Start Position
INVOCATION/INSPIRATIONAL THOUGHTS/PLEDGE OFALLEGIANCE Bryce Brady offered an invocation and led the pledge of allegiance.
OPEN SESSION -1    Commissioner Bryce Brady allowed for public comments. Resident Daria Evans referred to Page of the agenda packet CH6 – Consultant & RDA for Multi-family and requested clarification on the work session (i.e., Itemof the agenda). Commissioner Brady responded to have all other concerns addressed appropriately during the time of the agenda item discussion.
Minutes Approval –1    October232    October,233    November23 – Commissioner Tay Gudmundson’s last name is misspelled throughout the minutes. “Gudmundson” has been requested to be corrected.  -4    November,23 Motion – Commissioner Tay Gudmundson made a motion to approve the minutes with the proposed condition to correct the misspelling of “Gudmundson” throughout the November23, draft minutes. Motion Seconded by – Commissioner Chris Bramwell.  
BUSINESS ITEMS1    Appoint a Planning Commission Chair and Vice Chair Planner Cache Hancey highlighted the duties and responsibilities of the Chairperson of the Planning Commission, including their new role as a member of the DRC. Discussion ensued among commissioners as they nominated the Chair and Vice Chair. Commissioners requested staff to update the website to show the status members (i.e., regular or alternates). Motion – Commissioner Chris Bramwell proposed a motion to appoint Commissioner Tay Gudmundson as Chair and Commissioner Bryce Brady as Vice-chair of the Planning Commission. Motion Seconded by Commissioner Nathan Steele
WORKSESSION5.1    Moderate Income Housing – General PlanPlanner Cache Hancey presented an update on the Moderate-Income Housing Report. He led a discussion reviewing current strategies and gather feedback on changes that need to be made to the General Plan relating to moderate-income housing. The Strategies include: Impact fees, adopt a station area plan (process ongoing), zone or rezone for higher density, create or allow for, and reduce regulations related to internal or detached accessory dwelling units in residential zones, amend land use regulations to eliminate or reduce parking requirements for residential developments and create a housing and transit reinvestment zone (HTRZ).Discussion ensued about the strategies presented. The Planning Commission was not required to take any formal action. 
TRAINING SESSION6.1    Training on Open and Meetings Act and Code EnforcementCity Attorney Jayme Blakesly provided training for the Planning Commissions on Utah open and public meetings and code enforcement. The training on open and public meeting act is a requirement for all commissioners. Jayme explained what the public entails all the rules, violations, and requirements for all public meetings and how it relates to the Planning Commission.
Planning Commissioners were trained on the Land Use Development and Management Act (LUDMA) and how it relates to the Planning Commission and its operations. City Attorney, Jayme Blakesly further explained how the LUDMA also affects Code enforcement. Constitutional challenges were also explained during the presentation. Challenges to legislation and administrative actions were discussed for efficiency.
Code Enforcement training and discussions.The PC does not play an active role in Code Enforcement. The PC can only be involved under special conditions such as Criminal, Civil abatement, Nuisance abatement, and violation.Discussions ensued about the possible ways of enforcing the landscaping for private property, now that SB174 has been enacted.
COMMISSION MEMBERS’ REPORTS AND EX PARTE DISCUSSIONDISCLOSURE7.1    Planner Cache Hancey reported on the Bronze level designation award from the League of American Bicyclists.7.2    Community Development Director, Morgan Brim shared updates to schedule and incoming conferences and agenda items for the next planning commission meeting.•         The City Council has expressed interest in scheduling a special session meeting on Februaryst. This means the regularly scheduled planning commission meeting will be canceled on that day to accommodate the City Council special session meeting.•         Vineyard Beach update presentation by Planner Anthony Fletcher– Marchh Planning Commission•         Announcement of conferences Planning Commissioners could participate in;•         APA conference in Cedar City registration is ongoing for the event in May. •         Connected Community Summit
ADJOURNMENT Commissioner Bryce Brady adjourned the meeting at06 pm.   MINUTES APPROVED ON: March24,     CERTIFIED BY:   /s/ Anthony Fletcher                                                                    Anthony Fletcher, Planner
I'm looking at the minutes and it's February 7th, 2024. I was like whoa. 00:00:00
Yeah, that's funny. OK, alright, we'll move right into it. I will give our indication and then a Pledge of Allegiance. 00:00:08
Dearly father, we're thankful that we could be here today to discuss, uh, future of the city and, uh, please bless us that we'll 00:00:17
be inspired as to the things that we need to do. Help us to make good decisions that will, uh, have a good impact on the citizens 00:00:22
of the community here. Help us to, uh, know what that would help us do is update. And we say these things in the name of Jesus 00:00:27
Christ, Amen. All right. 00:00:32
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, 00:00:41
indivisible, with liberty and justice for all. 00:00:47
All right, we'll move right into an open session. Anybody has any comments? Daria, got anything All right. 00:00:56
Good evening. My name is Daria Evans. I've been your resident. I have been looking over the agenda for tonight and under the page 00:01:11
16 of the 19 pages and the section commented chapter 6. I don't know what under that means, but. 00:01:21
Talks about having a consultant and I'd like to know who that consultant is. And then it talks about the RDA providing funding for 00:01:31
the construction of a parking structure. 00:01:37
To serve the multifamily unit by the end of 2028. So does that mean that these homes will be already built out way before 2028 or 00:01:43
do they have until 2028 to build the parking structures for these homes? So sorry, Daria, if you don't mind, uh, when we get into 00:01:50
the work session, umm, I'll, I'll have you come back up and, and ask these questions just so that we can, we can all do it all at 00:01:57
once instead of splitting it up. Do you have any other comments besides? 00:02:05
On the 5.1. 00:02:13
No, I just had another question about different Cox. OK, Yeah, OK. Thanks, Ariana. Kayden, you got anything? OK, alright. 00:02:16
OK. Uh, we'll move right into, uh, minutes for approval. So I have a motion on that. 00:02:27
I have one correction and then last name was misspelled in the November 1st. 00:02:34
No minutes so that can be corrected. Other than that, just removing the N extra N. 00:02:42
I'm trying to remember. Hold on. 00:02:51
Yeah, I, I, I can. We'll go through and make that a bit. 00:02:56
Sorry, yeah, just to put your end and it was, it was throughout. So that's OK. 00:03:00
OK. Uh, driving motion then. 00:03:08
Uh, I missed to approve the minutes. 00:03:13
With the state of changes, I have a second. 00:03:16
Thank you. Thanks, Chris. All in favor Aye aye all right, we'll move into business Item 4.1 uh, appointing a Planning Commission 00:03:21
share and vice chair. Always put this off a few Times Now. 00:03:26
According to our bylaws, I cannot. 00:03:34
Definitely yeah umm so the way this works for you guys at a new and doing this umm you would make a motion saying that you. 00:03:39
Uh, what's the word nominate? I know I would like to nominate X person to be the chair and someone would second that. And I don't 00:03:51
I think for the nomination, you can just make a nomination, but then when you vote on it, you would am I right amount or would you 00:03:58
make a no problem? I just because I think anyone can nominate and then we can decide about. 00:04:05
On the Thursdays after Planning Commission at uh, is it 9 or 10 at 9:00 AM here at City Hall? Is there something that the, uh, 00:04:42
vice chair can go to? Yeah. It's like it's their designee, so somebody. 00:04:50
OK. And if the designee is that specified as a member of the Commission, yes. 00:05:01
Making sure we're talking some weird scenario. So, and, and the, the main, really the only thing you're voting on in the DRC is 00:05:07
the approval final plat that's now done through the DRC. Umm, but you still get to take part in kind of the discussions that we 00:05:13
have more in depth, uh, conversations regarding, umm, different planning projects like site plan applications and stuff. Before 00:05:19
they get to Planning Commission, they go through the DRC. How often is that meeting? 00:05:25
So it's it's the 1st and 3rd Thursday of the month at 9:00 AM at City Hall. It is also a post meeting for anybody from public is 00:05:31
welcome to come to it. 00:05:36
I can't even do that. Do we have discussion? Yes, yeah, Yeah, I have discussion that Hey, you have been interested in being chair 00:05:44
before, correct? I'm still willing. I would need a. 00:05:49
If I share she was available, my work is very very busy. 00:05:55
I can make time. 00:06:01
But it can also be impossible to make time. And we can also, umm and correct me if I'm I'm wrong, umm, but we and we could do 00:06:04
remote too. So if, if it's hard to leave work and you have an hour, then we would be able to to type in that way. It's just a 00:06:12
small business MSP. So OK. Also, who are the current sitting members on the Commission? So you have umm, department heads. I mean, 00:06:19
right now I don't know. I don't know. 00:06:27
Yeah, I think all five of you, are you all regular members? I'm pretty sure. Are we I if that I don't think we are, unless I don't 00:06:34
know if we received clarification on Bradley. Bag was a sitting member of Kaden was umm. The motion to appoint them was rather 00:06:41
vague. 00:06:47
Yeah. So, yeah. 00:06:55
I haven't heard anywhere didn't select from the group that is. 00:07:01
OK, OK. And then alternate can't make a recommendation. 00:07:07
Alright, to the Commission, the nomination, I guess not a recommendation. You can't make a nomination. 00:07:12
OK. 00:07:18
Just to umm. 00:07:20
Clarify the the the members. We have it all online right now. We have the main members being Bryce, umm, Chris Brumwell, Nathan 00:07:22
Steele and. 00:07:27
So we have four of those and we have 3 alternates and that would be great in Steve and Bradley. 00:07:35
So we have that differentiated on the I like I said, I think we need to get some clarification. Umm, that was just might not be 00:07:42
accurate. We just don't know right now. 00:07:46
I would nominate, uh, say, Edmondson as chair. 00:07:54
That being said, is there someone? 00:08:02
Who has availability at 9:00 AM on Thursdays that can make the meetings if K is unavailable? 00:08:05
I could do remote. I would never be able to be in person, but I could likely arrange my schedule to join remotely at any meeting 00:08:15
that's needed. But I if somebody else could be vice chair, that's totally fine. 00:08:23
Yeah, I, I think you'll want somebody that can be there in person more often than not and have reserved remotes, kind of a yeah, 00:08:32
I, I could always be there remote, but in person it would be tough. I, I can be there all the time. 00:08:40
My last year the, the other thing I should mention, the chair, we do, uh, the, the council meetings, they do have a report just on 00:08:50
what happened at the Planning Commission previously. So that is another kind of requirement of the chair or the vice chair if they 00:08:56
are asked to fill in. Does this report typically given more at the beginning or the year? 00:09:03
At the beginning. At the beginning. 00:09:10
Yes. Can Bryce be vice chair? You can't be charged. I can be vice chair, I can't be chair again. OK, which it's all the same to 00:09:14
me. I would also nominate races vice chairman. I have a just a quick question, Brian, Is this two years in a row that that you've 00:09:21
been I was chairman for two years in a row. Yeah. I think in a bylaws it's stated there's like a two year limit. Yeah, yeah, but I 00:09:29
mean they're your bylaws. 00:09:36
I I don't know if bylaws have to go through, would that include they'll need, they'll need the following that would not include 00:09:43
vice chair. So I think as I understand that the motion on the floor is that today's service chair? You service vice chair. Yeah, 00:09:48
OK, I'm sorry about that. 00:09:53
This is the nomination of formal motion. Second. There you go. OK. Yeah, we will second it. OK. All in favor. Aye. Is this roll 00:09:59
call kind of thing? No. All right, we're done. Congratulations. 00:10:06
OK. Moving into work session 5.1 moderate income, housing, general plan cash. 00:10:14
Presentation right now we'll make this umm, fairly quick uh, we just wanted to give you guys a brief update on. 00:10:22
Our moderate income housing report, umm, this is something that we are required to umm, submit to the Department of Workforce 00:10:30
housing each year. Umm, because we have a city of over 5000 people. Umm, and then we have an additional requirement because we 00:10:37
have a fixed rail station. Umm, and so just a little background on this. I think I kind of went over that first point already. 00:10:44
Umm, we submitted 6 strategies this last year and we only had a requirement of five. So we're, we're doing well there. Umm, So I 00:10:54
just wanted to briefly go over the different strategies to let you guys know of what we are, umm, aiming for with the, the 00:11:00
moderate income having planned and, and maybe answering questions that I heard earlier. Umm, So I can quickly go over each one of 00:11:06
these strategies. The first one is dealing with impact fees. Just remove reduced waiver, eliminate impact fees. Umm, and how we 00:11:11
are, are. 00:11:17
Accomplishing this is we are funding some master plan studies for our utilities and that will help guide us in these decisions 00:11:23
later on of how we can reduce these impact fees UMM to help UMM provide a easier path to moderate income housing. The second 00:11:30
strategy is to adopt A stationary plan. So we chose in the first quarter of 2023. Saki is a consultant UMM with the the aid of MAG 00:11:37
Mountain Association government. 00:11:43
Umm, to help design our stationary plan. So that's an ongoing, umm, since then. 00:11:51
Umm, we are hoping to have that adopted UMM sometime in 2024. This says early 2024, but my guess it will be close for the summer. 00:11:57
UMM, we're still working on quite a few things with that project and it'll come to the Planning Commission for approval I believe, 00:12:02
right? 00:12:07
73, uh, for recommendation, correct, umm, strategy three is to zone a rezone for higher density for moderate income residential, 00:12:14
umm, development and commercial zones near major transit investment corridors. It is a bit longer. That's why the doctor there, if 00:12:22
you want to go back to send the staff report each one of these. Umm, and then I just said, we've been working with Flagborough. 00:12:29
We've uh, processed 5 pipeline applications and two flats to allow for the construction of up to 871. 00:12:36
In the downtown UMM strategy 4, this is create or allow for and reduce regulations related to internal or detached accessory blown 00:12:44
units and residential zones. And this in 2023 the City Council uh voted in favor of allowing detached Adus. So just allowing 00:12:51
another type of Adu umm as that was not an allowed use before. 00:12:59
The 5th strategy is, uh, and then land use regulations to eliminate or reduce parking requirements for residential development, 00:13:08
