Planning Commission - Regular Meeting

Yes.

You can.

We're all set.

Okay. Hi, everybody. Welcome to the June 10th, 2026 Planning Commission meeting. Commissioner Jenkins, Commissioner Mendenhall, Commissioner Woodward and myself, Vice Chair Patterson. I'm absent tonight. We have Commissioner Jorgensen and Commissioner adams and adams and commissioner of care pardon and commissioner care care well yeah chair care chair care we miss you mason okay so chair care is gone and so i will fill that role tonight and just give a short little um thought and my thought tonight is actually about all of the junk mail we've been receiving. Kind of slandering other people and spreading false information or taking a truth and making it really, really thin. And first of all, I don't think it's a great way to run a campaign. But secondly, it's our responsibility as citizens to find out all the information and to find out the truths and meet the people or meet the people who have been investigating it. I would just like to stress the importance of that, knowing what the positions are, who's running, and what their true values are, and who's backing them with money. Because I see a lot of that that's not so great as well. So be informed. And then I will offer a prayer as well. dear heavenly father we are grateful to be gathered in this capacity tonight as planning commission for the city of centreville we're grateful for this opportunity to serve we thank you for it we thank you for the beautiful blessings of living in this country and being able to make good choices and help good people get into office. We ask you to please bless all of our servicemen and women who are serving our country and protecting us at this time. We thank thee for them. We thank thee for all of our blessings, and we pray that we'll have a good meeting tonight, a good training, and we say these things in the name of thy son, Jesus Christ, amen. Amen. Please stand for the pledge.

with liberty and justice for all.

So tonight we have business items which basically just include our training. And Mike, are you spearheading that?

Yes, at least to start off. So let me just try to find some, okay. So as you're probably all aware, I think I've informed you in the past, we have to get four hours of land use training annually. And even the state of Utah recently, I think I noted with the most recent legislative session, even ratcheted tighter some of these trainings. So there may be other topics that we'll cover, but both Lisa and I will cover, I'll cover a land use topic and then she'll cover an annual conflict of interest discussion, brief discussion. And then you've had your open meetings email sent to you and all complete your certificate it seems like so that's good so we're trying to get on top of all of our training and show the state of utah that we understand and um even there's there's some things again about how we how planning commissioners the appropriate decorum so in future uh probably meetings we'll briefly even bring up some of the state code and some of those changes about a proper and appropriate decorum i guess there's other planning commissioners in other cities that have tried to steer or guide project outcomes in ways that may the legislature have some concern and so they even tighten up language tighter about that behavior as a result. That's the best thing I can say about it. So that all being said, for the purposes of land use training tonight, our focus is on subdivisions. I have put a copy of the document in the packet. You can see there. And it says shortened because there was some old state code that was attached to it that I've redacted that is not relative to this. But in order to start this conversation, I did some quick video investigation or collection. And I've had Sydney pull those all up. So I want to show each of these brief clips, because they're good primers of what we're going to go into and talk about as we review this document. And these are produced by the Luau Land Use Association of Utah, I think, is what it stands for. Land Use Academy, that's it, of Utah. That's what it stands for. So the first video that I provided is LUDMA. And she'll explain what LUDMA is. These are very short clips, but I think they give us a good basis of where to start. So I'll see if you'll go ahead and start that one.

A LUDMA. Not this, but this. The Municipal Land Use Development and Management Act, AKA LUDMA. The bottom line, it is the state law for land use. All cities, towns, and counties need to know and follow it. That is why you are watching these wonderful videos.

So it's real short, but the thing is there, it does say Title 10, Chapter 9A. That has actually turned to Title 10, Chapter 20. That was one of the recodifications last year. So just note that. The entirety of Ludman land use codes are found in Title 10, Chapter 20. Okay, so the next one, go ahead and, yeah, this is land use ordinances. So here she'll briefly talk about, again, I'm just trying to get some basic definitions. So go ahead, Sydney.

A land use ordinance. A land use ordinance is the written law, duly adopted by the local legislative body, that regulates land development in a community. Each community's land use laws are unique, and each community has significant flexibility, within state law, to adopt land use laws that fit their community's needs. The bottom line. A land use ordinance means a planning, zoning, development, or subdivision ordinance of the municipality, but does not include the general plan.

So that lives inside the LUDMA, the land use. The land use ordinance, the structure of the architecture that we're allowed to work within as cities is defined in LUDMA. And then obviously, which we all know, but just for review purposes, the legislative authority being the city council further defines and improves codes that then give us direction following state code and what we're allowed to, as far as our flexibility, utilize and apply to decisions that are then made by this body and the city council where appropriate with certain land use things. So. Most times land use these days is administrated by the planning commission and staff. There was a time obviously where city council was more involved but that's become less the situation in today's day. So let's go ahead and go on to the next one which is land use authority.

A land use authority. A land use authority means a person, a board, commission, agency or body designated by the local legislative body to act upon a land use application. Or, if the local legislative body has not designated to another person or party, it is the local legislative body itself. That delegation can be just about anyone. Different land use decisions can be easily delegated to different land use authorities. A local government has flexibility to do what works best for them. Just write it down. The bottom line, it is anyone who has been designated by the council in writing to take final action on a land use application.

And I want to add to her definition, or by state statute. That's a further wrinkle on it because there's new direction as to how land use authorities are designated by state statute and governance. But for the most part, that's correct. So again, in many cases, you may act as a land use authority on certain decisions. Even staff can act as a land use authority, depending on how it's delegated either by the legislative authority or even by the state of Utah. OK, let's go ahead and go to subdivisions now.

A subdivision. A subdivision is any land that is divided or proposed to be divided. That can mean the division into two or more lots. It can also mean parcels, sites, units, or plots. And it may be to offer, sell, lease, or develop that land either now or in the future. the bottom line. A subdivision is how we must correctly divide land in Utah. There are both legal and illegal subdivisions of land. There are also lots of special inclusions and exclusions and rules that apply to this term. So be sure to check our state code LUDMA for the full definition.

