Planning Commission - Regular Meeting

You're enjoying

your food.

That's okay.

We'll get started with training for tonight. So one of the items that we can train on is ethics, and that's we're gonna do tonight. So as planning commissioners, you are functioning in a city capacity and have to follow the ethics rules that we all have to follow as well. Similar to our public officials that are elected, any city employees, we all have to the same code of ethics. And so this is a training that the city puts on for us every year, and so we're gonna share that with you all tonight.

Every year, you're also required to provide disclosures to the city, and this will explain the reason why you have to supply those and the ethical reasons for giving some. We'll go through that, and let me know if you have any questions as we go.

That's great.

Welcome to Sandy City's annual training on the municipal officers and employees ethics act. I will refer to this act as the ethics act throughout this training. The state ethics act is found at Utah code annotated beginning with section ten-three-thirteen oh one and ending with section ten-three-thirteen 12. Sandy City also has similar provisions found at Sandy City code beginning with section one-three-one and ending with section one three dash 11. The Ethics Act applies to all Sandy City elected officers, which means the mayor and city council members appointed officers, which includes statutory officers like your department directors, and the Planning Commission, Board of Adjustment, and other city boards and committees.

And it applies to all full and part time municipal employees. The Ethics Act does two things. It establishes standards of conduct and it describes conflicts of interest that must be disclosed, some in writing and some must be disclosed verbally.

Let's

talk first about standards of conduct, gifts. Pursuant to the ethics act, you may not knowingly receive, accept, take, seek, or solicit directly or indirectly a gift if the gift would tend improperly to influence you to depart from the faithful and impartial discharge of your public duties, or if you know the gift is primarily to reward you for taking official action. The Ethics Act doesn't provide much guidance on what is. The Ethics Act describes two things. First, a substantial economic benefit tantamount to a gift.

This phrase includes a loan at an interest rate that is substantially lower than the commercial rate than currently for similar loans, and compensation received for private services rendered at a rate substantially more than the fair market value of the services. Those are just two examples. Second, the Ethics Act refers to gifts of substantial value. But the Ethics Act does not define the term substantial value. The Ethics Act then tells us what is not a gift.

The following four things are not gifts: an occasional non pecuniary gift valued at less than $50 an award publicly presented in recognition of public services, any bona fide loan made in the ordinary course of business, and a political campaign contribution. Unfortunately, the Ethics Act does not provide any other guidance. Assuming you work for Parks and Rec, the department has decided to request proposals to purchase new lawn mowing equipment. A friend of yours works for Short Grass Mowing Products located in Madison, Wisconsin. Their friend calls and discloses that Short Grass Mowing Products intends to submit a proposal to the city, and your friend invites you to travel to Wisconsin to inspect and test its lawn mowing products.

Of course, the city pays your travel, to Wisconsin. But while you're in Wisconsin, your friend offers to take you and a coworker to a Green Bay Packers football game. The cost of the tickets is $150 per ticket. Tickets are gifts, and you should decline them. It's not always easy to determine what is or is not a gift.

So the safest course for you as a city employee is if anyone offers you anything, decline and ask your supervisor. Next, let's talk about private, controlled, or protected information that you receive or have access to as a city employee. Pursuant to the Ethics Act, you may not improperly use or disclose such information. The term improper disclosure means giving information to any person who does not have the right and need to receive the information. The term improper use means to use the information to further substantially your personal economic interest or to obtain privileges or exemptions for you or others.

The terms private, controlled, and protected are defined expressly in the Government Records Access and Management Act, also known as GRAMA. The definition of terms is beyond the scope of this training. So the safest course for you as an employee, treat all information as private, controlled, or protected. And ask your supervisor before disclosing any information. Now let's talk about using your position at the city.

Pursuant to the ethics act, you may not use or attempt to use your city position to further substantially your personal economic interest or to obtain privileges or exemptions for you or others. Assume you work for the police department. You own investment property in Sandy City, and there's some vacant property next door. A development is being proposed for the vacant property that you believe will increase the value of your own investment property. Because of your employment, you know some of the planning commission and city council members.

And you use your employment relationship to persuade the planning commission and subsequently the city council members to approve the development. That would be improper. The safest course for you as an employee, never use your city employment to gain any special personal advantage in a non city transaction. Finally, let's talk about receiving compensation for assisting another. Pursuant to the ethics act, you may not receive or agree to receive compensation for assisting any person or business entity in a transaction involving Sandy City.

The term compensation is broadly defined as anything of economic value. The term assist is broadly defined as help or offer to help or agree to help in any way. The term business entity is broadly defined as any kind of business organization. Assume you work in the city's finance department. The city wants to hire an outside independent auditor. And as a secondary employment, you work after hours for easygoing auditors. Because of your inside knowledge of the city's finance department, easygoing auditors asks you to be the lead in getting the city's contract. Of course, you'll be paid for your work. This would be improper. It's not always easy to determine when you must disclose something and when you shouldn't.

The safest course for you as a city employee is in any transaction with Sandy City in which you are involved, ask your supervisor first. There is an exception to the rule prohibiting your receipt of compensation for assisting someone in a city transaction. First, you can make a written disclosure and second, a verbal disclosure. Let's talk first about the written disclosure. You may file a sworn statement with the mayor stating your name, the name and address of the person or business entity you are assisting or intend to assist or in which you have a substantial interest.

