Planning Commission - Regular Meeting

Alright. Good evening. Welcome to our Draper City Planning Commission meeting. We appreciate your attendance tonight. So thanks to all the staff as I always thank them for all their hard work throughout the week that we don't see. Thanks for staying late tonight. And then we also appreciate the commissioners up here volunteering their time. Thanks to the applicants that are here and also to our friends and neighbors that are attending. So let's go ahead and get things started. Today is Thursday, May 14.

Mr. Chair, I think Laura doesn't have a microphone. Laurie, do you have an extra one? Yep. Thank you.

We'll stand by for a minute there. Great. That's quite a step when you've earned your own mic. Alright. Again, today is Thursday, 05/14/2026. The agenda items as posted online and here in person, there are no changes. Correct, Jennifer?

Correct

okay so we'll go forward with the meeting as posted let's go ahead and start off with our first item this is the Cove At Bear Canyon phase three plat amendment it's on the request of marissa davis property owner subdivision plat amendment request to divide one existing lot into two on approximately one point zero acres located at approximately 12222 South Grizzly Hollow Drive. This is known as application 2025Dash0221SUB and Maryann Pickering is our staff contact. So go ahead Maryann.

Sorry, our gaming mouse is a little crazy sometimes.

There we go. Okay.

This is the Cove At Bear Canyon Phase 3 Plat Amendment Request. It's not working. This is the vicinity map showing the location of the property for reference. This is Pioneer Road and then this is Highland down here. This is a detailed view of the property in question tonight.

The land use on this one is residential low medium density and the zoning is already to with this sensitive hillside overlay zone on it. This application is a lot split to split the existing lot into two lots and have a total of two. Both of them will meet the minimum standards for the RA2 zone and the existing home will meet the applicable setbacks for that zone. The proposed lot does have easements on it that will need to be avoided with any new construction on the lot, but they have identified all of those on the plat. This

is

the existing plat. It is this lot here in question. And then this is the proposed layout. Again, both of them do meet the minimum size for the zone. Those easements I referenced are here down in this area and then also on the side. So the home will have to go in this

area should it be developed.

And this one is a public meeting tonight. I'd be happy to answer any questions you have.

I do have one question. On the original plat, it's Lot 301, it does show a non buildable area, but I don't see it on the new plat for what would be Lot 318. Does that need to be on there?

It was not brought up and so we haven't included that on that one.

So it's not necessary, I guess, to include Correct.

Okay. The applicant is here tonight.

Perfect. All right, any other questions for Steph?

Okay, great. Is the applicant here? Come on down. You just state your name and then you can add anything to that presentation that you'd

like. My

name is

Marissa Davis.

Jason Davis.

I believe the answer is that has to do with slopes and that was addressed with the geotech report. And basically what they came up with is if you're building on that slope, it'll have to be certain building standards. And Lori might know more about that than I do. But I think that was covered with the geotechnical report and clearance.

Great. Any specific questions for him? Okay. All right. That was your time to shine. Sorry, that was probably anticlimactic. But yeah, we'll call you up if we need anything, but we're going to deliberate on that and then go from there.

Thank you.

Awesome. Thank you. Thanks for applying. All right. Commissioners, there's no public hearing on this, right?

Correct.

Correct. Yeah. So just administrative. So commissioners, what are your thoughts on this? So it's just existing zone, just creating two out of one that'll both be compliant.

I'll make a motion if there's no questions.

Nope. I don't We have anything else

approve the subdivision plat as requested by Marissa Davis, property owner for the Cove At Bear Canyon phase three amended plat subdivision Platt Amendment Application twenty twenty five-two 21 SUB based on the following findings for approval and subject to the requirements as listed in the staff report dated 05/05/2026. And the findings of approval is there is good cause for the amendment and no public street or municipal utility easement will be vacated or amended.

Awesome. Thank you, Susan. Who will second her motion?

I'll second.

Thanks, Lisa. Let's go ahead and put that to a vote for approval. Susan, how do you vote?

Yes.

Lisa?

Yes.

Mary?

Yes.

Christine?

Yes.

And Laura?

Yes.

Alright. Congrats on that. So good luck with your project. Let's move on to our next item. This one's a public hearing. This is the Nielsen zoning map amendment request. It's on the request of Spencer L. Roy Nielsen, property owner, a zoning map amendment request to change zoning from RA1, which is resident agricultural to R3 single family residential for approximately 0.33 acres. It's located Hundred On 12038 South 300 East. It's known as application 20205MA and our staff contact on this one is Paul Gaumann. So go ahead, Paul.

Thank you. So the location might look pretty familiar. We are just North Of Tanager and just West of Willow Springs. Recently, there was a rezone done directly to the South Butler rezone. And when the applicant, Spencer Nielsen, actually saw that rezone going through, he realized that he wanted his lot to match the current land use, which is medium resident residential medium density.

And his lot was non conforming in the RA1 zone and he wanted it to conform. So that's why he is requesting an R3 zone. So we look at the aerial map and then we've got our land use map showing the residential medium density. And then the current zoning map, we've got R A 1 there with R 3 directly to the south. Overview of the request showing the minimum lot sizes. His lot is just over 14,000 square feet. So it would be congruent in the R3 zone, but it would not be able to be subdivided under that zone. We have a site photo. And the applicant did indicate that they would be here to answer any questions as needed.

Perfect. All right. Any questions for staff? Okay. All right. Will the applicant come on up? Hi. Just state your name and then again, you can add anything you'd like.

Spencer Nielsen and nothing to add.

Okay. Any questions for the applicant? Okay. Alright. Well, go ahead and light be seated. It's public hearing, so I'm gonna bite you back up if we need to. Okay? Alright. This is a public hearing, so we'll go ahead and open this up for public comment. This is our first time tonight, so I'll explain it. We've got a nice little three minute timer over there in red. You're welcome to come up and say anything you'd like about this agenda item for up to three minutes. You don't need to fill the whole time. We just ask that you don't go over. So with those instructions, who would like to come address this agenda item if anyone? Now come on down. And if you just state your name for the recording. Thanks.

Yep. Name's Chris White. I live across the street on the East Side. How would this affect traffic access? Because that little intersection there with Willow Springs Lane and 30 East is really quite dangerous at times. And if there's any other changes to the access to the property.

Thank you. Anyone else? Yeah, come on down.

Kathleen Keller. I live at 12782 South Hideaway Cove. I just want a clarification. Did I understand him to say that it could not be subdivided again? And that's all I want to know.

Perfect. So you'll see me kind of blinking at you here. It won't be an exchange back and forth but I'm taking mental notes and then we'll get your answered. So anything else? Okay, perfect. Thank you. Anyone else? Okay, don't I see anyone, we'll go ahead and close the public hearing portion of that agenda item. All right. We had two questions there, traffic, how it will be impacted and then the other question, you heard that one. So let's go ahead and address those two real quickly.

Yes. So in terms of potential subdivisions, the lot currently does not have enough square footage to be able to subdivide it into two conforming lots in the zone. So this zone change would bring it into conformity but would not allow for a subdivision. And so there would be no new lots there, no new access, so wouldn't change traffic one way or the other.

Great. Thank you, Paul. All right. And any other questions on what was that second question that we had? You had addressed that as well. So thank you. Great job. All right. Commissioners, what are your thoughts on this?

I have no objections to it. It doesn't change the use of the lot necessarily. It just brings it into conformity. Okay. So I'll make a motion. I move that we forward a positive recommendation to the city council for the zoning map amendment as requested. Am I in the right one? Yes. Okay. As requested sorry, lost it. As requested by Liana Lania Butler, application 20205MA. Lisa? Yes.

That's not the right one.

Yeah, the name's wrong on there. Asked the question.

It's Paul Gilman and it's the request for approval of a zoning map amendment from RA1 to R3. So the model motion that he's provided is possibly wrong. Let's try this one. I move that we forward a positive recommendation to the city council for the zoning map amendment as requested by Spencer Nielsen application 2026Dash45DashMA based on the findings and criteria for approval listed in the staff report dated 04/24/2026. The finding is that it is consistent with the goals and objectives and policies of the city's plan.

And the zoning is harmonious with the character of the vicinity. And yeah, let's just go with that.

Perfect. Thanks, Lisa. Being quick on your feet there. Good job. All right. Who wants to second that awesome motion?

I'll second.

Alright. Thanks, Mary. Let's go ahead and put this one then to a vote. This is to pass forward a positive recommendation to the city council. So, Lisa, how do you vote?

Yes.

Mary?

Yes.

Christine?

Yes.

Laura? Yes. And Susan?

Yes.

Alright. Congrats on that. Good luck with City Council. Appreciate you coming in. All right. Let's go ahead and move to our next public hearing. This one is the Cookie Valerie LLC. Valerie? Got it.

I guess. Is that right?

Got it. Well, I'll get corrected here from the applicant when they come up. So there's a home occupation conditional use permit request. Wouldn't be the first time Lisa. On the request of Cheryl Swenson representing the Cookie Pollery LLC, a home occupation conditional use permit for approximately 0.53 acres and is located at approximately 286 West Golden Harvest Road known as Application 2020 Six-sixty 5 USC and Nick Whitaker is our staff contact. Nick, go ahead.

So Nick, which is it? It's cookie balls, right?

It's cookie ballery.

Ballery, got it.

Yes.

Not to be confused with an art gallery.

Art gallery.

Thank you.

Very nice.

Alright, go ahead Nick.

Thank you. So this is the Cookie Ballery LLC, home occupation conditional use permit request. Here's a vicinity map of the property. It's just to the west of Pony Express. Here's an aerial map.

Land use map, the land use is residential low medium density. The zoning map, the zone is RA2. Just an overview of the request is home occupation conditional use permit and the applicant is requesting to operate a cottage business that produces baked goods from her home. Orders are placed online and picked up by the customer at the client's property. Pickup times are scheduled to ensure that only one customer is at the property at a time.

Customers are provided with an off street parking stall located on the applicant's driveway in front of the third car garage. And hours of operation are Monday to Friday from 9AM to 5PM, and all business is conducted within the applicant's home. Here's a site plan. We had to request an updated site plan. It's actually a condition in the staff report.

However, the applicant read the staff report before the meeting and has already sent in an updated site plan. So I've included it here. So the updated site plan shows where the customers park their vehicle when they come and pick up their order. And it's just right in front of the third car garage here. Here's a floor plan, the main floor here.

