Document Millcreek_doc_9fca4bcc33

Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-24-002 Staff Report Meeting Date: 7/22/2024 Applicant: City Re: Adoption of an Application Procedures Ordinance Prepared By: Francis Xavier Lilly, AICP, Planning Director 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 As part of Millcreek’s comprehensive zoning code update, City Planning Staff is seeking the Community Council’s recommendation regarding the adoption of an Application Procedures Chapter. Currently, application procedures, roles of public bodies, and noticing requirements are found in different sections of Millcreek’s land use code, and the code currently lacks a single location for an applicant or staff to obtain information pertaining to an application. As the Millcreek Planning and Zoning Department seeks to refine and codify its procedures, staff recommends adoption of an ordinance that consolidates the information, so that an applicant can get a complete sense of the requirements by application type, without having to search several different chapters in the code. The Planning Commission recommended adoption of the proposed Application Procedures Ordinance. The attached draft of the procedures ordinance reflects the Planning Commission’s recommendation. Because the code seeks to identify each application staff processes, and establish a procedure for each, it is quite long; it will form one of the most significant chapters in the entire code rewrite. The Applications Procedures Chapters are outlined as follows: 1) 18.13. Application Procedures Purpose and Applicability. This Chapter essentially functions as an index for the two following chapters. ---PAGE BREAK--- Request: Adoption of an Application Procedures Ordinance ZT-24-002 Page 2 of 6 2) 18.14. Land Use Authority Designations and Application Procedures in General. This Chapter establishes the following: a. A Land Use Authority designation for each application type. Land Use Authorities must be identified in our ordinance pursuant to state law. b. Roles of Recommending Bodies for each application type. c. General application requirements, including the payment of a fee and the submittal of a complete application, including all appropriate checklist materials. d. Formal Public Engagement Processes. “Formal Public Engagement” can take the form of a public meeting or a public hearing, pursuant to start law. e. Noticing requirements. These requirements are significantly unchanged from our current requirements. 3) 18.15. Land Use Application Steps. This chapter is a narration and definition of every land use application step that is referenced for each application type in the subsequent chapter. This chapter includes formalized processes for modifications to approved site plans, and expirations of application approvals. 4) 18.16. Specific Application Procedures by Category and Type. Application types are split into the following categories: Legislative, Administrative – Subdivisions, Administrative – Land Use, and Administrative – Nonconformities and Variances. The final chapter creates a sequential procedure for each application type that will be processed by Millcreek Planning and Zoning. Applications that involve public noticing and formal public engagement have a short summary table at the end of that application discussion. 5) Checklists. The Application procedures make references to checklists, that staff either has developed or will develop for each application type. Rather than including every specific submittal requirement in ordinance, staff recommends relying on checklists to communicate technical submittal requirements. An example of an adopted checklist for subdivision approvals can be found here. Additional draft checklists are included as an appendix to this staff report. While long and detailed, the Application Procedures Chapters are designed as a ready reference for any applicant seeking to obtain a land use decision from Millcreek. Staff believes this approach will add clarity both to staff and the applicant as to the expectations of a particular application. This ordinance will essentially replace our Conditional Use Permit Chapters and sections found in many of our existing zone district and nonconformities language. Millcreek is not proposing to make any significant changes to the procedures we have adopted so far, including enhanced noticing for rezones and general plan amendments, community council recommendations for most legislative decisions and conditional use permits, and pre-application neighborhood meetings for rezones and general plan amendments. We believe these processes work well for the city. ---PAGE BREAK--- Request: Adoption of an Application Procedures Ordinance ZT-24-002 Page 3 of 6 PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the sign code. The ordinance compiles requirements that exist in many locations throughout the code, using inconsistent terminology A summary of the proposed significant changes is below: Requirement Current Standard Proposed Standard Rationale Land Use Authority Designations See 19.05.030 and 19.06.050 See 18.14.010 Land use authority designations adjusted pursuant to state law, and clearly stated for each application type in a table, for ease of understanding. Role of Recommending Bodies, such as Community Councils and Planning Commission See 2.56.100 for Community Council recommendations See 19.05.030 for Powers and Duties of Planning Commission See 18.14.020 Information placed in one section for clarity, and to ensure consistent use of terminology. Title 2 will remain in the code, as will a broad statement of Planning Commission powers and duties. Planning Commission is proposed to provide recommendation on public street and municipal easement vacations. Clarifies that Community Councils give recommendations on general plan adoptions and amendments. This is currently a practice, but not technically a requirement. Public Noticing Requirements See 18.13.080 and 19.02.160 See 18.14.060 Noticing for subdivisions is in a separate chapter. This new section consolidates all noticing requirements in one section, for clarity. The noticing requirements are substantially unchanged, except where required to comply with state statutes. ---PAGE BREAK--- Request: Adoption of an Application Procedures Ordinance ZT-24-002 Page 4 of 6 Requirement Current Standard Proposed Standard Rationale Application Steps Discussion of application steps can be found throughout our code, but language is often inconsistent, or is lacking. For example, Subdivisions (18.03) FCOZ (19.72.030), CCOZ (19.73.030), and conditional use permits (19.84.030) all have separate application procedures. See 18.15. When the original Salt Lake County code was written, staff was given significant latitude in determining the process and sequence for an application. Articulating and defining each relevant application step follows current best practice, case law, and statutory requirements that state that any ambiguity in our ordinances benefits the applicant. Defining and articulating application steps provides transparency and reliability to our code. Any special application requirements found in a particular