The term substantial interest means a legal or equitable ownership owned by you, your spouse, or your minor child, and is 10% of stock or other ownership interest involved. You must also disclose a brief description of the transaction involving the city. The sworn statement must be filed ten days before you agree to assist or ten days before you receive whichever is earlier. If you are a city employee, you must also verbally disclose the same information to your immediate supervisor and other city employees who may rely on your evaluation of the transaction. Or if you're a member of the city council, planning commission, board of adjustment, or other city border committee, you must verbally disclose the same information to the public body of which you are a member in an open meeting.

And you must disclose it immediately before any discussion regarding the transaction. Remember, the Ethics Act has two It establishes standards of conduct and it describes conflicts of interest which must be disclosed. We've been discussing the standards of conduct and now we're going to discuss the required disclosures. You must file a sworn statement with the mayor if you are an officer, director, agent, or employee of a business entity or if you own a substantial interest in a business entity and the business entity is subject to the regulation of Sandy City. Pursuant to state law, the sworn statement must be filed on two occasions.

First, when you are first employed by the city and any time after you become employed if your position in the business entity has changed or the value of your interest in the business entity has increased. However, the city has created a form to assist you. It's called the disclosure statement of interest. And city policy requires you to complete the form annually in January. However, you should complete another form during the year if during the year your position in the business entity has changed or the value of your interest in the business entity has increased.

If you have any questions about completing the form or you want to get a copy of the form, contact human resources. You must disclose in the sworn statement the position you hold in the business entity. For example, are you an officer, director, or employee? You must also disclose the nature of your interest business entity. For example, do you own stock or are you a partner?

And you must disclose the value of your interest in the business. If the value is less than $2,000 you don't need to make the disclosure. And life insurance policies and annuities associated with the business are not considered in determining the value of your interest in the business. If you are an officer, director, agent, or employee of a business entity, or you own a substantial interest in a business entity and the business entity does or anticipates doing business with Sandy City, you must verbally disclose the nature of your interest in the business to your department head if you're a city employee. Or if you're a member of the city council, planning commission, board of adjustment, or other city board or committee, you must disclose the conflict to the body of which you are a member in an open meeting.

And the disclosure must be made in the open meeting immediately before there is any discussion regarding the proposed business. If you have any other personal interest or investment that creates a conflict?

Do you have a question? Yeah. I have a question. If your business is intending to do business for San Jose, but I don't know if it's going come for planning. You want me to disclose in an open meeting that I have a conflict. This would be the Darien.

This would be the Darien. That's what

I'm So the city has put out an RFP for an economist. Right. We have an economist who would like to do that. I've talked to the person running the RFP, and I'll write a letter recusing myself from any interest if it comes to the planning commission. And I have nothing. I'm not a economist. Do I need to do that in an open meeting in the planning or just wait and see where it goes? And then if it comes to the planning commission, I just

So I think that you just need to do disclosure. The only time you would have to disclose it in the meeting was if it came up for discussion in the meeting.

So have we have we done that before?

It says disclosure. I feel like I have every year. But

I think January. You do it every January. And so if something changes, then you would do it again. Yeah.

But I think I do this. I you're in violation.

I live in violation. And I blame this law for why the political system in The United States is broken, but I'll talk about that in a minute. So

if you're intending to do transaction, I think you disclosed the transaction on a case by case basis. It's been a while since I've read the actual statute, so I'm taking what I kind of remember mayor. I think you just go to the mayor with a written statement statement that says, you know, my company write

the letter to the mayor and put it in canceled.

Yeah. Yeah. My company is considering doing business with Sandy City, and I'm the planning commissioner.

Yeah. And there's a form that we can also have you fill out too.

Yeah. And so the annual form, does that is that for, like, an immediate transaction? So do you change your form every I can't

I'm trying to an update if if that status has changed. I thought that form was if

you had an interest in the

If you're interested any interest you have

in the city, businesses or owners give or

Right. But you probably already disclosed because you probably already thought that your company might do business.

I think they have.

Oh, okay. Well, then you'll wanna update your form too.

Okay. So I need to talk to somebody about it. Have somebody send it to me. I have to write a

letter now.

Other question? Yeah. This law changed the politics in The United States. You know that? Because it used to be that Democrats and Republicans would go to basketball games today. And they sit in the skybox and they would talk

and then they confronted.

But when this law was passed, I was working at the state and they started passing We're we're a work. Ir own little echo chamber. It's a mess. And it's not only here, it's every state. California to the South.

It's crazy. That's all. Yes. Yeah.

We go 1.5 Mike?

It doesn't let me. Oh.

Your personal interest or investment.

They took me the only way from us to do that.

Make a verbal disclosure of the conflict Please do. To your department head if you're a city employee or if you're a member of the city council, planning commission, board of adjustment, or other city board or committee. You must disclose the conflict to a body of which you are a member in an open meeting. Any municipal employee who has filed a sworn statement with the mayor, which we talked about before, doesn't need to make the verbal disclosures that we're discussing under section ten-three-thirteen oh seven or ten-three-thirteen oh eight. Finally, if you knowingly and intentionally violate the ethics act and the city enters into a transaction because of your violation, the city must terminate your employment and you may suffer criminal penalties.

If you have any questions about the ethics act, please contact human resources or the legal department.

We'll do a collective q and a here. Final

answer? Yes.