Sydney, can you scale that back where she listed all the different terms that are part of a subdivision? Do you know what I'm talking about? I thought this was interesting in her video. And it's something that we even deal with as planners right there. So those terms, if you ever see any of those terms, they are all subdivisions in theory. And when I say in theory, as we process them and then we eventually record them and memorialize them, those terms are all subdivisions, okay? So take note of that. And then will you scroll forward a little bit as well? A little bit more. And all those things... OFFER SELL LEASE DEVELOPER AFFECTED BY THOSE OTHER FOUR TERMS THAT ARE ALL SUBDIVISION ITEMS. SO THERE'S A LOT THAT'S INVOLVED WITH THE SUBDIVISION. AND SOMETIMES IT'S NUANCED TO WHERE WE'RE LIKE, WELL, I'M NOT SURE THAT'S SUBDIVISION. WELL, IF IT'S DOING THOSE FOUR THINGS BEFORE AND IT LEADS TO THESE KIND OF BEHAVIORS, THEN IT IS A SUBDIVISION BEHAVIOR. SO THAT'S JUST A GOOD STARTING PRIMER. So that being said, let's jump into then the document. I know this document is older, I know it's dated 2007, but I love this section of documentation that I've had over the years in this career field. As some of you may remember, some of you, I don't think were on the planning commission when I brought the first two or three of these through, there's a series of six of these. And they were all done through the, I think it was the Center of Public Policy and Administration in the University of Utah. And they're really good documents, and I've used them throughout the years, and for the most part the information is still sound. So what I've gone through and done is I will discuss specifically elements of the article, but hopefully you'll have a chance to read over it as well and be able to distinguish what is applicable in today's environment versus 2007's environment. The one thing I thought was kind of fun as we look at the background right about where Cindy's cursor is, The concept of subdivision and subdivision regulation was established with the Standard City Planning Enabling Act by the US Department of Commerce all the way back in 1928. So subdivision regulation has been a part of cities' planning and a device used to, as it says, independently achieve limited ends. In other words, it's a way that allows governmental and public interests to be protected and utilized when dealing with development and developmental ideas that come forward by a developer or a development group. So that's where the authority started and obviously over time it's grown. And so we regulate subdivisions. I wanna go to, let's see, this is where I wanna go. So the reason we regulate subdivisions is obviously to get a developer to the table, to talk about things that are of interest to the community and also not put any future homeowners or the public surrounding a development at risk of decisions that the developer might otherwise make. so um in we scroll down just a little bit right there um so the cost it says these costs had to be passed on to the individual homeowners through special assessments meaning when there were situations that had to be corrected the only correction that the city has after a developer leaves is through the form of special assessments which then becomes a special tax burden for neighborhoods that probably should have had services established at the time of the development in the city and the developer didn't work out a solution to a problem. Many of the original owners lost their homes because they were unable to afford the additional expenses. In other instances, the community covered the cost through its general property tax even though the majority of residents derived no benefit from the development. So it's talking about a scenario where the government has to correct a mistake and isn't able to and has to make a tough decision. So the reason we try to do good subdivision development is to avoid that scenario. I guess that's what I'm trying to highlight. Then I like this next paragraph. It says, it has been held by some courts that the recording of a plot is a privilege rather than a right, which is interesting. Therefore, after passing ordinances based on the state enabling statutes, a state or local unit government may use its police power to establish various conditions and standards, related to site development as a condition of approval for subdivisions. Without approval, the subdivision cannot be legally recorded. What I find interesting in there is the government is using its police power to protect the welfare of the community and the future residents. It's an exercise of that. And that's why we can do it. Because governments are established primarily, first and foremost, for police powers, right? Then it goes on and it talks about how As we're working through development and responsible subdivision application processes, we need to be careful about how we go about doing that so that we're not restrictive or excluding certain groups of people that otherwise would be able to or want to come into the community. So there's a brief discussion about this under exclusionary regulations. Will you scroll down to that, Sydney? So it says, care must be exercised to avoid standards that are so restrictive that they exclude certain income or socioeconomic groups. There are zoning subdivision codes that have been designed purposefully to accomplish such, and exclusionary is the wrong word there, so such results. If standards are found to be exclusionary, they are subject to serious legal challenges and will be likely to be found unconstitutional and invalidated. So there has to be a care or concern that the reason, again, we're doing it is within the area of police powers. That's, I guess, the point. that there's not special interest or identification of needs that the community is pursuing relative to certain decisions when they're discussing a subdivision and the application of subdivision standards or codes. So that's just a caution there. It says here, the Land Use Development Management Act, like I said, our current code now is Title 10, Chapter 20, Part 8 in the 2026 code. that is where you'll find the actual subdivision language. And then under that, I think it's section or part nine, it talks about applying then LUTBA. So that's all I wanted to hit on with that. Okay, so let's move on to page, let's move on to briefly, let's just, let's see, adoption, amendment, subdivision ordinance, right there. So we receive authority, as I've already discussed, through LUDMA, through the state of Utah, that local governments are able to implement standards that are in their best interest. And further, an extension of what we do, or I guess our interaction to officially legitimize a plat is through recording with the county. So the direction from the state is that counties are the authority that do the recording. We do the approval, record the county, and it legitimizes the document. That's really the nature of those. Let's move on to court approval. So right here, I like these two paragraphs. Courts have sustained the constitutionality of subdivision regulation with a variety of dicta. Subdivision regulations are considered important for the maintenance of property tax records and land titles and protects against questionable land marketing. As a practical matter, much subdivision regulation is treated as bargaining process between the developer who needs certain city services and the city government that wishes high standards in development. Such bargaining rarely results in court actions. I think that's an interesting statement. If we're all above board and we're working together