MIGHT BE MIGHT WARRANT MORE INFORMATION FROM THE APPLICANT. BUT YEAH, BASICALLY IT'S TO COVER PRIMARILY THEIR FALL SEASON AND THEN THROUGH THE WINTER SEASON. AND THEN THEY MAY HAVE OTHER ISOLATED EVENTS THROUGHOUT THE YEAR AS WELL. OKAY. AND KIND OF INCLUDE ALL OF THAT. YEAH. AND, AND WAS THERE CONSIDERATION GIVEN TO ELIMINATE THE SUNDAY CLOSURE? SO THAT ONE, THAT WAS AN ORIGINAL CONDITION THAT WAS [00:10:06] PLACED BY THE PLANNING COMMISSION AND STAFF BACK IN 2001 WITH THE ORIGINAL THAT WAS REVISITED IN 2012. AND THE PLANNING COMMISSION REALLY FOUND IT TO BE KIND OF ARBITRARY AND CAPRICIOUS. SO THEY ACTUALLY REMOVED IT IN THAT MEETING. OH, OKAY. SO THAT'S SO YEAH, THAT'S NO LONGER A CONDITION OF APPROVAL. OKAY, SO THAT'S SOMETHING THAT SHOULD BE BROUGHT OUT IN A PRESENTATION TONIGHT THAT THAT WAS ALREADY REMOVED BACK IN 2012. AND IT'S JUST CLEANING IT UP TONIGHT. OKAY? OKAY. THANKS. OKAY. ANY OTHER QUESTIONS? I'M SURE EVERYBODY SAW THE EMAIL TOO FOR THE. OKAY. ALL RIGHT. NEXT WE HAVE TRAINING FROM DUNCAN. ALL RIGHT. SO I PASSED OUT SOME TRAINING MATERIALS FOR YOU. TWO DIFFERENT THINGS IN ONE I'M DOING TODAY. THE EXTRA BANG FOR YOUR BUCK. JUST TWO FOR ONE SPECIAL. I'M GOING TO TALK ABOUT POWERS AND DUTIES. YOU'VE SEEN THIS CHART BEFORE. AND THEN A LITTLE BIT ABOUT SOME MAIN ETHICS PRINCIPLES THAT YOU DEAL WITH AS PLANNING COMMISSIONERS. SO UPDATED THIS. I UPDATED THIS CHART A LITTLE BIT FOR THE TYPES OF PLANNING COMMISSION DECISIONS AND RECOMMENDATIONS. THE MAIN CHANGES THAT I MADE WERE TO UPDATES FOR THE NEW LAND USE DEVELOPMENT AND MANAGEMENT ACT. NUMBERING. RIGHT. WE USED TO BE IN THE STATE CODE FOR UNDER TITLE TEN, CHAPTER NINE A. NOW IT'S TITLE TEN, CHAPTERS 20 AND 21. SO YOU'LL NOTICE A FEW REFERENCES TO UTAH CODE SECTIONS THAT HAVE EITHER TEN DASH 20 SOMETHING OR TEN DASH 21 SOMETHING. SO IT'S FULLY UP TO DATE. IF YOU WANT TO LOOK AT ANY OF THESE CITATIONS IN THE UTAH CODE, OF COURSE, THERE'S ALSO CITATIONS THERE TO OUR OWN CITY CODE, RIGHT. AND MAINLY IN TITLE 13. BUT AS WE'RE DEALING WITH PLANNING COMMISSION DECISIONS AND RECOMMENDATIONS, KEEP IN MIND THAT EVERY CITY IS DIFFERENT, RIGHT? THE STATE LEGISLATURE THROUGH LUDMER AND OTHER PARTS OF THE STATE CODE, HAS GIVEN A LOT OF DEFERENCE AND ABILITY FOR TO CITIES TO CHOOSE HOWEVER THEY WANT TO IMPLEMENT SOME OF THESE TYPES OF DECISION MAKING PROCESSES. NOW, THE ONE THING THAT IS REQUIRED BY STATE LAW IS THAT EACH CITY HAVE A PLANNING COMMISSION, RIGHT? BUT THAT PLANNING COMMISSION, AS WE'VE TALKED ABOUT IN A COUPLE OF RECENT TRAININGS, CAN BE SET UP IN CITY CODE AND MULTIPLE WAYS. YOU CAN HAVE, AS WE TALKED ABOUT, I THINK EVEN LAST TRAINING, 1 OR 3 OR 5 OR 7 OR AS LONG AS IT'S A WHOLE NUMBER, I GUESS ANY NUMBER OF PLANNING COMMISSION MEMBERS. RIGHT. SO. BUT AND AT A MINIMUM, A PLANNING COMMISSION IS THE ONE ENTITLED TO MAKE RECOMMENDATIONS TO THE COUNCIL WHEN IT COMES TO TEXT AMENDMENTS TO THE CITY CODE ZONE CHANGES. A FEW OF THOSE THINGS YOU SEE ON THE BOTTOM HALF OF THAT CHART, RIGHT. AMENDMENTS TO THE GENERAL PLAN AND AND ANY GENERAL PLAN MAP. SMALL AREA PLANS, SOME OF THOSE KINDS OF THINGS. PLANNING COMMISSION HAS TO HOLD A PUBLIC HEARING AND GIVE A RECOMMENDATION, AND THEN THE COUNCIL MAKES THE FINAL DECISION UNDER STATE CODE. COUNCIL DOESN'T HAVE TO ALSO REQUIRE USUALLY DOES NOT ALSO HAVE TO REQUIRE A PUBLIC HEARING OF ITS OWN. BUT IN OUR CITY CODE, WE DO REQUIRE IT, RIGHT? THE MAIN. THE REQUIRED PUBLIC HEARING IS HERE AT THE PLANNING COMMISSION LEVEL, BUT WE HAVE THIS NOTION IN HLA-DMA AND STATE LAND USE LAW THAT WE SHOULD ALSO HAVE WHAT WE CALL LAND USE AUTHORITIES, RIGHT? THE LAND USE AUTHORITIES. I MEAN, THE LAND USE AUTHORITY COULD BE THE PLANNING COMMISSION. IN OUR CASE, IT IS. IT COULD BE STAFF, IT COULD BE SOME OTHER ENTITY CREATED BY BY CITY CODE. IN OUR CASE, MOST OF THE MAIN ADMINISTRATIVE FINAL DECISIONS. THE PLANNING COMMISSION IS THE LAND USE AUTHORITY, RIGHT. SO WHEN IT COMES TO, AS YOU SEE ON THE TOP OF THE CHART, PRELIMINARY SUBDIVISION PLAT, PRELIMINARY SITE PLAN, CONDITIONAL USE PERMITS, TEMPORARY USE PERMITS, [00:15:01] SOME OF WHICH OF THOSE TYPES OF APPLICATIONS WE HAVE ON THIS EVENING'S AGENDA. BUT YOU SEE ALL OF THESE, RIGHT. WE SEE LOTS OF PRELIMINARY SUBDIVISION PLOTS AND SITE PLANS AND CONDITIONAL USE PERMITS. TEMPORARY USE PERMITS, NOT AS OFTEN. BUT YOU SEE THEM AND, AND THEY YOU DO MAKE AS A LAND USE AUTHORITY, THE FINAL DECISION BECAUSE CITY CODE SAYS YOU DO RIGHT. AND WE'VE PUT IN THERE THE RELEVANT CITY CODE SECTIONS ON THAT FINAL COLUMN THAT GIVES YOU THAT AUTHORITY TO MAKE THOSE DECISIONS. THEN, BECAUSE SUBDIVISION PLATS AND SITE PLANS ARE PROCESSES THAT REQUIRE SOME FOLLOW UP TO SOME FINE TUNING TO ENGINEERING AND SO FORTH, TO FLESH OUT AND FINALIZE THEM. THEN THE FINAL SUBDIVISION PLAT AND FINAL SITE PLANS UNDER OUR CODE BECOME A STAFF CITY STAFF FUNCTION. AND THEY'RE ACTUALLY THE LAND USE AUTHORITY WHEN IT COMES TO THOSE FINAL PLATS AND FINAL SITE PLANS. BUT OF COURSE, THEY HAVE TO FOLLOW THE THE STRUCTURE YOU'VE LAID OUT IN THE PRELIMINARY SUBDIVISION PLAT AND SITE PLAN, AND THEY'RE PRETTY MUCH JUST FLESHING OUT THE DETAILS, RIGHT? SO JUST WANTED TO JUST KIND OF REMIND YOU ABOUT THIS, ABOUT THIS CHART. ONE OF THE THINGS THAT IS UNIQUE TO WEST JORDAN, THERE'S VERY FEW OTHER CITIES THAT HAVE IT AS WE HAVE CRITERIA, VERY SPECIFIC CRITERIA FOR EVERY TYPE OF APPLICATION THAT YOU REVIEW, WHETHER IT'S ADMINISTRATIVE OR YOU'RE RECOMMENDING TO THE COUNCIL. AS YOU KNOW, WE HAVE CRITERIA, RIGHT, THAT YOU GO THROUGH AND THE STAFF REPORT WILL GO ONE BY ONE FOR EACH OF THE FOUR OR 5 OR 6 CRITERIA AND GIVE YOU THE ANALYSIS THROUGH THOSE CRITERIA, WHICH I THINK IS REALLY HELPFUL. RIGHT? IT MAKES SURE ONE OF THE MAIN ADVANTAGES TO THOSE CRITERIA IS IT MAKES SURE THAT WE DON'T INADVERTENTLY, INADVERTENTLY MISS SOMETHING THAT'S RELEVANT FOR YOU, FOR YOUR CONSIDERATION. AND IT GIVES YOU THE OPPORTUNITY TO TO ASK QUESTIONS FROM THERE OR GET MORE INFORMATION IF YOU NEED IT. AND IN SOME INSTANCES, LIKE SAY IT'S A ZONE CHANGE OR SOMETHING. AS YOU KNOW, IF SOMEBODY MEETS ALL THE CRITERIA THAT YOU HAVE TO GIVE A POSITIVE RECOMMENDATION. IF, HOWEVER, YOU FIND THAT AT LEAST ONE OF THE CRITERIA IS NOT MET, YOU CAN MAKE A NEGATIVE RECOMMENDATION, RIGHT? SO IT GIVES YOU THE ABILITY TO APPROVE OR RECOMMEND APPROVAL OR RECOMMEND DENIAL BASED UPON THOSE OBJECTIVE CRITERIA, WHICH I THINK IS GREAT BECAUSE IT DOESN'T MINIMIZE YOUR ABILITY TO GIVE THE INPUT YOU WANT. IN FACT, I THINK IT EMPOWERS YOU BECAUSE IF YOU WANTED TO GIVE A NEGATIVE RECOMMENDATION, YOU'VE GOT A FRAMEWORK WITHIN WHICH TO DO IT, RIGHT. AND THEN IT'S CLEAR TO THE COUNCIL WHY YOU MADE THE RECOMMENDATION. AND A LOT OF INSTANCES, IT MIGHT BE BASED ON SOMETHING THAT'S EITHER IN THE STAFF REPORT OR THAT CAME UP DURING THE PUBLIC HEARING. AND, AND THE PART THAT I LIKE THE MOST ABOUT THE THESE CRITERIA ARE THAT IF THERE IS SOME LEGAL ACTION AGAINST THE CITY, IT MAKES IT MORE LEGALLY DEFENSIBLE THAT IT WASN'T JUST ARBITRARY AND CAPRICIOUS AND ON A WHIM THAT A DECISION OR RECOMMENDATION WAS MADE, BUT IT WAS BASED ON OBJECTIVE CRITERIA AND ACTUAL FACTS AND EVIDENCE PRESENTED. RIGHT. WHICH IS JUST GREAT, ESPECIALLY SINCE COURTS USUALLY WILL GIVE DEFERENCE TO CITIES IF THEY'VE JUMPED THROUGH THE RIGHT HOOPS AND CREATED THE THE PROPER RECORD. ANY QUESTIONS ON THIS CHART? OF COURSE, YOU GOT THE BOLD LINE DOWN THE ACROSS THE MIDDLE, WHICH IS EVERYTHING ABOVE THAT. YOU'RE ACTING AS A LAND USE AUTHORITY, EVERYTHING BELOW IT. YOU'RE ACTING AS A TRADITIONAL PLANNING COMMISSION. OF COURSE, YOU'VE GOT A LOT MORE DISCRETION WHEN IT COMES TO RECOMMENDING THE COUNCIL, A LOT LESS, MORE MINISTERIAL. WHEN YOU'RE MAKING AN ADMINISTRATIVE DECISION. AND OF COURSE, THE OTHER MAIN DIFFERENCE IS ADMINISTRATIVE. YOU'RE JUST ENFORCING THE RULES, RIGHT? WHEREAS RECOMMENDING THE COUNCIL, YOU'RE RECOMMENDING REVISING THE RULES OR MAKING UP THE NEW RULES. RIGHT? AND YOU CAN READ THE REST OF THE NOTES THERE AND SO FORTH. IF BUT FULLY UPDATED, LIKE I SAY, CHART. SO, SO THE OTHER HANDOUT I GOT, I GOT FOR YOU TONIGHT IS THE ETHICS. SOME