On the agenda: Kaysville Planning Commission Meeting 10-22-2026 — data center (Oct 22)

Kaysville City Planning Commission
Meeting Notice and Agenda
The Kaysville City Planning Commission will hold a regular meeting on October 22, 2026, at 7:00 PM in the
Council Chambers of the Kaysville City Municipal Building located at 23 East Center Street. The public is
encouraged to attend in person or may view the meeting online via www.Kaysvillelive.com.
1. Welcome and Meeting Order
2. Declaration of Conflict of Interest
3. Public Hearing for a zone change for a property located at 472 North Main Street (parcel #11-7910101) from R-1-8 (Single-Family Residential) to GC (General Commercial) with a MU (Mixed-Use)
Overlay.
4. Discussion of Buffering and Compatibility Standards for GC (General Commercial) Properties Adjacent
to Residentially Zoned Properties.
5. Approval of the minutes from the October 8, 2026 Planning Commission Meeting
6. Other matters that properly come before the Planning Commission
a.

Reports

b.

Correspondence

c.

Calendar

7. Adjournment

On a Notice of Meeting was posted in accordance with Utah State Code Section 52-4-202 (3).
Kaysville City is dedicated to a policy of non-discrimination in admission to, access to, or operations of its
programs, services, or activities. If you need special assistance due to a disability, please contact the Kaysville
City Offices at (801) 546-1235 at least 24 hours in advance of the meeting to be held.
Mindi Edstrom
Community Development Department

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PLANNING COMMISSION STAFF REPORT
TO:

Kaysville City Planning Commission

FROM:

Brad McIlrath, Community Development Director

DATE:

October 12, 2026

Agenda Item #3: Public Hearing for a rezone request for property located at 472 North Main Street
(Parcel #11-791-0101) from R-1-8 Single-Family Residential to GC (General Commercial) with a MU
(Mixed-Use) Zoning District Overlay
Meeting Date

October 22, 2026

Application Type

Rezone

Applicant | Owner

Chadd Watson

Address | Parcel ID Number

472 North Main Street | 11-791-0101

Lot Size

0.443 Acres | 19,297.08 Sq. Ft.

Current Use

Single Family Residential

Current Zoning

R-1-8 Single-Family Residential

Requested Zoning

GC (General Commercial) with a MU (Mixed Use) Overlay

1. BACKGROUND
Chadd Watson is requesting approval to rezone Zoning Map
the subject property to operate his own
insurance agency on the and live on the same
property. Mr. Watson is the applicant and
Subject Property
property owner. If approved, Mr. Watson
intends to operate his insurance agency on the
first floor of the existing building and reside,
with his family, on the second floor. According
to Davis County records, the overall square
footage of the residence is 2,492.5 square feet.
The office space will occupy approximately 932
of the 1,346.7 first floor square footage. The
second floor will be used exclusively for the
residence with a square footage of 1,145.8
square feet.

GC

R-1-8

R-4

As shown on the conceptual site plan, the applicant plans to provide five customer parking spaces
with access from Main Street via the existing driveway and three employee parking spaces with
access from the private drive to the east. The project will include the installation of a
ground/monument sign for the insurance agency. The sign is proposed to match the exterior brick

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design of the building. There are no proposed exterior or interior modifications to the building to
accommodate the proposed insurance office.
According to the Kaysville Historic data, the residence was originally constructed around 1900. The
structure was placed on the National Register of Historic Places on February 2, 2006. Kaysville City
doesn’t currently have a historic preservation ordinance; however, the structure will need to be
maintained in accordance to the standards of the national register designation.
As outlined in Kaysville City Code (KCC) 17-27 “Mixed-Use Zoning District Overlay”, all MU projects
require a development agreement upfront to solidify details of the intended project, phasing and
other details. Further details regarding the project and the development agreement are provided in
subsequent sections of the staff report.

2. SURROUNDING LAND USE AND ZONING
Direction Land Use
North

Single-Family Residential

East

Single-Family Residential
Single-Family and
Townhome Residential
Commercial and Multifamily Residential

South
West

Zoning
R-1-8 (Single-Family Residential) &
GC (General Commercial)
R-1-8 (Single-Family Residential)
R-1-8 (Single-Family Residential) &
R-4 (One- to Four-Family Residential)
GC (General Commercial)

3. 2022 GENERAL PLAN
A. FUTURE LAND USE MAP
Chapter 1 of the 2022 General Plan, which General Plan - Future Land Use Map
covers Land Use and Placemaking includes
Single Family
the Future Land Use Map. The future land
Residential
use designation for this property and others
Subject Property
along Main Street is “Mixed-Use –
Commercial/Residential” as seen in the image
to the right. As described on page 16 of the
Open Space
General
Plan,
the
Mixed-Use
Commercial/Residential designation, “is
intended to mix both small-scale commercial
and multifamily residential uses in creating a
Mixed-Use –
Multifamily
vibrant downtown destination district.”
Commercial/Residential

Residential

The Kaysville City Center section of Chapter 1
provides further detail regarding this land use
designation. The following are identified in a
paragraph that further describes this future land use designation on page 19 of the General
Plan. In relation to this request, the Mixed-Use Commercial/Residential designation is intended
to:

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•
•
•
•

Help transform the City Center into a true live/workplace.
Provide transitional uses that purposely blur the line between residences and business.
To provide buildings that are similar in scale and height to those of commercial/office
areas.
Have the primary mix of uses vertically within buildings.

