Planning Commission - Regular Meeting

Wednesday, December 3, 2025

The Orem Planning Commission discussed a proposed rezone for a property at 575 East 1000 South from R8 to PD34 to accommodate a new Home Depot. Concerns were raised by a neighboring resident regarding setbacks, wall height, and potential noise from a loading dock. The commission ultimately voted 3-2 against recommending approval of the rezone to the city council, meaning no recommendation will be forwarded.

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Orem, UT
Meeting Date
December 3, 2025

Transcript

101 sections (from 431 segments)

2:24 – 2:56Speaker 1

Let's stop this. T, are you okay if we start by knocking this out? Are we ready to go? Great. Then we will call this meeting of the ORUM city planning commission to order on December 3rd, 2025 in the work room and the council conference room. I guess that's what this is. Never figured out what the name for this room is. A name. Yeah. This place that we love. Can I make a comment before we start?

2:53 – 3:24Speaker 1

Yeah. In the last couple weeks, I went to two neighborhood at very inconvenient times to find out they were both cancelled. There was nobody there to tell us anything. They were just cancelled.

3:19 – 4:04Speaker 1

Okay. Um for for which projects for We went by and I'm a A to Z A to two I don't know what that is. Design A to Z design. We've gotten several recently. One was a redo of another meeting. Oh. And one was something that we had been notified for like a year, year and a half ago that they're read tried for again.

4:01 – 4:40Speaker 1

Um I mean I don't remember what this would be for. I have had a lot come through but I can contact them and see what's going on. Is this the one was the Is that with the rec center? I call that that's on 100 West. It's the guy that we tried to do the uh six five or six places. He's doing something against somebody told them they didn't have to have a meeting. You mean you and me and Jess?

4:36 – 5:18Speaker 1

Um no. If they're changing their zoning, none of us would ever tell them that. I Yeah, let me let me wait too. Sorry, I misunders from zoning from residential to commercial. Oh, yeah. That one didn't make any sense. I brought that one up with Jared when I got it. Other one was this one being replaced by this one cuz the date was changed there in the middle. Yeah, but it didn't tell you where. Told you where you were meeting, but it did tell you what the property was. This is the one you were talking about.

5:19 – 6:04Speaker 1

Got the car down. I didn't get that one. Did you get that one? No, that one's just north of uh But this is the guy just north of us. So, that one's that one. I'm going to take notes really quick. And this doesn't just It doesn't say anything about it. So, this Yeah, it doesn't say address. It doesn't say anything. And I showed that one to him because I thought we changed the what? Yeah, it's gotta be specific. It's not. So that one's And then Yes. Then there was the two for the one that they redid it. That I think is is one of them for the where the the path control place is. Um yeah, I haven't seen that one.

6:00 – 6:42Speaker 1

So that's not one of them. Okay. know if that's what's happening. I missed this one. Okay. And then there was this one and then they sent out another like correct. We they redid that one. This one last year. Yeah. No, they kind of that one's the same redo of the Apollo burger that they're redoing. And then Yes. I've gotten two from You can't do this. And this is this is probably the other one you're talking about. Have you gotten the notice that says that date changed? like well after the meeting happened. Okay.

6:50Speaker 1

Sorry, man.

6:58 – 7:14Speaker 1

I know. Yeah. one. Yeah. Yeah, that's the Costco one. Change for their gas changes. I didn't answer his

7:17 – 7:39Speaker 1

he is not the also doing a lot of things. What are you? Okay. Don't worry. I'm gonna hit play on that.

7:44 – 8:29Speaker 1

Please have audio. Do I have audio? That makes me so thrilled. This might become a next project. Well, you were. Yeah. See, let me explain videos. We can read. Oh, yeah. I can do that. I can't. I didn't. I'm sorry. I mean, I can read it very interp. I mean, I can read it, but it's going so fast. I can't read it. We could slow down the speed on it, but the fun I get around. Yeah. If you want, I'll narrate it for you in like Donald Duck voice or something. Yeah,

8:28 – 8:43Speaker 1

sure. Let's see. Let's see how fast type we focus on not state requirement construction. When in doubt read

8:46 – 9:02Speaker 1

so what's considered an open this is how I feel about going through it. It's for a public body quorum simple majority needs to discuss or act upon government business including

9:00 – 10:58Speaker 1

so what is the open and public meeting it's the state law that ensures government actions and deliberations are openly conducted before we continue keep in mind that this video is an overview and exceptions may exist based on your entity type focus on local government not state requirements when in doubt read the law and consult with your legal counsel so What's considered an open and public meeting? It's when a public body quorum, also known as a simple majority, meets to discuss or act upon government business. It includes the meetings sometimes referred to as workshops or executive sessions. Regular meetings, public hearings, electronic meetings, and emergency meetings are all open and public meetings. Open and public meetings don't include chance or social meetings. A public hearing is a type of open and public meeting where citizens have a reasonable opportunity to speak. Public hearings happen when a government adopts a budget, imposes or increases taxes or fees, or transfers money from an enterprise fund. These meetings have extra notice and posting requirements and won't be addressed in this video. An electronic meeting is a type of open and public meeting that's convened electronically, such as via phone or the internet. Remember, the governing body must adopt a resolution, rule, or ordinance allowing and governing electronic meetings. OPMA adds additional requirements, too. An emergency meeting may be held to discuss an urgent matter due to unforeseen circumstances. In order to hold the meeting, the best notice that's feasible is provided of the time, location, and topics to be considered. An attempt is made to contact all governing body members, and a governing body majority approves the meeting. An open and public meeting may be closed to discuss any of the following. A person's character, competence or health, collective bargaining, litigation, certain real property transactions, including any form of a water right or water shares with specific restrictions, security personnel, devices or systems

10:56 – 11:47Speaker 1

deployment, investigations of criminal misconduct, and private or protected information per the Utah procurement code, including trade secrets. A closed meeting may be held only if a quorum is present and the meeting was properly noticed. 2/3 of the governing body present at the meeting need to vote yes to close a meeting. Quick math lesson. 2 / 3 equals 66.7%. Let's say your governing body has five members present at the meeting. If three out of five members vote yes, that equals 60%. Which is not equal or greater than 66.7%. which means you're one member short and would need four out of five members to vote yes. During a closed meeting, a governing body can't interview someone applying to fill an elected position.

