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Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-23-005 City Council Staff Report Meeting Date: 5/8/2023 Applicant: Millcreek Re: Recommendation to the Millcreek City Council regarding adoption of ordinance ZT-23-005 Agriculture Zones Property Address: See Attached Documents Zone: Agricultural Prepared By: Katie Larsen, Sean Murray, Planners Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. REQUEST AND SYNOPSIS Staff is requesting amendments to Title 19 updating definitions, repealing the A-1, A-2, A-5, A-10, A-20, FA- 2.5, FA-5, FA-10, and FA-20 Zones and enacting a new Agriculture Zone to encompass all properties currently located in an A-1, A-2, or A-5 zone. Millcreek’s code currently includes several Agricultural Zones that were inherited from Salt Lake County and are intended for relatively intense agricultural areas. Today Millcreek currently has very little agricultural zoning that is unfettered by zoning conditions. Several agricultural zoned properties in the Canyon Rim Neighborhood are also subject to a zone condition limiting residential development to new single-household dwellings. This zone condition is proposed to remain in place. Changes to zoning regulations are intended to regulate new development. Any existing structure or use that was legally established prior to the changes may continue, subject to Millcreek’s standards for nonconforming uses and noncomplying structures, which can be found in Chapter 19.88 of the Millcreek Code. Pursuant to §19.90.010 of the Millcreek Code, The City Council may amend the number, shape, boundaries or area of any zone or any regulation within any zone. Any such amendment shall not be made or become effective unless the same shall have been proposed by or be first submitted for the recommendation of the relevant planning commission. ---PAGE BREAK--- Request: Amendments to the Agricultural Zones ZT-23-005 Page 2 of 4 Text Amendments go to all Community Councils, meetings were held the week of April 3rd. All councils voted to approve the proposed agriculture zone changes with a few recommendations addressing permitted and conditional uses, along with the rewording of some use definitions. More information on the recommendations can be found in the ‘Community Council Recommendations’ section of this document. GENERAL PLAN CONSIDERATIONS The Millcreek General Plan lays out goals and strategies that address the areas currently in the Forestry and Recreation zones. These goals and strategies are listed below each with a summary describing how it achieves the goals set out in the General Plan for this area. FOOD ACCESSIBILITY GOAL HE-1: Ensure access to nutritious, affordable, and safe food for an active, healthy life. Strategy 1.3: Revise zoning requirements and guidelines as needed to promote urban agriculture. This may include updating amenity requirements for multifamily developments to include space for community garden plots and fruit trees. The proposed ordinance helps maintain the intent of the agriculture zone preserving small-scale residential food production. Additionally, intensive uses such as an airport or slaughterhouse are being removed from the zone which have the potential to negatively impact the health and wellbeing of residents. FUTURE LAND USE The future land use map does not call out a specific agricultural area in Millcreek, properties that are currently zoned A-1, A-2 and A-5 exist in numerous land use classifications. See map. Agricultural zones predominately exist as single family uses with a few properties on the west end of the city with light agriculture. Future land use classifications are appropriate for areas in which the zones currently exist, as some are in single family neighborhoods, dense residential, and largely commercial areas. The ---PAGE BREAK--- Request: Amendments to the Agricultural Zones ZT-23-005 Page 3 of 4 agricultural zone is to become a legacy district, meaning that no property owner may zone into an Agriculture zoning district, with time, the parcels may be rezoned by property owners to fit more closely with the character of the surrounding area in which they exist. PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the Agriculture Zone (AG). A summary of the proposed changes is discussed below: The proposed changes to the agricultural zone include removing many uses, both permitted and conditional, that don’t meet the needs of the current Millcreek residents and simply would not be appropriate in current conditions. Some of these uses include worm farming, airport, cemetery, two-family dwellings, sugar beet loading station and dump site, gasohol production, slaughterhouse. See attached existing codes 19.48, 19.50 and 19.52 for the full list. Spatial requirements will be moving to one universal standard instead of the several standards that are found in the existing zones that range from 10,000 square feet to five acres. See table below for the proposed spatial requirements. COMMUNITY COUNCIL RECOMMENDATIONS 1. Millcreek Community Council. The Millcreek Community Council met on 04/04/2023. They voted 5 in favor to 3 opposed for the adoption of Title 19 updates to the AG, FRE, and MHTH zones. The Millcreek Community Council did not recommend anything specific to the AG zone, but rather suggested changes to the proposed FRE and MHTH zones, which suggest why some opposed the motion. 