Planning Commission - Regular Meeting

Oops. I'm good with that. I just settled. I show up. I vote. I looked at him again to make sure. We might have slipped some stuff in there while you weren't looking. Like during your BYU game when you weren't paying attention. I could have paid attention last week. had a lot of time on hands. Yes. First drive was good.

5 minutes. First five minutes. It went downhill. Fast. Angela, are we ready to go? We are. We're ready. Okay. Good evening everyone. Welcome to the Tilla City Planning Commission meeting for Wednesday, December 10th, 2025. The hour is 7:00. Uh we will go ahead and jump into our agenda. And item number one is the pledge of allegiance. So if you wouldn't mind rising and repeating with me.

I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you. Item number two is the roll call. Commissioner Hammer here. Commissioner Proctor here. Commissioner Gossip here. Commissioner Hamilton here. Commissioner Jensen here. Commissioner Anderson here.

I also see out there incoming alternate commissioners Fairclaw and Lynford. So, welcome. Thanks for being here. We'll try not to drive you away at your first meeting. Um, also want to acknowledge Angela Valdez with the staff, Shiloh Baker's here, Andrew Edgard, of course, Barb, we're going to count you as staff tonight. So, welcome. Thanks for joining us. Matt Johnson and of course, Councilwoman Mayor Le Manzion and Councilman Hansen. And uh let's move on to item number three. A public hearing and a decision on conditional use permit request by Hegley Gonzalez to operate a daycare business involving the care of up to 16 children in the home located at 89 North 100 East in the general commercial zone on 38 acres. Mr. Agar. Thank you, chairman. This application for a conditional use permit involves the parcel that's highlighted in red on the aerial photograph. You'll note that the property is located immediately north of the new Tilla City Police Department, sandwiched between Garden Street and 100 East. The property is currently zone GC General Commercial, as are the properties to the north, to the west, and to the south. Properties on the east side of 100 East are zoned R17. This property um has some unique circumstances involved with it. I explained it a little bit in the staff report. I'd like to go over it really quickly just for the the public's information. You'll note that the property bears the general commercial zoning district, but the property that the applicant wishes to operate the daycare from is a residential home. And what we have here is basically a legally nonconforming home. It's legal in that it was existed prior to existing zoning codes and is permitted by the city ordinances to continue on in perpetuity as long as it is not enlarged or and otherwise relocated or changed. The back half of

the property, the western half has an has a old mechanic shop on it which is a basically a commercial activity. The aerial photograph shows that the property is divided pretty clearly between the residential use and the the commercial use. When writing the staff report, staff, basically myself being the acting zoning administrator, had to make an interpretation of the code because legal non-conforming homes may continue on in perpetuity as single family homes. uh staff interpreted the code that because this is legally non-conforming, a home occupation may occur within the home. Uh even though it's legally non-conforming, it is vested all the rights of a single family home. So that's why you have a single family home in a commercial zone with a home occupation being proposed for it. This is the area or the street view of the property. You'll note that it has quite a bit of driveway approach. Uh those approaches are also considered legally non-conforming. I don't know how long they've been there or when they were installed, but they are there and they can be utilized for parking. Uh the applicant did provide to the planning commission a traffic and parking plan that was included in your packet. Uh basically, they're going to be using the driveways for child pickup and drop off. Uh 100 East is a wide street, has quite a bit of parking there on the frontage and separation from the main drive aisles. Uh staff does not anticipate any significant problems generated by uh homebased daycare in this location. Keep in mind as well that daycarees have a staggered drop off and pickup. They're not like a preschool where they are session oriented. This item is or does require a public hearing. We did send out notice notices to the property owners within 200 ft and I have not

received any comments concerning this this application. Staff is recommending approval of this conditional use permit with the condition that the applicant shall instruct their clients according to the traffic plan that was provided and shall enforce the traffic plan as needed. So if the planning commission has any questions, I'd be happy to try and answer those for you.

Thank you, Andrew. Questions from the commission? Not seeing any at the moment. We'll go ahead and open the public hearing. For those of you in the audience that are interested in commenting on this particular item, please come forward. And uh do we have the We don't have a cheat sheet up here for you to sign. Is it over by Angel over there? Um go ahead and speak your piece. Keep it to two minutes if you would. And then sign in with the sheet on the side of the roster room over there. Seeing nobody leaping for the microphone, we'll go ahead and close the public hearing. Is the applicant here? Would the applicant like to Would you like to speak? You don't have to.

You look fantastic. Let me just say that. I'll stop. Thank you. I'll bring it back to the commission for further questions or action comments. Commissioner Hammer, I'll just make a motion if there are no questions or comments. Everybody ready? Um I move we approve the conditional use permit request by Haggley Gonzalez to authorize the use of a child um Karen preschool involving 8 to 16 children to occur at 89 North 100 East application number 2025095 based on the findings and subject to the conditions listed in the staff report dated November 24th, 2025. No second.

We have a motion from Commissioner Hammer, a second from Commissioner Hamilton. Commissioner Hammer, how do you vote? I. Commissioner Proctor, I. Commissioner Gossip, I. Commissioner Hamilton, I. Commissioner Jensen, I. Commissioner Anderson, I.

Commissioner Slo Sloan, also vote side. We'll rule that passes 70. Good luck. Congratulations. Item number four, public hearing and a decision on a conditional use permit request by Johanna Lassungu. Forgive me if I've butchered that name. to operate a child daycare business involving the care of up to 16 children in the home located at 945 North 1480 East in the R17 residential zone on.20 acres. Mr. Agard, thank you. Chairman Sloan, in similar fashion to the previous application, this is a homebased daycare request involving the care of 8 to 16 children. Anytime we have a daycare in the home involving 8 to 16 children, it requires planning commission approval. So that's why it is here before you today. This is an aerial photograph showing the location of the property. It is on the far eastern section of the city at 1480 east 970 north. It is in an area that is predominantly single family residential. This is an enlarged aerial photograph showing a little detail of the property. They do have a fenced rear yard um and so forth. Property is zoned R17 as are all of these surrounding properties. And this is a image, a street view image of the property. The applicant was requested to submit a traffic plan. I did not receive a traffic plan. They did send some images of the of the home, but did not indicate how they were going to address vehicular parking. However, in looking at the aerial photograph, uh that driveway can accommodate approximately four cars, five cars, and then you have at least 78 ft of frontage there without obstacles to other obstructions to other driveways and so forth. So, uh staff's pretty confident that they've got plenty of space there to accommodate staggered parking for child drop off and pickup. Uh this item does require a public

hearing. Notices were sent out to property owners within 200 ft and we did not receive any comments or concerns related to this application. Staff is re recommending approval of this conditional use permit with the condition that they provide to city as staff city staff a traffic and parking plan and shall instruct their clients according to the traffic plan that's provided to staff and shall enforce the traffic plan as needed. The planning commission has any questions? I'd be happy to try and answer those for you.

Thank you, Andrew. Questions, comments? Seeing none, this does require a public hearing. We'll open that public hearing. Same spiel as last time. Please come to the microphone. Uh you got about 2 minutes if you can keep it to that. Uh when done with that, go ahead and sign in with the sheet on the counter down there. Same people charging the microphone as last time. We'll close the public hearing. Bring it back for to commission for further action or comment or questions. Chairman, I'll make a motion. I move we approve the conditional youth permit request by Yana Lucingu to authorize the use of a child care and preschool involving 8 to 16 children to occur at 940 north 45 north 1480 East. Application number 205097 based on the findings and subject to the conditions listed in the staff report dated November 25th, 2025. Can I ask you to emphasize those last two conditions that he mentioned?

The applicant shall provide to city staff a traffic and parking plan and shall instruct their clients according to the traffic plan that was provided to staff and shall enforce the plan as needed. Thank you, Commissioner Proctor. Do we have a second? Second. Commissioner Anderson seconds. Commissioner Hammer, how do you vote? I. Commissioner Proctor, I. Commissioner Gossip, I. Commissioner Hamilton, I. Commissioner Jensen, hi. Commissioner Anderson,

hi. Mr. Sloan also boots eye. Rule that passes unanimously. Um, again, thank you and good luck. Uh, let's see. Item number five, public hearing and decision on a conditional use permit request by Crystal Lawson to construct a detached accessory structure that exceeds the 15t height limitation on property located at 545 North 100 East in the R17 residential zone on 35 acres. Mr. Agard.