11:45 – 13:34Speaker 1

Discuss filling a midterm vacancy or temporary absence. Discuss the character, competence, or health of a person whose name was submitted for consideration to fill of midterm vacancy or temporary absence. Approve any ordinance, resolution, rule, regulation, contract, or appointment. or take a vote, unless it's a vote on a motion to end the closed portion of the meeting and return to an open meeting. When a governing body closes a meeting, the following must be publicly announced and entered into the minutes of the open meeting at which the closed meeting was approved. The reason oral reasons for holding the closed meeting, the location where the closed meeting will be held, and the vote of each member of the governing body, either for or against the motion to close the meeting. If a closed meeting is discussing a person's character, competence or health or security personnel, devices or systems deployment or several other exceptions mostly related to state bodies or project entities, no recording or minutes are required. However, the presiding member needs to sign a sworn written statement stating such. If the closed meeting is held for any other reason, a recording must be made which includes date, time, and place of the meeting, names of members present and absent, and names of all others except where disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting. Regular open and public meetings require 24 hours notice. The public notice includes the meeting agenda, date, time, and place. Public meeting agendas need to include reasonably specified topics to be considered with each topic listed under a separate agenda item on the meeting agenda. The governing body may not consider a topic in an open meeting that wasn't on the agenda.

13:34Speaker 1

H if a new topic not on the agenda is raised by the public during an open meeting,

13:39 – 15:39Speaker 1

the governing body may discuss the topic. However, final action may not be taken on the new topic during that meeting. H. Additionally, entities holding regular meetings scheduled in advance over the course of the year need to provide annual notice of the entire year's meeting schedule. The notice must include date, time, and place for each meeting. Notice posted on the public body's website, in a public location such as the location where the meeting will be held, and on Utah's public notice website in accordance with Utah code 63G-30-102. Typically, posting on the public notice website is done by the records officer, recorder, or clerk. However, it's the governing body's responsibility to ensure notice is provided. State archives has prepared a training manual and quick guide for owners and posters, as well as training videos that can be accessed at their website, archives.utah.gov. Written minutes and a recording are kept of all open meetings with few exceptions. Written minutes include the date, time, and place of the meeting, the names of members present and absent, the substance of all matters, names of citizens providing comments, the substance of the comments provided, any information a body member requests be entered into the minutes or recording, and a record by individual member of each vote taken. A body with elected members must record each vote in list format by category for each action taken by a member, including yes votes, no votes, and absent members next to each member's name. A recording must be a complete and unedited record of all open portions of the meeting from beginning to end and be labeled with the meeting date, time, and place. All or any part of an open meeting may be independently recorded by any person in attendance if the recording does not interfere with the conduct of the meeting. Pending minutes means written minutes of an open meeting in draft form

15:37 – 17:00Speaker 1

subject to change before being approved by the public body that held the open meeting. Pending minutes must contain a clear indication, such as a draft or pending watermark, that the governing body hasn't yet approved the minutes, and that the minutes are subject to change until the public body approves them. Approved minutes means written minutes of an open meeting approved by the public body that held the open meeting. Entities must establish and implement procedures for the public body's approval of written minutes. Public meeting pending minutes, approved minutes, and recordings are public records under grandma. Any individual who publicly presents information relating to an item on the public body's meeting agenda must provide a copy of the information for inclusion in the public record. Make pending minutes available to the public within 30 days. Within three business days after approving written minutes of an open meeting, make approved minutes and any public materials available at the Utah Public Notice website, the entity's primary office, and the entity's website. Within three business days after holding an open meeting, make an audio recording of the open meeting available to the public for listening. Honestly, you shouldn't buy this book because once you do

16:56 – 17:39Speaker 1

Yes. Um, just as a quick thing, I I'll mark that off on the training like this in a sneak peek. Uh, what we'll do next time. It is very long, so be ready to bring your party hats for the next time. Does anybody have any questions about that? comment the looks like he's picking his nose. It does every time they go. She's really high up on the faceing in there. Yes. Appreciate that. Means you were paying attention. Excuse me.

17:41 – 18:26Speaker 1

I have a totally like random question which is how long does the public record have to be on file? um place of like opportunity. I forever know I'm reading this today. I understood that reference. Um I am not entirely sure how how long they're supposed to be, but I mean we have minutes all the way from like the '9s ' 80s that are still they've all just been digitized and sent off. Yeah. So it becomes the next form of I think the records I think the records of the city minutes and things are forever. They're forever. Wonder how long we're going to be on YouTube. They have to be tied to the decision. The videos probably don't have to last very long. Minutes

18:25 – 19:02Speaker 1

permanent retain retainment. Permanent retainment. We are there forever. Written minutes and recordings of open meetings we retained permanent. And see all of our under under LMA under the land use and development management act. We don't get to destroy records. We have to we can digitize. We don't destroy land use application records, anything that we get old subdivision applications, any site developments that we keep all of that forever. Uh business licenses like two years. Building permits four years. We keep it forever. Just curious. Yep. Okay.

19:00 – 19:25Speaker 1

So, you ready to move on to general plan talking about cultural recreation? still broadcasting or still recording. I guess delayed woohoo. Delay that woohoo.

19:28Speaker 1

Okay, turn it over to Grant.