OF THIS ETHICS TRAINING, YOU KNOW, ETHICS IS SUCH AN INTERESTING THING BECAUSE WHEN. IN DIFFERENT PROFESSIONS, WHETHER YOU'RE IN [00:20:05] THE LEGAL PROFESSION OR SOMEBODY WHO'S AN ACCOUNTANT OR AN ENGINEER OR WHATEVER, MOST PROFESSIONS HAVE THEIR OWN RULES OF ETHICS, RIGHT? INSURANCE AGENTS, WHATEVER IT MIGHT BE. AND SO IT'S APPROPRIATE IN A MUNICIPAL SETTING, ESPECIALLY FOR LAND USE, THAT WE HAVE OUR OWN ETHICS, RIGHT. AND WE, AS YOU KNOW, THAT WE WE DO HAVE DOES ANYBODY KNOW THE NAME OF IT? THIS THERE'S A LAW KIND OF A REALLY LONG NAME THAT'S IS THE ETHICS ACT THAT THE STATE LEGISLATURE PASSED THAT THAT WE HAVE TO FOLLOW. IT'S CALLED THE. IT MIGHT SURPRISE YOU, BUT IT'S CALLED THE MUNICIPAL EMPLOYEES ETHICS ACT, SOMETHING LIKE THAT. RIGHT. SO WHICH KIND OF FITS, RIGHT. BECAUSE THAT'S WHAT WE ARE. AND SO IT'S ONE OF THOSE LAWS THAT KIND OF MAKES SENSE. SOMETIMES LEGISLATURES PASS LAWS AND YOU AND YOU'RE LIKE, IS THAT REALLY WHAT THAT IS? THAT JUST REALLY NO, IT DOESN'T MAKE SENSE. BUT THAT ONE MAKES SENSE. RIGHT? AND IT MAKES SENSE THAT THE LEGISLATURE PASSED IT FOR ALL CITIES AND TOWNS AROUND THE STATE, BECAUSE WE SHOULD, WHERE WE HAVE AT LEAST THE MAIN STATE LAWS THAT WE'RE FOLLOWING, WE SHOULD HAVE SIMILAR STANDARDS ACROSS THE STATE. NOW, GRANTED, EVEN THOUGH THERE'S THAT MUNICIPAL ETHICS ACT AND EMPLOYEES ETHICS ACT. EACH CITY CAN ADOPT ITS OWN ADDITIONAL ETHICS RULES. RIGHT. AND WE DO HAVE A FEW, IF YOU LOOK IN CITY CODE, A FEW ADDITIONAL RULES, BUT. I'LL WARN YOU, THOUGH, IF YOU READ THE STATE CODE, THE MUNICIPAL ETHICS ACT. EVEN IF YOU'RE NOT TIRED, YOU ARE UNDOUBTEDLY GOING TO GO TO SLEEP. IT IS REALLY BORING. I USUALLY LOVE TO READ CODE, BUT OH MY GOSH, IT'S JUST HORRENDOUS. EVEN EVEN TRYING TO READ IT. AND THEY DON'T EVEN USE DEFINITIONS VERY MUCH. SO INSTEAD OF HAVING A FEW MAIN WORDS, THEY JUST HAVE TO COMPLETELY REHASH EVERYTHING. EVERY TIME THEY USE A CERTAIN TERM. CRAZY, RIDICULOUS DRAFTING. BUT SO THAT'S WHY IT'S ALWAYS USEFUL FOR SOME OF THESE KINDS OF THINGS TO JUST GET A QUICK SYNOPSIS. I MEAN, WHAT THE HECK DOES THAT COUPLE OF PAGES OF CODE REALLY MEAN? WHAT'S IT TALKING ABOUT? AND, AND THAT'S KIND OF WHAT I CAME UP WITH WITH THESE SIX MAIN BULLET POINTS, RIGHT? THE SIX MAIN TAKEAWAYS SO THAT YOU DON'T HAVE TO INFLICT DAMAGE ON YOUR EYES AND READ IT YOURSELF. YOU CAN JUST READ THIS. AS WE KNOW, ONE OF THE MAIN POINTS OF ETHICS IN ANY KIND OF ETHICS, AND ESPECIALLY FOR YOU AS PLANNING COMMISSIONERS OR US AS. THOSE WORKING WITH YOU AS MUNICIPAL EMPLOYEES, CONFLICTS OF INTEREST, RIGHT? ARE ARE KIND OF A BIG THING. AND THE THING THOUGH, THAT'S DIFFERENT WITH THIS COMPARED TO IF YOU HAVE A CONFLICT OF INTEREST IN SOME OTHER PROFESSION, IS REALLY WHAT WE'RE TALKING ABOUT HERE MORE THAN ANYTHING ELSE, IS A FINANCIAL CONFLICT OF INTEREST, RIGHT? JUST BECAUSE, YOU KNOW, A GUY, YOU'VE KNOWN A GUY FOR 20 YEARS AND HE'S UP AT THE PODIUM EXPLAINING HIS APPLICATION, THAT'S NOT A CONFLICT OF INTEREST, RIGHT? BUT IF HE HAS A LIMITED LIABILITY COMPANY, THAT IS THE ONE THAT OWNS THE PROPERTY THAT'S PRESENTING THE APPLICATION, AND YOU OWN A 10% INTEREST IN THAT COMPANY, THAT'S A CONFLICT, RIGHT? IF IT MEETS THE THRESHOLD, DEPENDING ON THE SITUATION OR IF IT COULD BE RIGHT, IF ONCE YOU'RE TALKING AN INTEREST MONEY AMOUNT OR WHATEVER, THAT'S WHAT WE MEAN BY CONFLICT OF INTEREST, NOT JUST BECAUSE YOU KNOW, SOMEBODY FOR A CERTAIN PERIOD OF TIME OR ANY OF THOSE OTHER KINDS OF THINGS THAT IN A DIFFERENT SETTING MIGHT BE A CONFLICT OF INTEREST. AND SO REALLY, THERE'S TWO DUTIES. IF THERE'S A CONFLICT OF INTEREST, ONE OF WHICH IS IF YOU HAVE POTENTIAL ONGOING CONFLICT OF INTEREST, THEN YOU CAN PUT IT IN WRITING A SPECIAL FORM THAT WE CAN USE. IT GOES TO THE MAYOR'S OFFICE. I THINK THE RECORDER'S OFFICE MAYBE EVEN HELPS KEEP TRACK OF IT. BUT IT'S IF LIKE THERE'S A APPLICANT THAT'S FAIRLY FREQUENTLY PRESENTING APPLICATIONS AND YOU SOMEHOW HAVE A FINANCIAL INTEREST WITH THAT, WITH THAT APPLICANT OR THAT COMPANY, THAT'S PROBABLY ONE WHERE YOU PROBABLY JUST WANT TO FILL THAT OUT AHEAD OF TIME. IT'S LIKELY TO HAPPEN, HEY, IF AND WHEN THIS APPLICANT COMES, HERE'S MY DISCLOSURE. AND THEN AT THE AT THE RIGHT, YOU GENERALLY THE BEST TIME TO DO IT IS RIGHT AT THE BEGINNING OF THE MEETING OR RIGHT AS THE ITEM IS BEING CALLED RIGHT BEFORE IT'S CALLED ON THE AGENDA. THEN VERBALLY ON THE RECORD IN THIS MEETING INDICATE THERE'S THAT CONFLICT DOESN'T MEAN YOU CAN'T PARTICIPATE ON. [00:25:02] IT DOESN'T MEAN YOU HAVE TO RECUSE YOURSELF OR ABSTAIN, BUT IT DOES MEAN YOU SHOULD VERBALLY MAKE THAT DISCLOSURE IN THE MEETING. RIGHT. WHICH LEADS US TO THE SECOND BULLET POINT IS ABSTAINING. AND. LIKE I SAY SOMETIMES, AND IF YOU'RE IN A SITUATION WHERE YOU THINK YOU MIGHT WANT TO, IN ADDITION TO JUST MAKING THOSE DISCLOSURES, YOU MAY WANT TO RECUSE YOURSELF OR ABSTAIN FROM DISCUSSION OR VOTING, OR EVEN JUST FORMALLY RECUSE YOURSELF. FEEL FREE TO I CAN WALK YOU THROUGH THAT AS YOUR LEGAL ADVISOR. PRETTY RARE WHEN YOU GET TO THE POINT WHERE YOU WANT TO DO THAT, BUT YOU MIGHT WANT TO. IN CERTAIN CASES, YOU DON'T HAVE TO NECESSARILY IN CERTAIN CASES, BUT SOMETHING TO KEEP IN MIND, WHAT WE SHOULDN'T DO IS ABSTAIN FROM AN ISSUE JUST BECAUSE WE'RE CHICKEN, RIGHT? THAT IT'S A, IT'S A HOT ITEM ISSUE. AND WE HAVE THE THOUGHT OF, OH, GEE, I DON'T WANT TO BE THE UNPOPULAR PERSON, SO I'M JUST GOING TO NO, THAT'S NOT WHAT WE'RE TALKING ABOUT. RIGHT. BUT IF THERE'S A BONA FIDE REASON WHERE YOU REALLY THINK THAT YOUR REAL CONFLICT OF INTEREST IS A BIG ENOUGH OF AN ISSUE, THEN THERE MIGHT BE A CASE FOR YOU. YOU WOULD WANT TO ABSTAIN OR RECUSE YOURSELF. THE NEXT BIG THING WITH WITH ETHICS IS NOT ACCEPTING PERSONAL GIFTS. AND WHAT'S THE DOLLAR AMOUNT THAT'S 50. DOESN'T MEAN THAT YOU COULD EVEN GO LOWER THAN 50. IF YOU FEEL LIKE IT'S SWAYING OR INFLUENCING YOU, YOU COULD GET YOU KNOW, I REALLY DOUBT THOUGH. SOMEBODY GAVE ME SOMETHING. SO ALWAYS ON THE SIDE OF JUST TURN IT DOWN. DON'T ACCEPT IT. IF YOU. BUT CERTAINLY IF IT'S 50 OR MORE, YOU SHOULD JUST. ESPECIALLY WHERE THAT THRESHOLD IS, RIGHT? IN STATE LAW, YOU SHOULD JUST TURN IT DOWN. NOW, WE HAVE HAD TIMES AT THE CITY WHERE SOMEBODY COMES BY WITH THIS REALLY EXPENSIVE THING AT, YOU KNOW, WITH A BASKET FULL OF ALL KINDS OF REALLY COOL STUFF TO EAT. AND IT'S GOT TO BE WORTH 200 BUCKS, RIGHT? THE CITY CAN ACCEPT IT AND SET IT OUT ON A TABLE. AND ANY EMPLOYEE THAT WANTS TO EAT IT CAN EAT IT, BUT IT'S NOT A PERSONAL GIFT AT THAT POINT, RIGHT TO ONE PERSON. AND A LOT OF TIMES THAT'S WHAT HAPPENS. SOMEBODY COMES, SOMEBODY DROPS SOMETHING BY, IT'S TOO LATE TO GIVE IT BACK. AND OKAY, I'LL JUST STICK IT ON THE COMMUNAL TABLE AND EVERYBODY WILL EAT IT. AND THEN ANOTHER THING IS ALIGNMENT WITH THE GENERAL PLAN AND OUR LAND USE REGULATIONS AND THE CRITERIA WE WERE JUST TALKING ABOUT, RIGHT? VERY IMPORTANT. IF WE FOLLOW THAT, WE'RE MORE LIKELY TO NOT HAVE ETHICAL ISSUES BECAUSE WE'RE BASING EVERYTHING NOT ON OUR PERSONAL PREFERENCES, BUT ON THE GENERAL PLAN, THE CODE, THE CRITERIA. AND WE HAD A WHOLE DIFFERENT TRAINING, I THINK, BACK IN NOVEMBER WHERE WE TALKED ABOUT EX PARTE COMMUNICATION. THAT'S ONE WHERE THERE'S CERTAIN THINGS THAT ARE HARDER OR EASIER FOR PLANNING COMMISSIONERS VERSUS COUNCIL MEMBERS. THIS IS THE ONE THAT'S MUCH HARDER FOR PLANNING COMMISSION MEMBERS, BECAUSE THE COUNCIL NOT ONLY ARE NOT PROHIBITED FROM TALKING ONE ON ONE, THEY'RE ENCOURAGED ALMOST TO TALK ONE ON ONE RIGHT TO CONSTITUENTS. SO THAT'S PROBABLY ONE OF YOUR BIGGEST ISSUES. AND THAT'S WHY WE HAD A TRAINING SPECIFICALLY FOR JUST THAT. AND THE LAST THING IS JUST OVERALL PROCEDURAL FAIRNESS, RIGHT? SOMETIMES IT'S JUST REALLY IMPORTANT TO MAKE SURE EVERYBODY HAS THEIR SAY, THEIR CHANCE, THEIR DAY IN COURT, SO TO SPEAK. I REMEMBER ONE APPLICATION IN THE CITY OF PERRY WHERE I WORKED YEARS AGO, AND A LADY CAME AND GAVE A PRESENTATION AND THE SHE WAS VERY SYMPATHETIC. RIGHT? I MEAN, EVERYBODY WANTED TO. THE PLANNING COMMISSION MEMBERS WANTED TO GRANT HER APPLICATION, BUT IT WAS CLEAR THE CITY CODE DID NOT ALLOW THEM TO DO SO. AND THEY ULTIMATELY HAD TO