B. GUIDING PRINCIPLES
As part of the General Plan public outreach and adoption process, five guiding principles (p. 5)
were established that all goals and objectives of the plan were measured against. An analysis of
each of the guiding principles with relation to this rezone request is provided below.
1. Stay True to Our Heritage – We will preserve and enhance Kaysville’s peaceful, small-town
atmosphere through careful planning that respects the city’s history and sense of place.
Staff Analysis. The proposed mixed-use project helps preserve the history and sense
of place of Kaysville by continuing to use the property for residential use while
adding an office use that will be compatible with the surrounding single-family
residential uses.
2. Improve Mobility and Connectivity – We will create sustainable multi-modal corridors that
absorb growth, reflect our community and connect to our region.
Staff Analysis. The proposed mixed-use project is located along Main Street that
includes access to motor vehicle, bus, and active transportation options. By locating
a mixed-use project along a multi-modal corridor, the use is provided with multiple
transportation options for residents of the home and customers of the business.
3. Enrich Our City Center and Downtown – We will enhance our city center with commercial
and mixed-use development and investing in streetscape and parking.
Staff Analysis. The proposed mixed-use project will enhance the city center with the
introduction of a commercial mixed-use development with parking that is screened
for an enhanced streetscape.
4. Provide Diverse Housing Options – We will work to preserve our existing neighborhoods
while accommodating a full range of housing opportunities to meet economic, lifestyle and
life-cycle needs of our residents.
Staff Analysis. The proposed mixed-use project is designed in a way to be compatible
with the existing neighborhoods and will provide an additional housing option as a
vertical mixed-use live/work building.
5. Preserve Our Open Space, Trails, and Natural Resources – We will encourage the
preservation of open space through clustered development and the protection of foothills,
natural drainages and remaining agricultural areas.
Staff Analysis. The proposed mixed-use project does not impact any current of
future planned open space area. The conversion of the existing residence to include
multiple uses aids in the preservation of open space areas in the city with greater
utilization of the existing property and reducing the need for development of vacant
or open space land elsewhere in the city.
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C. GOALS, OBJECTIVES, AND IMPLEMENTATION MEASURES
The General Plan includes goals, objectives and implementation measures at the end of each
chapter. The following is an analysis of applicable goals, objectives, and implementation
measures.
Chapter 1 Land Use & Placemaking Plan
Goal 2: Make Kaysville City Center Distinct and Identifiable from Adjacent Neighborhoods
and Surrounding Cities.
Objective 2.3: Carefully integrate new development with existing uses in established
neighborhoods.
• Implementation Measure: Preserve historic structures in order to maintain the
sense of history and special qualities of the historic core.
• Implementation Measure: Respect the unique character and context of each City
Center neighborhood. Redevelopment should be sensitively designed and located,
particularly when incorporating parking and in proximity to adjacent established
residential neighborhoods. Appropriate placement of uses and the provision of
aesthetically appealing buffers between differing uses are tools for consideration.
• Implementation Measure: Reuse existing buildings where possible. Retrofit and
repurpose rather than preplacing older structures, particularly in areas with unique
vibes such as the historic core and Flint Street. This provides stability and
connections with the past, particularly in areas undergoing significant new
development and change.
Staff Analysis. The proposed mixed-use property preserves the historic structure.
Specific standards for additions and modifications to the structure outlined in the DA
provide additional support for the preservation of this historic structure. The proposed
project is placing the most intensive parking lot area between the building and Main
Street which will have the least amount of impact on the established neighborhood to
the east. The reuse of the existing building helps preserve the historic character of this
corner and reduces the impact that new construction would have on the adjacent
residential uses.

4.

MIXED USE ZONING DISTRICT OVERLAY

The MU overlay is intended to facilitate the integration of compatible uses into a single
development. This can occur in either a ‘horizontal’ design with where commercial, office, and
residential uses are constructed within a single project but in separate building footprints, or in a
‘vertical’ design where commercial, clean industrial, office, and residential uses are constructed
within the same building footprint. All projects within the MU overlay shall be approved through a
development agreement (DA) with sufficient project details to show compatibility with city code.
KCC 17-27-3.2 outlines specific use standards that should be considered with the application of the
GC zone with the MU overlay. Subsection 17-27-3.2.b provides the following considerations for
commercial space with a project.

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•

Ground floor commercial is required on buildings which front arterial and collector streets.
The ground floor commercial provided for this use along Main Street complies with this
standard.

•

A minimum of thirty percent (30%) of the combined total of the square footage for all
buildings in the project shall be commercial space. As outlined in the background section of
this report, the total square footage of the building is 2,492.5 square feet. The ground floor
commercial office space provided is approximately 932 square feet. That equates to 37.3%
of the building square footage.

•

Parking shall not be counted towards the commercial space required. The project complies
with this consideration.

These standards and all others of the MU overlay are addressed in the development agreement for
this project. Details of the project and DA are provided in the following section.

5.

DEVELOPMENT AGREEMENT

Per the requirements of the MU overlay zone, a draft DA has been created to solidify the details of
the project should the City Council elect to approve the rezone. A copy of the full DA is included as
an attachment to the staff report. The following are key terms of the DA.
A. PARKING
As shown on the conceptual site plan, the project will utilize the existing driveway to provide
resident parking and to provide access to a customer parking area. The customer parking area
will include five spaces with one designated as a van accessible ADA parking space. Employee
parking is planned for a parking area with access from the private drive to the east of the
property. The applicant is required to obtain written approval for the access to the employee
parking area and to hard surface and strip both the customer and employee parking areas. All
parking on the property is required to abide by applicable standards of KCC 17-32 “Off-Street
Parking and Loading.” The DA spells out the specific parking standards that apply. At a
minimum the owner agrees to provide:
•
•
•

2.5 parking spaces for the residence;
3 parking spaces for the employees; and
5 parking spaces for the customers.

