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Event transcript
OK, well John, you let us know when we're ready to rock'n'roll. 00:00:18
I. 00:00:29
I don't have any. 00:00:34
Dark up here. 00:00:37
Maybe because the sun's not coming through? 00:00:40
Or maybe because you're in the southern hemisphere where the sun is up a lot longer. 00:00:44
When did you get back to? 00:00:50
We got back a week ago. 00:00:52
So you're you're pretty well recovered. 00:00:55
Look at that Friday, You're not sleeping. 00:00:58
It's clear. 00:01:05
It's 7:00 in the morning where you live right now. 00:01:08
I don't know. 00:01:11
Time it is. 00:01:13
All right, we're up. We're going. 00:01:15
OK, well, good afternoon everyone. Welcome to the holiday City Planning Commission work meeting. 00:01:17
Or work session. 00:01:23
We have a public hearing tonight on Charleston Place subdivision and then the approval of Minutes 2, separate approvals for 1/21 00:01:26
and for 2/4. 00:01:31
And with the oh, and we have all commissioners in attendance, legal counsel and city staff. 00:01:36
Less Commissioner Wilshinsky, who was not with us tonight. 00:01:43
And with that, we'll roll into the first item on Charleston Place. And John, if you'll give us a rundown, that would be great. 00:01:47
Sure. Thank you. 00:01:54
Chair Roach, we have before you an application for. 00:01:55
Tula subdivision split. 00:02:00
At this address there was an existing home at 5870 S Highland Drive. 00:02:02
It's located within the Charleston Place subdivision class. 00:02:08
His own Here is our 110. 00:02:12
And they have just over half an acre. 00:02:15
Enough to split. 00:02:17
Plenty of ground to split the light into two. 00:02:18
Umm. If you've driven by the property, you'll notice that it's under construction right now. 00:02:23
Ivory Homes has purchased that lot and in its gross size and issued. We issued the permit based upon its larger size. 00:02:28
In the mean time, they had been working with the HOA. 00:02:36
To negotiate a subdivision plan. 00:02:40
The reason why enjoy is involved is because their CCNR's require. 00:02:43
A minimum lot size of half acre. 00:02:47
So we've gone since I've been here. This lot has been pursued for 1/2 acre or as a lot split because of the R110 zone. 00:02:50
But the HOA has denied every applicant up until now. 00:02:59
So we. 00:03:03
I would expect some residents from the HOA here. 00:03:05
Probably not. 00:03:09
But that's one of the reasons why you see this site under construction right now. 00:03:11
The TRC has gone through and reviewed the platform. 00:03:16
Compliance for the R110 zone, which it does comply. 00:03:19
There will be some off site improvement requirements as. 00:03:22
Sidewalk is existing on the Highland Dr. side, but it doesn't yet wrap around onto the Charleston lane. 00:03:26
Curb, gutter and sidewalk and St. trees will have to be installed along that section. 00:03:33
Now the HOA does have. 00:03:38
Some concern about sidewalk down their St. 00:03:42
They may bring that up in the meeting, they may not. 00:03:47
If they do, I'll defer. 00:03:50
To Brad and how to address HOA and CCNR. 00:03:51
Issues in compliance when it comes into play with city regulations as far as zoning. 00:03:56
The there is an opportunity whenever you have a subdivision or a new home that's been built to. 00:04:03
Request to defer offsite improvements. So where we come? 00:04:10
To a property and have the requirement for sidewalk be installed, they can ask for that installation to a later date, they can. 00:04:15
Pay for those improvements to have the city of seldom at a later date, or they can outlay apply to waive them altogether. 00:04:22
I'm willing to suspect that. 00:04:30
Subdivision or the HOA presidency will probably apply. 00:04:32
Ivory to waive that requirement. 00:04:36
That's yet to be determined. It's not necessarily the purview of the Planning Commission to review that. That goes to Gina. 00:04:39
As far as the waiver is concerned, but. 00:04:46
Those are the type improvements will be required at least. 00:04:49
For this first lot, not necessarily all the way down Charleston Lane. 00:04:52
Does that mean there's there would be a partial sidewalk? Yeah, at least for the house that's been built. 00:04:57
I'm sorry, can you just go? I missed the beginning of the sentence. 00:05:07
Who has denied? 00:05:11
All the subdivisions of our the HOA. 00:05:13
Yeah, no, the Charleston Place HOA. 00:05:16
Has denied Yeah through their CCNR's they have architectural requirements. 00:05:19
Other mandates or codes, one of them being a minimum lot size of half acre. 00:05:24
Yeah, Plant has been prepared in a draft form for the Planning Commission to review. 00:05:30
And the staff has recommended. 00:05:36
Approval of the two lot subdivision for Lot 1A and 1B for Charleston Place amended. 00:05:39
And as the sidewalk, something that should even really be considered in this application. 00:05:48
Because it's off site improvements, it's already. 00:05:54
It's already addressed in the code in different places. That's a requirement. Not necessarily. 00:05:57
So while it might be a talking point, it won't really be a decision after. 00:06:03
So this subdivision should the City Council. 00:06:09
Approve the zoning change. 00:06:13
So that they can get then go through the process to get the subdivision. 00:06:16
Would exist within an HOA that doesn't allow. 00:06:20
Until now. 00:06:26
This size, yeah, let me back up. The zone is in place and has been for quite a while. It's our because as it fronts up on the 00:06:27
island. 00:06:32
It's just 121 or. 00:06:38
121 next to it, then yes, OK, directly next to it. 00:06:41
For the next lot or so, both of these lots are would be within the R110 zone. 00:06:46
The next lot in would be the R121 ethically requirement. 00:06:52
OK. 00:06:56
I think the specifically there's going to be some. 00:06:59
Push and pull from the HOA and the applicant because. 00:07:03
It's always approving. 00:07:06
A subdivision here which can be approved through zoning. 00:07:08
Through the city. 00:07:12
And they are. 00:07:14
Would be a threat to withhold their approval for a subdivision flat through their CCNR's, but that would have to be between the 00:07:16
property owner and the HOA. 00:07:19
Not necessarily Planning Commission. 00:07:23
So we're not really setting the precedent here. 00:07:26
No, it's no the zones in place. 00:07:29
They have plenty of ground and it's just two single family lots. 00:07:34
Yeah, would be fair to say that. 00:07:38
Construction started before the. 00:07:43
To force the issue of. 00:07:47
Foundations are all in. 00:07:48
The other side of the lot is being leveled. 00:07:52
The trees are down every. 00:07:55
Couple of days ago there's that. I would just happen the other day. 00:07:57
They never had approval to do that side. I just talked to that contractor today and let them know that will probably be probably 00:08:02
brought up by the Planning Commission, so I will. 00:08:06
Highly suggest you bring that up. 00:08:10
I couldn't post your master just found that out. 00:08:13
You know, earlier this morning or late yesterday. 00:08:15
Yeah, there's. 00:08:19
The grubbing that had happened. 00:08:21
Months ago. 00:08:24
Was only limited to the building area where the houses everything else because it was still considered in a gross area was off 00:08:25
limits. 00:08:29
That wasn't considered to be developed. 00:08:32
Up until within 247072 hours. So the condition of approval we can say they got to put in twice as many trees to make up for the 00:08:35
mistake. 00:08:39
Find them for as many as they removed. 00:08:44
So at least we'll take care of it through the final enforcement. 00:08:48
Process. 00:08:51
Yeah, their their claim was. 00:08:53
Week they didn't know. 00:08:56
They didn't. Nobody told us not to cut all those trees down. 00:08:59
These construction people. 00:09:03
Yeah. 00:09:08
And is there any? 00:09:11
I mean, I guess it doesn't really matter at all legally pans out, but isn't there like a heavily wooded lot right adjacent to this 00:09:13
that has no structures on it? Like right, just immediately West of it? Yeah, Yeah, there is. 00:09:19
Half of that lot. 00:09:25
Is very avoided, but there's a small house deep in those trees back in there. 00:09:28
Interesting that one was not part of the subject. It's part of the Charleston Place subdivision, but not part of this amendment. 00:09:32
Any other questions on the Charleston Place? 00:09:42
Pretty straightforward. 00:09:47
And then even though we are not making any decisions on them, we can discuss did anyone find anything in the minutes on either 121 00:09:50
or two four that they saw needed adjustment or clarification? 00:09:56
All right. So those should be pretty straightforward when the time comes for emotion on those. 00:10:04
Umm, couple quick talking points while we're still in the work session. 00:10:10
Um, one I guess there is. 00:10:15
Some sort of technical? 00:10:18
Challenge with pausing of the work session broadcast before it becomes the work or the actual meeting. 00:10:20
And so we need to remember that we should. 00:10:28
As part of the public open minutes like mute mics and not talk about any. 00:10:31
Thing Planning Commission related, past or present, where decisions can or have been made. 00:10:36
And reserve that for private conversations, because we don't want to. 00:10:43
Have a bunch of sidebar conversations that might confuse those watching in the interim. 00:10:48
So that that came up because we had a little bit of time in one of the recent meetings and. 00:10:53
I guess there were some comments made that couple eyebrows went up on SO. 00:10:59
Just for future reference. 00:11:05
We'll be on our best behavior as far as that's concerned. 00:11:07
There was also just wanting to float the idea by the Planning Commission. 00:11:11