Thank you, commissioners. This application for a conditional use permit involves the property highlighted in red on the aerial photograph. It is located between Garden Street and 100 East and south of 600 North. This is an enlarged aerial photograph showing the property. You'll note that in the upper northwest corner there is a structure in this picture uh that was previously destroyed by fire and the applicant wishes to reconstruct a detached structure in the same general location. However, it is slightly larger than the 8% square footage requirement and slightly taller than the 15t height limitation. The ordinance does give the planning commission authority to um give conditional use permits to enable structures to go taller and to exceed the 8% requirement. So that is the the request of the applicant today. Property is zoned R17 which is a residential zone as are all of the properties surrounding the subject property. Uh this is a schematic showing the the the structure itself and uh the dimensions thereof and a an image of the street view of the property. You can see the previous structure located there, the the red building. So staff's recommending approval of the conditional use permit. In looking at the aerial photographs, the structure is not out of place with other structures in the area and is not of sufficient size that would be o overly noticeable in any difference to the previous structure. Um so we're recommending approval with the two basic conditions and then of course the third condition uh square footage of the proposed structure shall be limited to that which is indicated on the submitted building plans and that the structure shall not exceed 20 feet in height as measured at the midpoint of roof pitch. It will not be that tall but in order just to accommodate any variances in construction we we we added

the extra two feet. Staff anticipates it be about 17 1/2 ft. Um, this does require a public hearing. Notices were sent out. We have not received any feedback or comments from those within the noticing radius. So, if you have any questions, I'd be happy to answer those for you. And I believe the applicants also here as well. So, thank you. Andrew to the commission. You have any questions, comments for staff? Commissioner Jets, you want to talk about fire or anything like that on that property? I actually wasn't at that fire, so

Okay. Well, got put out anyway, so good job. Um, seeing no further questions at this point, we'll go ahead and open up the public hearing with the same instructions as before. If you're coming forward to speak on this, please do so and keep your comments to two minutes and sign in on the sheet when you're done. Seeing no one approaching, we'll close the public hearing, bring it back to Actually, Crystal, you want to talk about it or do you just want to assume we are good with it? I if I don't we can talk about it. Does anybody have a question for the applicant? How's it? Let's do it that way. I think you're good. U bring back to the commission for further action. I'll make a motion.

Commissioner Jensen. I move we approve the conditional use permit requested by Crystal Lawson to authorize the construction of a detached accessory structure that exceeds the 8% accessory building lot coverage restriction and exceeds the 15T foot building height restriction on the property located at 545 North 100 East application number 2025103 based on the findings and subject to the conditions listed in the staff report dated November 25th 2025. Thank you. Commissioner Jensen, do we have a second? I'll second it. Commissioner Gosset seconds. Commissioner Hammer, how do you vote? I. Commissioner Proctor, I. Commissioner Gosset, I. Commissioner Hamilton, I. Commissioner Jensen, hi. Commissioner Anderson, hi.

Commissioner Sloan also votes I. Rule that pass 70. Good luck. Thanks for coming. Item number six, public hearing and decision on a conditional use permit request by Kimble Investment LLC to authorize an accessory drive-through facility to occur on property located approximately 973 North Main Street in the GC general commercial zone on approximately 1 acre. Mr. Agar.

Thank you, Chairman. This conditional use permit involves the approximately 1 acre parcel highlighted in red on the aerial photograph. It is currently vacant ground. However, it is proposed for construction to have a structure that will have a Zupas and a Zho restaurant. I've never been to either of those, so I don't know what they're about, but they are they are currently moving through the process to have have a new building there. Property is located just south of Thousand North and just behind the Wendy's restaurant. The property is currently zoned GC General Commercial as are all of the surrounding properties. And this is the proposed site plan. I do want to emphasize to the planning commission that this is still going through the site plan review process. So the plan may slightly change for whatever reason through the through the design review process. However, this is an application to approve the drive-through facility uh the specific use itself. So this is the plan that they are proposing. Entrance into the site will come from four different locations on the north, northwest, northeast, southwest, and southeast corners. The building is located central to the site with the drive-thru aisle extending east to west on the south side of the building and then turning north where customers will exit. So, they will enter the drive-through aisle at the southwest corner where that dumpster enclosure is, order their food at the south side of the building, and then pick up their orders on on that driveway heading north. There are some parking stalls that directly access the drive-through aisle. We found that to be a little odd during our site plan review. They actually eliminated three stalls. There used to be five there. Uh, however, there aren't any ordinances that prohibit a parking stall from being off of a drive-through aisle. So, staff anticipates that this is probably employee parking rather than customer

parking or perhaps overflow where they have people waiting for their orders. Pull off. Uh, you'll note that the driving the cars that are waiting for their order, they'll be facing north straight to 1,00 north. Uh we do not anticipate any lighting issues at during evening or night hours given the offset of the drive-thru exit with the intersection at a 1000 north. Uh they do have some landscaping proposed there on the east side. Staff is is appreciative that they have the drive-through lane located to the south of the building instead of in front of the building between the public rideway. Um this is the proposal. Staff is recommending approval of the drive-through aisle with the four basic conditions listed in your staff report. These conditions are just uh housekeeping just to cover anything we may have missed. Uh we did send out notifications to the property owners within 200 feet. It was about three notices and we have not received any comment or feedback. So if you have any questions, happy to answer them for you.

Thank you, Andrew. Questions, comments from the commission. Seeing none, this does require a public hearing. So, as always, please approach the podium, keep your comments to 2 minutes, and make sure you sign in before you're done. I should recuse myself. They serve salads, don't they? Yeah, there's no reason for me to deal with salad. Perfect. Uh, not seeing anyone coming forward. Let's go ahead and close the public hearing, bring it back to the to the commission for further action. Well, everything's good there, so you should try it. even if it has a salad. Have that struck from the minutes. If would you entertain a motion? I absolutely would.

I move we approve the conditional use permit request by Justin Kimbell to authorize an accessory drive-thru facility for the commercial development located at 973 North Main Street. Application number 2020 2025106 based on the findings and subject to the conditions listed in the staff report dated November 26th 2025. Thank you. Commissioner Hammer, do we have a second? Second. Commissioner Hamilton Commissioner Anderson to the second. Commissioner Hammer, how do you vote? I Commissioner Proctor. Hi. Commissioner Gosset. Hi. Commissioner Hamilton. Hi. Commissioner Jensen. Hi. Commissioner Anderson. Hi. Commissioner Sloan also built I rule that passes 70. Mr. Chair, yes.

Can I just make one comment? I was talking to the developer yesterday and the Zhou is not confirmed. So, they are working on it but not confirmed. So, Jesus, now I got to reopen the voting. Don't get don't get excited yet. That's going to change a lot of the minds up here. Thank you. Item seven, uh, public hearing a decision on a conditional use permit request by Holiday Oil to authorize an accessory drive-through facility to occur in conjunction with a convenience store located at the northeast corner of the intersection of 600 West and 1000 North in the GC General Commercial Zoning District on 2.12 acres. Mr. Agard,

so the planning commission is very familiar with this property. has gone through numerous land use map amendments and zoning map amendments and we've been working on this for about 2 years and we're pleased to report that they're finally moving ahead with the convenience store at this location. They did announced that Holiday Oil has funded the project and so they're they're in the final stages of getting ready to construct this. Uh the property, as you remember, is located on the northeast corner of the intersection of 600 West and a 1000 North. It is primarily surrounded by undeveloped ground. There is a gymnastic facility located to the south. Property to the east is going to be developing as apartments and town homes, Ledger Cove. Uh they are currently constructing, but they're constructing at the far side of that property, not adjacent to the the proposed convenience store. Property is zoned general commercial. We have some MR16 to the east and neighborhood commercial to the north and to the west and then general commercial to the south. This is the proposed site plan. We are currently reviewing this site plan and are close to approving that. This application is to approve a drive-through facility associated with the convenience store. You'll note that the building is located central to the site. The convenience store is located to the north or excuse me, the drive-through aisle is located to the north and to the west of the structure. So, customers will enter the site and they'll have to enter the drive-through aisle from the east and then leave on the southwest corner. Uh staff does not anticipate any significant impacts or problems related to this drive-through facility. There is some landscaping there along Frank Drive uh that may serve to buffer some of that. It is it is fairly beefy landscaping. They have quite a few trees and plantings in there. Uh this does require a public hearing. Staff sent out notices to residents within 200 ft and did not receive any comments or feedback

on that res and we are recommending approval with the four basic housekeeping conditions listed in your staff report. If you have any questions, I'd be happy to answer them for you. Thank you, Andrew. Questions, comments? Kelly, you actually I do have a question. Um, Frank's Drive right there is really quite narrow. Is how is this going to affect Frank Frank's Drive?