B. COMMERCIAL AREA OF BUILDING
The ground floor is required to be used for the commercial area. The square footage of the
commercial office area shall not be less than 747.75 square feet in order to comply with the
30% standard outlined in the MU overlay zone.
C. ARCHITECTURE AND BUILDING MATERIALS.
The architecture of the building is required to be maintained. Any additions or modifications
shall not substantially alter the appearance of the building. Any additions or modifications to
the building that would alter the appearance will require an amendment of the DA.
D. BUILDING HEIGHT AND ROOF PLANE

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The building height is to be limited to thirty feet (30’) and all new roofs or modifications are to
incorporate the same architectural style and slope of the building that existed on the date the
DA was executed.
E. SETBACKS
The GC zone does not have specific setbacks, except that along a property line that abuts a
residential zoning district there shall be a twenty-foot (20’) setback. The MU overlay does not
have setbacks except for those spelled out in a DA. The properties to the north and east are
zoned R-1-8, which would require the twenty-foot (20’) setback outlined in the GC zone. Due to
the existing location of this historic building and the private drive to the east, the DA has been
written to maintain the eight foot setback along the north property line instead of the required
twenty-foot (20’) buffer setback required by the GC zone. As a historically single-family
structure, the DA established the standard setbacks of the R-1-8 Zone along all other property
lines. The following setbacks would apply to this project as part of the DA.
•
•
•
•

North property line side yard setback of 8’;
Rear yard setback of 15’;
Corner side yard setback of 20’ along Creekside Way; and
Front yard setback of 25’.

There are other standards of the DA that address property landscaping and maintenance and
signage that shall comply with standards of Kaysville City Code.

6. PUBLIC NOTICE

In accordance with Utah State Law, a public hearing notice regarding the rezone has been posted. A
total of 100 public notices were mailed to property owners within 500’ of the subject property on
October 8, 2026. A public hearing notice sign was placed on the property on Tuesday, October 16,
2026.

7. RECOMMENDATION
Staff recommend that the Planning Commission forward a recommendation of approval to the
Kaysville City Council for the requested rezone request from R-1-8 (Single-Family Residential) to GC
(General Commercial) with a MU (Mixed-Use) Zoning District Overlay for the property located at
472 North Main Street (Parcel# 11-791-0101). Staff’s recommendation is based on the following
findings:
1. The proposed mixed-use development aligns with and is supported by future land use map
as well as goals, objectives, and implementation measures of the Kaysville City General Plan.
2. The proposed use will be compatible with surrounding residential uses as it provides the
least impactful improvements as possible to accommodate a mixed-use building.
3. With approval from adjacent property owners for access along the private drive and in
compliance with Kaysville City Code standards, the parking and access for the site will be
sufficiently addressed.
4. The proposed use aligns with applicable development standards of the GC (General
Commercial) and MU (Mixed-Use) overlay zone.
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5. The development agreement addresses development standards of Kaysville City Code and
site-specific conditions.
6. With compliance with Kaysville City Code standards, the proposed use will contribute to and
not detract from the health, safety, and general welfare of Kaysville City.

8. ATTACHMENTS
1. Conceptual Site Plan
2. Draft Development Agreement

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When recorded return to:
Kaysville City
23 East Center Street
Kaysville, UT 84087

DEVELOPMENT AGREEMENT FOR
PARCEL ID 11-791-0101 AT 472 NORTH MAIN STREET
THIS AGREEMENT is made and entered into this __ day of ____, 2026 by and between
Kaysville City, a municipal corporation organized and existing under the laws of the State of
Utah (hereinafter the “City”) and Chadd Watson (hereinafter the “Owner”).
RECITALS
WHEREAS, Owner is desirous of rezoning and redeveloping certain real property located
at 472 North Main Street, Kaysville, and more particularly described as parcel number 11-7910101 which is 0.443 acres in size (“the property”) as GC (General Commercial) with a MU
(Mixed Use) Zoning District Overlay for the purposes of converting the building for mixed-use
(the “Project”); and
WHERAS, the Property Location Map is attached hereto as Exhibit A and the legal
description is attached as Exhibit B; and
WHEREAS, The City is willing to grant the approval of rezoning subject to the Owner
agreeing to certain requirements and restrictions of use and development within the property;
and
WHEREAS, the proposed development and use of the property is consistent with the
goals and objectives of the Kaysville City General Plan (Adopted August 18, 2022),
WHEREAS, development of the property pursuant to the terms of this Agreement is in
the best interests of the City and the health, safety, morals, and welfare of its residents; and
WHEREAS, the Owner agrees to proceed with the development and use of the project
subject to the terms of this Agreement.
NOW, THEREFORE, in acknowledgement of the mutual covenants and conditions set
forth herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties agree as follows:
AGREEMENT
1. CONDITIONS PRECEDENT
This Agreement shall not take effect until:
A. The Owner has signed the agreement;

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B. The Kaysville City Council has approved the Agreement and the rezoning of the
property to GC (General Commercial) with a MU (Mixed Use) Zoning District Overlay;
and
C. The Mayor has executed this Agreement on behalf of the City.
2. GENERAL DESCRIPTION & STANDARDS FOR THE PROJECT
A. Area Description.
i. The property is located as shown on the Property Location Map, a copy of which
is attached as Exhibit A hereto and incorporated by reference herein.
ii. The property is located at 472 North Main Street, City of Kaysville, County of
Davis, State of Utah, and is further described in a legal description in Exhibit B,
and more particularly described as parcel number 11-791-0101 is 0.443 acres in
size.
B.

Project Description. The Project proposed is a mixed-use office and residential building
as shown in Exhibit C (the “Site Plan”). The Project includes:
i.

Conversion of the existing residence.
a. Current approximate square footage of 2,492.5 square feet.
b. Proposed approximate square footages:
1. Office Space. Office will occupy the majority the first floor with an
approximate square footage of 932 square feet of the first floor.
2. Residential Space. The residence will occupy all of the second
floor with an approximate square footage of 1,145.8 square feet,
as well as the remaining first floor area that includes the kitchen
and laundry room.

ii.