umm, where a resident is less likely to rely on a resident owner's vehicle. Umm, And so this one we, uh, entered into a contract 00:13:14
with Ave. consultant. I think that's, sorry, I had that question out here, umm, to perform this parking study. So far we're in the 00:13:20
data collection phase. Umm, we're nearing towards the recommendation phase. So throughout the last few months, Ave. consultants 00:13:26
have been. 00:13:32
Driving around the city, collecting data on parking. Umm, they're usually out there like one or two AM discounting cars, umm, just 00:13:38
to provide us insight on where we have parking issues, umm, areas that may not have parking issues that we think there are some 00:13:44
and whatnot. Anyways, they'll provide us with kind of these third party recommendations that we can look at implementing into our, 00:13:50
our codes for parking. Umm, and then the last strategy, strategy 6 is create a housing and trans reinvestment zone. And so this 00:13:56
one. 00:14:02
We did receive the HDRZ zoning designation, umm, and then the RDA board was assigned to administer the HRG funds and operate as 00:14:08
the HCRG board. So ongoing, umm, each year we have to keep working on each one of these strategies. It's not like you can check it 00:14:16
off and say we're done. Umm, we do have to continually show progress. And if we don't, then they deny our, our moderate income 00:14:23
housing, umm, report. And when they do that, it's uh. 00:14:30
I don't know exactly everything that happens, but it has to do with priority funding for transportation. There might be more 00:14:38
consequences besides that. Umm, but so far we've, we've done well each year and, and getting this through Umm, But if you guys 00:14:43
have any questions about any of these strategies or at the end of my staff report, I showed all of the different strategies that 00:14:49
the state allows us to select to you. And so we could, umm throughout this year, work on changing some of these strategies to 00:14:55
implement different umm, ideas. 00:15:00
That that the state has allowed. But we do have to stick to that one. 00:15:06
Yeah, sure I can. I do have them on, on that strategy for, for the downtown 800 something using those are moderate income housing 00:15:11
units. So it the, the the strategy also says is for higher density or moderate income residential. Umm, so they don't have to be 00:15:18
like income restricted. It's just saying moderate income or higher density. And the, the state was fine with our umm 00:15:25
interpretation. 00:15:32
With that, OK. 00:15:40
Just to add something through the HTRZ zone, UMM, it does require 11.2%. That was our approval UMM to be designated UMM within the 00:15:43
80th percentile UMM for AMI. And so umm and that's, that would be within 1/2 mile. The unit's located within 1/2 mile UMM. And so 00:15:51
we'll, we'll, we'll be tracking those and I believe. 00:15:59
That comes into effect when they go for financing, for for for like vertical development. 00:16:08
So we we can get more information as far as like when they'll get that designated. I think that that'd be helpful for us to start 00:16:14
start tracking those as well. 00:16:18
Yeah. 00:16:24
Yeah, out of these lists, we did choose, uh, different strategies that we felt felt within our general plan. Umm, there's, there's 00:16:28
some of these like, uh, let's see the, a lot of these have to do with like redevelopment of, of umm, uninhabitable housing stock, 00:16:35
right? We don't really have that problem here in Vineyard yet. Umm, there's different strategies such as, uh, allowing single room 00:16:42
occupancy development. Umm, we, we just felt that the, the six that we. 00:16:49
That within our general plan a little bit better, umm, and allowed us to, to work on policy to implement umm, such as I, I 00:16:56
presented earlier, I'd say on the single room occupancy. That was one that I believe we umm, we had a discussion on when we did 00:17:03
the initial amendment and there, there seem to be some re reluctance on that one. So that was, that was one that we dropped. So my 00:17:10
understanding is that we can either pick another strategy. 00:17:17
Umm, we, we, we can replace one if we want, or we can find ways to continue to implement, correct the, the existing strategies 00:17:25
that we have adopted. Yeah. And, and the state will push back on us if we say we're continuing to do this, you know, master plan 00:17:30
study on our utilities. They're gonna say that's not good enough. You need to show actual progress. And they'll just say you 00:17:36
cannot use the strategy going forward. 00:17:42
And that that happened to us the last year we had one of those strategies that we said we're still working on this and they said 00:17:48
no, you're not. 00:17:51
OK. 00:17:55
Yeah, I think, umm, keep the current strategies in place and the mistake comes forward. Kind of look at some other ones. I think 00:17:59
the single room occupancy thing was one that we agreed as the Planning Commission could we would be workable for us. I think it 00:18:06
uh, got knocked down. No, it was here that we decided to change that. Uh, I think there are some other ones that we could. 00:18:14
Replace if, if we have an issue, do you guys foresee us having an issue with that? What, what we could do? Umm, and casually 00:18:23
waiving us, but, but let me know what you think on this. Umm, taking these and then what we wanted to do is just kind of get us in 00:18:29
front of you. Umm, instead of like a, a lot of times we get busy and then it's like until the last minute where we start we're 00:18:35
like, Oh yeah. So if we require some general plan amendments, we wanna have the work sessions and be able to come over to the 00:18:40
process. 00:18:46
That there are. 00:18:52
Sorry, there are a few that I could see us having issues in the future such as create a housing and transit and investment zone. 00:18:53
Umm, we've created that. So the, you know, the, the policy here isn't implemented or you know, expand on that. So we might have 00:18:59
issues with that one going forward as well as the development adopted stationary plan this year we will adopt it, but going 00:19:05
forward after that, we might have to pick a new strategy because it has been adopted. 00:19:12
Umm, we do have things like the the reduction of impact fees. So yeah, that that's the one that we they said we were OK, but that 00:19:19
so, so, so that's one if we use show in the master plan that we would be analyzing. 00:19:25
Correct that that that would qualify and and there's other ones like this one that we could pick up like strategy R, which is 00:19:32
eliminate impact fees for such a growing units that are not internal. So that's something that that our impact fee study could 00:19:38
also hopefully, umm, guide us in umm, that wouldn't be too hard to implement. And then J uh, along with that, where maybe you 00:19:44
allow a 5% increase in FAR, you know, just a very simple standards like that would be really easy to do accompanied with the 00:19:50
impact. Yeah, then you knock out. 00:19:56
That's really one action That's kind of, I'm sorry. So I, I think what we could do is a, a next step is, umm, when we come back, 00:20:02
have some, some suggestions of, of kind of like the, the next step. And then once we see alignment from the Commission on what 00:20:09
those next steps could be, then we would do a general fundamental and place those next steps in the general plan. So I would 00:20:15
anticipate every year when you, and it is a little confusing. The reporting period is August to August. 00:20:22
Umm, And so we do have to make those changes before August if we want to show that we're making progress on any of these. Umm, And 00:20:29
then, yeah, I think the report is due by the end of. 00:20:34
Was it November? Yeah, it's like October. But they do give us until I think February, a date in February to fix any issues that we 00:20:41
may have had. So like I said, we got approval back in January. In the past, our report was approved really easily. Umm, now 00:20:46
though, from what we've heard is that, umm, based on stage, one wants to make a statement. They want city tickets really serious. 00:20:52
So they essentially denied a lot of people's applications. So they, they, they denied our first attempt and we had to go back 00:20:58
through and justify each of those. 00:21:04
Different things within those six, uh, like you're talking about how we accomplished. I can't remember which one you said TRZ 00:21:40
designation. Yeah. So we accomplished that. So we just continue doing this until we've accomplished everything on the list, even 00:21:47
though we don't want a handful of things that are on the list or, and, and if that's the case, like how long are we gonna continue 00:21:53
with this, uh, for the umm. 00:21:59
Benefits that we're getting from it, Are we trying to hurry and use those benefits now? 00:22:06
Or how, how, how are we going about this? I'm kind of curious if we get priority transportation. Fine, right. That's, that's my 00:22:11
understanding. So that's what you preserve. Yeah, you basically lose the ability to get to be in line for those discretionary 00:22:17
resources. 00:22:23
Umm, but your question is a good one. This, this is a, it's a state mandate. You know, we comply in that way. Vineyards in a 00:22:31
better position than just about every other city in the state because it has a good mix of housing. And the unfortunate thing is 00:22:39
this is written mostly for cities, not like vineyards, and you don't get credit for things you've already done. 00:22:47
Yeah, so it seems you end up on some of these, umm, establishing new goals, you know, establishing new priorities. And then I 00:22:56
think when we communicate it to the state, you have to make a big deal of look at all we've already done and are already doing. 00:23:02
Yeah, you know, when you get them approved. But you're you're report and the things that that you're doing as a city, I think it's 00:23:08
better than what you're going to find in just about every other city in the state. And I would have that too, because we see 00:23:14
amounts every year. 00:23:20
That if they're seeing a lot of those items being checked out by other cities, then they probably would have more. Yeah, find 00:23:26
other things to add. They they kinda, it kinda incentivizes cities to slow down and be like, yeah, we're doing a little bit right 00:23:33
now and then the next year do a little bit more instead of just like one acre a year doing it. Yeah, anyway. 00:23:39
That's how safe stuff is. OK, uh, sorry, did you have any other questions? You want us to? Cool, Thank you. 00:23:48
Thank you. 00:24:04
Thank you for answering my questions so far. I do have a couple more umm. 00:24:09
That's Section J that you had up on the 1st. It said zoning incentives. What kind of zoning incentives are we considering? 00:24:16
And then also, you know, Governor Cox has mentioned about the first time buyers with the $20,000 incentive. 00:24:26
Where, where in this plan are we going to be able to have those types of homes available? OK, so I, I can answer the J1 real 00:24:36
quick. Alright, that's not on the city's current plans for uh, we can pick out of a through, uh, X on which ones we want to do. 00:24:44
And in the ones you saw in yellow highlighted, those are the ones that cities. 00:24:52
Decided to move forward on that. We're gonna push on because you need to pick six of them. Uh, and so Jay currently is not one 00:25:01
that the city is considering, uh, having in our general time. 00:25:06
Without that, and I could refer to like, umm, if you add moderate income housing, we, we could reduce setbacks, we could increase 00:25:13
heights, Umm, you know, decrease landscaping, like, like things that developer would want to incentivize them to do it. Umm, add 00:25:18
more density. Umm, so there's, there's, there's things like that so that that could be a potential in the future because that's 00:25:24
what we have control over. 00:25:30
Mm-hmm. OK. And then, umm, yeah, just about, you know, what about the first time buyers? 00:25:37
Plan that governor causes. 00:25:43
Yeah, saving, you know, umm, where where are these type of homes going to be located in this HRTZ or are they going to be located 00:25:45
in this HRTZ? They they would not be located in OK necessarily in HDRV is going to be right next to the transit center. It's going 00:25:53
to be a lot more high density than I, I believe the, the program you're talking about would require. 00:26:01
OK. Do we have any idea where those type of homes would be going because that's kind of a mandate, isn't it? 00:26:11
It's not a mandate and and there frankly is not much of A municipal role in, in rolling that out. I it's handled through the state 00:26:17
and it's a, it's a direct incentive to the home buyer. It would have to be new construction. It would not be existing stock. And 00:26:24
then it's homes under a certain value and then people who qualify under a certain income and then I think they have a pot of money 00:26:30
and once it expires every year it's done. 00:26:37
So, so we don't have to worry about, no, the city doesn't play a role in administering that. It would. 00:26:45
I it's eligible to be used anywhere by anybody that that fits the criteria and the home they're buying fits the criteria. I think 00:26:51
where it may not apply to the HTRZ is that it's I believe for townhomes and single family homes. Not it's not for yes and for 00:27:00
purchase. It's not for umm multi family housing or for for rent housing. 00:27:08
There is in the HTRZ Morgan mentioned an allotment of units that will be available on. 00:27:17
Umm, I forget what percentage you said of AMI, but it's 80%, Yeah. So you would look at the. 00:27:25
The income and then the ratio of what the median income is relative to housing and then they have to set it at 80% roughly of 00:27:33
that, but that's different than the state per room. OK. All right. Well, thank you very much. Thanks, Maria. Thank you. 00:27:41
Thanks, Amy. 00:27:49
Alright, alright. Any other questions? 00:27:51
Comments. 00:27:55
OK. If not, we'll move into the training session. 00:27:57
Alright, Jamie Blakesley is doing a training session for us on Open Media Back End Enforcement. 00:28:02
That's why you all came, right? Yes, All right. 00:28:12
Actually, I've got this all right. 00:28:55
Maybe. Yeah, well, I already have it. I. 00:28:58
I thought I could do that. 00:29:03
OK, good. 00:29:06
All right, it's good to be with you today. I'm Jamie Blakely, the city attorney for those account number. Umm, we'll, we'll fly 00:29:15
through this at whatever pace is relevant to you. And my preference is interrupt me and ask questions. Let's have it be a dialogue 00:29:20
and I'll just be running through slides. So I've prepared materials, but if you want to depart from that and talk about different 00:29:25
things. 00:29:30
Umm, we certainly can do that. You're required every year to do open a Public Meetings Act training and for the first portion of 00:29:35
that is Open and Public Meetings Act. That's a repeat for many of you, so. 00:29:40
I'm gonna go through this pretty quick on Open and Public Meetings Act, but your you are a public body and as such you're required 00:29:46
to conduct your deliberations openly. That means any time you have a quorum present, it's a quote meeting. And when you hold a 00:29:53
meeting, they have to be open to the public and open to the public has. 00:30:01
Some requirements that come with it. You have to publish an agenda that has 24 hours notice. Your agenda has to reasonably specify 00:30:09
the topics that you'll take action on, and then you cannot act on anything unless it is. 00:30:16
In that notice. 00:30:25
Uh, electronic meetings are allowed. There's a policy in vineyards that allows for electronic meetings. You do have to have an 00:30:32