That's an excellent question. So, if you look at the aerial or the site plan, everything on Frank's Drive that is within that bold line right next to the landscaping and the park strip that is going to be dedicated and improved. So, Frank's Drive is going to be widened to, I believe, an 84 foot ride 84t wide rideway. And so Holiday Oil will be constructing the frontage improvements along their frontage as well as approximately 20 ft of asphalt. Okay, so great question. Further questions, comments.

Okay, seeing none, we will go ahead and open up the required public hearing. Um, I know you've all been waiting to come talk on this particular one since you haven't come to the last one. So, uh, anybody'd like to speak on this issue, please come forward. Seeing none, we'll close the public hearing. Bring it back to the council for the comm to the commission for further action or comments. Mr. Chair, I'll make a motion. Mr. Commissioner Jensen,

I move we approve the conditional use permit by Brent Neil representing Wagstaff Invest Investments to authorize the accessory drive-thru facility for the Holiday Oil Convenience Store proposed for this location. Application number 2025107 based on the findings and subject to the conditions in the staff report dated uh December 1st, 2025. Thanks, Commissioner Jensen. Do we have a second? I'll second. A second from Commissioner Anderson. Commissioner Hammer, how do you vote? I. Commissioner Proctor, I. Commissioner Gossip, I. Commissioner Hamilton, hi. Commissioner Jensen, hi. Commissioner Anderson, hi.

Mr. Sloan also votes I. Rule that passes 70. Okay. Okay, now that we've essentially rubber stamped everything, let's have some fun with some site plan review. Item number eight, design a site plan design review request by David Lewis IV representing Dr. Horton for Western Acres phase 3A proposed to be located approximately 2000 North Copper Canyon Drive on 10.8 acres in the MR16 PUB multifamily residential and R17 residential zoning districts. Andrew,

thank you. Commissioners, this site plan design review impacts phase three or is for phase 3A, which is highlighted in red on the aerial photograph. That may not be an exact boundary of where that phase is, but I did my best to eyeball it. I'm kind of proud of how good it turned out, but um that's that's phase 3A, and it basically extends western acres south um from the current construction. and it connects to phase 2C I believe on the north side and the property is currently zoned MR16 PUD. Now the the zoning map isn't quite correct. Uh there's part of Western acres phase 3A that we haven't experienced with other phases. So the the multifamily portion of this development is MR16 PUD. However, the single family portion is actually zoned R17. When we did the PUD back in 2020, we made sure that that was the case because you can't have single family structures in a multif family zone. And so that's the actual zoning. I need to get with our our GIS technician and have him amend the zoning map accordingly. But the the single family portions of this phase are actually zoned R17 and the multif family are zoned MR16. Uh this is the phase layout. The single family homes are located on the east side adjacent to the existing single family homes with the town homes located adjacent to Old Lon Avenue and Black Gold Avenue. The town homes accessing Old Lon Avenue are front-loaded town homes and the town homes accessing Black Gold are rear-loaded town homes with an exception of four of the town homes there next to the amenities center actually being front-loaded town homes. Uh staff has reviewed the site plan

according to the standards of the MR16 zoning district as well as the PUD and have confirmed that the buildings as proposed meet or exceed all the minimum requirements for building setback, building separation and so forth. Uh this is the landscape plan showing how the developer proposes to landscape in phase 3A. The areas that are gray and kind of have a little hatch pattern, those are areas of sod. Uh those sod is able to be used in multifamily developments, but only in areas of active recreation. And the applicant has identified these areas as being utilized for active recreation. The remaining landscaping will be cobble and and shrub and tree plantings and so forth uh water-wise as required by the code. and they are also installing a lot of trees and shrubs in accordance with the design standards of the 20 city uh multif family residential design guidelines. The other hatched area, the other gray area that you see there is phase 3B, which is your next item on the agenda. As far as housing appearance goes, this is a general appearance of the rear loaded townhouse. uh this does comply with the standards of the PUD and is is pretty typical of of what's being constructed in the other few previous phases. And then this is the architectural appearance of the front-loaded town homes. Uh again, these meet the meet the qualifications of the PUD and also uh resemble what's been constructed previously within the phase. Staff is recommending approval with the five conditions listed in your staff report. I would like to discuss condition number five with the planning commission a little bit. Um I sent the staff report to the developer who's represented by Mr. Lewis here and he expressed an interesting interpretation of the code. The code requires a

development entry monument sign to be added at the northwest corner of the intersection of 1520 North and Old Lunap. Basically, anytime you have an entrance into a multif family development project, the code requires a a monument sign with lighting and so forth. If we go back to the map, the entrance into the the site located at the north or excuse me, the eastern corner, those are single family residential homes, residential lots that are under private ownership. So, they don't really have a location there to place a monument sign. I had suggested that they put the monument sign there on the corner of Old Lon and 1520 North where those town houses are. However, that's not officially an entry. So, I put that condition in there basically to give staff the ability to work with the developer about how to accommodate monument signs and the entry signs. There's a lot of entrances into this project. U Mr. Lewis identified at least 14 entrances into this project, something like that. Um, so I just wanted to run that by the planning commission, see what you think of that condition, if it's something that we need to have in there or just or just remove it and have the developer work with staff on the signage.

So, that would be my question, Andrew's because your your condition is written out pretty specifically. It is uh it doesn't allow you to just go work with the developer and fix it. So, uh, would you be okay if that was closer to the verbiage that should we get to that point if that was the verbiage that we use that develop? would be okay with that. Yep. Okay. Is that your presentation then at this point? That's it. Okay. Thank you. Questions from the I have a question. Commissioner Jensen. So, are these private roads or public roads? Excellent question. So, all of the roads that you see in phase 3A are privately owned and maintained. The only public roads are Copper Canyon Drive and uh Broadway Avenue.

Okay. And then why why is that in the code to have a a monument sign? What's the idea behind that? Just to delineate the entrance into a specific project. More of an aesthetic thing. Would it usually be put like where you going from a public road onto a private road or that's that's the that's the difficulty because if you look at Copper Canyon Road there on the the west side, that's a public street, but technically it runs through the middle of the project. Yeah.

It's inside the project. So, do we require a monument sign at each entrance onto off of Copper Canyon Road or just where Copper Canyon enters the project? And I think in that case, that's something that the zoning administrator could work with the applicant on in regards to interpretation. Excellent question. And that's exactly what the applicant asked as well.

Okay. Further questions? I know this does not require public hearing, but do you have any questions for the applicant who's gracious enough to come visit us again? Okay, I'll bring it back to you for questions, comments, further action. Just a discussion point. I think we ought to uh change number five to let Andrew work with the developer. I don't think we need to make it that specific. 14 entrances, I think they can figure it out, find a place to put one rather than specifically holding them to one spot. So, that's just my opinion. Are you making a motion to that fact?