When we have just single items on the agenda like this. 00:11:15
Where we don't anticipate it's going to take more than. 00:11:21
You know, 20 minutes to actually come in and go through the process. 00:11:24
There's a lot of work for the city, obviously, and then of course it takes time out of everybody else's schedule. 00:11:29
Would the planning commissioners, I'm just putting this out here for discussion, be interested in saying if we have less than one 00:11:35
item on the agenda to table that until a future meeting and that just. 00:11:40
Skipping over that meeting. 00:11:46
You mean one item or less? Yeah, because I don't know how we could have less than. Sorry. Sorry, what item or less? You know what 00:11:48
I'm saying? Yes, expiring any minutes or you know, like an action item, right. Public hearing or action item type stuff. 00:11:55
Yes, I would be interested. 00:12:02
Me too, that's true. 00:12:04
I mean especially with the. 00:12:07
Stuff I'm that makes a lot of sense. Thanks, Commissioner Barrett. Thoughts, I guess. 00:12:09
It's not time sensitive, right? We'll still comply with the, I believe the requirement is what is it 60 days? Is that what? 00:12:14
So as long as we don't have any situation where for whatever reason we didn't have the two meetings prior, I think we'll still be 00:12:22
OK if we just say, hey, you're going to wait till the next meeting for this. 00:12:27
If it's a single applicant, Commissioner Cunningham, any concerns on that, long as there's not a? 00:12:32
Legal reason that we have to. 00:12:37
Consider it within a certain time. 00:12:39
So with that, it sounds like the commissioners are pretty unanimous on feeling good about that approach. Is that something city 00:12:42
staff can address? 00:12:46
And implement on the go forward. 00:12:50
Perfect. All right, so there you all go. We might get a meeting or two out of this, so. 00:12:53
We're out of a couple meetings. 00:12:58
But with that, we're almost to the top of the hour, so once there's any other work session. 00:13:00
Questions, concerns, then we will go ahead and close the work session. 00:13:05
And take a very brief pause until we can officially start at 6:00 PM with our meeting. 00:13:09
Yes. All right. Well, good evening, everyone. Welcome to the. 00:13:23
Holiday City Planning Commission. 00:13:27
March 4th, 2025. 00:13:29
We have all commissioners in attendance except for Commissioner Voltinski and city staff and legal counsel with us this evening. 00:13:32
And we have two items on our agenda. We have a public hearing. 00:13:39
For Charlton's place subdivision and then an action item for an approval of minutes. 00:13:43
And before we start our meetings, we have a opening statement which I've asked Commissioner Font if she would read for us at this 00:13:48
time. 00:13:51
The City of Holiday Planning Commission is a volunteer citizen board whose function is to review land use plans and other special 00:13:55
studies. 00:13:59
Make recommendations to the City Council on proposed zoning map and ordinance changes and approve conditional uses and 00:14:03
subdivisions. 00:14:08
The Planning Commission does not initiate land use applications. 00:14:12
Rather, acts on applications as they are submitted. 00:14:16
Commissioners do not meet with applicants except that publicly noticed meetings. 00:14:20
Commissioners attempt to visit each property on the agenda where the location, the nature of the neighborhood, existing structures 00:14:25
and uses related to the proposed change are noted. 00:14:30
Decisions are based on observations, recommendations from the professional planning staff. 00:14:36
The city's general plan. 00:14:42
Zoning ordinance and other reports by all. Verbal and written comments and by evidence submitted all. 00:14:44
Which are part of the public record. 00:14:50
Thank you very much, Commissioner. And with that, we'll move into our first public hearing item, which is Charleston Place. 00:14:53
And we will ask city staff if they will give us a quick presentation on that before we invite the applicant up. 00:15:01
Right, thanks, Chair John Chairlink, Community Account of Development Director. 00:15:09
Taking over tonight for Kerry Marsh, who prepared the packet and the staff report. 00:15:13
For you tonight. 00:15:18
Application tonight is an administrative request to subdivide land. 00:15:19
.55 acres currently on the corner of Charleston Lane and Highland Drive. 00:15:24
The property is located in the R110 zone. 00:15:29
One acre or one home per 10,000 square foot. 00:15:33
Acre Zone In order to plant new properties, minimum lot size requirements are required to be met which the TRC is able to review 00:15:36
for this property. 00:15:41
Specifically. 00:15:46
An 80 foot width and including in 10,000 square foot lot minimum. 00:15:49
Those basic parameters are met by this application, including. 00:15:54
Utility service availability letters letters that. 00:15:58
Required when? 00:16:02
And your last created for water gas power. 00:16:04
Those types of things that make it to ensure that we want to be served by those. 00:16:07
Life safety utilities. 00:16:11
The application tonight requires a public hearing, so. 00:16:14
Is requested to hold that hearing. 00:16:17
Prior to moderating a discussion about the applicant. 00:16:19
But the TRC can recommend approval of this subdivision. 00:16:22
All right. Thank you very much. Appreciate that. And with that we'll ask for the applicant to represent thereof to. 00:16:27
Come up and add anything to that. 00:16:34
Thank you. My name is Jackson has the line representing ivory. 00:16:41
I repel that we. 00:16:44
Appreciate the city staff don't have much to ask that. 00:16:46
We're now. 00:16:51
We think that the home plans that will have going on here will. 00:16:55
Attitude, neighborhood and obviously the zoning environments and. 00:16:59
Within very nicely with the surrounding so I won't have too much just once. 00:17:05
Review that. 00:17:10
All right. Well, Jackson, first question I have for you is. 00:17:12
Is the little green light on that microphone honors there a button that needs to be pushed? Because I don't think I heard you 00:17:15
through the system. Look at the base of the microphone. 00:17:19
Just in case then we have any other public comment tonight, I want to make sure it gets recorded. 00:17:26
There we go, There we go. All right, let's I think you came loud enough. They should be able to pick it up. But Commissioners, any 00:17:33
questions for the representative for the applicant tonight? 00:17:37
Looks like you're off the hook so let you have a seat and then invite you back up if needed. 00:17:42
All right. And with that, we'll go ahead and open the public hearing. 00:17:48
At this time. 00:17:52
For those who wish to speak on it tonight. 00:17:53
When you come to the podium, we do ask that you. 00:17:55
State your name and address for the record. 00:17:59
And also try and keep your remarks to roughly 3 minutes or less and try not to repeat any remarks that were already made by 00:18:01
someone else. 00:18:05
And with that, we invite you to come up at this time if you have any comment. 00:18:10
Looks like there might be some. 00:18:18
Mulling it over. 00:18:23
OK. We got a tanker. 00:18:25
So in the packet, state your name and address if you would please excuse me, James, never at 1915 Charleston. 00:18:31
And I echo what Jackson said. It's a great city we live in. It's great you guys are serving and helping keep it outlined. 00:18:40
There's a submission that came with the ivory. 00:18:46
Unpack it about a request to allow Ivory to not involve curb, gutter and sidewalk on the South side. 00:18:49
Of lot #1 and simply to preserve the character of the neighborhood, there are other streets in the holiday city area that has. 00:18:57
Same feature and I'm sort of the lead to an architectural committee that's maintained on the street. 00:19:06
And I wrote a piece that's in there that. 00:19:12
Jonathan, submit it. So if you have any questions for me, I'm happy to. 00:19:15
Try to answer those. 00:19:19
OK. The Commissioners, did you have any questions for? 00:19:20
All right. I appreciate that. Thank you very much. 00:19:24
Do we have any other members of the public that wish to make comment tonight? 00:19:29
All right, done once. Twice. 00:19:35
OK. With that, we'll go ahead and close the public hearing then. 00:19:39
And we'll move to Commissioner discussion. We had a chance to kind of go over this in the work meeting. 00:19:43
Commissioners, any questions or discussion? 00:19:49
I had a concern when I drove by about the scope of the work that's already. 00:19:53
Occurred. 00:19:59
And then maybe if he returned to the. 00:20:01
For a minute. 00:20:04
It's really unusual. 00:20:07
To go out to a site and see that the foundations are. 00:20:08
And there, as the HOA and Ivory reached an agreement that would allow. 00:20:12
What you're trying to accomplish? 00:20:19
Without opposition from the HOA. 00:20:21
Yeah. So it's, it's an architectural committee, not HOA necessarily, but yes, we we've been working with them. James and I have 00:20:24
been in communication or. 00:20:28
With a couple of people on our team for. 00:20:32
Close to 9 months now. So yeah, we've been working on an amendment to the CC and ours. 00:20:34
As well as the the proposed site, the homes that will be there that they will approve. 00:20:40
Right now the the building that you've seen is just on. 00:20:46
You know, because that lot hasn't been recorded yet with the county is two different lots I should say hasn't been split. 00:20:49
It's just all taking place still on that that furthest east side, which would be our this proposed lot 1A. 00:20:54
Yes. Otherwise we've been in full communication with the architectural committees. We've gone along as well as the city. 00:21:02