19:34 – 21:33Speaker 1

Okay. Um, so we kind of left off last time talking about the parks and recck master plan. So with the current draft ch uh draft chapter, we're looping that in and we're also going to include arts and culture. I did reach out to um Bryce Merrow is director of the recreation and library and he um so they were meeting this week and were discussing we discussed some ideas. Um we haven't heard back from him but um expecting some feedback about um some goals that they have for their department that are kind of longterm that we could include in this chapter. Uh so what I've done is I've just included some of the existing um master plan maps that we talked about with respect to parks uh trails items um or just call back if we wanted to continue the discussion. Um and then um also just a snippet of one of the pages from the master plan talking about some recommendations for open space. Um, I hope you all I hope you all had time to kind of review some of that material respect to ideas about some goals, objectives that we could fill in. So, what I I'm going to skip to the end here. This is an example and I'll I can pull it up, but this is what Meline has kind of taken a stab to start the chapter. We're going to keep adding more materials in. It's kind of like the trails, goals, recreation section of of the draft document that we have right now. Um, so what if any do you all have any more additional feedback about any of these other topics? I'm just

21:32 – 21:49Speaker 1

bringing some of these back and then we could focus we wanted to for sure focus on arts and culture um today as part of our conversation. So, um, Maline, I don't know if you wanted to add anything else from our discussions. Um,

21:47 – 22:20Speaker 1

no, just kind of looking at these different things, they kind of all go together and just kind of really, as we've said before, like, and we're the planning portion of it, like what do we need to plan and have in place to support these different activities in the city going on? So, those are kind of like as we think of kind of general goals or ideas or things we would like to see happen like that's kind of what we're looking at um in general. So, first goal.

22:18 – 23:02Speaker 1

Did anybody else have any thoughts they wanted to bring up about ideas or goals, objectives that we can add to this chapter for these different topics? That was pretty I can't say how the ny kind of it's it was interesting reading through some of the things that they brought up that we lack in the city that we don't have and um we don't have community we don't really have a community orchestra or a community band we don't have community that might be a fortune

22:59 – 23:44Speaker 1

depends on who you are. But I know that my friends who play string instruments are either going to Pleasant Grove or they're going all the way out to Saratoga or they're going to other places. Oh, I But I know you're I know you're somewhat being sarcastic, but I mean, but it's that idea of of if we had those things, incorporating them in, making opportunities again for if we want to bring more entertainment into the city. Um, one can argue whether or not we have a real community theater. You could there's a lot of other things. We've lost the Timoga Storytelling Festival. We've talked about that. like what could have been done or what could be done to attract those things back. Hail or reestablish anything. Reestablish. Yeah. So golf in the parks. The parks. I mean

23:41 – 24:02Speaker 1

see lots of young adults play that. Yeah. And some of those are a little beyond our purview, right? Like telling the parks to put in those but like but creating spaces. How do we create land for some of these things? Where do we envision some of these things going within the city

24:00 – 25:58Speaker 1

or is it like one of the objectives of the general plan could be how can we bolster community engagement with respect to the future of parks and recreation and creating a programming around continued continuing the efforts from this master plan as far as getting feedback about is the community moving in the right direction with respect to adding more programming building up bolstering the parks and and getting that feedback from engagement with the community. Um, is that one of the objectives we could put in, you know, and that could feed into future goals as we get that feedback. So, that's just an example. But this I put I pulled this one up because it has this it has some feedback from the survey they did. It's called this master plan. And there's this kind of this word cloud new activity preferences and then requests of the 2021 survey for recreational activities programs or facilities not currently offered by the city were summarized in the word cloud but also there's a list here dog parks poke ball courts which I feel like at the time we've now added very many pickle ball courts the hillrest park came in that's that added a very really amazing amenity and um opportunities there with the splash pad I ticked off a lot of list here, but you know, some of these are relating to more of the open space discussion we had with respect to, hey, that we could tie into some mountain biking trails, nature trails, um, and the gun range, even programming and outdoor events for SL festival. They feel like we've been doing that and then programs for children's and teens. So, um, just a reminder, we're putting you on the spot tonight. So it's like Rod come up with five ideas right now, you know, like spitball, but you have access to the document. Just a reminder, you can you can, you know, think through um maybe

25:56 – 26:47Speaker 1

some of the best public spaces you've been to. What was some of the features? What was your experience there? A good well-designed public space has amenities and activities and balance or people from 7 to 77. And so it's it's comfortable being there. You'll see a lot of good um variety of ages ages and groups and types of people. So think through that's I would say that's a one layer you can think through your personal experiences and you can kind of learn from that uh and then say hey what what do I what could I see one of our spaces um you know a future space or how could we improve one of our current spaces? Um, I was gonna ask Jared, we were gonna ask Jared some of the feedback. I don't know about heart of downtown

26:44 – 27:17Speaker 1

because that's I think a recent effort that's still going on that is envisioning the future of a space proving improvements that can be made, additional amenities. Yeah. So maybe that's an example we can draw upon as well. I think so. So, um, how many of you had a chance to to talk to them since last wasn't the summer they came? I don't remember when they came over to library hall or not library hall, but they were in the old city council chambers.

27:15 – 28:27Speaker 1

I know that a few of you got to talk to them then. Um, they the heart of downtown is being done by um a consultant out of Ohio actually with some local support here too. Um, a lot of the focus is on, well, no, not a lot of, all of the focus is really on the stretch of State Street between University Place and here where where we are. A lot of the focus has to do with getting people between those two points at Sierra, for example, um, getting up here from from Sierra. Um, and can you do that without being on State Street necessarily? Are there are there backways that are more comfortable for people on foot or on bikes to get back and forth so we don't have as many parking problems? Um that kind of thing. Um making State Street feel more friendly. Um some of that happens just with people coming for reasons. If there's more reasons for them to be at activities and places that are feeding off of the energy at Sierra, um that's that's kind of where it's going. But talking about ice ribbons and some other things that we can do uh the city could look at going forward.

28:25 – 29:10Speaker 1

So I don't mean to interrupt. No, you're fine. It seems like it's morphed from the first time that they came out and met in the city council chamber. I think it was like April, May or something like that. Yeah. It seems like it's morphed significantly from what you're describing. In what way do you I mean it probably has. I'm talk to him every couple of weeks and so maybe I'm not noticing the the bigger trajectory change. How do you feel like it? Well, the way and you were there too, so you can correct me if I'm wrong, but I recall them focusing on mainly around the Sarah Sarah, whatever you want to call Sarah area.

29:07 – 29:52Speaker 1

And you know, what does that look like in the future? you know what how can we transform that area to make it more applicable to everybody and and it seems now like it's a little was that one section of town State Street included but not all the way up here it was 800 400 was the initial block that they talked about right yeah and now I mean I think that's still probably fair to say that's still the case it's the the main the renderings and the and the the more fleshed out ideas about what we could do to improve usage at at different points is still all centered on Sarah. Okay.