The applicant uses a portion of or uses the entire kitchen to produce the baked goods and then also a portion of the, I believe it's the living room as office space just to conduct admin. Here's the impact analysis and mitigation. Identified potential impacts include customers coming to the home and associated traffic and customer vehicles parked on the street. The proposed mitigation is that all requirements of Draper City Engineering, Public Works, Building, Planning, and Fire Divisions are satisfied, that a Draper City business license shall be obtained. They have already applied for one, and they're doing this as part of that.

That only one customer at a time shall be permitted at the subject property and only to pick up their orders and that the customer orders shall be picked up by appointment only and the business hours of operation shall be limited to weekdays from 9AM to 5PM and then as I mentioned earlier this was included as a condition, but the applicant has since fulfilled it since the staff report was published, that is that an updated site plan shall be provided to staff, which clarifies that the parking stall shall be located in front of the third car garage. Here is a photo of the home. And right there is the third car garage where the customers will park. There are no issues with the width of the driveway. Everything looks great.

And that's my presentation. Any questions?

I have a question, Nick. I just want to clarify that the site plan change, if you go back to that slide, please. They just don't have this cement parking stall on the left side of that driveway. Is that right? That parking spot is gone. Or not there.

Yeah, this was the original site plan. And it was the applicant showed that there was clearly there's lots of ways that the customer could park, but we needed it so that it would it was narrowed down to a single spot. Everything to the west of that the identified spot on the driveway is gravel, which that wouldn't be acceptable per Draper standards.

They probably use it for parking, but it's not acceptable for this purpose?

Yes.

Okay. Thanks. Appreciate that.

All right, thanks Nick. All right, is the applicant here? Hi, come on down. As before, just state your name and then add anything you'd like to that.

Good evening. My name is Cheryl Swenson, cookie ballery. Guess you'll probably forget that now, right? You for knowing it, Nick. I almost brought you some samples, but I didn't want it to seem like bribery. But I would love to bring you some if this gets approved. I had originally hoped to open a food truck until I realized I had a very high operating cost and cost of entry. And so I am just thrilled to have this option to do it out of my home, assuming that it gets approved. And I've also been learning a lot about this process. I went back and watched or listened to a lot of the past meetings to prepare and everything and I came last month and watched so that I'd be ready that way.

It's been really interesting actually learning the process. I wish I had known when I was filling out my application earlier. I probably wouldn't have had to change so many things with Nick. And thank you so much, Nick, for all of your patience and help. I appreciate that.

Perfect. All right. Any questions for the applicant? Okay. As before, we'll have the public comment and then invite you back up if we need to. Thanks, Cheryl. This is a public hearing, so we'll go ahead and open this up for public comment. Who would like to address this agenda item, if anyone? Okay. We don't see anybody, so we'll go ahead and close that public hearing. Commissioners, are your thoughts on this? Pretty straightforward. We always know what this traffic and parking is the number one concern. And obviously, coming to some past meetings, you've heard that, and you've addressed it. And now we've got that, allowed parking on there.

So and I think, you know, everything's kind of been addressed as far as the by appointment only pickup, etcetera. So but what are your thoughts?

I see no objections. Commissioners, anybody else want to make a comment? Okay, I'll just make a motion then, another one. I can't read this one very good. Let's do this.

I move that we approve the home occupation conditional use permit as requested by Cheryl Swenson, operating the Cookie Ballery LLC application 20205 USE based on the following findings for approval and subject to the conditions listed in the staff report dated 04/30/2026. This proposal complies with the standards for approval in the code. And I think the potential impacts are mitigated with the reasonable conditions that we've listed in the staff report. And just of a note that Cheryl has already corrected the updated she's already updated the site plan that the staff required.

Perfect. Thanks for pointing that out with that motion. Who will second it?

I'll second that.

Thanks, Laura. So let's go ahead and put this to a vote. This is for approval. So Lisa, how do you vote?

Yes. Laura?

Yes.

Christine?

Yes.

Mary?

Yes.

And Susan?

Yes.

Alright. Congrats on that cookie ballerade. So enjoy. Appreciate you coming in and doing this the right way. Good luck with your business. All right. Let's go ahead and now move on to our agenda item one D as in Delta. This one is also a public hearing. This is Veranda West Master Area Plan Amendment Zoning Text Amendment and Conditional Use Request Permit. It's on the request of Keith Hansen of AE Erbia representing City Center Draper Holdings LLC, a Master Area Plan Amendment Zoning Text Amendment and Conditional Use Permit for approximately 31.27 acres.

It's located on approximately 13708 South, 600 West. It's known as Applications twenty twenty four-three 36 MAP, twenty twenty four-four 56 TA and twenty twenty six-twenty eight USE. Staff contact on this is Todd Taylor. So go ahead, Todd. Thank you. This is

a vicinity map showing the location. It's just North of Bangor on the West side of the city, just east of the river. This is an aerial showing the existing townhomes on the northern portion of the site. You can see Bangor there on the southern portion of the site. The land use is Transit Station District and the zoning is also Transit Station District.

The Veranda West master area plan, which is the master area plans are required in the transit station district, was originally approved on 03/05/2019. And there was a minor amendment on 05/05/2020. The applicant's proposing some changes in the uses primarily, well you can see in the residential units they're increasing by 32 units in the stacked flats apartments. The townhomes again are already built, 121 units. There's an increase of 1.16 acres in retail and restaurant over the original approval.

Office has been removed and a new use of outdoor recreation and surf park is being added for 8.8 acres. And then the open space has decreased by 4.4 acres but still meets the minimum requirements of the zone. This is the exhibit that is included in the zoning code and it does show that the intensity areas are still remaining the same. They are just being reallocated with this new concept plan. So this is the concept plan shown in the master area plan.

You can see the existing townhomes to the north. The southern site will utilize the existing entrance. There's some retail and restaurant and a retail village sort of in the center of the site. South of that is the Surf Park. Also another entrance is being proposed to the south of the existing entrance.

And then to the southern end of the, so the tip of the site is the stacked flats. This is the circulation pathways map. If you can see the purple, that's the pedestrian pathways that run throughout the site. You can see that there's quite extensive going connecting through all the uses of the site. And then finally this is the open space map.

Also concept elevations have been provided. So this is the residential concepts, the retail concepts, and then some renderings of the surf park. In order to mitigate for any potential noise impacts, staff is recommending some conditions of approval. First that the Surf Park opens no earlier than 6AM and closes no later than 11PM. These are the hours that were indicated in the applicant's statement.

The second is that the Surf will submit a noise study with the site plan application to ensure that noise impacts to the proposed residential areas to the south are mitigated and that any recommended mitigation be included in the site plan prior to approval. The third is that the site, the Surf Park complies with our noise control ordinance and the county's health regulation number 21 which is also the county's noise control which prohibits excessive noise that disturbs the residential area, especially between the hours of 10PM and 7AM. Then finally, because is a conditional use, part of this is a conditional use permit approval that the Planning Commission approves, This still has to go to the city council for the master area plan amendment and tax amendment that the conditional use permit not take effect unless and until the city council approves those items. That concludes my presentation and I'm available if you have any questions. And I can see a large applicant team here that I'm sure wants to speak as well.

Great. Any questions for staff?

I have a couple. One, the obvious. I'm just curious here we are in a water drought, why we're getting a request for a surf park. I mean, that seems kind of I'm surprised I was surprised to see that. But the next one is, I'm wondering why we would not have the condition of the quiet hours to coincide with the city's code from 10PM to 7AM rather than 11PM to 6AM. To me it seems like if that's our code and you're referencing it in the county, why we wouldn't impose that condition.

Well the code doesn't say that businesses can't operate during those hours. It's more that we can't have excessive noise in those areas during those hours. So if they can operate during those hours and not have excessive noise, then it's not a problem. If they are trying to play loudspeakers between six and seven or ten to eleven then that's definitely going to be a problem.

Great, we'll discuss that.

Good point. Thanks.

Great. Any other questions for Tom? No? Okay. All right. Then we'll go ahead and invite the applicant up. You guys can come in order, out of order, whatever you'd like to do. And as long as you just smile and state your name, you can add anything to that presentation that you'd like.

My name is Jackson Shepherd. I represent the owner of Property City Center. We have owned the property since 2019, so we're very familiar with it. Have Wassett's Residential Group and Wassett's Commercial Group who've done a lot of the entitlement work with the city so far. We also have our architects and builder here today. The only thing I'm sure you guys have a lot of questions, and we'll wait for those. We're obviously very excited about the project. And the only thing we would add about the water is this use is actually uses the least amount of water of all the approved uses actually in the CUP. The way pool itself is actually net neutral, and we have reports from third party engineers that show that. For example, a golf course, one hole on the golf course uses 18 times more water than this way pool will.

So it's actually a very efficient use of water. And we think that having recreational outdoor recreational venues like this for people who live in multifamily apartments and stuff like that and maybe don't have pools in their backyard or stuff like that is very important. And we don't feel that, you know, in the grand scheme of things that, you know, like I said, an outdoor recreational facility like this should be on the chopping block. We should look at other ways to conserve water, and we're being very conscientious of that and making sure that we are saving water on the site. And that's all hopefully for your questions. Like I said, we have the whole team here and we're happy to answer any of them.

Perfect.

Thanks.

Do we ask more questions?

If we've got, have some questions?

Yeah, I do have questions for you.

Yeah, so if you want to we'll just have sorry to give you the runaround. We'll just have you stand here, you can invite up anybody who you want. How's that sound? So go ahead. We'll hit you with a few of these, and then you can just bring up the whole

Thanks for

So make it worth your trip, guys.

Thanks for coming back. Okay.

Always

when we're looking at developments, I know this isn't part of what we're discussing tonight necessarily, it's just a concept. But we're always worried about parking. And the street is pretty busy even without the full development on either side of that street. And so I'm really concerned. I can see the apartments down at the tip of this piece of land. I could see people parking in those spots that want to just go to the surf park.

Yeah. So we've updated the traffic impact study. We have that available. That's correct, Connie? Yeah, have that available. The pool will operate as a semi private way pool. So there are times available to the public and also times available to a membership base.

And

so this isn't going to be Disneyland. We're not marching people in and out of here all day long. It is going to be an attraction. There are going to be people there. And we've been through that with the new traffic impact study. We feel like we're adequately parked given the structure of the pool. Like I said, the memberships and the open times. And also that's something that we're very worried about. We want to make sure that we have parking. Obviously, customers aren't going be happy if they want to come to the pool and can't find anywhere to park.

Have you considered putting parking for the apartments underneath?

We have. The apartments, Wasatch Residential Group is here. Those are coming later. We're not planning on building those or I would say Wasatch Residential Group is planning on doing those for do you hold Adam speak if you have anything on that? Yes. We feel like the apartments are adequately parked too. Obviously, if we feel like they're under parked or something like that, we might look at solutions like that.

