Planning Commission - Regular Meeting

Okay, guess we're we're going to start our meeting. This is on, right? Um, we always start with the pledge of allegiance. So, if you'll stand and repeat the pledge, that'd be great. 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.

Thank you very much. Welcome to our Midville Planning Commission meeting tonight. We're glad to see you here. And we need to have a roll call. We have a few excused people, don't we? Chair Anderson here. Vice Chair Ericson here. Commissioner Tippetsz is excused. Commissioner Snow is excused. Commissioner Litkkey here. Commissioner Edwards is excused. And Commissioner Casperian is excused. We're sparse, but we're mighty. Yes. Okay. Did we get a chance to review the minutes? Yes, I did. Yes.

I make a motion to that we approve the minutes from November 12th, 2025. I second. All in favor? I Thank you very much. Tonight's public hearing, we have several items that we're going to go through and I don't know how we want to how do we want to do this? I think we're going to go one by one.

Are we going to go one by one? Is that what we decided? Okay. Daniel Herszog requests the preliminary subdivision approval for a 10-unit residential condominium subdivision located at 853 South Iris Lumi Lane amending lot 205 of Jordan Heights at view 78 phase 2 subdivision in the Jordan Bluffs sub area 1 through three development JB1-3 pod C zone Jonathan.

Thanks, Chair Anderson. Um, so like you said, you guys have previously seen the um Jordan Heights at V78 phase 2 subdivision back in October. Um, so these are just coming back. They'll be coming back in phases. Um for the individual condominium buildings um tonight on the agenda is 205, 206, 212, and 216. Um for the amendments to those lots, um this is in the Jordan Bluffs area on the south end of the city on 700 West. Um this first item is for 205. I've got it marked here on the original plat. Um and then this is the proposed plat um with the condo bit condominium building common area um etc. And this is the the units themselves. Um I've not received any public comment written prior to the meeting. Um we have found that staff it meets all of the requirements for subdivision. Um this will apply to all of the the next three items as well. Um, and we're just putting a condition on it for the recording of the original plat which they are working on.

Any questions for me? No, not at this time. Thank you. Um, so this is a public hearing, so the public is free to come up and talk about this if they'd like to. Don't all run up here. Seeing there's no comment, I move that we close the public hearing. Second. All in favor? I. Okay. Thank you very much. Do you need to go to legal? Legal. Do we have anything?

Yeah. So, this is an administrative decision for the commission to make. If it does meet the requirements of our code, you are required to approve it. If it does not, you can approve it with conditions as such as recommended. Okay. Thank you. Well, I move that we approve the preliminary subdivision for a 10-unit residential condominium subdivision amending lot 205 of the Jordan Heights at B78 phase 2 subdivision with the findings and condition noted in the staff report. I second. Roll call, please. Chair Anderson, yes. Vice Chair Ericen, yes. Commissioner Lipkkey, yes. The motion passes.

Thank you. Do I need to go all of these? Okay. Daniel Hersog requests preliminary subdivision approval for a 10-unit residential condominium subdivision located at 717 West Coho Lane, amending lot 206 of the Jordan Heights AU 78 phase 2 subdivision in the Jordan Bluffs sub areas 1 through three development zone. I'll just drive from over here. Um, so this is for the lot 206 as I mentioned in the same area. Uh, it's marked here on the overall plot. Um, and the same findings and conditions as the previous item are um our recommendation. Um, and I will note this uh where this one is 206 is where um there will be a trail head to the Jordan River um that they're installing the Jordan River trail. Um, you can see that in the uh hatching in the top right hand corner. That's where the trail head will be.

Cool. So, does this have a condition too or not? Yeah, it should have the same condition. Okay. Yep. Any questions? Nope. Okay, we'll open this to the public. Seeing there's no comments, I make a motion to close the public comment. I second. All in favor? I I thank you very much. I move that we approve the preliminary preliminary subdivision for a 10-unit residential condominium subdivision amending lot 206 of the Jordan Heights at B78 phase 2 subdivision with the findings and condition noted in the staff report. Second. Could I have a roll call vote? Chair Anderson. Yes. Vice Chair Ericen? Yes. Commissioner Ludkkey? Yes.