29:50 – 30:30Speaker 1

Still very much so. But um the connections between that and city hall and and the main city park here uh growing as that goes forward. Um but a lot of the Yeah. around Sarah and that 7 750 north 750. Well here 750 south. 50. There's there's a lot of there's a lot of stuff in there that's most of the renderings and things and the ideas about what we could do to improve that area are are still pretty much around Sarah. Yeah. The hope is though that that grows into something more that that spreads and goes up the State Street corridor further.

30:28 – 31:10Speaker 1

In that time it seemed like at least the some of the proposed models were on Fort Collins, Colorado and some of the things they've done there. That's that's that comes up a lot, the kinds of things that have happened in Fort Collins. Um but around here locally and stuff too, they've um the council went up and looked at uh the area around the new ballpark in Day. Um at the Heramman Town Center, Ice Ribbon, uh things like that. Okay. So, yeah, a lot a lot of those things, too. But Fort Collins, yeah, for the for the look of streetscaping and things like that. What did you what were your impressions of going up and saying that?

31:08 – 31:53Speaker 1

Um, it was really nice. I mean, uh, you know, the ballpark was they tried to tie in the ice ribbon or they had amphitheater in the summertime and it was a little skating rink in the winter time and, um, local food vendors, not national ones, but just local mom and pop ones that had their food. And so, they say it's working pretty well. It definitely brings people in. Yeah, a lot. It does get a lot of activity. And the that the ribbon at We'll see how how the winter goes with the ballpark went this year. The ribbon atman's busy all the time. A lot of people there all the time. And that's where they do

31:52 – 32:35Speaker 1

a lot of their other community events. Do their farmers markets in that. It's it's a piddling farmers market compared to the Orum one, but they do attempt a little farmers market in that in that park around the ribbon in the summers and um they and it's busy all winter and in the in the summer it's a kind of a splash pad too. A little tiny splash pad. It's really busy all the time and it's right by their library and the rec center. So, it's a lot of kind of city and cultural stuff. It makes sense. We're kind of in the same environment here between us and Sarah's. There's another one in Mil Creek in their new city hall. Make it up there sometime. That's cooler. See how they their ice rink works as well. Yeah, I've been up there, too.

32:34 – 33:16Speaker 1

And that's an interesting city center cuz they the bottom floor of the city building has like a little mini grocery store in it. So, it's kind of like a community use for the first floor. And so, so it's a it's an interesting So, if you have if you make it up there, that's another one to take a look at. Um some similar ideas for what we're talking about um any other just just a reminder you can jump into the Google doc and go to town you know it's very bare bones they're really ideas and no ideas are bad ideas I would say um leave comments

33:14 – 33:45Speaker 1

need some comments on if there's an existing text that we've added that you want to make a comment out. Go for it. You'll see some of Jerry's comments in there. I have yet to make some comments, but I'm going to They're dumb comments, but they're there. I've made them. They're historically accurate. Keep them forever because we don't throw away news documents. They're immoral immoralized. That'll be easier for me than I think it is a lot more when we have it written right in front of us. And

33:42 – 34:27Speaker 1

I'll take that auction ground. Oh, just as that's with not just this chapter, but all the other chapters as we add more, you can go back and um review some of those things as we've talked about the existing chapters we've got to to now. Um and then the future chapters we will be drafting and talking about. We have access to make comments. So, please make sure you add some of your thoughts in there so we can take that into consideration. There's some preliminary stuff under transportation, too. So, I mean, you've got there's what which ones have we done so far? We've done land use, intro, land use, um, and housing. Then housing. We're waiting on that. And then, open space and economic development.

34:24 – 35:08Speaker 1

Development development slasheconomics. Kind of split those out a little bit. Yeah. But, um, so, and then transportation. I will I will do that. It's fun once you get started. It's fun once you get started doing it. Make a few comments. You might have an interesting definition of fun. Probably do. Sporting fun. Maybe. Yeah. Gary told me one time they needed to get me a hobby because I enjoy doing this. So normal hobby. This if this is your hobby, you need a normal hobby. It's my hobby. Hey, if that's all we had today,

35:05 – 35:49Speaker 1

if that's really all, then maybe we just we just color work session and rejourn at it. Now you can eat. Now you've got time to eat. Question something. Yeah. Um the calendar I think is up for voting on tonight. It is. Have you all had a chance to look at that and you're comfortable with the dates and everything? It's normal. There are normal dates. They're the normal. Yeah. They're still good with first and third Wednesdays. Those are your Just wanted to make sure before it was like Yeah. in case anyone else had any other comments about the schedule, but it looked pretty straightforward. So, okay. Do you are there anything there anything else you need to know about before you adjourn? We meet every week. Every week. Every week.

35:47 – 36:31Speaker 1

But week one, we meet on on Tuesday, week two, we meet on Thursday, week three. Sounds a good idea. Just rotate it and dot it all over. And on that rare fifth week, we meet on Saturday. I'll do it. You set a record like 52 planning commission meetings in one year. Yeah, we're dedicated. We have the record for the shortest P. We Yes, it's true. Yeah, we're going to maintain that. I don't know if you can call us dedicated. Maybe sick, but dedicated. All right. Anything else you need to know? Um, we're we're open books. Anything for tonight? Main meeting? Any questions? Okay.

36:32Speaker 1

Yeah. Until 5:30.

53:23 – 54:36Speaker 1

Yep. Good. Slides are up when you're ready. No, exactly. They're just kind of

54:34 – 55:08Speaker 1

These are the old main points. Yeah. Well, when we first scored it, they said they were digital. That's what I It would. It make it easier. I can guarantee you one of those. It depends on This is all pressure systems. Whoever your vendor is that the building, they're not good. That's

55:06 – 55:54Speaker 1

Yeah, I work with control. So, we do some of that some of that stuff on the lower rather than big industrial commercial stuff. I'll be like my experience. Well,

55:51 – 56:05Speaker 1

because the way it is fixes

1:01:27 – 1:02:48Speaker 1

Good. Good to go, Grant. Okay. Then we will call this meeting of the ORM city planning commission to order at 5:34 p.m. on December 3rd, 2025 in the city council chambers. And we will begin with an invocation by Rob. Our father in heaven, we are grateful for the favorable circumstances we find ourselves in this evening. for the freedoms we enjoy in our country, for the the blessings that we have in our lives, the conveniences, and the especially the opportunity to meet and express our opinions and plan and make determinations on what we think is best for the our city here in this community. We ask thee to bless us with thy spirit that we'll be open and receptive to ideas that we'll be civil in our exchanges and that we'll be able to express our our consciousness conscious and in making decisions and we ask for these things humbly in the name of thy son Jesus Christ. Amen.

