Planning Commission - Regular Meeting

All right, everybody. We have a quorum and it's 5:15. So, welcome to this edition of the planning commission uh meeting January 20th, 2026. We'll start with the pledge of allegiance. Kent, would you mind leading us in that?

Please join me in the pledge. 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, Kent, and everyone. All right, commission. Um, we could entertain a motion for the approval of the minutes dated January 6, 2026. I'll make a motion that we approve the minutes January 6, 2026. Second motion and a second. All in favor?

I. Any opposed? All right. Next up, um we have some property at 3000 North, 400 West. Can we had two and three together, I suppose? Right. Uh we had a public hearing on this, but we'll do it again tonight. So, refresh our memory.

Yeah. Good evening, Dallas Buckner. Go Civil. Um, this is a property that we brought through. We've already had some discussions in here. Um, this is a newly annexed property came in as annex transition. Um, and we are looking to do a zone change in general plan amendment to um, INM1 light business industrial manufacturing. Um, and so this is the area that's just um kind of on the projection of the airport and uh located on the north side of 3000 North. And based on the um airport zones, there's not uh really a residential component that's allowed um unless you're doing one unit per five acres. Um, and on the general plan, it's currently shown as um I think it's rural rural residential, which loosely translates to um the residential estate zone. So,

so it doesn't work for residential really. Uh it works if you want to do five acre lots,

but um and then our just kind of our thought process on it. There's no imminent and we talked about this in sketch and I think I might have mentioned it when we brought through the annexation but um when you annex into the city and you come into his annex transition it's kind of worthless. You can't do anything. You have to come through and reszone. Um the general plan to the south and southwest is all um areas adjacent to the airport are all already zoned for a similar type zoning. And so we felt like it was where the projection of those airport zones extend into our property um seemed to make sense to us to extend that into this parcel. So

thanks for the refresh, Dallas. Go ahead. Can I just say something? It's my understanding that they're actually the airport is taking that out of the, you know, of that zone. Um, that was the reason that you guys brought it forward before because you could only do one per five acres, but now that they are you guys aware that they have actually filed the paperwork to take that out of the zone.

Yeah. So, I think Don was the one that mentioned it in sketch. Um, where this comes in is annex transition. We want to do something with it. Um, and the I I know that this parcel right here to the west of us, which is still in the county, is getting developed with storage acre storage units. And so that'll be an industrial use. Um, this is a I think it's a major collector. It's a 75 or a minor arterial. Um, and so I in the future if the land owner decides that and the city does go through or the airport or whoever and changes those zones and you could go to a higher density residential, um, then maybe we revisit it and zone it at that time. But until it actually changes and goes through and I don't know, I mean things happen all the time as far as changes in ordinances or proposed changes and then how those get adopted and how that gets revised is at least I don't understand how that's going to work and what it how it'll all shake out. So, um, but if it does change and you can get higher density and the land owner in the future would like to change it, then I might come back and look at it again. So,

so if I could comment as I

um, as far as any changes to those airport overlay zones, I I don't think that it's a given that any change will happen. We've had a number of meetings with the county on that. the those the the push to change it was coming from one particular member of county staff who has since retired. Um his uh his uh replacement is not nearly as keen on trying to shake up those airport overlay zones. Um and there's a big process that'll need to go through before that would ever happen, including coming to you guys. So I don't think any, as far as I know, nothing has been filed. I don't know who it would be filed with because it's not the FAA who decides it. It's it's a local um issue that we um decide. There are certainly federal guidelines on it, but uh but that that's a process that has been discussed, but it's far from a sure thing.

Thank you, Kent. Any other questions or comments? Uh you just have one neighbor there. Is that I guess that's a farm or a home or a farm? Who knows what it is? I think this is a home. And then I don't I don't know if this is the same ownership. Maybe Ken, could you click on both of those? Is it the same? It is. So Ash and Ash. It should be both. Um both of them. Oh, there's an Ash. If you go look at it, it looks like it's all one. Like the driveways in and the way they handle it is it seems to be one. I imagine he's aware of what you want to do.