Limit is 50.

Who

does this apply to? Pro false, you may not use your senior positions to further your personal economic interest or obtain privileges for you or others? There we go. True or false. If you knowingly and intentionally violate that lastly Doubles.

Yeah. Very

long question.

So this kinda gets to the question you had. So if you if you own the firm or have an interest the firm and they're doing business with the city, at least ten days before you agree to assist or receive compensation, sworn statement must include the following. Your name, entity is it a, b, or c, or d? It's the most complete answer. It's the

most restrictive. And

it's also the current. K. Good job. Did because y'all have some cows. He's gonna have to watch that on some time.

Yes. Or he can

watch the video of of us on his own time. He can play that. Any other questions or discussion on the topic of ethics and how it applies to you as planning commissioners in your role with the city?

It's like a snipe.

I was gonna say it so you can figure it out. Yeah. I

I think that it means it can't be cash. Even if it's less than $50, I think it means it can't be cash. But I'm gonna Google it. Okay.

I'm looking at it right now.

Yeah. Can read it to you.

Relating because you're a little pretty sistine. Okay. Relating boy. So

so if someone gives you $20 in cash, that's not a non pecuniary gift less than $50. But if they buy you lunch, also today, that might not be less than $50. But in case it is less than $50, that would be not a keen hearing. That's what So

it says, means relating to or consisting of money, financial matters, or something quantifiable in monetary terms. Often used to describe losses, damages, or benefits. But just really financially, like loss of wages as opposed to non nonmonetary damages Yeah. Which would be non

So it's really funny that they say nonpumiary valued at less than $50 because

bit

I think if it's a ticket or a meal or, you know, like, a T shirt or a water cup or, you know, like, the kind of things that people hand out for that are just not expensive, and they give it to everybody not to induce you to make a certain decision. No. It's

true. You know, we do a lot of conventions, and we'll we'll buy a ton of that junk. Yeah. And it's all under $50. The swag. Yeah. It's the cheapest spread. And the cost is

just good to me.

That's not good for guy recognition, is it?

Yeah. That's everything's just strange. I mean, the the whole swag of guest world is crap.

Yeah. I still find myself craving stuff in those tables. That they still didn't like

Another pen that I don't need.

Or another stupid big paper.

Some of my best are from the Into the safety care. I missed that. That is so I'm always surprised because I pick it up and use it because I can't find another one. And I'm like, oh my gosh. This really works Yeah.

Oh, like, you know

Yeah. Since since accidents are there's no control. Sat down the first thing I need to do is just the same. It's just that I had to have, like Whether it needs to a chest thing. Exactly. Yeah. If they were up,

I would have been down.

This is something that we're about. Yeah. I love

watching the people who demonstrate how how to use these chairs. Because, you know, we buy a lot of furniture for our clients. You'll have somebody who really understands the chair, and they'll start going through all the things. And pretty soon, they're confused themselves. Either they have the wrong switch and it goes down rather than up. Oh, They're they're too complicated. So I remember when AT and T came out with that black phone that had too many buttons on it. Nobody's here up to do it anymore.

That's me. People will say, well, you can do that. They said, is it two or three steps? If it's more, I'm

not interested. I'm gonna do it.

I have no interest. Yeah. Call my kids, hey. You gotta come sell my VCR stuff or whatever it is now that

Okay. But the one now is light switches. Oh, yeah. You can walk into a room like this, brand new, and there's a thing on the wall that's panel. It's got 12 buttons. Yeah. The smart switch. And you can set it to do anything. Yeah. You can set it to sing to you. Yeah. I hate to think. Yeah. Because you just want to go ponder. I just wanna walk into the room and have a lights on. Yeah. I don't I don't know that I need to have 16

Yeah, that was a trinity.

Was totally thought of some.

I did think there's something that I wanted to bring up with you. So with our staff reports, we have tried to kind of come up with a standardized form to those things. But we're wondering for feedback from you since you're our target audience as well as the public. If there's any things that you would like to see changed or altered or different items of information that you want, more glanceable information, anything any feedback that you have on our staff reports that you'd like us to incorporate and and make a standardized feature too or something you see in other communities that you like?

I've always stopped here for. Okay.

Not here fishing for compliments. Just so

you No. No. I just I I can't think of anything that's missing. I

think a reminder on sometimes if it's a you guys know it's a heated item. So it's a heads up on the two minute rule.

Yeah. Okay.

We should discuss that ahead of yeah. Ahead of time. Yeah. Yeah. Give us a Not in the report, but ahead of time. We just do it all the time and make it standard. That's what I would prefer. Probably be better

for me. We can.

And not just pick between meetings, which meeting we do. You upset people when

they're used to coming and it's like they can talk twenty four hours and then all of a sudden you go two minutes and all of sudden they're pissed off. Think before they stood up. Well, it's a lot of people wanna talk, we try to limit it to two minutes. I

think They do it three minutes just as a straight standard.

Because we have But we've had those people show up 17 pages of written stuff that they wanna stand there and read. You know, they read, like, the first three pages, and then they cut them off.

And they can always provide it in writing.

To know that it is only two minutes, yeah, they could write their talk

two minutes. Sometimes they send us an email, and then they read it to us.

Yeah. I I haven't quite

That's never happened before. No. I I

have a question. What's happening next Tuesday with the city council? Council?