And there's obviously been some landscape changes, particularly with trees on the new part. 00:21:08
What you're asking for? 00:21:15
It seems rather premature. 00:21:16
I'm sure the city has had a chance to identify all the trees that are there you'll have to replace. 00:21:20
Yeah, sorry, I didn't mean to interrupt you. We just got notice from the city today, so we. 00:21:26
Just for context, we submitted a permit for tree removal for that first lot 10 again the eastern half of the the current lot. 00:21:32
And removed the trees according to that permit, stopped at that lot line for the city's permit requirements, or limitations I 00:21:40
should say. 00:21:45
And then? 00:21:50
A little bit of semantics here, but we passed that on to our home construction team who was aware of that permit and the 00:21:51
limitations there. 00:21:55
Just within the literally the last 90 minutes. Was trying to find answers on some of this but sounds like they pulled out what 00:22:00
they thought was considered a Bush that wasn't a tree. A scrub oak tree that are, you know, commonly referred to as a junk tree. 00:22:06
We already have a landscape plan in place for that second lot. We just were submitting that permit application until a lot of them 00:22:12
split and we knew which home was going to be on there. So we completely owned that. It was just wires got crossed between our 00:22:19
development side and our construction side like that's we will do whatever we need to to rectify that. That was just. 00:22:26
An honest mistake that a tree got pulled out that shouldn't have but. 00:22:33
We have a full landscape plan in place already for both sides of that, which will include a full replacement of any tree that we 00:22:37
take plus the additional amount required by the Tree City USA. So we're. 00:22:42
Is there a date which the HOA? 00:22:47
Can finalize. 00:22:50
Their change in their CC and ours. 00:22:52
We don't have a date. 00:22:56
Limitation. 00:22:58
So yeah, we're just trying to do that as soon as we can. And then again, a lot of this is also. 00:23:00
The waiting on the. 00:23:06
The chance to split the lot right so we can record it with the county. 00:23:08
Officially have two different parcels there. 00:23:11
OK. Any other questions for the applicant while we still have them up? 00:23:17
All right, well, on behalf of the tree lovers on the committee Commission, excuse me, we would definitely love to see extra trees 00:23:20
put back to make up for the faux faux pas. Well, I, I said that when we, there's a lot of reasons to love holiday, We know trees 00:23:25
are one of them. I'm a holiday resident myself. So yeah, I was on it. It was again, we own that we made a mistake. We took out a 00:23:29
tree. 00:23:34
That we shouldn't have, but yeah, we absolutely are planning to conform to city code there with all tree replacement. 00:23:39
Thanks. All right. I've got a question and I'm I'm not sure who is best to be quick to answer this. 00:23:44
I'm a little confused about the whole sidewalk. 00:23:52
Yes, we like sidewalks. No, we don't like sidewalks. 00:23:57
Maybe someone can clarify for me why there would not be a sidewalk on part of the property, but yes, a sidewalk on the Highland 00:24:00
Dr. site. 00:24:06
I didn't find the information in the packet to explain that very well, so. 00:24:11
If someone can inform me what's going on there that would be lovely. 00:24:15
Yeah, I'm happy to take a shot at it. James. Let me know if you want to say add anything. But we are the the architectural 00:24:19
committee and the the existing subdivision just does not have any sidewalk, curb or gutter there. 00:24:24
They have a strong desire to maintain kind of the country filled the street. 00:24:30
They think that the sidewalk, curb and gutter goes a long way. We're doing our best to work with them and we, you know, agree 00:24:34
We've applied for a waiver through the city for that sidewalk on that South side of the property. 00:24:39
And that's our hope that that happens just so we can, you know, be in compliance with the with the architectural committee's 00:24:44
wishes and. 00:24:47
What we need there along Highland Dr. that's a, you know, accessibility issue and just the feedback we've gotten from the city is 00:24:50
that's going to be required regardless of. 00:24:54
Happy to obviously comply with that. 00:24:59
OK, so the Highland would get the sidewalk that it has to have? 00:25:02
And again, and then, yeah, anything else would be up to the city and the granting of that waiver. 00:25:07
And is that Weaver part of this application? 00:25:13
I didn't see it in. 00:25:16
And it's separate. 00:25:17
Yeah, whenever you have redevelopment, even if it's not part of the subdivision. 00:25:19
The home is removed, rebuilt. 00:25:24
And that sidewalk is not installed. We go through. 00:25:26
Existing process that the code outlines for the TRC. 00:25:29
Specific steps as to finding out if that sidewalk is required for that location. 00:25:33
And we will follow through the step once the application goes through the process. 00:25:39
One of them 22 primary. 00:25:44
Parameters where sidewalk is usually requirement one if it's on a safe walking route to the public space school library. 00:25:47
City Center. The other is if. 00:25:57
The width of the right of way can accommodate the sidewalk, and if there's an existing sidewalk it needs to connect to. 00:25:59
Those are sort of the two primary checks that TRC has to look at. 00:26:07
To require or not sidewalk or outside improvements like that. 00:26:11
So because Heidel Dr. does have sidewalk on it. 00:26:16
Just by following the district parameter of the guideline. 00:26:19
Connection is required. 00:26:23
But there is specific. 00:26:25
Abilities to wave defer. 00:26:27
Or have a pain in lieu of those improvements by the owner which they can go through later. 00:26:30
OK. But it has no direct impact on this application today? 00:26:36
Right, OK. 00:26:39
Perfect. All right. Well, thank you very much. Appreciate it. 00:26:41
You do sound satisfied, but I thought I. 00:26:45
Just add and. Maybe it's not clear in the write up, but. 00:26:48
The way things have evolved, I think it's worked out well. 00:26:52
On the South side of Charleston. 00:26:55
There are a bunch of townhomes and that's not part of the Charleston subdivision. 00:26:58
About 20 years ago, before a holiday became. 00:27:04
That area became part of Holiday. It was unincorporated Salt Lake County. The developer wanted to move forward. The county said 00:27:07
no, You got to do curb and gutter. 00:27:12
We said, hey, we would like to. 00:27:16
To that and the county, I think that already decided they just listened to us. 00:27:18
There's no question for safety. 00:27:24
On Highland, you've got to have a continuous sidewalk. 00:27:26
We don't test that at all. 00:27:30
As you come off of Highland, you think, well yeah, why don't you just put curb and gutter on both sides of the streets on the 00:27:32
South side? 00:27:35
But the thing that's fortunate is that for it's a dead end St. 00:27:39
And for walking traffic. 00:27:44
You know there's a safety issue more so, right? 00:27:46
There West of Highland for cars coming off into Charleston. 00:27:49
And it's fortunate that South Side has that sidewalk. 00:27:53
And so the pedestrians, the dog walkers, they can just go to that sidewalk. 00:27:57
But then as you get into the street. 00:28:01
It's like Pheasant Lane. 00:28:03
And there are no. 00:28:05
Other places, the sidewalk. 00:28:07
And so it's sort of just continuing that feel all the way up to Iowa on the South side of the lot. 00:28:09
OK. Thank you very much. 00:28:14
Thank you for the additional clarification on that. All right. 00:28:16
Commissioners. 00:28:19
Just one question. Dawn Reese 19/30/2009. 00:28:21
Is this a public comment or? 00:28:25
I'm just a neighbor across the street from where this is taking place, just for the question. 00:28:28
OK, I mean. 00:28:32
What we would have to reopen the public hearing. So let me if commissioners are OK with that. 00:28:34
We'll go ahead and reopen the public hearing and allow you to go ahead and comment that. Just a question. I received this in the 00:28:41
mail. 00:28:44
It said there was going to be a discussion whether to allow for two lots. 00:28:48
Or not for that location. 00:28:51
But as I lived there, I mean, it seems like it's already past that First one is. 00:28:53
Doug is playing with the house in position, right in place for the second home to go in. 00:28:58
I mean, so I was just wondering clarification, was this meeting here to decide? 00:29:03
There was going to be approval for two lots or. 00:29:08
Living right across the street from that I would say looks like that permissions are even given. 00:29:11
Yeah. 00:29:20
So the city's position is the permission has not been given, and that Ivory probably jumped the gun and started doing work on the 00:29:22
project before they had permission. 00:29:27
That's the city's position, and there's been code enforcement action that was noticed. 00:29:31
The city who's been aware of today. 00:29:36
OK, so. 00:29:38
And not that I'm specifically. 00:29:40
I just when I got this in the mail, I thought this looks like it's already been a foregone conclusion because the hole is already 00:29:42
done, the space is for it. 00:29:46
In front of my house basically for the second house but right they. 00:29:50
They proceeded without permission. 00:29:54
And there's nothing chance that somebody would say, well, we don't want it there at this point, is there? Because it's already put 00:29:56
in. 00:29:59
Well, the challenge is that it, for the most part, this meets. 00:30:02
City code, yeah, so. 00:30:06
There's not a. There's not a reason that. 00:30:08
There's not very many reasons the city would say no. 00:30:11
