Planning Commission - Regular Meeting

planning commission meeting on this lovely day of fe se February February 11th 2026. We're going to start with the pledge of allegiance. If you'll please stand up and repeat after me. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Last one. That was a good one. Yep. Thank you very much. Do we get a roll call? Chair Anderson here. Vice Chair Ericson here. Commissioner Tippetsz here. Commissioner Sn here. Commissioner Leki here.

Commissioner Edwards here. Commissioner Brocky here. Nice. We're all here. Did you get to review the minutes? And what's your vote on that? I make a motion that we approve the minutes of January 28th, 2026. I second. All in favor? I. Thank you very much. That passed. We're going to open this to a public hearing tonight. Darren Nate requests a zoning code text amendment propo propo proposing specific front setback requirements for city square center square center square listen to me tonight struggling just struggling

125 west street modifying various sections of midbell municipal code chapter 17-7-8 Jonathan will be presenting

thanks chair Anderson Um, so this is to the to zone. Um, if you didn't get the reference to 1778. Um, I'll go through it quickly here. Um, so the amendment is to a couple of sections in this um, particularly to single family, commercial, and then medium and highdensity um, development front setbacks standards. Um and then a couple other oddities throughout the zone to make sure stuff is consistent if this were to be approved by the council. Um the big change here um is just basically so um I'll skip to this page here. So center square um is probably most of you know of um just north of the center street track station. Um this is roughly what it looks like. So in question, this amendment would essentially um maintain the current streetscape as it is. Um there is a number of forms of perpendicular or parallel parking um off of the public rightway. Um we have a waterway that runs um there in front of the properties and then our ride ofway currently hits a couple feet um what is that? East of that. Um and you'll kind of see more of that later in one of the action items. Um but this essentially would make it so they can um build or construct angled parking which is consistent. Um we can't um allow perpendicular parking by state code um to back onto public rights of way. Um what currently exists obviously is not conforming to that. Um, anything new has to either be angled or parallel, which is the reason, um, parallel or excuse me, angled is is proposed here. Um, this would maintain the current sidewalk. Um, some form of landscaping in front of a building. Um, and then obviously a

building. Um, and the applicant is here. He does have a couple slides he wants to present to you guys um, on some stuff on this as well. Um, but as staff, we would find that it meets criterias one, two, and three. Um, sorry, let me look at my notes here. Um, it would just maintain consistency with the current streetscape. Um, if somebody were to build to the current standards, it would, um, create a a bit of a jumbled, um, streetscape there. Um, it would promote the purposes of Utah code annotated, um, as we numbered 1020101. And I'm reading from the staff report here. um providing fundamental fairness and land use regulation and facilitates orderly growth, allows growth in a variety of housing types and contributes toward housing affordab housing affordability. Um so yeah, and we would put a condition of approval on this. Um this would be our recommendation um with the findings um that it would move forward. it would be approved um on the basis of the vacation which is action item A tonight um is approved by the city council.

Any questions for me before I turn it over to Darren? I don't have any. So to clarify the location though it's be behind the quickpic correct. Yeah it would be it would affect all of the properties. So there's four. Um so the quick pick um there's this one which is referred to typically people call it the Masonic temple. Um this I believe is a dental office and this is salon dry cleaners. Um so there's four total properties that this would um affect in any form of if somebody wanted to come in and redevelop them. What about the appraisal report you sent us? Um that's for the next item. The next item? Yep. Yeah.

Sorry. It said A. Yes. Yeah. Action item A. Yep. Too many A's. Two A's. Yep. Anything else? Okay. I don't have any more at this time. Okay. Let's have our applicant come up and talk to us. Two slides. Okay.