1:02:46 – 1:03:28Speaker 1

Thank you. We will begin with our consent agenda items. Item 3.1, approval of the minutes from November 19th, 2025 and 3.2, approval of planning commission meeting dates for 2026. So, any concerns, any questions? I move that the ORM city planning commission approve items 3.1 and 3.2 of the consent agenda. Okay. Do I have a second? Second. Okay. Okay. Rod moved in and hes seconded that we approve the consent agenda items. Mike I I agend. I I

1:03:25 – 1:04:04Speaker 1

Okay. Sent agenda items pass unanimously. Then we will move on to item 4.1 which is a public hearing for the Home Depot zoning ordinance map amendment. a request to reszone the property located generally at 575 East 1000 South from R8 to PD34 by amending article 22-5-3A and the zoning map of the city of ORM. This would be the point if you want to ask the question. Hel Aaron's not here. No, he's not. You want to check his book?

1:04:02 – 1:04:24Speaker 1

Ah, okay. Do you want to um do you do you want to take a break for a minute? Let's take a break for a minute until until our city attorney returns. So, we will It's been a really long meeting so far. Yeah, we're going to adjourn for just a moment. Then we will be back in a few.

1:04:21 – 1:05:27Speaker 1

So much for that. If you want to re if you want to begin the meeting again, we're okay to start up again. Uh Becca is working with Byron to make sure the doors uh block open.

1:05:27 – 1:06:12Speaker 1

Okay. Okay. We are taking care of a few technical difficulties and but we're going to resume right now to deal with our first item related to item 4.1. Sure. Erin, I need your guidance on a perceived conflict of interest. Yes. So I do I do I need to explain what it is or um Yeah. Yeah. Go ahead and just explain it so that we we kind of just know on the record. Yeah. So, uh currently I joined an a business, second business where we uh are renting space from the Woodbury in American Fork. We're expanding and I'm not sure if this will cause any conflict interest. I got to know Danny uh Woodbury the SVP for the company and

1:06:12 – 1:06:56Speaker 1

Okay, we're Hold on. Hey Grant, can we get the mics higher? And we we're currently members of the same car club. So we do a lot of events together and so it's uh I'm not sure if this is would be serve as a conflict of interest or not. So, um, do you have do you have any interest in this project in particular in terms of any financial interest? Currently, no. Okay. Um, and you don't have any investment in Woodbury other than just renting a property from him in a different city?

1:06:55 – 1:07:12Speaker 1

Yeah. I with that I don't I don't think there's a conflict. Okay. Thank you. Okay. Thank you. Appreciate you clarifying that before we started. Okay. We will begin with um presentation from staff.

1:07:10 – 1:09:09Speaker 1

All right. Um thank you. So, as you said, this is a a request for a zone map amendment uh 575 East 1000 South. The property is highlighted here. You can see that it's adjacent to this um area of the shopping center. This is the Costco here just to put it in context for you all. Um the zoning existing is R8 like the rest of the uh homes in this area. The zoning they have requested for this property to be changed to is PD34 to match this um existing shopping center where the Costco is located. Um the subject property is is they've requested this map amendment to make this property be available as part of a new Home Depot being planned for this portion of the larger PD3 PD PD34 zoning. I'm going to show you this larger part. You can kind of see that's the subject property of tonight's uh request. You can see it highlighted here. And then again some some basic plans for the Home Depot area and how that fits in. So none of the building actually goes on that property, but it's part of the flow around the building etc through the parking and things that have been planned. Um the PD34 zone uh is a is a plan development zone. It was uh put in place for the uh university place development. Um, it does have a few, it allows lots of different types of uses, restaurants and retail, etc. U, the R8 zone obviously only allows single family homes on 8,000T lots. So, it's a significant change. Um, some of the things that the PD34 zone has for development standards include uh specifically in this area where the subject property is located, uh, minimum 20ft setbacks from that west boundary of the zoning um required for many residentially zoned properties. uh an 8ft masonry wall for a buffer, an 8ft

1:09:07 – 1:11:00Speaker 1

landscaping buffer as a minimum. Uh limited heights in this hatched area heights are limited to 35 ft. And then lighting standards. There's not supposed to be any they're supposed to be able to demonstrate with any kinds of development that there's no direct glare from parking lot lights into the residential areas and limited foot candles for light pollution at the property lines. And then importantly also no access is allowed from the residential part of the from the residential zone here into the project into the property uh regardless. So going back to the slide that shows this very clearly the this area in PD34 zoning right now can't be accessed currently either but changing this to PD34 wouldn't allow access onto the property either. All the access has to come from east and north and south uh onto the project. So there won't be any access although it kind of looks confusing because that road comes down in here. Uh that will dead end uh in the development plans uh if it should be approved for reszone. Um couple of other things to to note uh about this in terms of process. This first request is for a change of zoning for this particular piece of property. The majority 95% or more of the properties that um are intended to be developed for Home Depot are already in that PD34 zone. is just about this one little piece tonight. Um, in terms of process, if it is reszoned to PD34, the Home Depot then would come back to the planning commission with two different things. Um, there are some zoning or sorry, some uh subdivision amendments that need to be made if uh the development goes as the development goes forwards and also a site plan is required and that would be reviewed under the PD34 zone by the planning commission. But tonight's request is just the um zone change. However, since we asked people to provide concept plans with their zone changes, we've showing you these things to make it put it in context so you can understand what their intent is.

1:11:00 – 1:11:25Speaker 1

Thank you. Hold on one second. Hold on one second. Yeah, just to reiterate, we're recommendation tonight only to the city council as to what to do. We are focused on this one particular lot and whether or not to change it from R8 to PD34. That's correct. So that's what our focus is tonight, not the Home Depot in and of itself.