Yeah, but but it is the city's position that I really jumped. I just kind of looked for clarification because it kind of confused 00:30:14
me when I got this in the mail and. 00:30:17
By the steam shovel is already basically digging the holster for places. Yeah thank you, makes sense. 00:30:21
All right. And before I close the public hearing, was there anything else that we've missed? 00:30:26
OK. We'll close the public hearing again. Thank you. 00:30:32
Brad for covering that and commissioners with that. 00:30:36
We will now move to any additional discussion and if there is none then I will happily. 00:30:40
Love to hear someone make a motion on this. 00:30:47
Before we do that, I'm still a little troubled about the sequence here. I know that. 00:30:52
We're not. 00:30:57
To the HOA and architects. 00:30:58
Thing but. 00:31:02
What if? 00:31:04
However, the process goes with the. 00:31:06
HOA to amend their rules that they don't. 00:31:08
So Paul, let's take that offline because I don't think the city, the city is not a party to a CCNR. So I'll be happy to. 00:31:13
Go over that and the other thing we don't want to do is give legal advice. 00:31:21
To anybody in this situation. So I'll be happy to talk with that, talk with you directly about that, what kind of in general what 00:31:25
a process might look like. 00:31:29
But since the city is not involved in the CCNR's, we don't have. 00:31:33
Enforcement mechanism and CCR. 00:31:37
CCNR's and we don't have a dog in the fight kind of thing. 00:31:39
And so we don't consider them at the Planning Commission. 00:31:43
On whether or not that's not something the city considers so. 00:31:47
That makes. I don't know that we need. Do we need any comment from the applicant on that? 00:31:50
Now we're good, we're going to sit you back down. Thank you, though. 00:31:55
All right. Any other questions or discussion points? 00:31:59
OK. 00:32:05
I will admit to having some hesitance to do something that. 00:32:09
Condones bad action by a developer. 00:32:15
I no offense. 00:32:18
Mr. Ivory. 00:32:20
Person but. 00:32:21
This sort of feels like. 00:32:23
Closing the barn door after the heart horses already left. 00:32:25
And. 00:32:29
It really seems like maybe we should have some better compliance. 00:32:32
I'm not sure what we have to do about it, but I'm just not thrilled. I'm going to back things up a little bit. 00:32:38
The house permit was approved for the gross lot size. 00:32:46
Regardless of the subdivision. 00:32:51
I think the comment of whether or not I'm approving a site plan or development before a subdivision plat. 00:32:53
Umm, because the site plan that we reviewed a lot of was approved based upon the goal slot size. 00:33:00
Not based upon a subdivision. They did shift it to one side to ensure if they could get through a subdivision plat that could 00:33:06
occur later. 00:33:09
But as far as preceding or have putting the cart before the horse in the subdivision plat. 00:33:13
I don't necessarily see it that way. 00:33:19
Because we're reviewing the site plan and the development as one entire piece. 00:33:21
They knew and they in their discussion with the HOA. 00:33:27
Through the CCRS that they had plans to make that subdivision. 00:33:31
At a future date. 00:33:35
The lot size that was leftover on the site time that we approved. 00:33:37
Had enough area for that? That's that split to occur. 00:33:41
So yeah, the site plan was approved, the building permit was approved, vulnerable gross area size. 00:33:45
Knowing in the future there could possibly be another subdivision of land of that side yard area sort of in between there. I'm not 00:33:53
sure if it was necessarily. 00:33:57
An order of operation problem. 00:34:02
I can definitely tell that it has been seen, can be seen that way and I knew it was going to come up tonight. 00:34:05
And I was hoping Kerry would address it a little bit in the staff report. 00:34:12
Yeah, I can see where that's coming from. So normal setbacks and. 00:34:16
Space between homes and all that can still be achieved. 00:34:21
If there would have to be. 00:34:26
What you know, which happens to be but. 00:34:29
You didn't think you would have to have a permit to pull trees and? 00:34:31
Sorry that was not shots fired. No I totally understand. I just wanted based on councils comment and the conversation at the 00:34:35
bottom of page one it identifies the all standards and setbacks were met according to the unsubdivided law so to. 00:34:42
Kind of emphasized John's point like we permit wise and plan wise we followed everything according to code for that unsubdivided 00:34:50
lot. We just built it on that east side. If you know we get to the approval to split the lot then we can put another home. But if 00:34:56
not it still is accordance with code with based on the current set facts and standards. Thank you. I appreciate that 00:35:02
clarification. Yeah, but I mean to your credit, yes, that area that wasn't. 00:35:08
Approved for grubbing and tree removal. 00:35:15
The far western end, yes. 00:35:17
Now let's see that's that's the only thing that. 00:35:20
Exceeded their approvals. Somebody's hand should get slapped so they do have a building permit for the existing home. 00:35:23
Or the house that's under construction and there's no building permit for the second, The second not yet 'cause it hasn't. This 00:35:29
has to happen. 00:35:33
Right, so. 00:35:38
And they haven't dugout a hole for that foundation or anything, they just scraped the lot. Is that right on the West side of it? 00:35:39
I didn't drive by but that's my understanding. 00:35:46
OK, fair enough. Well, that's, that's fun. All right. 00:35:50
So, Commissioners, any other questions, thoughts or discussion? 00:35:59
I will just point out that in the packet does say. 00:36:04
It will also comply with set back requirements should the subdivision. 00:36:07
Create the new lot. So it's the setbacks are fine either way. Yes, I think that we're sort of the back door to get around that. 00:36:11
That would be problematic, but. 00:36:15
But it feels like. 00:36:20
There, there aren't a lot. There don't seem to be a lot of reasons to deny a subdivision and. 00:36:23
It would have worked both ways, so. 00:36:29
OK, All right, perfect. 00:36:32
Does anyone have? 00:36:35
The readiness to throw emotion out there for us tonight. 00:36:37
Have the motion up. 00:36:41
We didn't. We didn't get our papers. 00:36:45
We pull the motion up, John. 00:36:48
We could wing it, but if you want us to do the whole legal. 00:36:51
He's like to do it right. 00:36:55
Is that what you're looking for? 00:37:01
Yeah. 00:37:04
OK, I'll make it. All right, Commissioner Ford, go ahead. 00:37:11
I motion. 00:37:16
Microphone. 00:37:19
A motion to approve the preliminary plat application by Jason Haslam for Charleston Place. 00:37:23
An amendment to an existing subdivision to create an additional lot from one existing lot. 00:37:31
Located at 5870 S Highland Drive in the R110 zone. 00:37:36
Based upon the findings. 00:37:42
Oops. Back me up Charlie. Thanks. 00:37:44
One development details required for preliminary and final plat have been submitted and reviewed by the TRC to each of the lots. 00:37:51
Comply with the minimum width and area for single family home development in the R110 zone. 00:37:58
Three, the required submittals for preliminary subdivision development have been provided where applicable and have been found to 00:38:06
be complete and acceptable. 00:38:11
For fire access is existing and approved by the USA. 00:38:15
And five public roads and utility easements are shown on the plat. 00:38:21
All right, we have a motion. Do we have a second? 00:38:27
We need that following. 00:38:30
Oh. 00:38:35
Also within one year and in accordance with 13. 00:38:38
.10 A .070 E. To complete administrative review and approval of the final plat by the Community and Economic Development Director 00:38:42
following a positive written recommendation from TRC. 00:38:49
I'll second that. All right, Commissioner Barron, thanks for seconding. We'll go ahead and call for a vote. We'll start down here. 00:38:58
Commissioner Cunningham, Commissioner Font. 00:39:02
Missionary. 00:39:06
Should be gone. Hi and Commissioner Barrett aye and Chair Roche votes vot. 00:39:08
So with that, it goes forward with a unanimous recommendation. 00:39:12
And thank you to the members of public that participated in that. 00:39:17
We will now move to our second agenda item, which is the approval of minutes. We have two sets of minutes and had a chance to talk 00:39:21
through these in the work meeting and did not find any errors. 00:39:26
So if someone wants to make a motion on the meeting minutes from 1:21, that would be great. 00:39:31
This is Commissioner Prince. I'll make a motion on the minutes from 1:21 that we approve them as existing. 00:39:37
A second Mr. Gon, seconds. All right, and we'll call for an all in favor vote. We can do that, right? 00:39:45
Yep, all in favor say aye aye. Any opposed? 00:39:53
All right. And now we'll move on to the minutes for the February 4th, 2025. Do we have a motion from anyone? 00:39:56
Just a quick question. I wasn't there. 00:40:04
You could make the motion to approve the minutes even if you weren't there for them. 00:40:07
Well. 00:40:10
But if you don't want to, someone else can. 00:40:13
Anyone. This is Commissioner Prince. I will make a motion that we approve the minutes from February 4th. 00:40:16
They have been given to us. All right, give me a second. All right. All in favor. Say aye. 00:40:22
Any opposed? 00:40:29
All right. And both sets of minutes have been approved and that takes us to the conclusion of our meeting this evening. 00:40:31
And with that, I will call to adjourn the meeting. All in favor, Aye, that's unanimous. Have a good night, everyone. 00:40:37
Good night. 00:40:44