Yeah. I mean, they get they get noticed. And I I don't I haven't driven out there and looked at but just looking at this aerial image that almost looks like an industrial use outside of the house that's on there. It's a lot of equipment. Yeah. Yeah. Mostly farming, but I'm not sure if all of it is. Okay. And then to the west of them is new storage units. Yep. Y that we're currently fighting with, but that's a different story. Thank you. Any other questions from the commission?

All right. This is a public hearing, so we will open the public hearing for anybody that would like to comment on it. Items two and three. So, anybody would like to speak to those? If not, we'll close the public hearing. city feels okay about this.

I actually wanted to make one comment that I forgot to mention in project review, but since it is a general plan change, but you obviously don't know what's coming in yet, there may have to be modeling at that time if you know depending on what's coming in. Um, and also the other thing I wanted to bring up was Don had mentioned some kind of buffering between residential and industrial, not ever knowing what could go into that industri or what will go into the industrial after you reszone it. So, just something to keep in mind that he he brought up.

And what does the master plan call for? there. So, so the current general plan for this is residential estate

um which doesn't work real well unless you make it truly estates with 5 acre um uh lots. The uh so so the request is for the general plan to change from that to the light manufacturing and then change the zone or establish the zone. Well, yeah. Change it from annex transition to INM1. Is that was that your question? But so so the county I don't know their their zone whatever they have this currently zoned but well or what it was zoned before we just annexed it. Um I'm not sure exactly what that design designation was, but it's the same zone as this other parcel that they're allowing storage units on which is a good fit for INM1. It was kind of the way we were looking at it. Thank you, Kent. This does um invite a recommendation from us. Does anybody want to make a recommendation or have further comment?

Has the neighbors have been notified, I guess, of the pending change and nobody is here to speak to or against. So, okay. That speaks volumes to me. I I um I'll go ahead and move for a positive recommendation uh on number where are we? Number two that we uh give a positive recommendation to uh change the general plan amendment from low density residential to uh business light manufacturing at 3000 North 400 West. Thank you. We have a motion second. Anybody second? I'll second it. We have a motion and a second by Jay Beaches the punch just a little bit. All in favor?

Any opposed? Nay. Nay. One opposed. Okay. Also, um uh we need to entertain a recommendation motion for number three. Anybody care to address that like we handled? Take it. You did the other one. That sounds like it it goes along with number two. Am I understanding that correctly? And so I'll uh I'll move for a positive recommendation for zone change from annex transition to I I and M1 at 3000 North 400 West. Have a motion and second. All in favor? I

Monday. Thank you. Okay. Thank you. Thanks, Dallas. I just Okay, next um development deferral agreement we talked about earlier but we'll re give an opportunity tonight. Please refresh us. Thank you.

Good evening Jesse Carter. Good to be with you all. So we uh tried to put something a little more clear of what we're trying to do here. So this is phase one of this development here. Um and this is at 4200 West and Center Street. And um we are uh we will be improving everything along this yellow line and our request is that we defer uh everything along this red line that you can see here. And so I don't know if you've been out to Center Street, but um there's plenty width in the road currently to have two cars go by uh for the amount of traffic that it needs to carry. It it seems sufficient currently in our opinion.

Did we talk about that a deferral agreement needs to have a date? for that as far as the trigger. Yeah. So, we put that trigger here. So, the trigger for doing the improvements for where the red line is located will be when the developer develops any of the property south of the red line. The developer will need to do the center street improvements directly south of the area or phase to be improved. I was more thinking of a date just like not to exceed just so that we don't have it forever because what if you never develop it? Then we just if it's not developed, does it need the uh to be improved?