The motion passes.

Thank you. Next, we have same Daniel Herszog request preliminary subdivision approval for a 10-unit residential condominium subdivision located at 8498 South Magic Opal Lane amending lot 212 of Jordan Heights at V78 phase 2 subdivision in the Jordan Bluffs sub area 1 through3 development zone. I'll just run through this one more time. Um, it's lot 212 for this item that they're amending. Um, and it's the same findings and conditions as the previous ones.

Okay. Any questions? Nope. Okay. We'll open this to the public. Seeing there's no comments, I make a motion we close the public hearing. I second. All in favor? I I Thank you. I move that we approve the preliminary subdivision for a 10-unit residential condominium subdivision amending lot 212 of the Jordan Heights at View78 phase 2 subdivision with the findings and condition noted in the staff report. Second. Could I get a roll call vote? Chair Anderson? Yes. Vice Chair Ericson? Yes. Commissioner Ludkkey? Yes. The motion passes.

Thank you. Next on the agenda is Daniel Herszog. requests preliminary subdivision approval for a 10-unit residential condominium subdivision located at 748 West Pink Frost Lane. Amending lot 216 of Jordan Heights at V78 phase 2 subdivision in the Jordan Bluff sub areas 1 through three development zone. Okay, this is the last one of these. Um that's lot 216. They're off of Bingham Junction Boulevard. Um, same findings and conditions apply to this one. Okay. Any questions? Nope. Open this to a public.

Seeing there's no public comment, I move that we close the public hearing portion. Second. All in favor? I. Thank you very much. I move that we approve the preliminary subdivision for a 10-unit residential condominium subdivision amending lot 216 of Jordan Heights at V78 phase 2 subdivision with the findings and condition noted in the staff report. I second. Roll call. Chair Anderson. Yes. Vice Chair Ericson. Yes. Commissioner Lkkey. Yes. The motion passes. Thank you very much. Okay. Groundhog Day done. Thank you so much.

Thank you, Mr. Okay. Next on our agenda, we move to item F. The Midvil City initiated request to modify Midvil Municipal Code section 17-7-11. the MS- FBC zone administration to follow to allow the rebuilding of nonconforming structures and

the excitement building. Yeah. So, I will advance this. You have a print out of the new text. Um, just to make it a little easier because it's not that visible on the screen. Um, we can see that perfectly.

Yes, I sure can. So, I have a print out, too. So, um, I leave the current text up so that you can compare a little bit. Um, this amendment's purpose is really to um enable applicants on Main Street here in the formbbased code area to be able to rebuild their structures. Um, and I mean normally rebuilding is associated with some type of a calamity. structure burns down, there's an earthquake, it collapses. Um, in this case, it would it would be a special case. I mean, we have quite a few structures on Main Street that are, you know, one could say genuinely old for our environment. And with age sometimes comes um you know an obsolescence that's so far along that it makes the structure unsafe. So let's say you have a foundation that is not up to current building code and may may potentially be unsafe. What do you do? You can maybe fix it with everything staying in place. um or you could rebuild um the entire structure and with that probably be probably probably in the end have a structure that's more functional and more compliant with code and that's um what this is trying to do. Um the way the language when you look at your printout has been sort of restructured is that um first you deal with you know the routine cases. If

someone has a repair, it's a non-conforming structure, but they need to repair something, that's allowed, and that's under the alteration um term in the ordinance. Um, paragraph two then goes to expans expansion and rebuilding. In that case, the first reference is um to the use section. So the or the new language says non non-conforming structures may be expanded or rebuilt if the following conditions are met. The first being the use of the non-conforming structure is allowed under section 1771.3. If you go back in the code 1771.3 is the use section. So this ensures that for whatever purpose it's done, it's done in order to have something from now on forward that's conforming. Um so in practice that would mean on Main Street on the main floor of the building a restaurant for example or a retail store. Um then under you know sub paragraph B we introduce a little bit of wiggle room. So this paragraph then says the building footprint footprint of the rebuilt or expanded non-conforming structure does not exceed 20% of the non-conforming structures building footprint in existence when this chapter originally took effect. If I translate that basically it means you