with appropriate vision within the confines of the codes we have established, then the court challenges don't have to exist. And the courts have more often than not supported the constitutionality of subdivision ordinances when applied correctly by city governments on developments. So that is also something to think about. If we're doing it within the correct bounds in terms of what our established subdivision codes and standards, there's no grounds for a suit to, I guess, fail. How do I say this? There's no grounds for the city to lose in a typical scenario as long as we are following our ordinances. I guess that's what I'm trying to say. Subdivision regulations and required improvements. So now they're going to go into with the article what is good subdivision regulation and expectation. So subdivision regulations may differ in the type of improvements required in the design standards depending upon a number of factors such as the size of the community, the extent and density of urbanization, the values of the community expressed in its general plan and other development policies, and the development concept that the community has chosen to follow. The subdivision regulations adopted by communities vary across the country and among the cities and counties of Utah. Some of the more common subdivision standards are described below. The list is not exhaustive. It's provided as an overview. So again, I know it's real basic, and you're like, oh, this is so basic. But the reason that subdivisions have flexibility is for those four bullet points, because every community is a little different. Its size, its composition, how the land uses, the density on the land uses in the community, right? even the very values that are espoused in the general plan and within the community traditions as a whole dictate how subdivision ordinances and land uses is developed in the community. And so that's very key and crucial to remembering. Now, with large and small subdivisions, the enabling legislation allows for all types of developers to have an opportunity to develop, right? So some may only be able to develop Some people, that's all they can afford to develop or are capable of developing. So the state has created opportunities to not have as much burden or hardship on those type of developers so that they have an equal ability to develop in the game as a large developer would. And so that's what this section is talking about where it talks about large and small subdivisions. The specific size distinction that the state of Utah has defined is 10 lots or less technically can be done with a meets and bounds recording by state code. Now we with our own city code do still encourage and in many cases there are other things that require a plot, but by state code technically 10 lots or less is considered a small subdivision. So they're trying to protect somebody who's doing smaller development with that opportunity. And that's what's created that separation. Further, the economic limitations of the small subdividers are a matter for concern, but such concerns should not influence regulation to the point of threatening public health and safety. For this reason, the following are some of the improvements that should be required by ordinance to be provided by all subdividers. So we still have the ability to create a basic standard expectation of what's provided to us, whether it's large or small, but we have to be careful to not unduly burden developers so as to give an advantage to a larger developer versus a smaller developer is the point. And you can see, I'm not going to go over them all, but it's pretty straightforward stuff. You know, monuments, streets, curb gutter, water, sewer, drainage, lighting, and other regulations. It even briefly talks about at the bottom of page nine how oftentimes there will be a need in the community for lines to be upsized. And so that's another reason that the community and a developer should be at the table. A developer may need a size of water line or drainage line that's a certain size, but the city's benefit to have them upsize that. So the city will then participate in shared cost to increase the size for future development that may connect to that development at a later date with the stub roads and other utility needs. So that's something that the cities are always looking at. And that's something I think even the planning commission can look at if you do have a preliminary subdivision come through and there's future connectivity, it's always worth looking at and making sure that the sizing of the lines seem appropriate and adequate, or communication from the engineers evidencing as such, or public works for that matter. All right. Subdivision design standards. This is on the top of page 10. So design standards provide the specific guidelines for the design of the physical improvements in the subdivision. Standards are developed for the purpose of protecting public health and safety, preserving natural resources, and achieving community aesthetic goals. There are typically three distinct types of provisions in subdivision design which relate to the setting in which a subdivision is to be placed and its coordination with the area which is located. So the first one is making sure that we're aware of any highly sensitive environments around a property development area. Wetlands, slopes, high water table, maybe even contaminated soils or instabilities, those sorts of things. That's the first thing that both the developer and the city should be looking at with subdivision standards. Second, compliance with the applicable general plan. So we should make sure that when subdivisions come through that we're doing the check to make sure the general plan, what the general plan is saying about the land in that area. What is the guidance that's being given to staff and the planning commission and whoever else is doing the land use authority review. I like how it says of particular importance would be that the areas that are preserved for future streets, right-of-ways, parks, schools, or key recreation sites, and the preservation of areas for major utility lines. So obviously, as planners, which the Planning Commission is an extension of the planners that are the professional planners of the city, we should be thinking about what will this development do in the long run for the area? How will it connect to it? And I think by extension, This statement has some applicability even to site plans, which was interesting when we most recently did the review with the Salmon Project. I can't remember the name of it right now, but again, thinking about what does that look like for that area as the area develops further to the north and around it into the south? Is this the feel or the expectation that we want for that project area? So I think there is some extension of that concept in the site planning. It talks about making sure that we analyze its coordination with the budding properties. It doesn't take much with a subdivision project to say if there's a naming property that has future development potential or even more so there's a road that stubs here and this project's coming in here and there's a piece of property in the middle, they're not part of a development. And we need to make sure we have the foresight to say, hey, there should be a stub there. that's ready for whatever connection comes through there, especially if a subdivision plan comes through and we don't see it and maybe even staff misses it and the planning commission is like, hey, wait a minute. There needs to be a connection there for a road and future utility connection. So we need to make