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Transcript

Event transcript
OK, well John, you let us know when we're ready to rock'n'roll. 00:00:18
I. 00:00:29
I don't have any. 00:00:34
Dark up here. 00:00:37
Maybe because the sun's not coming through? 00:00:40
Or maybe because you're in the southern hemisphere where the sun is up a lot longer. 00:00:44
When did you get back to? 00:00:50
We got back a week ago. 00:00:52
So you're you're pretty well recovered. 00:00:55
Look at that Friday, You're not sleeping. 00:00:58
It's clear. 00:01:05
It's 7:00 in the morning where you live right now. 00:01:08
I don't know. 00:01:11
Time it is. 00:01:13
All right, we're up. We're going. 00:01:15
OK, well, good afternoon everyone. Welcome to the holiday City Planning Commission work meeting. 00:01:17
Or work session. 00:01:23
We have a public hearing tonight on Charleston Place subdivision and then the approval of Minutes 2, separate approvals for 1/21 00:01:26
and for 2/4. 00:01:31
And with the oh, and we have all commissioners in attendance, legal counsel and city staff. 00:01:36
Less Commissioner Wilshinsky, who was not with us tonight. 00:01:43
And with that, we'll roll into the first item on Charleston Place. And John, if you'll give us a rundown, that would be great. 00:01:47
Sure. Thank you. 00:01:54
Chair Roach, we have before you an application for. 00:01:55
Tula subdivision split. 00:02:00
At this address there was an existing home at 5870 S Highland Drive. 00:02:02
It's located within the Charleston Place subdivision class. 00:02:08
His own Here is our 110. 00:02:12
And they have just over half an acre. 00:02:15
Enough to split. 00:02:17
Plenty of ground to split the light into two. 00:02:18
Umm. If you've driven by the property, you'll notice that it's under construction right now. 00:02:23
Ivory Homes has purchased that lot and in its gross size and issued. We issued the permit based upon its larger size. 00:02:28
In the mean time, they had been working with the HOA. 00:02:36
To negotiate a subdivision plan. 00:02:40
The reason why enjoy is involved is because their CCNR's require. 00:02:43
A minimum lot size of half acre. 00:02:47
So we've gone since I've been here. This lot has been pursued for 1/2 acre or as a lot split because of the R110 zone. 00:02:50
But the HOA has denied every applicant up until now. 00:02:59
So we. 00:03:03
I would expect some residents from the HOA here. 00:03:05
Probably not. 00:03:09
But that's one of the reasons why you see this site under construction right now. 00:03:11
The TRC has gone through and reviewed the platform. 00:03:16
Compliance for the R110 zone, which it does comply. 00:03:19
There will be some off site improvement requirements as. 00:03:22
Sidewalk is existing on the Highland Dr. side, but it doesn't yet wrap around onto the Charleston lane. 00:03:26
Curb, gutter and sidewalk and St. trees will have to be installed along that section. 00:03:33
Now the HOA does have. 00:03:38
Some concern about sidewalk down their St. 00:03:42
They may bring that up in the meeting, they may not. 00:03:47
If they do, I'll defer. 00:03:50
To Brad and how to address HOA and CCNR. 00:03:51
Issues in compliance when it comes into play with city regulations as far as zoning. 00:03:56
The there is an opportunity whenever you have a subdivision or a new home that's been built to. 00:04:03
Request to defer offsite improvements. So where we come? 00:04:10
To a property and have the requirement for sidewalk be installed, they can ask for that installation to a later date, they can. 00:04:15
Pay for those improvements to have the city of seldom at a later date, or they can outlay apply to waive them altogether. 00:04:22
I'm willing to suspect that. 00:04:30
Subdivision or the HOA presidency will probably apply. 00:04:32
Ivory to waive that requirement. 00:04:36
That's yet to be determined. It's not necessarily the purview of the Planning Commission to review that. That goes to Gina. 00:04:39
As far as the waiver is concerned, but. 00:04:46
Those are the type improvements will be required at least. 00:04:49
For this first lot, not necessarily all the way down Charleston Lane. 00:04:52
Does that mean there's there would be a partial sidewalk? Yeah, at least for the house that's been built. 00:04:57
I'm sorry, can you just go? I missed the beginning of the sentence. 00:05:07
Who has denied? 00:05:11
All the subdivisions of our the HOA. 00:05:13
Yeah, no, the Charleston Place HOA. 00:05:16
Has denied Yeah through their CCNR's they have architectural requirements. 00:05:19
Other mandates or codes, one of them being a minimum lot size of half acre. 00:05:24
Yeah, Plant has been prepared in a draft form for the Planning Commission to review. 00:05:30
And the staff has recommended. 00:05:36
Approval of the two lot subdivision for Lot 1A and 1B for Charleston Place amended. 00:05:39
And as the sidewalk, something that should even really be considered in this application. 00:05:48
Because it's off site improvements, it's already. 00:05:54
It's already addressed in the code in different places. That's a requirement. Not necessarily. 00:05:57
So while it might be a talking point, it won't really be a decision after. 00:06:03
So this subdivision should the City Council. 00:06:09
Approve the zoning change. 00:06:13
So that they can get then go through the process to get the subdivision. 00:06:16
Would exist within an HOA that doesn't allow. 00:06:20
Until now. 00:06:26
This size, yeah, let me back up. The zone is in place and has been for quite a while. It's our because as it fronts up on the 00:06:27
island. 00:06:32
It's just 121 or. 00:06:38
121 next to it, then yes, OK, directly next to it. 00:06:41
For the next lot or so, both of these lots are would be within the R110 zone. 00:06:46
The next lot in would be the R121 ethically requirement. 00:06:52
OK. 00:06:56
I think the specifically there's going to be some. 00:06:59
Push and pull from the HOA and the applicant because. 00:07:03
It's always approving. 00:07:06
A subdivision here which can be approved through zoning. 00:07:08
Through the city. 00:07:12
And they are. 00:07:14
Would be a threat to withhold their approval for a subdivision flat through their CCNR's, but that would have to be between the 00:07:16
property owner and the HOA. 00:07:19
Not necessarily Planning Commission. 00:07:23
So we're not really setting the precedent here. 00:07:26
No, it's no the zones in place. 00:07:29
They have plenty of ground and it's just two single family lots. 00:07:34
Yeah, would be fair to say that. 00:07:38
Construction started before the. 00:07:43
To force the issue of. 00:07:47
Foundations are all in. 00:07:48
The other side of the lot is being leveled. 00:07:52
The trees are down every. 00:07:55
Couple of days ago there's that. I would just happen the other day. 00:07:57
They never had approval to do that side. I just talked to that contractor today and let them know that will probably be probably 00:08:02
brought up by the Planning Commission, so I will. 00:08:06
Highly suggest you bring that up. 00:08:10
I couldn't post your master just found that out. 00:08:13
You know, earlier this morning or late yesterday. 00:08:15
Yeah, there's. 00:08:19
The grubbing that had happened. 00:08:21
Months ago. 00:08:24
Was only limited to the building area where the houses everything else because it was still considered in a gross area was off 00:08:25
limits. 00:08:29
That wasn't considered to be developed. 00:08:32
Up until within 247072 hours. So the condition of approval we can say they got to put in twice as many trees to make up for the 00:08:35
mistake. 00:08:39
Find them for as many as they removed. 00:08:44
So at least we'll take care of it through the final enforcement. 00:08:48
Process. 00:08:51
Yeah, their their claim was. 00:08:53
Week they didn't know. 00:08:56
They didn't. Nobody told us not to cut all those trees down. 00:08:59
These construction people. 00:09:03
Yeah. 00:09:08
And is there any? 00:09:11
I mean, I guess it doesn't really matter at all legally pans out, but isn't there like a heavily wooded lot right adjacent to this 00:09:13
that has no structures on it? Like right, just immediately West of it? Yeah, Yeah, there is. 00:09:19
Half of that lot. 00:09:25
Is very avoided, but there's a small house deep in those trees back in there. 00:09:28
Interesting that one was not part of the subject. It's part of the Charleston Place subdivision, but not part of this amendment. 00:09:32
Any other questions on the Charleston Place? 00:09:42
Pretty straightforward. 00:09:47
And then even though we are not making any decisions on them, we can discuss did anyone find anything in the minutes on either 121 00:09:50
or two four that they saw needed adjustment or clarification? 00:09:56
All right. So those should be pretty straightforward when the time comes for emotion on those. 00:10:04
Umm, couple quick talking points while we're still in the work session. 00:10:10
Um, one I guess there is. 00:10:15
Some sort of technical? 00:10:18
Challenge with pausing of the work session broadcast before it becomes the work or the actual meeting. 00:10:20
And so we need to remember that we should. 00:10:28
As part of the public open minutes like mute mics and not talk about any. 00:10:31
Thing Planning Commission related, past or present, where decisions can or have been made. 00:10:36
And reserve that for private conversations, because we don't want to. 00:10:43
Have a bunch of sidebar conversations that might confuse those watching in the interim. 00:10:48
So that that came up because we had a little bit of time in one of the recent meetings and. 00:10:53
I guess there were some comments made that couple eyebrows went up on SO. 00:10:59
Just for future reference. 00:11:05
We'll be on our best behavior as far as that's concerned. 00:11:07
There was also just wanting to float the idea by the Planning Commission. 00:11:11