Yeah, it needs to be improved because it's a master planned road that needs to carry the projected traffic. I thought we had talked about that last time. I've missed this one last time, so I apologize. I'm catching up. And we did what you have before you is their proposal. I think in that last bullet point it should probably say um needed to do directly north of the area phase to be improved not south the very last full line. Oh south directly south of the because the area phase you're going to be improving is going to be south of south of center street. Yeah right on the north. So their their idea as I understand it is essentially they do the yellow on the top right now as part of the current phase right

and then the south part which was what red um would be whenever they complete any phase that goes along it that's when they would put in the matching I guess parallel portions of of center street trigger the entire red line or just the portion

the way he's proposing and again this is his proposal this is not necessarily staff's idea it is his that's why we presented it to you as his would be only yes if he's doing you know just to the west the first 200 feet he's only going to improve the 200 feet. Um now the way it would be interpreted as currently drafted and I apologize I was out of the office for medical issues so I didn't get to put this in an agreement last week. Um, so the idea as we do it is that if he tries to do a tiny portion on Center Street and then balloon out, we would count the full balloon out and go immediately north of that and that's how far you'd have to improve. So that'll avoid trickery, but it is allowing them obviously to defer. Um, let you know there's two different ordinances this is potentially going to defer. Um, number one is the one that's been in place probably longer than I've worked for the city. Um, and that is 2645A where it says that if you own both sides, which they do, they own the north side and the south side of the street for those portions. They're supposed to complete all of the improvements to center line plus 12 ft. What he's agreeing to, if I understand it correctly, is just a center line, not plus 12. Or does plus 12 still take into the improved? I've never even met

the the center line plus 12 is regardless of the ownership of the other side. with them owning the other side, they have to go all the way to and including the curb and gutter on the opposite side of the road. Can you go back to the map? What?

And Ken's correct. I misstated that. So, yeah, just owning the north part would be center line plus 12. The fact that he owns the part to the south under this ordinance, he would have been required to also do the improvements of the red that's matching it basically. So, if you just follow the yellow line and go straight down, he'd have to do the improvements there. when we added what I usually refer to as the public improvement avoidance ordinance that we pushed through the last couple years, it would require the entire red. So, that's kind of the stages of what he's asking for to kind of give you the history of the ordinance that's there. Um, your question in the end as you make this recommendation to council is, are you okay with any deferral? And if so, what deferrals and what triggers? Is the property north of the yellow line and the property south of the red line

part of the same Is it like same zoning, same project? It is same parcel. Yeah, Jesse, I went out there and just looked around a little bit. By the way, it took me an hour to find Center Street, but when you said you're going to develop Center Street, I thought you'd lost your mind because it was already developed. I had no idea there was a center street out there. Keeps going. But uh u out there pulled out the Onyx app and Diamond Peaks LLC. Is that you guys? No. No, I believe they own just south of here. Okay. So, this area right here that's uh under the red line and above the white line, that's the property you own. Yes. Plus the little piece that's above the yellow line. Yep. And then it comes down here a little ways.

Okay. Is it a high density? Yeah. So, it's this. I see. L. And I guess my question is if that's going to be developed, why are you asking for a deferral? Well, just given the current market, we want to develop this first phase now, but we'll just see how fast that sells and

uh it's, you know, product isn't flying off the charts anymore. And so, but yeah, as soon as this is developed, the plan as of now would be to start on a portion of this. I'm not totally sure. It' probably be either one half, either this half or that half. But in the back of your mind, your plan is to develop it eventually. Oh, yeah. Absolutely. Okay.

Well, we're just planning worst case scenario, and there's no point in putting hundreds of thousands of more dollars in this improvement. um especially when this road is perfectly usable as is. Um in fact, it'll be even wider because when we do this improvement, it'll have to widen and match um this here. Is what you're developing, is it single family kind of stuff or is it like a big like multif family project? So, it's zoned R3M. As of this first phase, it's small single family homes with a twin home right here.

Okay. Um, but yeah, ultimately about 2,000 square foot single family homes to try to kind of match what is going on here. As far as what will happen here, I don't know, but it'll be within the zoning that we currently have. which gives us a lot of options as you know. Yeah, just knowing that the zoning in that area like it's it's probably not going to sit long before you start developing that. So, I'm not as concerned about a time frame, but I also agree it's silly to have to do both sides, especially way further than you're going to do up front before you can even develop the small piece.

Well, the other piece to that, we don't know exactly what this is going to look like yet. And so it'd be nice to develop, you know, if we do this half, do the curb gutter, you know, entries however they need to be coming off this street so we're not doing unnecessary curb cuts and other things that, you know, renovations to this brand new piece that we have to do for for this.