1:11:23 – 1:11:56Speaker 1

Yeah. The commission will have to review the the site plan for Home Depot. If if this is approved and it goes on, the site plan would be a separate review. Uh you're not voting to approve or disapprove site plan tonight. You're voting to recommend yay or nay on on for the city council to reszone that one piece to include in a site plan in the future. and we get you to pull up the absolutely zone. Sure. And the list of things that are allowed.

1:11:52 – 1:12:40Speaker 1

Yes. So, this is the PD34 zone. Uh you can see university place permitted uses in the PD zone include and then it's got all of these categories. I don't know if you can see those there. It does include some residential uses. um those have different kinds of I've I've reviewed the standards that have to do with commercial development there because that's the intent of this particular application, but it does include PD34 zoning, town houses and apartments, live work units, um senior independent living facilities. There's all kinds of things, auto parking facilities, parking lots, parking structures, tobacco, musical instruments, groceries, clothing, fast food. I'm I'm hope I'm not going faster than you want, Jerry. I'm not sure. I'm just kind of going down the list so you can see them.

1:12:38 – 1:13:17Speaker 1

Scroll over home improvements. Home home improve. I did. Sorry. It's kind of an important one to application. Home improvement stores. Well, it's good to know though that it's in there that's listed. Um candy, other confections, fast food. There there are a lot. And then there are some get down to the bottom here. Um there are some conditional uses as well that are allowed in the PD34. art and music, community gardens, public dancing, the conditional use that is allowed. That's not allowed in many places in the city, but public dancing. So, you could have a dance club in here somewhere like

1:13:15 – 1:13:50Speaker 1

I think it's time that we start zoning for what they're going to put there, not the whole world. I see what you So, a more limited a more limited zoning I think it should be specific for that lot and in the future for all of them that they may want to buy. Sure.

1:13:51 – 1:14:11Speaker 1

I think it's totally inappropriate to just keep letting them build whatever they want, wherever they want. I've dealt with it for 35 years and they never build what they say they're going to build.

1:14:14 – 1:14:52Speaker 1

Thank you. Is there anything else in the zone that you want me to show or is it mainly the lists? Was it mainly the use lists that you wanted me to show for the zoning itself? No, I don't understand. Is there any more information you want him to show about the PD34? Is that is that what you were interested in? Was that list? I think that's sufficient. Okay, thanks. I I don't think we need to know every item that they're going to I this doesn't make sense.

1:14:55 – 1:15:39Speaker 1

Mike. Okay. Sorry. So, are there any other questions for staff at this point, Jason? Yeah. Um, I mean, whether this is approved or not, they can change the design to fit a Home Depot regardless, right? Um, that seems it seems likely. It's basically whether or not this lot's included. Yeah, they can't. And that might change that they have to shift something. Yeah. 20 ft. Yeah. the the the grant the great majority of the land that they're going to be using is already zoned PD34 and would just come through for site plans. Thank you. It's pretty much just making the wall straight. Yeah.

1:15:36 – 1:16:19Speaker 1

Behind the Home Depot. Very expensive. So, okay. Would the applicant like Is the applicant here? Would you like to come forward and speak? Is the applicant here? Yeah. Okay. Uh, thank you, commissioners. Um, Dan Zold, Lars Anderson Associates. I am the applicant for Home Depot. Uh, I think Woodberry is a little bit late today. Uh, they're the closest, but I came the furthest, but uh, I'm here to ask any answer any questions you may have. Uh, I did file the application for the resump. Thank you. Uh, any questions from the commission? No.

1:16:17 – 1:16:32Speaker 1

Okay. I think it seems pretty straightforward. So, thank you. We do. Okay. Do you have a comment? No. No. Just looking around.

1:16:29 – 1:18:28Speaker 1

Okay. Then I think at this point we should have the public hearing for it and open for public comment. If you are a member of the public and would like to come forward and make a comment about this reszone, uh please come forward to the mic and say your name and um limit your comments to three minutes. So we'll open for that. My name is Annette Olen and I live next door to this property and I just spoke to the man who lives I live across the street and I just spoke to the man who lives next door to the property and he said, "Will Will there be a 20 foot? He says, "If I have to have 20 foot setback on the west side of my property, then do they have to have a 20ft set back on the east side of their property? I see a 20 minute 20ft minimum. Does that mean that the wall will be 20 ft from his property line?" And number two, an 8 foot masonry wall is not tall enough. We already have a 9 foot wall and a 6ft wall and a supposed to be 8ft wall that never turned out to be 8 ft. And it's not enough, especially because the Home Depot, unless they've changed their plan, the the loading dock is going to go right next to our house. And if there's an 8ft wall, the trucks are going to drive right past our bedroom window, and we'll be able to see the eyeballs of all the

1:18:26 – 1:20:03Speaker 1

truck drivers as they drive right past our house. It's very close. And the way they drew it the last time, I don't know if they've changed it, but the way it was drawn the first time, there was not a 20ft set back from our property line to the loading dock. Um, if you look at it carefully for the other people along that street, the original proposal was a 40 foot buffer from the residents to the building, but I understand that that was increased to 60 ft for all of the other residential homes that are there. But our home does not have a backyard next to this where this is going to happen. and it doesn't h it's just right there. So, um I'm concerned about those things. Definitely, we would like I'd like a 12T wall because the last time they said we'll put an 8 ft wall. If you measure the wall from the bottom to the top, it's 8 ft. But by the time they dug down into the ground and put in the formations to put the wall, the wall only ended up coming up about six and a half or seven feet above the ground level. So these are my concerns and the concerns of my neighbor. We're very close to this and it it would be nice to know where the wall is going to go. Thank you.

1:20:01 – 1:20:38Speaker 1

Sorry. Thank you. And I will answer ask those questions after the public hearing. Hey, would anyone else like to come forward? Okay, then we will go ahead and close the public comment and then we'll go to what her questions were because I think they're legit. Like how far is the set back if the loading dock is actually 20 ft or is it from the actual physical building is the 20ft setback.