DENY THE APPLICATION. BUT THEY ALLOWED HER TO TALK A LOT AND EXPLAIN, AND THEY ALLOWED FOR THE PUBLIC HEARING. AND THEY EXPLAINED THE POSITION AND THEY LOOKED AT THE THE CODE SECTIONS AND AND THEY PROBABLY TOOK TWICE AS LONG, MAYBE EVEN THREE TIMES AS LONG TO HANDLE THAT APPLICATION AS THEY NORMALLY WOULD HAVE. BUT UNDER THE CIRCUMSTANCES, THEY FELT LIKE THEY NEEDED TO GIVE PROCEDURAL FAIRNESS. AND IT WAS A GOOD IDEA. AND THE TRAINING THAT DAY WASN'T GIVEN BY ME. AND IT WAS LATER IN THE MEETING, IT WAS GIVEN BY THE LAND USE OMBUDSMAN, PROPERTY RIGHTS OMBUDSMAN AT THE TIME. AND HE ACTUALLY HE ACTUALLY CONGRATULATED THE PLANNING COMMISSION THAT THEY DID A GOOD JOB AND GAVE THAT PROCEDURAL FAIRNESS. AND AND THE LADY EVEN SAID WHEN HER APPLICATION WAS DENIED, SHE SAYS, I FEEL BAD THAT MY APPLICATION WAS DENIED, BUT I FEEL LIKE HE WAS. PLANNING COMMISSION MEMBERS LISTENED TO ME, WANTED TO ACT IN MY FAVOR IF YOU COULD, BUT ULTIMATELY YOU DIDN'T BECAUSE THE CODE PREVENTED YOU FROM DOING SO. AND AND IT WAS JUST A GOOD RESULT, RIGHT, TO SEE THAT [00:30:04] THERE WAS THAT PROCEDURAL FAIRNESS. BUT WITH THAT, THAT'S ALL I'VE GOT. AND YOU DON'T EVEN HAVE TIME TO ASK ANY QUESTIONS NOW IF YOU WANTED TO. THANK YOU. DUNCAN, BEFORE WE OPEN UP THE REGULAR MEETING, I JUST WANT TO MAKE ONE QUICK COMMENT. IF YOU GUYS ARE GOING TO MISS THE. LIVE MEETING AND GOING TO GO ON ZOOM, EITHER CONTACT MYSELF OR CORRINE SO THAT SHE CAN MAKE YOU A PANELIST. MAKES IT A LOT EASIER FOR HER. AND SO IF, EVEN IF YOU JUST LIKE THREE, THREE HOURS BEFOREHAND OR WHATEVER, YOU CAN DO THAT AND SHE CAN HURRY UP AND MAKE YOU A PANELIST AND YOU'RE GOOD TO GO. ALRIGHT, WITH THAT, WE WILL GO AHEAD AND GET STARTED. WELCOME, EVERYBODY, TO THE WEST JORDAN PLANNING COMMISSION MEETING FOR APRIL 21ST, 2026. WE HAVE ALL MEMBERS PRESENT AND WE WILL GO AHEAD AND GET STARTED WITH THE PLEDGE OF ALLEGIANCE. AND COMMISSIONER ANDERSON IS GOING TO LEAD US. PLEASE RISE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. THANK YOU. OKAY. FIRST ON THE AGENDA IS THE CONSENT CALENDAR. AND FIRST ON THAT IS ITEM A, AND THAT IS APPROVAL OF THE MINUTES FROM APRIL 7TH, 2026. I DID NOTICE THAT THERE WAS ONE CORRECTION WE NEEDED TO MAKE ON THE WHO WAS HERE AND WHO WASN'T, AND THAT WAS COMMISSIONER AKER AND COMMISSIONER ALLEN. THEY WERE BOTH PRESENT AND ABSENT AT THE SAME TIME, WHICH IS PRETTY, PRETTY TRICKY THING. AND THEN LET'S SAY WE'RE SO WE'RE BOTH ON THE REGULAR MEETING MINUTES AS PRESENT. IT'S THE WORK SESSION MINUTES THAT HAVE THAT. OKAY. THAT IS COMBINED THE TWO. SO WE WERE KIND OF TALKING ABOUT THAT BEFOREHAND. SO. AND THAT WOULD MAKE SENSE. OKAY. THEN WE DON'T NEED TO WORRY ABOUT THAT PARTICULAR ONE. BUT THEN YOU WANTED TO MAKE A. YEAH. AND I DON'T KNOW THE BEST WAY TO, TO APPROACH THIS. I THINK I'D JUST LIKE TO. LOOK AT IT AFTERWARD, BUT THAT WOULD REQUIRE TABLING APPROVAL OF THE MINUTES. THE CONCERN IS THERE'S A COUPLE OF THINGS THAT I THINK NEED TO BE ADDRESSED WITHIN THE MINUTES FOR LEGIBILITY, AND SEVERAL OF THE INDIVIDUAL'S NAMES ARE MISSPELLED. BUT GOING THROUGH EACH INDIVIDUAL ITEM AND PUTTING IT ON RECORD, I THINK I'D RATHER SEE IF WE COULD JUST TABLE IT AND HAVE THAT CONVERSATION AFTER. IF YOU WANT TO MAKE A MOTION TO TO TABLE UNTIL NEXT MEETING, WE CAN DO THAT. I WILL MOTION THAT WE TABLE THE MINUTES UNTIL THE NEXT MEETING. MAY 5TH, 19TH. THAT'S RIGHT. THERE IS NO MAY 5TH. OKAY. SO MOTION. OKAY, WE HAVE A MOTION ON THAT. COMMISSIONER ANDERSON, CAN I ASK A QUESTION ON THE MOTION? YOU BET. WOULD THAT COME WITH THE VOLUNTEER OF OF COMMISSIONER ALLEN TO GO THROUGH AND REDLINE THEM? OH YEAH. I'LL FOLLOW UP THEN I SECOND. OKAY. WE HAVE A MOTION AND A SECOND WITH QUESTIONS ANSWERED. ALL IN FAVOR, ENABLING IT TILL THE NEXT MEETING. SAY AYE. AYE. ANY OPPOSED? OKAY. THAT CARRIES SEVEN. NOTHING. OKAY. NEXT ON THE CONSENT CALENDAR IS THE UTAH BAJA POTTERY, 7631 SOUTH REDWOOD ROAD. TEMPORARY USE PERMIT FOR 150 DAYS AND AN SEC. ONE NEIGHBORHOOD COMMERCIAL ZONE. AND KEVIN BEST, IF YOU ARE HERE, COME UP AND. TELL US ABOUT YOUR PROJECT OR. GOOD AFTERNOON, GOOD EVENING, GOOD EVENING. IT'S. I SELL MEXICAN POTTERY AND METAL ARTWORK FROM MEXICO. IT'S IMPORTED POTS AND METAL STATUES AND EVERYTHING'S FROM MEXICO. AND THAT'S ABOUT IT. AND IT'S MY DRAWING. OKAY. ANY QUESTIONS FOR THE APPLICANT? I HAVE A PORTA POTTY THERE FOR PEOPLE, AND IT'S A GRAVEL WITH A TEMPORARY FENCE. SO FOR AND [00:35:08] AT THE END OF THAT, I'LL JUST TAKE IT DOWN AND CLEAN IT BACK UP. AND I'VE ALREADY IMPROVED THE FRONT OF THE PROPERTY THAT WAS ALL FULL OF GARBAGE AND WEEDS AND DEAD TREE STUMPS. OKAY. ANY QUESTIONS? MARK? ALL RIGHT. YES. WELL, JUST TO BE PRETTY BRIEF, BUT JUST TO GIVE A LITTLE BIT OF CONTEXT. SO THE APPLICANT ALREADY HAS A 30 DAY PERMIT. SORRY ABOUT THAT. AS A 30 DAY PERMIT, WHICH EXPIRES TONIGHT ACTUALLY. AND SO THEY'RE REQUESTING 150 DAY PERMIT TO CONTINUE TO RUN THEIR BUSINESS UP THROUGH MID-SUMMER. SO THIS WOULD ALLOW THEM TO DO THAT. BUT BASICALLY WHERE THIS IS LOCATED, JUST OFF OF REDWOOD ROAD ON A VACANT PARCEL JUST SOUTH OF THE JIM'S FAMILY RESTAURANT THERE. SO YOU'VE GOT THE RESTAURANT TO THE NORTH, SHOPPING CENTER TO THE EAST, AND THEN TO THE SOUTH IS ACTUALLY SINGLE FAMILY RESIDENTIAL HOME. SO. SO IN LOOKING AT THEIR SITE PLAN, IT'S A LITTLE BIT DIFFERENT THAN THE WAY THEY SET UP OUT THERE. THE WAY THEY'VE GOT IT OUT THERE RIGHT NOW TODAY IS. THE FENCE DISPLAY YARD IS ABOUT, GIVE OR TAKE 20FT AWAY FROM THAT RESIDENTIAL PROPERTY. SO THAT'S WHERE MOST OF THE THE BUSINESS IS CONTAINED THAT CAN CONTAINS VARIETY OF METAL SCULPTURES, POTTERY, THINGS FOR SALE. THERE'S A TENT FOR FOR SALES TRANSACTIONS WITHIN THAT AREA. AND THEN THE GRAVEL PARKING LOT IS TO THE NORTH OF THAT. SO GOING BACK TO THE. IT'S A LITTLE HARD TO SEE HERE, BUT THEY ACTUALLY HAVE A PREEXISTING ENTRANCE JUST OFF OF THAT PARKING LOT FOR THE JIM'S RESTAURANT. THERE'S A CUT IN THE CURB. AND SO THE GRAVEL PARKING LOT JUST COMES DIRECTLY OFF OF THAT. SO THERE'S NO DIRECT ACCESS ONTO REDWOOD ROAD. EVERYTHING'S COMING JUST THROUGH THAT PARKING LOT INDIRECTLY. SO IT'S KIND OF HELPS WITH THE, THE TRAFFIC FLOW AND KIND OF SLOWING THAT DOWN A LITTLE BIT. BUT. AS FAR AS THE CONDITIONS OF APPROVAL, THEY'RE PRETTY MUCH THE SAME AS WHAT WAS APPROVED IN THE 30 DAY PERMIT. SO ONE OF THOSE IS JUST KEEPING TEMPORARY TOILETS ON SITE. THEY'VE GOT TWO OF THEM AS THE APPLICANT SAID. THE OTHER IS JUST CLEANING EVERYTHING UP AFTER THE PERMIT EXPIRES. THEY HAVE FIVE DAYS TO DO THAT AND OTHER THAN THAT, IT'S REALLY PRETTY STANDARD. ANY QUESTIONS? ANY QUESTIONS FOR STAFF? OKAY. DOES ANYONE WANT TO MAKE A MOTION OR. COMMISSIONER AKER IT'S A PUBLIC HEARING, RIGHT? IS THIS A PUBLIC HEARING? IT'S NOT. IT'S NOTED AS NOT A PUBLIC. OH THAT'S RIGHT, THAT'S RIGHT. SO THAT'S THAT'S WHY I BROUGHT IT RIGHT UP. OKAY. WE'RE GOOD. OKAY. I'D LIKE TO BASED UPON THE INFORMATION AND FINDINGS SET FORTH AS THE STAFF REPORT AND UPON THE EVIDENCE AND EXPLANATION RECEIVED TODAY, I MOVE THAT THE PLANNING COMMISSION APPROVED THE TEMPORARY USE PERMIT FOR UTAH BAJA POTTERY, LOCATED AT 7631 SOUTH REDWOOD ROAD IN THE SC ONE ZONE, WITH THE CONDITION AND REQUIREMENTS OF THE APPROVAL LISTED IN THE STAFF REPORT. OKAY, WE HAVE A MOTION. COMMISSIONER ROBERTS. I'LL SECOND THAT. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY. CARRIES SEVEN. NOTHING. THANK YOU. ALL RIGHT. THANK YOU. OKAY. NEXT IS [a. Holiday Oil (Fallwater Dr) Fuel Tank; 6221 West 7800 South; Conditional Use Permit for an above-ground fuel tank; SC-2 Zone; Holiday Oil/Brent Neel (applicant) [Mark Forsythe/Nate Nelson/David Murphy/Mike Jensen #35286; parcel 20-35-113-001]] PUBLIC HEARINGS WITH FINAL ACTION BY THE PLANNING COMMISSION. AND FIRST ON THE AGENDA IS ITEM A HOLIDAY OIL FALL WATER DRIVE, FUEL TANK 6221 WEST 7800 SOUTH. A CONDITIONAL USE PERMIT FOR ABOVE GROUND FUEL TANK AND AN SC TWO ZONE HOLIDAY. OIL WITH BRANT. KNEEL OR IS THAT YOU? OKAY, JUST COME ON UP AND. ALL RIGHT. SO THANK YOU. MY NAME IS BRANT NEALE AND I'M WITH HOLIDAY OIL. AND I'M HERE TONIGHT BECAUSE WE'RE GETTING READY TO OPEN OUR NINTH STORE IN WEST JORDAN LOOKING FOR APRIL 30TH. AND THEN IN DOING SO, I'VE BEEN WORKING WITH MARK IN THE PLANNING DEPARTMENT TO GET THIS PROPANE TANK ADDED AS A CONDITIONAL USE PERMIT. SO IT'S AN ABOVE GROUND 1000 GALLON VERTICAL ON THE SITE [00:40:05] PLAN. THERE, YOU CAN SEE BETWEEN THE CANOPY AND THE CAR WASH OUT TOWARD THE PARKING LOT. CURBING IS WHERE IT'S THE PROPOSED LOCATION. SO ONE THING THAT WE'VE BEEN DOING HERE IS WE'VE NOTICED THAT OTHER PLACES WE SELL PROPANE IS IT'S A HUGE DISCOUNT FOR OUR CUSTOMERS WHEN THEY BUY A PROPANE TANK OR THEY, YOU KNOW, $60 AT SMITH'S, $40 AT COSTCO, AND THEY COME FILL IT UP, THEY CAN FILL IT UP FOR $16. OR IF THEY DO AN EXCHANGE, INSTEAD OF PAYING $25, $30 FOR AN EXCHANGE, AT THE CURRENT RATE, IT'S ABOUT $16 WHEN YOU GO FOR BULK PROPANE. SO IT IS A SIGNIFICANT SAVINGS, 30 TO 40% SAVINGS WHEN YOU REFILL INSTEAD OF EXCHANGE. SO WE THINK IT'S A VALUE ADDED SERVICE FOR THE CUSTOMERS. OF COURSE WE'RE A BUSINESS, SO IT ALSO IS PROFITABLE, BUT IT IS A BIG DISCOUNT FOR THE CUSTOMERS THAT COME ON OUR LOT. OKAY. ANY QUESTIONS FOR THE APPLICANT? THERE WAS ONE QUICK QUESTION THAT KIND OF CAME UP IN OUR PRE MEETING. AND THAT WAS THE AREA MARKED IN FRONT OF IT FOR PARKING AND STUFF, THE STRIPING, THE STRIPING SO THAT PEOPLE DON'T PARK, BUT THERE'S ENOUGH SPACE FOR AT LEAST A SMALL RV OR A TRAILER TO COME THROUGH AND YOU CAN FILL THOSE TANKS, RIGHT? CORRECT. YES. SMALLER RV MOTORHOME. YOU CAN SEE THE STRIPING PLAN ON THAT. IT HAS THE SINGLE PARALLEL STALL AND THEN SOME CROSSHATCH BACK BECAUSE THAT'S WHAT THOSE TRIANGLES ARE. AND THAT'S JUST TO PREVENT ANYONE FROM PARKING NEXT TO A DURING THE FILL. SO IT DOES HELP WITH THAT. AND WE ARE STILL GETTING AFTER TONIGHT, IF WE GET APPROVAL, THEN OUR STRIKER IS GETTING SET TO GO OUT THERE AND DO THAT. SO WE HAVEN'T DONE IT YET, JUST BASED OFF OF HOW TONIGHT WENT. BUT OKAY. ANY OTHER QUESTIONS? MARK? WE'LL CALL YOU UP IF WE HAVE ANY OTHER QUESTIONS. THANK YOU. ALL RIGHT. THANKS. YEAH. SO THE THE ABOVE GROUND FUEL TANK WILL BE AT A HOLIDAY OIL SITE THAT'S LOCATED ON THE CORNER OF FALL WATER DRIVE AND THE 7800 SOUTH ON THE WEST SIDE OF THE CITY, JUST ON THE WEST SIDE OF MOUNTAIN VIEW CORRIDOR. AND IT'S LOCATED IN AN SC TWO ZONE, WHICH IS A COMMUNITY COMMERCIAL ZONE. AND SO GAS STATIONS ARE A PERMITTED USE, MEANING THEY HAVE UNDERGROUND TANKS. BUT ANYTIME YOU HAVE AN ABOVE GROUND TANK, SUCH AS IN THE CASE OF THE PROPOSED USE TONIGHT, IT REQUIRES A CONDITIONAL USE PERMIT IN THAT SC TWO ZONE. SO IN LOOKING AT SOME OF THE SURROUNDING USES, BASICALLY YOU'VE GOT TWO MAJOR ROADS ON EITHER SIDE. SO YOU'VE GOT 7800 SOUTH TO THE NORTH AND THEN FALL WATER DRIVE, WHICH IS A COLLECTOR ROAD TO THE WEST AND THEN TO THE SOUTH AND THE EAST IS ALL VACANT LAND ZONED FOR FUTURE COMMERCIAL DEVELOPMENT AS WELL. SO, SO IT SHOULD BE PRETTY GOOD SITE. THE NEAREST RESIDENTIAL IS LOCATED ON THE WEST SIDE OF FALL WATER DRIVE, AND THEY'VE GOT EXISTING GATE BUFFERS, STREETSCAPE WALLS THAT CAN ADD ADDITIONAL BUFFER IN ADDITION TO THAT ROAD AS WELL. SO. SO LOOKING AT THE SITE PLAN, WE FOUND IT TO MEET ALL THE REQUIREMENTS OF THE SC TWO ZONE, PARTICULARLY IN TERMS OF MINIMUM SETBACKS FROM THE PROPERTY LINES. IT'S VERY, QUITE FAR AWAY FROM ANY OF THOSE. AND WE'LL MEET THOSE EASILY. AND THEN THE MAXIMUM HEIGHT RESTRICTIONS THE TANK'S GOING TO BE ABOUT 20FT TALL. SO THAT'S WELL WITHIN THE THE MAXIMUM HEIGHT RESTRICTIONS THERE. PLACEMENT AS THE APPLICANT KIND OF EXPLAINED, IS OUTSIDE THE DRIVE AISLES AND LANDSCAPED AREA. IT'S SMALL ENOUGH THAT IT'S NOT GOING TO EAT INTO THEIR MINIMUM LANDSCAPING REQUIRED. SO THEY'VE GOT PLENTY OF LANDSCAPING ON SITE TO, TO STILL MEET THAT AND PUT THE TANK UP. THEY'VE DONE A GOOD JOB OF KEEPING IT OUT OF THE DRIVE AISLES, SO THAT'S GOOD. SO IT'LL BE PROTECTED BY CURB WALLS. THEY'RE ALREADY THERE. AND THEN A ROW OF METAL BOLLARDS THAT WILL PROTECT THAT ADDITIONALLY. SO THEN WE TALKED ABOUT THE PARKING AREA IN FRONT OF THE TANK. SO THE STRIPING THERE IS A A RECOMMENDED CONDITION OF APPROVAL JUST TO CREATE A, A DELINEATED SPACE TO WHERE PEOPLE CAN PULL UP PARK SO THAT WHERE THEY KNOW WHERE TO GO AND IT KEEPS THEM OUT OF THE DRIVE AISLE OF INCOMING AND OUTGOING TRAFFIC. SO ANOTHER CONDITION OF APPROVAL THAT WE'RE RECOMMENDING IS THAT THEY GET ALL THEIR CLEARANCES WITH THE FIRE DEPARTMENT. SO FIRST AND FOREMOST IS GETTING CLEARANCE THROUGH THE STATE FIRE MARSHAL'S OFFICE BEFORE [00:45:02] THEY APPLY FOR PERMITS WITH OUR FIRE DEPARTMENT AND GETTING THAT ALL CLEARED. AND THEN, OF COURSE, GETTING APPROVAL OF THEIR BUILDING PERMIT. SO. HERE'S A PICTURE OF THE THE HEIGHT AND THE ANCHORING. SO IT'LL BE ANCHORED TO A CONCRETE PAD. AND A LOT OF THAT WILL BE ASSESSED IN DETAIL THROUGH THE BUILDING PERMIT PROCESS AS WELL, AND THEN INSPECTED BY BOTH FIRE DEPARTMENT AND THE BUILDING AND SAFETY DEPARTMENT. SO THAT'S IT. AND I CAN ANSWER ANY QUESTIONS YOU HAVE. HAVE A QUICK QUESTION FOR CHIEF JENSEN. THIS IS JUST MORE OF A CURIOSITY. DOES WEST JORDAN REQUIRE ANY OTHER PERMITS OTHER THAN THE STATE FIRE MARSHAL PERMIT FOR PROPANE? WE DO. WE WE HAVE AN ABOVE GROUND AND BELOW GROUND PERMIT, AND THAT HAS BEEN TAKEN OUT AND PAID FOR AND APPROVED. OKAY, PERFECT. THANK YOU. ANY OTHER QUESTIONS FOR STAFF? OKAY. THIS HAS BEEN NOTED AS A PUBLIC HEARING. SO IF YOU'RE HERE TO SPEAK ON THIS ITEM, YOU'LL BE GIVEN THREE MINUTES. PLEASE APPROACH THE PODIUM. STATE YOUR NAME. IF YOU'RE ONLINE, RAISE YOUR HAND. OKAY. THEN WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AND BRING IT BACK UP TO THE COMMISSION FOR COMMENT AND OR MOTIONS. MR. ANDERSON. YEAH, IF THERE'S NO COMMENT, I'M HAPPY TO MAKE A MOTION TO APPROVE 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 APPROVE THE CONDITIONAL USE PERMIT FOR THE HOLIDAY OIL FALL WATER DRIVE FUEL TANK LOCATED AT 6221 WEST 7800 SOUTH IN THE SC2 ZONE. WITH THE CONDITIONS AND REQUIREMENTS OF APPROVAL LISTED IN THE STAFF REPORT. OKAY, WE HAVE A MOTION. MR. HOLLINGSWORTH. I SECOND THE MOTION. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY. THAT CARRIES SEVEN. NOTHING. THANK YOU. OKAY. [b. Crazy Corn Maze 2026 Expansion; 8780 South 4000 West; Amended Conditional Use Permit; M-1 Zone; R & K Farm Enterprises Inc./Julianna Maynard (applicant) [Mark Forsythe/Nate Nelson/Nestor Gallo/Mike Jensen/Doug Rolfe #35326; parcel 27-06-200-032]] NEXT IS ITEM B. AND THAT'S THE CRAZY CORN MAZE AT 2026. EXPANSION AT 8780 SOUTH 4000 WEST. IT'S AMENDED CONDITIONAL USE PERMIT AND AN M1 ZONE R AND K FARM ENTERPRISES AND JULIANA MAYNARD. GOOD EVENING. AS STATED I'M JULIANA MAYNARD AND I'M HERE WITH MY BUSINESS PARTNER CODY SCHEME WITH R AND K FARM ENTERPRISES. WE DO BUSINESS AS A CRAZY CORN MAZE. WE'VE TRULY ENJOYED BEING A PART OF THE WESTERN COMMUNITY FOR OVER 20 YEARS, AND I APPRECIATE THE OPPORTUNITY TO BE HERE TONIGHT. I'M HERE TO PRESENT A REQUEST TO AMEND OUR CONDITIONAL USE PERMIT FOR THE CRAZY CORN MAZE AND OUR AGRITOURISM OPERATIONS. THE PRIMARY PURPOSE OF THIS REQUEST IS TO UPDATE OUR EXISTING CONDITIONAL USE PERMIT. WE ARE PROPOSING TO MODERNIZE THE LANGUAGE SO IT MORE ACCURATELY REFLECTS THE CURRENT AGRITOURISM OPERATION, ALLOWS FLEXIBILITY FOR SEASONAL SCHEDULING AND INCORPORATES WINTER HOLIDAY PROGRAMING SUCH AS A CHRISTMAS LIGHT EXPERIENCE. SPECIFICALLY, WE ARE REQUESTING RECOGNITION OF THE PROPERTY AS A SEASONAL AGRITOURISM AND OUTDOOR ENTERTAINMENT VENUE CONSISTENT WITH UTAH'S AGRITOURISM FRAMEWORK. THIS DESIGNATION REFLECTS THE NATURE OF THE OPERATION AS IT EXISTS TODAY AND ALLOWS FOR SEASONAL THEMING. WITHIN THAT FRAMEWORK, WE'RE REQUESTING FLEXIBILITY FOR UP TO 150 OPERATIONAL DAYS PER YEAR. THIS ALIGNS WITH OTHER TEMPORARY USES AND ALLOWS FOR BOTH FALL AND WINTER SEASONAL PROGRAMING, WHILE MAINTAINING THE SEASONAL CHARACTER OF THE VENUE. OVERALL, THIS REQUEST IS INTENDED TO ALIGN THE PERMIT AND WITH HOW THE PROPERTY CURRENTLY OPERATES. THE PROPERTY IS OPERATED AS A SEASONAL AGRITOURISM VENUE FOR OVER 20 YEARS. THE ORIGINAL CONDITIONAL USE PERMIT PERMIT WAS APPROVED IN 2001 AND AMENDED IN 2012. SINCE THAT TIME, THE OPERATION HAS REMAINED CONSISTENT AND ITS OVERALL STRUCTURE