One thing's for sure, though, is you have great neighbors. Can I just ask what's the city's um stand when see how it it fronts um 25 North and Center Street? What did we make these guys do on either side? Was there is there something when it goes all the way through? So when it when we have a through lot or corner lot, we make them do improvements on all streets on which they have frontage. It looks like the north side. Is it already have sidewalks or is that just a It does not have sidewalk. It does have curb gutter. Um sidewalk,

but a lot of that will have to just be cut out because of the driveways that'll come in here. So, this essentially will probably pretty much all get replaced because of the driveways. So, are they going to have entrance into their property from the yellow line? Nope. This would be a That'll be a wall. And we had talked about potentially moving that wall or requesting to move that wall less than the 10 ft, but ultimately just we're not presenting that to you tonight. Station on the corner of it. What's that? We have a lift station on the That lift station that has been removed, right? Yes, that that is where it is. The ar one took over. Correct.

That was nice. So yeah, you you will notice the houses uh at least to the west of there have driveways onto Center Street. We're not quite sure how that happened because they're not legal.

Um so that is the one nice thing of what Jesse's proposing is he's not going to have driveways onto Center Street. Master blind roads like that are not allowed to have cars backing out on them. That can be a dangerous problem. So oops on those what seven lots that we let in. So, thanks Jesse for not trying to copy that part. Um, but yeah, so that's kind of where we're at on that one. And the other thing, by the way, is, and this is always the fun part is you can split this, right? You can say we're okay with deferring it. Maybe we want a different trigger, right? So, you already talked about maybe putting time limit on it. Um, you'll have other ones where sometimes they'll just say, you know, it's a pretty fine line to do exactly just straight north of whatever he develops. Some of that could create some odd situations where say he does the first 200 feet but he doesn't get all the way to 4200 west. So we'll end up having a road that expands for a little bit but doesn't actually expand all the way to an intersection.

So you could always propose that too and say we're okay with a deferral on the red but we think whichever way he comes in from the west or the east he needs to finish those improvements up to and including 4200 west. At least that way you've got a full width kind intersection coming from one side. Center Street will continue on to Newcastle or Quitup. Wherever it goes. Yes, there's Quitup on the way. Right down into the lake. Boat ramp. Boat ramp. It's planned to go to at least 5700 West. Yeah. And then it'll eventually kind of connect up to the east as well in a roundabout way. We need a marina here in town. Yeah, we do. I think we need more water before we marina.

That's not a very deep lake. If I could also point out, there's a water line that we've been in touch with the um building department on that we're not requesting a deferral or anything on that really we don't necessarily need for this, but we're just trying to help the city in their need for extending this water line. So, we're having to put in an 8 inch water line, but we're actually the city is is paying for the upsizing

upsizing up to the 12 in. Um, but that's not something that we're trying to defer or have an issue doing even though we don't necessarily need it for this. So, we're we're trying to help the city out there. If I could point that out.

Okay. And you've heard my take before on deferrals and development agreements. I'm always nervous on these because enforcability later is difficult. Um this one at least we'd have that whole portion of property wouldn't be able to use until that's there. Um but again, my biggest fear is tying it too closely to each little section. Um if you go that route, he finishes one part and then decides to not finish it later or turn it into a farm or what do the Levits do half the time? throw in some sheep and just call it a green belt. Green belt. That's what that is.

Um, so you could end up with something that sits there for 30 years because, you know, Jesse's plan on it needs to wait because the economy does something. Um, it may not matter if he's not developed anything to the south because that's already the way it is. But if he develops portions of it but not others, we could end up with a pretty weird hodge podge. Um, so that's all I ask you. If you give a deferral in the development agreement or at least a thumbs up recommendation, tie it as best you can to avoid too much peacemailing. I like the idea of having to go to what is that 4200? Yeah. Yeah. The whole yellow line. Yeah. like

like happen to go to 4200 whether you come from the east or the west and then maybe once you start that red line you have five years to do both halves of it or timeline that part instead of when they start the red line at all so it's not just pundit develop an agreement and yeah it would go with the title and tracking is difficult because we could stop any new building permit from coming into that area if it's not finished, but that requires engineer time and effort to keep that on GIS and staffed and that kind of stuff. Um, it can be difficult if you have too many things to keep track of.