2. Canyon Rim Citizens Association. The Canyon Rim Citizens Association met on 04/05/2023. They voted unanimously in favor of the adoption of the Agriculture (AG) zone. Council members and citizens voiced concern about the continuation of grandfathered or legally non-compliant uses, which staff clarified. 3. East Mill Creek Community Council. The East Mill Creek Community Council met on 04/06/2023. They voted unanimously in favor of the adoption of the Agriculture (AG) zone. 4. Mount Olympus Community Council. The Mount Olympus Community Council met on 04/03/2023. They unanimously voted in favor for the adoption of Title 19 updates to the AG, FRE, and MHTH zones. The Mount Olympus Community Council recommended removing campgrounds and outdoor dog kennels as conditional uses in the AG zone. Council members also recommended refining the definition of private recreational facilities. ---PAGE BREAK--- Request: Amendments to the Agricultural Zones ZT-23-005 Page 4 of 4 PLANNING COMMISSION RECCOMENDATION The Planning Commission met on 4/19/2023 and unanimously recommended approval of ZT-23-005. The commission recommended to remove campgrounds and outdoor dog kennels as uses, as well as clean up the definition of private recreational facilities. PLANNING STAFF FINDINGS & CONCLUSIONS 1. The proposed consolidation of Agricultural zones, A-1, A-2, A-5, A-10, A-20, FA-2.5, FA-5, FA-10, and FA-20 and the creation of the AG legacy zone supports the Future Land Use Map (FLU). The proposed supports the FLU map in that no areas are planned to be ‘Agricultural.’ By deeming the AG zone, a legacy district, properties may redevelop according to FLU map designations and more closely fit the character of the surrounding area. 2. The proposed amendments to the zone regarding uses aligns with the General Plan, as it looks to preserve small scale agriculture and eliminate intensive uses which may have a detrimental impact on residents’ health, safety, and wellbeing. 3. Proposed updates to the permitted and conditional uses more closely fit the Millcreek area. Uses such as a slaughterhouse, worm farm and gasohol production would not be appropriate and are not current uses in the city. Updates to uses in the AG zone are simplified to low intensity agriculture and single-family residential uses. 4. Property owners with uses aligned with existing code may continue their use as it will become grandfathered or legally non-compliant. 5. A property owner may not rezone to the AG zone due to its legacy status. 6. A property owner may not extend the boundary of the AG zone by consolidating property. 7. Staff has not received comment regarding AG zone updates from residents, although a resident inquired about the AG Zone at the Canyon Rim Citizens Association meeting. 8. Text Amendments and Ordinance approvals are legislative items, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. 9. Staff recommends that the City Council approve application ZT-23-005. MODEL MOTION I move to recommend the adoption of an ordinance amending Title 19 updating definitions, repealing the A-1, A-2, A-5, A-10, A-20, FA-2.5, FA-5, FA-10, and FA-20 Zones and enacting a new Agriculture Zone to encompass all properties currently located in an A-1, A-2, or A-5 zone, based on the findings and conclusions as presented by staff. SUPPORTING DOCUMENTS 1. URL: Chapter 19.48 A-1 Zone, Chapter 19.50 A-2 Zone, Chapter 19.52 A-5, A-10, A-20 Zones, Chapter 19.54 FA-2.5, FA-5, FA-10 AND FA-20 Foothill Agriculture Zones 2. URL: General Plan 3. Proposed Ordinance Amendments 4. Community Council Recommendation Letters 5. Aerial/Zoning Map ---PAGE BREAK--- March 17, 2023 Millcreek Together Code Update I Agriculture (AG) Zone Summary v2 1 Agriculture Zone (AG) Zone Summary Millcreek’s code currently includes several Agricultural Zones that were inherited from Salt Lake County, and are intended for relatively intense agricultural areas. Today Millcreek currently has very little agricultural zoning that is unfettered by zoning conditions. Most of the existing zones are essentially residential zones except along 39th South and near the Jordan River and some of the intensity of uses included in the existing agriculture zones would not fit in the remaining agricultural zoned properties. The intent of the new AG district is to combine a number of existing agriculture districts into a single unified zone with uses that make sense in Millcreek’s current context. What is the same: The new draft incorporates some of the existing uses but eliminates many more intense uses. What has changed: • The draft consolidates the three existing agricultural zones into on Agricultural Zone. • Many uses are suggested to be deleted due to their intensity including duplexes. • The format has changed to the more consistent