sure we're always watching for that as well. As has been discussed, these requirements for coordination with other subdivisions in the immediate area for future development may necessitate sizing utilities lines to carry a capacity beyond what would normally be needed for subdivisions being considered um streets let's talk about streets i thought this is really interesting and and maybe some of you are familiar with this but it's still good to know under functional classification generally a municipal or county subdivision ordinance will establish the functional classification of the streets that serve the community the functional classification establishes The purpose and function of all streets and describes each as to whether it is a freeway, major or minor arterial, and major or minor collector or local street. Classification allows the application of standards for such features as right-of-way widths, intersection designs, maximum allowable grades, maximum speed limits, and others. Most local jurisdictions maintain their own manual of engineering standards which guide street design and construction, which we do. This information is generally included as part of the community's master street plan or official map, which it is. You'll see it even in the most recent draft general plan of what the street designations look like, generally speaking. So there are classifications. So if you're not familiar with what they are, they're collectors, arterials, or local streets, typically. And then the arterials and collectors are major and minor. So obviously, a major arterial would be like Parrish Lane. And even a major arterial probably is Main Street. But a minor arterial might be like 400 West, for instance. And then it talks about street design. It just says that we need to make sure we follow the master street plan when we're looking at subdivision design and making sure pedestrian vehicular movement is the best and adequate connection into that and most correct. We already talked about Stub Street. Street numbers and names I think is pretty straightforward. Making sure roads are developed with appropriate public safety in mind for emergency and snow removal vehicle access. Obviously, appropriate traffic calming within and connecting to the subdivision. Let's go ahead and go to this next page. Yeah, so this is an interesting diagram that was provided from West Valley City. You can see on there, it's kind of hard to tell a little bit, but for the most part, you can see how the expressway system would be it's a it's a classification above an arterial obviously it's a freeway highway and then you can see the major arterials connect into that um it would be like that middle it's above the i guess yeah yeah just above that that that's a those are major arterials and then you'll have minor arterials which it's kind of hard to to see the difference between the two on there but Collector street systems are the dotteds, and then the local streets are the little ones that are otherwise connecting in that development right there. And then as you go down, Sydney, that's about a typical cross-section, which we've seen in multiple different, probably submittals of different things, whether it's a subdivision or a land use plan or even the general plan, we've seen cross-sections like that that show what a typical right-of-way would look like and how things would set up within a development area. Okay, go ahead and go down to street design. This one's an interesting one. This shows how West Valley City has tried to evidence what they do and don't like as far as what roads look like and what the distances and the degree angle should be if they were to do them to allow vehicles to move appropriately. Obviously, with an arterial, you're gonna move a lot faster. So you have to have a banked curve so that cars can navigate that at speeds that they're driving and that they can get tighter as you get smaller and smaller and it's easier to navigate at slower speeds. And then obviously a T-intersection is much more preferable than a crooked intersection in all cases. It just works better. The lots are designed more effectively and efficiently in using the real estate and it's safer for people using the roads. All right. And then scroll down a little bit. And then that's interesting too. Again, showing if you have to have an intersection point What are ways to accomplish better intersection development when you have road interactivity on a project area? All right, let's see. Let's talk about lot design briefly. I'm just going to read this first paragraph, and then we'll just cover some elements of it. Another important element of subdivision design is the lot layout. Lot design generally lies upon the talent of the subdivision designer to ensure that the subdivision contributes to the beauty of the community. Careful study of the lot design related to topography and other natural features can contribute to livability and property value. Where lots are larger, there is more flexibility in location of structures and design of lots, but good lotting should by no means be overlooked in smaller or more dense developments. Excuse me. So, lot design, we do have saying that obviously the staff level, clearly we would review that. And I have talked about this yet, but I might as well talk about it. Now we have development review committee that staff carries out every Monday morning from about 10 to noon. So when we have a project come in, whether it's pre-application review or submittal to start getting feedback from staff where they've actually done an application, their project is brought forward and we will either discuss it with the applicant or discuss it internally. When I say we, it's both Sydney and I, Lisa's in there, the city engineer is in there, the public works director and assistant public works director is in there, the fire marshal is in there. and other public works department managers are in there as well, depending on what the interest is. So we have often the street supervisor, the water supervisor, and the storm drain supervisor as well, if there's a need to discuss those in those meetings. So it's a very intense, highly scrutinizing meeting that we have once a week, every Monday from 10 to noon. So we do look at obviously lot designs and utility connections and all those sorts of things whenever there's a project that's being discussed and brought forward. But it's good for you to know, as well as Planning Commission, that if ever you had a subdivision come forward in a preliminary review and you see something that doesn't make sense or feels uncomfortable, clearly say something so we can figure out what it is. We're not always perfect. Even with that many eyes and heads looking at it, we may miss something. So you are kind of a good backstop of the work we do. So let's go ahead and go to that next page. So here again, kind of like I was talking about before with roads, but now subdivisions. The top one shows a poor subdivision design concept. And then as you look a little lower, you'll see better organization where you see more like T's, no angles, better flow, even to the point where they notify there was a lost opportunity for an urban trail on the top one, but then it's been included in the bottom one as a community amenity. So those kind of conversations. We do have to be more careful in this day and age with excising community amenities and subdivisions, but that doesn't mean we can't talk about or ask if there's a way the developer can incorporate community amenities into a project, if it makes sense, such as a trail or a walkway that connects through the community.