But I do think it's a little unreasonable to have to do both sides, especially when they probably won't even be the same like product and like it's I feel for you on that part. However, if you develop it all all at once, doesn't that isn't that built into the value of what you eventually build and sell it for? So, you're saying if we if we finish those improvements, then it it increases the value of the property overall. Absolutely. Also, increase the cost to the consumer. We already did six. Whoever buys the property, you're they're going to have to pay. Well, that's a given.

They do anyways. the consumer will have to pay the cost anyway, but if you invest it now, I mean, do you think the cost of building that road's going to go down? It's hard to say. So, that's a gamble, too. But, yeah, I'd bet that it goes up and make that just part of the investment overall strategy. Yeah, I mean we could build more homes quicker if we didn't have to do the red line improvement, you know, was kind of our thought because it would just slow down because we'd have to

sell a couple of homes to recoup that cost. So it it would slow it would slow the yellow down, the phase one down. To me, they're probably not going to be doing the same thing on both sides. So it just feels like a big upfront cost to finish this little tiny piece right there. But I I see nothing but advantages to you for doing both sides other than cost. I understand the cost. I get that. But I also see the the improvement with resellability with, you know, what you can charge and with future development

and with the neighborhood improvements. I just see nothing but positives other than, you know, the upfront cost, but it's going to cost anyway eventually. and and I I think the world of you and your family, Jesse, but I I just think it's uh needs to be done all at once. So, that's the way I'm feeling. This red this red line, if you develop that down through there, that's going to be a wall up against Center Street because they can't have access to Center Street with they can have a street access. They just can't have a driveway backing out. They have driveway. So, yeah. So you'd probably have, for example, the easiest one is 4200 would just continue through and then that would split out into a subdivision. That's not a guarantee, but that's a simple way you could do it to meet it down.

You could potentially have a couple of other streets. You know, we'd be really grateful if they lined up with the streets that are there. Absolutely. So, Mr. Chairman, could I make some comment on this? Thank you.

The uh as far as from from the engineering staff perspective, we it's we don't believe that there should be a deferral. I'll just put it that way. We would not recommend any deferral. However, if a deferral is given, we would we would recommend only deferring what's west of 4200 West. Um so, they would build full width and then and then just taper the pavement in west of 4200 West. the rest of this would would get built. Um would be our recommendation if you do choose to defer. Um the other the other thing is if you do choose to do any deferral, we would strongly recommend against um the wording that uh oh, wrong thing. Here we go. the wording in here on this last um paragraph about only doing the part directly north or south or however you're wanting to look at your north and south um of the phase to be improved because that that basically just takes our public public uh improvement avoidance ordinance as Randall referred to it off the table in the future and I don't think that that's the right thing to do. Um, so I don't think you should you should uh include that. If you do choose to do any any uh deferral or to recommend any deferral to city council, I would strongly recommend against against that. I would uh basically delete all of that right there. Um but that's uh so that would be the the recommendation coming from engineering. I guess if I could push back a little bit on um the comment made of improving the value, Center Street is already a road right now that can easily be used um even without the improvements that we'd be

doing along that yellow line, which will just make it wider. Um, and so I don't necessarily think from a real estate standpoint it would make it appear more valuable having now a is that a 65 foot road? Yeah, under our current standards the rightway with the 66 ft. It's a major collector roadway,

right? So buyers are not going to like to see that large of a road behind their home because it just screams people are going to go really fast down this road, which they inevitably will. You widen a road and now people that are used to going 25 are going to go 35 or 40. And so I think that's one thing that you open up with finishing that road before it really needs to be finished is you're going to have a lot of cars driving fast um for that half mile of pavement.