I can make a motion. Yeah, you can make a motion. Anybody else have any discussion on that? No, you'll leave it in. You'll just take out the exact the specification. Yeah. Thank you. All right. I move we approve the site plan review requested by David Lewis IV representing Dr. Horton for the Western Acres phase 3A development application number 2025058 based on the findings and subject to the conditions listed in the staff report dated December 2nd, 2025 with the condition that we will remove uh the specification on condition number five and leave that for Andrew and the developer to decide which one of the 14 entrances they can put it at. That works for me.

Thank you, Commissioner Hamilton. Do we have a second? I'll second. Commissioner Proctor. Thank you. Commissioner Hammer, how do you vote? I. Mr. Proctor. Hi. Commissioner Gosset. Hi. Mr. Hamilton. Hi. Commissioner Jensen. Hi. Commissioner Anderson. Hi. Commissioner Sloan also votes I. Rule that passes 70. Uh, item number nine. I think we're on site plan design review request by David Lewis IV representing Dr. Horton for Western Acres Phase 3B proposed to be located approximately 2,000 North Copper Canyon Drive on 3.9 acres in the MR16 PUB multifamily residential zone. Andrew,

thank you, Chairman. This is phase 3B of Western Acres and it is shown on the aerial photograph in the area filled in as blue. So, it's a significantly smaller phase than phase 3A, but you can see clearly where that location is. The property is zoned MRPUD and is surrounded by other properties located within the Western Acres PUD. And this is I included this zoning map from the PUD just to give you a context of where it is in the Western Acres development and how it lays out. And then the site plan. Uh this site plan is basically just black gold drive with front-loaded town homes on each side of it. staff have reviewed the the town homes in in in against the MR16 PUB and it meets all the requirements for setback and building separation and so forth. Uh this is the landscaping plan. It's basically just the landscaping around the foundations of the town houses as well as the driveways. Uh it's all going to be cobble with some trees and shrubs as as required by the code. And uh these are the the elevations similar to phase 3A. pretty straightforward little phase. There isn't a whole lot there. Uh they aren't proposing any phases with this one. Uh or excuse me, any amenities with this phase. The the amenities are primarily being constructed with phase 3A which is adjacent to that. So, uh, we're recommending approval with just the, um, with the four basic housekeeping conditions with another condition that at least 19 of the deciduous variety trees be replaced with coniferous evergreen varieties, increasing the total evergreen tree count to 46. Not a major issue on that one. So, you have any questions? Happy to answer them for you.

Thank you, Mr. Jagger. Any questions from the commission? This would be a really good time to do some Arbor Day discussion if you want to talk trees with Andrew. That's a chance or Justin. Um, not hearing any questions. We would look for a motion. Mr. Chair, go ahead.

Chair, I move we approve the multiple uh family residential site plan request by David Lewis. Dr. Horn for Western Acre Space 3B development application 202568 based on the fund findings subject to the conditions listed in staff report dated December 3rd, 2025. Thank you, Commissioner Anderson. Commissioner Proctor, can I take yours as a second? Yes. Okay, we have a motion. We have a second. Commissioner Hammer, how do you vote? I. Commissioner Proctor, I. Commissioner Gosset, I. Commissioner Hamilton, hi. Commissioner Jensen, I. Commissioner Anderson, I.

Commissioner Sloan also votes I. Rule that passes 70. Item 10, decision on our preliminary subdivision plan request by Perry Homes Incorporated for the Compass Point Village 1 subdivision proposed to be located at approximately 2280 north 425 West in the Compass Point RSD zoning district on approximately 78 acres. Mr. Thank you, commissioners. You'll recall that we recently approved the new Compass Point RSD. This is the first of many phases that will be developed within the Compass Point RSD. The proposed village one will occupy the property highlighted in red. Again, I am kind of proud of my outlining skills. That's pretty accurate actually. Uh it is immediately south of the new Desireette Peak Temple and located west of Overlake phases 2A and north of another overlake phase. I believe that's 2B. I may have those flipped, but uh those residential subdivisions to the east are are also Overlake. The property is zone Compass Point RSD. We have some R17 to the east and to the north as well as to the south as well as some R110 residential. This is the preliminary plan of the village one. You note that it does incorporate a mix of lot sizes. We have some large lots, medium lots, and some smaller lots. We also have a a section of the the village that includes some duplex and triplex town homes. Uh, this application has been reviewed according to the requirements of the Compass Point RSD, specifically regarding lot width and so forth, and the lots as proposed do conform with the RSD requirements. There are some extenduating issues regarding the the uh multifamily site

plan area as well as the double fronting lots adjacent to 400 West. Those can those issues can be addressed during the final site plan, excuse me, the final PL application. And the the multifamily section is a little unique because the RSD currently does not address multifamily site plan approvals. And so one of the conditions that you have in the the staff report and I apologize and the number is off a little bit on that. I I couldn't get the numbering thing to work in Word, but that's actually condition number six, but we have some conditions in there. And number five, that the multif family townhouse section of village one shall submit a site plan application. The site plan shall receive planning commission approval. The reason for that is there are some issues related to site plan development such as landscaping and so forth that the RSD does not address. Uh we need to confirm that the multif family section will will satisfy the code. And then number six that the landscaping plans for park strip trees as required by the RSD and double fronting lot shall be provided during the final subdivision plat application review. We are currently reviewing phase one which does have those double fronting lots uh that is currently in the in in the review process with the city. So we are recommending approval of Compass Point Village 1 preliminary subdivision plan with those six conditions in your report. And if you happen to have any questions, I'd be happy to answer those for you. I believe the applicant's representative Lindsay is also here as well if you have any questions for her.

Back to the commission. Any questions, comments? I feel bad for those houses along that golf course. I'm a horrible golfer. We can all echo that. Any other less serious questions than that one? Uh, any questions for the applicant? Lindsay, thanks for joining us.

Okay, seeing none, you guys are tough tonight. I'll look for a motion. Mr. Chair, I'll make a motion. Mr. Proctor, I move we approve the preliminary subdivision plan request by Lindsay Nave representing Perry Holmes Incorporated for Compass Point Village 1 subdivision application number 2025051 based on the findings and subject to the conditions listed in the staff report dated September 4th, 2025. Thank you, Commissioner Proctor. Do we have a second? Second. Commissioner Gosset seconds. Commissioner Hammer, how do you vote? I. Commissioner Proctor, I. Commissioner Gosset, hi. Commissioner Hamilton, hi. Commissioner Jensen, I. Commissioner Anderson, hi.

Commissioner Sloan also votes. I rule that passes 70. Item number 11, city council reports. Let me see. We'll see if I get this right. Council mayor, woman, elect manzion. Okay, that's a good combination. Um, thanks for being here tonight. A couple of super important things to you that we did at our city council meeting December 3rd. uh for the mayor's appointment to the planning commission um she reappointed Tyson Hamilton and Kelly Anderson um for another term and then Sarah Faircloth also who is in the back here so she'll be joining your ranks she may run screaming out of the room

she might but we we try to warn her and then the city council reappointed uh commissioner Chris Sloan and Weston Jensen and then also John Lynford um to the planning commission So that should fill the roster back up after the resignations and your loss of commissioner Gosset. Um and those that was probably the most important thing we did at our meeting. But I would also just like to express my appreciation. I have it's been a pleasure for me to serve as a le city council leaison to the planning commission. I think you guys are great. You do a great job. Have vision the vision of the city and I think um it's an important job and I appreciate all that you do for our city. So I won't be here. This is my last meeting as liaison, but I'll still watch the planning commission meetings and I'm available to you as well.

It's been my experience that if we do something really stupid, the mayor does show up. So So don't do anything stupid. Challenge acceptance. I think we can we can solve that. Uh Councilman, thank you very much for for you being here virtually every meeting. We really appreciate you your input and your ability to keep both bodies informed what each one is doing behind the other's back. Sure. I've learned a lot being here. So, well, as of Thank you very much. So, thank you. Any any any other questions? Good. Thanks. Thank you. Thank you. Oh, and thanks for the eraser. Item 12, review and decision on the minutes of the planning commission meeting held on November 12th, 2025.