Parking. The Project will include parking for the residents, employees, and
customers in the following ways and as shown in Exhibit C:
c. Resident parking will be provided to the north of the building as part of
the existing driveway.
d. Employee parking will be provided in a parking area with access from
Creekside Way via private lane.
1. The Owner is required to provide a signed written agreement
from the owners of that private lane granting access to this
property for employee parking.
2. The Owner is required to pave and stripe the employee parking
area.
e. The customer parking will be provided in a new paved parking lot area
with access from Main Street via the existing driveway.
f. All parking and access areas shall comply with applicable City standards
outlined in Kaysville City Code (KCC) 17-32 “Off-Street Parking and
Loading.”

2

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C. Commercial Area of Building & Project Square Footage. Pursuant to KCC 17-27-3.2(b),
the project shall comply with the following standards:
i.
ii.

iii.

Ground floor commercial is required on buildings which front arterial and
collector streets.
A minimum of thirty percent (30%) of the combined total square footage for all
buildings in the project shall be commercial space. Therefore, no less than
747.75 square feet may be commercial/office space. The proposed square
footage of 932 square feet is equal to 37.6%.
Parking shall not be counted towards commercial space requirement.

D. Architecture and Building Materials. Owner shall maintain the architecture of the
building. Any additions or substantial modifications to the building that would change
the appearance of the building shall require an amendment of this agreement. Any
alternations or additions to the building shall be in harmony with the architectural
character of the building existing at the time this agreement is executed.
E. Building Height and Roof Design. Building height is defined as the vertical distance from
grade plane to the average height of the highest roof structure.
i.

No new buildings, whether commercial or residential, shall exceed 30 feet in
height.

ii.

All new roofs or modifications shall incorporate the same architectural style and
slope as existed at the time this agreement was executed.

F. Setbacks. The MU overlay allows variations in setback regulations. The underlying GC
zone requires a minimum twenty-foot (20’) setback for any yard area abutting a
residential zoning district. Due to the existing nature of the building and residential
zoning to the north, this agreement establishes that the minimum north side setback
shall be no less than eight feet (8’).
i.

The underlaying GC zone does not have setback any other setback requirements;
therefore, to maintain compatibility with the surrounding single-family
residential uses the setbacks shall meet the following minimum standards.
1. The side setback along the north property line shall be a minimum of 8
feet as stated above.
2. The rear setback along the east property line shall be 15 feet.
3. The corner side yard setback along the south property line along
Creekside Way shall be 20 feet.
4. The front setback along the west property line along Main Street shall
be 25 feet.

G. Required Parking. Parking shall comply with the standards of KCC 17-27 “Mixed Use
Zoning District Overlay.” Calculations for required commercial parking are based on the
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currently adopted KCC 17-32 “Off-Street Parking and Loading” and classified as Offices –
Business which requires 3.5 spaces for each 1,000 square feet of floor area.
i.

Residential Parking. Per KCC 17-27 Mixed Use Zoning District Overlay, 2.5
parking spaces are required for each 3-bedroom residential unit. The residential
portion of the building includes three bedrooms, therefore, Owner shall provide:
1. 2.5 parking spaces for the residential use of the building.
2. The existing driveway for the building shall be used for the residential
parking as shown in Exhibit C.

ii.

Employee and Customer Parking. Per 17-32 Off Street Parking and Loading, City
is classifying uses as “Offices - Business” which requires 3.5 spaces for each 1,000
square feet of floor area. With a commercial space area of 932 square feet the
total number parking spaces required is 3.26 spaces. The Project shall meet this
standard by providing the following as shown in Exhibit C:
1. Three (3) employee parking spaces; and
2. Five (5) customer parking spaces.

H. Landscaping. Owner agrees to plant vegetation and trees throughout the Project as
required per KCC. Owner:
i.

Shall install a landscape buffer of not less than ten feet (10’) between the customer
parking area along the front property line along Main Street.

ii.

Agrees that all current and future landscaping modifications on the property shall
conform with KCC 17-5 “Water Efficient Landscape Standards,” which includes but
shall not be limited to the following:
a. Turf or grass shall not be installed in park strips, areas less than 8’ wide or
landscaping in parking lot areas. If turf or grass in existing park strips or areas
less than 8’ wide is removed, it shall be replaced with water efficient
landscape plantings.
b. All new vegetation, including trees, shrubs, grasses, etc. shall be a selected
from water wise vegetations and materials in all landscaping areas where
reasonable.

iii.

Agrees to maintain an adequate visibility triangle per AASHTO sight distance
requirements at the intersection of Main Street and Creekside Way.

I. Signage. As shown on Exhibit C the Project will include the construction of a
ground/monument sign within the front yard landscaping along Main Street. Owner
agrees to obtain a building permit and abide by the sign standards outlined in KCC 17-33
“Sign Regulations.” Due to the historic nature of the building, Owner agrees to not
construct any business signage upon the building except for window signage.