Adam Langford, Wasatch Residential Group, 620 South Street Street. I'll just add on the parking. We meet the code, but beyond that, we have our own standard. We own four different residential communities in this area, so we have our own standard for parking. So it's very important to us because if people can't park in our communities, then they'll go somewhere else. So, we feel like this is adequately parked based on city code and then our own internal numbers, but also the parking areas are separated. The majority of the surf park is on that north area or on the East. And so, yeah, we believe, there's plenty. The other nice thing about this is we're all under the same umbrella. So there's property management, but we're all gonna be talking.

So if there is a problem, we can solve it because we're all one big group. So it'll be managed cohesively between all of us.

I'm also worried about people crossing that big street from the other side, from the other the development on the other side, which I think you also are you involved in that development Yes.

We own Embold and the retail there in the hotel. Nobody would be crossing that per se to get to amenities if some of the people on that East Side wanted to come over to the surf park. According to the city, Brian might be able to chime in on this, but as soon as the traffic count is enough, the goal is to get a signal there at that main entrance. And so people would be able to cross at a signal.

That's

right. Because for sure, right now, it's busy. So we want a signal there. And that would allow pedestrian access across the busy road.

Right. I read that. I had forgotten. So I'm glad that's on Yes. The margins It's definitely needed out

there.

Yeah. The awareness. Okay.

Any other questions on the multifamily that I

can I

have a for you? Yes.

On the

site plan here, it shows that there are townhomes and apartments. I assume that townhomes to be for sale product or are they all for rent product?

So the townhomes that it's referring to is the community on the North End.

Great.

And those are already built.

Okay.

Yeah. Those are existing.

And then

the what we call stacked flats are on the South End. So those are four stories, garages underneath with, serviced by elevators.

Okay.

Does that answer your question?

Yeah. The question was really more of like a for rent or a for purchase type.

Yeah. The existing is for rent and the stacked flats are for rent. We don't do for sale. We're not set up that way. We don't have agents and all that kind of stuff. It's just not part of our model. Thanks,

Adam. All right. Any other questions for these guys?

Well, I know that do you guys know how much water is supposed to be in the surf lagoon?

Yes. We do. So the pool consists of about 4,000,000 gallons of water. But as Jackson was saying oh, by the way, Connor Shepherd, and I actually live at 12239 South Hanna View Lane in Crestmeadson Farms. But, the pool will use about 4,000,000 gallons of water. And as Jackson was stating earlier, the, we've done a bunch of existing uses on the site, checking it against not only, you know, single family homes, golf courses, ski resorts, everything just to see what the uses would be. And we are still substantially less uses of water. It's only evaporation that we'll be dealing with. And we actually have that calculated down to an exact number including rainfall. So, you know,

we we feel good. I would only add there's a a wave pool in Munich, Germany, and has a very similar climate to ours, and it's the exact same pool, technology, everything. And they're net neutral between rainfall, snow, all those things, evaporation. Their water levels remain about the same all year long. And this thing is a complete bathtub.

It's there's a membrane underneath it. No water is escaping. You know, kids might drag water out on their feet and bodies and stuff like that, but it's a complete bathtub, completely closed circulation for the filtration and stuff like that. So like Conor said, the evaporation is really your only water loss on this and you're really net neutral between snow and rain. This past winter wasn't that great, so hopefully we have more of that in the future, but it's essentially net neutral.

And then one last comment too. We make sure to go out and source all of the best teams and companies that have worked on, projects like this one. One of them being Martin Aquatic, which is one of the foremost knowledges in the world actually on large water based attractions and they're the ones who have given us these calculations. They've actually built a few of these filtration systems. They did the Disneyland resorts, all of those. So we have a very solid team that's given us these calculations.

The 4,000,000 gallons of water. The townhomes use 4,000,000 gallons of water?

Actually, single family homes and this is according to all the studies we've done in Utah specifically, a single family. If we did this is about 13 to 16 acres. I'm trying to remember the exact number. Well, 31.27 acres total. But on our site where we have the pool, you could put about 75 single family homes, which would equate to about 9,700,000 gallons of water averaged used a year.

You say 9,700,000.

Million. Million gallons. Yeah.

Yeah. And and the surf park is how many gallons?

So it would be 4,000,000 gallons of water.

One time. One time fill up.

Right? And then going forward, we have it average between six to well, seven to 9,000,000 gallons of water. Obviously, you have years like this where we just had an extreme different type of winter and then also heat, but we have an average at about seven to 9,000,000 gallons of water.

So is that this is probably a stupid question. Does that comparable to, like, a swimming pool? I mean

Well, no, because this is

much, much larger. Much less. Are you asking in terms of like usage and stuff like Yeah.

Oh, yes. Yes. In that sense, yes. Sorry.

Right, right.

Yeah.

Use okay. Thank you. Can you state your name?

Oh, yeah. Connor Shepherd.

Thank you. Yeah. But,

yeah, we've we've we've gone through and done a ton of studies on this already, And we do feel like this is and it's a full recirculating system, right? So like Jackson was stating earlier, the only water loss is aberration.

I'm curious. Have you talked to the tenants of the your tenants there? Are they wanting this? I'm just I'm just curious. Or are they all? Because like I my first reaction was, woah. Are you kidding? We're in a

I don't I don't know if yeah. Adam can answer that.

Is this something that's wanted? I mean, is

I I don't know if it's wanted. I mean, we haven't gone out there. But, yes, any type of big amenity like this that's a draw would definitely help any of our communities around there. But, obviously, this isn't just pulling from from our communities. Right? This is Draper wide. This is really a regional type thing that's going to pull from everywhere. Certainly, we see this as a positive for sure. With all that we have, the hotels, the retail and the apartment communities, yeah, we see this as a huge plus for us and the whole community.

Yeah, my first thoughts on this was, first of all, you've got a water feature inside a community. Always looks great, right? And usually, if you look at it, the water features that we do have out in daybreak and such, I mean, they're just big retention ponds and people are wakeboarding, paddle boarding. But something like this, Susan, is kind of a unique niche thing that I think will grow like that I think of that Momentum rock climbing facility in Sandy. That's pretty dang niche And it's packed.

Get some people into some things that they didn't have access to before. So yeah, I think it'll be it's almost a dual purpose in my mind, right? It kind of beautifies the instead of having a big just more we've got a lot of parking lots out there from the air or even from up on the hill. We've to be careful that it's not just another what's that train station over there by eBay, right, with all that concrete So over when I saw this blue, I'm like, man, I welcome that. Then to hear that it's a functional surf, let's yeah, see how that works. But the Germans will figure it out, guess, right? Yeah.

It sounds really cool. I guess I should have said my question differently. Is this something that tenants requested or desired or is there a demand for it

or We've done a few market studies actually. Mean we don't want to build something that no one's going to come to or don't want to risk money. And Utah is very unique because we're so close to the mountains and we're so close to snow and mountain biking, all these things. In Utah, people like to, first of be outside and spend a lot of money being outside, right? And yeah, the support for the surf pool and I could go into all the statistics, it probably wouldn't make a ton of sense, but our penetration rate in Utah at least is less than a percent.

We only need there's so out of 100% of people that are interested in surfing in Utah, which is what the market says it, we really only need to capture 1% of that. And so that's, you know, there's a lot of California expats here. There's a lot of people from other states who are, first of all, that's kind of like your core surfing base. And then there's also a lot of, you know, people go wake surfing on boats. There's a surf culture here already. And anyways, the market studies are surprisingly, I would say even overwhelmingly positive. People want this in Utah. And Zion Shores down in St. George is almost exactly the same thing. We're using a little bit of different technology and they're getting tremendous perception down there too.

Susan, I think also in the prior site, the original plan, there was a pool and some green space. So it's a larger pool, but it is I still mean, if you bought the townhomes expecting a pool to come in, you've got something.

Right. No, I think it's cool. I just wanted to hear, you know, what the market for it was if there was one. Whatever. Yeah. Thank you.

I just worry about how this is gonna look too. Like, I'm just worried about us being on the news for it. Know Momentum climbing gym is very cool. It is very cool. But they also don't use a precious resource. I'm just worried about it.

Well, and I'm as big of a water conservationist as you could probably get like you are, Christine, I think. But I do think it's important to remember that these transit zones have pretty ridiculous density allowances. And so they could build a residential building that was super high and probably consumed significantly more water resources by the residents that live there than something like this. And I mean, obviously golf courses, we don't need to go into the water use there. He's already addressed that. But yeah, if you have like further information on that, I'd be happy to hear it.

Yeah, happy to share all the water, like I said, uses and stuff like that. And like I mentioned earlier, I don't think the first thing we should cut, especially with water use, is places that the public can be in because a lot of people just don't have big homes with backyards and most people don't golf and stuff like that. And so a place like this where people can come and be in the water, like, you know, we just we're water conservationists too. We're trying to be careful with our resources. And I said, personally, we just don't feel like something like this would be the first thing we cut.

And we obviously understand the trepidation with everything going on with the data center and stuff like that. But no one's walking into the data center and using it every day. The local community isn't using it every day. The local community will be using this every day. Draper High School Corner Canyon, they're going to have a surf team eventually. Locals are going be using this. And so when you're looking at using our precious resources, like you said, this is a use that everyone can come in and use. It's not getting locked up in a data center that no one can look at, touch, or feel.

Christine, I get your concern on the water. It's a one time fill. They don't steal it from anybody. They have to pay for it. Anytime I see anybody using water, I always remind myself, like, you've to pay for it, right? It's not a free resource. If you've got a model that will sustain it. And I do like your thoughts on I mean, it is a one time fill and then our only loss is to evaporation. So it's not that they're going to be I mean, it sounds horrendous, Like millions of gallons. But again, it's not flowing, it's sitting.

And so I just point to Daybreak and the millions or billions of gallons we've gotten in some of those facilities that I mean it's the same water, right? Whether it's culinary or purified or whatever. But again, I mean I welcome that it's public. I mean we've got a lot of private pools that don't get any use. They just look good and this is something that I think that I mean we have an aquarium here too, uses a lot of water but it's cool And it's cool to have that here.

It's nice to see stuff like that thrive. So again, it could be another big high rise building, could be another small pool, it could be a skate park. We've got plenty of those. But just something unique to I think it'd be a cool draw. Super happy to hear that it wasn't just for the owners, That it's going to be something that you can come into like a Momentum climbing facility, something that the community can kind of benefit from. So anyway. Any other questions for the applicants?

I was just going to comment.