There are no corrections or additions. I motion to approve. We have a motion. Do we have a second? Second. Commissioner Hammer seconds. Commissioner Hammer, how do you vote? Hi. Commissioner Proctor. Hi. Commissioner Gossip. Hi. Commissioner Hamilton. Hi. Commissioner Jensen. Hi. Commissioner Anderson. Hi.

Commissioner Sloan also votes high. Rule that passes 70. All right. Item 13 decision election of planning commission chair and vice chair for 2026. Um, Andrew, do you want to conduct this? How do you want to do this? Like way over here. Well, I'll just explain how the bylaws uh what they require. So, we need at the last meeting of every year, we have to elect a new chair and a new vice chair uh for the next year's planning commission meetings. Uh the only requirement is that the existing chair can only run can only serve for two years and then must take a break. Uh, so Chris, you have not been on there for very long. And Commissioner Hamilton, you are now fair game to be chairman again, having rested for a year after two years of faithful service as our chair. So, uh, basically you, somebody nominates another, you second that vote, and then you do the same thing for a vice chair, and that'll be for the year of 2026. Um, Commissioner Gossa is leaving us for the city council. We appreciate his service here, but I don't think we want to nominate him to be dining commission chair of his own.

Couldn't be any worse than the current chair. I don't think we should discount that possibility. And we do have another commissioner, a full commissioner, Commissioner Ortega. I have not met her yet, but um I don't know if you can nominate her, but if you don't come to the meetings, you're stuck. a map last time. That's how we got Commissioner Robinson as the chair last time. Um, okay. Before we proceed, I do want to let you all know I am not going to be in the running for the chair. Um, I'm going to be seeking a different elected position this coming year. And I don't think it would be fair to you guys to have your chair. Is that you're glad I'm gone? No.

That is I appreciate it. I'll be on your campaign. I appreciate that. I'm looking forward to that, but I don't want to stop serving here, but I don't want to leave this group without a chair or a vice chair. So, I won't be doing that either of those in the coming year. So, nominate to your heart's content. Let's start with the chair. Mr. Chair, I'd like to nominate Commissioner Hamilton. Okay. This is for chair, correct? Yes, sir.

Any other nominations? Seeing none, then I'm going to suggest we accept that one by acclamation. Anyone not in favor of that? Speak now or forever hold your peace. Approved. Okay. Um I'm going to open the nominations for vice chair and and nominate John Proctor. That's what I was going to do. Okay. Then Commissioner Hammer was going to nominate John Proctor. Any other nominations? Nominations. Seeing none, let's without without opposition, let's call that one by acclamation as well.

Boy, you guys are in trouble next year with us, too. Congratulations to both of you. I think we're in very good hands. Thank you. All right. Here to city 2025 planning report. Andrew. So, now we're coming to the end of another calendar year, I just wanted to throw some statistics to the planning commission just to kind of report on on what you've done this year and and how busy you've been and and how important the planning commission is to the development review process for Tilla City. Um, in total in 2025, including tonight, we've had 21 meetings, which means only one meeting was cancelled due to a lack of agenda items that were ready to be heard. So, um, applications keep coming in. So, we are still busy with development review and bringing things to the planning commission. In 2025, the Twilio City Planning Commission approved or recommended a total of 71 land use applications.

Wow. Don't really think it's that many until you get to the end of year and you see how many there actually were. A breakdown of those applications. We had 29 conditional use permits. We had 12 preliminary subdivision plans. We had 13 site plan design reviews. We had eight zoning map amendments, three land use map amendments, five text or ordinance amendments, and one general plan amendment. So that's uh that's a handful of applications that you guys have have approved for us. Average meeting attendance for our commissioners is 16. That's excellent. And the champions in regards to 100% attendance are Commissioners Hamilton, Commissioner Proctctor, and Commissioner Anderson. The rest of you are all close behind. Um well done. We appreciate the service that each one of you give to the city. You you are an integral part to the development process. Without you, we cannot get development approved and get it done. And so I just wanted to let you know that your your work is valuable and uh we got more stuff coming for you. So glad you're coming back.

Looks like we picked the right two out of three people to lead this puppy cuz they're always here. So um traditionally, actually we don't have a tradition anymore. We used to adjourn this meeting uh so the staff could get out of here before we do our training. Uh perhaps we ought to discuss that and actually include our city recorder. Um my question for you guys to answer is is it behoove us to leave this open so that those that are watching online can see the training at least that you're having training. I'm not averse to letting the staff go home. I don't expect we're going to be here all that long.

If if I could put an input in there. Uh we do like to have the training broadcast just in case the commissioners want to reference that training later on so we can keep the streaming going. Uh but you can adjourn the meeting and anybody who doesn't want to see the training of both worlds. Yeah, we'll keep the streaming going.

We'll go ahead and call this meeting adjourned and move on with our training. And for those of you that are leaving us, thanks for coming. And for those that want to stay really geek out, we're going to do some really cool stuff about bylaws. There you go. Top the squat. I need you find a chair. Ed headed out. So hang out with the important people over there.

Thanks a Thanks. We appreciate you. Okay. Did these grow? Did you type more notes? Cuz these were like two pages before.

Okay. Thanks, Marissa. I'm her right. She Andrew if I forget. Oh.

Okay. First of all, let me apologize for throwing this training at the back of a very long meeting agenda. Um, we got to the end of the year and I realized I hadn't we hadn't discussed the bylaws. We hadn't reviewed them. I think it's important for us to review the planning commission bylaws. Uh, because the planning commission is in charge of the bylaws. So, if we don't review them, uh, we don't know if they're up to date, if we need to make amendments to it to bring it up to date and so forth. I did not expect that agenda to be that long. They just kept coming in right before the noticing deadline. And

I had I was in a meeting today with the planning and zoning commissioner from Ogden. Their meetings average 4 and a half hours. I'm feeling pretty good about the 52 52

because you guys are excellent at what you do too and you make you make my life very easy by not hammering me with difficult questions. But uh as far as training goes, I've given you a print out of the bylaws. Um, and it's not really the most entertaining reading you're ever going to have, but I guess the question is is what are the bylaws and why do we have them? Well, the bylaws are a set of rules established by the planning commission. Basically, they're your rules. So, the planning commission is created by the city charter, by city ordinance, and it's also created by state law. Those three ordinances or laws really don't govern how the planning commission operates. They just basically says the city must have a planning commission. Planning commission must consist of this many officers or or something very vague. And so the planning commission has its own set of rules, its own set of laws in regards to how it operates, how it functions, what it can and cannot do. These are your laws. These are the planning commissions and you guys are responsible to keep them keep them up. You're in you're responsible to enforce them um not staff not the city council nor the mayor planning commission. So it's important for us to go through these and and understand what they say and and what you can and cannot do based upon your own laws. So we'll just quickly go through these. I'll try not to be long- winded. You feel like going to sleep, that's fine. So the bylaws have various sections. It has an organization section, a rights and duties of members, a rules of procedure, decorum and debate, suspension of bylaws and rules of procedure, and an amendment procedure. And we will just quickly go through these and talk about them a little bit.

If you have any questions or would like to discuss any of these, feel free to interrupt and we can quickly talk about those. So we just had an election. Planning Commission elects its own chair and its own vice chair at the end of every calendar year. A chair can only serve two consecutive terms as I mentioned with with Commissioner Hamilton. Alternate commissioners are not eligible to serve as chair or vice chair. The presiding official in planning commission meetings is the chairman, the elected chair, not and they shall preside over the meeting and provide general direction during the meetings. Essentially, this meeting is the planning commission's meeting. It's not my meeting. It's your guys's meeting. And so, the chair is responsible to keep that meeting going, keep it moving, make sure we have all the necessary order. So, here's a brief synopsis of the duties of the chair. The chairman runs the planning commission meetings, puts motions to a vote, maintains points of order and practice. The chair maintains decorum during meetings, move the agenda along, and control public comment. That's probably the hardest part of a chairman's job is or the chair's job is to control public comment. Uh, as you know, sometimes public speakers like to go well beyond their allotted time. Number six, recognize speakers and commissioners. Number seven, declare the meetings adjourned. And then in the absence of the chair, the vice chair shall assume all duties and responsibilities of the chair as you are all familiar with. Now, what happens when we have a chair and a vice chair both absent from a meeting? It doesn't happen very often. I think I've seen it once in the seven and a half years that I've been working with you. Well, in that case,

hammer is prom.