format expected for all the zoning districts and includes placing the uses (permitted and conditional) that includes some use limitations and the spatial standards (setbacks and height) in tables. • The draft uses the 10,000 square foot lot size found in the existing A-1 and establishes that some uses need a greater lot size, instead of moving the uses to another larger lot zone. • It features Use definitions at the end, however those will eventually be moved to a new Definitions chapter. • Eliminates the density allowances, which was intended for PUD, which will be replaced by a new overlay district. Organization: The draft chapter is broken into the following sections: • Purpose • Applicability • Permitted and Conditional Uses • Spatial Requirements (setbacks and height) • Definitions A special note regarding agricultural-zoned properties in the Canyon Rim neighborhood near Fisher Lane, Stillman Lane, Lambourne Avenue, and Connor Street: These properties include a special zone condition that limits residential development to detached single-family dwellings. The proposed changes to the code include limiting residential development to detached dwellings in every agricultural district in the city, so these changes will not affect this zoning condition on your property. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.00X.X Agricultural Zones I Final Draft 1 19.01.010 Agricultural Zone (AG) A. Purpose 1. The purpose of the Agricultural Zone (AG) is to provide areas in the City for low-density residential development along with limited agricultural uses. B. Applicability 1. The Agricultural Zone (AG) may be applied to existing parcels, lots, and areas already included in the Agricultural Zones in the City, but no additional parcels, lots or land may be added to the AG zoning district. C. Permitted and Conditional Uses 1. Uses in the Agricultural Zone (AG) are as set forth in Table 19.XX.X Permitted and Conditional Uses in the Agricultural Zone. If a use is not specifically designated in the table, then it is prohibited. Table 19. XX.X Permitted and Conditional Uses in Agricultural Zone Table 19.XX.X Permitted and Conditional Uses in the Agricultural Zone P= Permitted C= Conditional Use Review Required Land use AG Limitations/references Residential Uses Single household dwelling P Internal accessory dwelling P As set forth in MKC 18.68.611 Group Homes P Up to four occupants allowed without a request for a reasonable accommodation Short-term rental P A valid Millcreek business license as set forth in MKZ 19.XX.XX Bed and Breakfast C As set forth in MKZ 19.XX.XX Agricultural Uses Agriculture P Commercial Scale Agriculture requires 1 acre or larger Farm stand P As set forth in MKZ 19.XX.XX Temporary Uses ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.00X.X Agricultural Zones I Final Draft 2 Table 19.XX.X Permitted and Conditional Uses in the Agricultural Zone P= Permitted C= Conditional Use Review Required Land use AG Limitations/references Nursery / greenhouse C May include limited retail sales of related products and requires a minimum lot size of 1 acre Campground C Requires a minimum of 2 acres Outdoor / Indoor Kennel, Dog Boarding C Requires one acre minimum lot size and requires a valid permit from the Salt Lake County department of animal services. Veterinary/Animal Hospital P Indoor kennels only Private Recreation Facilities C Civic and Institutional Uses Public use P Quasi-public use P Religious assembly P Schools, public and private P Miscellaneous Uses Temporary uses P As set forth in MKZ 19.XX.XX Temporary Uses Accessory Uses, Accessory Buildings and structures P As set forth in MKZ 19.XX.XX Accessory Uses, Accessory Buildings and Structures ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.00X.X Agricultural Zones I Final Draft 3 D. Spatial Requirements 1. Spatial Requirements. The minimum setbacks, maximum height and lot size requirements are as set forth in Table 19.XX.X Spatial Requirements for the Agricultural Zone Table 19. XX.X Setback and Lot Size Minimums for Agricultural Zone Table 19.2.2.2 Spatial Requirements for the Agricultural Zone Zone Minimum lot area Minimum lot width Front Side Rear Maximum Height AG 10,000 square feet 75’ 30’ 10’ on interior lots, 20’ on a corner 30’ 30’ 19.01.020 Definitions (to be moved to uses) Single household dwelling means a separate building arranged or designed to be occupied by one household unit, the structure having only one primary dwelling unit. Internal accessory dwelling means an accessory dwelling unit created within the primary dwelling or within the footprint of the primary dwelling. Group Homes means a home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are elderly or mentally ill or protected by federal fair housing laws. Short-term rental means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days or a residential unit or any portion of a residential unit or that is actually used for accommodations or lodging of guests for a period of less than thirty consecutive days. Bed and Breakfast means a residential dwelling with a maximum of six guestrooms, is