zone can be outlined in an adopted checklist, which will be approved as part of the Application Procedures. Specific Application Procedures See 19.02.080 for site plan requirements. See 19.72.030 for FCOZ applications See 19.73.030 for CCOZ applications. See 19.84.030 for Conditional Use Permit applications. See 18.03 for Subdivision applications. See 18.16. Some application procedures are well articulated in our code, and other application procedures are not articulated at all, such as applications for land use hearings for variances or nonconforming uses. Certain sections of our code currently make reference to a site plan review requirement, and there is no corresponding application requirement for site plan reviews. Our code currently lacks a consistent process for approving minor site plan amendments or sign permits. A proposed standard for minor site plan approvals, site plan amendments, sign permits, and change of use permits, outlining a scope of approval for staff, can be found in 18.16.030 through ---PAGE BREAK--- Request: Adoption of an Application Procedures Ordinance ZT-24-002 Page 5 of 6 COMMUNITY COUNCIL RECOMMENDATIONS Generally, the Community Councils recommended approval of the Application Procedures Chapters as written. 1. Mount Olympus Community Council. The Mount Olympus Community Council met on June 3, 2024. The MOCC voted unanimously in favor of the adoption of the Application Procedures Chapters as written. 2. Millcreek Community Council. The Millcreek Community Council met on June 4, 2024. The MCC voted unanimously in favor of the adoption of the Application Procedures Chapters, subject to the addition of language to ensure that an applicant required to conduct a neighborhood meeting gives email notice to the relevant community councils one week prior to the meeting. 3. Canyon Rim Citizens Association. The Canyon Rim Citizens Association met on June 5, 2024. The CRCA voted unanimously in favor of the adoption of the Application Procedures Chapters as written. 4. East Mill Creek Community Council. The East Mill Creek Community Council met on June 6, 2024. The EMCCC voted unanimously in favor of the adoption of the Application Procedures Chapters as written, subject to typographical corrections suggested by the EMCCC chair. PLANNING STAFF RECOMMENDATIONS AND FINDINGS Staff finds that: 1. The Application Procedures Ordinance provides a consolidated, clear, and understandable roadmap for application approval procedures, for the benefit of applicants, staff, and reviewing and recommending bodies. 2. The use of consistent language throughout the Application Procedures Ordinance will aid in discussion and interpretation of expectations regarding applications with applicants and reviewing and recommending bodies. 3. The inclusion of summary tables for application procedures requiring public meetings and notice will aid in readability and in the consistent enforcement of application requirements. 4. The delineation of administrative and legislative actions, and the corresponding recommendations, complies with Utah State statutes. Staff recommends adoption of the Application Procedures Ordinance and associated checklists, subject to ---PAGE BREAK--- Request: Adoption of an Application Procedures Ordinance ZT-24-002 Page 6 of 6 additional findings and suggestions by the City Council the City Attorney prior to a second reading. PLANNING COMMISSION ECOMMENDATION At a public hearing held on 19 June 2024, the Millcreek Planning Commission recommended unanimously that the City Council adopt an Application Procedures Ordinance. Subject to the addition of an application procedure for reasonable accommodations and an additional technical review by staff and the City attorney. SUPPORTING DOCUMENTS • Draft Ordinance • Draft Checklists ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 1 18.13-18.16 APPLICATION PROCEDURES 18.13 APPLICATION PROCEDURES PURPOSE AND APPLICABILITY 18.13.010 Purpose The purpose of this chapter is to establish procedures for submittals and review of applications for land use and development activity in Millcreek and for review of all applications for land use and development activity in Millcreek. 18.13.020 Applicability A person intending to conduct development activities in Millcreek must first obtain land use approval from Millcreek for development. The specific procedure for land use decisions is pursuant to the specific application types described herein as identified in subsequent chapters of this Land Use Code. 18.13.030 Organization The Application Procedures are organized as follows: 18.13 Application Procedures Purpose and Applicability 18.14 Land Use Authority Designations and Application Procedures in General 18.15 Land Use Application Steps 18.16 Specific Procedures by Application Category and Type ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 2 18.14. LAND USE AUTHORITY DESIGNATIONS AND APPLICATION PROCEDURES IN GENERAL 18.14.010 Application Categories and Land Use Authority Designations A. The Land Use Authority is a person, board, commission, or body designated by Millcreek to act upon a land use application. B. Millcreek hereby designates the following land use authorities by application type, pursuant to Utah Code Ann. §10-9a-101 et seq., as set forth in Table 18.14-1- Land Use Authority Designations. C. Depending on the nature of the Land Use Authority designated to act upon a land use application, land use applications fall under two categories, Legislative Decisions and Administrative Decisions. 1. Legislative Decisions. Legislative decisions are discretionary, and include those application types listed in Table 18.14-1 that are made by the City Council upon receiving a recommendation from the Planning Commission and Community Council, where applicable. 2. Administrative Decisions consist of all other development approvals, and include those application types listed in Table 18.14-1 that are made by the Planning Commission, Planning Director, or Land Use Hearing Officer. Administrative decisions are subject to standards of review, and shall be made based on findings of fact. Table 18.14-1 Land Use Authority Designations Application Type Land Use Authority Designation Legislative Decisions General Plan and Future Land Use Map Adoption and Amendment City Council Land Use Code Text Amendment City Council Zoning Map Amendment City Council Development Agreement City Council Administrative Decisions – Subdivisions Minor Subdivision Planning Director Major Subdivision Preliminary Approval Planning Commission Major Subdivision Final Approval Planning Director Subdivision Amendment for Minor Plat Adjustments Planning Director Lot Line Adjustment Planning Director Parcel Line Adjustment Planning Director Vacating a Subdivision Plat – Minor Subdivision Planning Director Vacating a Subdivision Plat – Major Subdivision Planning Commission Vacating a Subdivision Plat – By Ordinance City Council Public Street or Municipal Utility Easement Vacation City Council ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 3 Table 18.14-1 Land Use Authority Designations Application Type Land Use Authority Designation Administrative Decisions – Other