Oh, yeah. She loves that. In that case, the remaining commission shall appoint a temporary chair and that is done through a motion during public meetings and the majority of the commissioners present to approve that motion. The temporary chair then assumes all power and duties of the chair for that meeting. Again, it doesn't happen very often, but that's how we deal with that situation if it arises. Uh the rights and duties of members of the planning commission. Ethics. The planning commission shall utilize and comply with the Utah Municipal Officers and Employees Ethics Act in the Utah State Code. I have not done a training with for ethics this year. That is on my to-do list. Um I want to get some ethics training for you and we're going to reference this code. So I'm not talking about that much tonight, but that is you are expected to adhere to the ethics as found in that code. And I think you have a pretty general idea of what's ethical behavior for planning commissioners and what's not ethical behavior. And is there any benefit or is it just me being geeky that you do that same that same training with the council?

Not necessarily you, but is this the council required to attend the same training? I don't see how it could not benefit the council. I would think would benefit both bodies if I think it would. They're amenable. Yeah, I I think it would. And that is an excellent excellent suggestion. I'll run it by uh my new boss. what she's going to do with that. She's kind of tough. I don't know. And she doesn't like education. So,

so what are the duties of an alternate planning commissioner? We have one of our alternates here tonight. An alternate shall attend all commission meetings unless they are duly excused from the meeting. So, we like to have our alternates here so they can participate or at least learn from the proceedings. Um, an alternate's responsibility is to take the place of the regular member if necessary. So, if a regular member is absent, the alternate will fill in. That way, we can ensure that we always have a quorum so we can make sure we get the meeting uh completed and get the items approved. A mayor's alternate appointee shall replace a mayor's regular appointed commissioner. So, Commissioner Sloan, you're a council appointment. Uh, Commissioner Faircloth is a mayor's appointment. So, if you were absent and Commissioner Lynford was here, Commissioner Lynford being a council appointment would have to fill in for you. If he's not here, then the the other commissioner alternate could replace that. And the same goes, city council alternate shall replace city council's regular appointed commissioner. If you have any questions about that, just ask me. I know which one of you has been appointed by who. So if a regular commissioner arrives after the meeting has begun and the alternate has been recognized by the chair as replacing the regular commissioner, the alternate shall remain sitting on the regular commission for the remainder of the meeting and the regular commissioner shall remain as if an alternate commissioner. So if the the meeting starts and we have an alternate that's been seated, they will finish the balance of the meeting and the regular commissioner can play alternate for that meeting. If a regular commissioner has been excused after the start of the meeting, the alternate commissioner shall replace the regular commissioner for the remainder of the meeting. So if one of you has to leave early, the alternate can can approach the dis and take take seat as a regular commissioner.

The chair shall have discretion to number one seat the alternate at the side of the dis. Number two participate in questioning, discussion and debate. So an alternate can participate in questioning and debate if the chair authorizes that. Okay. Um the chair authorizes whether an alternate can be seated elsewhere other than the dis and shall not participate in public hearing discussions and debates except as authorized for the general public. So the chair can also say determine whether or not they cannot participate in the general debate other than public comment. Okay. uh meeting attendance. Planning commissioners shall attend meetings unless able unless unable due to extenduating circumstances. So as you know when you can't attend a meeting, let myself know, let me know with an email and then also let the chair know and uh that way we can make sure that the alternate is prepared to to fill in for the absent absent commissioner. Terms of office. The bylaws refer to city code 2-3-3. Three planning commissioners are appointed by the city council and four planning commissioners are appointed by the mayor. We also have one alternate that is appointed by the council and one alternate that's appointed by the mayor. And then each term is for four years and begins on January 1st of even numbered years. And so for those of you that have been appointed recently, you have four more years and your term will expire essentially December 31st on 2020 2029.

If it starts January 1st, 2028. No, 2030. 2029. Yep. Yeah. December 31st. So you got four more years with me. I hope that you won't get burnt out and have had enough. But all right. Which of you are appointed by the city council? Mr. Sloan. Oh, sorry. Mr. Jensen. We only know that because it was said tonight. I know. Who else is appointed by the city council? There's a couple more of you. Should I raise my hand? She's not here tonight. No, she's not.

She's not. Commissioner Ortega is Cordova. So, I haven't met her yet, but she's not here tonight. Those are the council appointees appointees and the rest of you are mayoral appointees. Okay. Rights and duties. The planning commission bylaws also include some language regarding conflicts. Uh this is a little bit about ethics but is more about what you do if you have a conflict of interest. A planning commissioner may declare a conflict of interest regarding an agenda item if they have any actual or reasonable conflict of interest with an item that is on the agenda. Or the planning commission shall vote on the disqualification. Or three, the planning commissioner the commissioner shall not participate nor shall they use his or her influence with other commissioners before, during, or after the meeting. So if you feel you have a conflict of interest, meaning you you know the applicant or maybe you work for the company that's you know if you're uncomfortable with being being on the commission at that time, you can either recuse yourself or you can you can announce the situation to the commission. The commission can then decide or you can leave the chambers for that item. It's really up to your discretion, also up to the commission's chair. Doesn't happen very often, but sometimes conflicts do arise. Types of conflicts defined in the bylaws. Personal or familial financial ties. Employment is related to the agenda item. Uh planning commissioner cannot sell or offer services related to duties on the planning commission. And planning commissioners cannot use the office to seek or obtain special advantage that is not in the public interest.

Let's underline this one. A planning commissioner may abstain from a vote when they declare abstension prior to discussion. Strongly encouraged to remove themselves from a discussion. They must state the reasons for the abstension. So they can't just say I I was staying. I'm not going to be here. You you need to declare why you're doing that. The chair may request the commissioner who has declared an abstension to step away if the chair determines it is necessary to maintain fundamental fairness. So there's another responsibility of the chair. The chair has to try and make sure that abstensions and conflicts of interest are maintained. And then alternates shall not replace an abstaining commissioner. So if a commissioner abstains from an item, alternate does not replace them on that.

Andrew, can I ask a question? Yeah. The stepping away just means just like leaving here. Does it mean leaving the room? I would interpret that to mean leaving the room. wondered about that on the conflict of interest too if you declare a conflict cuz we've had that I think before but we just stay here like we usually do you think that or do we think that um would lead to any pressure to vote a certain way? I think we've traditionally asked them to leave the room during that debate completely because facial expressions whatever it is it just

but that's just up to the chair whether that whether they're asked to leave the it's up to the chair or the commissioner themselves. We can all vote to have them excuse themselves. Okay. I think it was probably four or five years ago. I had a my wife had a conditional use permit and Tyson was the chair and I talked to you about it beforehand and I didn't leave the room. I just didn't vote. I abstained from the vote. Well, but you don't have a lot of expressions so we didn't. Yeah. You're hard to read. Where me? We knew where you were at on

Yeah. A lot of it comes down to the comfort level of the commissioner and the comfort level of the chair. Um, but that's the way I interpret it. Step away means you leave the room.

Okay. Okay. A commissioner may be permitted to explain their vote and shall only be permitted to explain the vote prior to the state of the voting process. And once voting has begun, there shall be no further explanation or discussion on the agenda item. So, if the plan if a if a planning commissioner wants to explain their vote, how they're voting or their position on that, they need to get the chair's authorization to do so, but they need to do that before a motion is made and uh get that done. But we do encourage that you you express yourself and your opinions uh while you're on the commission. Uh the planning commission schedule, as you know, meets every second and fourth Wednesday of each month. Special meetings may be called by the chair or by three members of the commission. Uh we don't have a lot of special meetings, but one that I do recall was a few years ago with the uh the Desireet Peak High School. You may recall that one. We held that one. I believe it was the week between Christmas and New Year's.