Hi, Commissioner and Chair. Uh, thanks for your time. My name is Darren Nate. Live in Sandy. Um but so so for clarification, Jon Jonathan presented it well, but I just wanted to show some of the the challenges that this presented to begin with the code. So as you can see, that's the site. Um and typically the boundary of a site would end at the back side of the sidewalk and in this case you can see that it extends out which uh clear out into what appears to be the public rideway. So it challenges creates some challenges where um the code requires you to set back from the property line and in this case which would normally be the back side of the sidewalk. It's clear out into what appears to be the public rideway. So that presented some challenges. Um and this is kind of the way um it would lay out if I were to follow the code strictly. Um you can see that starting from the property line, I've got a landscape uh area there. Then you've got the sidewalk. Um, and then the building, you can see it just sticks clear out. The challenges I think it presents is it appears that the the building stick out into the public rideway. So, that's one of the challenges. Um, I think also that the sidewalk, you can see I've tried to tie the sidewalk in where I'd be required to put it. Um, and it creates some challenges where the the people would be walking right into like what looks like the front door or the window, right, of the unit. So, privacy is out the window. Um, and I think even a somebody walking down the, you know, a pedestrian might feel uncomfortable. They'd feel like they're in somebody's, you know, private, you know, land, you know, landscaping or their front of their yard or whatever. I think it also blurs the lines of, uh, the public and private uh, you know, spaces there. And I think maybe even encourage people to they might think they can cut into this property and cut through to to Center Street or something like that. So, I believe there's a concern of safety and everything else. Also considering safety, I think that people will start to cross um early right when they you can see where they come if they're

coming down the street on the sidewalk, they might cut through um if somebody's pulling into that uh parking stall there and the tree I'm required to put a tree there, they might not even see that person or they might try and across the street. There's just some some concerns there. Um also, you know, my landscaping would not be uh have continuity with the neighboring properties. it' be clear out there and just end abruptly. So, there's a few things there. The other thing that I think is as far as advantages to the new uh proposal. Um the the sidewalk and the parking now become private. No longer responsibility to the city or a liability for the city. It becomes part of our project. The parking goes from the three stalls required to seven stalls. And I know that's a big issue in this neighborhood. So, um, the visitor parking is what I'm require referring to, not the the overall parking, but that would, uh, alleviate some of that concern. So, I do think that this, uh, if strict compliance to the code probably isn't the best solution, and I think that what the city's come up with and, uh, the planning department has come up with is I really don't see another solution or a better solution, and I don't honestly see a downside from the city's perspective. Um, from my perspective, I think it uh, you know, creates a a better product. Um, there won't be any confusion when somebody's walking down that sidewalk. If we push it back, the sidewalk will maintain that linear uh, fashion and then it'll instead of uh, be stick out from the neighboring properties, it'll integrate to the neighboring properties. And I do think that the dentist office, it's I don't see that being redeveloped anytime soon. It's It's been updated. Same thing with the Quickpick. Uh that's been updated. Um the site's so small. I don't know that there's any re redevelopment possibilities with that either. So I do think that um I'm trying to integrate again with the neighborhood instead of be uh you know stick out which uh the only reason we would do that is we believe there's future development

that's imminent and I just don't see it. So anyway, but thanks for your time and I appreciate your consideration. Thank you. Any questions? Sorry. So when you if you developed it, you would move everything back, right? So then you'd have parking in front. That's right. It flips a little bit. So the sidewalk and then the landscaping would be behind the sidewalk because the parking would be uh in front of the But but yes, it it would all be pushed back. Just squish it. Just squish it over. Yeah, it's technical. Yeah, I like um Yeah, I like that the city's come up with some solutions because that would be awkward. It would. That's right. a little bit walking into a building. Yeah. Yeah. Yeah. No, that's great. Okay. Thank you.

I actually like to thank you for tackling um this phase one and potentially phase two. I don't know if this one's for sale by individual ownership or not, but I do know the complications of uh developing for sale and I know that we need people. Um thank you for offering ownership to people in Midbell. Oh, yeah. I Yeah, it was the the intent. I wasn't sure on the first phase, but yeah, it turned out well to to uh the buyers. I think there's a comm, you know, there's a community feel to that to that project. So, yeah, it's turned out as well as I think it could have. Awesome. Thank you very much. Thank you. Thank you. We'll open this to a public hearing. If we have any comments or concerns, please come up and voice those.