AND HAS CONTINUED TO SUPPORT THE AGRICULTURAL USE OF THE PROPERTY. THROUGHOUT THAT TIME. THE OPERATION HAS FUNCTIONED IN A MANNER THAT'S CONSISTENT WITH UTAH'S DEFINITION OF AGRITOURISM. COMBINING AGRICULTURAL USE WITH SEASONAL RECREATIONAL ACTIVITIES. AS OUTLINED IN THE STAFF REPORT, THE USE IS CONSISTENT WITH THE CITY'S PLANNING GOALS AND SUPPORTS CONTINUED AGRICULTURAL ACTIVITY ON THE PROPERTY. THE REPORT ALSO CONCLUDES THAT THE SITE IS ADEQUATE FOR THE USE THAT IT IS COMPATIBLE WITH SURROUNDING PROPERTIES, AND THAT ANY POTENTIAL IMPACTS CAN [00:50:03] BE ADDRESSED THROUGH REASONABLE CONDITIONS. WE AGREE WITH THOSE FINDINGS AND APPRECIATE THE STAFF'S REVIEW. TRAFFIC PATTERNS REMAIN SEASONAL AND CONSISTENT WITH HISTORICAL OPERATIONS. PUBLIC SAFETY REMAINS A PRIORITY. WE WILL CONTINUE COORDINATING WITH THE CITY'S BUILDING AND FIRE DEPARTMENTS AND WILL OBTAIN ANY PERMITS AND INSPECTIONS REQUIRED UNDER APPLICABLE CODES. WE ARE COMMITTED TO FOLLOWING THE ESTABLISHED AND ESTABLISHED PROCESSES AND ENSURING COORDINATION ACROSS DEPARTMENTS AS PART OF AN ONGOING OPERATIONS. HISTORICALLY, OUR OPERATIONS HAVE FOCUSED ON FALL AGRITOURISM ACTIVITIES. THIS AMENDMENT ALLOWS FOR ADDITIONAL SEASONAL PROGRAMING, INCLUDING A WINTER HOLIDAY EXPERIENCE WITH ACTIVITIES SUCH AS A WALK THROUGH LIGHT DISPLAY AND RELATED SEASONAL ELEMENTS. THESE ACTIVITIES WILL TAKE PLACE WITHIN THE EXISTING OPERATIONAL AREAS AND REPRESENT A CHANGE IN SEASONAL THEMING WITHIN THE SAME OVERALL USE. SPECIFIC ELEMENTS MAY VARY FROM YEAR TO YEAR AS PART OF NORMAL SEASONAL UPDATES. IN SUMMARY, THIS IS A LONG STANDING TOURISM OPERATION THAT HAS REMAINED CONSISTENT OVER TIME. THIS REQUEST PROVIDES A CLEARER FRAMEWORK MOVING FORWARD AND ALIGNS THE PERMIT WITH CURRENT OPERATIONS WHILE MAINTAINING ITS SEASONAL CHARACTER. WE APPRECIATE THE TIME AND EFFORT THE STAFF HAS PUT INTO REVIEWING THIS REQUEST, AND THE OPPORTUNITY TO WORK WITH THE CITY THROUGH THIS PROCESS, WE'RE COMMITTED TO CONTINUING TO OPERATE RESPONSIBLY AND SAFELY, AND WE WE RESPECTFULLY REQUEST APPROVAL. THANK YOU, THANK YOU. ANY QUESTIONS FOR THE APPLICANT? YES. MR. ANDERSON. HI. HAVE YOU HAD A CHANCE TO SEE THE THE EMAIL THAT WAS PROVIDED TO US WITH POINTS OF OPPOSITION? I HAVE NOT. OKAY. I THINK THAT MISS BALFUS IS PROBABLY HERE TONIGHT AND WE. PLEASE PAY ATTENTION TO THAT SO YOU CAN COME BACK UP AND ADDRESS SOME OF HER CONCERNS INITIALLY. DO YOU NEED A FULL 150 DAYS FOR WHAT YOU'RE WANTING TO ACCOMPLISH? SO THAT JUST GIVES US THE FLEXIBILITY TO DO BOTH THE FALL AND THE WINTER. WE'VE WE'VE WITH OUR SETUP AND TAKEDOWN, WE'VE BEEN REALLY CONSTRAINED. SO THAT JUST GIVES US THE FLEXIBILITY WE NEED TO MAKE SURE THAT WE'RE, WE'RE WE HAVE THE TIME WE NEED FOR BOTH OPERATIONS. WHEN DO YOU THINK YOU WOULD TYPICALLY START AND END THE WINTER OPERATION? WE WOULD PROBABLY OPEN TO THE PUBLIC THE DAY AFTER THANKSGIVING AND CLOSE THE FIRST WEEKEND AFTER CHRISTMAS OR NEW YEAR'S. I THINK THIS YEAR IT WOULD BE THE SECOND. OKAY, JANUARY THROUGH THE WEEKEND. OKAY. AS FAR AS THE THE MUSIC THAT YOU WOULD DO DURING THE WINTER ACTIVITY, DO YOU ANTICIPATE IT BEING AS LOUD AS WHAT WOULD BE GOING ON DURING THE HALLOWEEN ACTIVITY? WE WE WOULD EXPECT IT TO BE SIMILAR TO OUR CURRENT OPERATION. YES. OKAY. HOW LATE IN THE EVENING WOULD YOU GO IN THE WINTER ACTIVITY? SO OUR TIME WOULD BE SIMILAR WHERE WE WOULD BE CLOSING BY 930, 10:00 EVERY EVENING, AND THEN ON WEEKDAYS AND THEN WEEKENDS CLOSING BY 1130. OKAY. AND DO YOU OPERATE ON SUNDAYS NOW? WE DO NOT. OKAY. WOULD YOU START OPERATING ON SUNDAYS? WE CURRENTLY HAVE NO INTENTION OF DOING SO. OKAY. IS THERE ANY WAY TO POSITION YOUR SPEAKERS SUCH THAT THEY DON'T BROADCAST ACROSS THE ROAD TO THE HOMES? YES. SO WE'VE WE'VE WORKED WITH SALT LAKE COUNTY HEALTH DEPARTMENT WITH THE NOISE ORDINANCE THAT THEY HAVE, AND WE PERMIT WITH THEM AND ALSO HAVE INSPECTIONS WITH THEM. WE HAVE. WE. WITH ALL THAT PROCESS, THEY'RE AWARE OF THE SPEAKERS WE USE AND HOW WE DO IT. WE HAVE TESTED ACROSS THE STREET TO MAKE SURE OUR VOLUMES ARE APPROPRIATE. AND THEN WE ALSO, AS A COURTESY OF, OF SHIFTED THE PLACING OF THE SPEAKERS TO HAVE THEM ALL DIRECTED INWARDS TOWARD THE FILL AWAY. SO IT'D BE TOWARD THE WEST, AWAY FROM THE EAST, RESIDENTIAL SIDE, ACROSS THE STREET. OKAY. OKAY. THANK YOU VERY MUCH. BUT I DO THINK IT WOULD BE WORTHWHILE TO CALL YOU BACK UP AFTER YOU HEAR WHAT THE PUBLIC HAS TO SAY. SURE. OF COURSE. THANK YOU. I GOT A QUESTION FOR COMMISSIONER HOLLINGSWORTH. MA'AM, WE STILL HAVE ONE MORE QUESTION. YES. SORRY. WE KIND OF JUMPED THE GUN THERE ON A TYPICAL DAY. HOW MANY PEOPLE DO YOU USUALLY HAVE SHOW UP TO YOUR EVENTS? ON AVERAGE, IT'S LESS THAN 500, BUT ON OUR PEAK WEEKENDS, IT CAN BE, YOU KNOW, AROUND 1000. OKAY. AND DO YOU EVER HAVE ISSUES WITH PEOPLE PARKING ON THE STREETS? SO WE DON'T HAVE ANY ISSUES ON 40TH WEST. THERE'S REALLY NOT ROOM FOR [00:55:05] PARKING ALONG THERE, BUT OLD BINGHAM HIGHWAY, WE WERE ABLE TO AMEND OUR OUR CONDITIONAL USE PERMIT TO ALLOW FOR PARKING ON THERE. SO WE DO HAVE PARKING. WE ENCOURAGE AND TRY AND GET THEM TO PARK AT A 45 DEGREE ANGLE. TO MAXIMIZE THAT USE. OTHER THAN THAT, WE HAVEN'T HAD ISSUES. IF THERE'S NOT PARKING, USUALLY PEOPLE LEAVE AND COME ANOTHER NIGHT. SO. OKAY. ALL RIGHT. THANK YOU, COMMISSIONER AKER. SO ONE QUESTION ON THE NOISE WITH THE NOISE ORDINANCE WITH SALT LAKE COUNTY ISN'T THERE THE TIME FRAME. ISN'T IT AT 10:00 THAT THE NOISE IS SUPPOSED TO BE TERMINATED OR. YES, YES. SO THE EXCESSIVE NOISE IS A 10 P.M. WE DO LET THEM KNOW ON THE WEEKENDS WE ARE OPEN TILL 1130. SO THEY ARE AWARE OF THAT. THEY HAVE NOT REPORTED AN ISSUE OR TOLD US THAT WE NEED TO TURN IT DOWN SOONER THAN THAT. WE'VE WORKED WITH THEM AND SO FAR HAVE PASSED OUR INSPECTIONS AND NOT HAD AN ISSUE WITH THEM WITH THAT. OKAY. MR. ALLEN, YOU MENTIONED AS YOU WERE GOING THROUGH AND I'M GOING TO SLAUGHTER HOW YOU SAID THIS, SO FORGIVE, BUT SOMETHING TO THE EFFECT OF YOU'D LIKE TO BRING THE PERMIT INTO COMPLIANCE WITH WHAT YOU'RE CURRENTLY OR CURRENT OPERATIONS. WHAT ARE YOU DOING CURRENTLY, IF ANYTHING, THAT'S DIFFERENT THAN WHAT THE CURRENT PERMIT ALLOWS? I THINK IT'S MORE ABOUT JUST MODERNIZING THE LANGUAGE DUE TO THE 2024 PASSING OF, I THINK IT WAS HB 31 FOR THE AGRITOURISM LAW. WE JUST WANT TO BE UNDER THAT UMBRELLA, AND THAT PROVIDES PROTECTIONS FOR EVERYONE AS WELL AS AN UNDERSTANDING OF WHAT THE OPERATION COMPRISES OF. I THINK BEING LABELED JUST A CORN MAZE SOMETIMES OVERSIMPLIFIES. MAYBE WHAT IS THERE IN TRADITIONALLY AT A CORN MAZE, IT'S TRADITIONALLY HAS A VARIETY OF ACTIVITIES THAT COINCIDE WITH THE JUST THE MAZE ITSELF. THANKS. OF COURSE. CAN YOU OTHER QUESTIONS FOR THE APPLICANT? OKAY, NOW WE'LL CALL YOU UP IF YOU HAVE ANY MORE. THANK YOU. GOOD. THANKS, MARK. ALL RIGHT. THANK YOU. YEAH. SO JUST GOING INTO ZONING AND FUTURE LAND USE OF THE PROPERTY. SO THE PROPERTY IS LOCATED IN M ONE ZONE WHICH IS A LIGHT INDUSTRIAL ZONE. BUT THE FUTURE LAND USE MAP CALLS FOR AGRICULTURE ON THE PROPERTY. SO THIS PROPERTY HAS BEEN USED FOR AGRICULTURE LONG BEFORE THAT M ONE ZONE WAS ESTABLISHED. THEY'VE BEEN THERE FOR A LONG, LONG TIME. AND SO IT'S BASICALLY ALLOWED TO CONTINUE SINCE THAT USE HASN'T EXPANDED OR OR CHANGED MUCH. SO SOME OF THE SURROUNDING USES TO THE NORTH IS A RECYCLING FACILITY. TO THE EAST IS 4800 SOUTH WITH 40TH WEST, EXCUSE ME, WHICH IS A COLLECTOR ROAD. AND THEN ON THE OTHER SIDE IS A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD. TO THE SOUTH IS THE OLD BINGHAM HIGHWAY, WHICH. NORMALLY IS A COLLECTOR ROAD. BUT THIS STRETCH OF IT IS KIND OF ENDS IN A CUL DE SAC AND IS REALLY MORE LIKE A LOCAL ROAD. SO IT'S A LOT MORE, A LOT SMALLER TRAFFIC VOLUMES. AND THEN OTHER AREAS OF OLD BINGHAM HIGHWAY IN THE CITY. BUT AND THEN TO THE WEST IS EVEN MORE AGRICULTURAL FARMLAND. SO OOPS, LET ME GO BACK HERE TO THE SITE PLAN. SO THE AS FAR AS THE CONDITIONS OF APPROVAL GOES, WE'VE PRETTY MUCH CARRIED EVERYTHING OVER FROM THE EXISTING CONDITIONAL USE PERMIT. SO THIS PERTAINS TO THINGS LIKE TIME FRAMES. PARKING, THINGS LIKE THAT. BUT THERE'S A FEW NEW CONDITIONS OF APPROVAL I DID WANT TO