I have a question. Why do we have to be so careful about that?

Because you have to be careful to not have it be a legislative taking by the city. like a force where you take their real estate if it's not part of their plan, but you can still negotiate into, right? Hey, this would be a great community amenity for your residents as well as community at large connected to this broader system or this other walking path that's in the neighboring community, right? Those sorts of conversations are very healthy to have. Will you go ahead and go to the next page? And then here you can see, again, suggestions for lot design. They say lot this way, not this in every comparative, which is kind of interesting. I won't go into it too much. And then you can see more lot design of what they typically would see and kind of some features that at the time, again, this is within a time vacuum of 2007. So there are some things that are probably a little bit more appropriate in today's day and age and with our code relative to more lot design. where we do like three easements, public utility easements around every lot, those sorts of things. So like you wouldn't see utility lines down the middle of the rear lots like that as much these days because a lot of times the utility PUE that most utilities want to use is in the front of the property. So that's kind of an antiquated concept, but still interesting. Okay, so you can see obviously these other things are just things that we would look at as part of a lot design, making sure that they're designed with appropriate connections, the appropriate drainage, more and more so. Our storm drainage is under more state scrutiny and expectation with retainage on properties at 90th percentile. So developments these days do start, they are putting storm basins and retention systems on their properties whereas in previous subdivision over a decade ago that wouldn't be required to like it is today. So like a good case in point was Canyon Point where they have a big storm basin that's just off of Parrish Lane. If you drive by you would see that with a spillway coming off of it. And then obviously we talked about community aspects like parks and open space. Erosion sediment control, that is an interesting one. In our city, that would be, it's an erosion control plan and SWPPP expectations at any property. That's always, it's kind of an early stage when they're moving the grading around and they have to put all the, and I guess not just in our community, any community has expectation of the state, but they have to put in all the, i forget what it's called silt fencing around if you look when a project's going and there's dirt being moved around if it's an acre or larger they have to apply for a swip and they have to do an erosion control plan and make sure they have rumble strips and all that stuff to make sure the dirt's not escaping off the property it's not creating drainage issues on neighboring properties and it's not creating other pollutants in the community surrounding it basically Under slope, density, and capability control, that's what our hillside overlay zone does. So when you read over that, I'm not going to read it, but if you are curious what they say about it, that's basically what its purpose is, and that's what our hillside overlay zone does do, is address those paragraphs. Okay, review and approval process. So this is where I tangent from the document, because the document, it talks about, guidance on concept review, guidance on preliminary review, and guidance on final review. Since the time of this document, state code has changed substantially enough to where the process that they're outlining isn't quite the process that we have today or in our city code. So let's talk about where the subdivision ordinances are first if you just want to go and do more research in your own free time. They're in the municipal code in 15.03 is where you'll see concept plans. And concept plans are not necessary. They're not required on the subdivision, but they can be requested So if they're requested the city the city has to oblige a developer who's requesting a concept plan But it's not a requirement the city can make them do as part of the process now and now before Legislation I think it was about two years ago when that happened two or three years ago before that legislation cities could require concept plan We no longer can So now it's if requested. 15.04. No, I got it wrong. Sorry. 15.02 is concept plan. 15.03 is preliminary subdivision. So preliminary subdivision. So 15.03 is preliminary subdivision. The process is an applicant submits an application. We screen the application for completeness. So this is all driven by state code. If it's not a complete application, we reject it and tell them what's incomplete about it, and they have to correct it until it is complete. Once the city deems it complete, it starts its first round of review. So there's two review cycles. They called it a shot clock when it was being all discussed with the legislature. But the first review starts, and we have... And once we verify they have a complete submittal, we have 15 business days to give them back feedback, up to 15 business days to give them back feedback on that first review of whether or not they're compliant. Then we would send them back commentary of what needs to be addressed within that 15 day period. They then have 20 days to work on a response and resubmittal, then it enters round two of that preliminary submittal review, and the same process happens again at that point. 15 days for us to review, provide comments, then they have up to 20 to respond. At that point, it should be ready to go to the planning commission for review, okay? That's when it comes to all of you, if it's ready for that. We only have two rounds of compliance checks. So we as staff have to make sure we're on our game and making sure everything looks really good from a preliminary perspective and meeting all what was required to be submitted. And that's why we have the development review committee meetings, is to make sure that's achieved. At that point, then you would make a determination on the preliminary review. If you made a motion to approve the preliminary subdivision as a recommendation back to staff and to the city, then the applicant can apply for a final subdivision application. And that is governed by 15.04, the final subdivision is. And in the final subdivision, it'll outline, again, all the expectations of submittal and application. And a similar process happens with a little bit of change. So again, the staff will check it for full completeness. and vet the process, make sure everything has been submitted that the code expects. Once it's been verified as complete, then the city will accept it and it'll start again, review one of the final subdivision submittal. This time the city has 20 business days to do a full review of that submittal. It goes back to the applicant, the applicant then has up to 20 days to respond. Then it goes through a second review cycle, 20 days again from staff and the city, 20 days from the applicant. At the end of 20 days, up to 20 days and when they submit, And if it's gone through a second review cycle, that's it. So the city by then better have everything that is expected of code and meet and code, because that's it. The city then is expected to review that and certify that at that point. And the person that would be the final approving authority on a final subdivision is the zoning administrator for the city. So basically, me and my role as zoning administrator would be the final say. And obviously, I would want to make sure that all members of the DRC, Development Review Committee, have said, we're good, before I would ever approve or sign off on that final subdivision. So that is the process from start to finish. Now, 15.09 is the subdivision amendment code. Subdivision, amended subdivision application goes in as a final subdivision submittal, basically. So you will not see, as a planning commission, a subdivision amendment. because it's treated as a final subdivision submittal. And minor subdivisions, which are governed by 15.10, 1510, also come in as a final subdivision submittal. So you will not see a minor subdivision either. And that's how the city code is set up. So that hopefully helps you understand if ever you wondered how this all works, that's how this all works. Behind the scenes, there's a lot going on that I think a lot of residents and people in the community aren't aware of that happen to get a subdivision where it is. Once the subdivision has been accepted for final, then they're guided to go ahead and produce the plat. And then we go through a final plat review. So let's look here. Maybe stop, so let me go back up to page 23. Right there. So once the plat is getting close to being ready, we then go and do the financial guarantees for project completion, which is our performance security called a bond or an escrow. And in here, the things that it says in paragraph two are no longer acceptable. Two of the four are not acceptable forms of what most of these will provide for assurances and security on performance of installation of improvements. The tools that Centerville will allow for performance assurity are escrow and escrow agreements and bonds and cash bonds are the only two forms. The state actually restricts us. It says here 125%. That's no longer acceptable. It's now 120%. So the city accepts 120%. And what that is, is it's the cost of all the utilities that have been established by a cost estimate. Thank you. I couldn't remember the term. The engineer's cost estimate. plus 20% as a contingency amount above and beyond the cost estimate. So at cost, at the time the cost estimate is established, it's this amount, and then there's 20% that's added into there as a contingency that the city has. And then the escrow and the bond are put into the city's name AND THEN OVER TIME AS THE IMPROVEMENTS ARE PUT IN, THE DEVELOPER CAN ASK FOR A DRAWDOWN ON THOSE FUNDS AND THE CITY WILL INSPECT IT AND IF THE ENGINEER SAYS YES, THIS LOOKS GOOD, THEN THEY CAN RELEASE FUNDS OVER TIME. OKAY. LET'S SEE. AND BASICALLY THAT'S JUST THEM SHOWING PROOF THAT THEY'VE INSTALLED EVERYTHING CORRECTLY AND HAVE JUSTIFIED THE CITY'S EXPECTATIONS AND STANDARDS AS FAR AS THE RELEASE GOES. I'm almost done. I'm on the very tail end of it. So let's briefly talk about right there. Let's briefly talk about planning and review and inspection fees and impact fees. So along with the performance security, applicants will be required to also pay for their basically their building permit fees their sub their subdivision or i guess they'd be development related fees um and any other special fees that are required so like um fire hydrant costs i'm trying to think of some of them we require up front water utility costs like connections and water meters those are additional costs are added too And so our city engineer will put together the interest cost assessment plus the fees, and there'll be a grand total that is told to the developer, and they need to pay those fees before the plat will be recorded. So that's the relationship there. You cover your costs, and then we'll go ahead, the recorder will go and record your plat once everything's been paid for. Along with that, we do have impact fees. And the impact fees, I'm gonna read this paragraph because I think it is an interesting statement. The other term is exactions, but we use the term impact fees, but that's what they are. During the turbulent growth period of the 1970s, communities throughout Utah and the rest of the country experienced considerable difficulty in generating the revenues necessary to provide needed public services to the new growth areas. Many local officials realized that it was politically unpopular to exact higher fees or taxes to pay for facilities needed only to serve residents of the new developments. In an effort to accelerate the access to revenue and to augment the inevitable shortfall, Many local governments impose fees or exactions on new development as it occurred. So basically it's just to cover the growth that's generated in an area and you now have to create an impact facilities fee study to warrant and justify all impact fees that are established to show that a developer needs to pay their burden or impact to the community facilities, roadways, et cetera, over time. So with that, the other thing they just show some plat documents. I don't have anything really further, but hopefully that's been a shotgun approach. It took a little longer than I thought it would. So I apologize and appreciate your patience with me, but That's the long and short of a subdivision policy in a nutshell. With that, I'm finished.