Seeing no public comment, I move that we close the public hearing. Second. All in favor? I thank you very much. Next. Oh, no. We need to do a motion. You want to talk to Daniel? I I'd like to consider in the

the sidewalk. The sidewalk says it needs to be five feet. Um, and I don't know that I I think we generally have a unanimous push when we see things like this that says at least five feet. Um, I think that when we put a stringent of five feet, it means that they can't do six feet, they can't do 5 1/2 ft. And so, um, I I would ask, um, the the commission to consider if that it should say at least 5 feet, um, to like prevent future code challenges. So, so if it did end up being 5 and 1/2 ft, right? Yeah. Like if you had a neighbor or someone. So, putting a minimum to that. Okay. Thoughts one to one. How would we have to do that?

Legal. Do you have something to say? Amended. Yeah, I mean you can just add that into your motion is that that that you would like to see that change made as it's with your recommendation to city council when they make their decision. Okay. So who could read correct? Yeah. Minimum of 5T. Yeah. Okay. It was your idea. You get to read the motion. Uh I'm not voting today. I think can you make the motion? I don't think so. No. No. Okay. Yes. I get to what?

Okay. Um I will try and tackle it. I move that we recommend approval of the zoning code text amendment as provided in the attachments with the finding and condition noted in the staff report along with the recommendation that we recommend that the sidewalks be a minimum of five feet. um and allowing them to enlarge them if conditions are necessary. I second. Can I get a roll call on that? Chair Anderson? Yes. Vice Chair Ericson? Yes. Commissioner Tibbitz? Yes. Commissioner Schmemell? Yes. Commissioner Ludkkey? Yes. The motion passes. Good job. Thank you.

Good job. You owe him a beer. Sorry. That's right. Sorry. Shake. Did we all get that? I tried to put it off on you. Okay. Next, let's go to um right ofway vacation request for property located at approximately 7689 South Center Square. Request Darren Nate Riker Development. Jonathan,

thanks Chair Anderson. Um so this one kind of works handinhand with that um with where the and Darren provided this um exhibit for us. Um so the in yellow is this working? Yep.

Okay, perfect. Um in yellow is essentially the area that would be vacated. Um I emailed this all over to you a couple hours ago. Well, it's the appraisal report um that's needed for the city council for this um to as a consideration. Um but yeah, essentially what it is for is to um keep all of the proposed potential parking. Um if the amendment in this is approved, um all on private property and not partially on the public right of way and p and private, it would just create a kind of a logistical nightmare uh to maintain. Um, and that's essentially what this is for is to um deed everything over to um the waterway um and then make it the the new edge of rightway at least for this this property here. Any questions? And I have this if you didn't get a chance to look at it. So, when I first saw this, I just imagined a snow plow doing its job and then taking out half the cars. Yeah.

So, this seems reasonable to me. Um, no, this this makes sense. Yeah. Makes very makes it cohesive. Did you have a question, Dustin, on the appraisal? Um, not a question. Just Okay. Run run run run run run it by us. Just the appraisal report. This RSR will be selling it to them. Um, yes. So, the council um we have a hearing scheduled for March 3rd with them. Um it would be a public hearing and action item for it would be us selling the property to them. Yes. Yeah.

And you take the high and the low and and average it out. That's where you got the 4,000. Yes, I believe so. Let me find the page. Yeah, correct. Yeah. Yeah. And this is based on the appraisers um report. Um and Darren can if you have a specific questions on it. I I don't Okay. Just looking it over.