GO OVER. SO THE MAIN ONE IS THE TIME FRAME. SO THE ORIGINAL WAS REALLY PRETTY MUCH LIMITED TO THE FALL MONTHS. SO NOW THIS NEW CONDITIONAL CONDITION OF APPROVAL WOULD GIVE THEM 150 DAYS PER YEAR, WHICH IS VERY SIMILAR TO OUR TEMPORARY USES THROUGHOUT THE CITY. SO. ANOTHER ONE THAT WAS ADDED WAS PERTAINS TO TEMPORARY TOILETS. IT WASN'T COVERED UNDER THE ORIGINAL CONDITIONS OF APPROVAL THEY'VE BEEN PROVIDING THOSE YEAR AFTER YEAR, BUT THOUGHT IT MIGHT BE A GOOD IDEA TO KIND OF CEMENT THAT AND REINFORCE IT TO MAKE SURE THOSE ARE PROVIDED AND MAINTAINED IN A SANITARY MANNER. BUT AND THEN THE OTHER NEW CONDITIONS THAT ARE ADDED ARE TO ENSURE THAT ANY NEW STRUCTURES THAT ARE PUT UP, YOU [01:00:04] KNOW, MAZES, TENTS. HAUNTED HOUSES, THINGS LIKE THAT GO THROUGH THE PROPER PERMIT CHANNELS, THROUGH OUR BUILDING SAFETY DEPARTMENT AND OUR FIRE DEPARTMENT. SO, SO THOSE HAVE BEEN ADDED AS WELL. THEN JUST THE LAST THING I WANTED TO TOUCH ON WAS PARKING. JUST TO REITERATE, AS THE APPLICANT SAID, THEY THERE'S NO PARKING ON 40TH WEST JUST WITH THAT BEING HIGH TRAFFIC ROAD AND NOT REALLY NO SIDEWALK INFRASTRUCTURE, THE ON STREET PARKING ON OLD BINGHAM HIGHWAY IS MORE CONDUCIVE TO THAT JUST BECAUSE OF THE LOW TRAFFIC VOLUMES AND KIND OF THIS KIND OF THE WIDER ROAD THERE. SO OTHER THAN THAT, THEY'VE GOT THE GRAVEL PARKING LOT. THAT WON'T CHANGE. WE REALLY DON'T SEE MUCH EXPANSION INTO THAT, WHICH IS GOOD. WE DO WANT TO MAKE SURE THAT PARKING IS MAINTAINED AND THEY HAVE ENOUGH ON SITE PARKING TO, TO HANDLE THE THE AMOUNT OF CUSTOMERS THERE. SO THAT'S IT. AND I CAN ANSWER ANY QUESTIONS YOU HAVE ANY QUESTIONS FOR STAFF? MR. ANDERSON? THE THE ELIMINATION OF THE REQUIREMENT OF NOT OPERATING ON SUNDAYS. CAN YOU TALK A LITTLE BIT ABOUT THAT? SURE. THANK YOU FOR REMINDING ME. SO THAT ORIGINALLY IN 2001, THE THERE WAS A CONDITION OF APPROVAL PLACED ON THAT PERMIT THAT DIDN'T ALLOW THEM TO OPERATE ON SUNDAYS. COULDN'T FIND A WHOLE LOT OF REASON WHY THAT WAS. BUT IN 2012. THAT CONDITION WAS BROUGHT UP TO THE PLANNING COMMISSION AGAIN, AND THEY KIND OF CAME TO THE SAME CONCLUSION THAT REALLY COULDN'T FIND MUCH OF A REASON FOR IT. SO THEY ACTUALLY STRUCK THAT CONDITION OUT FROM THE PERMIT IN THAT MEETING AS PART OF THE MINUTES. SO SO TO ANSWER YOUR QUESTION, YEAH, AS AS OF TODAY, UNDER THEIR CURRENT PERMIT, THERE'S NO REQUIREMENT TO CLOSE ON SUNDAYS. OKAY. AND THEN ONE OF THE REQUIREMENTS WE'RE LOOKING TO IMPOSE IS TO OBTAIN A BUSINESS LICENSE TO EACH SEASONAL EVENT. AND SO WOULD THAT BE EVERY TIME THEY HAVE A SEASONAL EVENT THEY GET A NEW LICENSE. SO EVERY YEAR THEY'RE GETTING TWO LICENSES FOR ONE FOR HALLOWEEN AND ONE FOR CHRISTMAS, RIGHT? YEAH. SO THE THEY WOULD GET THE ONE FOR THE. SO EVERY YEAR THEY'VE GOTTEN A BUSINESS LICENSE FOR THE, THE CRAZY CORN MAZE FOR THEIR FALL EVENT. BUT YEAH, IN THIS CASE, IT WOULD BASICALLY BE TWO EVENTS. SO THEY WOULD HAVE THEIR FALL EVENT AND THEN THEIR CHRISTMAS ONE. AND THAT'S THEY HAVE TO RENEW THAT LICENSE EVERY SINGLE YEAR. RIGHT? CORRECT. OKAY. YEAH, IT WOULD BE A SEASONAL LICENSE. THANK YOU. MR. ALLEN. I, I'VE LEARNED A LOT GOING THROUGH THIS. AGRITOURISM IS NOT A WORD I'D HEARD BEFORE THIS, BUT WHAT I'M CURIOUS ABOUT IS GOING THROUGH WEST JORDAN CODE AND SEARCHING FOR THAT DOESN'T POP UP ANYWHERE, DO WE? WE'VE TALKED ABOUT SIMILARITIES TO TEMPORARY USE PERMITS. WE'VE TALKED ABOUT M1 ZONE, WE'VE TALKED ABOUT AGRICULTURE, NOTING THE AGRICULTURE AGRITOURISM IS NOWHERE IN THE CODE. I STRUGGLE A LITTLE BIT WITH HOW TO LOOK AT THE PROPERTY AND THE USE AND BALANCE EVERYTHING. COULD YOU MAYBE TALK JUST A LITTLE BIT? DO WE HAVE ANY PLANS TO ADDRESS AGRITOURISM WITHIN THE CODE AND OUTSIDE OF THAT, SHOULD WE BE LOOKING THIS AS AN M1 ZONE OR AS A TEMPORARY USE, OR AS WHAT? YEAH. SO THERE'S REALLY NOT A DEFINITION FOR AGRITOURISM IN THE CITY CODE OR, OR REALLY A USE FOR THAT MATTER. SO WHEN THIS WAS ORIGINALLY APPROVED, THE, THE TEMPORARY USE ORDINANCES REALLY DIDN'T EXIST AND THEY TENDED TO RUN TEMPORARY USES LIKE SNOW SHACKS AND FIREWORK STANDS AND THINGS LIKE THAT THROUGH A CONDITIONAL USE PERMIT. AND SO THAT'S BASICALLY HOW THIS ONE WAS APPROVED. SO I THINK IN THAT SENSE, IT THE INTENT IS PROBABLY MORE GEARED TOWARDS A TEMPORARY USE. IT'S JUST THE MECHANISM IS KIND OF CARRIED OVER FROM YEARS PAST, IF THAT MAKES SENSE. WE CAN, YOU KNOW, UNDER UTAH LAW, THERE'S PROTECTIONS FOR AGRICULTURAL OPERATIONS RIGHT NOW. THERE HAS BEEN FOR DECADES, YOU KNOW, I CAN LOOK INTO THE AGRITOURISM AND SEE IF THAT INDEED NEEDS TO [01:05:05] BE ADDED TO OUR CODE. THE ZONING HAS BEEN IN PLACE FOR DECADES, SO I DON'T THINK THERE'S ANY REASON TO DOWN ZONE THIS AT THIS POINT, YOU KNOW, BECAUSE IT'S STILL A FUNCTIONING FARM. AND THIS DOES OCCUR IN UTAH. BUT IF YOU GO MY DAUGHTER USED TO LIVE IN THE MIDWEST AND THIS AGRITOURISM IS REALLY, REALLY QUITE RAMPANT THERE. BECAUSE THAT'S THE WAY SMALL FARMERS SURVIVE IN THESE THIS DAY AND AGE, AND PARTICULARLY IN THE MIDWEST. I'M NOT SAYING THAT'S THE CASE IN UTAH, BUT. BUT IT IS. I THINK IT'S AN INTERESTING THING IN WEST JORDAN TO HAVE. IT'S, YOU KNOW, I'VE LIVED HERE MY WHOLE LIFE AND IT'S PART OF WHAT WEST JORDAN ALWAYS WAS. IT'S JUST AGRICULTURE AND THERE'S NOT A LOT OF IT LEFT ANYMORE. UNFORTUNATELY, IT'S BEEN, YOU KNOW, DEVELOPED AND BECOME A PRETTY, PRETTY SUBURB COMMUNITY. AND SO I THINK, YOU KNOW, AGRITOURISM, I HADN'T THOUGHT ABOUT IT UNTIL I HEARD THE APPLICANT TALKING. AND I, I REALLY BELIEVE THAT THAT'S PROBABLY WHAT IT IS, YOU KNOW, UNDER UTAH LAW. AND I KNOW GOVERNOR COX HAS REALLY BEEN PUSHING TO PROTECT THESE TYPE OF USES IN THE. BUT I'LL LOOK CERTAINLY AND SEE IF WE NEED TO ADD ANYTHING TO THE CODE AND THEN BRING IT BACK TO THE COMMISSION. IF WE DO SO, THERE IS ACTUALLY A DEFINITION IN UTAH CODE FOR AGRITOURISM, WHICH OUR CODE USES THE STATE CODE DEFINITIONS IF WE DON'T HAVE ONE OTHERWISE. SO. AND IT SAYS AGRITOURISM. THIS IS UTAH CODE SECTION 70 8B-4-5 12. IT SAYS AGRITOURISM MEANS THE COMBINATION OF AGRICULTURAL PRODUCTION WITH TOURISM TO ATTRACT PARTICIPANTS FROM THE GENERAL PUBLIC TO AN AGRICULTURAL ENTERPRISE FOR THE ENTERTAINMENT, RECREATION OR EDUCATION OF THE PARTICIPANTS, AND THEN AGRITOURISM ACTIVITY MEANS AN ACTIVITY AT AN AGRICULTURAL ENTERPRISE THAT A PARTICIPANT ENGAGES IN OR OBSERVES. FOR RECREATION, EDUCATION OR ENTERTAINMENT. SO IT SEEMS TO BE AN ACCURATE TERM THAT EXISTS UNDER STATE LAW. OKAY. ANY OTHER QUESTIONS FOR STAFF? OKAY. THIS HAS BEEN NOTED AS A PUBLIC HEARING. IF YOU'RE HERE TO SPEAK ON THIS ITEM, YOU'LL HAVE THREE MINUTES. JUST COME UP TO THE PODIUM AND STATE YOUR NAME. GOOD EVENING. MY NAME IS JULIE BARFUSS. YOU GUYS ALL HAD THE BENEFIT OF GETTING MY VERY LENGTHY EMAIL. YOU DIDN'T. I'M SORRY. SO I ONLY HAVE THREE MINUTES, SO LET ME JUST HIT THE HIGH POINTS. BUT I DO LIVE ACROSS THE STREET FROM THE CORNFIELD. I WOULD SAY I HAVE THE MISFORTUNE OF BEING. WHEN YOU GO DOWN THAT STREET, I'M AT THE END. SO MY HOUSE HAS A VISUAL TO THE CORN MAZE FROM MY FRONT DOORSTEP. SO WITH THAT, WE DO EXPERIENCE A LOT OF NOISE. I CAN HEAR THE MONSTER MASH EVERY OCTOBER IN MY BEDROOM. WE'VE HAD TO PUT A FAN IN SO THAT WE CAN SLEEP ON THOSE WEEKEND NIGHTS WHEN IT GOES. SO THAT IS ONE OF MY BIG CONCERNS. BUT MOSTLY I JUST WANT TO HIT THREE TOP POINTS. AND I KNOW YOU TALKED ABOUT THE SUNDAY USE. I JUST HAVE TO GO ON WITH WHAT I KNOW AND THAT IS THAT IT HASN'T BEEN OPEN ON SUNDAYS AND THE STAFF REPORT HAD IT AS A STRIKETHROUGH. LIKE THAT WAS A CHANGE IN MY UNDERSTANDING OF THE CITY CODE IS THAT WHEN THERE IS A CHANGE UNDER CODE 1376, THAT YOU HAVE TO JUSTIFY THE REMOVAL OF EXISTING CONDITIONS ON THE RECORD. SO THAT'S WHY I WAS QUESTIONING THAT THAT REMOVAL OF SUNDAY. AND SECOND, THERE IS NO NOISE ORDINANCE COMPLIANCE REQUIREMENTS ANYWHERE IN THE CONDITIONS LISTED THAT I COULD FIND. AND AGAIN, THE STAFF REPORT CLAIMS THAT THE NEIGHBORHOOD IS ADEQUATELY BUFFERED BY A SIX FOOT WOODEN FENCE AND MATURE TREES, AND I WOULD SAY THAT MAY BE TRUE FOR SOME OF MY NEIGHBORS, BUT AGAIN, IT IS NOT TRUE FOR ME. AND I ALSO DON'T KNOW THAT A FENCE AND TREES REALLY BLOCK THE NOISE. SO I WOULD SAY THAT