Uh they were desperate to get their their conditional use permit approved and we held a special meeting for that. So the chair can do that or three of you, three of the commissioners can do that. Emergency meetings still require the best notice possible. So, if we're going to have an emergency meeting for any item, we need to get as much notice as we can as possible. Uh, typically that means posting it at city hall, posting it on the website, the city's website. Uh, we may not have enough time to get the notices out in the mail, but as long as we're posting it to the state website, the city hall, and so forth, I think that is the best we could do. Uh no emergency meeting shall be held until all commissioners have been notified and a majority agree to hold the meeting. So we have to have a majority. Reconsiderations. The planning commission may reconsider any of its decisions upon the petition of an affected party if the affected party provides a written petition within 30 days of a decision. So, if you uh so say you approve a conditional use permit with a requirement for a 12-oot tall fence uh because you need to m you need to mitigate, you know, light pollution and so forth. An applicant can approach the planning commission within 30 days in writing and request that you reconsider that decision. And you can if you would like to reconsider. You don't have to, but you can. uh you must identify the applicant must identify the decision of the planning commission and the request must be placed on the next meeting agenda. The planning commission must vote in a public meeting and the planning commission may reverse, amend or uphold its prior decision, however you'd like to proceed with that. Agendas. An item may be placed on the agenda if the request is provided 10 days prior to the meeting. That is actually an outdated section of the

bylaws. uh we are required to issue notice for an item for the agenda 10 days prior to a meeting. So 15 days is well beyond the current requirements. A chair may place an item on any agenda as long as it meets noticing requirements and requests for continuation of matters shall be filed with the community development department by noon of the day of the meeting. So you've seen a couple of requests for continuation. We brought one of those related to a a small townhouse development. Um those don't require noticing. We we slap that on the agenda pretty much the Friday before the meeting. So I don't like to put things on an agenda at noon of the day of the meeting because we're required to post the agendas 24 hours before the meeting. And if we do the noon before it does not or noon the day of the meeting, it doesn't meet those requirements for posting the agenda. So that may be something else that we may need to look at uh amending rights and duties quorum. Four members constitute a quorum. So if we have a lot of absences that for that meeting if we get less than four we have to cancel the meeting. So I have not seen a meeting canceled here with Twilla City's planning commission due to a lack of quorum. Uh my previous jurisdiction we had a few planning commission meetings canceled because we only had two commissioners show but uh Tula city's planning commission has always been really good about having a quorum. Uh members abstaining sh member members abstaining shall count towards consideration of a quorum. So if you only have four of you here and one member abstains, you no longer have a quorum if I'm interpreting that right. Uh so we have to keep that in mind if we have four commissioners. uh majority is considered four concurring votes. So if you're down to

four commissioners and you have a vote, all four of you have to approve it. Uh if less than four commissioners means a meeting is canled. If a quorum is not present for an agenda item, the commission may move on to the next item and the planning commission may not vote by proxy at any meeting. I believe by proxy means phoning in. I think if I'm incorrect, somebody correct me on that. Generally means letting giving somebody else the power to vote on your behalf.

Okay. Excellent. I've never actually had a request by the planning commission to planning commissioner to call in for a meeting. I know the city council does that quite regularly. Uh I suppose the city council does that. I imagine that planning commission can do that as well, but uh not a request that comes very often from the commission. That's because we have alternates and we usually can move forward if you're not present at the meeting. At the conclusion of any vote, the chair shall declare the result of the vote as following. Did the motion pass or fail, number of affirmative votes, number of dissenting votes, and any abstensions? And then the disposition of the item, and our chairs have always been good about doing that. Changing a vote. No commissioner shall be permitted to change their vote after a vote is cast and the next vote is called for by the chair except when properly reconsidering an item. So you can't change your vote unless you all vote and reconsider an item through that reconsideration process. Rules and procedures. Order of business. Planning commission shall follow the normal procedure. However, the chair may rearrange the procedure if necessary for the expeditious conduct of the business. I'm not sure what this would apply to, but um the chair does have that authority to to rearrange. It may be rearranging the agenda kind of like what you did tonight with the with the training uh recesses. The planning commission should take a 10-minute recess every 90 minutes or as directed by the chair. Commissioners may request a recess of the chair at any time. Recesses may be only taken between agenda items and a motion may be made to break for a specific purpose while also stipulating a specific time to reconvene for the meeting. And then time to reconvene must be on the same day as the

meeting. So you can't request a recess for two days. So it's got to be during that meeting. Field trips. I know some of you like to visit the sites before a meeting and we encourage you to do that. Uh we don't usually do field trips as a commission. However, we can if that's something the planning commission wants to do. However, if you do want to do that, we have to treat it like a public meeting. So, we have to post that agenda on or we have to post that field trip on an agenda and uh it shall consist of staff and commissioners meeting at the location. We have to travel individually. Keep in mind this is not an ordinance. This is the planning commission's bylaw. And the public shall be allowed at the site but shall not be permitted to provide comment. So we encourage field trips. We encourage going to the site. If we ever wanted to travel as a as a full commission, we could do that. Uh it's not something that's been requested in my time here, but it is a tool that's available if you want to do that. Motions. Any planning commissioner can make a motion or second a motion. Motion should state findings for approval or denial. Motions should include conditions and commissioners may request legal advice from our city attorney friend Mr. Johnson over here in preparation and deliberation of the motion. And if a motion does not receive sufficient votes to pass, the motion fails and may not be renewed by the author. So if you make a motion and it fails, you can't keep doing the same motion. It's done. Otherwise, we'd never get out of here.

Why not? Why not? Come on. And you'd be surprised what some commissioners do. I You guys are great. In my previous jurisdiction, we had a wild planning commission. It was It was entertaining. Sounds like it.

Um, let's see. Motions. A motion must be seconded to be voted upon. A motion that fails to get a second shall be deemed defeated and a new motion is needed. A motion may be withdrawn by the author prior to the vote and a motion to table an item for further study or additional information may be made and then any members may suggest amending a motion. The amendment must be accepted by the author and seconded in order to amend the stated motion. The author does not have to accept the motion. And then uh an amendment to a motion may be conducted at any time by the chair prior to putting a motion to a vote. And then that next paragraph I'm going to skip because it's just I don't understand that one.

Um if that's all it takes got a whole problem started unless you want to talk about it. Okay. A substitute motion shall replace the original motion if it is made prior to a vote on the original motion. Number one, the commission shall vote on the substitution. And number two, there shall not be allowed more than two substitute motions for any one action. I don't know if this is something the commission has regularly done. We don't get a lot of substitute motions. That's happened once. I know. And I was really confused by I'm like, how does my motion get squashed by the second one? You know, like it didn't make sense to me. Yeah. But it did happen.

According to this, if you make a substitute motion, the commission has to first vote on the motion before they can take a vote on the item. I don't know if that's how we do that. Okay. So, but I And I think that's I know what you're saying, but I don't think you said it right. Yeah. Um there is a substitute motion in place. You have to deal with that motion. If that fails, you go back to the underlying Okay. motion. Gotcha. So I think you right, Matt? Yes. Okay, that sounds right. So you don't vote on the motion itself, whether to consider that motion. You're voting on the actual item

that amendment motion. If you're vote, if you're dealing with an amendment, you you take care of the amendment first. It passes or fails. If it passes, that's your your motion. If it fails, you go back to the underlying That makes sense. I think clear as luckily we don't have that problem arise very often and we're never doing it again now. I'll be asking next week we'll be doing it. I'm absent that day.