Land Use Decisions Conditional Use Permit Planning Commission Site Plan Approval for Permitted Uses Planning Director Change of Use Permit Planning Director Minor Site Plan Amendment Planning Director Sign Permit Planning Director Temporary Use Permit Planning Director Administrative Decisions – Nonconformities and Variances Nonconformities Determination Planning Director Expansion or Enlargement of a Noncomplying Structure Land Use Hearing Officer Variances Land Use Hearing Officer 18.14.020 Designation of Recommending Bodies and the Role of Staff in Application Reviews A. Millcreek also establishes the roles of recommending bodies, including the Planning Commission and Community Councils, to make a recommendation on certain land use application types, as set forth in Table 18.14-2 – Roles of Recommending Bodies by Application Type. For application types not listed in Table 18.14-2, no recommendation is required. B. Millcreek Staff shall review all applications for completeness and substantial compliance with relevant requirements, and provide recommendations on Land Use Applications before the Land Use Authority. Table 18.14-2. Roles of Recommending Bodies by Application Type Application Type Community Council Planning Commission Legislative Decisions General Plan and Future Land Use Map Adoption and Amendment Recommendation Recommendation Land Use Code Text Amendment Recommendation Recommendation Zoning Map Amendment Recommendation Recommendation Development Agreement Recommendation Recommendation Public Street or Municipal Utility Easement Vacation None Recommendation Administrative Decisions – Other Land Use Decisions Conditional Use Permit Recommendation N/A 18.14.030 Appeal Authorities A. Where the Land Use Authority is the City Council or the Land Use Hearing Officer, appeals shall be filed within thirty (30) days of a final decision to the Third District Court of Utah. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 4 B. Appeals for decisions where the Land Use Authority is the Planning Commission or the Planning Director shall be filed within seven days of a final decision to the Land Use Appeal Authority as set forth in MKZ 18.XX.XX. 18.14.040 Submittal Requirements in General A. For each application type described in this Title, the following submittal requirements apply. Additional requirements may be established for each application type as set forth in MKZ 18.16. 1. An application must be submitted on a form approved by the Planning and Zoning Department. 2. A Submittal Checklist for each application type must be submitted with complete materials as specified on the applicable Checklist. 3. An application fee for each application type must be paid in full as set forth in the Consolidated Fee Schedule. B. Persons filing a Land Use Application shall follow the procedures for each application type in the sequence as set forth in MKZ 18.16. A Description of each application step is established in MKZ 18.15. C. Application review and scheduling of any required formal public engagement shall only take place after an application is deemed complete by Millcreek staff, following the standards as set forth in MKZ 18.15.050. 18.14.050 Formal Public Engagement and Community Council Engagement Requirements A. Certain application types require Formal Public Engagement, which includes either a Public Meeting or a Public Hearing. The type of public engagement applicable to each application type is set forth in MKZ 18.16. For the purposes of this Title, Community Council meetings are not considered a Formal Public Engagement. A summary of the Formal Public Engagement types by application category is set forth in Tabe 18.14-3. 1. Public Meetings. Public Meetings are required to be open to the public as set forth in Utah Code Ann. 52-4-101 et seq. All land use decisions made by the City Council and Planning Commission shall be rendered during open and public meetings. The Planning Director may also conduct public meetings related to land use applications or other land use issues. No public meeting shall commence until all procedures as set forth in MKZ 18.14.060 are met. The following criteria is applicable to public meetings: a. At a public meeting to consider an application, the Land Use Authority shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and may take public comment from all interested persons in attendance. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 5 b. The applicant or their designated agent whose application is before the Applicable Community Council, Planning Commission or City Council shall be present at the public meeting. c. The applicant shall offer competent evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application. 2. Public Hearings. At a public hearing, members of the public are provided a reasonable opportunity to comment on the subject of the hearing. No public hearing shall commence, nor shall public comment be received, until all notice procedures as set forth in MKZ 18.14.060 are met. a. At a hearing to consider an application, the reviewing body shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and take testimony from all interested persons in attendance. b. The applicant or their designated agent whose application is before the Applicable Community Council, Planning Commission or City Council shall be present at the hearing. c. The applicant shall offer evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application. B. Continuances. For Administrative Decisions, the Land Use Authority may allow for up to two continuances of a public meeting or public hearing, totaling not more than six months, to hear the matter, so the applicant may make modifications or provide additional information and evidence in support of the application. 1. If an application is continued to a date certain so that the Land Use Authority can receive additional information, then notice of a continuation to a date certain shall be posted on the subject property, but no further publication or mailed notice for a continued public meeting is required. 2. If an application is not continued to a date certain, the application requires re-noticing following the procedure as set forth in MKZ 18.14.060. C. Community Council Engagement. Certain application types are required to be subject to review by a relevant community council, which may choose to make a recommendation on that application. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 6 1. Community Councils are encouraged to provide written recommendations to the Planning and Zoning Department. If the relevant Community Council does not provide a recommendation on an application, the application shall proceed through the approval process without a Community Council recommendation. 2. Where a land use application involves property located within six hundred feet (600’) of the boundaries of another community council district, the Planning and Zoning Department shall submit the application for review by the community councils of each community district. 