I feel a lot better with the

explanation and the numbers that you're quoting and this use versus that use. I feel much better about it than I did initially because I was like freaking out going,

you And have to keep

I also wanted to comment on the traffic. I myself am not concerned about the traffic based on the traffic impact study that you folks submitted with this. That was very helpful. And I think it's always a good thing to look at. So thank you.

Yeah. Mean, and one more thought on there. Remember when we used to have, remember the water slide, the water park out here in Draper, where the freeway would pretty much terminate right into the, where Boondocks is now? They would just kind of have that. And again, to me, I'm happy to hear that this is a one time fill. It's not just water flowing all day long to just run some this isn't the raging waters is what we're putting in here. So again, are all when I first read through this, I'm like, all right. Well, let's see how this goes. And so everything I've heard there. And the net neutral is important because that's the one time fill and then evaporation.

It's not leaking out. It's not flowing. I know Daybreak does not have a net neutral at all on that water. There's no way. So anyway, those are initial concerns that I think have been quelled.

I understand it's like a one time fill. You're only using it for like three months out of the year.

It's a good point. What do you guys do? What are the seasons? Memorial, We're

heating the pool. The equipment that generates the waves throws off tremendous heat. And so what you do is just run the water filtration in that same room, and it heats the water kind of naturally. Surfers, they put on wet suits down in California all year long. In the wintertime, you're probably going to see less people surf, but I still think you're going to

have to So it'll be open.

Yeah, it'll be open all year long. And we'll be heating the pool to right now we're aiming for the low 50s to well, somewhere in the mid 50s to low 60 degrees is where it's feasible to get to. Surfers in California, that's summer for them and they're wearing board shorts, which is kind of crazy. Yeah.

So you have to refill it like once a year or?

Unless there's something catastrophic, earthquake that cracks the pool into, you don't ever have to drain the pool. The water is just, like I said, it's a closed circulation loop. It's completely, the filtration all happens in itself. And between evaporation, the pool deck all slopes down so you catch all the water, rain falls on it, snow, everything. Nothing leaves unless it's like on your body.

That's why I keep bringing that up. That one time fail sounds horrendous, but it's just that's a one time fail. Can I ask you this? What were the other considerations for amenities? What else did you consider there?

Alex Dahlstrom and Wassett's commercial, they had office buildings there, which not as cool.

Less of a draw there. My kids wouldn't give a hoot about that. But really, it would just be more mean, yeah, it would just be more of what we have. Yeah.

Could put more offices there and I mean we have the studies that show those would use more water than this. You put, I don't even know how many square feet of office there and they would use more water. Same with single family homes. Obviously we're not putting full 18 hole golf course there, that would use more water. Almost every single use uses more water than this wave pool.

Got it. After that one time fill?

Yes. After one time fill, correct.

Cool. Other questions on that topic, on water, on the amenities? Anything else? We got a whole row of guys back there. Anything else you want to bring up?

Okay.

No, I mean, we're the only thing I would bring up to is the commercial village. We think that's going to be tremendous. All the shops and stuff were, with the massing, we're trying to get that all the view corridors into the pool, restaurants in there, cool retail. We think it's going be really cool and really a big boon to the city, honestly. And obviously with The Point coming in on the other side of Bangater, we think it's really complimentary to everything that's happening here.

If this is approved, when do you anticipate starting the project?

Hopefully. We were in the ground this year. Our architects are working diligently on the documents. Obviously, we have to go to City Council, moving dirt in September. And the pool only takes actually ten months to build. We have a really bad winter this year. We can't pour concrete in the snow, so that might push our timeline out a few months. But hopefully twelve months from September, we're having people surfing in the pool.

Okay, thanks.

Perfect. Adam, do have one more thing on there?

I was just going to add really quickly. Yes. As far as this, the overall master plan goes, like Conor said, we've owned the land for a long time. We've looked at a lot of different options on this site. We wouldn't be here if we didn't think this was the highest and best use of the land. We just don't come in and build stuff that's not going to work just at a whim. We've studied this property for a long time. We own it. We want to do what's best. And that's really why we're here with this plan because we think it is the best use of the overall master plan project.

That is true. I've sat up here for a little while and I know you guys pivoted from a lot of office space over to residential quite a while back when you saw that writing on the wall. For me, they're not going to ruin their own site plan, They want this to thrive. They want it to be good, like they said. So the question is, I mean, is there anything against code here? No. Their parking has met the minimums. If they want to put in extra, great. And as far as is there anything in our code that disallows 400,000,000 gallon holding tank? All right.

All right. Commissioners, if there's nothing else there, we'll go ahead and let you guys be seated. We'll open this up to public comment. And you guys can stay there too. It might save you a trip if we bring you back up. So let's go ahead and open this up for public comment. This is a public hearing. So who would like to address this agenda item publicly? Get your three minutes. Okay. I don't see anyone, so we'll go ahead and close the public hearing portion. Alright. Commissioners, what are your thoughts on this? There's a couple little couple items on here that we've got to address. So

I don't I don't see any reason that we I I mean, it complies, so I think we have to approve it. Right?

I agree.

I'm actually breathing a huge huge sigh of relief based on the information they've given us tonight myself. So I I understand,

like, this is all within the zoning, but isn't this is there something having to do with, like, cultural insensitivity or something in our zoning? So I just

just don't think

it's appropriate.

Because you're worried about the water.

Yeah. Honestly, I just don't think it's right now there's like everyone's kind of changing their culture. They're all kind of banding around about protecting our water because it's not going to last. We're hoping it's going to come back, but it might not. I might as well I almost feel like I should just go home and slap my kids in the face if I

Well, this isn't the kind of application that we have to approve because it complies with something. This is a subjective or an objective position. So if some of us agree or disagree with each other, that's totally reasonable. So I mean, I don't think you need to feel compelled to vote a certain way because that's not the kind of application. Like on some, if they meet like a site plan, if it complies with everything in the code, then we do that's what we're looking for is compliance. This is a text amendment.

So I'll add. There's three applications. One is the master plan amendment and text amendment. So the TSD zone or transit station district zone requires developers to do a master area plan providing their concepts, their standards, that kind of thing. And then in the actual code, we have their general site plan concept in that.

So the Veranda West master plan already exists. They're looking to amend it to add the surf park, amend the layout. So the two legislative applications, that master plan and tax amendment, those will go on to the city council because it is up to the city council to approve those items. The conditional use permit is for the outdoor recreation entertainment use itself, which is an existing use allowed in the TSD zone with the conditional use. So that's why Todd has that last condition that says, you know, if the conditional use permit is approved, it won't become effective until city council makes a final decision on that map amendment and the text amendment and they approve it.

Yeah, that's fair to point that out. And Christine, so your water concern, just like Mary said, yeah, you we're not asking you to change your values or your opinions of that at all. So just, you know, speak freely about that. So

Well, and even if this wasn't a text amendment or legislative items, the use itself is a permitted use with conditional use approval. Yeah. Yeah. So use is basically permitted use. But I definitely understand Christine's concerns for sure.

Any time I see somebody watering their lawn too long, Christine, I just go look and see how much water one batch of alfalfa costs, you know. And then you go, Oh, okay, great. So about 80% of Utah's water usage right now is going to alfalfa, not my front lawn, you know. But now, I don't know, we might be dipping into a couple of barrels of alfalfa with this surf pool. I don't use alfalfa, but my kids would use the surf pool.

I'll be a little selfish that way. I'm being cheeky about it, really, yeah, we're not asking you to change your values and your opinions on that. We all know all these resources. Electricity is a resource. Again, probably one of the best things I heard about that that put me at ease is if this really is in Munich, those Germans are nuts about this kind of stuff, right? So they've got this thing generating heat to generate the waves and they're repurposing the heat from that to heat the pool. It's going to be and so net neutral to Germans, mean seriously they've got this little logo, it's called Umppelbus. My family is from there. I've spent some time over there. They're nuts about it.

So more nuts than probably anything that we have out here in the Wild West. So if that truly is where that's coming from, I mean net neutral, I don't think they're blowing smoke at us for that. So I did think that I know my household is not using that much water per year that they were quoting, but anyway, neither is yours, I guarantee it. But anyway, so that was a little bit. Anyway, so I digress. So let's go ahead and we've got three items on here. So the master area plan, we're going to do them in this order, right? Jennifer, let's go ahead. Just keep these in this order. And then thanks for putting that in there that obviously if we approve the conditional use permit, it's got to it's all pending the other two items.

Thanks for pointing that out Jennifer. Okay, so let's go ahead and tackle some of these. So we've got the MAP amendment or the master area plan. So what do we have there?

I'm interested in a positive recommendation.

Anybody against that? Yeah.

We're done. And you can vote against it if you want. That's Okay.

Go ahead, Lisa.

I move that we forward a positive recommendation to the city council for the m the MAP map amendment as requested by Keith Hansen of AE Erbia representing city central City Center Draper Holdings LLC, application number 202036MAP, based on the findings for approval as listed in the staff report dated 04/20/2026. And I propose that it does, or I believe it does comply with all of the required elements of the statute. The circulation plan serves the map area and the areas surrounding it for sure, in my mind. It also has a community character which is consistent with the purposes of the TSD and the proposed development standards and design guidelines are high quality transit oriented design standards including the use of high quality building materials.

Great. Thanks Lisa for that motion. Who will second it?

I'll second.

Okay Susan, I'll give that a second. All right, let's put this then up to a vote. So we'll start with you. This is on the MEP for a positive recommendation. Lisa, how do you vote?

Yes.

Susan?

Yes.

Mary?

Yes.

Christine?

No.

And Laura? Yes. Okay, that'll move forward with a positive recommendation. Next on the list, we've got our zoning text amendment. Who wants to make a motion on that?

I'll make a motion.

Go ahead, Mary.

I move that we forward a positive recommendation to the City Council for the zoning text amendment requested by Keith Hansen of AE Erbia representing City Center Draper Holdings LLC application number 2024Dash0456DashTA based on the findings for approval as listed in the staff report dated 04/20/2026.

Thanks, Mary. Who will second her motion?

I'll second it.

Okay. We'll give it to Laura. Alright. Let's go ahead and put that then to

a vote.

So, this is for positive recommendation on the zoning zoning text amendment. Mary, how do you vote?

Yes.

Laura?

Yes.

Christine? No. Lisa? Yes. And Susan?

Yes.

Alright. And finally, conditional use.

I'll make a motion on that.

Okay. Go ahead, Susan.

I move that we approve the conditional use permit as requested by Keith Hansen of AE Erbia representing City Center Draper Holdings LLC. Application number 2026Dash0028DashUSE based on the following findings of approval and subject to the conditions listed in the staff report dated 04/20/2026.

Thank you, Susan. Who will second that motion for conditional use permit?