anchor location where people can attend. Typically you want the chair of the meeting in that anchor location, but you can't attend 00:30:38
and participate remotely. You are required to keep minutes of your meetings and a recording of the meetings. The recording has to 00:30:45
be available within three business days of the meeting and then the minutes can be available at a later point. 00:30:51
Recordings are permanently retained by the city and available to anybody that wants them. 00:30:58
These are the things that need to be. 00:31:06
In your written minutes and on minutes, there's not a requirement that they'd be prepared within a certain amount of time, but 00:31:09
once they're approved then they have to be posted to the official record and be part of the record of the meeting. 00:31:16
You cannot act on an ordinance or a resolution unless it was adopted in a meeting held for some of the Utah and Public Meetings 00:31:25
Act. 00:31:30
Most ordinances and resolutions don't require a hearing. There are some exceptions and you'll see the four point down on that list 00:31:36
applies to just about everything you do as a Planning Commission. Anytime you're considering a land use regulation, then there's a 00:31:42
hearing requirement. Typically that hearing occurs. 00:31:48
Before the Planning Commission, you are allowed to hold closed meetings in certain circumstances. That's very rare with Planning 00:31:55
Commission meetings. It can come up on the list of purposes for which you can go to a closed meeting. The ones that most often 00:32:03
come up before the Planning Commission would be the UMM strategy session about the purchase or sale of real property. 00:32:11
Uh, I don't know of anything before you right now that would require that, but it it, it could occur. 00:32:21
Many of the other things that would be for a closed session, litigation, personnel decisions, those kinds of things are not within 00:32:25
the purview of a Planning Commission, really don't come up in the seven years I've been on Planning Commission. There's another 00:32:30
benefit, no. 00:32:35
Yeah, we, we won't do a lot on that. You keep a record for certain close meetings. For others, you're allowed not to keep a record 00:32:41
of what's discussed. You can hold emergency meetings. Again, I don't know if that's happening with Planning Commission or Planning 00:32:48
Commission type of decisions. You're also allowed to hold special meetings. Special meetings do happen from time to time, 00:32:54
especially if you have applications that have. 00:33:00
A short time frame for turn around and you need something that's not on your regular schedule. 00:33:08
You're allowed to hold a special meeting. There's a difference between a special meeting and an emergency meeting. 00:33:12
But you can't do that, uh, things to be aware of the act does not apply if you have a chance gathering or a social gathering. So 00:33:18
if you run into each other at the grocery store or a church or apartment or a movie, uh, you don't have to worry about having a 00:33:24
quorum together unless you use that gathering as an opportunity to conduct business. If you have a conversation about things that 00:33:31
are or could be before the Planning Commission. 00:33:37
For you to consider, you have to have those conversations. 00:33:45
Together as the Planning Commission, you can have one off conversation where you and another commissioner are discussing things, 00:33:49
but anytime you have three of you, then it would become technically a quorum. You have a public body that has alternates, and I 00:33:56
view the alternates as a member of the public body. So if there's three of you, any of the seven of you, then that would 00:34:03
technically be a quorum since they are eligible to fill in for you if you're absent and to vote. 00:34:11
Circumstance. 00:34:19
There are criminal penalties for a violation of the Open and Public Meetings Act. 00:34:21
And then a a note on electronic messaging. Electronic communication things like text messages, emails, Facebook threads can all 00:34:27
become meetings if you have more than two of you on the same thread and and conversing in the same thread. Just don't ever reply 00:34:36
all in the in the stuff when we get a an e-mail from one of staff or something, don't don't reply all. DCC is your friend. 00:34:46
That's really it on opening public meetings. Any questions before I I move on? OK. 00:34:58
I wanted to talk a little bit about the Land Use Development and Management Act. So the request was that today I talked a little 00:35:04
bit about code enforcement. That's a bit of an odd topic for Planning Commission because you really have very little authority on 00:35:11
code enforcement, but your decisions about land use ordinances may be informed by code enforcement and what's working and what's 00:35:17
not. And so I wanted to frame the conversation in terms of. 00:35:24
What are your authorities? How does it work and relate to state law? And then when we look at code enforcement, how might that 00:35:31
process? 00:35:34
Perform the work that you all are tasked to do. 00:35:38
So cities have land use authority needs to be the same in Utah. They're creatures of the state and you're given the authority to 00:35:41
adopt your own land use standards as long as they're consistent with federal law. With state law, you have to have a Planning 00:35:47
Commission, you have to have land use and appeal authorities, you have to adopt A general plan and have a process for considering 00:35:53
any new land use application. And then LUDMA has general themes that are consistent with property rights of individuals and where 00:35:59
there's tension in the. 00:36:05
Often, uh, forces cities to interpret their ordinances and to look at matters in a way that favors the applicant and not the city. 00:36:11
And so it can sometimes feel a little bit like you're running uphill, uh, as a Planning Commission and as a city when you're 00:36:19
trying to adopt your ordinances. But, umm, a few things noted there. Once you write your rules, they're binding. And we'll talk 00:36:26
about that a little bit with code enforcement and how, how things are enforced. 00:36:33
Uh, land use ordinances have to be plainly written to be enforceable. Your process is very, very important. And when I say tie 00:36:43
goes to the applicant or the property owner, there's a provision in state law that if there's ambiguous language or a question 00:36:50
about interpretation, the interpretation is the interpretation proposed by the applicant. I'll also say in the same process, 00:36:57
sometimes applicants will say things are ambiguous ones. Clearly they're not. And so. 00:37:04
You do have to make a reasonable reason of what's in the statute and what's in the language. 00:37:11
Roles and responsibilities in the city. You have a legislative body, you have a land use authority. There are a few different land 00:37:17
use authorities now and then. You have an appeal authority. The legislative body is always the City Council and only the City 00:37:24
Council the land use authority. There are some land use decisions made by the council, some made by staff, some made by you and 00:37:30
some now made by this new entity that we have to do subdivision. 00:37:37
Applications and then you have to have an appeal authority and Vineyard, the appeal authority is contract hearing officer that 00:37:44
will hear appeals. 00:37:48
This is the framework of the most typical land use actions that come before a city legislation. We've talked a little bit about 00:37:53
that's your final adoption of ordinances, the final adoption of general plan, rezoned annexation. Those always happen at the City 00:38:02
Council level or the General Electric can do it through referendum or umm about initiative or ballot measure. 00:38:10
There are administrative decisions that can occur at a number of different levels, but these are things like conditional uses, 00:38:20
site plans, development agreements, subdivisions, code enforcement. You touch these things often. 00:38:26
Uh, I put code enforcement on the list. You don't touch that or have a role in that other than understanding how our ordinances 00:38:34
are being enforced and if it's working well. And then you would have a role in changing the ordinances if you wanted. And then 00:38:40
there's a quasi judicial function of the appeal authority or a court, uh, when they consider things like a variance and appeal or 00:38:46
judicial review of the decision that's made or actually taken. 00:38:52
So how does it all work? 00:38:59
In city code, these are your powers and duties. You're the recommending body for four things, and you're the approving body for 00:39:02
four things. So the things you recommend, you review and recommend the general plan, land use ordinances, and then any 00:39:09
applications to amend the general plan or ordinance amendments have to come through the Planning Commission. And then the City 00:39:15
Council may from time to time ask for your advice on matters that relate to land use. 00:39:22
In the city and you're an advisory body for those types of things. Umm, a recent example on that, and Chris is familiar with this, 00:39:29
is the. 00:39:34
The recent general plan amendment that related to data collection and data management and you all played a how to function in that 00:39:39
and then ultimately was approved by the City Council. 00:39:44
ERD approving body on a few things. So conditional use permits come to the Planning Commission, you make the final approval there. 00:39:50
Uh, certain subdivision applications will come to the Planning Commission at certain stages. Umm, there's less of that in the 00:39:57
future than what you're used to. Uh, which I, I think is a positive change in the last as long as we monitor what's happening with 00:40:04
that and understand how we need to modify or tweak our ordinances. 00:40:11
Uh, to accommodate if there's a question about interpretation of a zoning district or a zoning boundary that's delegated to the 00:40:19
Planning Commission. So you would decide that interpretation and then your own bylaws, policies and procedures you have control 00:40:25
over. 00:40:30
Any ordinance adopted by the City Council can be challenged by lawsuit or referenda. 00:40:37
There really are four ways that something can be challenged. You didn't follow the right process. It's not constitutional. It 00:40:44
violates federal law. It violates state law. 00:40:49
And then on a referenda, any newly adopted ordinance, there can be a petition if they get enough signatures, a complicated 00:40:54
process, but essentially if they get enough signatures, they can put it on the ballot. We have had attempts. 00:41:01
At, uh, putting things to a vote here in Vineyard in the last few years, there have there have been petitions, there has been 00:41:09
signature gathering, but they have not met the signature gathering threshold to get it on the ballot. UMM Holdaway Fields was the 00:41:15
most recent one that was challenged in that way. 00:41:22
Uh, let's go through each of these real quickly just so you understand how the challenges come about procedural challenges. So 00:41:31
once we, if we put a procedure in our loss, we have to follow it. If we depart from that, then we're, we can open ourselves to 00:41:37
lawsuits and can be challenged on that basis. So you do want to be careful when you create ordinances that if you create a 00:41:43
process, it's a process. We have the capacity. 00:41:49
The staffing levels, the ability to. 00:41:55
Carry out, uh, usually what you'll see here is a failure to follow the notice and hearing requirement under state law. If you 00:41:58
don't give proper notice, you don't publicize it correctly, or you don't give notice of enough time, then the city's action can be 00:42:04
challenged. 00:42:10
Constitutional challenges. There are really three types. Due process comes under the 14th Amendment. This gives everybody the 00:42:17
right, umm, to be heard, to be represented by council and to examine witnesses on anything that relates to their property or if a 00:42:24
property right is taken away. This includes things like conditional uses or, or those kinds of approvals. 00:42:32
You have, umm, equal protection, as if a law, uh, isn't applied to one group or person equally, that sometimes can be on its face 00:42:40
and sometimes can be in the application of the ordinance if there are certain groups that are harmed by it. And then take 00:42:47
insurance anytime you take somebody's property without paying them for it. 00:42:53
There are three types of reviews that you'll see in court, strict scrutiny, intermediate scrutiny and rational basis. Here's 00:43:02
essentially what they mean. If the challenge is that the law it doesn't apply equally to other individuals or affect the 00:43:08
fundamental right, then the courts look at it with the most strict of lends and so they will look at what the government interest 00:43:15
is in the regulation. 00:43:21
They'll look at the regulation itself, and the regulation have to be the most narrow. 00:43:28
It can be to regulate what's being targeted. Umm, sign ordinances are one that fall under strict scrutiny and they have to be 00:43:34
narrowly tailored, umm, the courts, what they call them as time, place and manner restrictions. But when you, you can't just make 00:43:42
a sign ordinance that, you know, says, uh, we don't like websites. You'd, you'd have to have something that. 00:43:50
Relates exactly to what you're trying to regulate. 00:43:59
Intermediate scrutiny, uh, if you had ordinances that applied only to certain gender classifications or. 00:44:04
Things of that sort then you have to show that an important governmental objective is being regulated and that the ordinance is 00:44:12
quote substantially related to achieving that objective. A little bit less than scrutiny, but still quite a high standard and then 00:44:21
rational basis. And this is what applies to most land use ordinances is simply that you articulate some policy reasons for. 00:44:30
Supporting that piece of legislation. And so when you are regulating land use, in most circumstances it will fall in this 00:44:41
category. 00:44:45
Umm, you know your your ordinance could be. 00:44:50
I'd like bikes more than cars, and so I'm gonna provide just as much parking for people on bikes as I am for cars and it it 00:44:53
doesn't matter in that circumstance. 00:44:59
Uh, whether you have data to support that decision. If if that's your preference and your your wish, then you can do it. 00:45:05
Where it gets a little bit tight with planning commissions is that you have some things you do that are legislative. And if it's 00:45:14
legislative, more often than not it's going to be this rational basis standard and all you have to do is articulate a policy 00:45:19
preference or a policy reason and have that on the record. If it's an administrative decision, you have to have, quote, 00:45:25
substantial evidence. 00:45:31
And that means you have to have things in the record. And this is the reason why, umm, you'll get advice from me of don't meet 00:45:37
with applicants outside of the meeting. Because if you gather information from them, that is what you use to make your decision 00:45:44
and it's not introduced in the record or part of the official proceedings of the Planning Commission, then I can't defend the 00:45:50
action that the Planning Commission takes. 00:45:57
And that's also the reason why if you do on your own time, visit a site or gather any information about the decision you have to 00:46:04
make, be sure to bring that information into the meeting, make it part of the record. So an example, if you had a a conditional 00:46:11
use application before you for a preschool and you were in in home preschool and you wanted to go see the home, see what it would 00:46:18
be like for the pick up drop off. 00:46:25