can expand in the with in the rebuilding process you are allowed to expand the structure by up to 20%. Um however that's qualified under sub paragraph C. The expanded or rebuilt non-conforming structure either matches the aesthetics of the original non-conforming structure or in conformance with the requirements of 17711.6. 1771.6 Six is the uh building type section within the formbbased code and that's the section that um most of all focuses on the aesthetics. What do the windows look like? Are there compartmentalizations in the buildings so that the buildings, you know, have more of a human scale to them and a better street presence. Um, and so the the new part here is that you can either if you're rebuilding, if you're matching what used to be there, that's fine. Otherwise, um, you need to conform with what the building type tells you to do. And so the the practical application of this would be you know like many of the structures we have they may be old they may need you know a lot of investment but you can restore what what has been there up to this point in time. So there's there's now a bit of a choice and it would it would help the city um

to to have more of an incentive on the developers and to preserve structures that are there. So that's really what this amendment is all about. Do you have any questions? Is there any way to determine um how far structurally or how far the building goes where it would be able to comply with a a rebuild? Is there any like determination or is it just kind of up to the the pennies and cents?

Um well, it's um I mean the operating term in the ordinance is um let's see if I can put my finger on it here. I mean it's really in the in sub in paragraph two the different criteria need to be met. I mean it doesn't it doesn't really go into you know any type of an analysis that says doesn't give a magnitude. No, it it doesn't.

Would that would we need to do something like that, do you think? Wouldn't that be kind of Yeah, I mean that could be prohibitive. Yeah, that's what I was thinking. I mean, what in practice happens is um a potential developer would really look at the goal of their project and then where the costs fall, right? Okay. Would it be cheaper to just tear it out and rebuild it to the same specs or close to it? Yeah. Or use what's existing there? And like the one across the street, you can't use what's existing because it's not up to code and it's not sound and safe and so Yeah.

I think every project will be very different. Yeah. Yeah. Especially when we're talking about non-conforming. Yeah. Yeah. Yeah. No, I think it gives them a little bit of flexibility so that if you rebuild it, you can rebuild it um better, but yet and sometimes that means making it a little bit larger. Yeah. Um to make it fit code and and aesthetics and but yet you're not giving them free reign to just go crazy and then you have a product that doesn't match what we're trying to do with Main Street. Right. Yeah. Right. And you know what you could potentially see is also that it just becomes more functional because you know

you know the dimensions and older structures they're just different than what's functional nowadays. It's really hard to space plan in some of the older layouts. Yeah. What was functional 150 years ago is not quite as functional now. And so we need to have some room to make it okay. And and the other thing maybe to keep in the back of your mind, if there's a building that's on the historic register, then you know that's a totally different story. That's that's just simply a different mechanism, right? All new hoops for that. Yeah. Okay. Thank you. Yeah. Thank you. Yeah. You're welcome.

You can I guess we'll need to open that. Yeah. To the public. So, the public hearing is open. It is. Okay. Any comments? Seeing there's no one coming forward, I make a motion we close the public hearing for this. Second it. Oh, second. There's so few of us. Yeah. Yeah. All in favor? I. Thank you very much. Um, next is Oh, wait. We still need to do the motion. Oh yeah.

I move that we recommend to modify Midbell Municipal Codes section 17-7-11.11 MSFBC zone administration to allow for rebuilding of non-conforming structures with the findings noted in the staff report. I second. Roll call. Chair Anderson. Yes. Vice Chair Ericen? Yes. Commissioner Ludkkey? Yes. The motion passes.

Thank you. Next is uh Midville City request preliminary subdivision approval for a two lot subdivision located at 362 West Center Street in the single family residential SF2 zone Adam. Thank you. Thank you. I know it's like hot off your press. I think this is the only thing that changed for Yes. So this is