I can go I can

go through that. So next question

comes

line

question. With things in the general plan and so forth. So Tuesday night is the first meeting with our consultant to kick that process off. Somas. Somas. Yeah. And it should only be about forty five minutes long, they're saying. So what they're gonna ask you to do next Tuesday night, we're not gonna have it in the multipurpose room. You're invited for dinner at 04:30. And then we would through the presentation and answer questions.

And that's really what it all is on Tuesday night. And then after that, though, they're going to take a few minutes and report on their housing workshops that they did. They have a final report now ready for that. That's going to be a big deal that we're going to give to the consultant to some direction and some things that they want included. So they're asking you or inviting you, you don't have to, but they've moved that up right behind. So if the planning commission wants to hear that, they think that would of comes

time? Shoulder to shoulder time.

Guess we won't have these. Then once the first discussion is over, just so it's not awkward, I told them I'll tell you they ask us to mention to you once that first is over, if you're staying for the housing workshop or not the workshop, but the housing presentation, which is supposed to be about fifteen minutes is all, come back down and sit in the and then just kind of watch that normal because it will be kind of crowded to stay up there longer. So Cindy Sharkey is gonna ask for you to to go down at that point. She asked me to bring that up so it didn't seem awkward that she's not kicking you off.

She's just Get out there.

Yeah. At that point, she's just gonna have to go down and sit with staff and Shake the chair. Have fun.

She is right now. So four thirty for dinner.

And then what time does that

presentation stand? 05:15. 05:15.

And so there's So

six

If you don't choke it

by 04:30, that's okay.

Okay. But So 04:30?

As long as you want dinner,

then If you want dinner, then

04:30 is when you Dinner starts at 04:30, but you can kinda come and grab his

They would love for you to come and mingle and eat dinner there too. That's what they have told Yeah.

Right? Yeah.

Are you gonna record that? I can't be the the The whole night's recorded.

All of

the same council members.

Yeah. So you can Just on the council. Absolutely. Yep. They video it so you can watch the you know?

That. To there's always that, And you know, you can always go in and in the box too. So that's a great point.

So so it's dinner and then Dinner and a movie. A movie. Yeah. And then we sit at the dais immediately. Yeah. You just

that will likely come back to you in the form of a code letter.

Who's the housing consultant?

It's the same as It's our land development code update consultant.

Well, the one that they if you're talking about the report they wrote, that's just in the in staff workshops that council held. Their own staff that had written this. The housing Yeah. That they're presenting. That's their own staff that's just put together what they went through. But

our our consultant won't be there.

The city council had multiple meetings on it. Right? Back to your two minute thing. If if someone gets up there and they're being a little bit agitated and or calling out for the city or like, what do you do? Or

You just you just go through it. It happens all the time. The one guy got really and that's when we kind of interrupted and said, hey. You know, that's he didn't come to city council, by the way. I don't think his his family brought him.

Let's do this. Let's do Let's Let's do this. Let's

that's inappropriate. That's all of the chair to address that. No personal targets on Mr. Warner. I've

heard that they have to stop because that means Really,

I tried. I mean, that's you know, I mean, that really is up to the chair to control that and say that that's not what we have here. That's unacceptable. You know, if it gets really out of line.

Or if they start addressing

I have a lot that we just trying

to as the planning commission. That's also the role to say, sorry. You're directing your comments to us, not to this the city engineer or whoever.

Then the guy with him was taking pictures of us all.

Do we have I do.

I have a mechanism to have a police officer come up if I need Okay. Really quick.

And and you guys the chamber

we've changed on it.

Do a recess and leave if you're wanting, like, the audience to get taken care of by staff. So, I mean, if it really is that bad, you could request a recess. And I do they do they do recess by motion? Yeah. So you would just do a motion and tell me active or take her down. And Yeah.

I haven't seen that happen. No.

And that guy was fairly rude last time. But you know what? We get shots taken all the time at us. I mean, we live with of it. But if it got to

the point where you felt threatened,

you know, we would I would have an officer come up. And if we know a meeting is gonna be controversial ahead of time, we always have an officer come

to our meeting ahead of time. Just to have that presence.

It's like, you know, remind people that they need to need to be on their best behavior or help take care of them.

If you ever wanna see really bad attendance at public meetings, you can sometimes find video on YouTube. Unless that's gonna scare you away from being by the fishers, then don't forget I said it. And Just just about that. Yeah. Take it back.

I work with they don't like being in front of people, so they're nervous to begin with. And then, you know, it doesn't go the way they think it's gonna go or somebody gets up and says something that pisses them off. Then that's just humans have emotions. It's very honor that city council have very little problem with that because they've done it a while

and they stayed consistent with that. And people get up and do that and they go, but they are very strict on interrupting them. It would be like Dustin, the counsel director, who sits over, which would be kind of he's very strict at saying your time is up. And if they still don't leave, the attorney says your time is up. And usually by that time, they leave. They very seldom have any problems with it. People respect it. That city council quite well. And I think it's just it's expected. They have that

they use that big thing on the wall. And so it's beeping right at you. Boom. Boom.

We have knocked on your side, but we can if if that's something you wanna I'll just

use I mean, we can just clock

it for now and see how it goes. Two minutes is the standard. Yeah. I think that that does feel like they don't fit quite the same. Space because I think sometimes they find themselves. Well,

a lot of them, two minutes is the same thing over and over again. Because a lot of them get up and say the same thing. And so two minutes is good to say the same thing over and over again.