How traffic would queue, You know, would it, would it extend out among around the block? 00:46:32
Umm, you might go visit the site at umm school, pick up and drop off hours to kind of get a sense for what the traffic impacts 00:46:38
would be. That's a perfectly acceptable way for making that decision. And that's evidence is perfectly good evidence for making 00:46:45
the decision. But if you never talk about it during the meeting, then you don't have it on the record and you would not have 00:46:52
anything to support the decision you made. But if you came to the meeting and said. 00:46:59
I went to the site I went on these days and at these times. 00:47:06
Here's what I observed and you explained that and then that's on the record. That would be the kind of thing that would be 00:47:10
required if you're making a more complicated decision and you wanted to have an understanding of traffic patterns, parking needs, 00:47:16
those kinds of things. And what how you would get substantial evidence as you would umm, ask for a parking management plan or ask 00:47:23
for the traffic impact study or something of that sort. 00:47:29
To to buttress your decision. 00:47:36
Ports, I'll just note final thing here is quartz, as long as you do have substantial evidence, courts are very deferential in Utah 00:47:42
too, good decisions of municipalities. They're not going to substitute their judgment for years. 00:47:48
OK, code enforcement. There is a line on that. 00:47:55
I know this is small text, but I wanted it to be in the version of the presentation that goes to you. 00:48:18
Umm, keep in mind as we talk about this, the Planning Commission doesn't play an active role in code enforcement, but it can be 00:48:25
helpful to understand what options the city has when it enforces city code. There are two general categories. You can enforce 00:48:32
things with criminal penalties. Umm, that criminal is, you know, just as you would think somebody can serve jail time or pay 00:48:39
fines. 00:48:46
For a criminal violation or you can do Civil Code enforcement and there's. 00:48:54
Three different columns under Civil Code enforcement that we'll see. A citation is more for a one time violation. So if you think 00:48:59
of a traffic ticket or if you were to ticket somebody for not cleaning up after their dog at the park, or you were to ticket 00:49:06
somebody for parking improperly, umm, that's what we're talking about with the citation. Citation typically relates to individual 00:49:13
behavior, not violations on property. 00:49:20
Umm, and then citations will escalate. So in Vineyard you have $100 for the 1st, 200 for the 2nd, 400 for the third, umm, and so 00:49:28
on. 00:49:33
On civil abatement, if you have a violation that will continue to exist unless it's fixed, then you can, uh, give somebody notice, 00:49:41
give them a time frame to fix it, and then if they don't fix it within that time frame, then you can begin accruing penalties or 00:49:47
fees. 00:49:53
Uh, the requirement in Vineyard is that you give a note to violation and then at least 10 days secure. These are your situations 00:50:00
like weeds on a property. 00:50:05
Inoperable vehicles on a property. 00:50:11
Mobile homes or those kinds of things, improperly parked. If you had, uh, an unpermitted structure, you could go after it in this 00:50:14
kind of a way. If you had, uh, building that creates, uh, nuisances and eyesore because it violates city code, you could go after 00:50:21
it that way. 1° up from that is what we call a nuisance violation. A nuisance is any time you have a threat to public health, a 00:50:28
threat to public safety, or a threat to public welfare. 00:50:34
That either injuries or has the reasonable risk of injuring. 00:50:42
A person or a person's use of property. And so we talked on abatement of things like leads that might be unsightly or umm, bad. If 00:50:48
the weed condition got so bad that they, you know, grasses and, and things had grown to where you're worried they're gonna spread 00:50:56
on other properties, then it might reach an abatement level. Umm, but more often abatement is when your weeds are gonna be so bad 00:51:03
that they pose a fire risk. And so you would need to remove them before. 00:51:10
That risk comes about or if you have chemicals on a property or. 00:51:19
Uh, something of that sort nuisance of cities have, uh, an additional enforcement tool in that abatement that they can go in and 00:51:24
fix the nuisance and then charge the property owner for that cost. There are some procedural aspects to it, but against the city a 00:51:31
lot more authority. And then the really big thing it does for a city on a nuisance abatement is you can recover the cost of a 00:51:38
nuisance violation by putting the tax lien against the property so you don't have to go to court. 00:51:46
The judgment to collect, umm, you can just collect it as a delinquent tax. Jamie, real quick, uh, we, we had questions with moving 00:51:53
or how we are no longer able to do the landscaping bond, umm, for development due to the state law. So for code enforcement, would 00:52:01
that fall under the abatement category where they provided these plans? They're not, you know, planting the trees or whatever. I'm 00:52:08
glad you're out. So, so there, there are two things. There are two things that newly will be. 00:52:16
Problems for cities that relate to code enforcement 1 is what Cash just mentioned that you can't require the landscaping bond. And 00:52:23
so if landscaping is not put in umm with a bond, it's nice because you have a resource you can tap into that just put install the 00:52:31
landscape or compel that. If you look installed, we now will be in a situation where if the developer owns the property and it 00:52:38
hasn't been landscaped, you can go after the developer. But in most circumstances I think. 00:52:45
End up going against homeowners to force that landscape into occur. I don't love that because I think you're gonna have some 00:52:53
homeowners that won't understand that they have that responsibility when they buy the home to complete the landscaping within a 00:53:00
certain amount of time. They're not as resourced as the developer is and where you don't have a bond. 00:53:07
It's just always cleaner if you have either a cash bond or an insurance product that you can go after. There's a city within its 00:53:15
legal rights to at the time of issuing a certificate of occupancy. If they find that the landscaping hasn't been installed, umm, 00:53:22
that they're able to cloud the title, which will then make it create a incentive for the developer to remove that cloud because no 00:53:29
one would wanna buy a house with the cloud entitled. Great, great question. Umm. 00:53:36
Eventually yes, but not it's not as simple as flipping this way flipping the switch. 00:53:44
Have to follow the due process of citation 30 days notice. So what what the circumstance you end up in really is if the home is 00:53:48
completed and then sold within a short amount of time by the time the city issues the notice and provides due process, the 00:53:56
developer's got right and it yes and you eventually can get to a point where maybe it would go against the title. But if you're 00:54:03
looking at the column on your sheet that is civil abatement. 00:54:10
You would not be able to. 00:54:18
Put a lien against the title until you have a hearing before an administrative law judge and you go to a District Court and have 00:54:20
that judgment perfected and then you would do it as a judgment lane. Umm, if it's a nuisance level violation, which it rarely 00:54:27
would be right for landscaping unless you have some kind of safety hazard. Umm, then it's a little bit abbreviated, but you still 00:54:34
have to do the 10 days notice. 00:54:40
Could could we have a requirement in code that if a developer doesn't need obligation for landscaping and they sell the property, 00:54:48
but during the, uh, certificate of occupancy review or you know, yeah, we know this is documented. It wasn't done until it is 00:54:55
rectified by the developer. Even if they sell it, they could not get an additional, any new building permit. 00:55:02
I don't believe you could do that with the new state law prohibition. 00:55:11
Yeah. So that's it. I'll look into it. That's a good question. What you're essentially asking is are there other sticks that apply 00:55:16
right, Yeah. And we don't want homeowners to be stuck with something that they they have no idea they're taking on a liability 00:55:23
that's developed. What we used to be able to do is a bond and withhold subscription of options complete which were important for 00:55:30
the self arrive because they can't sell the home and and transfer tile until they get ACFO. 00:55:37
Umm, those are taken away from us. So that takes me to the second thing that is limiting and it's that the state law no longer 00:55:45
allows you to withhold CFO except for umm, life and safety kind of issues. So if you, if you had a home that didn't have, you 00:55:52
know, water or heating or, or. 00:55:58
The roof properly installed or things like that, with that life and safety, you could withhold the CFO or if you have an unsafe 00:56:06
condition, you could withhold CFO. But if all that you have is the landscaping is not done or the home is not painted, you lose 00:56:14
the ability to withhold the CFO in that circumstance. And so you have to kick over into Civil Code enforcement. 00:56:22
Process and it should get It's a far more labor intensive process for a city to go through in that way and your chances of 00:56:32
recovering an amount that exceeds your costs or. 00:56:38
Are pretty tough. 00:56:45
Yeah, yeah. Anyway, that's the general overview of administrative code enforcement. You won't play a huge role, but it's it's 00:56:49
helpful to know how to interact. 00:56:54
Umm, the ordinances that you pass and kind of how the whole process works. So any other questions or discussions? OK, that's it. 00:56:59
Thank you. 00:57:04
I guess this brings me to something that, uh, I had mentioned in the past, umm, because while we don't do code enforcement, we do 00:57:11
make ordinances. We can make ordinances that have code enforcement for them. Uh, and, and, uh, one of the things we talked about 00:57:19
previously was, uh, making it so that when somebody signs a rental agreement that there would be a page in the rental agreement 00:57:26
that says that they have a specific amount of parking spaces. 00:57:34
And that those people would have to sign that rental agreement just so that they know that they have X amount of parking spaces. 00:57:42
Uh, and umm, it could be something that the city can use when people come in and they're like, hey, I don't have enough parking. 00:57:49
It could be like, well, you signed this page that says that you have this much parking. Umm, I think it could be a way to kind of 00:57:57
ease the burden on the city. Umm, and I feel like as far as code enforcement goes, if develop. 00:58:04
Not developers, but people that are renting out their units or something, umm, aren't putting this in their, uh, rental contracts 00:58:11
that they would have a citation of some sort. Is that something that we can work on? Yeah. So our Maria, she's our fairly new, uh, 00:58:19
enforcement, umm, person. Umm, she is, uh, she kinda picked up on Kiana's work on a landlord program that the city could 00:58:26
implement. So she's just been studying how other cities in the area do something like that. I, I don't, I'm not familiar with. 00:58:34
Any of them that do like a letter of understanding regarding parking. Umm, but, but that is something that, that I'll have her 00:58:41
look into to include in the program. OK. I think it, I think it could be beneficial because a, a big complaint for people that 00:58:49
come to the city with parking issues is because either they didn't know how many parking spots they had or they were told 00:58:56
differently than what is actual. And so, uh, if this is in their rental contract, then a is a, a renter the person. 00:59:04
I'm renting out a unit have to prove that they have a parking spot for them and, uh, the, the person knows when they're renting, 00:59:12
like pay is one spot, so I can't have four cars. So yeah, if we, if we could work on that in the future meeting, I think that 00:59:19
could be really beneficial to the city. Can I ask a question related to that? Yeah. Uh, does the city currently have any kind of 00:59:26
rental registration requirements or database or incentive to register? 00:59:33
Properties that are we, we don't. The only thing that we do have is that when the renters need to pay the bill like utility bills, 00:59:40
they do have to call in and get put on to the the property somehow. So are are utilities clerks do actually have that information? 00:59:47
Of of rentals. Umm, but but that's it right now, that's all that we really have, OK. 00:59:55
So that, that's what Murray is doing this research on is how to implement this program going forward so that we can, because 01:00:01
Vineyard does have a lot of rentals, yeah, make sure that that our renters are being protected, like I said, with them 01:00:06
understanding the, the parking situation and same thing with occupancy. Umm, we could include that in that letter saying I 01:00:12
understand that the maximum occupancy is, you know, unit is 4 people and that that would, that really would help if that was the 01:00:17
enforcement, yeah. 01:00:23
The business licenses that we require on we, we don't require business licenses for rentals. 01:00:29
Just a just accessory dwelling unit. So I know what some communities do is umm, in order to track whether uh, rental is a long 01:00:35
term rental or short term rental to then ensure that short term rentals you're collecting POT taxes for. And if you have some kind 01:00:42
of registration to say, hey, this is a long term rental. So therefore I don't need to pay POT. Umm, and then you now know where 01:00:50
all of the rentals are. So therefore you can have these. 01:00:57
No, no, no, that's not gonna include that in, in my notes. And we can, I can work with Maria on that and hopefully we'll have 01:01:31
something in, in the next few months on this kind of program that we can look into implementing from. Awesome. Thank you, Tash. 01:01:37
Alright, uh, as far as Commission member reports and expertise discussions, disclosures, anybody have anything? 01:01:42
Nothing, anything from staff. Umm, I do have one update. Umm, we did get awarded a bicycle friendly community bronze level once 01:01:51
again. That's something we can get certified every four years. Umm, and so we, we got that this last year, umm, and, and our 01:01:58
bicycle advisory Commission can now use our report card to see kind of what areas we're, we're struggling in and what we can 01:02:04
improve. So hopefully the next time we meet up, we can maybe get to the. 01:02:11
First level. 01:02:18
Anything else, Morgan, you got anything? Go for gold. You had a couple things. Umm, so you know, umm, the City Council might, I 01:02:21
don't know the reason. We're just going to, let's say umm, to hold City Council meeting on January 21st. So umm, we will not have 01:02:27
Planning Commission. 01:02:33
Oh, I'm sorry. February 21st, ma'am. 01:02:40
So, umm, our next meeting will be on March 6th and we'll have, we'll have quite a few items. One of those items is gonna be umm, 01:02:46
Anthony presenting our updated waterfront master plan specifically for not the full time, but it's the vineyard beach area. Uh, he 01:02:54
has worked really hard for 100 plus hours over the last, uh, let's say the last month we really just as on spot and helping design 01:03:01
and manage a large team of professionals and done just amazing jobs. Umm, just. 01:03:08
Monday, he presented before a TTAB board. That's the tour tax Tourism. 01:03:16