1:20:36 – 1:21:02Speaker 1

The setback applies the setback applies to the building itself. So the dock might not be considered part of that building. Um but the setback the 8 ft or there's an 8ft landscaping setback required and there's a 20 foot building setback required as well. And those are things that we measure in the site plan process and review. what I have seen so far would comply okay

1:21:00 – 1:21:57Speaker 1

with that again we're not reviewing the site plan specifically tonight but what I have seen in site planning would comply with that setback um requirement the the where as to the position the question about the position of the wall the wall usually goes on the perimeter we have made exceptions to that in the past when people want to have landscaping on their side of the wall instead of on the other um but sometimes you want the landscape it just depends on on your desired outcomes sometimes it's nice to have trees that someone else is taking care of on their side of the wall uh growing up and giving you some more uh privacy outside of just the wall itself. 8 foot's what's required in the PD34 zone right now. Um so I don't I can't speak to the the idea of 12 ft. We could do that during site planning or something. Um but 8 ft is what's required, 20 ft is what's required. The 8ft wall would go on the property line. There would be 20 ft from what where that wall is to any building at least.

1:21:53 – 1:22:41Speaker 1

Okay. Thank you, Rod. So, con to their request, I mean, I wouldn't want truck truck drivers looking in my bedroom window. Can we make that um I can't think of a proper term right now. Can we make that a a condition of the approval that they build a a 12T fence? You you could you could make those kind of statements in your recommendation that you think a 12oot fence would be required. your your other better option at looking at that as requirement is trying to mitigate impacts during the site plan process. Um I'd say a development agreement or something but there's already the PD34 zone is a giant development agreement. Um, so those I don't I don't know.

1:22:38 – 1:23:23Speaker 1

Just tracking, but I want to make sure that we don't tell them the checks in the mail, right? And then oops, it got lost in the post somewhere. Uh, because it seems to me to be a very legitimate concern and a relatively easy fix considering all the other things that are going into this development. Yeah. And and I would suggest that the way to the way to do that would probably be to suggest in any recommendation that you make that you think a 12oot wall is appropriate there and you'd like to see that as some kind of requirement somehow. Okay. Thank you. Yeah. As opposed to the zoning which is what we're concerned with tonight. Direct. Yeah. Directly. I'm just trying to address the lady's question

1:23:18 – 1:23:59Speaker 1

and I same. So, I appreciate that you have more to say, but we need to kind of have our discussion too here. Um, were your questions answered? That's what my question for you is. Do you feel like Can you come to the mic real quick? Just I'm just not sure that you all understand. the closeness of it. And so if you look at this, is this your home?

1:23:56 – 1:24:45Speaker 1

Yes, that's our house. And the the if you look back at the plan, the plan is for the loading dock to be see where that narrowest not that side, the other side right there. Don't go so fast. Go to up to number two. Go over to the dark black line. From there across to where the Home Depot starts, it's the loading dock and there that space between is about 15 ft. I just want you all to know that that's where the 15 ft is and it's the proposed Home Depot is that close to our house.

1:24:43 – 1:25:22Speaker 1

Thank you. And we do we do recognize that. We do understand that and we will deal with some of that more on another night. Okay. The other question I have is where will the wall go? Yeah. On the property line. On the property. On the property line is what we were discussing. On the property line. Straight across and straight across the road and straight up. Um are you talking about the your lot or are you talking about I'm talking about the the lot that's being reszoned. So the Can I Yeah. May I? Sorry. So the wall then would run across like this and up and over.

1:25:18 – 1:26:00Speaker 1

If if it runs up and over, that will not leave a 20ft setback between the wall and the next property owner's okay property. Yeah. And the the setback though, so the setback is to the to any building that 20ft setback that we talked about is required to any building on this property. It doesn't apply here necessarily because right now Oops. Sorry. Let me go up here. Right now, the home that we're talking about is right here. That's a That's a great question. He's not he's not got much of a setback from that property line at all. And we might be able to work on that during site planning and move it further out or something.

1:25:59 – 1:26:28Speaker 1

And I was going to say, let's let's further questions about this. Let's talk to you afterwards. We're more than happy to spend some time talking about I appreciate I appreciate very much you hearing me tonight. I appreciate it. Thank Thank you for coming out. Thank you and bringing those things to items to our attention. We appreciate it. Okay. If the applicant would like to respond, but I think this is more Woodberry's stuff than the Home Depot stuff, but you're welcome to come forward and

1:26:26 – 1:26:59Speaker 1

No, I I do appreciate the comments and we'll be prepared during the site plan review process to come before you and and actually address these. Now, I can prepare in advance. Uh the distance between the property line and the Home Depot is over 40 feet. uh we can work on the wall any other issues during the site plan review process more than willing to and we'll have exhibits ready and and that way we're talking apples and apples with the exact distances. But appreciate the comments now. It helps me get prepared for uh when we come back.

1:26:55 – 1:27:22Speaker 1

Thank you. Okay, so back to specifically this one property and whether or not we change we make a recommendation to the city council to change it from R8 to the PD34. Any further comments, questions? Jerry, push button.

1:27:18 – 1:27:55Speaker 1

Yes, back to the point I made. What if Home Depot doesn't build? What's going to go on that lot? Matter of fact, right now, we have no idea what they're really going to put on that lot. And you heard where the lot is with respect to her house. And we have no guarantee that they can't put one of those 300 things on that lot

1:27:52 – 1:28:32Speaker 1

on that specific lot. That is true, but that lot also creates the buffer. There's the setbacks and stuff on that lot as well. But we can talk about that in a minute. I hear what you're saying. There is no reason in my mind to change the zoning till we know what's going for them. Okay? Because it's wide open. It can be changed the day before they start building. That's valid. Are you from Woodbury? Yes, I am.