BUFFER IS NOT WORKING. SO WITHOUT AN ENFORCEABLE DECIBEL LIMIT THAT IS MEASURED AT THE RESIDENTIAL PROPERTY LINE, THERE'S NO MECHANISM FOR NEIGHBORS OR FOR PEOPLE IN THE NEIGHBORHOOD TO SEEK RELIEF WHEN THERE IS AN ISSUE. AND MY THIRD POINT IS JUST THAT THEIR OWN LETTER OF INTENT STATES THAT THE EXPANSION IS ACCEPTABLE ONLY IF NOISE, LIGHTING AND TRAFFIC IMPACTS ARE NOT MATERIALLY INCREASED. AND IN MY OPINION, A WINTER LIGHT SHOW DEFINITELY IS A LIGHTING IMPACT MATERIALLY BEING INCREASED, SPECIFICALLY BECAUSE I CAN SEE IT FROM MY [01:10:01] HOUSE. AND SO THAT IN AND OF ITSELF DOESN'T MEET THEIR OWN STANDARD. SO I'M NOT ASKING YOU TO SHUT DOWN THIS 25 YEAR BUSINESS. I APPRECIATE THAT PEOPLE ENJOY AGRITOURISM, IF YOU WILL, BUT I AM I MEAN, I WOULD LOVE IT IF YOU DENIED THE EXPANSION, BUT ESPECIALLY I WOULD JUST ASK TO MAKE SURE THAT WE ENSURE THE SUNDAY CLOSURE. I THINK THAT THAT IS SOMETHING THAT THE NEIGHBORHOOD WOULD APPRECIATE. I WOULD ALSO LIKE TO HAVE AN ENFORCEABLE NOISE LIMIT AT THE PROPERTY LINE, AND I WOULD ALSO LIKE TO ASK FOR SIGNAGE AND A TRAFFIC STUDY, PERHAPS BECAUSE YOU CAN SEE IF YOU LOOK AT THAT MAP, THAT THE LEFT TURN TOWARD THE CORN MAZE IS MORE THAN 90 DEGREES. IT'S AFTER YOU GO OVER THE UTA TRACKS AND I WILL MISS THAT TURN. THEY TURN INTO THE NEIGHBORHOOD AND THEY USE MY MY DRIVEWAY TO TURN AROUND. I TYPICALLY HAVE TO TURN OFF MY RING NOTIFICATIONS THE ENTIRE MONTH OF NOVEMBER, AND ANYONE WHO KNOWS ME WILL TELL YOU THAT I CELEBRATE WHEN IT RAINS, AND I CELEBRATE WHEN HALLOWEEN IS DONE, BECAUSE IT REALLY HELPS. THANK YOU. ANYBODY ELSE HERE TO SPEAK ON THIS ITEM? HI, MY NAME IS LETICIA LAWLESS. I LIVE FOUR STREETS OVER FROM HER AND I CAN HEAR THE NOISE FROM MY HOUSE, SO I DON'T KNOW, LIKE SHE SAID, WHAT THEY CAN BE DONE FOR VOLUME CHECKING, BUT ON THEIR WEEKENDS WE CAN HEAR IT FOUR STREETS OVER. SO. THANK YOU. MY NAME IS RANDY HUSBAND AND IT'S EASY TO APPROVE SOMETHING WHEN YOU DON'T LIVE NEARBY. I UNDERSTAND THAT WHEN YOU LIVE NEARBY, HOW WOULD YOU LIKE TO HEAR SCREAMS FOR SIX WEEKS, DAY AND NIGHT? JUST CONSTANT SCREAMING THROUGH THAT CORN MAZE. LITTLE KIDS JUST WAILING NONSTOP TRAFFIC NONSTOP. WE HAVE COUNTED AS MANY AS 30 CARS DRIVING DOWN OUR STREET AND TURNING AROUND ON ONE GIVEN NIGHT. AND I WOULD JUST IMPLORE YOU TO PLEASE DENY ANY EXPANSION. DON'T MAKE US SUFFER WORSE. THANK YOU. ANYBODY ELSE? AND THERE'S STILL NOBODY ONLINE. OKAY, WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE COMMISSION FOR COMMENTS AND OR MOTIONS. I'D LIKE TO INVITE THE APPLICANT UP TO ADDRESS THE PUBLIC CONCERNS. OKAY. THANK YOU. AND I APPRECIATE YOU TAKING THE TIME TO COME AND AND SHARE YOUR FEELINGS AND EXPRESS THOSE TONIGHT. WE HAVE NOT BEEN AWARE OF AN ISSUE WITH OUR NOISE. LIKE I SAID, WE PASSED ALL OF OUR INSPECTIONS WITH THE COUNTY. WE'VE DONE AUDIO CHECKS. WE MAKE SURE OUR SPEAKERS ARE AT THE PROPER LEVELS. I DON'T KNOW WHAT TO DO TO CONTROL OUR PATRONS AND THE NOISE LEVEL THAT THEY BRING, BUT WE CERTAINLY HAVE PUT FORTH EFFORTS TO TURN OUR SPEAKERS IN, IN, IN A WAYS AWAY FROM THE RESIDENTIAL AREA. I'M HAPPY TO DO SIGNAGE. MOST OF OUR TRAFFIC DOES ENTER THROUGH OLD BINGHAM HIGHWAY, WHERE THERE'S A TURN SIGNAL THERE, THEY'RE ABLE TO TURN LEFT INTO OLD BINGHAM HIGHWAY AND THEN RIGHT INTO OUR ENTRANCE, WE. WE WOULD BE HAPPY TO CLOSE THE ENTRANCE OFF 40TH WEST. IF THAT'S HELPFUL. WE CAN KEEP THAT GATE SHUT. THAT WAY THEY CAN ONLY ENTER THROUGH OLD BINGHAM HIGHWAY. WE'RE OPEN TO SUGGESTIONS. THEY'RE HAPPY TO PUT SIGNAGE TO ENCOURAGE TRAFFIC TO TURN THE CORRECT WAY AND ENTER THE CORRECT WAY. WHATEVER WE CAN DO TO BE HELPFUL THERE, FOR SURE. WE DEFINITELY WANT TO BE GOOD NEIGHBORS AND DO WHATEVER WE CAN TO TO MITIGATE THOSE CONCERNS. CAN YOU TALK A LITTLE BIT ABOUT THE ACTIVITIES THAT WOULD GO ON DURING THE WINTER FEST? LIKE WHAT, WHAT SORT OF NOISE AND EXCITEMENT WOULD YOU EXPECT OUT OF THE PUBLIC DURING THE WINTER ACTIVITY AS COMPARED TO THE FALL ACTIVITY? SURE. I THINK THAT IT WOULD BE IT'S GOING TO BE A MUCH MORE MELLOW BECAUSE IT WOULD BE MORE FAMILY ORIENTED. WE'RE NOT GOING TO BE DOING ANYTHING HAUNTED OR HALLOWEEN THAT WOULD CAUSE THAT TYPE OF SCREAMING. OUR MOSTLY DISPLAY, WALK THROUGH, LOOK AT LIGHTS, ENJOY THE MUSIC AND LIGHTS, SYNCHRONIZE THROUGH A [01:15:02] WALK THROUGH, SHOW OTHER AREAS OF MORE DISPLAYS. WALKING THROUGH IT. IT'S SIMILAR TO WHAT WE HAVE NOW, BUT A CHANGE OF THEMING. SO INSTEAD OF HALLOWEEN LIGHTS, CHRISTMAS LIGHTS INSTEAD OF SCARECROWS, SNOWMEN, THAT TYPE OF THING. IS IT STILL A MAZE? THERE ARE AREAS THAT WOULD STILL BE A MAZE. YES. IN THE CORNFIELD ITSELF WE HAVE PLANS FOR WHERE WE HAVE WHAT WE CALL THE MINI MAZE. WE WOULD CONVERT THAT INTO A CHRISTMAS TREE MAZE. SO INSTEAD OF WALKING THROUGH CORN STALKS AND THAT THAT SMALLER PORTION OF THE MAZE WOULD BE WALKING THROUGH CHRISTMAS TREES. ANY OTHER QUESTIONS? I JUST WANT TO ASK ONE. THE ONE COMMENT WAS THAT IT'S REALLY BAD ON THE WEEKENDS. DO YOU GUYS CHANGE YOUR VOLUME VERSUS THE WEEKDAYS VERSUS THE WEEKENDS? WE HAVE NOT ALTERED OUR VOLUME FOR PER NIGHTS OF OPERATION. IT REMAINS CONSISTENT. OKAY. AND YOU MENTIONED BEFORE THAT YOU'RE NOT ANTICIPATING DOING ANYTHING ON A SUNDAY OR GO OUTSIDE OF WHAT YOU HAD DONE, CORRECT? YEAH. WE DON'T ANTICIPATE OPENING ON SUNDAYS. THANK YOU. CERTAINLY. JUST TO MAKE A NOTATION TO WEST JORDAN, CITY DOESN'T REALLY HAVE OR DOES NOT. MONITOR THE THE NOISE PART OF IT THAT IS DONE THROUGH THE SOLID COUNTY DEPARTMENT OF HEALTH. AND THEY HAVE THE RULES AND LAWS IN PLACE FOR THAT. SO IF THAT IS AN ISSUE THAT IS AN OPTION FOR YOU GUYS. AND, AND I WOULD INDICATE THAT OUR CITY CODE AND SECTION 5-1-4 AND 5-4-1 FULLY. ACCEPTS ALL OF THE COUNTY HEALTH DEPARTMENT RULES INCLUDING BUT NOT LIMITED TO THE COMMUNITY NOISE POLLUTION CONTROL. SO EVEN THOUGH ALL OF THOSE COUNTY HEALTH DEPARTMENT RULES FOR NOISE ARE FULLY IN EFFECT CITY WIDE ALL THE TIME, AND AS THE UPDATES COME THROUGH, OUR CITY CODE AUTOMATICALLY INCLUDES THE UPDATES. AS YOU INDICATED, WE JUST DON'T ENFORCE THEM THAT THE COUNTY DOES. RIGHT. AND PART OF THAT REASON IS FOR THE DECIBEL METERS AND STUFF LIKE THAT, WHERE THE DEPARTMENT OF HEALTH ACTUALLY DOES KEEP THAT TYPE OF EQUIPMENT IN PLACE. SO. ALSO, JUST TO LET YOU KNOW, WHEN IT COMES TO CONDITIONAL USE PERMIT, THE COMMISSION HAS PRETTY LIMITED FUNCTION. OUR JOB IS TO MAINLY MODIFY OR I SHOULDN'T SAY MODIFY, MITIGATE ANY. ISSUES THAT COME ABOUT, BUT IT DOESN'T NECESSARILY MEAN WE HAVE TO MITIGATE EVERYTHING OR CAN MITIGATE EVERYTHING. WE DO THE BEST WE CAN, BUT OUR HANDS ARE PRETTY MUCH TIED. IF YOU WERE HERE FOR A LITTLE BIT OF THE TRAINING, THAT'S KIND OF WHAT WE WERE EVEN COVERING A LITTLE BIT EARLIER BEFORE THE MEETING. SO JUST TO KIND OF CLARIFY SO THAT YOU UNDERSTAND WHERE OUR WHERE WE'RE COMING FROM AND OUR AUTHORITY COMES FROM. OKAY. THANK YOU. OKAY. ANYBODY WANT TO MAKE A MOTION? MR. ANDERSON? I'M NOT I'M NOT SURE THAT I'M READY TO MAKE A MOTION YET, BUT I DO WANT TO TALK A LITTLE BIT AMONGST THE COMMISSION. SO I LIKE THE FACT THAT THE APPLICANT IS WILLING TO DO THE SIGNAGE AND HELP WITH THE PARKING AND CLOSE OFF THE GATE SO THAT PEOPLE ARE COMING IN AND OUT, YOU KNOW, ONLY THE PROPER WAY TO MITIGATE EFFECTS ON THE NEIGHBORHOOD. I THINK THAT IF WE WERE TO APPROVE THIS, I THINK WE SHOULD INCLUDE THOSE AS ADDITIONAL CONDITIONS. SO THAT THAT MITIGATES AT LEAST THE TRAFFIC EFFECT ON THE NEIGHBORHOOD. AS FAR AS THE AS FAR AS THE NOISE IS CONCERNED, I THINK THAT I THINK THAT THE RESIDENTS NEED TO CONTACT SALT LAKE COUNTY AND AVAIL THEMSELVES OF WHATEVER THEY CAN GET FROM THAT, BECAUSE SALT LAKE COUNTY SHOULD BE ENFORCING THAT. BUT THOSE ARE SOME THOUGHTS THAT I HAVE. COMMISSIONER ALLEN AGREED. THIS IS ALWAYS THE. THE HARD PART, RIGHT, IS BALANCING INTERESTS AND MORE THAN LIKELY THE. THE. IT IS MEETING SALT LAKE COUNTY HEALTH. JUST FROM WHAT I'VE HEARD AT LEAST. AND THEN HAVING BEEN INVOLVED IN THOSE KINDS OF SITUATIONS BEFORE, THE HARD PART IS JUST BECAUSE IT'S MEETING SALT LAKE COUNTY HEALTH CODE ORDINANCES OR LIGHT ORDINANCES DOESN'T MEAN YOU CAN'T SEE THESE THINGS RIGHT OR HEAR THEM. AND I MEAN, IT'S