Yeah. I mean from those Iron Hawk town homes to the mountain shadows turnoff um people are going to go fast down that road. So, I would just be cautious there that, you know, there's kids walking to that what is my empty field currently. Um, and you're just opening it up for danger with

people driving faster than they should on a on a road that really doesn't need to be 65 ft right now. So would a win-win be doing what Kent suggested if we defer offer the deferral or do a positive on that up 242 west would that be put the map back up Kim and I'm if we could measure just to answer Wayne's question from here to this um here I mean how how long of a length is that anyway? Okay, the pavement's exactly a half mile right now

according to my odometer. And then this is just a small section of that. So you're talking basically there to there probably turn off I would imagine

about a quarter of a mile. 1332 1360 is a quarter mile. So yeah, it's about a quarter mile. Yeah. So, I'm not saying we don't want to develop it, and we will eventually, but why why make it bigger when you don't need it bigger? Why require us to pay a couple hundred,000 more to do that now when we could invest that in building more homes for more people, improving the city quicker? I would dispute the notion that was mentioned earlier about the road being uh plenty wide as it is for the current purposes. It's not. It's very tight, especially when you encounter pedestrians and kids on their bicycles and everything else. It is really tight.

Um so I I I think that this really needs to be improved. The part right there where they are is the narrowest portion of the whole road. even when you get the improvements on the north side, it will still be the narrowest portion of that whole stretch through there. Um, I just wanted to mention that the uh the water line that was mentioned, that's not something that the developer is just offering out of the goodness of their heart. It's required because that is a water line that's on the master plan, right? But my point was we don't need that waterline for this phase here. And so is that is that a correct statement, Kent?

I think it's a correct statement that this current phase of your development won't utilize that line, but it's not something that you're putting in to help the city out. You're putting it in because it is a requirement of the master plan, right? But it's it's not a need for this phase is my point. Jesse, do you know what the current width of the asphalt is on that narrow section that he's talking about? So, the the part that's just south of the yellow, that's clearly the narrowest part of all of this. You look at street view and it looks pretty narrow. Do you know what the width of the current asphalt is?

Maybe we could zoom in on the GIS and measure that there. Hard to see. Nobody can see the asphalt. Well, enough. Yeah, it's it's hard to tell from that where the asphalt is, but I I drive that on a very regular basis since I live out in that area and it it's tight. Would you say that you go slower because it's tight though? Not that he speeds up. That's like saying we should just build the freeways slower so everybody goes slower and there won't be any fatal crashes. No, that's I that's not

build it wider. I would not agree with you that that's any kind of benefit to leaving it narrow. Inevitably, it will be wider, you know, so we can't keep it narrow forever. And I never ever weigh in on safety because I think that's a tough hole to fill. But I do agree with the cost and and if we could have it just go to maybe even on the south side of the road just to 4200 with a time frame on the rest, I would be more than happy with that. But I feel also feel I might be in the minority.

So what staff is suggesting is that this portion of it from here to here should be developed to the full width and then it could taper down. Um that that's what we would be most comfortable with if you wish to grant um any or recommend any type of deferral. Can you do a Google Earth street view? Are you there by chance on Center Street? I did actually. I would tend to agree with K. It looks like it chokes it down pretty good. Maybe back up.

That's kind of nasty.

See, there's the there's the beginning of it. You just stop just short of it. Oh, you can sort of see it. Even even from the other end, let me jump in over there. As you approach that area, it gets it definitely narrows up as you as you go to the east side. You're on the west side of 4200. This is going to be Yeah, right here we're sitting. So, this is 4200 West right here. So, yes, this as you when you get to that portion, it narrows up dramatically from what it is in front of these homes where the driveways are coming out onto the street currently. Yes, it does.

And it doesn't look like you gain much on the north side of the road as far as where the asphalt already is. I know there's plenty of blame to go. Correct. Yeah, it would be a minor amount of widening of the asphalt, but not not much. You're correct. What's the distance going west from 4200 west to where your property ends? How much more would that be? Does that make sense? I'm asking there's 4200 west to to where that first phase ends. Yeah. From here to here. What's the distance there?

We could go back to that GIS. So now I can't remember where. Oh, there it is.

Can't get it out of the way. Hang on. Basically other direction is what you're asking, Wayne. Is that I thought you're asking this direction. 630 ft. So that part what would uh end up being deferred would be roughly 630 feet. The other way the part that they would be constructing would be about just under 700 feet 690 from this point right here. 630 and 690.