When we have just single items on the agenda like this. 00:11:15
Where we don't anticipate it's going to take more than. 00:11:21
You know, 20 minutes to actually come in and go through the process. 00:11:24
There's a lot of work for the city, obviously, and then of course it takes time out of everybody else's schedule. 00:11:29
Would the planning commissioners, I'm just putting this out here for discussion, be interested in saying if we have less than one 00:11:35
item on the agenda to table that until a future meeting and that just. 00:11:40
Skipping over that meeting. 00:11:46
You mean one item or less? Yeah, because I don't know how we could have less than. Sorry. Sorry, what item or less? You know what 00:11:48
I'm saying? Yes, expiring any minutes or you know, like an action item, right. Public hearing or action item type stuff. 00:11:55
Yes, I would be interested. 00:12:02
Me too, that's true. 00:12:04
I mean especially with the. 00:12:07
Stuff I'm that makes a lot of sense. Thanks, Commissioner Barrett. Thoughts, I guess. 00:12:09
It's not time sensitive, right? We'll still comply with the, I believe the requirement is what is it 60 days? Is that what? 00:12:14
So as long as we don't have any situation where for whatever reason we didn't have the two meetings prior, I think we'll still be 00:12:22
OK if we just say, hey, you're going to wait till the next meeting for this. 00:12:27
If it's a single applicant, Commissioner Cunningham, any concerns on that, long as there's not a? 00:12:32
Legal reason that we have to. 00:12:37
Consider it within a certain time. 00:12:39
So with that, it sounds like the commissioners are pretty unanimous on feeling good about that approach. Is that something city 00:12:42
staff can address? 00:12:46
And implement on the go forward. 00:12:50
Perfect. All right, so there you all go. We might get a meeting or two out of this, so. 00:12:53
We're out of a couple meetings. 00:12:58
But with that, we're almost to the top of the hour, so once there's any other work session. 00:13:00
Questions, concerns, then we will go ahead and close the work session. 00:13:05
And take a very brief pause until we can officially start at 6:00 PM with our meeting. 00:13:09
Yes. All right. Well, good evening, everyone. Welcome to the. 00:13:23
Holiday City Planning Commission. 00:13:27
March 4th, 2025. 00:13:29
We have all commissioners in attendance except for Commissioner Voltinski and city staff and legal counsel with us this evening. 00:13:32
And we have two items on our agenda. We have a public hearing. 00:13:39
For Charlton's place subdivision and then an action item for an approval of minutes. 00:13:43
And before we start our meetings, we have a opening statement which I've asked Commissioner Font if she would read for us at this 00:13:48
time. 00:13:51
The City of Holiday Planning Commission is a volunteer citizen board whose function is to review land use plans and other special 00:13:55
studies. 00:13:59
Make recommendations to the City Council on proposed zoning map and ordinance changes and approve conditional uses and 00:14:03
subdivisions. 00:14:08
The Planning Commission does not initiate land use applications. 00:14:12
Rather, acts on applications as they are submitted. 00:14:16
Commissioners do not meet with applicants except that publicly noticed meetings. 00:14:20
Commissioners attempt to visit each property on the agenda where the location, the nature of the neighborhood, existing structures 00:14:25
and uses related to the proposed change are noted. 00:14:30
Decisions are based on observations, recommendations from the professional planning staff. 00:14:36
The city's general plan. 00:14:42
Zoning ordinance and other reports by all. Verbal and written comments and by evidence submitted all. 00:14:44
Which are part of the public record. 00:14:50
Thank you very much, Commissioner. And with that, we'll move into our first public hearing item, which is Charleston Place. 00:14:53
And we will ask city staff if they will give us a quick presentation on that before we invite the applicant up. 00:15:01
Right, thanks, Chair John Chairlink, Community Account of Development Director. 00:15:09
Taking over tonight for Kerry Marsh, who prepared the packet and the staff report. 00:15:13
For you tonight. 00:15:18
Application tonight is an administrative request to subdivide land. 00:15:19
.55 acres currently on the corner of Charleston Lane and Highland Drive. 00:15:24
The property is located in the R110 zone. 00:15:29
One acre or one home per 10,000 square foot. 00:15:33
Acre Zone In order to plant new properties, minimum lot size requirements are required to be met which the TRC is able to review 00:15:36
for this property. 00:15:41
Specifically. 00:15:46
An 80 foot width and including in 10,000 square foot lot minimum. 00:15:49
Those basic parameters are met by this application, including. 00:15:54
Utility service availability letters letters that. 00:15:58
Required when? 00:16:02
And your last created for water gas power. 00:16:04
Those types of things that make it to ensure that we want to be served by those. 00:16:07
Life safety utilities. 00:16:11
The application tonight requires a public hearing, so. 00:16:14
Is requested to hold that hearing. 00:16:17
Prior to moderating a discussion about the applicant. 00:16:19
But the TRC can recommend approval of this subdivision. 00:16:22
All right. Thank you very much. Appreciate that. And with that we'll ask for the applicant to represent thereof to. 00:16:27
Come up and add anything to that. 00:16:34
Thank you. My name is Jackson has the line representing ivory. 00:16:41
I repel that we. 00:16:44
Appreciate the city staff don't have much to ask that. 00:16:46
We're now. 00:16:51
We think that the home plans that will have going on here will. 00:16:55
Attitude, neighborhood and obviously the zoning environments and. 00:16:59
Within very nicely with the surrounding so I won't have too much just once. 00:17:05
Review that. 00:17:10
All right. Well, Jackson, first question I have for you is. 00:17:12
Is the little green light on that microphone honors there a button that needs to be pushed? Because I don't think I heard you 00:17:15
through the system. Look at the base of the microphone. 00:17:19
Just in case then we have any other public comment tonight, I want to make sure it gets recorded. 00:17:26
There we go, There we go. All right, let's I think you came loud enough. They should be able to pick it up. But Commissioners, any 00:17:33
questions for the representative for the applicant tonight? 00:17:37
Looks like you're off the hook so let you have a seat and then invite you back up if needed. 00:17:42
All right. And with that, we'll go ahead and open the public hearing. 00:17:48
At this time. 00:17:52
For those who wish to speak on it tonight. 00:17:53
When you come to the podium, we do ask that you. 00:17:55
State your name and address for the record. 00:17:59
And also try and keep your remarks to roughly 3 minutes or less and try not to repeat any remarks that were already made by 00:18:01
someone else. 00:18:05
And with that, we invite you to come up at this time if you have any comment. 00:18:10
Looks like there might be some. 00:18:18
Mulling it over. 00:18:23
OK. We got a tanker. 00:18:25
So in the packet, state your name and address if you would please excuse me, James, never at 1915 Charleston. 00:18:31
And I echo what Jackson said. It's a great city we live in. It's great you guys are serving and helping keep it outlined. 00:18:40
There's a submission that came with the ivory. 00:18:46
Unpack it about a request to allow Ivory to not involve curb, gutter and sidewalk on the South side. 00:18:49
Of lot #1 and simply to preserve the character of the neighborhood, there are other streets in the holiday city area that has. 00:18:57
Same feature and I'm sort of the lead to an architectural committee that's maintained on the street. 00:19:06
And I wrote a piece that's in there that. 00:19:12
Jonathan, submit it. So if you have any questions for me, I'm happy to. 00:19:15
Try to answer those. 00:19:19
OK. The Commissioners, did you have any questions for? 00:19:20
All right. I appreciate that. Thank you very much. 00:19:24
Do we have any other members of the public that wish to make comment tonight? 00:19:29
All right, done once. Twice. 00:19:35
OK. With that, we'll go ahead and close the public hearing then. 00:19:39
And we'll move to Commissioner discussion. We had a chance to kind of go over this in the work meeting. 00:19:43
Commissioners, any questions or discussion? 00:19:49
I had a concern when I drove by about the scope of the work that's already. 00:19:53
Occurred. 00:19:59
And then maybe if he returned to the. 00:20:01
For a minute. 00:20:04
It's really unusual. 00:20:07
To go out to a site and see that the foundations are. 00:20:08
And there, as the HOA and Ivory reached an agreement that would allow. 00:20:12
What you're trying to accomplish? 00:20:19
Without opposition from the HOA. 00:20:21
Yeah. So it's, it's an architectural committee, not HOA necessarily, but yes, we we've been working with them. James and I have 00:20:24
been in communication or. 00:20:28
With a couple of people on our team for. 00:20:32
Close to 9 months now. So yeah, we've been working on an amendment to the CC and ours. 00:20:34
As well as the the proposed site, the homes that will be there that they will approve. 00:20:40
Right now the the building that you've seen is just on. 00:20:46
You know, because that lot hasn't been recorded yet with the county is two different lots I should say hasn't been split. 00:20:49
It's just all taking place still on that that furthest east side, which would be our this proposed lot 1A. 00:20:54
Yes. Otherwise we've been in full communication with the architectural committees. We've gone along as well as the city. 00:21:02