I say it

two times. Yeah.

But I mean, you have to be respectful, like you said, because it can make people a little bit bad.

Have to use a script in the past that kind of provided that disclosure. If you want that, Jared, we're asking to provide that to Wanna read that out and just put everybody on notice or do

it by heart or however you wanna do it. That's what they do at city council. They put people on notice, say, here's what's expected. We're only gonna give this much time. Yeah. They're They do it right at the beginning of the meeting.

It helps. I think we did the Yeah. Let's

If we knew we were going to have a meeting. But I don't really feel comfortable going back and forth between meetings and trying to decide which one. If it's our policy, we just stick with the policy for every meeting so we're consistent and we follow our policy. Yeah. Do it. And I will be the one then over there who says your time is up because you guys shouldn't have you to guys aren't doing the watching all the time. I'll just say, hey, your time is up. And if they don't leave, then I'll send Mike down to bring Moe up.

The most intimidating one of all of us. I've been a shepherd.

I'll send Darion now. But, Bill, that, you know, that your things are supposedly bulletproof to go down under.

Was the table bulletproof.

That's what I'm told.

And it's never been tested. Yeah. It's never been tested.

It doesn't

have to go up

to counsel. Yeah. And I do have a thing where I can call police immediately, and they're here within seconds if if need be. I don't think they've learned Okay.

I think it should pull it. Okay. Yeah. I don't know if it's still 06:15. K. Let's do it. We test

Alright. Recording in progress.

Welcome to tonight's planning commission meeting. We'll do a quick round of introductions of staff and planning commission, and then we'll do a pledge of allegiance, then we'll get into the agenda. You wanna

Jennifer George.

Cameron Duncan.

Lenny Stavenport.

Danny Schoenfeld.

Ron Mortimer. David Hart. Steve Wrigley.

James, you want to introduce yourself?

Okay, my name is James Sorenson. I'm the community development director. Next to me, have Darien Alcorn, the senior city attorney. Mike Wilcox is the planning director. Sarah Stringham, planner over here in the office. Thomas Erwin, a senior planner. Quentin Spencer, development services manager over here. Ivan Hooper is transportation engineer. Brittany Ward, assistant public works director is with us tonight. And Ayesha is our planning secretary.

So just a quick update or just format for tonight's meeting. We'll have a staff member introduce the the topic and then the applicant will give an opportunity to present on that and then we'll open it up to public comment. Public comments will only be two minutes each and we'll have somebody time that and then we'll have staff bring that that back comments and then come back to the commission for deliberation and possible action on each of those items. So the first item tonight is the WattUp success restructure. I need to recuse myself. Oh, that's right.

Thank you.

Is the WattUp's accessory structure? You had that one for tonight?

Thank you, Mr. Chair. I'll do the introduction and then we'll allow the applicant to come up and then followed by our staff member. So this item is a request submitted by Doug Wattups. They are requesting a conditional use permit for a detached accessory structure both for height and size and this property is located at 20 Rollingwood in Pepperwood. I believe the applicant is here and can come up and make their presentation of planning commission.

If you could state your name and address for the record, please.

You bet. I'm Doug Wadups.

I'm Stephanie Wadups.

Live at 20 Rollingwood Lane, Sandy, Utah. As Mike said, we're requesting for a conditional use permit for detached garage. It's I think that the staff report did a pretty good job in showing where it would sit on the site as well as kind of the design. It's 1,940 feet, if I've got my numbers right, which would put it over by four forty feet. It's 21 feet tall, which puts it over by about a foot.

The reason that it's over by a foot is we've tried to design it to kind of match the mid century modern style of house fit into the neighborhood, kind of have a broken roof line and kind of a broken front. And just in the design elements, it needed to be a little taller to make that kind of an architectural design work. You can see it'll be have the kind of character of the house to match the house. It meets with Pepperwood's requirements on the stone and the different type of services. I don't know there's a lot more to say about it unless there are questions.

Any questions from the commission? Good. Thank you.

Just thought I'd I'd go ahead and add they have received approvals from the pepper wood HOA. Which is a requirement for the HOA that they have to get that approved and we do like to see that that's already done before so they have received that. Staff doesn't have any concerns so we are recommending that this be approved as is and the outlined findings and conditions.

Any questions? This item has been noticed to the public Is there anybody here that would like to speak on this item? Anybody online, Mike?

If you are joining us via Zoom webinar and would like to speak to this particular item, please use the raise your hand feature now and we'll address you one at a time. I'm not seeing any hands raised.

Okay, we'll close that and bring that back to the commission for deliberation or action.

Yeah, I'm ready for a motion.

Go ahead. Anybody has

a question? Okay, I'd like to make a motion that the Planning Commission approve a conditional use permit for additional size and height. And as described in the staff report for the property located at 20 Rolling Wood Lane based on the following two findings and subject to the four conditions.

Is there a second? I'll second that. Steve.

David Hart?

Yes. Steve Wrigley?

Yes.

Ron Mortimer? Yes. Lenny Stavenport? Yes. Jennifer George? Yes. Danny Schoenfeld?

Yes. This motion carries. Thank you and good luck. Next item on the agenda is the Mark Ray Medical Dental Office. Mike, do you have that one first?