So 630 to the west and 690 to the east. So that would be doing 690 worth and leaving out 630 close to half and half. I would add as you develop further to the west or to to the um north and west to that center street, the street that leads in the mornings and in the afternoons to school for parents, you know, so and and that's that's fairly heavy traffic.

It's not the only street they use, of course, but it does go there. You're talking 4050 West here that goes up to the front of the school. Yeah. Yeah. Center to so out to the west it just becomes a and I'm not sure where people go in the back of like Iron West if they come that way to the school or if they go through a 4500 and come around probably a sum of both. Well 400 where probably more 4500 because of the direction the school has the traffic flow. But all those Iron Hawk ones probably go yeah center street. Hey Jesse, how fast are you going to develop the uh other side of this

the south side of center? Mhm. It just depends on how fast we can sell these ones. Um we probably wouldn't even consider starting this next phase until we're at least 50 to 75% sold on phase one. Any idea how long that would be? Um be optimistic. Well, who's the listing agent going to be? Me or Jennifer? Uh, yeah, that that's going to make a big difference, guys. I'm just kidding.

Well, I was just wondering if you if you build that into the timeline. I mean, I'm all for helping entrepreneurs. I mean, I'm building things myself right now, and I understand the costs, but maybe, you know, maybe we do something like develop both sides of the road up to 42nd Street and give you a 5-year deferral on the rest. That would that align with my opinion, that kind of Kent said he would go along with that as a minimum, right? I think you're a very honest person. your whole family is. But that's really hard to enforce. I think the fiveyear

Yeah. trigger. Yeah. Deferral. Like I'm not super that cuz you're going to development agreement. I think that's really hard to I said that's that's going to be your key. The five-year part would be very difficult without the council will, you know, willing to let me go after and put a lean on your property, which I don't know how likely that is. Maybe we'll get a meaner council in the future, but we haven't yet. Um, a lot of times the triggers that are easier to enforce are next phase of subdivision, next building. You can put the five years in. Just know that the real trigger will probably likely be when he goes to pull another phase. Yeah. So, we can do not to exceed.

Could we do something like, you know, upon the next phase of development not to exceed five years or something like that? That way you've got two triggers, but you also have a deadline. Yeah, you can do both. Just know the easier one to enforce is the is the subdivision and building side, but you can always add the other one in. It's just harder to deal with. Yeah, we'll figure it out. Let's do this. Um, while you marinate in our thought of articulating a recommendation, uh, it is a public hearing, so let's open the public hearing. Are either of you here to speak to this?

I am. Thank you. Thanks for waiting. Thank you. I just I'm here for information only. And then obviously I don't carry a lot of weight. So could you say your tell us your name? Oh, I'm sorry. Tim Heimsoth. I am uh I own 4212 which is evidently the the the driveways that are into that end on to uh sorry to tell you that center street.

So I love my house and everybody on their street loves it. It is a residential area. I just don't I was hoping that you would at least continue on with residential area in that block and also across the street keeping it a residential area. I realize that further down the line um where you've got that big block wall on the center, it's ugly as hell and it's also dangerous because you can't see kids on the on the sidewalk. Now, there is a sidewalk there, but it's it's

Anyway, it's just not I'm looking for the My apologies. the U I'm looking for making sure that it stays residential and that it's doesn't go to duplexes or highrises or or uh or um what am I trying to say here? Um um multifamily. Yes. Like you guys did further down uh in that new area. That's already what it's zoned for is for multif family. Was it? No. Yeah. Like it is terrible. You

Yeah. Your whole neighborhood is actually zoned that way. That's just not all lamp light and all. Yeah. So R3M is still residential, but it is the highest density residential we have short of right around the college. Exactly. And I just don't see I would not prefer not to see higher density. Not that I'm going to change anything here. So If you can bring up a map and Yeah. Is that where the old pump house is? Was Yes. Right here. Okay. Yes. So that whole section I own that lot right there on the corner. Right.

Okay. So you're 100% surrounded by high density on all directions. Okay. So on the new the new area that's being built now heavily all those apartments are they also homes? Yeah, that was already zoned that way. Yeah, it's R3. Yeah, brown. Yeah. Okay. And there's still 10 acres on the other side of the road.