uh thank you chair and planning commissioners. Uh you may be fewer in number tonight but no less powerful. So thank you for being here. We needed this meeting to happen. So um uh this is a uh preliminary plan for what we're just calling the city park subdivision. Um so on the screen um is the plat. It's a two lot subdivision plat. Um really what it does is um lot one will remain in city park use and lot two is intended to be sold to Salt Lake County for a new library. Uh we don't have any plans for the library, but um this proposed lot 2 is what they feel is sufficient and will suit their needs for a new library and we'll see that likely in the coming year. um as plans for that get finalized. Another thing that this plat does is it formally dedicates uh Chapel Street uh on the west um which uh we found out had not been done. And then it also proposes um a shared parking area for uh both the park and the library. Uh the library itself will have additional parking, but this is um the to the north there where it says shared access and parking that will be between both uh the city and the county. Uh but we as a city wanted to maintain ownership of that. Uh it's pretty straightforward. Um if there are any questions, I can try to answer those. Otherwise, um what I've given you, the only difference on what I've given you versus what's on the screen is there were some there was a discrepancy in the boundary description. Um which somewhere in here, the county surveyor caught that and then our surveyor adjusted that uh just earlier today. And so per the county's recommendation, the boundary description was just altered just a little bit to more accurately reflect what the lot is. It was a there were some um numbers or something was transposed and so they just fixed it, but I I gave that to you

just so you have the the correct version. Thank you. Thank you. Any questions, Brad? No. Okay. This is a public hearing, so you're welcome to come up and comment if you have any comments. Yeah. We get what you guys got. We have extras because there's so few of us.

You just need to come forward and state your name so we can have it on the record if you have any comment. It's more It's more of a question, I suppose. Um, my name's Jod Jensen. Do you need my address? No. Um, we just had a question as to how big the intended building was supposed to be. Um, because we're located within that 500 ft. Um, any ideas?

Have uh we do not have any plans yet for the library. We don't have any conceptual plans. So, I cannot say for sure. what the footprint will be or what the ultimate size is. Um, this just divides off the piece of property that they would like to use and then we'll be working closely with them um as plans move forward. So, feel free to contact us if you'd like. But, you want to sell is it twothirds of the front of the park that you're It's just lot two. Um, so right there at the corner of Chapel and Center Street, that's the area that would be uh the new library. Yeah. So, it says the frontage for lot 2 is 429 ft. And then the frontage for the remaining park is 238 ft. So So about about 2/3.

Yeah. About And how deep does it go when you're like if I'm looking at it across? 260 ft. And where's that in relationship to the tennis courts? The tennis courts are further north. Okay. They're they're undisturbed. They're further north, I think, in that they're up above where you have your parking lot. Yeah, that's the Boys and Girls Club right there. So then the sports would be over here. All right. Okay. Thank you for answering questions. There's some playground equipment on what is now lot two that will be um rebuilt and and moved somewhere else. Okay. But none none of the tennis courts will be. They're not touched. So it's mostly the parking lot and then part of the park frontage. Yep.

Okay. Thank you. You're welcome. Thank you. Anyone else? Okay, I'm seeing that there's no more comments, I move that we close the public hearing portion. Second. All in favor? I I Thank you very much. Oh, let's make a motion. If we can make one up, would be great. Recommended motion. I move that we approve the preliminary subdivision located at 362 West Center Street with the findings included in the staff report. I second. Roll call. Chair Anderson? Yes. Vice Chair Ericson? Yes. Commissioner Ludkkey? Yes.

The motion passes. Another step to having a library. Thank you. That'll be nice. New library. A new library. That would be great. We have a library. Okay. Next, we have the Fashion Place West Station area plan. and Adam will also be presenting that.

Thank you, chair. Um, you may be wondering why we are looking at a station area plan that largely lies in Murray. Uh, seeing as the fashion placed west station is in Murray, uh, just north of Winchester, a little ways north of here. Uh, I've included this vicinity map. This shows, um, kind of all of the stations that really relate to Midvil. So, uh, you've recently or within the last year or so have seen station area plans. Whoa, almost broke that. For the Midvil Center Station, the Midvil Fort Union, the Bingham Junction, and then as part of Bingham Junction, there was the Gardener Historic Gardener Station as well. Uh, we partnered with West Jordan on those because they overlap each other. Um so fashion place west um there's a little bit of midvail that this encompasses and because of that uh we as a city need to adopt a station area plan. So we partnered with Murray uh received funding through WFRC um and it was great for us. We did not um the city did not have any match with this. This was fully covered by a grant through WFRC uh largely because our portion was so small. And I'm going to zoom in just so you can see how much of midvail this this covers. Here we go. We're coming in a little closer. Uh you can see the tracks line there. And then uh Cottonwood is just to the west of the tracks. And what's the one further west? I can't remember what that one's called.