Yeah. I'll introduce this item. This is a preliminary site plan review for a commercial building at the property located at 7865 South 700 East. As this is approximate to residential neighborhood to the east and north and south. This item is required to come before the planning commission for further review. I believe the applicant or his architect is here today and he can make presentation on this item followed by Clint Spencer who is the staff planner on this case.

My name is Robert Money. I am the architect on this project.

If could you also just state your business address as well please.

Could you have Cameron? Actually you need to call Cameron back in who recused himself. Oh Cameron's coming back in. Thank you.

Okay. Sorry, go ahead. Would you just state your business or business address, please? At

this time, we do not have a tenant. We are asking just for the shell of the building to be built. The owner is working with a dentist, and hopefully, that's what we're gonna end up doing. But right now, the building is not designated. We don't have a tenant at this time. I've read all of the staff recommendations and requirements, and we have no problems with any of them. Would

you also just state your business address for the record, please?

K. I'm at 2457 Countryside Lane in West Jordan.

Thank you. Any questions for the applicant? Okay. Thank you.

Alright. Good evening. As was stated, this is for a just a small medical office on the corner here. It's currently a vacant lot, and the BD zone has been zoned that way since 1996. A couple of years ago, the home was removed, so it may kinda make way for this project to take place.

Just a couple of things about the building. It's about 2,600 square feet, 15 feet tall. You can see the finishing materials there, and there's going to be 13 proposed parking spaces. In terms of zoning considerations, some of the things we're looking at or or asking for conditions of approval is property consolidation. So currently, as we talked about on our on our little field trip, the property consists of two different parcels.

Those will be combined, and then there will be some dedication on the north side to accommodate a five foot sidewalk. There are two existing driveways that are currently on the property as well. Those will need to be demolished. The applicant will have to work with UDOT on the 700 East 1, but the obviously, the one on Ponderosa can be removed and that will be replaced with the the the new parking approach or driveway approach. And then that any utility boxes are required to be to be screened as well, so they'll need to provide those screening materials and such in in future plans.

Other than that, parking requirements for this building are satisfied with the zone. In terms of architectural design, the building does meet all of our standards. There's a couple of things that need to come to compliance with the building. One is that the the roof drainage needs to be shown how it will be dealt with internally to the building instead of having an external downspout. And then in terms of the plans, some of those landscaping and civil plans don't quite match up.

There was some discrepancy in terms of, obviously, the parking lot where we've got a wider park strip now or or wider parking island. And then in terms of the drainage corner or the retention detention on there, it's a different shape on the civil versus the landscape. So those are just need to come to compliance. Having said that, we do find that this is you know, with with these conditions, the project is consistent and compliant with our zoning ordinances. And I've got the kind of an abbreviated version of the conditions on the on the screen here. So if there's any questions, I'm glad to answer I can. Any questions for

staff? Okay. Thank you. Thank you. This item has been noticed to the public. Is there anybody here that would like to speak on this item? Anybody online, Mike?

If you are joining us via Zoom webinar and would like to speak to this particular item, please use the raise your hand feature now and we'll address you one at a time. I am seeing no hands raised.

Okay, we'll close that and bring it back to the commission for deliberation and possible action.

I'm ready to make a motion, mister chair.

Go for it. I recommend that the planning commission determine preliminary site plan review that the preliminary site plan review is complete. Substantially complete for the proposed Mark Ray Medical Office Building at 7865 South 7th East in the BC zone based on the three findings and the 10 conditions in the staff report.

Is there a second? Second. From Dave.

Lenny Stafford. Yes. David Hart.

Yes.

Cameron Duncan.

Yes. Ron Mortimer.

Yes.

Steve Wrigley. Yes. Jennifer George. Yes. Danny Schoenfeld.

Yes. This motion carries. Very good. Good luck. Alright. Next item on the agenda is the Monroe Street Commercial Condo Amendment.

Yes. This is for a property that's located at 111 West 9000 South. They are requesting subdivision review for a proposed commercial condominium plat that would split an existing commercial development and commercial lot into two commercial condominiums. I believe the applicant is here and can present on this item followed by Thomas Irvin who's the staff planner.

Can you just state your name and address for the record please?

Yeah. Mark Sudbury, 2220 Murray Holiday Road in Holiday. And this is a building we've for about ten years. About eight years ago, we did a pretty extensive remodel on it, and that's when we actually added the second level and the two spaces for the two tenants that are in there currently. It's been under one ownership, and we just really want to divide it out so we can put the two spaces under different ownership.

At the time of the construction, we worked with Sandy City and the building department, everything was permitted and approved. And at that time, we split up the meters. We put submeters in so we would have a way to bill both tenants separately. So really, in this case, we're not really changing anything. There's no construction changes at all in the building.

It's simply to get the legal structure changed to a condominium so we can sell the two. I just I just wanted to make sure we're not confused that we're not dividing the lot either. We're not really subdividing the lot. It's stays as one lot, which will be owned by the condominium association. And then the airspace will be owned by the individual tenants.

So pretty much a legal change of ownership, and everything else remains the same. I believe we've worked with Thomas and got all the things done that the city wants and the building department's approval. So hopefully, we're good to go, and we can get on to the plat and the CCRs. Any questions?

Any questions for the applicant? Okay. Thank you. Okay. Thanks. Thomas.