I'll second.

Thanks, Lisa. Okay. Let's put that one to a vote then. Susan, how do you vote?

Yes.

Mary?

Yes.

Sorry. Lisa? Okay. Lisa, yes. Christine?

No.

And Laura?

Yes.

Did I miss anyone on that?

No.

Okay. All right. So good luck with that. Congrats for now. And then good luck with City Council. Thanks to the team for showing up. Yep. All right. Let's go ahead and move out to agenda item number 1E as in echo. This is also a public hearing.

This is the Shadow Crest Cove preliminary subdivision plant conditional use permit request. It's on the request of Brooklyn Chatzi representing Ensign Engineering and Draper seventeen hundred LLC. It's a request for preliminary subdivision plat approval and conditional use permit approvals for fencing over six feet in height and for a gate or a gated entry on approximately eleven point six seven hundred acres. It's located at approximately 12096 South And 1700 East. It's known as application twenty twenty five-one 180 five-sub, twenty twenty five-two eighty nine USE and 20204 And Todd Draper is our contact. So go ahead, Todd.

Alright. Thank you. This is a piece of ground that you may remember over on 17th East. It's kinda been before you a few years back for a rezone to the RA two. It was owned by Canyon School District, then the city, and now by the applicants here. Well, I guess, by the Draper seventeen hundred LLC applicant is actually their engineering firm. So

this is just

the as you saw there, the vicinity and then the aerial, it's vacant at the moment. The land use is residential low medium density and that coincides with that RA2 zoning that's in the neighborhood. So I'll kind of go through these a little bit differently, but we'll start with the preliminary subdivision plat. 18 lots, you

can

see from 126 South coming in, kind of bifurcates with, cul de sac on either end. And then the lots are just kind of around that. There is a, parcel here, on the West side that, will be due to the city. They've already started and gone ahead with, some of the storm water, storm drain improvements in that portion. There'll be there's an underwater or underwater underground gallery that collects the water and puts it in.

And then they I mentioned the staff report as well. There was overhead power line that's already been undergrounded as well in that area. So with the subdivision preliminary plat approval, do have a couple of minor things they do need to fix with us as staff, but they're relatively minor. One is that there is actually a gas easement That's an old one that kind of runs through the middle of a few of the lots. Gas company actually released the easement and vacate these months.

They do need to show that it's there, but they've released it. So there's not an issue with building on that area or anything like that. It's just not shown here, but they'll need to make that correction update with the final plat. The other thing is just the street tree plan. And then you'll see some of the additional landscaping they want around the gate. It will be a gated entry, and that is the conditional use permit aspect. Two of the tree species they selected are not on the street tree list. They just need to replace them with one that is on the street tree list. So that's another minor fix. There's a couple of other typos and we'll have them fix them.

Then I know they have submitted, some new documents and plans to me. We just have not had a chance to review those, after getting this to, this meeting. So as far as the conditional use permits go, again, site plan, very similar. The one condition is permit, of course, is for the gate. It does meet our code for how the gate needs to be laid out.

It does not block the pedestrian access, which was very important and it's kind of hard to see here. But the sidewalk will be moved out and around some of the pillars there and I think I have another slide with that. If not, it's in the staff report, I know. And then, oops, sorry. And then the fencing, for most of it will be a precast concrete fence, six feet tall.

But when they come to this eastern side, there's some existing fences of the neighbors that are a little bit taller. And they would like to be able to kind of match that to some degree. And I'll just kind of go through those a little bit here. They don't exactly match, but they're close. And so this is kind of the product they're looking to do, and that would kind of explain a little bit of what they're looking to do.

This, of course, isn't that taller height. But it will step up and then kind of up as we go from north to south there. This is a little bit exaggerated in the fill. And we have worked with the engineer to not bring that grade up quite as high as I think they were initially looking at. And so that will actually help some as well.

So these are just kind of those fence panels. It probably looks skinnier and narrower than in this kind of engineering detail, but this will be that portion of fence at that corner that's out along the street. And then it will turn the corner and for about the first half of it, this is kind of what that would look like. You'll see that they've tried to kind of show where maybe a neighbor's fence will actually maybe show through a little bit. The neighbor's fence may be a little taller than this.

At the tallest points, there is 10 feet of exposed fence, which is our limit. And so they're just going to do that off of their grade and not worry about what the grading is with the neighboring properties. And then kind of the same here, you'll see a couple other areas as we go still along that to the southern corner, couple other areas of neighbor fencing they're looking to just kind of stay in line with, but some of that will kind of be still taller in a couple of points. And then it's kind of hard to tell right here, but they will turn the corner and then there will be a little bit coming back down this way. So this again is those gate plans.

As you can see, this is the, shows it a little bit better than the large overview. But yeah, the sidewalk will come around those gates and the pillars. They'll complement the rest of the fencing that will be around the perimeter. And then the gates will be a double swing on each side. So you'll see that they'll swing out.

They won't impede pedestrian or other traffic. And they do have all of the fire department knocks box, all the things they need for the opening and closing of the gates. And that's just another rendering there of what they would look like. And then just a few site photos. This is kind of from that same corner of 17 South, 126 here looking kinda towards South, Southeast.

And then other end of that, looking back towards, the North Northeast. And then looking down a Hundred And 26th here. And then from here, and then you can kinda start seeing a little bit there where that that neighboring fence is. And then I kind of have one looking down. So you can kind of see where the neighbors built their fence, and they're going to kind of build up to it as well.

And that's just so that they can have more uniform fencing design throughout the subdivision that they're building and that they won't worry about what's going on with the neighbors and their fencing. Are there any other questions on that or on anything in the staff report that I might not have touched on? Thank you.

Thanks, Todd. All right. Is the applicant here? Yep. You want to come on down, Ryan? State your name. My room cleared completely out here. You're the last one. Look at that.

I know.

It's kind of disappointing.

No audience for you.

I know. Ryan Button. I was a little disappointed we couldn't do Russian Olives for her street trees, but what what do we do? Just kidding. That's not what I wanted. I don't really have anything to add much. We're super excited about this. We've been working on this with the city for quite a while. It's looking really nice over there. The city and I have been working together, got got the storm drain system all in over the last, oh, wow, about eight months.

So that's been quite a process. We buried all the power lines across there. We didn't have to do that, but we really wanted to set the table and make it look nice. The city just got 17th East and a portion of 126 asphalted a couple of weeks ago, and it looks so much better. Added curb and gutter to a bunch of areas there that didn't have it before. And, yeah, you can see on this photo here, all the power lines down. If you saw it before, there were tons of power lines crisscrossing the road to all the homes. And so we were able to work with each homeowner and disconnect it from their home and get it underground, which was really a nice it just looks so much better. So we're really excited about the project overall. And I'm, again, happy to answer any questions that you have here.

Well, pretty straightforward.

We buried the detention so a bunch of the water can actually percolate into the ground. And we don't have

I was going to ask you what water features you're putting in, but I I didn't didn't dare.

No, it was quite a process. That'll be nice. I'm not a big fan of unsightly detention ponds. They're in every city, and they're full of weeds or full of rocks.

Well, now what's happened is the kids will ride their e bikes through them and scar them up pretty badly. So

I'm a big fan of going underground. It is more expensive, but overall, it's nice. Good to know. Okay, we'll

go ahead and open it up for public comment and invite you back up. I'm going to put my money on that seat right up front there. This is a public hearing. We'll go ahead and open it up to public comment. Who would like to address this agenda item? We see no one, so we'll go ahead and close the public hearing portion. Commissioners, what do you say?

The report is really good. I thought it covered all the possible problems. Does anybody want to talk about anything? No? I'll make a motion on the preliminary plat.

I move that we approve the preliminary subdivision plat as requested by Brooklyn Chadsee, representing Ensign Engineering and Draper seventeen hundred LLC for the Shadow Crest Cove Subdivision Application twenty twenty five -one 185 SUB based on the findings and for approval and subject to the conditions listed in the staff report, the conditions and requirements listed in the staff report dated 05/05/2026. And then once the identified corrections that are made in the preliminary subdivision plat, the application will meet all the applicable city ordinances.

All right. Thanks, Lisa. Who will second that?

I'll second.

Thanks, Mary. Let's go ahead and put that to a vote then. Lisa?

Yes.

Mary?

Yes.

Susan? Christine?

Yes.

And Laura? Yes. Okay. Do we have another item on there,

We have an entry grade gate and a fencing.

Two more. Okay. Let's go ahead and hit that those two. Hit the first one there.

I'll make a motion.

Go ahead, Susan.

I move that we approve the conditional use permit as requested by Brooklyn Chad C representing Ensign Engineering and Draper seventeen hundred LLC for the gated subdivision entry application 2026Dash0064DashUSC based on the findings and conditions of approval listed in the staff report dated 05/05/2026.

Great. Thanks, Susan. Who will second that?

I'll second. Oh, sorry. That Go ahead, Mary.

To Mary. Sweet. Another point for you. So, okay, let's go ahead and put that into a vote. Susan?

Yes.

Mary?

Yes.

Lisa?

Yes.

Christine?

Yes.

And Laura?

Yes.

Okay. And finally, fencing CUP.

I'll make a motion.

Go ahead, Mary.

I move that we approve the conditional use permit as requested by Brooklyn Chazzy representing Ensign Engineering and Draper seventeen hundred LLC for the construction of fencing between six feet and 10 feet in height. Application 202089 USE based on the findings and conditions for approval listed in the staff report dated 05/05/2026.

Thank you. Who will second that?

I'll second.

Thanks, Lisa. Okay. Let's go ahead and, vote on that one. Mary?

Yes.

Lisa?

Yes.

Christine?

Yes.

Laura?

Yes.

And Susan?

Yes.

Okay. I think that tackles all three. Congrats on that. Good luck. So we appreciate you staying late. Thanks. All right. So we've got one more on the list, guys. It's continued. This one's continued. Oh, let me see here. Oh, look at that. Continued. In bold letters. Thank you. All right. Do we have any other business? Yes,

we do.

I had my gavel ready and we're almost We ready to

do have company here. I So don't know if you want to introduce 2A item or if you want me to.

Yeah, let me go ahead and do that. 2A, let me introduce this other business.

All

right, discussion item, zoning and subdivision code update. This will be a work session. Then we'll also have coordination between city staff and planning commission as needed. Let's go ahead. 2A.

Okay, so we have our consultants from Household Levine here, John and Hema. They have been helping us rewrite our zoning code. They'll kind of go through some of the history. But we've met on this before. It's kind of been an ongoing project for a couple of years now. We're here to go over some proposed changes for a few chapters, uses and zoning districts, get your feedback. Then we'll go to city council and get some feedback from them, open up for public comment as well and revise based on what we hear back.