And there's obviously been some landscape changes, particularly with trees on the new part. 00:21:08
What you're asking for? 00:21:15
It seems rather premature. 00:21:16
I'm sure the city has had a chance to identify all the trees that are there you'll have to replace. 00:21:20
Yeah, sorry, I didn't mean to interrupt you. We just got notice from the city today, so we. 00:21:26
Just for context, we submitted a permit for tree removal for that first lot 10 again the eastern half of the the current lot. 00:21:32
And removed the trees according to that permit, stopped at that lot line for the city's permit requirements, or limitations I 00:21:40
should say. 00:21:45
And then? 00:21:50
A little bit of semantics here, but we passed that on to our home construction team who was aware of that permit and the 00:21:51
limitations there. 00:21:55
Just within the literally the last 90 minutes. Was trying to find answers on some of this but sounds like they pulled out what 00:22:00
they thought was considered a Bush that wasn't a tree. A scrub oak tree that are, you know, commonly referred to as a junk tree. 00:22:06
We already have a landscape plan in place for that second lot. We just were submitting that permit application until a lot of them 00:22:12
split and we knew which home was going to be on there. So we completely owned that. It was just wires got crossed between our 00:22:19
development side and our construction side like that's we will do whatever we need to to rectify that. That was just. 00:22:26
An honest mistake that a tree got pulled out that shouldn't have but. 00:22:33
We have a full landscape plan in place already for both sides of that, which will include a full replacement of any tree that we 00:22:37
take plus the additional amount required by the Tree City USA. So we're. 00:22:42
Is there a date which the HOA? 00:22:47
Can finalize. 00:22:50
Their change in their CC and ours. 00:22:52
We don't have a date. 00:22:56
Limitation. 00:22:58
So yeah, we're just trying to do that as soon as we can. And then again, a lot of this is also. 00:23:00
The waiting on the. 00:23:06
The chance to split the lot right so we can record it with the county. 00:23:08
Officially have two different parcels there. 00:23:11
OK. Any other questions for the applicant while we still have them up? 00:23:17
All right, well, on behalf of the tree lovers on the committee Commission, excuse me, we would definitely love to see extra trees 00:23:20
put back to make up for the faux faux pas. Well, I, I said that when we, there's a lot of reasons to love holiday, We know trees 00:23:25
are one of them. I'm a holiday resident myself. So yeah, I was on it. It was again, we own that we made a mistake. We took out a 00:23:29
tree. 00:23:34
That we shouldn't have, but yeah, we absolutely are planning to conform to city code there with all tree replacement. 00:23:39
Thanks. All right. I've got a question and I'm I'm not sure who is best to be quick to answer this. 00:23:44
I'm a little confused about the whole sidewalk. 00:23:52
Yes, we like sidewalks. No, we don't like sidewalks. 00:23:57
Maybe someone can clarify for me why there would not be a sidewalk on part of the property, but yes, a sidewalk on the Highland 00:24:00
Dr. site. 00:24:06
I didn't find the information in the packet to explain that very well, so. 00:24:11
If someone can inform me what's going on there that would be lovely. 00:24:15
Yeah, I'm happy to take a shot at it. James. Let me know if you want to say add anything. But we are the the architectural 00:24:19
committee and the the existing subdivision just does not have any sidewalk, curb or gutter there. 00:24:24
They have a strong desire to maintain kind of the country filled the street. 00:24:30
They think that the sidewalk, curb and gutter goes a long way. We're doing our best to work with them and we, you know, agree 00:24:34
We've applied for a waiver through the city for that sidewalk on that South side of the property. 00:24:39
And that's our hope that that happens just so we can, you know, be in compliance with the with the architectural committee's 00:24:44
wishes and. 00:24:47
What we need there along Highland Dr. that's a, you know, accessibility issue and just the feedback we've gotten from the city is 00:24:50
that's going to be required regardless of. 00:24:54
Happy to obviously comply with that. 00:24:59
OK, so the Highland would get the sidewalk that it has to have? 00:25:02
And again, and then, yeah, anything else would be up to the city and the granting of that waiver. 00:25:07
And is that Weaver part of this application? 00:25:13
I didn't see it in. 00:25:16
And it's separate. 00:25:17
Yeah, whenever you have redevelopment, even if it's not part of the subdivision. 00:25:19
The home is removed, rebuilt. 00:25:24
And that sidewalk is not installed. We go through. 00:25:26
Existing process that the code outlines for the TRC. 00:25:29
Specific steps as to finding out if that sidewalk is required for that location. 00:25:33
And we will follow through the step once the application goes through the process. 00:25:39
One of them 22 primary. 00:25:44
Parameters where sidewalk is usually requirement one if it's on a safe walking route to the public space school library. 00:25:47
City Center. The other is if. 00:25:57
The width of the right of way can accommodate the sidewalk, and if there's an existing sidewalk it needs to connect to. 00:25:59
Those are sort of the two primary checks that TRC has to look at. 00:26:07
To require or not sidewalk or outside improvements like that. 00:26:11
So because Heidel Dr. does have sidewalk on it. 00:26:16
Just by following the district parameter of the guideline. 00:26:19
Connection is required. 00:26:23
But there is specific. 00:26:25
Abilities to wave defer. 00:26:27
Or have a pain in lieu of those improvements by the owner which they can go through later. 00:26:30
OK. But it has no direct impact on this application today? 00:26:36
Right, OK. 00:26:39
Perfect. All right. Well, thank you very much. Appreciate it. 00:26:41
You do sound satisfied, but I thought I. 00:26:45
Just add and. Maybe it's not clear in the write up, but. 00:26:48
The way things have evolved, I think it's worked out well. 00:26:52
On the South side of Charleston. 00:26:55
There are a bunch of townhomes and that's not part of the Charleston subdivision. 00:26:58
About 20 years ago, before a holiday became. 00:27:04
That area became part of Holiday. It was unincorporated Salt Lake County. The developer wanted to move forward. The county said 00:27:07
no, You got to do curb and gutter. 00:27:12
We said, hey, we would like to. 00:27:16
To that and the county, I think that already decided they just listened to us. 00:27:18
There's no question for safety. 00:27:24
On Highland, you've got to have a continuous sidewalk. 00:27:26
We don't test that at all. 00:27:30
As you come off of Highland, you think, well yeah, why don't you just put curb and gutter on both sides of the streets on the 00:27:32
South side? 00:27:35
But the thing that's fortunate is that for it's a dead end St. 00:27:39
And for walking traffic. 00:27:44
You know there's a safety issue more so, right? 00:27:46
There West of Highland for cars coming off into Charleston. 00:27:49
And it's fortunate that South Side has that sidewalk. 00:27:53
And so the pedestrians, the dog walkers, they can just go to that sidewalk. 00:27:57
But then as you get into the street. 00:28:01
It's like Pheasant Lane. 00:28:03
And there are no. 00:28:05
Other places, the sidewalk. 00:28:07
And so it's sort of just continuing that feel all the way up to Iowa on the South side of the lot. 00:28:09
OK. Thank you very much. 00:28:14
Thank you for the additional clarification on that. All right. 00:28:16
Commissioners. 00:28:19
Just one question. Dawn Reese 19/30/2009. 00:28:21
Is this a public comment or? 00:28:25
I'm just a neighbor across the street from where this is taking place, just for the question. 00:28:28
OK, I mean. 00:28:32
What we would have to reopen the public hearing. So let me if commissioners are OK with that. 00:28:34
We'll go ahead and reopen the public hearing and allow you to go ahead and comment that. Just a question. I received this in the 00:28:41
mail. 00:28:44
It said there was going to be a discussion whether to allow for two lots. 00:28:48
Or not for that location. 00:28:51
But as I lived there, I mean, it seems like it's already past that First one is. 00:28:53
Doug is playing with the house in position, right in place for the second home to go in. 00:28:58
I mean, so I was just wondering clarification, was this meeting here to decide? 00:29:03
There was going to be approval for two lots or. 00:29:08
Living right across the street from that I would say looks like that permissions are even given. 00:29:11
Yeah. 00:29:20
So the city's position is the permission has not been given, and that Ivory probably jumped the gun and started doing work on the 00:29:22
project before they had permission. 00:29:27
That's the city's position, and there's been code enforcement action that was noticed. 00:29:31
The city who's been aware of today. 00:29:36
OK, so. 00:29:38
And not that I'm specifically. 00:29:40
I just when I got this in the mail, I thought this looks like it's already been a foregone conclusion because the hole is already 00:29:42
done, the space is for it. 00:29:46
In front of my house basically for the second house but right they. 00:29:50
They proceeded without permission. 00:29:54
And there's nothing chance that somebody would say, well, we don't want it there at this point, is there? Because it's already put 00:29:56
in. 00:29:59
Well, the challenge is that it, for the most part, this meets. 00:30:02
City code, yeah, so. 00:30:06
There's not a. There's not a reason that. 00:30:08
There's not very many reasons the city would say no. 00:30:11