3. If a complete application is submitted prior to a Planning Commission meeting held on a month where the applicable Community Council meeting is not scheduled to be held, a Neighborhood Meeting may be utilized in lieu of the Community Council meeting, with a summary report of the meeting provided to the Community Council electronically. This neighborhood meeting must be completed at least seven days prior to the Planning Commission meeting. Table 18.14-3 Summary of Formal Public Engagement by Application Category Legislative Decisions Recommending Body Land Use Authority Formal Public Engagement Type Planning Commission City Council Public Hearing Public Meeting Administrative Decisions Land Use Authority Formal Public Engagement Type Public Meeting 18.14.060 Public Noticing Requirements A. Public Notices are required to inform the public about relevant proceedings of an application. The public noticing requirements are intended to provide information regarding the application and relevant public meetings or hearings for the application. B. The Land Use Authority as set forth in Table 18.14-1, shall schedule and hold any required public hearing or public meeting according to the provisions of this Code and State Statute. Where applicable, the notice shall include the date and time of the meeting of the appropriate recommending body, as set forth in Table 18.14-2. This section describes the general noticing procedure for public meetings and hearings in Millcreek. Noticing requirements follow this section unless otherwise noted in MKZ 18.16, Specific Development Application Procedures C. Table 18.15.081, Noticing Summary, summarizes the various types of noticing requirements for each type of application. Specific noticing requirements of each application type are more fully described in MKZ 18.16, Specific Development Application Procedures. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 7 D. Mailed Notices Procedure. Applications requiring mailed notices as set forth in Table 18-14.4, Noticing Summary shall follow the requirements of Utah Code Ann. § 10-9a-101 et seq and these procedures unless otherwise noted in in MKZ 18.16, Specific Development Procedures. 1. Mailed notices shall be sent by Millcreek for any application requiring a public meeting or public hearing. The applicant shall be responsible for the mailing expenses as set forth in the Consolidated Fee Schedule. 2. Mailed notices shall follow the requirements of Utah Code Ann. § 10-9a-205. 3. Mailed notices shall be sent to each owner of record of real property whose property is located partially or entirely within three hundred feet (300’) of the subject property, unless otherwise set forth in this Title. a. For applications where a Community Council is requested to make a recommendation, mailed notices must be sent a minimum of seven calendar days prior to the Community Council meeting. b. For applications where a Community Council is not requested to make a recommendation, mailed notices must be sent a minimum of ten (10) calendar days prior to the first public hearing or seven calendar days prior to a public meeting. 4. If multiple mailed notices are needed, they may be combined into a single mailed notice with all applicable information. E. Notice Sign Procedure. Applications requiring a noticing sign on the subject property as set forth in Table 18.14-4 Noticing Summary shall follow these procedures unless otherwise set forth in MKZ 18.16. 1. Millcreek shall post notification signage on the subject property with a sign of sufficient size, durability, print quality, and location that is reasonably calculated to give notice to passers- by. 2. The notice shall be posted a minimum of five calendar days prior to the first Formal Public Engagement on the item and shall remain posted on sight till after the final Land Use Authority decision on the matter. If a notice is removed prior to a final decision, the applicant shall notify the Planning Director within one business day, and the city shall replace the notice within one business day thereafter. 3. The notice sign shall state the purpose of the public notice and where interested parties can find out more information on the application and Formal Public Engagement schedule. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 8 F. Online Noticing Procedure. Applications requiring online noticing as set forth in Table 18.14-4 Noticing Summary shall follow these procedures unless otherwise set forth in MKZ 18.16. 1. Millcreek is responsible for posting notice for any application requiring online noticing on Millcreek’s official website no later than twenty four (24) hours prior to the first Formal Public Engagement on the item. 2. Millcreek is responsible for posting notice to the Utah Public Notice Website no later than ten (10) calendar days prior to the first public meeting or hearing on the item. G. Hard Copy Notice. A hard copy of any public notice issued by Millcreek shall be posted at Millcreek City Hall at least twenty four (24) hours prior to a public hearing or a public meeting. Table 18.14-4 Noticing Summary Table Application Type Mailed Notice – Calendar days prior to first Community Council Meeting or first Formal Public Engagement Mailed Notice Distance from Subject Property Notice Sign (on subject property) – Calendar days prior to first Community Council Meeting or first Formal Public Engagement Posting On Millcreek Website & Utah Public Notice Website – Calendar days prior to first Formal Public Engagement Hard Copy of Notice – Hours prior to first Formal Public Engagement Legislative Decisions General Plan1 / Future Land Use Map Adoption or Amendment 7 600 feet 5 10 24 hours Land Use Code Text Amendment1 7 N/A 10 24 hours Zoning Map Amendment1 7 600 feet 5 10 24 hours Public Street or Municipal Utility Easement Vacation1 10 Each property that is accessed by the public street or municipal utility easement. 5 10 24 hours ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 9 Table 18.14-4 Noticing Summary Table Application Type Mailed Notice – Calendar days prior to first Community Council Meeting or first Formal Public Engagement Mailed Notice Distance from Subject Property Notice Sign (on subject property) – Calendar days prior to first Community Council Meeting or first Formal Public Engagement Posting On Millcreek Website & Utah Public Notice Website – Calendar days prior to first Formal Public Engagement Hard Copy of Notice – Hours prior to first Formal Public Engagement Administrative Decisions - Subdivisions Minor Subdivision (3 lots or less) 7 300 feet 5 7 24 hours Major Subdivision- Preliminary 7 300 feet 5 7 24 hours Subdivision Amendment1 7 Affected Property Owners 5 7 24 hours Lot Line Adjustment 7 Affected Property Owners 5 7 24 hours Vacating a Subdivision Plat 7 300 Feet 5 7 24 hours Administrative Decisions – Other Land Use Decisions Conditional Use Permit 7 300 feet 5 7 24 hours Administrative Decisions – Nonconformities and Variances Expansion of a Noncompliant Structure or a Structure Containing a nonconforming use 10 300 feet 5 10 24 hours Variance 10 300 feet 5 10 24 hours Table Note 1. These application types require affected entities to be notified. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 10 18.15 LAND USE APPLICATION STEPS 18.15.010 Pre-Application Consultation A. Purpose. The purpose of a pre-application consultation is to engage Millcreek staff for a no-fee, no commitment consultation to discuss the applicant’s concept and to learn about Millcreek’s procedures. B. Applicability. A pre-application consultation may be requested by an applicant or the Planning Director prior to submittal of any application. If a pre-application consultation is required, an application shall not be accepted until after the pre-application consultation is completed. C. Procedure 1. The Planning Director shall schedule a pre-application consultation after either requesting the meeting with the potential applicant or after receipt of a written request for the pre- application consultation, and any required fees are paid. 2. An applicant is entitled to one pre-application consultation free of charge. Additional pre- application consultations may be subject to a payment of a fee as set forth in the Consolidated Fee Schedule. D. Informal evaluation not binding. The informal evaluation of the application is not binding upon the applicant or Millcreek. E. Application required within six months. After a pre-application consultation has been completed, the associated application must be filed within six months. If an application is not filed within such time frame, a new pre-application consultation shall be required prior to filing an application. 18.15.020 Concept Review A. Purpose. A concept review is a more formal process and is intended to provide the applicant with applicable information on development standards and the development process for a proposed project. A concept review will allow the applicant to receive feedback and information from relevant departments and to flag any potential issues the applicant may wish to address prior to application submittal. B. Applicability. A concept review may be requested by an applicant or the Planning Director prior to submittal of any application. If an application type requires a concept review as set forth in MKZ 18.16, the concept review must be completed prior to submittal. C. Procedure 1. The Planning Director shall schedule the concept review for the next available concept review meeting after either requesting the meeting with the potential applicant or receipt of ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 11 a written request for the concept review, submittal of a concept plan, and payment of any applicable fees as set forth in in the Consolidated Fee Schedule. 2. The Planning Director, and any other persons the Planning Director deems appropriate to attend, shall discuss the proposed development at the concept review meeting based upon the information provided by the applicant. 3. The Planning Director shall issue written notes to the applicant regarding the concept review within seven calendar days of the meeting. D. Multiple Meetings. Applicants may request additional concept review prior to submittal if the concept plan changes in scope, intensity, or layout. Additional concept review meetings at the request of an applicant shall be subject to a payment of a fee as set forth in the Consolidated Fee Schedule. 18.15.030 Neighborhood Meeting A. Purpose. A neighborhood meeting is intended for an applicant to inform residents and property owners of potential projects, to help solicit neighborhood input on land use application, to provide any additional local information, and to give the applicant an opportunity to address any relevant neighborhood concerns prior to submittal of an application. B. Applicability. A neighborhood meeting is required for relevant application types, as set forth in MKZ 18.16. C. Procedure. It is the applicant’s responsibility to conduct the neighborhood meeting. The applicant shall organize the meeting and provide adequate proof of notice to include the following: 1. The applicant shall send a written notice stating the place, date, and time of the neighborhood meeting to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.14.060. 2. The applicant shall mail notice via First Class Mail at least one week prior to the neighborhood meeting. 3. The applicant shall e-mail notice to members of the relevant community council(s) at least one week prior to the neighborhood meeting, using email addresses provided by the Planning Director. 4. The neighborhood meeting shall be conducted at a location within Millcreek. 5. Phone calls or informal door to door contacts shall not constitute a neighborhood meeting. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 12 6. The record of a neighborhood meeting shall be submitted with the application and shall include: a. A list of all individuals who were notified; b. A roster of attendees; and c. A copy of the minutes. 18.15.040 Application Submittal A. Purpose. Application Submittals serve as the initial formal interaction between an applicant and Millcreek regarding an application. B. Applicability. Application Submittal is required for any application type. C. Procedure. Application submittals are made electronically through the Millcreek website. 18.15.050 Application Completeness Review A. Purpose. The Purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application. B. Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. C. Timing. The Planning Director shall make a determination of application completeness within fifteen (15) business days of application filing. D. Complete Submittals. If the application is determined to be complete, the Planning Director shall communicate with the applicant, in writing, the timeframe for application review. The application shall then be processed according to the procedures set forth in this Chapter and reviewed for compliance with the applicable regulations of this Code. E. Incomplete Submittals. If an application is determined to be incomplete, the Planning Director shall provide notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur and a new submittal is required with the corrected materials. F. Completeness Criteria. An application can only be deemed complete if it satisfies the requirements as set forth in MKZ 18.14.040. G. Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been accepted for review. In such events, any additional supplementary materials must be received at least thirty (30) days ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 13 prior to the first public meeting / hearing to be held on the application. Millcreek may postpone and reschedule a public meeting / hearing or approval deadline if such reports and studies are submitted less than thirty (30) days prior to a public meeting / hearing. 18.15.060 Application Compliance Review A. Purpose. The application review is intended to ensure that a given application is in conformance with the requirements of all applicable standards of the Millcreek Code other relevant ordinances and statutes. Application review also provides an opportunity to check for the accuracy of documents provided by the applicant. B. Applicability. All applications deemed complete are subject to full review by the Planning Director and other relevant reviewing authorities. C. Procedure. 