Trans something, something to our Advisory Board. Yeah. So they, they, umm, they provide recommendations to the, umm, the Utah 01:03:24
County Commission, umm, and so we were able to get a 24 month extension on our, our grant that received a few years ago. It's, 01:03:29
it's taken a lot of planning so we need a little bit more time. Uh, they, they love the plan and we're hopefully gonna. So that's 01:03:35
a $3,000,000 grant that we have umm. 01:03:40
And we're looking for other umm, you know, Washington ways of getting, getting some more, some more funds to that umm, And so 01:03:46
that'll be pretty exciting. So he'll provide an update on on March 6 and provide kind of that same presentation that was given to 01:03:52
the county. So that should be exciting. Umm, we do have umm, the Utah IPA. I think we've brought this up before the Cedar City 01:03:58
conference, May 10th through the 12th. Umm, so we have. 01:04:04
Day day going umm. If anyone else would like to go, let us know. 01:04:11
OK, Yeah, if you wanna verify that and then. 01:04:16
Umm, those that wanna go, let, let us know and we'll, we'll, we'll get you signed up and the city will, will Co We, we budget it 01:04:19
for it. So if you could just send Anthony an e-mail just saying that even if you're interested in going right now, that way. So 01:04:25
that's may, uh, 10th through the 12th. I just have to, I have my kids that week, so you can bring them. It's gonna be a shuffle. 01:04:31
We'll get you A2 bed, hotel room. 01:04:37
Four kids, that's great. We, we, we can't buy them food. We can buy you food. 01:04:45
Just eat a little bit. I'll just send them off into the street. OK, fine. 01:04:51
Well, that'll be a really fun one. Umm, and they haven't announced the umm bike Utah Summit yet, but most likely that'll be in 01:04:56
May. Yep. Uh, I messaged them about that this week and they wrote back and said that they're not doing it this year, but they're 01:05:02
doing some other something else in the fall in in place of it. It's not like specific, but it's something something else with some 01:05:09
other group that's in places look like some. 01:05:16
You guys got anything? No. 01:05:52
OK, cool. All right. Do I have a motion to adjourn? 01:05:56
I move to adjourn. 01:06:01
So the privacy bill is out. 01:06:13
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I'm looking at the minutes and it's February 7th, 2024. I was like whoa. 00:00:00
Yeah, that's funny. OK, alright, we'll move right into it. I will give our indication and then a Pledge of Allegiance. 00:00:08
Dearly father, we're thankful that we could be here today to discuss, uh, future of the city and, uh, please bless us that we'll 00:00:17
be inspired as to the things that we need to do. Help us to make good decisions that will, uh, have a good impact on the citizens 00:00:22
of the community here. Help us to, uh, know what that would help us do is update. And we say these things in the name of Jesus 00:00:27
Christ, Amen. All right. 00:00:32
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, 00:00:41
indivisible, with liberty and justice for all. 00:00:47
All right, we'll move right into an open session. Anybody has any comments? Daria, got anything All right. 00:00:56
Good evening. My name is Daria Evans. I've been your resident. I have been looking over the agenda for tonight and under the page 00:01:11
16 of the 19 pages and the section commented chapter 6. I don't know what under that means, but. 00:01:21
Talks about having a consultant and I'd like to know who that consultant is. And then it talks about the RDA providing funding for 00:01:31
the construction of a parking structure. 00:01:37
To serve the multifamily unit by the end of 2028. So does that mean that these homes will be already built out way before 2028 or 00:01:43
do they have until 2028 to build the parking structures for these homes? So sorry, Daria, if you don't mind, uh, when we get into 00:01:50
the work session, umm, I'll, I'll have you come back up and, and ask these questions just so that we can, we can all do it all at 00:01:57
once instead of splitting it up. Do you have any other comments besides? 00:02:05
On the 5.1. 00:02:13
No, I just had another question about different Cox. OK, Yeah, OK. Thanks, Ariana. Kayden, you got anything? OK, alright. 00:02:16
OK. Uh, we'll move right into, uh, minutes for approval. So I have a motion on that. 00:02:27
I have one correction and then last name was misspelled in the November 1st. 00:02:34
No minutes so that can be corrected. Other than that, just removing the N extra N. 00:02:42
I'm trying to remember. Hold on. 00:02:51
Yeah, I, I, I can. We'll go through and make that a bit. 00:02:56
Sorry, yeah, just to put your end and it was, it was throughout. So that's OK. 00:03:00
OK. Uh, driving motion then. 00:03:08
Uh, I missed to approve the minutes. 00:03:13
With the state of changes, I have a second. 00:03:16
Thank you. Thanks, Chris. All in favor Aye aye all right, we'll move into business Item 4.1 uh, appointing a Planning Commission 00:03:21
share and vice chair. Always put this off a few Times Now. 00:03:26
According to our bylaws, I cannot. 00:03:34
Definitely yeah umm so the way this works for you guys at a new and doing this umm you would make a motion saying that you. 00:03:39
Uh, what's the word nominate? I know I would like to nominate X person to be the chair and someone would second that. And I don't 00:03:51
I think for the nomination, you can just make a nomination, but then when you vote on it, you would am I right amount or would you 00:03:58
make a no problem? I just because I think anyone can nominate and then we can decide about. 00:04:05
On the Thursdays after Planning Commission at uh, is it 9 or 10 at 9:00 AM here at City Hall? Is there something that the, uh, 00:04:42
vice chair can go to? Yeah. It's like it's their designee, so somebody. 00:04:50
OK. And if the designee is that specified as a member of the Commission, yes. 00:05:01
Making sure we're talking some weird scenario. So, and, and the, the main, really the only thing you're voting on in the DRC is 00:05:07
the approval final plat that's now done through the DRC. Umm, but you still get to take part in kind of the discussions that we 00:05:13
have more in depth, uh, conversations regarding, umm, different planning projects like site plan applications and stuff. Before 00:05:19
they get to Planning Commission, they go through the DRC. How often is that meeting? 00:05:25
So it's it's the 1st and 3rd Thursday of the month at 9:00 AM at City Hall. It is also a post meeting for anybody from public is 00:05:31
welcome to come to it. 00:05:36
I can't even do that. Do we have discussion? Yes, yeah, Yeah, I have discussion that Hey, you have been interested in being chair 00:05:44
before, correct? I'm still willing. I would need a. 00:05:49
If I share she was available, my work is very very busy. 00:05:55
I can make time. 00:06:01
But it can also be impossible to make time. And we can also, umm and correct me if I'm I'm wrong, umm, but we and we could do 00:06:04
remote too. So if, if it's hard to leave work and you have an hour, then we would be able to to type in that way. It's just a 00:06:12
small business MSP. So OK. Also, who are the current sitting members on the Commission? So you have umm, department heads. I mean, 00:06:19
right now I don't know. I don't know. 00:06:27
Yeah, I think all five of you, are you all regular members? I'm pretty sure. Are we I if that I don't think we are, unless I don't 00:06:34
know if we received clarification on Bradley. Bag was a sitting member of Kaden was umm. The motion to appoint them was rather 00:06:41
vague. 00:06:47
Yeah. So, yeah. 00:06:55
I haven't heard anywhere didn't select from the group that is. 00:07:01
OK, OK. And then alternate can't make a recommendation. 00:07:07
Alright, to the Commission, the nomination, I guess not a recommendation. You can't make a nomination. 00:07:12
OK. 00:07:18
Just to umm. 00:07:20
Clarify the the the members. We have it all online right now. We have the main members being Bryce, umm, Chris Brumwell, Nathan 00:07:22
Steele and. 00:07:27
So we have four of those and we have 3 alternates and that would be great in Steve and Bradley. 00:07:35
So we have that differentiated on the I like I said, I think we need to get some clarification. Umm, that was just might not be 00:07:42
accurate. We just don't know right now. 00:07:46
I would nominate, uh, say, Edmondson as chair. 00:07:54
That being said, is there someone? 00:08:02
Who has availability at 9:00 AM on Thursdays that can make the meetings if K is unavailable? 00:08:05
I could do remote. I would never be able to be in person, but I could likely arrange my schedule to join remotely at any meeting 00:08:15
that's needed. But I if somebody else could be vice chair, that's totally fine. 00:08:23
Yeah, I, I think you'll want somebody that can be there in person more often than not and have reserved remotes, kind of a yeah, 00:08:32
I, I could always be there remote, but in person it would be tough. I, I can be there all the time. 00:08:40
My last year the, the other thing I should mention, the chair, we do, uh, the, the council meetings, they do have a report just on 00:08:50
what happened at the Planning Commission previously. So that is another kind of requirement of the chair or the vice chair if they 00:08:56
are asked to fill in. Does this report typically given more at the beginning or the year? 00:09:03
At the beginning. At the beginning. 00:09:10
Yes. Can Bryce be vice chair? You can't be charged. I can be vice chair, I can't be chair again. OK, which it's all the same to 00:09:14
me. I would also nominate races vice chairman. I have a just a quick question, Brian, Is this two years in a row that that you've 00:09:21
been I was chairman for two years in a row. Yeah. I think in a bylaws it's stated there's like a two year limit. Yeah, yeah, but I 00:09:29
mean they're your bylaws. 00:09:36
I I don't know if bylaws have to go through, would that include they'll need, they'll need the following that would not include 00:09:43
vice chair. So I think as I understand that the motion on the floor is that today's service chair? You service vice chair. Yeah, 00:09:48
OK, I'm sorry about that. 00:09:53
This is the nomination of formal motion. Second. There you go. OK. Yeah, we will second it. OK. All in favor. Aye. Is this roll 00:09:59
call kind of thing? No. All right, we're done. Congratulations. 00:10:06
OK. Moving into work session 5.1 moderate income, housing, general plan cash. 00:10:14
Presentation right now we'll make this umm, fairly quick uh, we just wanted to give you guys a brief update on. 00:10:22
Our moderate income housing report, umm, this is something that we are required to umm, submit to the Department of Workforce 00:10:30
housing each year. Umm, because we have a city of over 5000 people. Umm, and then we have an additional requirement because we 00:10:37
have a fixed rail station. Umm, and so just a little background on this. I think I kind of went over that first point already. 00:10:44
Umm, we submitted 6 strategies this last year and we only had a requirement of five. So we're, we're doing well there. Umm, So I 00:10:54
just wanted to briefly go over the different strategies to let you guys know of what we are, umm, aiming for with the, the 00:11:00
moderate income having planned and, and maybe answering questions that I heard earlier. Umm, So I can quickly go over each one of 00:11:06
these strategies. The first one is dealing with impact fees. Just remove reduced waiver, eliminate impact fees. Umm, and how we 00:11:11
are, are. 00:11:17
Accomplishing this is we are funding some master plan studies for our utilities and that will help guide us in these decisions 00:11:23
later on of how we can reduce these impact fees UMM to help UMM provide a easier path to moderate income housing. The second 00:11:30
strategy is to adopt A stationary plan. So we chose in the first quarter of 2023. Saki is a consultant UMM with the the aid of MAG 00:11:37
Mountain Association government. 00:11:43
Umm, to help design our stationary plan. So that's an ongoing, umm, since then. 00:11:51
Umm, we are hoping to have that adopted UMM sometime in 2024. This says early 2024, but my guess it will be close for the summer. 00:11:57
UMM, we're still working on quite a few things with that project and it'll come to the Planning Commission for approval I believe, 00:12:02
right? 00:12:07
73, uh, for recommendation, correct, umm, strategy three is to zone a rezone for higher density for moderate income residential, 00:12:14
umm, development and commercial zones near major transit investment corridors. It is a bit longer. That's why the doctor there, if 00:12:22
you want to go back to send the staff report each one of these. Umm, and then I just said, we've been working with Flagborough. 00:12:29
We've uh, processed 5 pipeline applications and two flats to allow for the construction of up to 871. 00:12:36
In the downtown UMM strategy 4, this is create or allow for and reduce regulations related to internal or detached accessory blown 00:12:44
units and residential zones. And this in 2023 the City Council uh voted in favor of allowing detached Adus. So just allowing 00:12:51
another type of Adu umm as that was not an allowed use before. 00:12:59
The 5th strategy is, uh, and then land use regulations to eliminate or reduce parking requirements for residential development, 00:13:08
umm, where a resident is less likely to rely on a resident owner's vehicle. Umm, And so this one we, uh, entered into a contract 00:13:14
with Ave. consultant. I think that's, sorry, I had that question out here, umm, to perform this parking study. So far we're in the 00:13:20
data collection phase. Umm, we're nearing towards the recommendation phase. So throughout the last few months, Ave. consultants 00:13:26
have been. 00:13:32
Driving around the city, collecting data on parking. Umm, they're usually out there like one or two AM discounting cars, umm, just 00:13:38
to provide us insight on where we have parking issues, umm, areas that may not have parking issues that we think there are some 00:13:44
and whatnot. Anyways, they'll provide us with kind of these third party recommendations that we can look at implementing into our, 00:13:50
our codes for parking. Umm, and then the last strategy, strategy 6 is create a housing and trans reinvestment zone. And so this 00:13:56
one. 00:14:02
We did receive the HDRZ zoning designation, umm, and then the RDA board was assigned to administer the HRG funds and operate as 00:14:08
the HCRG board. So ongoing, umm, each year we have to keep working on each one of these strategies. It's not like you can check it 00:14:16
off and say we're done. Umm, we do have to continually show progress. And if we don't, then they deny our, our moderate income 00:14:23
housing, umm, report. And when they do that, it's uh. 00:14:30
I don't know exactly everything that happens, but it has to do with priority funding for transportation. There might be more 00:14:38
consequences besides that. Umm, but so far we've, we've done well each year and, and getting this through Umm, But if you guys 00:14:43
have any questions about any of these strategies or at the end of my staff report, I showed all of the different strategies that 00:14:49
the state allows us to select to you. And so we could, umm throughout this year, work on changing some of these strategies to 00:14:55
implement different umm, ideas. 00:15:00
That that the state has allowed. But we do have to stick to that one. 00:15:06
Yeah, sure I can. I do have them on, on that strategy for, for the downtown 800 something using those are moderate income housing 00:15:11
units. So it the, the the strategy also says is for higher density or moderate income residential. Umm, so they don't have to be 00:15:18