4

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J. Findings of Compatibility. In adopting the Development Standards identified in Section
2, the City hereby expressly finds that the development of the Project, in conformance
with the Development Standards and this Agreement, promotes the creation of a
desirable Project in an appropriate location and is in harmony with the 2022 General
Plan. The City further finds that the development of the Project, in conformance with
the Development Standards and this Agreement, will not violate the general purpose,
goals and objectives of the City Ordinances and any plans adopted by the Planning
Commission and City Council.
3. MAINTENANCE AND CARE OF THE PROPERTY
Owner agrees to keep property, grounds and buildings in good condition, maintaining,
repairing, replacing, etc. all commonly owned ground, property, landscaped areas, parking
areas, driveways, sidewalks, park strips, lighting, benches, etc. Owner agrees to remain in
compliance with Kaysville City code.
4. ON-SITE PROJECT IMPROVEMENTS
Owner shall construct and install all site improvements, including utilities, required for the
Project, as outlined in this agreement or otherwise necessary to comply with development
standards of Kaysville City Code. Owner shall construct all improvements at Owner’s sole
cost and expense, in compliance with approvals, and all applicable ordinances, regulations,
standards as approved by the City, the secondary water provider, Central Davis Sewer
District, other providers and the State of Utah. Existing infrastructure which is damaged, in
disrepair or not meeting current standards, including but not limited to items such as broken
or heaving sidewalk, shall be replaced.
5. GENERAL REQUIREMENTS AND RIGHTS OF THE CITY
A. City Approval Required. The development plans, and any changes thereto, must be
approved by the City pursuant to the requirements of the Kaysville City zoning
ordinance and all other applicable provisions of the Kaysville City Municipal Code. In
addition to any standards, requirements, or regulations imposed by ordinance, the
development plans shall also be reviewed by the City to determine compliance with the
terms of this Agreement. This approval is in addition to any required City approval which
is directed to zoning, engineering or structural matters or compliance with building
codes and regulations or applicable City, State or Federal law relating to land use or
construction standards. The City’s determination, respecting compliance with the terms
of this Agreement, shall be final; provided that Owner reserves all rights as to the appeal
of any administrative determinations of the City.
B. Issuance of Permits. The Owner shall have the sole responsibility for obtaining necessary
permits and shall make application for such permits directly to the Kaysville City
Community Development Department and other appropriate departments and
agencies. The Owner shall submit and, prior to the date scheduled for construction,
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obtain building permit(s), and engineering permits as required, and thereafter diligently
prosecute such work as is authorized in such permits. Failure to timely file and to
diligently pursue the issuance of all permits shall be a breach of this Agreement and
grounds for termination of this Agreement at the option of the City and the exercise of
the remedies contained herein.
C. City Obligations Conditional. The obligations of the City, as set forth in this
Agreement, are subject to the condition that the Owner shall not be in default of its
obligations hereunder at any time; provided that obligations of City will continue upon
the Owner’s cure of any such default in accordance with Section 8.
D. Completion Dates. The Owner for itself, and its successors and assigns, agrees to
promptly begin and diligently proceed to complete the proposed development of the
subject area through the obtaining of all necessary building and engineering permits,
and after the issuance of such permits the subsequent construction of the platting
improvements thereon. Owner agrees to complete the subdivision process with
platting, bonding and recordation by December 31, 2027, and commence construction
within one year of subdivision recording. Once commenced, construction shall be
diligently pursued and shall be completed no later than two years from the date of plat
recordation.
E. Assignability. The Owner shall not assign this Agreement or any rights or
interests herein without the prior written consent of the city, except that, upon notice
to the City, the Owner shall have the right to assign and transfer this Agreement and
its rights and obligations hereunder to an entity controlled by or under common control
with the Owner, so long as any such entity shall consent in writing to be bound by the
terms of this Agreement. Any assignee approved by the City shall consent in
writing to be bound by the terms of this Agreement as a condition of the assignment.
The Owner shall not transfer, assign, sell, lease, encumber, or otherwise convey its
rights and obligations under this Agreement separate from its interest in the
project.
F. Successors and Assigns. This Agreement shall be binding upon the Owner and its
successors and assigns and where the term “Owner” is used in this Agreement, it shall
mean and include the successors and assigns of the Owner except that the City shall
have no obligation under this Agreement to any unapproved, or otherwise
unauthorized, successor or assign of the Owner.
G. Reserved Legislative Powers. Nothing in this Agreement shall limit the future
exercise of the police power by the City in enacting zoning, subdivision development
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and related land use plans, policies, ordinances and regulations after the date of this
Agreement.
H. Minimum Zoning Standards and Vested Rights. It is not the intention of this Agreement
to waive any existing minimum zoning standards, or to restrict the ability of the City
Council to enact additional standards in the future. The only vested right obtained by
the Owner in the approval of this Agreement as part of the rezoning, is the right under
the terms and conditions of this Agreement, to apply for site plan approval and building
permits.
I. No Joint Venture or Partnership. This Agreement does not create any joint venture,
partnership, undertaking or business arrangement between the parties hereto.
J. Third Party Beneficiaries. Any claims of third-party benefits under this Agreement
are expressly denied.
K. Agreement to Run with the Land. This Agreement shall be recorded against the
property. The agreement contained herein shall be deemed to run with the land and
shall be binding on all successors in the ownership of the project area.
L. Integration. This Agreement contains the entire agreement with respect to the
subject matter hereof and integrates all prior conversations, discussions or
understandings of whatever kind or nature and may only be modified by a subsequent
writing duly executed by the parties hereto.
M. The parties represent that each has the requisite authority to enter into this Agreement
and that the same has been duly authorized by all necessary or
appropriate corporate or regulatory action.
N. Access to the Project Area. The City, for the purpose of inspection, and whenever
and to the extent necessary, to carry out the purposes of this and other sections or
provisions of the Agreement shall be permitted access to the project area, so long as the
same shall not unreasonably interfere with the use and development of the project area
consistent with the terms and conditions of this Agreement.
6. REMEDIES
A. Remedies Upon Default or Breach. In the event of any default in or breach of this
Agreement, or any of its terms or conditions, either party hereto or any permitted
successor to such party, such party, or successor, shall, upon written notice from the
other, proceed immediately to cure or remedy such default or breach, and in any event
cure or remedy the breach within 30 days after receipt of such notice. In the
7

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event that such default or breach cannot reasonably be cured within said 30 day
period, the party receiving such notice shall, within such 30 day period, take
reasonable steps to commence the cure or remedy of such breach and shall continue
diligently thereafter to cure or remedy such breach or default in a timely manner. In
case such action is not taken, or diligently pursued, the aggrieved party may institute
such proceedings as may be necessary or desirable in its option to:
i.

Cure or remedy such default or breach, including, but not limited to,
proceedings to compel specific performance by the party in default or
breach of its obligations; or

ii.

Terminate this Agreement. In the event that the Owner is the
defaulting party, upon termination, the City may institute proceedings to
change the zoning to the zoning designations that existed prior to the Agreement.