1. The Planning Director shall review the application and determine if the application meets the standards of the Millcreek Code. If adjustments are needed to meet approval, these will be communicated to the applicant in writing. The applicant will have the opportunity to amend the application and resubmit for subsequent review. 2. As part of the initial review, the Planning Director shall refer the development application to the appropriate review agencies and specify the timeframe for comments to be due back to the Planning Director. 3. Upon an application’s resubmittal for a subsequent review, it shall be reviewed by the agencies who requested revisions. 4. Once the application has been amended to meet the approval of the Planning Director, The Planning Director shall schedule the first public meeting or public hearing, if required, and prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to any scheduled public hearing(s) on the application. The staff report shall indicate whether, in the opinion of the Planning Director, the development application complies with all applicable standards of this Code. 5. If the Planning Director is the Land Use Authority, an application may be approved upon the finding that all necessary revisions have been made and the application is compliant with the regulations of this Code. 6. No application shall be scheduled for a review and recommendation by a community council, if applicable, or a public meeting or public hearing without a review for compliance with the Code and applicable regulations. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 14 18.15.070 Public Notice A. Purpose. Public noticing is required for certain application types to inform the public about the relevant proceedings of an applicant, and to give the public an opportunity to participate in community council meetings, if applicable, and in a Formal Public Engagement as required. B. Applicability. Public notice is required for the application types listed in table 18.15-4 Noticing Summary, or as set forth elsewhere in this Title. C. Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.14.060, or as set forth elsewhere in this Title. 18.15.080 Formal Public Engagement and Community Council Engagement A. Purpose. Formal Public Engagement and Community Council Engagement is required for certain application types so that the public can participate in the proceedings of applicable community councils and of public bodies they make recommendations or decisions on land use applications. B. Applicability. Formal Public Engagement and Community Council Engagement is required for the application types listed in table 18.14-4 Noticing Summary, or as set forth elsewhere in this Title. C. Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.14.060, or as set forth elsewhere in this Title. 18.15.090 Decision and Findings A. Decision. After consideration of the development application, the staff report, comments received from other reviewers (if applicable), and the evidence obtained from a Formal Public Engagement Process, the Land Use Authority shall approve, approve with conditions, or deny the application. For Administrative Decisions, approvals must be based on applicable criteria. B. Approval criteria. To approve an land use application involving an administrative decision, the applicable Land Use Authority shall find that the development application has satisfied and followed the applicable requirements of this Code and all of the approval criteria required for the applicable application. C. Denial. An application for an Administrative Decision may be denied if the request does not meet the requirements of this Code or other relevant ordinances or statutes. An application for a Legislative Decision may be denied at the discretion of the Land Use Authority. D. Findings. For all Administrative Decisions or as required by state law, decisions shall include at the least the following elements: ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 15 1. A written statement of approval, approval with conditions, or denial, whichever is appropriate; and 2. A written statement of the basis upon which the decision was made, including specific written findings of fact with reference to the relevant standards of this Code. E. Final Action. Applicants shall be given a written decision from the Land Use Authority, and it shall be provided by the Planning Director to the applicant within seven days after the decision. F. Failure to Act on Legislative Decisions. If, after a reasonable period of time for the Land Use Authority to consider an application, the Land Use Authority fails to take final action on an application within forty five (45) days of receipt of the written request, then this failure may be appealed to district court within thirty (30) days of the date on which the Land Use Authority should have taken final action. Nothing in this section and no inaction of the Land Use Authority relieves an applicant’s duty to comply with all applicable ordinances and regulations of Millcreek. G. Failure to Act on Administrative Decisions. If the Land Use Authority fails to take final action on an application within forty five (45) days of receipt of the written request, this failure may be appealed to the Land Use Appeal Authority within thirty (30) days of the date on which the Land Use Authority should have taken final action. Nothing in this section and no inaction of the Land Use Authority relieves an applicant’s duty to comply with all applicable Millcreek ordinances and regulations. 18.15.100 Post-Approval Modifications A. Purpose. If, after an application has been approved, it becomes necessary to modify the approved plan, minor modifications may be approved by the Planning and Zoning Department. In no case shall the request for modification exceed what is allowed by zone, to include the result of cumulative requests. Post-Approval Modifications for Development Agreements shall follow the process as set forth in MKZ 18.16.040. B. Minor modifications include: 1. Five percent or less of an increase or decrease in nonresidential floor space. 2. Five percent of an increase or decrease in the amount of land area covered by structures provided the total lot coverage complies with the maximum lot coverage requirements of the governing zoning district. 3. Minor changes in the location of streets and utilities for reasons not caused by the applicant. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 16 C. Approval Criteria include: 1. The minor modification does not result in an increase in the approved number of dwelling units. 2. The minor modification does not result in a change in the housing unit type. 3. The minor modification does not result in a change in the character of the development. 4. The minor modification includes additional mitigating measures to reasonably mitigate anticipated detrimental effects of the proposed use. D. Minor Modifications for Site Plan. If after an application has been approved, and needed modifications exceed those permitted in a minor modification, a minor site plan amendment application shall be submitted per the requirements of this chapter. Should changes not be permissible under the criteria for Minor Site Plan Amendments, a new site plan shall be required. 