Okay. Yeah. Yes. This would go before the the council and the legislative body. It's in our code, title 12, and then um Utah State code that the legislative body holds the authority to um essentially sell or offload um private properties or public properties, sorry. Cool. Okay. Anything else? No. And I did um cuz he gave us a I got the appraisal from him today um I did modify the conditions and um findings. So, this is an updated motion with all of those for you as well

from staff. That's a shame motion there. Thanks, Dustin. Legal. Do we need anything? We don't need anything, do we? We're just turning it over to the We still have to do a motion because it's Yeah, it'll go to you. It's the same thing. You're making a recommendation for the city council what you think that they should do, but ultimately it'll be their decision. Perfect. Thanks. um in the water. If you're ready for a motion, I'll make the motion. Oh, no. It's just an action item. Okay. Thanks. Yeah, we're ready.

All right. I move that we recommend approval of the right-of-way vacation for property located approximately 7689 South Center Square with the following finding and condition. Finding one, the right-of-way vacation request for property located approximately 7689 South Center Square meets the requirements of Midvail Municipal Code 1216.050. 050. Condition one, the zoning code text amendment to various sections of Mi Midvil Municipal Code 17-7-8 is approved. I'll second. Can I get a roll call on that? Chair Anderson, yes. Vice Chair Ericson, yes. Commissioner Tippetsz, yes. Commissioner Schnel, yes. Commissioner Ludkkey,

yes. Okay. Thank you very much. Okay. Next is approval of planning commission bylaws amendment regarding the ability of alternates to be elected chair or vice chair. Bendolin. Thanks guys. Thanks for being here.

This is back by popular demand. Um we uh you know talked about this at the last meeting and really the changes all they do is to give the commission the ability to vote for an alternate member as the chair and also as the vice chair. Otherwise um nothing changes. the alternates as an example already had the ability to vote or to nominate. So yeah, that's really everything there is to this. Do do you have any questions?

You have any questions down there? No questions. No questions. Okay, I got them all out last. Oh, I missed that one. Um, keeping in mind that our elections are the first meeting in March. Yes. Yeah. And and no, I said yeah, alternate. Oh, over there. Okay, I'll go. I move that we approve the planning commission bylaws amendment regarding the ability of alternates to be elected chair or vice chair as provided in the attachment and with the findings noted in the staff report. Second. Could I get a roll call on that? Chair Anderson, yes. Vice Chair Ericson, yes. Commissioner Tippetsz, yes. Commissioner Snow,

yes. Commissioner Litkkey, yes. Thank you very much. Thanks, Joan. So, in lie of that, we need to just make sure what do we talk about in there? Uh, just preparing yourself if you are if you want to be elected, if that is a role that you are looking for. You don't have to declare it now, but just keep it in mind that it's coming up in March. It might be helpful if people know who's out there. Um that we might if you are definite though, I mean, you know, I would be interested in being chair. Yeah, I love it. I don't have a problem with that. Cool. Okay. Be happy to.

Anything else? People, are you handing out old lady candy some more? Yes, I am. Are you good? It's my job. I don't need to do I don't want to do this again. So, yeah. Yeah, I'm okay stepping down for now. Um I need a break. But yeah, I don't want that to deter others from putting their name in the hat just because it burned me out. That has more to do with my real job than this job. Well, this is pretty high stress. This is a real job. It sure. Yeah. Buys Robin shoes. It does. by my shoes. As a matter of fact, yeah, I just bought them. Anyh who, I I'm just putting it out there.

Um, so keep those in mind. And yeah, thank you. Thanks. Do we have a planning department report or anything like that? Yes. I was ready to adjourn. It's It's going to be short. You missed your chance. I know. Oh, sorry. Um, just so that you know, um, we don't have any projects that are ready for the next meeting. So, we'll cancel the next meeting. Um, my shoes. Yep. So, first meeting in March. That's

when we'll reconvene. But don't forget about um our planning commission dinner dinner coming up next Thursday at 6 at Longhorn Steakhouse. Oh, that new Mexican place is very good. Oh, okay. Yeah. Okay. Thank you. Yeah, you'll come. We'll see you all next Thursday. We're going to adjourn. What? You got to adjourn. Oh, I could say see you next Thursday. I move that we adjourn at 6:23. Oh. Oh. All in favor? I I Thanks, kids.