Thank you, Mike. And Lisa, you wanted to?

Yes, I thought I would cover conflicts of interest, just so we can get an hour's worth of training in for you. So I think we can do 50 minutes, though. Oh, no, we're at 7.45. OK.

I took too long. Oh, that's okay.

It's okay.

I just have eight substantive slides and six cartoons, so. I like the cartoons.

I'll be honest with you, the internet is kind of being slow, so it's not pulling up. Okay. Let me try to refresh.

What do you want to, oh, do you want to pull it directly from your email?

I don't know if my email will even work, though, because it's not, it's the internet. It's not.

Well, I can start anyway. So my first cartoon has two men in suits. There we go. At the top of a skyscraper in New York. Yeah, this one. It just says, I know the difference between right and wrong, but it hasn't held me back. A lot of truth right there, sadly. Some people get ahead on that, but in government we don't. So just the next one. So we have the Utah Municipal Ethics Act, which covers all municipal officers and employees, and under the definition of officer is the planning commission, any boards and committees. So you're appointed to the planning commission, so you're subject to this ethics act. And under the new statutes that Mike was talking about, the state is trying to get more training for planning commissioners, and this is on the list of, topics that can be covered for planning commission. And I think it's a good one really just to be reminded of these obligations. So the next one I think is just a pretty picture that, you know, sometimes it can feel confusing and, you know, but that's why we think there's always fun ethics questions, you know, on exams. And there's not always necessarily a right answer, but I guess with the Ethics Act, I like to say let's err on the side of caution, you know, because we are, you know, the public is watching. And so once we lose their trust, it's very hard to get it back. So it's just much better to follow the law and the disclosure requirements. Okay, the next one. So the stated purpose of the Ethics Act is really just twofold. The first two bullet points is to say, hey, we want to establish some ethics standards of conduct for the Planning Commission that and this is also for city council and all employees is that you need you need to be aware of your personal interests and your public duties and make sure that those are not intermingling and then number two is to require just disclosure of any actual or potential conflicts so it's wanting disclosure of even potential conflicts and that's where i say let's err on the side of of caution because utah Um, there's, there's a few things in the act that are prohibited, like taking bribes and, you know, releasing private information or doing actions on that. But a lot of the provisions are just saying, you need to disclose your interests before you make a decision on this, just disclose. And we've done that a few times. Like, I just want you to know, you know, this is. I've done some business dealings with this person but it was 10 years ago and I feel like I can be objective in this decision. It takes less than a minute for us to do that and now everybody knows we're above board and so if somebody finds out later and we didn't disclose it, that's when we have more of a problem. Um, but I added two more bullet points and, and kind of what I was talking about is really, we just want to instill some accountability and trust in the whole decision-making process, because actually on administrative decisions, you are the final decision maker. And so we want to make sure that we're being careful. And if this, you know, if there's a subdivision project, obviously, you know, I draw the, if you're right next to the project, you need to recuse yourself. because it would be very hard for a reasonable person to be objective with a development going in right next door now if you're five houses away i still think that's a little close you've got all your neighbors coming to you you know that sort of thing so anyway but again it's it's really just wanting to have that um that trust of the public um and then to provide fair dealings with the public and so that they know where we stand and also know that we understand the law. And if we feel like we have a personal interest that's going to conflict with our public duties in Centerville, we will recuse ourselves. Okay. And then the next slide is just sort of my practical advice. What I like to think of is just ethical awareness. So as you come to these meetings or as you're reviewing the packet, you know, glance at the applicant, glance at the address and, you know, and judges have to do the same thing. Like, okay, have I ever worked with these people? You know, did I ever practice law with them? Did we ever have any adverse interactions? And so, but I think for the planning commission, yeah, like, do I know this person? What's the relationship? Are they family members? Easy recusal, you know? Okay, you'll probably know about it before you see it on here, but I think we had somebody that it was a cousin of somebody. And I think they did recuse themselves because, you know, if your cousin lives in the same town, it's probably, you know, not a distant cousin so I do recommend I think I recommended in that one the recusal but so really just consider what are your personal interests and you know what you're here for is to conduct the public's business so can I be objective and as we said you know avoiding even the appearance oh yeah and consider what you say and how you say it so You know, if you've said, oh, I can be objective. I know this person, but I can be objective. And then they come up here and you're like, oh, well, you know, Johnny, yeah, it's really good to see you. And you know, you've disclosed this, but now obviously you've got a friendly relationship. It looks like you're getting ready to give this person special privileges. Like, oh, I know you. I'm glad you're here. You know, come on up. I even need to be mindful. I try to be very pleasant to developers, applicants, If we've been dealing with them for years, I might wave or smile, but I think some of that does have the appearance of those in the public that have no idea that we've got a years long relationship with these developers. But again, I think we just need to be cautious of the appearance. And yeah, just making sure that we stay out of the news. So we would rather hear about it. And I always say that, I've got a 24-7 open door if you want to call me to talk about an ethical issue or whether you should recuse yourself. I do appreciate that the day before. If you hadn't thought about it and then you come to the meeting, that's fine. We'll just go over it really quickly. usually there's a lot going on right before the meeting and you know we might have some presentations the mics might already be on it's not a great time to give legal advice so if you just want to call me or it might even need some some research but anyway just say hey here's the scenario what do you think if it's pretty simple and you plan on recusing yourself again maybe just a heads up so that we know we have a quorum for particular items you know because if you recuse yourself he won't be able to vote. And my advice is if you do recuse yourself, so just let the chair know, I'm going, I need to state a disclosure and you know, then they'll, we'll turn it over to you. Uh, we'll introduce the item, but then immediately, or well, probably turn it over to you before we enter the item and say, I have a, you know, um, a disclosure to make, but I think I, you know, I can be objective in this situation and then you can stay and vote and have the discussion. But if you're going to recuse yourself and say, I do need to step down, then we recommend that you step down. Some people still sit here and think, oh, I'm not going to talk. But it still has that appearance. So you need to just step away. And one time we had a situation where the planning commissioner or elected official was just sitting in the back. And people later complained that they were giving hand signals from the back of the room. Anyway, in that city, now you have to go completely out of the room where you can't be visible, et cetera. So, and definitely no texting or talking, well, if you've been recused. Okay, so then our next slide, fancy a cup of tea? Let me just check if I can accept. So the bribery guide. I, you know, I don't think we're going to have these situations of bribery, but it does come up where we've had applicants bring their cookies. We've had applicants bring coupons or, you know, and so usually we just, it's, it's especially uncomfortable and awkward when it's the day of, you know, the meeting and that sort of thing. But the act does say that we just can't take bribes or things up to $50, but, So I think we've kind of said, I guess, you know, you can have a cookie, but I think it was good that the planning commission kind of waited until the meeting was over and then we ate the cookies. So I think that was a really good way to handle it. Thank you for bringing the cookies. And then afterwards, Um, we have the cookies. I don't think it changes the appearance because you're still taking the cookie, whether