Yeah, but but it is the city's position that I really jumped. I just kind of looked for clarification because it kind of confused 00:30:14
me when I got this in the mail and. 00:30:17
By the steam shovel is already basically digging the holster for places. Yeah thank you, makes sense. 00:30:21
All right. And before I close the public hearing, was there anything else that we've missed? 00:30:26
OK. We'll close the public hearing again. Thank you. 00:30:32
Brad for covering that and commissioners with that. 00:30:36
We will now move to any additional discussion and if there is none then I will happily. 00:30:40
Love to hear someone make a motion on this. 00:30:47
Before we do that, I'm still a little troubled about the sequence here. I know that. 00:30:52
We're not. 00:30:57
To the HOA and architects. 00:30:58
Thing but. 00:31:02
What if? 00:31:04
However, the process goes with the. 00:31:06
HOA to amend their rules that they don't. 00:31:08
So Paul, let's take that offline because I don't think the city, the city is not a party to a CCNR. So I'll be happy to. 00:31:13
Go over that and the other thing we don't want to do is give legal advice. 00:31:21
To anybody in this situation. So I'll be happy to talk with that, talk with you directly about that, what kind of in general what 00:31:25
a process might look like. 00:31:29
But since the city is not involved in the CCNR's, we don't have. 00:31:33
Enforcement mechanism and CCR. 00:31:37
CCNR's and we don't have a dog in the fight kind of thing. 00:31:39
And so we don't consider them at the Planning Commission. 00:31:43
On whether or not that's not something the city considers so. 00:31:47
That makes. I don't know that we need. Do we need any comment from the applicant on that? 00:31:50
Now we're good, we're going to sit you back down. Thank you, though. 00:31:55
All right. Any other questions or discussion points? 00:31:59
OK. 00:32:05
I will admit to having some hesitance to do something that. 00:32:09
Condones bad action by a developer. 00:32:15
I no offense. 00:32:18
Mr. Ivory. 00:32:20
Person but. 00:32:21
This sort of feels like. 00:32:23
Closing the barn door after the heart horses already left. 00:32:25
And. 00:32:29
It really seems like maybe we should have some better compliance. 00:32:32
I'm not sure what we have to do about it, but I'm just not thrilled. I'm going to back things up a little bit. 00:32:38
The house permit was approved for the gross lot size. 00:32:46
Regardless of the subdivision. 00:32:51
I think the comment of whether or not I'm approving a site plan or development before a subdivision plat. 00:32:53
Umm, because the site plan that we reviewed a lot of was approved based upon the goal slot size. 00:33:00
Not based upon a subdivision. They did shift it to one side to ensure if they could get through a subdivision plat that could 00:33:06
occur later. 00:33:09
But as far as preceding or have putting the cart before the horse in the subdivision plat. 00:33:13
I don't necessarily see it that way. 00:33:19
Because we're reviewing the site plan and the development as one entire piece. 00:33:21
They knew and they in their discussion with the HOA. 00:33:27
Through the CCRS that they had plans to make that subdivision. 00:33:31
At a future date. 00:33:35
The lot size that was leftover on the site time that we approved. 00:33:37
Had enough area for that? That's that split to occur. 00:33:41
So yeah, the site plan was approved, the building permit was approved, vulnerable gross area size. 00:33:45
Knowing in the future there could possibly be another subdivision of land of that side yard area sort of in between there. I'm not 00:33:53
sure if it was necessarily. 00:33:57
An order of operation problem. 00:34:02
I can definitely tell that it has been seen, can be seen that way and I knew it was going to come up tonight. 00:34:05
And I was hoping Kerry would address it a little bit in the staff report. 00:34:12
Yeah, I can see where that's coming from. So normal setbacks and. 00:34:16
Space between homes and all that can still be achieved. 00:34:21
If there would have to be. 00:34:26
What you know, which happens to be but. 00:34:29
You didn't think you would have to have a permit to pull trees and? 00:34:31
Sorry that was not shots fired. No I totally understand. I just wanted based on councils comment and the conversation at the 00:34:35
bottom of page one it identifies the all standards and setbacks were met according to the unsubdivided law so to. 00:34:42
Kind of emphasized John's point like we permit wise and plan wise we followed everything according to code for that unsubdivided 00:34:50
lot. We just built it on that east side. If you know we get to the approval to split the lot then we can put another home. But if 00:34:56
not it still is accordance with code with based on the current set facts and standards. Thank you. I appreciate that 00:35:02
clarification. Yeah, but I mean to your credit, yes, that area that wasn't. 00:35:08
Approved for grubbing and tree removal. 00:35:15
The far western end, yes. 00:35:17
Now let's see that's that's the only thing that. 00:35:20
Exceeded their approvals. Somebody's hand should get slapped so they do have a building permit for the existing home. 00:35:23
Or the house that's under construction and there's no building permit for the second, The second not yet 'cause it hasn't. This 00:35:29
has to happen. 00:35:33
Right, so. 00:35:38
And they haven't dugout a hole for that foundation or anything, they just scraped the lot. Is that right on the West side of it? 00:35:39
I didn't drive by but that's my understanding. 00:35:46
OK, fair enough. Well, that's, that's fun. All right. 00:35:50
So, Commissioners, any other questions, thoughts or discussion? 00:35:59
I will just point out that in the packet does say. 00:36:04
It will also comply with set back requirements should the subdivision. 00:36:07
Create the new lot. So it's the setbacks are fine either way. Yes, I think that we're sort of the back door to get around that. 00:36:11
That would be problematic, but. 00:36:15
But it feels like. 00:36:20
There, there aren't a lot. There don't seem to be a lot of reasons to deny a subdivision and. 00:36:23
It would have worked both ways, so. 00:36:29
OK, All right, perfect. 00:36:32
Does anyone have? 00:36:35
The readiness to throw emotion out there for us tonight. 00:36:37
Have the motion up. 00:36:41
We didn't. We didn't get our papers. 00:36:45
We pull the motion up, John. 00:36:48
We could wing it, but if you want us to do the whole legal. 00:36:51
He's like to do it right. 00:36:55
Is that what you're looking for? 00:37:01
Yeah. 00:37:04
OK, I'll make it. All right, Commissioner Ford, go ahead. 00:37:11
I motion. 00:37:16
Microphone. 00:37:19
A motion to approve the preliminary plat application by Jason Haslam for Charleston Place. 00:37:23
An amendment to an existing subdivision to create an additional lot from one existing lot. 00:37:31
Located at 5870 S Highland Drive in the R110 zone. 00:37:36
Based upon the findings. 00:37:42
Oops. Back me up Charlie. Thanks. 00:37:44
One development details required for preliminary and final plat have been submitted and reviewed by the TRC to each of the lots. 00:37:51
Comply with the minimum width and area for single family home development in the R110 zone. 00:37:58
Three, the required submittals for preliminary subdivision development have been provided where applicable and have been found to 00:38:06
be complete and acceptable. 00:38:11
For fire access is existing and approved by the USA. 00:38:15
And five public roads and utility easements are shown on the plat. 00:38:21
All right, we have a motion. Do we have a second? 00:38:27
We need that following. 00:38:30
Oh. 00:38:35
Also within one year and in accordance with 13. 00:38:38
.10 A .070 E. To complete administrative review and approval of the final plat by the Community and Economic Development Director 00:38:42
following a positive written recommendation from TRC. 00:38:49
I'll second that. All right, Commissioner Barron, thanks for seconding. We'll go ahead and call for a vote. We'll start down here. 00:38:58
Commissioner Cunningham, Commissioner Font. 00:39:02
Missionary. 00:39:06
Should be gone. Hi and Commissioner Barrett aye and Chair Roche votes vot. 00:39:08
So with that, it goes forward with a unanimous recommendation. 00:39:12
And thank you to the members of public that participated in that. 00:39:17
We will now move to our second agenda item, which is the approval of minutes. We have two sets of minutes and had a chance to talk 00:39:21
through these in the work meeting and did not find any errors. 00:39:26
So if someone wants to make a motion on the meeting minutes from 1:21, that would be great. 00:39:31
This is Commissioner Prince. I'll make a motion on the minutes from 1:21 that we approve them as existing. 00:39:37
A second Mr. Gon, seconds. All right, and we'll call for an all in favor vote. We can do that, right? 00:39:45
Yep, all in favor say aye aye. Any opposed? 00:39:53
All right. And now we'll move on to the minutes for the February 4th, 2025. Do we have a motion from anyone? 00:39:56
Just a quick question. I wasn't there. 00:40:04
You could make the motion to approve the minutes even if you weren't there for them. 00:40:07
Well. 00:40:10
But if you don't want to, someone else can. 00:40:13
Anyone. This is Commissioner Prince. I will make a motion that we approve the minutes from February 4th. 00:40:16
They have been given to us. All right, give me a second. All right. All in favor. Say aye. 00:40:22
Any opposed? 00:40:29
All right. And both sets of minutes have been approved and that takes us to the conclusion of our meeting this evening. 00:40:31
And with that, I will call to adjourn the meeting. All in favor, Aye, that's unanimous. Have a good night, everyone. 00:40:37
Good night. 00:40:44