18.15.110 Expirations and Extensions of Land Use Approvals A. If applicable, the expiration time frames as set forth in MKZ 18.16, Specific Application Procedures, may be extended only when each of the following conditions exist: 1. The provisions of this Code must expressly allow the extension; 2. An extension request must be filed prior to the applicable expiration deadline; 3. The extension request must be in writing and must show good cause; and 4. Unless otherwise noted, authority to grant extensions of time shall rest with the Land Use Authority that granted the original approval being extended. B. The Planning Director may grant no more than one extension for a period of up to one year for good cause, unless otherwise noted in this Title. 1. “Good cause" for purposes of this section shall mean justifiable and reasonable reasons why an application did not commence in a timely manner. 2. Examples of good cause include delays in preparation of construction documents due to new information not available at time of approval, changes in site conditions, lack of materials, financing issues, labor supply problems or similar causes not solely the result of the applicant's failure to pursue the development with due diligence. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 17 18.15.120 Subsequent Applications for Legislative Approvals Following denial of an application for a legislative approval, the City Council shall not decide on the same or substantially the same application within one year of the date of denial. The waiting period required by this Section may be waived in an individual case, for good cause shown, by the City Council upon a written request by the applicant. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 18 18.16 SPECIFIC PROCEDURES BY APPLICATION CATEGORY AND TYPE 18.16.010 Legislative Decisions A. General Plan and Future Land Use Map Adoption or Amendment 1. Purpose. The purpose of this Section is to provide standards to amend the text and/or maps of the General Plan. The amendment process is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for General Plan and Future Land Use Map Adoptions or Amendments is set forth in Table 18.16-1. 2. Applicability. The City or any person may file an application requesting an amendment to the General Plan or Future Land Use Map. Applications for General Plan and Future Land Use Map Adoption or Amendments shall include the reasons or basis upon which the applicant believes the general plan should be amended. Amendments to the General Plan and Future Land Use Map shall comply with the procedures set forth in Utah Code Ann. § 10-9a-101 et seq. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Neighborhood Meeting c. Application Submittal. An associated Development agreement may be required as determined by the Planning Director. A development agreement must be considered concurrently with the application, and shall follow the procedure as set forth in MKZ XX.XX.XXX. d. Application Completeness Review e. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. f. Public Notice g. Formal Public Engagement 1) The application shall be presented to the relevant Community Council(s) for a recommendation; and ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 19 2) The Planning Commission shall hold a public hearing and make a recommendation to the Land Use Authority; and 3) The City Council shall hold a public meeting and shall be the Land Use Authority for General Plan and Future Land Use Map Adoption or Amendment applications. h. Decision. 4. Submittal Requirements. Any person seeking an amendment to the General Plan or Future Land Use Map shall submit a complete application, a completed General Plan or Future Land Use Map Adoption or Amendment Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow City Council to make a decision. Table 18.16-1 General Plan and Future Land Use Map Adoption or Amendment Meeting and Noticing Requirements Code Reference Pre-Application Consultation Required MKZ 18.15.010 Neighborhood Meeting Required MKZ 18.15.020 Community Council Recommendation Required MKZ 18.14.050 Planning Commission Public Hearing and Recommendation Required MKZ 18.14.050 MKZ 18.15.080 City Council Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Notice to Affected Entities Required MKZ 18.14.060 Mailed Noticing Requirement for Property Owners – Distance 600 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to first Community Council Meeting MKZ 18.14.060 B. Land Use Code Text Amendment 1. Purpose. The purpose of this Section is to provide standards to amend the text of the Land Use Code. The Land Use Code Text Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.16-2. 2. Applicability. The City or any person may file an application requesting an amendment to the text of this Land Use Code. Applications for Land Use Code Text Amendments shall include the reasons or basis upon which the applicant believes the Land Use Code should be amended. Amendments to the Land Use Code shall comply with the procedures set forth in Utah Code Ann. § 10-9a-101 et seq. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 20 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Application Submittal. An associated Development agreement may be required as determined by the Planning Director. A development agreement must be considered concurrently with a Land Use Text Amendment application and shall follow the procedure as set forth in MKZ XX.XX.XXX. c. Application Completeness Review d. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. e. Public Notice f. Formal Public Engagement 1) The application shall be presented to all Community Councils for a recommendation; and 2) The Planning Commission shall hold a public hearing and make a recommendation; and 3) The City Council shall hold a public meeting and shall be the Land Use Authority for Land Use Code Text Amendment applications. g. Decision. 4. Submittal Requirements. Any person seeking an amendment to the Land Use Code shall submit a complete application, a completed Land Use Code Amendment Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow City Council to make a decision. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 21 Table 18.16-2 Land Use Code Text Amendment Meeting and Noticing Requirements Code Reference Pre-Application Consultation Required MKZ 18.15.010 Community Council Recommendation Required MKZ 18.14.050 Planning Commission Public Hearing and Recommendation Required MKZ 18.14.050 MKZ 18.15.080 City Council Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Notice to Affected Entities Required MKZ 18.14.060 Mailed Noticing Requirement for Property Owners – Distance 600 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to first Community Council Meeting MKZ 18.14.060 C. Zoning Map Amendment 1. Purpose. The purpose of this Section is to provide standards to amend the boundaries of any zone district, or the zone classification of any property in a zone district. The Zoning Map Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.16-3. 