you're waiting for it after you make the decision and that's your reward or you're eating it while you're making the decision. But you know, it's a cookie and we've had somebody that was opening up a kitchen. She brought in salsa. So anyway, uh, we don't encourage it, but I think some of those small things we do, but I think if a developer said, hey, do you want to go out to lunch, and you've got a big decision in a week, we'd say, no, please don't go out individually and go to lunch with them, that sort of thing. But the prohibited conduct slide, these are really the four things that Utah law prohibits. whether you disclose or not these are unlawful so you cannot disclose or improperly use private controlled or perfect protected information acquired as part of your duties as a planning commissioner planning commission we rarely go into closed session but if we maybe went into closed session with the planning commission and said hey you know we're thinking about this piece of property and you know we just want the planning commission's input or or there was a lawsuit you know if you use any of that information or disclose it you're violating a number of laws the open and closed meeting act as well as the ethics law Um, and number two, so I, I reorganize these in order of priority from the statute, but number two, you cannot use your position to further your own personal economic interest. So this would be the one where you live, you know, down the street or you own a vacant lot and this subdivisions coming in and it's, you know, or maybe it's a commercial development and it's going to be great and increase the value of your property. It's really hard to be objective when you. stand to make some money off of something. So those are the ones where we just say, let's not participate in that. And number three, you cannot use your position to secure special privileges for yourself or others. Now, sometimes staff, we joke about this one, like, oh, that sounded like a special privileges comment under our breath at some meetings. But this is kind of the one where you just be cautious how you say things, but you know, you really can't use your position to gain special privileges for people. And this is where if you're trying to protect a certain neighborhood or something outside of what our ordinances say, that's actually, you know, giving more credence to this neighborhood or something, then, you know, now I'm saying if, if the ordinances allow that kind of discretion, but if you're going outside the code and providing special privileges, um, I think that one, I don't know, it just appears to come up more often than others. And then finally, you cannot receive, this is the bribe clause, you cannot receive or accept a gift or economic benefit that would tend to influence impartial discharge of your duties or reward you for actions taken. So you have to give all of those terms meaning. So you can't accept the gift or benefit if it would tend to influence you and or reward you for an official action. But I like to just stop at the beginning, just don't take a gift or economic benefit. Because you at that point, you already have the appearance of it. Okay, so the next cartoon is this is the one just representing, you know, disclosing private confidential information. But like I said, rarely are we discussing those things with the planning commission, but it would mainly be a lawsuit probably. And there's usually not stock to buy on a lawsuit tip. Okay. And then there are some exceptions. I deleted a couple because they don't really, they're not that applicable to the planning commission, but you can take an occasional gift having a value of less than $50. So, you know, Sometimes developers or financial institutes, they'll bring in a box of chocolates and you know, we always make sure that it's the small box because it can't be over $50, but it's been at $50 for a long time. Like, you know, now you can't even take jazz tickets because it would be too much. So, um, but you can take an award, um, in recognition of your public service. So we could also, if the city gives you, you know, or a developer or a nonprofit or something, wanted to recognize, I guess, an individual planning commissioner for their service. Yeah, I'm not sure we've had that happen. Okay, then the next, we're almost there. This one I like. I'm sorry, you can't use Acme Services. You own stock in that company. So if you, you know, if it's your company, well, what about Infogrubs? Well, your wife is the senior VP over there. So now you got to think about your relatives. And how about Miser Industries? Well, your brother works for them. Well, this is crazy. What's the use of having conflicts of interest if you can't use them? Sometimes I think that one comes into play, like, And this is more at a city council level where like they want to use somebody they know for the contract because they trust them. You know, it's like, well, I know them, I trust them, they'll do a good job. But we try to use the formal bidding process for most purchases. OK. And so we went through the slide that says you cannot, you know, do these things. And then this these are the interests that you just have to disclose. Again, this isn't necessarily a violation under the law to have these and you know, you can still, you don't have to recuse yourself, but hopefully you would, but you at a minimum have to disclose and that disclosure would occur at this meeting or sometimes a sworn statement with the mayor, depending on what the interest is. But, um, Daphne Miller- You have to disclose any personal interest or investment that creates a conflict so like if you work for a company that might be representing the developer or you know you have ownership in a landscaping company or the landscaping architect. or your own property, so those kinds of things you would have to disclose. And you cannot receive compensation for assisting someone in a transaction involving the city, which hopefully you wouldn't do. This might come up if someone was an attorney and then they thought, oh, I'll represent someone, but I just say, look, you're only here for four years, unless you're two terms, three years, six. Anyway, so you're just not going to represent clients in front of the city at that point for that term. And if you have a business that's regulated by the city or a substantial interest, so obviously just remember what, you know, your ownership as well as, you know, your spouses or close family. Okay. Gosh, this just keeps going on and on. Okay, it's only a conflict of interest if the data turns out good. Anyway, we have to disclose up front. We're not going to wait and see. That would be like saying it's not a conflict because it's so simple. It's not a complicated one. This isn't going to be controversial. I can stay here. um then the next is the disclosure make sure i think every year you should get a conflict of interest disclosure form you need to fill that out in january the law doesn't say how often you need to fill that out i mean certainly when you start but the city requires it annually just to give you a reminder hey did you buy any more property did you start a new business you know anything else you want to disclose now there may be things that you know so just disclose the property or you know business interests but then there will be other conflicts that come up because of the applicants and that's where you may have to file a sworn statement or you know at a minimum disclose it before the meeting And that's why sometimes it's helpful to call me the day before because the statutes are a little circular on when you have to do this foreign statement and when you just have to disclose in the meeting. And then that would give me the opportunity to double check and make sure we're doing it correctly. Okay, and then just a reminder of What happens if you do have a violation, so someone can file a complaint with the mayor if they think that someone's violated the ethics act, and it could be up to a class A misdemeanor, but depending on the value, it could even go up to a felony. This is for the prohibited action, but any action that the body takes could be rescinded. So if you had a conflict, that action could be rescinded. because it wasn't lawful in the first place. And then also removal from office. So that's it. My last slide is I would take your case, but I have a conflict of disinterest. So, yeah, I think everybody's been really good. I've had questions probably every three months or something. Somebody's like, oh, I know this person or this. There is a Utah case, though, of just going to church with someone, the same church. The Utah courts have said that's not a conflict of interest because in some communities, then everyone would be conflicted out. But if you have a very close relationship, you know, and other things, and you go have dinner every Friday night as families, then, you know, maybe that's too close. So it really is a fact scenario that we take case by case. So any questions on that? I didn't put the statute in the background because we just did this recently. But if you would like a copy of the statute, I can also get that to you. It's not easy to read. It's not as helpful as some of the other acts. No, this was easy.