like income restricted. It's just saying moderate income or higher density. And the, the state was fine with our umm 00:15:25
interpretation. 00:15:32
With that, OK. 00:15:40
Just to add something through the HTRZ zone, UMM, it does require 11.2%. That was our approval UMM to be designated UMM within the 00:15:43
80th percentile UMM for AMI. And so umm and that's, that would be within 1/2 mile. The unit's located within 1/2 mile UMM. And so 00:15:51
we'll, we'll, we'll be tracking those and I believe. 00:15:59
That comes into effect when they go for financing, for for for like vertical development. 00:16:08
So we we can get more information as far as like when they'll get that designated. I think that that'd be helpful for us to start 00:16:14
start tracking those as well. 00:16:18
Yeah. 00:16:24
Yeah, out of these lists, we did choose, uh, different strategies that we felt felt within our general plan. Umm, there's, there's 00:16:28
some of these like, uh, let's see the, a lot of these have to do with like redevelopment of, of umm, uninhabitable housing stock, 00:16:35
right? We don't really have that problem here in Vineyard yet. Umm, there's different strategies such as, uh, allowing single room 00:16:42
occupancy development. Umm, we, we just felt that the, the six that we. 00:16:49
That within our general plan a little bit better, umm, and allowed us to, to work on policy to implement umm, such as I, I 00:16:56
presented earlier, I'd say on the single room occupancy. That was one that I believe we umm, we had a discussion on when we did 00:17:03
the initial amendment and there, there seem to be some re reluctance on that one. So that was, that was one that we dropped. So my 00:17:10
understanding is that we can either pick another strategy. 00:17:17
Umm, we, we, we can replace one if we want, or we can find ways to continue to implement, correct the, the existing strategies 00:17:25
that we have adopted. Yeah. And, and the state will push back on us if we say we're continuing to do this, you know, master plan 00:17:30
study on our utilities. They're gonna say that's not good enough. You need to show actual progress. And they'll just say you 00:17:36
cannot use the strategy going forward. 00:17:42
And that that happened to us the last year we had one of those strategies that we said we're still working on this and they said 00:17:48
no, you're not. 00:17:51
OK. 00:17:55
Yeah, I think, umm, keep the current strategies in place and the mistake comes forward. Kind of look at some other ones. I think 00:17:59
the single room occupancy thing was one that we agreed as the Planning Commission could we would be workable for us. I think it 00:18:06
uh, got knocked down. No, it was here that we decided to change that. Uh, I think there are some other ones that we could. 00:18:14
Replace if, if we have an issue, do you guys foresee us having an issue with that? What, what we could do? Umm, and casually 00:18:23
waiving us, but, but let me know what you think on this. Umm, taking these and then what we wanted to do is just kind of get us in 00:18:29
front of you. Umm, instead of like a, a lot of times we get busy and then it's like until the last minute where we start we're 00:18:35
like, Oh yeah. So if we require some general plan amendments, we wanna have the work sessions and be able to come over to the 00:18:40
process. 00:18:46
That there are. 00:18:52
Sorry, there are a few that I could see us having issues in the future such as create a housing and transit and investment zone. 00:18:53
Umm, we've created that. So the, you know, the, the policy here isn't implemented or you know, expand on that. So we might have 00:18:59
issues with that one going forward as well as the development adopted stationary plan this year we will adopt it, but going 00:19:05
forward after that, we might have to pick a new strategy because it has been adopted. 00:19:12
Umm, we do have things like the the reduction of impact fees. So yeah, that that's the one that we they said we were OK, but that 00:19:19
so, so, so that's one if we use show in the master plan that we would be analyzing. 00:19:25
Correct that that that would qualify and and there's other ones like this one that we could pick up like strategy R, which is 00:19:32
eliminate impact fees for such a growing units that are not internal. So that's something that that our impact fee study could 00:19:38
also hopefully, umm, guide us in umm, that wouldn't be too hard to implement. And then J uh, along with that, where maybe you 00:19:44
allow a 5% increase in FAR, you know, just a very simple standards like that would be really easy to do accompanied with the 00:19:50
impact. Yeah, then you knock out. 00:19:56
That's really one action That's kind of, I'm sorry. So I, I think what we could do is a, a next step is, umm, when we come back, 00:20:02
have some, some suggestions of, of kind of like the, the next step. And then once we see alignment from the Commission on what 00:20:09
those next steps could be, then we would do a general fundamental and place those next steps in the general plan. So I would 00:20:15
anticipate every year when you, and it is a little confusing. The reporting period is August to August. 00:20:22
Umm, And so we do have to make those changes before August if we want to show that we're making progress on any of these. Umm, And 00:20:29
then, yeah, I think the report is due by the end of. 00:20:34
Was it November? Yeah, it's like October. But they do give us until I think February, a date in February to fix any issues that we 00:20:41
may have had. So like I said, we got approval back in January. In the past, our report was approved really easily. Umm, now 00:20:46
though, from what we've heard is that, umm, based on stage, one wants to make a statement. They want city tickets really serious. 00:20:52
So they essentially denied a lot of people's applications. So they, they, they denied our first attempt and we had to go back 00:20:58
through and justify each of those. 00:21:04
Different things within those six, uh, like you're talking about how we accomplished. I can't remember which one you said TRZ 00:21:40
designation. Yeah. So we accomplished that. So we just continue doing this until we've accomplished everything on the list, even 00:21:47
though we don't want a handful of things that are on the list or, and, and if that's the case, like how long are we gonna continue 00:21:53
with this, uh, for the umm. 00:21:59
Benefits that we're getting from it, Are we trying to hurry and use those benefits now? 00:22:06
Or how, how, how are we going about this? I'm kind of curious if we get priority transportation. Fine, right. That's, that's my 00:22:11
understanding. So that's what you preserve. Yeah, you basically lose the ability to get to be in line for those discretionary 00:22:17
resources. 00:22:23
Umm, but your question is a good one. This, this is a, it's a state mandate. You know, we comply in that way. Vineyards in a 00:22:31
better position than just about every other city in the state because it has a good mix of housing. And the unfortunate thing is 00:22:39
this is written mostly for cities, not like vineyards, and you don't get credit for things you've already done. 00:22:47
Yeah, so it seems you end up on some of these, umm, establishing new goals, you know, establishing new priorities. And then I 00:22:56
think when we communicate it to the state, you have to make a big deal of look at all we've already done and are already doing. 00:23:02
Yeah, you know, when you get them approved. But you're you're report and the things that that you're doing as a city, I think it's 00:23:08
better than what you're going to find in just about every other city in the state. And I would have that too, because we see 00:23:14
amounts every year. 00:23:20
That if they're seeing a lot of those items being checked out by other cities, then they probably would have more. Yeah, find 00:23:26
other things to add. They they kinda, it kinda incentivizes cities to slow down and be like, yeah, we're doing a little bit right 00:23:33
now and then the next year do a little bit more instead of just like one acre a year doing it. Yeah, anyway. 00:23:39
That's how safe stuff is. OK, uh, sorry, did you have any other questions? You want us to? Cool, Thank you. 00:23:48
Thank you. 00:24:04
Thank you for answering my questions so far. I do have a couple more umm. 00:24:09
That's Section J that you had up on the 1st. It said zoning incentives. What kind of zoning incentives are we considering? 00:24:16
And then also, you know, Governor Cox has mentioned about the first time buyers with the $20,000 incentive. 00:24:26
Where, where in this plan are we going to be able to have those types of homes available? OK, so I, I can answer the J1 real 00:24:36
quick. Alright, that's not on the city's current plans for uh, we can pick out of a through, uh, X on which ones we want to do. 00:24:44
And in the ones you saw in yellow highlighted, those are the ones that cities. 00:24:52
Decided to move forward on that. We're gonna push on because you need to pick six of them. Uh, and so Jay currently is not one 00:25:01
that the city is considering, uh, having in our general time. 00:25:06
Without that, and I could refer to like, umm, if you add moderate income housing, we, we could reduce setbacks, we could increase 00:25:13
heights, Umm, you know, decrease landscaping, like, like things that developer would want to incentivize them to do it. Umm, add 00:25:18
more density. Umm, so there's, there's, there's things like that so that that could be a potential in the future because that's 00:25:24
what we have control over. 00:25:30
Mm-hmm. OK. And then, umm, yeah, just about, you know, what about the first time buyers? 00:25:37
Plan that governor causes. 00:25:43
Yeah, saving, you know, umm, where where are these type of homes going to be located in this HRTZ or are they going to be located 00:25:45
in this HRTZ? They they would not be located in OK necessarily in HDRV is going to be right next to the transit center. It's going 00:25:53
to be a lot more high density than I, I believe the, the program you're talking about would require. 00:26:01
OK. Do we have any idea where those type of homes would be going because that's kind of a mandate, isn't it? 00:26:11
It's not a mandate and and there frankly is not much of A municipal role in, in rolling that out. I it's handled through the state 00:26:17
and it's a, it's a direct incentive to the home buyer. It would have to be new construction. It would not be existing stock. And 00:26:24
then it's homes under a certain value and then people who qualify under a certain income and then I think they have a pot of money 00:26:30
and once it expires every year it's done. 00:26:37
So, so we don't have to worry about, no, the city doesn't play a role in administering that. It would. 00:26:45
I it's eligible to be used anywhere by anybody that that fits the criteria and the home they're buying fits the criteria. I think 00:26:51
where it may not apply to the HTRZ is that it's I believe for townhomes and single family homes. Not it's not for yes and for 00:27:00
purchase. It's not for umm multi family housing or for for rent housing. 00:27:08
There is in the HTRZ Morgan mentioned an allotment of units that will be available on. 00:27:17
Umm, I forget what percentage you said of AMI, but it's 80%, Yeah. So you would look at the. 00:27:25
The income and then the ratio of what the median income is relative to housing and then they have to set it at 80% roughly of 00:27:33
that, but that's different than the state per room. OK. All right. Well, thank you very much. Thanks, Maria. Thank you. 00:27:41
Thanks, Amy. 00:27:49
Alright, alright. Any other questions? 00:27:51
Comments. 00:27:55
OK. If not, we'll move into the training session. 00:27:57
Alright, Jamie Blakesley is doing a training session for us on Open Media Back End Enforcement. 00:28:02
That's why you all came, right? Yes, All right. 00:28:12
Actually, I've got this all right. 00:28:55
Maybe. Yeah, well, I already have it. I. 00:28:58
I thought I could do that. 00:29:03
OK, good. 00:29:06
All right, it's good to be with you today. I'm Jamie Blakely, the city attorney for those account number. Umm, we'll, we'll fly 00:29:15
through this at whatever pace is relevant to you. And my preference is interrupt me and ask questions. Let's have it be a dialogue 00:29:20
and I'll just be running through slides. So I've prepared materials, but if you want to depart from that and talk about different 00:29:25
things. 00:29:30
Umm, we certainly can do that. You're required every year to do open a Public Meetings Act training and for the first portion of 00:29:35
that is Open and Public Meetings Act. That's a repeat for many of you, so. 00:29:40
I'm gonna go through this pretty quick on Open and Public Meetings Act, but your you are a public body and as such you're required 00:29:46
to conduct your deliberations openly. That means any time you have a quorum present, it's a quote meeting. And when you hold a 00:29:53
meeting, they have to be open to the public and open to the public has. 00:30:01
Some requirements that come with it. You have to publish an agenda that has 24 hours notice. Your agenda has to reasonably specify 00:30:09
the topics that you'll take action on, and then you cannot act on anything unless it is. 00:30:16
In that notice. 00:30:25
Uh, electronic meetings are allowed. There's a policy in vineyards that allows for electronic meetings. You do have to have an 00:30:32
anchor location where people can attend. Typically you want the chair of the meeting in that anchor location, but you can't attend 00:30:38
and participate remotely. You are required to keep minutes of your meetings and a recording of the meetings. The recording has to 00:30:45
be available within three business days of the meeting and then the minutes can be available at a later point. 00:30:51
Recordings are permanently retained by the city and available to anybody that wants them. 00:30:58
These are the things that need to be. 00:31:06
In your written minutes and on minutes, there's not a requirement that they'd be prepared within a certain amount of time, but 00:31:09
once they're approved then they have to be posted to the official record and be part of the record of the meeting. 00:31:16
You cannot act on an ordinance or a resolution unless it was adopted in a meeting held for some of the Utah and Public Meetings 00:31:25
Act. 00:31:30
Most ordinances and resolutions don't require a hearing. There are some exceptions and you'll see the four point down on that list 00:31:36
applies to just about everything you do as a Planning Commission. Anytime you're considering a land use regulation, then there's a 00:31:42
hearing requirement. Typically that hearing occurs. 00:31:48
Before the Planning Commission, you are allowed to hold closed meetings in certain circumstances. That's very rare with Planning 00:31:55
Commission meetings. It can come up on the list of purposes for which you can go to a closed meeting. The ones that most often 00:32:03
come up before the Planning Commission would be the UMM strategy session about the purchase or sale of real property. 00:32:11
Uh, I don't know of anything before you right now that would require that, but it it, it could occur. 00:32:21
Many of the other things that would be for a closed session, litigation, personnel decisions, those kinds of things are not within 00:32:25
the purview of a Planning Commission, really don't come up in the seven years I've been on Planning Commission. There's another 00:32:30
benefit, no. 00:32:35
Yeah, we, we won't do a lot on that. You keep a record for certain close meetings. For others, you're allowed not to keep a record 00:32:41
of what's discussed. You can hold emergency meetings. Again, I don't know if that's happening with Planning Commission or Planning 00:32:48