Yeah, there's plenty. In fact, we've I've got in-laws that are building over there. So, I understand. And I guess what I'm trying to say is I'm here just to make sure that the uh the area that my house and the area around is single valid single valid homes. And it appears it is, although if he said right, uh, that there's a a larger house going under that property and then single properties. Is that correct? You're going to do a twin home and then everything else is

2,000 square feet. Yeah. Anyway, my Well, thanks for hearing me out. Yeah, thank you for commenting. Yeah, I don't think we're not in a position to change that unless somebody requests it, but because it's already high density. Uh but chances are they'll do something that fits into the neighborhood as best they can. So, I take it you're not going when you do start building houses, your driveways are going to be focusing on the 25. 25. Correct. West. Yeah.

So I was our houses were inadvertently allowed to build the other way. Correct. That's why they put in home because it's called Emmer Hammerhead driveways. Oh yes. That is why. Yeah. Okay. A lot you can do about that. I guess if we pick the houses up and turn them around. That's a very expensive. I just don't want to see it. You suggested that and Jennifer said the city won't do it. They won't.

Yeah. I just don't want to see that the whole the whole area turned into u apartments and and duplexes. It just it's too many people on that road. Looks affordable. Excellent. Thank you very much. Fair thought. Thank you for your Thanks for taking the time to come and chat. You bet. Appreciate it. appear like I've got enough uh backing. Thank you. Thank you. How about you? Are you interested or did that cover you both?

Okay, good. All right, then we'll close the public hearing and be willing to entertain a motion from the commission if there are no further comments. Jennifer, if you do the recommendation, I kind of like your idea of having the two-phase trigger, but I also like the idea of developing both sides of the road up to 42nd Street, right?

Okay, I'll give it a try. Okay, please go very slowly. I'm gonna get this accurate. I guess it's not really a positive recommendation. It's just a recommendation. No, it's still a positive recommendation. Then you're just going to detail what it is. Change. Yeah.

So, I'd like to make a positive recommendation that 4200 West and Center Street development require the development of the road on both sides, South and North, up to 4200 Street. with two triggers. First would be the development of the is that the north side of the road or the south south

the development of the south side of the road being the first trigger. And when that starts there's a five-year um final to have have that fully developed on both sides of the street. That makes sense. So is that five years from now or five years from when they start to develop? Which when they start the development? What if they don't develop it for 10 years? Oh, then we should all make a we should probably put a different timeline on then. I was just thinking not to exceed not to exceed five years.

Oh, for the for the full. Yeah. So when they start developing it, they'll want to improve it, right? Then they need to, right? You're referring to the yellow or on the south side on the 630 ft that are part of the develop deerment um that we're proposing as a counter as a counter offer. Okay. Real estate coming.

It works. It does. So basically what we're saying is the yellow line and the red line south of it. The yellow line um and then the rest would be deferred. Is that am I understand the red line up to 42 west? Yeah. To the west 4200. So the red line from here to here would not be deferred. Correct. From here to here would be is that do I understand that correctly? That's correct. So and then the trigger Jennifer then would be what upon development of the southside of the southside or five years whichever

happens sooner makes you happy. Okay. So that was like a coionotion right you need to yeah say it's technically Steve's motion. So, do you accept those amendments that she has? I I do. And I think we need to also add some verbiage to what was uh actually in print, right? To delete something from that. You wanted what your motion is is kind of replace those. So, you're good. Okay. That's my motion. That's my and I'll second. We have a motion and a second. All in favor? I. Any opposed? Nay. Nay. I'm sorry. Who said nay? I said nay.

Mr. Decker said I I Love you, Jesse, but I I think it all be done at once for the neighborhood. Okay, so Jesse, timeline from here, we'll try and get it published and get on the council agenda. Probably with the second one now or we maybe we'd be able if I'm more efficient this time, we might be able to get you to the first two meetings in February. Jesse, get with Jennifer and sell the heck out of them. I'll just have Jennifer list them. Yeah, thank you. They sell twice as fast. Thanks for not offering that before they All right. Thank you everybody.