At that time, tonight's just a work session.

Correct. Tonight is a work session. We want your feedback. We want to hear what concerns you have, what changes you'd like to see, if you think we're missing something. Yeah. So I'll turn it over to Joe.

All right. Thanks for having us here this evening. It's a good good night to go over some our first chunk of the zoning ordinance. I'm John Haussiel with Haussiel Levine. With me is Hayman Dunneke.

She's been really running point to point lead on this project internally. We were here before, as Jennifer said, but it's been a while, over a year, a year and a half plus. We've had a few hiccups along the way. State legislature that seems to be kicking out some new stuff on a regular basis that we are dealing with as it comes out. The lead for this project, Jackie, who, if you remember, when she was out here a while ago, is now a mom and has decided to put her effort into that career as one of nine kids.

I applaud that effort. I'm a big believer in families, so I think that's great. And then with the adoption of your Town Center Station area plan, we put the overall zoning ordinance on pause to focus on some amendments specifically to dovetail with the implementation of that plan as it was recently adopted. So a lot of things along the way that have caused pause in terms of momentum externally, but internally, we've been doing a ton of work, and we're gonna go over some of that this evening. So, we're gonna be going over, two different chapters, the base and overlay districts and new standards, and we're gonna be discussing just briefly what the next steps are going forward.

Again, this just to get it on the record, you know this, I know, as a planning commission. It was last updated, the zoning ordinance to us in 2001. That was twenty five years ago. Since then, you guys have doubled. That is impressive growth.

You're one of the regions that has really caught fire, and it's even been accelerated post COVID when people realized they could work for an insurance company in New York and live someplace as beautiful as here. So a lot of people moved as a result when they realized that, virtual work was a thing. We also are responding to implement moderate income housing and stationary plans in response, to local planning efforts and state legislation and to align this new code update with amended state laws that have been coming out. We look at zoning as a way to implement plan or vision or community aspirations. So we look at your general plan, your moderate income housing plan, Midtown Center stationary plan as recent documents that sent the policy foundation for Draper.

Alright? It's not regulatory. It does not dictate what you can do. But even in staff reports, one of the slides they show you is a land use plan designation for a parcel, then they show you the zoning. Right? Because it should ideally be compatible with both of those and consistent. The next thing is zoning and subdivision codes, which is the law of the land. It's what you can do with your property, what you can't do with your property, how you can use and how you can develop or build your property. And then someone who wants relief, whether it is a home baker who's looking to start a new home occupation with delicious baked goods or someone who looking to put in a surfing facility on the West Side of town. People don't engage with the zoning ordinance for fun.

I think when she came up here, she said, I really didn't know much about this, so I came to a couple of meetings. That's more than most people do. Most people don't come to meetings to see how it's done. They engage in zoning when they have to, and that's usually when they have to get some kind of relief for what they want to do, a text amendment, a variation, a conditional use, something. Nobody engages in zoning for fun except for maybe, Jennifer and Todd, Todd, myself, and Hema, and you guys, but you volunteered for this. So, you know, be careful what you volunteer for. But most will only engage in zoning when they have to. So the code has to work for everybody. This is the scope of work. There's seven different steps.

One through three have been completed. That was initiation community engagement where we talked to stakeholders, builders, local architects, residents, commercial developers to find out what was and was not working from their perspectives. And then we did a preliminary recommendations report. I think that was since the last time Jackie was out here, and that is where she discussed based on our assessment, discussions with you, discussions with staff, what we thought the main things where we had to try to tackle as we took undertook the, update of the code. So but over the last year and a half, like I said, we haven't been idle.

We have biweekly meetings or bimonthly meetings with staff. So every two weeks, we are on the phone with staff, with Hema, with others in our office, myself, and then the three that are over there right now. So Todd, Todd, and Jennifer. Fastening, you have two Todd's, and one of them is the name of the city. I just think that's remarkable. But what we're here today for is districts uses and standards. And the best way to think of zoning as we get into the next few months is zoning is most readily broken down into three chunks. Alright? It's it's not complicated. The first piece is the piece most people think of when they talk about zoning, almost everybody does, is what can I do with my property, and what can I build on my property?

It's that intuitive. Right? So it is the uses that you can use on your property, on every property, depending on the district, and it is the rules by which you can develop your setbacks, your height, your pavement, your lot coverage, things like that. Right? So district standards and district uses. That's the first chunk of a code, and that's what most people know about. The second chunk of a code can best be described as design or development standards or rules of general applicability. Parking lot design, landscaping, lighting, these are things that are not necessarily district specific. If I'm putting in landscaping in a parking lot, does it really matter if it's b one, b two? It doesn't matter.

It's a parking lot. So what are the design standards for parking lots? So these are standards of general applicability. That's the next piece of a code, and it can be complex. It can include lighting. It can include signage. It can include lots of different things. The next chunk of a code is how people engage the administrative pieces. How do I get a variance? How do I get a special use? How do I go about getting a text amendment to get a use in the ordinance that currently isn't permitted and or conditional, right, in a text amendment? So this is how people engage the code. Right? The rules, the procedures, the processes, the application requirements. Those are the three chunks, districts, standards and uses, general design and development standards that are generally applicable across the entire city, and then the rules by which you engage zoning within the city.

Those are the three pieces. Tonight, we're gonna be going over the first one, district uses and district standards. In the upcoming months, we will be delivering drafts of the other three chunks or the other two chunks. So this is a chapter. I'm just gonna do introduction.

Hema has the hard part. She's gonna walk you through our proposed changes that we've discussed and refined working with staff on calls every other week and drafts that they've reviewed, given us their comments, and that iterative cycle has gone back and forth till we got to the point where we find comfortable proposing to you today. So a little bit of overview of this. Some of the key things, and Hema's gonna go through this in just a little bit, but we've, endeavored to sort of streamline your existing zoning. For instance, your residential districts, three of them got collapsed into one, and we'll go over what those were.

A lot of your districts are very, very, very similar with very minor changes. And with improved standards, you don't need three different districts, and that's even more so in your business districts. And we created one new residential district. We took your 13 commercial districts, and we reduced it to six. In commercial districts, we had a lot of overlap and a lot of things that were very nuanced differences that with recalibrated standards in the six that we chose to have, you didn't need to have 13 different ones.

That's a lot. The two public facility districts were merged into one. That's another one we didn't feel it was necessary to have two separate districts. And most of the zoning and standards for the district's uses and standards was just carried forward. You're doing a lot well as evidenced by driving around this community and seeing what's been built and what's being proposed and being built.

So there was a lot that was is being done right here. And we're not looking to some draconian change where we're just throwing everything out and starting over. Totally unnecessary. We wanna be more surgical to calibrate, to dial in to new development trends, and address some of the issues you may have had going forward or to right size or align regulations with current or recent planning endeavors and things coming out of the state capital. But we did not throw everything out.

In fact, in the district section, a lot of what you have now carried forward, and we think that's important. It is establishment of districts for bulk and dimensional standards. We endeavor to try to create as many things in table format as possible. It is infinitely easier to rezoning ordinance table as it is to flip back and forth and back and forth and back and forth among pages that are often contradictory or not organized well. So you'll see a lot of tables in ours.

And then, again, ultimately, what we try to do with these districts is to align with your general plan. The zoning ordinance's primary function is to, besides delivering a cell safe, attractive public health safety and welfare regulatory control for the city, it's to align with your city's vision and the future of the city. So that's what we endeavor to do. With that, I'm gonna turn it over to Hayman. She's gonna go over the existing and the proposed changes that we had before you. So and I guess before she starts, this is not your only bite at the apple. Right? And we're gonna be throwing a ton at you, and zoning is pretty technical. Think of this presentation as an orientation. Right?

Once you have this, you'll better have a understanding of what it is we're proposing, and then you can go back, home and chew on it on your own. You can soak it in, take it in, noodle on it a little bit. So don't think of this as I got to get it all in now. It's just an orientation. With that, I'll turn it over to Hema.

Hi. So John already gave a good introduction of

Hema, can you move

the mic down?

Oh, yeah. Thank you. Sorry. All right. Much better now.

So John already gave a good introduction about where these proposed districts are coming from, how we streamline them to make sure that it's easy for everyone to understand what they're looking at. So just kind of wanted to give you a history about what you see on the right side, like why we proposed this versus why we kind of eliminated, consolidated, or kind of created these new districts. So it's been a long time, but Jackie and I was here to present the preliminary recommendations report. In that report, we did the research about from your general plan, we looked against your proposed land uses against your existing zoning districts. So we found out some of the misalignment between those to make sure since the general plan was recently adopted back in 2024 and your zoning code is from 2001, there was definitely a misalignment.

So to make sure it aligns with your long range plan, we combined or eliminated or cleaned up some of these districts. So the first one is agricultural zone. Nothing has been changed on this zone apart from including residential zone as a part of a five agriculture because it makes sense to include that in it as per your general plan recommendation. We have just cleaned up the names to make sure they're actually talking about the very low density versus low density agriculture zones. In residential zones again we have not changed anything in our A1 and our A2 districts just add a numbers to it just so it's easier to read.

Again you have three single family residential district. This sounds like they're same, but they aren't. We revised the names to make sure they really align with the purpose statement. So whenever the applicants reads it, it's easy to understand that, hey, yes, this is suburban means it's the lowest density of all three districts. So just making sure it's easy to read, easy to understand, and easy for staff to also review the applications.

So the RM1 and RM2 are your existing districts, both of them doing exactly the same job of allowing the multifamily. So we combined that district into one MFR district. I have more details about what that district has been doing now in the proposed code, but I'll go over that in my next slides. So the MXR is again a new district that's coming from the general plan recommendation. I have one more slide for that.

I'll go into it later. Commercial zones. So we found out that you have currently many commercial zones. Most of them are doing exactly same job, especially if you're looking at the CR regional and CN neighborhood commercial. Those have been consolidated to make sure that we are allowing less number of districts and it's more easier to read.

Whenever you look at this district in the zoning map, you see too many zones and it's just really difficult to read. And if they're doing exactly the same job, it makes the reader's job difficult to understand why I'm looking at two different things. It's just more easier to combine them. And again, I would like to say that this is coming from the report that we looked at. So this is not something new that we invented. This is all coming from the report. So there is a real story and real research behind this. Also wanted to highlight that your MARF District and TC Town Center District is located in your base district commercial. But they are not actually base district. They are special ones.