Commission type of decisions. You're also allowed to hold special meetings. Special meetings do happen from time to time, 00:32:54
especially if you have applications that have. 00:33:00
A short time frame for turn around and you need something that's not on your regular schedule. 00:33:08
You're allowed to hold a special meeting. There's a difference between a special meeting and an emergency meeting. 00:33:12
But you can't do that, uh, things to be aware of the act does not apply if you have a chance gathering or a social gathering. So 00:33:18
if you run into each other at the grocery store or a church or apartment or a movie, uh, you don't have to worry about having a 00:33:24
quorum together unless you use that gathering as an opportunity to conduct business. If you have a conversation about things that 00:33:31
are or could be before the Planning Commission. 00:33:37
For you to consider, you have to have those conversations. 00:33:45
Together as the Planning Commission, you can have one off conversation where you and another commissioner are discussing things, 00:33:49
but anytime you have three of you, then it would become technically a quorum. You have a public body that has alternates, and I 00:33:56
view the alternates as a member of the public body. So if there's three of you, any of the seven of you, then that would 00:34:03
technically be a quorum since they are eligible to fill in for you if you're absent and to vote. 00:34:11
Circumstance. 00:34:19
There are criminal penalties for a violation of the Open and Public Meetings Act. 00:34:21
And then a a note on electronic messaging. Electronic communication things like text messages, emails, Facebook threads can all 00:34:27
become meetings if you have more than two of you on the same thread and and conversing in the same thread. Just don't ever reply 00:34:36
all in the in the stuff when we get a an e-mail from one of staff or something, don't don't reply all. DCC is your friend. 00:34:46
That's really it on opening public meetings. Any questions before I I move on? OK. 00:34:58
I wanted to talk a little bit about the Land Use Development and Management Act. So the request was that today I talked a little 00:35:04
bit about code enforcement. That's a bit of an odd topic for Planning Commission because you really have very little authority on 00:35:11
code enforcement, but your decisions about land use ordinances may be informed by code enforcement and what's working and what's 00:35:17
not. And so I wanted to frame the conversation in terms of. 00:35:24
What are your authorities? How does it work and relate to state law? And then when we look at code enforcement, how might that 00:35:31
process? 00:35:34
Perform the work that you all are tasked to do. 00:35:38
So cities have land use authority needs to be the same in Utah. They're creatures of the state and you're given the authority to 00:35:41
adopt your own land use standards as long as they're consistent with federal law. With state law, you have to have a Planning 00:35:47
Commission, you have to have land use and appeal authorities, you have to adopt A general plan and have a process for considering 00:35:53
any new land use application. And then LUDMA has general themes that are consistent with property rights of individuals and where 00:35:59
there's tension in the. 00:36:05
Often, uh, forces cities to interpret their ordinances and to look at matters in a way that favors the applicant and not the city. 00:36:11
And so it can sometimes feel a little bit like you're running uphill, uh, as a Planning Commission and as a city when you're 00:36:19
trying to adopt your ordinances. But, umm, a few things noted there. Once you write your rules, they're binding. And we'll talk 00:36:26
about that a little bit with code enforcement and how, how things are enforced. 00:36:33
Uh, land use ordinances have to be plainly written to be enforceable. Your process is very, very important. And when I say tie 00:36:43
goes to the applicant or the property owner, there's a provision in state law that if there's ambiguous language or a question 00:36:50
about interpretation, the interpretation is the interpretation proposed by the applicant. I'll also say in the same process, 00:36:57
sometimes applicants will say things are ambiguous ones. Clearly they're not. And so. 00:37:04
You do have to make a reasonable reason of what's in the statute and what's in the language. 00:37:11
Roles and responsibilities in the city. You have a legislative body, you have a land use authority. There are a few different land 00:37:17
use authorities now and then. You have an appeal authority. The legislative body is always the City Council and only the City 00:37:24
Council the land use authority. There are some land use decisions made by the council, some made by staff, some made by you and 00:37:30
some now made by this new entity that we have to do subdivision. 00:37:37
Applications and then you have to have an appeal authority and Vineyard, the appeal authority is contract hearing officer that 00:37:44
will hear appeals. 00:37:48
This is the framework of the most typical land use actions that come before a city legislation. We've talked a little bit about 00:37:53
that's your final adoption of ordinances, the final adoption of general plan, rezoned annexation. Those always happen at the City 00:38:02
Council level or the General Electric can do it through referendum or umm about initiative or ballot measure. 00:38:10
There are administrative decisions that can occur at a number of different levels, but these are things like conditional uses, 00:38:20
site plans, development agreements, subdivisions, code enforcement. You touch these things often. 00:38:26
Uh, I put code enforcement on the list. You don't touch that or have a role in that other than understanding how our ordinances 00:38:34
are being enforced and if it's working well. And then you would have a role in changing the ordinances if you wanted. And then 00:38:40
there's a quasi judicial function of the appeal authority or a court, uh, when they consider things like a variance and appeal or 00:38:46
judicial review of the decision that's made or actually taken. 00:38:52
So how does it all work? 00:38:59
In city code, these are your powers and duties. You're the recommending body for four things, and you're the approving body for 00:39:02
four things. So the things you recommend, you review and recommend the general plan, land use ordinances, and then any 00:39:09
applications to amend the general plan or ordinance amendments have to come through the Planning Commission. And then the City 00:39:15
Council may from time to time ask for your advice on matters that relate to land use. 00:39:22
In the city and you're an advisory body for those types of things. Umm, a recent example on that, and Chris is familiar with this, 00:39:29
is the. 00:39:34
The recent general plan amendment that related to data collection and data management and you all played a how to function in that 00:39:39
and then ultimately was approved by the City Council. 00:39:44
ERD approving body on a few things. So conditional use permits come to the Planning Commission, you make the final approval there. 00:39:50
Uh, certain subdivision applications will come to the Planning Commission at certain stages. Umm, there's less of that in the 00:39:57
future than what you're used to. Uh, which I, I think is a positive change in the last as long as we monitor what's happening with 00:40:04
that and understand how we need to modify or tweak our ordinances. 00:40:11
Uh, to accommodate if there's a question about interpretation of a zoning district or a zoning boundary that's delegated to the 00:40:19
Planning Commission. So you would decide that interpretation and then your own bylaws, policies and procedures you have control 00:40:25
over. 00:40:30
Any ordinance adopted by the City Council can be challenged by lawsuit or referenda. 00:40:37
There really are four ways that something can be challenged. You didn't follow the right process. It's not constitutional. It 00:40:44
violates federal law. It violates state law. 00:40:49
And then on a referenda, any newly adopted ordinance, there can be a petition if they get enough signatures, a complicated 00:40:54
process, but essentially if they get enough signatures, they can put it on the ballot. We have had attempts. 00:41:01
At, uh, putting things to a vote here in Vineyard in the last few years, there have there have been petitions, there has been 00:41:09
signature gathering, but they have not met the signature gathering threshold to get it on the ballot. UMM Holdaway Fields was the 00:41:15
most recent one that was challenged in that way. 00:41:22
Uh, let's go through each of these real quickly just so you understand how the challenges come about procedural challenges. So 00:41:31
once we, if we put a procedure in our loss, we have to follow it. If we depart from that, then we're, we can open ourselves to 00:41:37
lawsuits and can be challenged on that basis. So you do want to be careful when you create ordinances that if you create a 00:41:43
process, it's a process. We have the capacity. 00:41:49
The staffing levels, the ability to. 00:41:55
Carry out, uh, usually what you'll see here is a failure to follow the notice and hearing requirement under state law. If you 00:41:58
don't give proper notice, you don't publicize it correctly, or you don't give notice of enough time, then the city's action can be 00:42:04
challenged. 00:42:10
Constitutional challenges. There are really three types. Due process comes under the 14th Amendment. This gives everybody the 00:42:17
right, umm, to be heard, to be represented by council and to examine witnesses on anything that relates to their property or if a 00:42:24
property right is taken away. This includes things like conditional uses or, or those kinds of approvals. 00:42:32
You have, umm, equal protection, as if a law, uh, isn't applied to one group or person equally, that sometimes can be on its face 00:42:40
and sometimes can be in the application of the ordinance if there are certain groups that are harmed by it. And then take 00:42:47
insurance anytime you take somebody's property without paying them for it. 00:42:53
There are three types of reviews that you'll see in court, strict scrutiny, intermediate scrutiny and rational basis. Here's 00:43:02
essentially what they mean. If the challenge is that the law it doesn't apply equally to other individuals or affect the 00:43:08
fundamental right, then the courts look at it with the most strict of lends and so they will look at what the government interest 00:43:15
is in the regulation. 00:43:21
They'll look at the regulation itself, and the regulation have to be the most narrow. 00:43:28
It can be to regulate what's being targeted. Umm, sign ordinances are one that fall under strict scrutiny and they have to be 00:43:34
narrowly tailored, umm, the courts, what they call them as time, place and manner restrictions. But when you, you can't just make 00:43:42
a sign ordinance that, you know, says, uh, we don't like websites. You'd, you'd have to have something that. 00:43:50
Relates exactly to what you're trying to regulate. 00:43:59
Intermediate scrutiny, uh, if you had ordinances that applied only to certain gender classifications or. 00:44:04
Things of that sort then you have to show that an important governmental objective is being regulated and that the ordinance is 00:44:12
quote substantially related to achieving that objective. A little bit less than scrutiny, but still quite a high standard and then 00:44:21
rational basis. And this is what applies to most land use ordinances is simply that you articulate some policy reasons for. 00:44:30
Supporting that piece of legislation. And so when you are regulating land use, in most circumstances it will fall in this 00:44:41
category. 00:44:45
Umm, you know your your ordinance could be. 00:44:50
I'd like bikes more than cars, and so I'm gonna provide just as much parking for people on bikes as I am for cars and it it 00:44:53
doesn't matter in that circumstance. 00:44:59
Uh, whether you have data to support that decision. If if that's your preference and your your wish, then you can do it. 00:45:05
Where it gets a little bit tight with planning commissions is that you have some things you do that are legislative. And if it's 00:45:14
legislative, more often than not it's going to be this rational basis standard and all you have to do is articulate a policy 00:45:19
preference or a policy reason and have that on the record. If it's an administrative decision, you have to have, quote, 00:45:25
substantial evidence. 00:45:31
And that means you have to have things in the record. And this is the reason why, umm, you'll get advice from me of don't meet 00:45:37
with applicants outside of the meeting. Because if you gather information from them, that is what you use to make your decision 00:45:44
and it's not introduced in the record or part of the official proceedings of the Planning Commission, then I can't defend the 00:45:50
action that the Planning Commission takes. 00:45:57
And that's also the reason why if you do on your own time, visit a site or gather any information about the decision you have to 00:46:04
make, be sure to bring that information into the meeting, make it part of the record. So an example, if you had a a conditional 00:46:11
use application before you for a preschool and you were in in home preschool and you wanted to go see the home, see what it would 00:46:18
be like for the pick up drop off. 00:46:25
How traffic would queue, You know, would it, would it extend out among around the block? 00:46:32
Umm, you might go visit the site at umm school, pick up and drop off hours to kind of get a sense for what the traffic impacts 00:46:38
would be. That's a perfectly acceptable way for making that decision. And that's evidence is perfectly good evidence for making 00:46:45
the decision. But if you never talk about it during the meeting, then you don't have it on the record and you would not have 00:46:52
anything to support the decision you made. But if you came to the meeting and said. 00:46:59
I went to the site I went on these days and at these times. 00:47:06
Here's what I observed and you explained that and then that's on the record. That would be the kind of thing that would be 00:47:10
required if you're making a more complicated decision and you wanted to have an understanding of traffic patterns, parking needs, 00:47:16
those kinds of things. And what how you would get substantial evidence as you would umm, ask for a parking management plan or ask 00:47:23
for the traffic impact study or something of that sort. 00:47:29
To to buttress your decision. 00:47:36
Ports, I'll just note final thing here is quartz, as long as you do have substantial evidence, courts are very deferential in Utah 00:47:42
too, good decisions of municipalities. They're not going to substitute their judgment for years. 00:47:48
OK, code enforcement. There is a line on that. 00:47:55
I know this is small text, but I wanted it to be in the version of the presentation that goes to you. 00:48:18
Umm, keep in mind as we talk about this, the Planning Commission doesn't play an active role in code enforcement, but it can be 00:48:25
helpful to understand what options the city has when it enforces city code. There are two general categories. You can enforce 00:48:32
things with criminal penalties. Umm, that criminal is, you know, just as you would think somebody can serve jail time or pay 00:48:39
fines. 00:48:46
For a criminal violation or you can do Civil Code enforcement and there's. 00:48:54
Three different columns under Civil Code enforcement that we'll see. A citation is more for a one time violation. So if you think 00:48:59
of a traffic ticket or if you were to ticket somebody for not cleaning up after their dog at the park, or you were to ticket 00:49:06