1:28:30 – 1:28:54Speaker 1

Okay. Would you like to come out? We we've had stuff and we've been presentation, but we would like to hear from you and like loop you into the conversation. Yeah. Sorry I'm late. I'm Kathy Olsson with Woodbury. I'm the director of development for the University Place Project. Um I don't know. Should I make a statement? Yeah, just Yeah, we're just talking about the resone this property. Why this property? Let's

1:28:53 – 1:30:07Speaker 1

um the main reason that we're reszoning the property is that it actually juts into um the University Place project and um by purchasing this house, we basically straighten out our property line. Um and I haven't been here to hear what uh what everybody's concerns are. Um but you're right there. Um there are limitations for the first 50 feet of that the edge of that lot uh where you know we can't build anything higher than 35 ft. Um set there's quite uh fairly large setbacks. Um so I don't know probably the best thing for me to do would be to answer questions I suppose. Yeah, the some of what was being discussed and that the public brought up was concerns about the wall and the wall height and the location of the wall and u particularly because of where the proposal we're not doing site plan. We get that but the proposal for where the Home Depot would be loading dock would be directly behind somebody's house and making sure that there's enough space and protection for the homeowners for taking on what could

1:30:05 – 1:30:30Speaker 1

Yeah. Did we get into a discussion at all about sound mitigation? No, we have not anything. Okay. That would be great from your Yeah. Um and I don't know if you want to handle that or I can do a we haven't gotation. So that would be a great thing to talk about. Um I can handle that. Okay. Um sure. That's again site plan. So it's more sight specific

1:30:27 – 1:32:06Speaker 1

topic we weren't talking about but you know she already brought up the the option of maybe a 12oot wall. Uh we actually thought that would probably be the main concern of of the residents. Uh there was that's what was brought up in the community meeting uh was sound and light. Uh and so we we've done and will be prepared uh to uh address sound during the site plan review uh process. Um it is we have a sound study that actually is being reviewed by staff. what it went in the second second uh submittal. Um and so we are looking specifically at that lot too. Um there is a lot of actually ambient noise today uh in in the existing property. Uh meaning if you check the noise levels of of what that lot 2 is experiencing and um those seven lots that do currently abut um the um the PD zoning uh they are experiencing today uh you know quite a bit of ambient noise and so that's something that we'll be prepared to cover in the uh site plan review that lot two is probably the most the most impacted uh of the ambient noise Um and and we'll have those exhibits ready for you to review. A 12T wall is a visual impact and but it's also a um a noise reducer that would would potentially um assist that lot too. Um and so uh it's something that we're looking at and we'll prepare to discuss during site plan review process.

1:32:03 – 1:32:48Speaker 1

Great. Thank you. Was there anything else as representing Woodbank? In addition to the wall serving as a buffer, uh there are also landscape requirements, landscape setbacks along that wall and we plan to pretty heavily vegetate those. So that should also help um mitigate noise in that area. Okay. Any questions for the applicant or Yes, we'll just say the applicant um for for them right now regarding this. One other slight thing I'd like to point out. These invitations to this meeting went out Monday.

1:32:46 – 1:33:19Speaker 1

Is that when you got yours? That's when we got was Monday. You got yours? And I might mention the meeting they were going to hold before that they uh postponed. I only know of two people that received the notice. Me and the previous owner of the lot.

1:33:15 – 1:33:58Speaker 1

Okay. Yeah. That once again, further notice issues. That's city side stuff that we need to further address apparently. So, okay, bringing it back once again. We're talking right now about this one lot and whether or not to reszone it to the PD34 or leave it as an R8 or change it to something or change it something else. A bit limited. Well, that's what the commercial that is what the that is what they asked for. That's what we can do right now. That's what our choices are. We also don't have a more limited commercial. We don't have a more limited commercial. Yeah. If we opened it up.

1:33:56 – 1:34:24Speaker 1

So, if you gave it to C2, you'd get even more stuff. So, they could put a Yeah, you're actually The only advantage is you'd avoid the condominiums and uh town homes and crap that we don't want there. That's what they've asked us. That's what they have proposed. That's what they're asking is R8 to PD34. Um, any other Brad?

1:34:23 – 1:34:50Speaker 1

So, I realized that, you know, there's lots of things we don't know about this and I think, you know, those things will become clear in the site plan. Um, so I realize that there's some concerns and issues that still need to be addressed, but I'm actually ready to make a motion. Okay.

1:34:48 – 1:35:33Speaker 1

I move that the ORM city planning commission forward a recommendation of approval to the city council for the request to reszone the property located generally at 575 East 1000 South from RA to PD34 by amending article 22-5-3A and the city and the zoning map at the city of ORM. Do I have a second? Second. Okay. Rod moves hast second that we forwarded approval recommendation of approval to the city council. Um Rod, is there anything else you'd like to say? No, I just reiterate that we

1:35:30 – 1:36:13Speaker 1

there's much to be discussed still, but for tonight's subject, that's it. Okay. Hey, hi. Well, I didn't I was asking for vote. I was asking if you wanted to say anything. No, it's I mean they can put Home Depot if they wanted to without the house and Home Depot is a good revenue generator for this city. I'm tired of going to London. Uh I mean they can if they wanted to. There's nothing we can do about changing what was approved before. It's realistic. Does anyone else want to make Mike? Do you want to make a comment? Are you good?

1:36:08 – 1:37:22Speaker 1

Yeah. Would you like to make a comment? And I'm going to do this over the mic to clarify it. So, what we're voting on is whether or not to change one lot that's on the edge of the neighborhood that Woodbury owns from R8 to the PD34. So it rolls it into what to to their property. That is all we're voting on tonight. The site plan will come before us. It sounds like there'll be some subdivision stuff that comes before us. There'll be other things. So this is only whether or not this lot should change from R8 to PD34. Do you like to make any comments before we go to vote? Nope. Okay. And I'm kind of in line with Barry owns it. It's part of it. I think what the concerns are are things that can be addressed as we go through the rest of the plan. Um so um now I'm going to say we're going to start Mike for voting.

1:37:20 – 1:38:05Speaker 1

Nay. I nay. I I Okay. It's 3 to2 which actually means that there will be no recommendations sent forward because we don't have four votes for it. This will go to city council and and it will be the same process over there over whether or not to change this lot and I think it's supposed to be on next week's city council. Yeah. So we encourage people to come out and talk to them there as well. So if there's nothing further, we're good. Nothing else from you guys, Jared? Uh, not from staff. No. Okay, then we can adjourn.

1:38:03 – 1:38:24Speaker 1

I make a motion that we adjourn. Okay, second. Okay, hast moved. No, sorry. Mike moved. H second that we adjourn. H I I adjourn. I I Okay, we are adjourned at Thank you everybody. Thanks very much.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.