B. Additional Remedies of City. Notwithstanding anything in this Agreement to the
contrary, it is agreed by the parties hereto that (unless due to the provisions of Section
E, below) if the Owner fails to meet completion dates given in Section 7.D, the City shall
have the right, but not the obligation, at the sole discretion of the City to terminate this
Agreement and the City may institute proceedings to change the zoning to the zoning
designation that existed prior to the Agreement.
C. Waiver of Objection and Hold Harmless. If City institutes proceedings to change the
zoning to the original zoning designation in accordance with the provisions of this
Agreement, the Owner, its successors and assigns, hereby waives any objection to the
zone change and hereby releases, indemnifies and holds the City harmless from any
actions that may be brought by Owner, its successors and assigns, in respect of any
such zoning change.
D. Enforced Delay Beyond Parties Control. For the purposes of any other provisions of this
Agreement, neither the City nor the Owner, as the case may be, nor any
successor in interest, shall be considered in breach of or default in its obligations with
respect to the preparation of the project area for development, the seeking or
obtaining of permits, or beginning and completion of construction of improvements, or
progress in respect thereto, in the event the enforced delay in the performance of such
obligations are due to causes beyond its control and without its fault or negligence,
including, but not restricted to, acts of God, or of the public enemy, acts of the
government, acts of the other party, fires, floods, epidemics, quarantine restrictions,
strikes, freight embar goes, and unusually severe weather or unforeseeable delays of
contractor or subcontractors due to such causes.
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E. Extension by the City. The City, in writing, may extend the time for the Owner to
perform of any term, covenant, or condition of this Agreement or permit the curing
of any default upon such terms and conditions as may be mutually agreeable to the
parties provided, however, that any such extension or permissive curing of any
particular default shall not operate to eliminate any of the Owners obligations and does
not constitute a waiver of the City’s right with respect to any other term, covenant or
condition of this Agreement or any other default in, or breach of, this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above written.
[Signatures on next page.]

9

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Owner: Chadd Watson

By: ____________________________________
Title

On the _____ day of ____________________, 2026, personally appeared before me,
__________________, the signer of the foregoing Development Agreement
for______________, who duly acknowledged to me that he executed the same for and on
behalf of Chadd Watson.

_______________________________________
NOTARY PUBLIC
(SEAL)

STATE OF UTAH
COUNTY OF DAVIS

)
: ss.
)

10

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Attest:

Kaysville City

______________________________________ By: ____________________________________
Annemarie Plaizier
Tamara Tran
City Recorder
Mayor

On the _____ day of _________________, 2026, personally appeared before me TAMARA
TRAN, and ANNEMARIE PLAIZIER, who being by me duly sworn did say, each for himself and
herself that he, the said TAMARA TRAN, is the Mayor of Kaysville City, Davis County, State of
Utah and that she, the said ANNEMARIE PLAIZIER, is the City Recorder of Kaysville City, and that
the within and foregoing instrument was signed on behalf of the said Kaysville City by authority
of the City Council of Kaysville City and said TAMARA TRAN and ANNEMARIE PLAIZIER, each
duly acknowledged to me that the said Kaysville City executed the same and that the seal
affixed is the seal of the said Kaysville City.
______________________________________
NOTARY PUBLIC
(SEAL)

STATE OF UTAH
COUNTY OF DAVIS

)
: ss.
)

11

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Exhibit A – Property Location Map
472 North Main Street, Kaysville UT 84037

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Exhibit B – Legal Description of the Project property
Tax Parcel ID 11-791-0101
ALL OF LOT 101, AMANDAS PLACE PHASE 1. CONTAINING 0.44300 ACRES.

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Exhibit C – Site Plan

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PLANNING COMMISSION DISCUSSION MEMO
TO:

Kaysville City Planning Commission

FROM:

Tyson Stoddard, Senior Planner

DATE:

October 13, 2026

Agenda Item #4: Discussion of Buffering and Compatibility Standards for GC (General Commercial)
Properties Adjacent to Residentially Zoned Properties.
Meeting Date

October 22, 2026

1. BACKGROUND
The Planning Commission Chair has submitted a proposed zoning text amendment to establish
additional buffering standards for properties located in the General Commercial (GC) zoning
district, where commercial property abuts residential property.
The proposed amendment would require a 20-foot yard, including a 15-foot area containing only
landscaping, a minimum 10-foot-high tree line, an 8-foot masonry fence, and limited operating
hours.
The City's existing zoning regulations, under Kaysville City Code (KCC) 17-19-7, require a minimum
20-foot yard where a lot in the GC District abuts a residential district. The existing provision does
not specify additional landscaping, tree-height, fencing, or operating-hour requirements for the
yard.
The proposed amendment would build upon the existing yard requirement by considering
additional standards intended to address compatibility between commercial and residential
properties.

2. PURPOSE
The purpose of this item is to facilitate Planning Commission discussion regarding potential
buffering and compatibility standards for GC properties adjacent to residentially zoned properties.
The application for the ordinance amendment is specifically related to GC properties. However, as
part of the discussion it may be appropriate for the Planning Commission to recognize and provide
direction on other non-residential commercial or industrially zoned properties.
This item is for discussion and direction only. No formal recommendation or action on adoption of
the proposed amendment is requested at this time.