somebody for parking improperly, umm, that's what we're talking about with the citation. Citation typically relates to individual 00:49:13
behavior, not violations on property. 00:49:20
Umm, and then citations will escalate. So in Vineyard you have $100 for the 1st, 200 for the 2nd, 400 for the third, umm, and so 00:49:28
on. 00:49:33
On civil abatement, if you have a violation that will continue to exist unless it's fixed, then you can, uh, give somebody notice, 00:49:41
give them a time frame to fix it, and then if they don't fix it within that time frame, then you can begin accruing penalties or 00:49:47
fees. 00:49:53
Uh, the requirement in Vineyard is that you give a note to violation and then at least 10 days secure. These are your situations 00:50:00
like weeds on a property. 00:50:05
Inoperable vehicles on a property. 00:50:11
Mobile homes or those kinds of things, improperly parked. If you had, uh, an unpermitted structure, you could go after it in this 00:50:14
kind of a way. If you had, uh, building that creates, uh, nuisances and eyesore because it violates city code, you could go after 00:50:21
it that way. 1° up from that is what we call a nuisance violation. A nuisance is any time you have a threat to public health, a 00:50:28
threat to public safety, or a threat to public welfare. 00:50:34
That either injuries or has the reasonable risk of injuring. 00:50:42
A person or a person's use of property. And so we talked on abatement of things like leads that might be unsightly or umm, bad. If 00:50:48
the weed condition got so bad that they, you know, grasses and, and things had grown to where you're worried they're gonna spread 00:50:56
on other properties, then it might reach an abatement level. Umm, but more often abatement is when your weeds are gonna be so bad 00:51:03
that they pose a fire risk. And so you would need to remove them before. 00:51:10
That risk comes about or if you have chemicals on a property or. 00:51:19
Uh, something of that sort nuisance of cities have, uh, an additional enforcement tool in that abatement that they can go in and 00:51:24
fix the nuisance and then charge the property owner for that cost. There are some procedural aspects to it, but against the city a 00:51:31
lot more authority. And then the really big thing it does for a city on a nuisance abatement is you can recover the cost of a 00:51:38
nuisance violation by putting the tax lien against the property so you don't have to go to court. 00:51:46
The judgment to collect, umm, you can just collect it as a delinquent tax. Jamie, real quick, uh, we, we had questions with moving 00:51:53
or how we are no longer able to do the landscaping bond, umm, for development due to the state law. So for code enforcement, would 00:52:01
that fall under the abatement category where they provided these plans? They're not, you know, planting the trees or whatever. I'm 00:52:08
glad you're out. So, so there, there are two things. There are two things that newly will be. 00:52:16
Problems for cities that relate to code enforcement 1 is what Cash just mentioned that you can't require the landscaping bond. And 00:52:23
so if landscaping is not put in umm with a bond, it's nice because you have a resource you can tap into that just put install the 00:52:31
landscape or compel that. If you look installed, we now will be in a situation where if the developer owns the property and it 00:52:38
hasn't been landscaped, you can go after the developer. But in most circumstances I think. 00:52:45
End up going against homeowners to force that landscape into occur. I don't love that because I think you're gonna have some 00:52:53
homeowners that won't understand that they have that responsibility when they buy the home to complete the landscaping within a 00:53:00
certain amount of time. They're not as resourced as the developer is and where you don't have a bond. 00:53:07
It's just always cleaner if you have either a cash bond or an insurance product that you can go after. There's a city within its 00:53:15
legal rights to at the time of issuing a certificate of occupancy. If they find that the landscaping hasn't been installed, umm, 00:53:22
that they're able to cloud the title, which will then make it create a incentive for the developer to remove that cloud because no 00:53:29
one would wanna buy a house with the cloud entitled. Great, great question. Umm. 00:53:36
Eventually yes, but not it's not as simple as flipping this way flipping the switch. 00:53:44
Have to follow the due process of citation 30 days notice. So what what the circumstance you end up in really is if the home is 00:53:48
completed and then sold within a short amount of time by the time the city issues the notice and provides due process, the 00:53:56
developer's got right and it yes and you eventually can get to a point where maybe it would go against the title. But if you're 00:54:03
looking at the column on your sheet that is civil abatement. 00:54:10
You would not be able to. 00:54:18
Put a lien against the title until you have a hearing before an administrative law judge and you go to a District Court and have 00:54:20
that judgment perfected and then you would do it as a judgment lane. Umm, if it's a nuisance level violation, which it rarely 00:54:27
would be right for landscaping unless you have some kind of safety hazard. Umm, then it's a little bit abbreviated, but you still 00:54:34
have to do the 10 days notice. 00:54:40
Could could we have a requirement in code that if a developer doesn't need obligation for landscaping and they sell the property, 00:54:48
but during the, uh, certificate of occupancy review or you know, yeah, we know this is documented. It wasn't done until it is 00:54:55
rectified by the developer. Even if they sell it, they could not get an additional, any new building permit. 00:55:02
I don't believe you could do that with the new state law prohibition. 00:55:11
Yeah. So that's it. I'll look into it. That's a good question. What you're essentially asking is are there other sticks that apply 00:55:16
right, Yeah. And we don't want homeowners to be stuck with something that they they have no idea they're taking on a liability 00:55:23
that's developed. What we used to be able to do is a bond and withhold subscription of options complete which were important for 00:55:30
the self arrive because they can't sell the home and and transfer tile until they get ACFO. 00:55:37
Umm, those are taken away from us. So that takes me to the second thing that is limiting and it's that the state law no longer 00:55:45
allows you to withhold CFO except for umm, life and safety kind of issues. So if you, if you had a home that didn't have, you 00:55:52
know, water or heating or, or. 00:55:58
The roof properly installed or things like that, with that life and safety, you could withhold the CFO or if you have an unsafe 00:56:06
condition, you could withhold CFO. But if all that you have is the landscaping is not done or the home is not painted, you lose 00:56:14
the ability to withhold the CFO in that circumstance. And so you have to kick over into Civil Code enforcement. 00:56:22
Process and it should get It's a far more labor intensive process for a city to go through in that way and your chances of 00:56:32
recovering an amount that exceeds your costs or. 00:56:38
Are pretty tough. 00:56:45
Yeah, yeah. Anyway, that's the general overview of administrative code enforcement. You won't play a huge role, but it's it's 00:56:49
helpful to know how to interact. 00:56:54
Umm, the ordinances that you pass and kind of how the whole process works. So any other questions or discussions? OK, that's it. 00:56:59
Thank you. 00:57:04
I guess this brings me to something that, uh, I had mentioned in the past, umm, because while we don't do code enforcement, we do 00:57:11
make ordinances. We can make ordinances that have code enforcement for them. Uh, and, and, uh, one of the things we talked about 00:57:19
previously was, uh, making it so that when somebody signs a rental agreement that there would be a page in the rental agreement 00:57:26
that says that they have a specific amount of parking spaces. 00:57:34
And that those people would have to sign that rental agreement just so that they know that they have X amount of parking spaces. 00:57:42
Uh, and umm, it could be something that the city can use when people come in and they're like, hey, I don't have enough parking. 00:57:49
It could be like, well, you signed this page that says that you have this much parking. Umm, I think it could be a way to kind of 00:57:57
ease the burden on the city. Umm, and I feel like as far as code enforcement goes, if develop. 00:58:04
Not developers, but people that are renting out their units or something, umm, aren't putting this in their, uh, rental contracts 00:58:11
that they would have a citation of some sort. Is that something that we can work on? Yeah. So our Maria, she's our fairly new, uh, 00:58:19
enforcement, umm, person. Umm, she is, uh, she kinda picked up on Kiana's work on a landlord program that the city could 00:58:26
implement. So she's just been studying how other cities in the area do something like that. I, I don't, I'm not familiar with. 00:58:34
Any of them that do like a letter of understanding regarding parking. Umm, but, but that is something that, that I'll have her 00:58:41
look into to include in the program. OK. I think it, I think it could be beneficial because a, a big complaint for people that 00:58:49
come to the city with parking issues is because either they didn't know how many parking spots they had or they were told 00:58:56
differently than what is actual. And so, uh, if this is in their rental contract, then a is a, a renter the person. 00:59:04
I'm renting out a unit have to prove that they have a parking spot for them and, uh, the, the person knows when they're renting, 00:59:12
like pay is one spot, so I can't have four cars. So yeah, if we, if we could work on that in the future meeting, I think that 00:59:19
could be really beneficial to the city. Can I ask a question related to that? Yeah. Uh, does the city currently have any kind of 00:59:26
rental registration requirements or database or incentive to register? 00:59:33
Properties that are we, we don't. The only thing that we do have is that when the renters need to pay the bill like utility bills, 00:59:40
they do have to call in and get put on to the the property somehow. So are are utilities clerks do actually have that information? 00:59:47
Of of rentals. Umm, but but that's it right now, that's all that we really have, OK. 00:59:55
So that, that's what Murray is doing this research on is how to implement this program going forward so that we can, because 01:00:01
Vineyard does have a lot of rentals, yeah, make sure that that our renters are being protected, like I said, with them 01:00:06
understanding the, the parking situation and same thing with occupancy. Umm, we could include that in that letter saying I 01:00:12
understand that the maximum occupancy is, you know, unit is 4 people and that that would, that really would help if that was the 01:00:17
enforcement, yeah. 01:00:23
The business licenses that we require on we, we don't require business licenses for rentals. 01:00:29
Just a just accessory dwelling unit. So I know what some communities do is umm, in order to track whether uh, rental is a long 01:00:35
term rental or short term rental to then ensure that short term rentals you're collecting POT taxes for. And if you have some kind 01:00:42
of registration to say, hey, this is a long term rental. So therefore I don't need to pay POT. Umm, and then you now know where 01:00:50
all of the rentals are. So therefore you can have these. 01:00:57
No, no, no, that's not gonna include that in, in my notes. And we can, I can work with Maria on that and hopefully we'll have 01:01:31
something in, in the next few months on this kind of program that we can look into implementing from. Awesome. Thank you, Tash. 01:01:37
Alright, uh, as far as Commission member reports and expertise discussions, disclosures, anybody have anything? 01:01:42
Nothing, anything from staff. Umm, I do have one update. Umm, we did get awarded a bicycle friendly community bronze level once 01:01:51
again. That's something we can get certified every four years. Umm, and so we, we got that this last year, umm, and, and our 01:01:58
bicycle advisory Commission can now use our report card to see kind of what areas we're, we're struggling in and what we can 01:02:04
improve. So hopefully the next time we meet up, we can maybe get to the. 01:02:11
First level. 01:02:18
Anything else, Morgan, you got anything? Go for gold. You had a couple things. Umm, so you know, umm, the City Council might, I 01:02:21
don't know the reason. We're just going to, let's say umm, to hold City Council meeting on January 21st. So umm, we will not have 01:02:27
Planning Commission. 01:02:33
Oh, I'm sorry. February 21st, ma'am. 01:02:40
So, umm, our next meeting will be on March 6th and we'll have, we'll have quite a few items. One of those items is gonna be umm, 01:02:46
Anthony presenting our updated waterfront master plan specifically for not the full time, but it's the vineyard beach area. Uh, he 01:02:54
has worked really hard for 100 plus hours over the last, uh, let's say the last month we really just as on spot and helping design 01:03:01
and manage a large team of professionals and done just amazing jobs. Umm, just. 01:03:08
Monday, he presented before a TTAB board. That's the tour tax Tourism. 01:03:16
Trans something, something to our Advisory Board. Yeah. So they, they, umm, they provide recommendations to the, umm, the Utah 01:03:24
County Commission, umm, and so we were able to get a 24 month extension on our, our grant that received a few years ago. It's, 01:03:29
it's taken a lot of planning so we need a little bit more time. Uh, they, they love the plan and we're hopefully gonna. So that's 01:03:35
a $3,000,000 grant that we have umm. 01:03:40
And we're looking for other umm, you know, Washington ways of getting, getting some more, some more funds to that umm, And so 01:03:46
that'll be pretty exciting. So he'll provide an update on on March 6 and provide kind of that same presentation that was given to 01:03:52
the county. So that should be exciting. Umm, we do have umm, the Utah IPA. I think we've brought this up before the Cedar City 01:03:58
conference, May 10th through the 12th. Umm, so we have. 01:04:04
Day day going umm. If anyone else would like to go, let us know. 01:04:11
OK, Yeah, if you wanna verify that and then. 01:04:16
Umm, those that wanna go, let, let us know and we'll, we'll, we'll get you signed up and the city will, will Co We, we budget it 01:04:19
for it. So if you could just send Anthony an e-mail just saying that even if you're interested in going right now, that way. So 01:04:25
that's may, uh, 10th through the 12th. I just have to, I have my kids that week, so you can bring them. It's gonna be a shuffle. 01:04:31
We'll get you A2 bed, hotel room. 01:04:37
Four kids, that's great. We, we, we can't buy them food. We can buy you food. 01:04:45
Just eat a little bit. I'll just send them off into the street. OK, fine. 01:04:51
Well, that'll be a really fun one. Umm, and they haven't announced the umm bike Utah Summit yet, but most likely that'll be in 01:04:56
May. Yep. Uh, I messaged them about that this week and they wrote back and said that they're not doing it this year, but they're 01:05:02
doing some other something else in the fall in in place of it. It's not like specific, but it's something something else with some 01:05:09
other group that's in places look like some. 01:05:16
You guys got anything? No. 01:05:52
OK, cool. All right. Do I have a motion to adjourn? 01:05:56
I move to adjourn. 01:06:01
So the privacy bill is out. 01:06:13
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