Decorum and debate. Uh we do encourage debate with the planning commission. Uh debate's always healthy, especially when dealing with um legislative items such as land use map amendments, zoning map amendments, and text amendments. Uh legislative items, as you know, go to the city council for final decision, but we we like to have uh various opinions offered when it comes to legislative matters. And so we encourage debate and the bylaws actually also encourage debate. Um, but there is certain ways that you have to refer to each other while you're on the commission. Uh, commissioners should address the chair with recognition to their role, such as Mr. Chair or madame chair. Um, hey you or hey dude. Those usually don't work very well and you guys are really good about that. So, uh, commissioner shall refrain from speaking until recognized by the chair. The commissioner shall request to the chair the opportunity to speak during review of agenda items and all discussion on any any agend agenda item shall be confined to the facts of the application and avoid references to other unrelated applications. And then commissioners shall not be permitted to make personal attacks or question the motives of a member of the public applicants staff members or other commissioners. Um, believe me when I tell you, as a member of staff, it is not fun to stand in front of an antagonistic planning commission. Uh, in Riverton, we had we had some antagonistic planning commissioners, and it was not pleasant. Uh, you guys are excellent. You always show very good respect to staff and and believe me, staff appreciates that. Commissioners may call upon subject matter experts during discussion and debate to answer questions before voting. So, you are free to call on anybody to come up and give you advice. You have questions about water, get Paul

up here. Um, legal advice from our legal expert. Um, any anybody you would like to have to discuss any kind of an item, uh, staff can arrange that for you. We could have the fire chief come. We could have anybody you'd like anybody you would need to talk to to help you make a decision. We can arrange that for you. And then questions shall remain relevant to the application being considered on the agenda. And staff always makes an effort to make sure the planning commission is aware of the item that's being discussed to try and make sure we keep our our motions and our discussion focused on the issue at hand. We don't want to get into site plan design review when we're considering a conditional use permit. Those kind of things

sometimes. Enforcement. The chair may interrupt a speaker or a commissioner at any time to inform them they are out of order and in action statement or decorum and call them to order. That's one of the another one of the chair's responsibility. So, Commissioner Hamilton, you get to have fun with that one.

Uh, any commissioner may request the chair call another commissioner to order. So if another commissioner is acting as what another commissioner may determine out of line, a commissioner may ask the chair to call them to order. If the chair calls for the removal of a commissioner, the commission shall immediately proceed to a vote on the removal prior to any further deliberation or discussion on an agenda item. So the planning commission can vote to boot an unruly commissioner off for that item if you need to. Um, have not seen that happen here in Tilla thankfully, but I did see it in Riverton. Interesting. Fist fight. Actually,

I would have watched this. We're going the wrong way. Riverton was a little wild in my early days there. Uh, commissioners shall not engage in whispering, getting up from their seat, wandering around, or in any other way when

the chair is speaking or taking action. when the commission is voting or during any other discussion and debate on an agenda item. I've seen sometimes commissioners will get up and stand behind their chair because they're tired of sitting. I think that's I think that's acceptable, but getting up and wandering around and talking to people during an agenda item uh according to the bylaws shouldn't be doing that. No member of the commission shall interrupt or question another member in discussion or debate without the consent of the commissioner and to obtain such consent shall first address the chair. So don't interrupt each other. You all have plenty of opportunities to speak and the chair's job is to make sure that you have that opportunity. There's no need for interruption and you guys are excellent with that. The chair may call for and require the immediate removal of one or more members of the public from a meeting if the person is unruly and disruptive to the conducting of the commission's business. Two, likely to continue behavior without removal, and three, removal is necessary for the orderly pro proceeding of further commission business. So, you can um require removal of an unruly individual from a meeting. The one question I have is what if they refuse to leave? I'm a big guy. I could act as a bouncer, but I don't particularly want to get in comes in again just however

I'll get them out of here.

But yeah, you can remove a you can remove a a person who's being a nuisance uh in your meetings and get them out of here. Now, the the bylaws do do address this. Um, if a person does refuse to leave, instead of resorting to physical action, um, you can declare a recess or adjournment of a meeting as a means to curtail or control unruly, inappropriate, or disruptive behavior on the part of the public, staff, or the commission. So, if the person's not going to leave, you can just you can just end the meeting. And I'll just add that there is a criminal offense as well that can be reported if if a meeting's interrupted. Uh the person can be referred for criminal charges

because of that. So this meeting if this happens all remaining items on the agenda shall be continued to the next regular planning commission meeting. So the meeting ends, everything moves to the next meeting. Are we required to adjourn it? You say recess. Can we recess for 15 minutes while the police come haul somebody off and and go back to business? That's a good question. Bylaws don't address that. Yeah, it says recess or adjourn, right? Yeah. Seems like we should be able to do that if it says I would think that you should. So, in Riverton, did they ever have the chief in the meeting? Oh, yeah.

Yeah. In the early days of the city, it was it was pretty rowdy. we'd have there were a couple families in that city that uh like to cause some trouble and they were also significant land owners and they did not like each other. So if one landowner was doing one thing, another land owner came over and and it got fun. So uh let's see where we at. Suspension.

Suspension of bylaws and rules of procedure. Standing by laws and rules of procedures shall be altered, amended, suspended or rescended only with the sustaining vote of the planning commission. So I guess if you felt like a a bylaw was not functioning properly or was not what you wanted, you could vote to suspend that for for I guess any reason that's in the bylaws. Uh any voting member of the commission may offer a motion to suspend the bylaws and rules of procedure must include a rational basis for doing so that is necessary to maintain the fundamental fairness of the commission's review and business. So if you want to suspend the bylaws and rules of procedure, you have to have a good reason for doing that and it has to be related to keeping the meeting moving along. The planning commission amends its own bylaws and the procedures to do so are included in the bylaws. They may be amended by the planning commission after placing the amendment proposal on a regular meeting agenda. Considering the proposal during a public meeting and upon a majority vote of all the members of the commission in attendance, including the alternates. So when it comes to amending the the bylaws, the alternates should be involved in that. and the public shall have the opportunity to review and respond in writing to a proposal to amend the bylaws and rules of procedure prior to adoption by the planning commission. I do not believe the bylaws go to city council for approval.

Just ours, they go to us. You look the cheat sheet on the back. I see planning commission signatures. Yeah, I don't think they do. I think they are entirely yours. All I know is Melanie didn't sign this last one from 22. Well, she was an alternate. Yeah, the last time we amended was 11th of May, 2022. Oh, Melanie, what day? May what? May 11th. I was probably gone.

It was a PTA convention. I remember when we posted these when we when we amended these before we posted them for public review. I don't think anybody reviewed them, but um we have to do it. So, those are the bylaws. Uh hopefully I didn't put you to sleep or bore you too much. If you if you'd like to make amendments to those bylaws or make some changes, let me know and we can we can start throwing those on the agenda. And uh if you're happy with the way they are, we'll just continue to review them on an annual basis and and uh tackle them as they tackle the changes as we need. So that's all I have in regards to training. Uh your first meeting in January, we'll be doing the powers and duties training. We have to do that by law. And so that will have some training. I I think um I'll have that meeting whether or not we have any items on the agenda. We need to get that training out of the way both for you guys and also for the new commissioners so they can they can take their seats. So I expect that to come through on the first meeting of January which I believe is January 14th. So okay, any questions for me?

Um I assume that we all cleared our minimal requirements for training this year or hours this year. Yes, you all you all attended more than 12 meetings. So that's one hour and then I believe this is our fourth training and so I think all of you have have met the minimum requirements. So and I will try to have more training uh next year. I am I'm pleased to report that we have extended an offer to a new city planner. Um I hope that the I hope that she hope that she accepts it because I can't do both of these jobs. It's um it's getting a little overwhelming. So, well, we're kind of overwhelming the minute taker, too. We probably need to make that hire pretty soon.

Yeah. And we also hired a new minute taker. Okay. We have a new minute taker who'll be starting pretty soon. So, Shiloh will get a break from that as well. Although, this is a fun meeting to come to. You should just stay with us. Yeah. Yeah. Anyway, appreciate all of you and what you do for the city and have a have a merry Christmas if I don't see you until next year. Andrew, thank you for everything that you do for the city for us. It's a pleasure. It's easy to and you jokingly say we're doing a great job. We do that cuz we're we have what we need to to do what we need to do. You can say all you want about Riverton. I know that was not necessarily the case there. If everybody on this side of the table wants to come in and be positive, that was not the case back in the day. Yeah.

Well, thank you. And we're right at 90 minutes. We need a 10-minute break. Okay. recess until 8:45 and then we'll adjourn. We already adjourned. Thank you all. So, let's all have a good