Like they have their own regulations. So it makes more sense to relocate them into master plan development chapter. That's a different chapter we have where all of your MPDs, all master plan overlays and all master plan based district including the legacy ones are included together. So it again making that base code versus overlay easy to read and understand to reviewer the applicant. The next one we have is public and open space, not a big change on that, just made sure public facility and PI public institutional are combined because they are exactly doing the same job.

So it makes sense to only have one district apart from having two. In manufacturing zones, we haven't changed much. The zones name have retained as they are. We have just cleaned up the regulations around them, including the purpose statement. In overlay zone you see some of them are missing because they are, as I mentioned, some of those are going to be moved to master plan development as they are master plan ones, not like the overlays, but they have their own special set of regulations.

We haven't made any change to hillside sensitive land, just made sure the name is clear to the reader as well as the historic landmark. The new two district you see is ORI residential infill and OAH affordable homeownership. Those are coming from your master plan recommendation and one is coming from your state regulation recommendations. But we can talk about it in our next slide. This all is just giving you an overview of how we cleaned up, how we proposed, and made sure everything just looks easier and easy to read to everyone.

All right, so this is like a detailed slide that goes into what bulk and dimensional standards are in those residential zones that we just talked about. So we combine so in your existing code, most of these standards including what you see on the footnote and purpose statements are scattered in different places. So in the proposed chapter what it is doing is everything is combined in one table. It's just easier to read. It just makes us very less stressed like just to when you look at it, it's stress free.

There is not too much going on. So when you look at the existing code, it's scattered all over. So what we did is making sure the tone of the language in the notes is easy to read for everyone. And the purpose statement aligns with what you have in your general plan and what we found and actually connects with the purpose of that specific area. So we made those cleanups.

The highlighted things you see is the proposed change. The non highlighted are the existing regulation retained as they are. So you see the RA1 has been revised to 90 feet. It was 100 feet earlier, but we revised it to 90 because that's what we found when we did the data analysis through the GIS. We saw that many of your existing RA1 parcels are actually 90 feet wide not 100 feet wide.

So this is making sure that many of your lots getting conforming and moving forward they're aligned with what you already have in your community rather than giving something that's not in the community character. So goal of this whole table is making sure we are creating development that's aligned with the existing character and fits the neighborhood scale. We just revised the building coverage for the RA1 from 35 to 30 because that's the lowest density one. And it's again not a big change, but also again creates kind of a variation between these two low density residential districts. Any questions so far?

Awesome.

All right,

moving on to MxR. This is completely a new district. You don't see this in your existing code. One of the big change we did in this proposed code is that establishing all the housing types. In your existing code, there is only one fit to all multifamily use.

There are no middle ones included. It just says two unit and then multifamily. So it's a little bit difficult to understand and currently there is no zone that captures that missing middle home. So we propose this Emixar Residential district which aligns with your general plan because it says that the city should have more housing near the transit, the commercial, and employment hub. For example, where your infrastructure is already there, so we are not pushing out the development outside, but we are inviting it inside through this.

And also, again, when you have these different types of housing unit and their regulations, it gets so easy to read and understand, especially the two unit one. You currently have duplexes and twin homes in your existing community, but they are all allowed as a blanket statement two unit. There are actually two different types of legally approved units. They're not just two units. So we just made sure we create a differentiation in that and create regulations around

it.

So since this is a completely new table you don't see any blue highlighted thing. Is just new proposed one. Okay, so MFR multifamily residential district. This is mostly your existing one. As I mentioned, the RM1 and RM2 have been consolidated into one MFR district.

This is your one multifamily district that again allows all those missing middle plus more density with those clear regulations. Currently, for example, the multifamily building says one acre. This 40,000 is again close to one acre. But that's fit to all. But what we are doing is we are proposing the variations in what types of lot area, lot width, and the yard setback regulation you need to have for different type of development.

We kept the numbers as close as possible to your existing code because most of them work well. And we also want to make sure that what we propose in future aligns with and fits into your existing character of the neighborhood. So we are adding more housing but making sure that it aligns and fit into the scale. The next one before jumping into the overlay district, any questions on the base district so far? All right.

So this is, again, you see a completely new overlay district. This is not in our existing code. This is coming from the master plan recommendation that you're supposed to have infill overlay. So what this infill overlay is doing firstly? It's creating that transition between what you have in your single family and multifamily.

So infill, after proposing this, this is not giving developer a chance to allow this everywhere. If they want to include the infill overlay on top of the base, then only it would be allowed. For example, the base district below this overlay would remain as it is. If applicant want to proceed with that base zone, they can keep that. But if there is an infill opportunity, for example, the parcel is close to transit area and it is underutilized, it is vacant, so the staff would see that there is an infill opportunity there.

So that's when this regulation would come into the picture. Otherwise, the base district would still remain as it is. All right. So next one is affordable homeownership overlay. We put a lot of efforts into creating this one with staff.

This is mostly coming from your the new house bill that was passed back in 2025. So just kind of want to give you some history about this House bill because there is some confusion. Just want to make sure that there is a clarity about where this is coming from. So in the general plan since it was adopted around that House bill passed, it has those strategies that talks about moderate income housing. So that's what we are proposing through various districts.

But since this new house bill 37 was passed in 2025 that talks about how the developer can add a density bonus or some intensives, the general plan doesn't have it. But again, the House Bill doesn't say that you need to include it. This is mandatory. It's not. This is an option.

Where staff and Draper is allowing this through an overlay district so that more parcel can get qualified to have those starter kind of homes. So it's kind of like attracting the developers, applicants. Like we give you more density, more intensive, but it would be good to have a little bit of affordable housing units in a specific area where it really makes sense. So what we did is we divided the regulation between two places. The first talks about the single family residential having more started home kind of ownership towards the single family residential district and one around multifamily.

So if the developer includes affordable homeownership overlay, they can get double the density. The next is it's giving you an overview of what it looks like. I know it's like a lot of numbers, too technical, but this is all coming from the state code. So what we did is how it qualifies. The qualification for single family and multifamily units is exactly same.

But single family can pick one of these qualification. For example, the 60% units should be owner occupied for at least five years. Or it could be 25% of your unit could be 16,000 square feet. What this is doing is this is giving opportunity for those started people who are looking for those started kind of homes to buy homes in these districts. So we are like inviting more people and giving them opportunity to have more housing diversity in this area.

And since the multifamily can allow more, we say that you can have all four options. We give you double the density. And we also give you some extra incentives. So we are encouraging them to include this and also giving relief from some of the existing some of the proposed development standards. So we will also have a development agreement around this.

This is going to be like a legal binding document to make sure that they really propose this and it stays forever with that specific development. So this is going to be development to development. Again, I want to highlight that this is not going to be like new zone. This is an overlay district. So the base is going to stay as it is. But this is giving an opportunity, an option to the developer that they can get more density for this affordability.

I have a question about this. In our general plan, did we include these as options? I can't remember what the options were for the affordable homeownership that we provided.

So the general plan doesn't have this option because this was recently passed. The general plan was adopted before the bill was passed. So these options are coming from House bill, not from the general plan.

We talked about some ways that we would do affordable homeownership, though. Didn't we put those in our code?

Feel free to chime in any anytime. So the state law has set of strategies. I think it's like 30 strategies that we can choose within our moderate income housing plan and our general plan. We have selected five? About I think there's six that we've selected.

This specific one was not included as part because it was added to the state code in 2025. So we haven't amended our our modern income housing plan to include it. The state, after after governor Cox decided to, well, to champion starter homes, the state started looking at, okay, how do we how do we increase starter homes and actually achieve this? So they amended state law to allow cities to adopt this type of zoning that gets affordability, gets smaller starter homes, and those density bonuses is the they give for the developers in exchange for the starter homes and the affordability. We're not required by the state to do this, but we think it's a great idea to have as an option for developers if they do want to come in and request a rezone for this overlay to add it to their property.

I just don't

see that we look really carefully about at the neighborhood, the area around a lot or a place where a developer is working. And increasing the density in a single family area, I don't think our neighbors the neighbors are going to like that even if it is affordable. And it would cause pockets maybe that wouldn't meet within wouldn't match the areas around it.

Yeah. And one thing with the overlay is they would have to come in and request this zone. So it would go through that public hearing process, recommendation from Planning Commission decision by City Council in order to rezone a property to the overlay and incorporate that base zone. So there is still the option to look at the individual properties to determine if it's appropriate or not.

Okay. So we still have review. We don't just have to grant it. Correct. Right? I'm also worried about the high density offer of less parking. The veranda area we were looking at tonight, there are people parked on the street all through that whole area. That busy road is just packed with cars. And they're not in the lots, They're on the street. And so I'm just horrified about reducing their requirements for parking.

If I can, Commissioner Fowler, you've hit the nail on the head in terms of the issue that many states are facing right now. Most communities are facing housing issues of some kind. Right? It it's probably the most universal issue we address in planning and zoning across the country, and we're active in about 33 states. Every state is for the not every state.

Many states for the first time are getting into the zoning and regulatory around housing where they never used to. It used to be municipally controlled and decision making. That's beginning to change. And some much more forcefully than even here. The challenge is when you talk about affordability or attainability for housing product, it's single family or multifamily or missing middle, is bridging that financial gap to make something affordable versus market rate.

One of the few ways to do it, and even then it's not impossible but very difficult, is density increases. In cities, it's height. And in areas that aren't in cities, it's a little bit of height, but density, just smaller lots. Affordable housing shouldn't just be small apartments. But what about a young family starting out? They have a dog, some kids in the backyard, whatever.

But lot size is certainly it.

Correct. And even then in most communities where you even have these offers, developers prefer to do the larger, bigger versus the many smaller, lower price point because it's still more profitable from a developer standpoint. But the one regulatory offering you have without getting into the financial incentive game, which cities are not in a position to do for the most part, is to offer some sort of consideration for density. And it's not to mandate it, but to offer it as an option to be considered where before it wasn't. So these overlays are something somebody can propose and then come here.

And like any applicant, the onus is on them to make the case for consideration. We've simply put in place a vehicle consistent with the state's regulation that now has a regulatory option or method in place to at least consider it in a controlled way. So that's the best way I can articulate what we're trying to do.

Yeah, and there'll be some areas where that works, where the option fits. I just don't see it very much.

Do you Well, mentioned one thing that is I think it's an abuse is a developer is going to come and say, hey, I want to make affordable housing so give me these 30 units per acre instead of because I'm going to make them affordable. They're all going be $699,000 for starter homes for Right. Very affordable. And you charge that because draper dirt's expensive, guys, so we've got to do it this way. So that that's the I just don't see I never see anything in and bless governor Cox for trying, but I don't see anything that that works because it's the dirt.