3. GENERAL PLAN ANALYSIS
The General Plan identifies compatibility between land uses and the use of physical buffers as
important considerations in guiding commercial development near residential areas. This policy

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reflects a general expectation that commercial development should consider its relationship with
surrounding residential uses.
Goal 7 of the Land Use and Placemaking Plan calls for land uses to be compatible or to utilize
adequate buffers to enhance compatibility. Objective 7.1 addresses transitional land uses and
development buffers between incompatible land uses. The associated implementation measures
identify tree rows, walls, fences, berms, and transitional land uses as potential methods of
buffering residential uses from commercial and similar uses.
Goal 9 encourages diverse commercial uses to meet the needs of the community and visitors.
Objective 9.2 calls for appropriate land-use transitions between commercial development and
surrounding land uses. Its implementation measures emphasize compatibility between adjacent
uses and physical buffers, including trees, shrubs, walls, fences, and berms, between commercial
uses and residential neighborhoods.
Analysis
The proposed amendment relates to the General Plan's direction to provide appropriate transitions
and physical buffers between commercial and residential uses. The proposed landscaped area, tree
line, and masonry fence represent potential methods of implementing these policies. While the
General Plan does not identify operating-hour limitations as a potential implementation measure,
it can be included in compatibility discussions and a potential ordinance.

4. ZONING CODE ANALYSIS
The purpose of the GC District is to provide appropriate locations for business, commercial,
industrial, entertainment, and related activities and to provide a suitable environment for uses that
are vital to the City's economic life.
Site plan review is required for all permitted and conditional uses in the GC District. If additional
buffering standards are adopted, the City should consider how those standards would be
incorporated into the site plan review process.
The existing code requires a minimum 20-foot yard where a GC lot abuts a residential district. The
proposed amendment would retain the general 20-foot yard concept while adding potential
requirements for a 15-foot landscaped area, a minimum 10-foot-high tree line, and an 8-foot
masonry fence.
Additional Considerations
The proposed operating-hour limitation would introduce an additional type of regulation not
identified in the cited GC District provisions. Further consideration would be needed to determine
which uses or activities would be subject to the restriction, what hours would be permitted, and
how the standard would be administered and enforced.

5. PLANNING COMMISSION DISCUSSION & DIRECTION
The Planning Commission is requested to discuss the proposed amendment and provide direction
to staff regarding revisions, additional research, or preparation of a draft zoning text amendment
for future consideration. No formal recommendation or action on adoption is requested at this
meeting.