So yeah, you can see it's just a few properties here in Midvail. And then let's go even closer. Um, and then you can see where the Fort Union Station just barely overlaps this one. So, we're not talking about a lot of area in Midvil, but because uh it does overlap, we have to consider it. So, here are the recommendations of the station area plan. Um, you can see again largely most of it's in Murray and covers over near Fashion Place Mall, State Street, largely along Winchester, and then north and south of 215. The portion that lies in Midvil is right down here at the bottom uh down here. And the plan uh recommends what they're calling a jobs and housing mixeduse land use. So as this area redevelops um the recommendation is that we have zoning in place or that could be in place to address a mixeduse zone in that area. Uh thankfully because of the Fort Union Station area plan that we approved about a year or so ago, we have that in place and we would just extend that zoning to the north to the Murray border and then Murray would have a similar zone coming south. Um so that's it. That's that's the grand plan. So I can answer any questions if you have any, but we're happy to get this one done and uh report to WFRC that we have yet finished what we need to on this.

So any questions for Adam? No, seems pretty straightforward. Nice. This again is a public hearing, so we can open that to the public if you have any comments. Seeing there are none, I make a motion to close the public hearing. I second. All in favor? I. Thank you very much. Want to go? I I move that we recommend approval of the Fashion Place West Station area plan. I second. Roll call. Chair Anderson. Yes. Vice Chair Ericen? Yes. Commissioner Leki? Yes. The motion passes.

Thank you very much. So, that's all for our public hearing and now we have a staff update and some other business. Yeah, I will first um talk about the meeting schedule. There was a little pha say we're not going to be here on the holiday. We've decided. Yes. Yeah. So last uh meeting you adopted the schedule for next year. Um we realized that the November meeting we scheduled on Veterans Day when city hall is closed. Um so we just bumped that to the November 18th of next year if that meeting is needed. So it's the only change. Okay. Do we need to do anything or this just done? Nice.

You don't need to. Next we have the planning department report.

Yes. Um the one item I have for you is the following. We talked a little bit about what type of training we want to do next year and I looked around you know what's available and um we could uh invite someone from the property rights ombbudzman's office um they do the this for free um on their website they have a list of topics and we can tell them if we are interested in something in particular. I'll I'll read the list to you real quick. If there's something that strikes your fancy, I can relay that to them. um alternatives, alternative forms of dispute resolution, avoiding land use related lawsuits and with that also best practices for county and municipal governments. That may be something for us. I think um they can talk about recent legislative changes um that may not come into play depending on when they come.

Yeah. Next summer might be better for that. Yeah. Yeah.

Um land land use laws and practice eminent domain laws and practice. taking laws and practice and that I would say taking laws that really does relate also to best practices because if you don't you know keep to the best practices from that more legal perspective then that's the type of legal problem you might run into. um exections, conditional uses and variances. Variances you really don't deal with um but conditional uses you do. And appeals procedures for land use decisions and you don't really deal with that very much either.

It was the one you recommended. I think the best practices sounds good. I mean just overall like a reminder and then also the legislative one maybe later in the year after this session. Yeah. Yeah, that'd be great. Okay. Yeah, that's our vote. All in favor? I Okay. And then I will I will contact them and see if they can come on a planning commission night and depending on if we have items especially if we don't then we would just make it a workshop. Really great a training. Yeah. Get those hours. Yeah, that'd be good. So, that's sounds great.

Everything I have from the department other than to tell you thank you for your service and merry Christmas. Thank you very much. Thank you. You as well. Yeah. And I have one more thing. Um I forwarded an email to you guys on Monday um also from the property rights um Budman's office. Um it's just a survey that they sent out. Yeah. So, if you could just complete that for them, that'd be awesome. Done. Of course. I'm sure. It feels like it was three weeks ago to me. It does. So, all right. Thank you. I move that we adjourn at 6:35. Second. All in favor?

I Thank you. Thank you very much. You got