THE SAME KIND OF THING AS IF MY NEIGHBOR DECIDED TO PUT ON A [01:20:03] RADIO IN THE BACKYARD. I CAN'T DO ANYTHING UNTIL AFTER THE DESIGNATED TIME PERIOD, AS LONG AS IT'S HITTING A CERTAIN DECIBEL RATING AT MY PROPERTY LINE. SO IT'S DIFFICULT FROM THAT ASPECT AS AS THE HOMEOWNERS ON THE OR THE RESIDENTS AROUND THE AREA. ANYWAY, ON THE FLIP SIDE, I LOOK AT IT, I SAY IT IS A BUSINESS AND IT IS ZONED AND SOMEBODY HAS THE RIGHT TO USE THEIR PROPERTY. AND SO I'M TORN ON THAT END BY THINKING, WHY DO WE EVEN HAVE 150 DAY LIMIT ON HERE? IT FEELS LIKE THIS OUGHT TO BE JUST A CONDITIONAL USE UNDERNEATH THE TABLE THAT SAYS, THIS CAN BE DONE WITHIN A PARTICULAR ZONE. I DON'T SEE THIS AS ANY DIFFERENT THAN THE THE BALL BASEBALL TRAINING THING THAT WE TOOK A LOOK AT A COUPLE OF WEEKS AGO. SO I, I STRUGGLE BETWEEN THOSE TWO CATEGORIES. AND I THINK ULTIMATELY I JUST, I HAVE A HARD TIME BECAUSE I'M NOT EXACTLY SURE HOW TO DESIGNATE THIS WITHIN THE ZONE. WELL, IS IT AN ALLOWED USE IN THE ZONE? I MEAN, THIS IS AN ARENA EVENT THAT I MIGHT CALL IT ACTIVITY. IS IT ALLOWED IN THE M1 ZONE? NO, THERE'S NOT REALLY A SPECIFIC CATEGORY FOR IT. SO THAT'S PRETTY MUCH WHY IT'S BEING TREATED AS A TEMPORARY USE. THE AGRICULTURE USE OF THE PROPERTY IS MORE OF A LEGAL NONCONFORMING BECAUSE IT'S BEEN THERE SINCE LONG BEFORE THE M1 ZONE WAS ESTABLISHED. SO. SO M1 DOES NOT HAVE OUTDOOR RECREATIONAL EVENTS AS A AS AN ALLOWED USE. IT DOES. IT'S MORE THROUGH A CONDITIONAL USE. OKAY, SO IT IS IT'S ON THE CONDITIONAL USE ALLOWED SCHEDULE. OKAY. ALL RIGHT. THAT HELPS FOLLOW BACK TO THAT AGRICULTURAL BECAUSE IT WAS THERE BEFORE THE M1 WAS ZONED. SO IT WOULD BE GRANDFATHERED IN AS AN AGRICULTURAL ZONE. YES. BUT SINCE THEY ARE IN M1, THE ACTIVITY THAT THEY'RE DOING IS ALLOWED WITH CONDITIONAL USE IN M1. SO I EITHER WAY, I AGREE WITH YOU. YEAH, IT SEEMS LIKE THEY HAVE THE RIGHT. I LOOK AT IT BECAUSE THEY'VE BEEN THERE BEFORE. IT WAS ZONED AS AN M1. BUT YOU'RE RIGHT. EITHER WAY IT STILL FOLLOWS THOSE. YEAH, I DON'T ACTUALLY THINK IT HAS ANYTHING TO DO WITH AGRICULTURE THOUGH. I MEAN, I REALIZE IT'S SET UP IN A FARM, BUT IT'S NOT AS IF THEY'RE GOING THERE TO LEARN ABOUT FARMING. RIGHT? SO, SO THIS IS I MEAN, THIS IS LIKE AN, AN OUTSIDE FUN PARK IN MY OPINION. BUT IF SOMETHING LIKE THAT IS ALLOWED IN THE M1 ZONE UNDER A CONDITIONAL USE, THEN I THINK IT IS PROPER TO, TO BE HERE AND DISCUSS IT. OKAY. SO, SO I, I WOULD BE WILLING TO MAKE A MOTION TO APPROVE WITH THE ADDITIONAL CONDITIONS THAT THEY CLOSE THAT GATE ALONG. I'M THINKING IT'S 40TH WEST SUCH THAT ALL TRAFFIC FLOW IN AND OUT HAS TO BE ON OLD BINGHAM AND THAT THEY PUT UP THE PROPER SIGNAGE TO DIRECT TRAFFIC FLOW. SO THOSE WOULD BE ADDITIONAL CONDITIONS I'D LIKE TO SEE ON IT, BUT I'M. WHAT? WHAT ABOUT HAVING IT CLOSED FOR ENTRANCE? BUT IT'S OPENED AT THE END OF THE NIGHT SO THEY CAN JUST FOR EASE OF ACCESS OUT. I DON'T KNOW IF THAT'S A POSSIBILITY. ONE WAY IN, ONE WAY OUT. COULD WE ADDRESS THAT? CAN I JUST EXPLAIN BECAUSE I THINK YOU'RE MISUNDERSTANDING THE TRAFFIC PROBLEM. THE PUBLIC HEARING HAS BEEN CLOSED. I'M SORRY. OKAY. NOW, WHILE THE PUBLIC HEARING HAS BEEN CLOSED, I, I WOULD BE WILLING TO MAKE A MOTION TO ALLOW THE RESIDENTS TO ANSWER SOME QUESTIONS. SO I MOVE THAT WE DO ALLOW MISS BALFUS TO COME AND ANSWER SOME QUESTIONS THAT WE HAVE. YOU'VE MADE THE MOTION. DO WE HAVE A SECOND ON THAT? MR. THAT'S TO REOPEN THE PUBLIC HEARING? NO. IT'S JUST SPECIFICALLY TO ALLOW MISS BALFUS TO COME UP. YEAH. NEEDED TO REOPEN THE PUBLIC HEARING. I AGREE, IF YOU'RE GOING TO OPEN THE TO ONE COMMENT, YOU PROBABLY OUGHT TO OPEN IT TO ALL. SO REOPENING THE PUBLIC HEARING WOULD BE THE THE MOST PROPER WAY OF HANDLING THAT. OKAY. THAT'S FINE. WHICH IS STILL MOVE. WE OPEN THE PUBLIC HEARING. OKAY. WE HAVE A MOTION TO REOPEN THE PUBLIC HEARING AND A SECOND FROM COMMISSIONER ALLEN. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY. WE HAVE ONE OPPOSED, COMMISSIONER AKER. SO WE WILL GIVE YOU AN ADDITIONAL THREE MINUTES. I JUST WANT TO MAKE SURE YOU UNDERSTAND THE TRAFFIC PROBLEM. IT'S NOT ABOUT THE GATE. WHEN WHEN THERE'S HEAVY TRAFFIC AND PEOPLE ARE TRYING TO GET TO THE CORN MAZE, THE LEFT TURN LANE APPROACHING THE UTA TRUCK STOP GETS VERY BACKED UP PAST SMITH'S AND PEOPLE THINKING THEY'RE GOING [01:25:05] TO THE CORN MAZE, GO STRAIGHT AND GO AROUND THAT LEFT TURN LANE AND THEN THEY CANNOT TURN. AND SO THEN THEY HAVE TO FIGURE OUT HOW TO TURN AROUND AND COME BACK. THAT'S THE PROBLEM. SO IT'S NOT ABOUT THE GATE, THAT'S ALL. I JUST WANTED YOU TO UNDERSTAND THAT. THANK YOU FOR THAT CLARIFICATION. OKAY. ANYBODY ELSE WOULD LIKE TO SPEAK AGAIN? OKAY. WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AGAIN AND BRING IT BACK UP TO THE COMMISSION FOR FINAL RESOLUTION AND OR MOTIONS OR MORE COMMENTS. I KNOW THERE WAS A LITTLE SARCASM IN THAT, BUT. I'M OKAY WITH THOSE. BUT EVEN I MEAN, I'M OKAY WITH EITHER LEAVING THOSE GATES CLOSED OR OPEN. IT SOUNDS LIKE CLOSING THE GATES DOESN'T DO ANYTHING TO MITIGATE THE TRAFFIC PROBLEM. AND SO LEAVING THE GATES OPEN IS PROBABLY SAFER. SO I WOULD AGREE WITH THAT ALSO. SO I WOULD NOT ADD THAT AS A MAYBE THE SIGNAGE. SIGNAGE. YEAH, BECOMES A LOT MORE IMPORTANT AND PROBABLY THE DIRECTION. AND IT SOUNDS LIKE THE APPLICANT IS MORE WILLING. AND WE CAN MAYBE ADD THAT AS A CONDITION, WHICH WOULD MAKE SENSE. YEAH. AND IF THE COMMISSION DOES END UP ADOPTING THAT ADDITIONAL CONDITION OF APPROVAL, JUST IF YOU COULD JUST I KNOW IT SHOULD GO WITHOUT SAYING, BUT PLEASE SAY IT JUST TO COMPLY WITH OUR CITY SIGN ORDINANCE, WE CAN'T HAVE OFF PREMISES SIGNS AND THINGS LIKE THAT. RIGHT. SO IF THEY ARE TO PROVIDE SIGNAGE, IT JUST NEEDS TO BE IN COMPLIANCE WITH OUR ORDINANCE. OKAY. AND DOES THAT NEED TO BE ONE MORE THING? WHAT DO YOU WANT THE SIGNS TO SAY? I WOULD SAY YEAH, DIRECTIONS AND SAY CORN MAZE OR. YEAH, BECAUSE I THINK THAT SEEMS LIKE TO BE THE BIG ISSUE IS PEOPLE ARE MORE, MORE OF A DIRECTIONAL SIGN, A DIRECTIONAL SIGN BECAUSE. SO IF YOU'RE JUST IN THE CONDITION, SAY IT MEETS MEET ALL WEST JORDAN CITY SIGN ORDINANCE AND THE APPLICANT WILL PROVIDE DIRECTIONAL SIGNS TO MITIGATE TRAFFIC ISSUES. AND THEN ON THE NOISE, I WOULD PUT A CONDITION OF APPROVAL THAT THEY NEED TO COMPLY WITH ALL SALT LAKE COUNTY HEALTH OR NOISE ORDINANCE REGULATIONS. OKAY. IS THAT NOT IN THERE ALREADY? IT'S IT'S NOT. NO. OH, OKAY. I SAW I MEAN, I SAW PART 16 THAT SAYS THAT THE USE MAY BE REVOKED UPON FINDING THAT THE USE IS A NUISANCE OR DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE. THE NEIGHBORHOOD. I KIND OF ASSUMED THEN THAT THAT, YOU KNOW, INCLUDED THE POSITIVE OF THAT, THAT YOU ONLY GET IT IF YOU'RE IN COMPLIANCE. BUT YEAH, I THINK WE SHOULD MAKE THE AFFIRMATIVE CONDITION. YEAH. BECAUSE LEGALLY IT WOULD THEY HAVE TO FOLLOW THAT THOSE NOISE REGULATIONS REGARDLESS. BUT I DO THINK SINCE YOU'VE INDICATED THAT THERE IS A DETRIMENTAL EFFECT OF NOISE, I EVEN THOUGH IT'S REDUNDANT, I DO THINK IT'S HELPFUL TO SPECIFICALLY STATE THAT THAT'S A CONDITION THAT THEY FOLLOW THOSE NOISE REGULATIONS. ALL RIGHT. I'M WILLING TO GIVE IT A SHOT. LET'S TRY. ALL RIGHT. CAN YOU PUT THE LANGUAGE ON? OKAY. 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 APPROVE THE CONDITIONAL USE PERMIT FOR THE CRAZY CORN MAZE 2026 EXPANSION, LOCATED AT 8780 SOUTH 4000 WEST IN THE M1 ZONE. WITH THE CONDITIONS AND REQUIREMENTS OF APPROVAL LISTED IN THE STAFF REPORT AND THE FOLLOWING ADDITIONAL CONDITIONS AND REQUIREMENTS OF APPROVAL THAT THE APPLICANT PLACE SIGNS TO DIRECT TRAFFIC. THAT COMPLY IN ALL RESPECTS WITH CITY CODE AND ARE DIRECTIONAL IN NATURE, AND ALSO THAT THE APPLICANT REMAIN IN COMPLIANCE, GET IN AND REMAIN IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING THE SALT LAKE COUNTY NOISE ORDINANCE. SOUNDED VERY GOOD. CAN WE HAVE A MOTION TO. MR. ROBERTS? I WILL SECOND THAT. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, I. ANY OPPOSED? OKAY. THAT CARRIES SEVEN. NOTHING. THANK YOU. COMMISSIONER GONZALEZ. WE'LL MAKE A MOTION THAT WE ADJOURN OUR MEETING. WE ARE ADJOURNED. WE MISSED * This transcript was compiled from uncorrected Closed Captioning.