Page 2 of 2
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Kaysville City Planning Commission Meeting Minutes
October 8, 2026
The Planning Commission meeting was held on Thursday, October 8, 2026, at 7:00 p.m. in the
Kaysville City Hall located at 23 East Center Street.
Planning Commission Members in Attendance: Chair Young, Commissioners Wilf Sommerkorn,
Paul Toller, Dane Money and Mike Packer
Staff in Attendance: Brad McIlrath, Community Development Director, Katie Ellis, Assistant City
Attorney and Mindi Edstrom, Business License Officer, and City Planner, Tyson Stoddard.
Public Attendees: City Councilmember Josh McBride
1- WELCOME AND MEETING ORDER
Chair Young welcomed all in attendance at the Kaysville City Planning Commission meeting.
2- DECLARATION OF CONFLICTS OF INTEREST
There were no conflicts of interest.
3- PUBLIC HEARING FOR A TEXT AMENDMENT TO GOVEN THE SEPARATION REQUIREMENTS
BETWEEN ANIMAL STRUCTURES AND DWELLINGS
Ms. Ellis presented a proposed text amendment regarding animal separation requirements. She
explained that the issue was identified during the City Council’s review of the detached
accessory dwelling unit regulations. Current City Code requires certain animals and animalrelated structures to maintain specified separation distances from a “dwelling,” with distances
varying depending on the type of animal.
Ms. Ellis explained that the Code does not currently distinguish between a primary dwelling and
a detached accessory dwelling unit. The proposed amendment would change the applicable
language from “dwelling” to “primary dwelling” so that the construction of a DADU would not
affect existing animal separation requirements. Staff recommended a positive recommendation
to the City Council.
Commissioner Money asked whether the required separation would apply only to the primary
dwelling rather than a DADU. Mr. McIlrath confirmed that it would. He explained that one
concern identified during the DADU discussions was that constructing a DADU in a backyard
could potentially cause an existing structure used to house animals to become nonconforming.
The proposed amendment would clarify that the required separation is measured from the
primary dwelling and not from a DADU.
Chair Young opened the public hearing. No public comments were received, and the public
hearing was closed.
Chair Young clarified that the applicable separation requirements relate to distances from
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dwellings rather than property lines. She stated that the proposed amendment appeared
straightforward in specifying that the separation would be measured from the primary
dwelling.
Commissioner Packer stated that he had no concerns with the amendment and felt the
proposed language clearly reflected the intended regulation.
Commissioner Packer moved to recommend approval of the text amendment regarding DADUs
and animal separation requirements. Commissioner Money seconded the motion. The vote was
unanimous in favor of the motion (5-0).
Commissioner Young: Yay
Commissioner Money: Yay
Commissioner Sommerkorn: Yay
Commission Toller: Yay
Commissioner Packer: Yay
4- PUBLIC HEARING FOR A TEXT AMENDMENT FOR LAND USE APPEALS TO BE HEARD BY AN
ADMINISTRATIVE LAW JUDGE
Ms. Ellis presented a proposed text amendment regarding the hearing of variance requests. She
explained that the City had previously amended its ordinance to transition certain land use
appeals from the Planning Commission to an Administrative Law Judge but had inadvertently
omitted variances. The proposed amendment would provide that variance requests also be
heard and decided by an Administrative Law Judge.
Chair Young opened the public hearing. No public comments were received, and the public
hearing was closed.
Mr. Sommerkorn stated that he supported having both land use appeals and variance requests
heard through this process. He asked whether City Code defines the qualifications for an
Administrative Law Judge. Ms. Ellis explained that Title 2, Chapter 8 addresses the position and
noted that the City had recently issued a request for proposals for an Administrative Law Judge.
The Commission confirmed that the Code requires the individual to be an attorney licensed to
practice law and not an employee of the City.
Mr. Sommerkorn noted that some municipalities use appeal hearing officers who are not
necessarily attorneys but have significant land use or related legal experience. He suggested
that requiring a licensed attorney could potentially limit the City’s options, although he
acknowledged that any broader change to those qualifications would be a separate policy
discussion.
Commissioner Toller asked why Ms. Ellis had questioned whether variance hearings should
remain with the Planning Commission following the Commission’s recent consideration of a
variance. Ms. Ellis stated that the Commission had done an excellent job applying the five
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required variance criteria in that case. However, she noted that Commission membership
changes over time and that having an independent hearing officer could also avoid situations
where commissioners may have personal connections to an applicant or neighboring property
owner.
Commissioner Toller expressed concern with transferring variance decisions to an
Administrative Law Judge. He stated that, as a matter of public policy, he believed the process
could create a perception or practical disadvantage for residents who may feel they need legal
representation to effectively present their case before an Administrative Law Judge. He
indicated that this concern would be the basis for his opposition to the amendment.
Ms. Ellis clarified that an applicant would not necessarily need an attorney. She explained that
the variance application process would remain substantially the same, including consideration
of the five statutory variance criteria and a hearing on the request. The primary change would
be that the Administrative Law Judge, rather than the Planning Commission, would evaluate the
application and determine whether the required criteria had been met.
Mr. Sommerkorn stated that he understood Commissioner Toller’s concern regarding the
formality associated with an Administrative Law Judge. He noted that in his experience, many
municipalities use hearing officers with substantial land use or legal experience who are not
necessarily attorneys. Those proceedings are generally more formal than a Planning
Commission meeting but less formal than a court proceeding, and applicants do not always
retain legal counsel.
Mr. Sommerkorn also explained why he supported moving variance decisions away from the
Planning Commission. He noted that commissioners may know applicants personally, which
could consciously or unconsciously influence a decision. An independent hearing officer could
provide greater consistency and help ensure that similar applications are evaluated under the
same legal standards regardless of the applicant.
Commissioner Toller acknowledged that commissioners without legal training could make
decisions that are more susceptible to challenge. However, he reiterated his concern that
residents appearing before an Administrative Law Judge may feel compelled to retain counsel,
research case law, and prepare a more formal legal argument. He stated that while the
proposed process could result in more legally consistent decisions and reduce risk to the City, it
could also affect residents’ comfort and accessibility when seeking a variance.
Ms. Ellis asked whether Commissioner Toller would be more comfortable with a hearing officer
rather than an Administrative Law Judge. Commissioner Toller stated that if the City chose to
transfer these decisions away from the Planning Commission, he preferred that the City
establish a process that produced legally sound and well-supported decisions, while still
recognizing his concern regarding the effect on residents.
Chair Young summarized Commissioner Toller’s concern as being that an Administrative Law
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Judge could appear more intimidating or imposing to residents than presenting a request
before members of their community serving on the Planning Commission. Commissioner Toller
agreed.
Commissioner Money asked whether the Administrative Law Judge process would be faster
than consideration by the Planning Commission. Ms. Ellis explained that the ordinance
establishes a timeframe within which the matter must be heard and that the timing would likely
be comparable. She also noted that variance decisions are quasi-judicial matters requiring an
unbiased decision-maker and that transferring those decisions to an Administrative Law Judge
would remove that responsibility from the Planning Commission.
Mr. Sommerkorn moved to recommend approval to the City Council of the proposed ordinance
amendment regarding variance requests. Commissioner Packer seconded the motion.
The vote was unanimous in favor of the motion (5-0).
5- APPROVAL OF THE MINUTES FROM SEPTEMBER 10, 2026 PLANNING COMMISSION
MEETING
Commissioner Toller moved to approve the minutes as presented. Commissioner Money
seconded the motion and the vote was unanimous in favor of the motion (5-0).
Commissioner Young: Yay
Commissioner Money: Yay
Commissioner Sommerkorn: Yay
Commission Toller: Yay
Commissioner Packer: Yay
6- OTHER MATTERS THAT PROPERLY COME BEFORE THE PLANNING COMMISSION
Mr. McIlrath introduced Tyson Stoddard as the City’s new Senior Planner.
Mr. McIlrath then reviewed items anticipated for upcoming Planning Commission agendas. He
reported that an application had been submitted for a General Commercial rezone with a
Mixed Use Overlay for the Victorian-style residence located at Main Street and Creekside Way.
The property owners propose to operate an insurance office on a portion of the ground floor
while continuing to use the property as their residence. The upper floor would remain
residential, and a portion of the ground floor would continue to serve the residential use.
He explained that the proposal would include additional parking while generally maintaining
the existing appearance and character of the residence. Staff was also preparing the required
development agreement. Mr. McIlrath noted that the applicants were working to obtain
approval from property owners who share the private drive located east of the property. Chair
Young commented that the proposal was an example of vertical mixed use, which is uncommon
in the City.
Mr. McIlrath also advised the Commission that staff planned to hold a work discussion
regarding landscape buffering requirements for commercial properties adjacent to residential
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uses. He explained that staff would present examples and potential ordinance language for
Commission feedback. The discussion would be a work item only, with no formal action
anticipated. Staff intended to use the Commission’s input to develop standards appropriate for
Kaysville.
Mr. McIlrath reported that another rezone application had recently been submitted for
property near 550 East in the Ice Pond Road area. The property is currently zoned R-1-8, and
the applicant is requesting a Planned Residential Unit Development (PRUD) Overlay to allow a
private street serving four lots. Because the PRUD is a zoning overlay, the request would
require a rezone from R-1-8 to R-1-8 PRUD. The application was anticipated to come before the
Planning Commission at the first meeting in November.
Mr. Sommerkorn informed the Commission of the upcoming Utah Land Use Institute Fall
Conference in Sandy on October 22 and 23. He noted that conference topics would include the
entitlement process, development agreements, bonding, data centers, small lots, annexations,
and other land use matters.
7- ADJOURNMENT
Commissioner Packer motioned to adjourn the meeting at 7:30 pm.

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