This was helpful.

That was good, yeah.

And clever. Good. Yes, thank you. And entertaining. Thank you, Lisa. Thank you, Mike. So do we...

move on to the minutes then the director's report i need to have the director's report this is really quick i just want to let the planning commissioners know who don't know the budget uh the current i can't remember what the term is interim budget was approved by the city council at their last meeting and the final budget leave is it is the truth and taxation is like August and they'll be an open house before that yeah so that will be then tied to a final budget thereafter and then the general plan discussion regarding schedule and process will be on the City Council agenda at the next meeting so that they'll determine what kind of process they want to follow through with, how they want to review it, how they want to come to their conclusions as they work through that document.

So just know that that would be- Sort of like the dilemma that the planning commission had, but we're going to try to do that in a work session.

Well, or maybe it'll be- Main session, at least to figure out the plan.

Yeah, do you want to go page by page? Do you want to go chapter by chapter?

So they'll discuss how they want to do it in the main meeting, and then from there, there'll be the process that they follow once we get guidance from them.

And they were just waiting. The budget was very complicated this year because of state law changes in the truth and taxation process. And so we had to spend a lot more time and adopt a lot more ordinances and resolutions for that. So the council just wanted to finish the budget. And so now they're going to prioritize the general. Okay.

That's it. That's my report.

Okay. Awesome. Thank you. Thank you. So now we move to the minutes from last time. okay sid will you pull those up please oh they're right there i thought you needed to pull them all the way up and i clearly saw them yeah um i didn't find any anything that was incorrect did anybody else no i will make a motion to approve the minutes awesome i'll second it okay great so we have first by commissioner jenkins and second by commissioner woodward and we'll take a vote aye aye aye aye and then we'll take a motion to close the meeting i'll make a motion to close the meeting i'll second it all in favor aye thanks everybody