occupied by the owner or individual responsible for operating the facility and used for accommodations or lodging of guests paying compensation. Guest rooms have no provision for cooking in any individual guest room. Breakfast may be served during the a.m. hours. Lunch or dinner may not be served. This use shall not change the character of the dwelling or property for residential purposes, and shall meet the requirements of the health department and the City fire service provider. Commercial Agriculture means the tilling of the soil, the raising of crops, horticulture and commercial gardening on a scale that is a minimum of one acre, but not including residential greenhouses or gardening, the keeping or raising of domestic animals or fowl, except household ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.00X.X Agricultural Zones I Final Draft 4 pets, and not including any agricultural industry or business such as fruit-packing plants, fur farms, animal hospitals or similar uses. Farm stand means a kiosk or temporary structure engaged in the sale of agricultural products produced or grown on site such as fruits, vegetables or eggs and is typically seasonal. Nursery / greenhouse means a facility or structure used for the cultivation of trees, shrubs or other plants that are grown for the purpose of retail or wholesale trade. This may also include the accessory sale of soil, planting materials, garden equipment or other similar material. Campground means land made available to persons for camping, whether by tent, trailer, camper, recreational vehicle, or similar device and includes the outdoor recreational facilities located on the property. “Campground” does not include a manufactured home, tiny home, yurt, or mobile home park communities. Outdoor / Indoor Kennel, Pet Boarding means a shelter for the keeping of dogs and / or cats. Veterinary/Animal Hospital means a facility for the care, grooming, diagnosis and medical treatment of animals including those in need of surgical procedures and may include overnight accommodations on premises for treatment, observation and/or recuperation. Private Recreation Facilities means a privately owned facility that is designed to provide recreational and social activities for its users and may include golf courses, stables, tennis courts, swimming pools and buildings directly related to and supportive of the recreational activities. Public Use means a use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds and other recreational facilities, administrative and service facilities, and public utilities. Quasi-Public Use means a use operated by a private nonprofit educational, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as private schools and universities, and similar uses. Religious assembly means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. Schools, public and private means an institution where formal learning or education is conducted. Temporary use means a use or structure on improved or unimproved land which is of impermanent nature, and is used for less than one hundred and eighty (180) days in a calendar year. Accessory Uses and buildings/structures means a subordinate use or structure customarily incidental to and located upon the same lot occupied by a main use. ---PAGE BREAK--- April 6, 2023 To: Millcreek Planning and Zoning Millcreek Planning Commission Subject Application: ZT-23-005. ZT-23-006. ZT-23-007 Adoption of amendments to the Agricultural, Forestry and Residential Mobile Home zone Applicant: Millcreek City Francis Lilly, Planning Manager At the April 6th meeting of the East Mill Creek Community Council (EMCCC), the subject application was presented by Francis Lilly, Planning Manager. As to the Agriculture zone, Mr. Lilly demonstrated their existence in the Canyon Rim neighborhood. The Planning Department recommends not making zone changes to these parcels. This would also apply to a few parcels on the very west end of the City where the current zoning would not have an effect on the surrounding area. Public comment came from Dan Jackson, a property owner of a parcel zoned FR-1. He is asking that the FR-1 zone be excluded from the proposed FRE zone. The new zoning would limit if not prevent him from future subdividing of his parcel. Mr. Jackson is one of two property owners with FR-1 zoning. The other property owner has not contested the zoning. The Council considered the final recommendations from the three other There is no unanimity to grant this exception to exclude the FR-1 zone in favor of one property owner. After questions and discussions, the community council gave a positive recommendation with exception: 1. To exclude the FR-1 zone from the new zone. With the condition that there are not more FR-1 parcels than the two in question. ---PAGE BREAK--- Other than the exception for the FR-1 zoning, the EMCCC gives a positive recommendation to the proposed ordinance Amendments to Title 19 ZT-23-005, ZT-23-006, ZT-23-007. The application was open for discussion prior to a motions. Lee Ann Hansen Vice Chair Land Use Cc: Francis Lilly ---PAGE BREAK---