If it's east side dirt, it's supposed to be more than west side dirt, whatever. But but it's it's the so if you go back, where's the where's that? I think it's back one slide.

Was it back or the next Well,

where they had all the incentives for where where's the one where it's like thirty days? The next slide. 6060% have to be owner Yeah.

For five years, whatever. That Yeah.

This this kind of stuff right here. So help me understand that because that's probably the most eyebrow raising for me. Is that

So these are the standards that are in the state code. So those are pulled Yeah, but that's directly fine. From the state

thank you. So what is what I say because if you put all this in here, help me understand how that's going to happen. So in exchange for high density, the developer is going to promise these bullet points. Is that what I'm seeing? And we're offering this saying, hey, if you want the high density, we'll let you have it. Your consideration in exchange for getting the high density is this. Is that what we're saying with this? Yes. And we're proposing. And we don't Okay. So let's say that exchange goes between the developer to the planner. It comes here, and everybody poo poos it. We're mad about it, and everybody says no. What's so what? Now what? We can still do that.

So when they come through for the when they come through for the overlay rezone request or or zoning request. I keep saying rezone, but it's gonna be added to the base zone.

The zone's already there.

When they come yeah. When they come in for that, that's the opportunity to say, no. We don't think this fits in with for this property Who says that? Area.

You say?

So they'll have to zone the property to this overlay zone. That'll follow the same legislative process every other rezone does. So that'll go to you guys for recommendations, city council for a decision. So that's really the opportunity to say that these types of density bonuses aren't appropriate for this property.

Well, would say yes to it every time. I'm not trying to hold on to my power. Okay. This isn't the power.

But like, yeah, example, though,

my example, the It doesn't fit anywhere. Doesn't fit anywhere. It's all high density. It's almost like we can get rid of RA1 and RA2 because we don't have any dirt left, right, that would ever go that way. It's all going to be your RS, UF, MX, whatever.

And so I mean I'm being cheeky about this, but this I would say yes to every time because I've never seen any stipulation on a developer to do anything other than give them high density. So I do like, it's encouraging, but again for it to come here, it's almost like I'd like to see that more, I don't know, not mandated or forced, But who's going to say yes to this in a neighborhood to say, yeah, that'll be great because I care so much about affordable housing that I want 30 units per acre next to me so that I can have 60% owner occupied for five years. I don't think a neighbor is gonna give a hoot about that. And yet do you see what I'm saying? That's how that's how it'll really play out, and that's why we've never seen it.

And great for House bill, whatever. Great for on high for the state to push this. But there isn't, in my opinion, there's not any teeth. If we just say no, no,

no to all this Where's

the teeth?

If you give me a minute, I can I'm gonna look up the actual bill. Yeah. Because I we're we're pretty sure the state actually provided a definition of what that affordable price is.

Oh, wow.

So they've actually set so it's not just somebody saying, we're going to have these 25% of them are going to be affordable prices.

That's classic legislature that's amazing because they're going to say they're going to say you know what the price is going to be $399 great okay but a piece of dirt and draper here cost 100,000 more per acre than it does in Bluffdale and then $200,000 more than maybe in West West Jordan. So that's great.

Well I think it's based on median income.

Oh, yeah. That's another crazy thing too when we hear what the media Yeah.

So I think that's what it's based on. But, you know, for like go back to that. Sorry. The single family developer chooses the one because you only have to choose one for single family for five years, 60% owner occupied for five years. Five years is that fast.

Correct.

And then it's gone and then

it's Well, that's okay. I mean, five that's and from a real estate world, that's actually really restrictive. Don't you think, Laura? I mean, five years is a long time to say, hey. You gotta stay. You either have to stay or has the owner occupied for that long. Right? I mean, that's actually really

But is that for is that per I mean it's just very

No, it's like, well, I buy it this year, next year I get relocated to California, but I can't sell it to anyone that's not owner occupied for four more years. That's pretty that's how that's I'm reading that.

And the challenge and what's playing out here just in terms of discussion and you're you're spot on, commissioner Adams. You're spot on in that. States and different states pass different types of legislation. I I often refer to it, and I'm not being derogatory, as feel good legislation because legislatures can then say

100%.

They're doing something about affordable housing or attainable housing depending on the state. It then gets passed the onus then gets passed on to the cities which can put in place different zoning relief to the extent they're able to even consider or provide a a mechanism for it to be considered. And even though the zoning often gets put in place and theoretically, it could accommodate affordable housing, in many cities, never affordable housing still never gets proposed because the bottom line is if it doesn't pencil out Yeah. And the higher the real estate or the dirt is in a town, the harder it is to pencil out. It's hard to pencil out even in a more affordable community.

It doesn't get proposed. It typically gets proposed in a place where there's a financial incentive, whether they get federal tax incentives or their developer. And there's some very good developers out there who specialize in affordable housing. They get the federal grants that is the pencil that subsidizes it financially so they can do it regardless of local, regulations. But the state doesn't really have any teeth to make it happen. They can say, here's legislation to promote it. Cities can put in place regulations to accommodate the request, but it often still doesn't get requested because it just doesn't pencil out. That's that that's the rub. That's the difficulty.

Yeah. Here's what here's what I'm thinking. So regardless of what the legislature wants to do, that's great. Let them feel good. And then the real question is, is there anything Draper can do or you've seen?

Because this is what's great about consultants is you're seeing more than just our little city here. So is there anything that you guys have seen that cities have done that's amazing like saying, hey look, because I can see why the legislature doesn't want to get into the municipalities pockets. They don't want say, hey listen Draper, you're not allowed to charge this impact fee and that impact fee and that's getting into our pockets. And then that's suppressive and then we're mad. But if we did it proactively saying, look, we're actually going to provide some real incentives and instead of it just turning into developer profit, when you let's say you know impact fees are $45,000 per acre and if you drop that down to $15,000 they'll usually say thank you very much here come look at our starter homes for $6.99 starting at $6.99, which is silly.

Mean, you're laughing because it's ridiculous. But if they had to say in exchange for these lower impact fees, need to have this. I heard something said and can I bring it up specifically who it was? It was Edge.

Edge Homes?

Yeah, with this big huge Kimball's development. And this is all hearsay, so this is not on this is but I heard in a sales meeting from these guys, we will be offering the so if I can just digress for a quick minute. So Edge will offer their condos and they'll say there's three levels. The middle is always open for investors. You cannot be an investor non occupant and buy an upstairs or a downstairs unit.

So they've self regulated that. But the reason I'm bringing this up is I heard from them that they said, we will be doing x number of units at cost for had a usually it's law enforcement medical. But it was way bigger than that. I said, good, because I have single moms that need to live in Draper that aren't either one of those. But there's a need. So they said, yeah, we're going to have 60% at cost. So that that now I heard this in a sales meeting. Now when it really played out, I tried to get into it a little bit here. Not not the case. So it was bull. Yes.

So so with the Kimball Station development, the development agreement with the city, they will all be owner well, sold as owner occupied. So Edge is not gonna be selling to investors. They won't be renting it out. They will be selling it to owners. What ultimately happens with the owners is up to the owners. And then there's 30 workforce housing units that will come out of that in partnership with Edge and the city and doing buy downs.

Got it. So that's the key. It's the workforce housing. So it's not bull. It's a real thing.

Yes. They are contractually obligated to do it.

Yes. Okay, good. So I've tracked that for the record it was not full. So it's happening workforce housing is what you're calling it. How did that happen and the state legislature didn't force us to do it, we just did it. So why don't we do more of that and does our new zone that's pertinent to this conversation does our new zone actually address incentivizing that way instead of governor Cox's way

so so that did come out of the discussions with edge when they were coming through the original development agreement seeking for the the project and the stationary plan. The fact that it was in the stationary plan area, I think, had a lot to do with that because the state's pushing for housing and affordable housing in the stationary plans. So that helped us accomplish that with that specific developer. With this zone, I mean, one thing and I'll say developers often say, cities, you have too much impact fees, your land's too much, you know, or you won't give us the zoning. Well, let's create the zoning.

The state's given us this great opportunity to create the zoning to allow developers to do affordable housing. Let's put it on the books. If we have developers coming in to actually create this type of housing, that's great because our community does need it. So it is an avenue. Now we did find the affordable housing definition.

So this is for this overlay zone. So for for seller owner occupied, it's at a purchase price affordable to households with a gross income of not more than 120%, the area median income for the county in which the unit is for sale. And then if it's for rent affordable to a household with a gross income of not more than 80% the area median income for the county the unit is for rent.

The county's too big. Yeah. It's too it's too diverse.

Yeah. And that is a I was gonna say that is a Illinois

does the

same thing. It's my county in aggregate over the county. I live in Cook County right outside of Chicago, and it's pretty nice community. There are a lot of cities in that county that are not, and you could never get

Never get the right calculation.

Some communities, you it like I said, it just doesn't pencil out.

Yeah. So it's fielded legislation saying, oh, look. We made it affordable for this $60,000 median income to come by a $699,000 store.

I anticipate with this type of zone, it'll be part of a larger development, mixed use maybe, or a city partnership, things like that to get the affordability.

Yeah. I I I think and again, you asked me about sort of what we're saying. Other communities, the only states that gone so far as to, like, get in and really take over municipal authorship of of approval is California. California has a thing called arena. It's a regional housing issue. And every eight years, they do a new cycle. And they have the ability to come to community. The state doesn't say, okay. Like, you're in California. Okay, Draper. Let's say you're a 100% built out. 50,000 people, a 100% built out, no available land. The state has deemed it that you have to come up with 3,600 additional units. You have to. And you don't have to see it built, but you have to put in place the planning and zoning that it would be that would accommodate that as of right.

No special approvals, no special use, no variations, or whatever. Zoning that would accommodate that as of right if it were proposed. And if you don't submit a plan that the state approves to show how you do that, we have the authority to come in and take over permitting in your city. And we will take over zoning in your city, And we will only consider residential if it's a minimum of 23 units per acre. Minimum. And so the state has this threat of a hammer to come in. So cities are passing these Yep.

Zoning Hearing that what you're saying is Hearing that, I wouldn't want that. That that cure is worse than the disease.

Yeah. And it's the

and like I said,

it's the only state that's doing that. Mhmm. But even in that state where they they put zoning in place and planning in place, in a lot of cities that are more affluent, they still don't get any developers' proposal because it doesn't pencil out. In a lot of commune there's a lot of states, what cities will do is they'll say, for a development of x number of units, 15% have to be affordable. And if you give us at least 15% of the units in your development as below market rate, then we'll give you some additional units at market rate to offset that. So that works in some cities to offset

That's what Kimmel did. They've I mean, how many workforce units will there be? 30. There's there's what?