Okay. So as stated, this is basically a commercial condominium, which is treated like a subdivision amendment for our ordinance. It is in the regional commercial Zoning District. They're off of 90th South. It's basically the conversion of existing commercial space into privately owned units.

Primarily, what staff does in this review is we make sure they meet all the plat requirements for the subdivision plat. We also have the building official go through the property to make sure there's no life safety concerns, and we make them do a capital reserve study. This is part of the state law requirements to make sure that, you know, there's a the shared parts of the facility, the HVAC systems, the roof structures are all commonly owned, and they will be maintained together. And they'll be just like a standard HOA. So we make sure that reserve study has been completed and that the building meets life safety and and that the plat meets all the legal requirements of a recorded plat. That being said, we've reviewed this at great length, and we feel like it's ready to proceed. And and it should be approved for preliminary review. Any questions for Thomas?

Okay. Thank you. This item has been noticed to the public. Is there anybody here that would like to speak on this topic? Come on down and just state your name and address for the record. You'll have two minutes.

Good evening, chairs and commission members. My name is Tony Lau. I live in 325E, 900125 South in Sandy.

Sir, if you could speak right into that Sorry.

Do I need to speak? Yeah. You're good. Okay. Okay.

So I'm here regarding the Eco Ridge subdivision to support the project, but I urge the commission to ensure the recorded plan and the supplement declaration accurately reflect their current physical footprint of these units before the final approval. So from the city's perspective, the integrity of these records is vital for three reasons. So first is the tax base accuracy. Since the last official survey of the site, their expansion has been unrecorded. Specifically for the coffee shop expansion, the city approved the subdivision based on the outdated square footage.

And we facilitate an inaccurate property tax base for the county assessors. And the second is the municipality record integrity. So to prevent the administrative burden of legal dispute in the future of any nonconforming footprint, and we're given city should require a certified as bill survey as the conditions for this subdivision. And the city signed off on tonight what should match the physical reality of their on 99000 South. And lastly is the equitable infrastructure impact.

The accuracy of the footprint is the legal basis for everything from fire occupancy limit to future impact fee. So to ensure these number recalculate prevent the city from under calculating the impact for these business local infrastructure. So simply just ask this commission to direct staff to verify the square footages in this new condominium path to match the current as built condition. But particularly for these units that have expand since the original Thank site plan

you. Thank you. Anybody else here? We'll have you come back down in just a second. Anybody else online?

If you're joining us via Zoom webinar and would like to speak to this particular item, please use the raise your hand feature now and we'll address you one at a time. I'm seeing no other hands raised.

Okay, thank you. We'll close that to public comment. Thomas, do you want to speak to the or maybe the applicant? Do you want to come down and clarify that question?

So not sure I understand the the the comments, but I just wanted to point out that I mean, obviously, we want the records to be accurate too. But I'm not sure where the question is because when we did the remodel, everything was recorded and approved by the city. So

and

it hasn't changed since then. This condominium change doesn't make any difference. But I'm I'm not sure what it means, but we're obviously wanna make sure the records are accurate.

Okay. Thank you. Thomas, can you come up?

Yeah. Yeah. I do. I've I mean, the the footprint has not changed since we got we had the approvals in the previous building permit and the recording of the plat. It's all never changed, and it has been accurate.

Okay. Thank you for the clarification. Did you want anything, Thomas?

Well, just that as far as the the lot itself, that hasn't changed. But the for the common space, we've got that shown here. Right there, that lot one will not change. I think he was referring to the the physical square footage of the building itself, which has been submitted on this plat, has been reviewed. I mean, we don't require them to have it surveyed. They're obviously working with an engineer who's drafted these drawings and has given us the square footage that are here. This will also be a final will be reviewed by the county as well. So I think all of that's going to be confirmed. It's also been visited by the building official. They've gone through all these facilities. So I think this is an accurate representation of how the structure is built.

Okay. Thank you. Were there any other questions from Okay. Bring that back to us for further deliberation or possible action. Move

that the Planning Commission determines that the preliminary review is substantially complete for the Monroe Street commercial condominium located at 111 West 9000 South based on the following three findings and subject to the following six conditions. Is there a second?

Sorry, who was the second?

Oh, thank you.

David Hart?

Yes.

Jennifer George?

Yes.

Cameron Duncan?

Yes. Ron Mortimer?

Yes.

Steve Wrigley?

Yes.

Lanise Davenport? Yes. Danny Schoenfeld?

Yes. This motion carries. Thank you. That passes and good luck. Thank you. The next item on the agenda for the Silver Sages State Subdivision was withdrawn. That is correct.

Yes, we've received an Email from the applicant in writing confirming that the request for the Silver Sage Estate Subdivision which is located at 1000175 South Dimplevale Road. They've asked for the item to be tabled to a date uncertain as this item has been a note duly noticed to the public. We can still take public comment tonight for any that is wanting to be given and the applicant is not here this evening but Tom Servan who is also the staff planner on this particular item can provide a brief overview of what's being requested if if you want or we can just move to table the item after taking public comment.

Okay. Well, is there anybody here tonight would like to speak on this item? Please come down and state your name and address for the record please.

Well, that's a surprise. My name is George Allen. 10190 Majestic Canyon Road, and my property is on the Southeast corner. We share a property line with this new subdivision. And I don't have any problem with the subdivision, but many years ago, there was a problem with drainage.

And I think it's gonna all be taken care of. I just wanna go on record. But now that it's stable, it's okay because I have been working with Jeremy Schipler, another engineer, Tyler, Mason Clark, and they have assured me that my issue with the drainage that occurred I stood here in 1999 to get that taken care of when Radden developed the the property there. And they've assured me, I talked to them today, that it will be taken care of. But I just wanna go on record that that will be taken care of, and I think that it will.

So that's the only reason I'm here. And maybe that's part of the reason it was tabled because I don't think it was part of the plan before, part

of

the drainage that I'm concerned about. There's other drainage issues on there besides just my property. And, of course, the subdivision is great. It's gonna be fine the way it's been drawn. So I I think it can move forward if they just take care of those drainage issues.

And the the three that he had mentioned that he has worked with, I just wanted for the record, those are all three individuals in our public utilities department. Okay. Thank you.

Yeah. I I did submit letters to them that I had before that were from Jim McNulty, Dave Paulson, people that were with Sandy City before. And part of confusion comes because we have this transition between county and Sandy. So who's in charge of the maintenance? It's changed over the years. So I I I think we're well underway. But thank you for listening to me.

Thank you. Is there anybody online that would like to make a comment?

If you are joining

us via Zoom webinar and would like to speak to this particular item, please use the raise your hand feature now and we'll address you one at a time. I do see one hand raised. Looks like Doug and Barbara Luton you may unmute yourself.

Go ahead, you have two minutes.

Go ahead Mr. Luton or Ms. Luton. You may unmute yourself and go ahead and speak.

We can now.

Wonderful. We have Doctor. Barbara Luton here at 10:17 for Manchester Cameroon next to George Allen who just spoke. In reviewing just some of the notes and didn't have a whole lot of time to review them all. Our only concern and I hope the subdivision goes ahead and we're fine with that is the wildlife corridor. I didn't see that under the staff findings in terms of trying to maintain some type of a corridor for deer to go between the east and west into Dimpleville. And I'm sure that with regard to fencing in the area, I'm not sure that will be addressed at all in the upcoming comments.

I don't think Mike, were going say something?

I was going to say, if you have answers, we'll address any answers after your comment. But please go ahead and complete your comment.

Just my concern was having a trying to establish some type of a wildlife corridor for a deer to go between Dibbaldale and to the East.

Sir, do you have any other we got that one. Do you have any other comments besides that one?

No, that that's it.

Okay. Thank you. Great. Anybody else online?

I'm seeing no other hands raised.

Okay. We'll close it to public comment. Mike or Thomas, do you have any insight on the public or the wildlife corridor?

If you had a chance to review the staff report, I know we haven't really kind of fleshed this one out formally. There are concerns from our public meeting about wildlife transiting through there down to Dimple Dell and back. It's been something we've discussed with the applicant at length. I'm not certain if this is part of the reason they want it to be tabled, but it was something they were told and they did see the staff report that it's that it would be highly recommended they provide some kind of a a wildlife corridor or at least some limitations on fencing off part of the north quadrant of the Furthest North lot to allow the continuation of what is obviously everyone in the neighborhood agrees a primary corridor for mostly deer. And they they haven't shown us anything yet, but we'll see when they actually formally do submit it again.

And we present it for you then at that time. But it's definitely noted by staff and by the community that is concerned that we wanna have looked at.

Okay. You.

Thank you.

Thank you.

Is there do we need to make a formal motion on the tabling this or is it just tabled? Can I Yeah?

You need a formal motion.

Can I get someone to

On both items? So there's two items before you. One is the special exception as and as well as the subdivision.

Someone make that.

So I'll make the motion that we table the Silver Stage Estates subdivision special exceptions and the SilverStage Estates subdivision preliminary subdivision.

Can you

make that in two separate motions please?

Sure. I'll start over. I make a motion that we table Silver Sage, Sage and State Subdivision Special Exceptions per the applicant's request. Is there a second?

I'll second that. Okay.

David Hart?

Yes.

Steve Wrigley?

Yes.

Cameron Duncan?

Yes. Ron Mortimer?

Yes.

La

preliminary subdivision review per the the applicant's request.

Is there a second?

I'll second.

David Hart?

Yes.

Cameron Duncan?

Yes. Ron Mortimer?

Yes. Steve Wrigley? Yes. Lanise Davenport? Yes. Jennifer George?

Yes.

Danny Schoenfeld?

Yes. This motion carries. Thank you. That completes our items on the public notice. We've got administrative business of the February 19 meeting minutes. Can we get those approved?

Motion to approve the minutes.

All in favor?

Aye. James?

So I gave you kind of what I was in our pre where we had some other time. I can't think of anything else I need to bring up at this point but just encourage you. It like we had most everyone I think going to be there Tuesday night, so I appreciate your willingness to come and participate in that. It's a big deal that we have everybody together with each other. And we're going to try as much as we can to do joint ones as we move forward on this. So we try to reduce everybody's time taking up as much as possible. So thank you. And if you can stay for the housing report, we would love to have you do that as well. Thanks for your time.

And then I'm assuming we're having our meeting on the nineteenth?

Yes, we are and it will be fairly full agenda. So please plan on attending that night as well. Okay.

I'll take one final act or one final motion.

Motion to adjourn.

All in favor. Aye. Were adjourned. Thank you.