2. Applicability. The City or any person may file an application requesting an amendment to the Official Zoning Map. Zoning Map Amendment applications shall include the reasons or basis upon which the applicant believes the Zoning Map should be amended. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Concept Review c. Neighborhood Meeting d. Application Submittal. An associated Development agreement may be required as determined by the Planning Director. A development agreement must be considered concurrently with a Zoning Map Amendment application, and shall follow the procedure as set forth in MKZ XX.XX.XXX. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 22 e. Application Completeness Review f. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. g. Public Notice h. Formal Public Engagement 1) The application shall be presented to the relevant Community Council(s) for a recommendation; and 2) The Planning Commission shall hold a public hearing and make a recommendation; and 3) The City Council shall hold a public meeting and shall be the Land Use Authority for Zoning Map Amendment applications. i. Decision. 4. Submittal Requirements. Any person seeking a Zoning Map Amendment shall submit a complete application, a completed Zoning Map Amendment Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow City Council to make a decision. Table 18.16-3 Zoning Map Amendment Meeting and Noticing Requirements Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Neighborhood Meeting Required MKZ 18.14.030 Community Council Recommendation Required MKZ 18.14.050 Planning Commission Public Hearing and Recommendation Required MKZ 18.14.050 MKZ 18.15.080 City Council Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Notice to Affected Entities Required MKZ 18.14.060 Mailed Noticing Requirement for Property Owners – Distance 600 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to first Community Council Meeting MKZ 18.14.060 ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 23 D. Development Agreement 1. Purpose. The purpose of this Section is to provide standards for the consideration and adoption of development agreements as part of applications for Legislative Decisions. Development agreements are intended to stipulate specific unique details of a development proposal that exceed the standards of the Code, in order to establish a clear understanding of timing, responsibility, and other relevant details regarding a proposal and its supporting infrastructure. 2. Applicability. A development agreement is a voluntary process on the part of Millcreek and the Applicant. A development agreement must be submitted concurrently with a land use application for a Legislative Decision. 3. Procedure. Approval of a development agreement shall follow the procedure for the relevant application type. 4. Minimum Standards. The Development Agreement shall include, at a minimum, the following: a. Site plans and building elevations. b. A detailed narrative of materials, design, uses, public and private amenities, landscaping, or any other detail that is relevant to the development agreement. c. A list of all agreed-upon public improvements, an estimate of the cost of such improvements, the proposed form of construction security for the improvements, and any other provisions or conditions deemed necessary by Millcreek to ensure that all public improvements will be completed in a timely, cost-effective manner that meets the Millcreek’s standards. d. A clause that states that the developer would not object to a decision by the City to initiate a Zoning Map Amendment for the property and withdraw from the Development Agreement if a building permit is not applied for within two years of execution of the Development Agreement, or if the Development Agreement is not recorded within two years of execution of the Agreement. 5. Submittal Requirements. Any person seeking a Development Agreement as part of a land use application for a Legislative Decision shall submit an additional fee as set forth in MKZ 18.14.040, shall follow the application procedure and submittal requirements for the relevant application type, and shall submit and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow City Council to make a decision. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 24 18.16.020 Administrative Decisions – Subdivisions A. Minor Subdivision 1. The purpose of this Section is to provide standards for Minor Subdivisions. Minor Subdivisions are intended to provide for a streamlined review for small scale projects with limited impact. A Minor Subdivision is required prior to issuance of a grading permit, if applicable, or building permit, or other minor development activities. A summary of meeting and noticing requirements for applications Minor Subdivisions is set forth in Table 18.16-4. 2. Applicability. The minor subdivision procedure is applicable for a property creating or modifying three lots or fewer. Plats involving four or more lots are not eligible for the Minor Subdivision procedure. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required, unless noted otherwise. a. Pre-application Consultation. This is optional at the applicant’s request for regular residential subdivisions and required for all other subdivisions. If the applicant requests a pre-application consultation, then Millcreek shall, within fifteen (15) business days, schedule the pre-application consultation to review the concept plan and give initial feedback. b. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions. c. Application Submittal d. Application Completeness Review. In the case of minor regular residential subdivisions, after the application is deemed complete, Millcreek has fifteen (15) business days to provide the initial review back to the applicant. e. Application Compliance Review f. Public Notice g. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Minor Subdivision applications. h. Decision and Findings 4. Approval Criteria. The Planning Director shall approve the request if: a. The minor subdivision creates no more than three lots in total. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 25 b. The minor subdivision does not create remnant or otherwise unusable lots or parcels. c. The minor subdivision is consistent with and complies with the requirements specific zoning district in which it is located. d. The lots created with the proposed minor subdivision have a buildable area that would not require a future variance in order to construct the use the lot is intended for. e. As applicable, the minor subdivision is consistent with the terms and conditions of any previously approved plat. f. The minor subdivision will not limit Millcreek’s ability to effectively provide facilities or services. g. No new lot nor any lot affected by the subdivision will have a noncomplying structure or a structure occupied by a nonconforming use. 5. Submittal Requirements. Any person seeking a Minor Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping improvement or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14. 7. Expiration. Failure to submit the approved minor subdivision for recording within six months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new minor subdivision application for review. Prior to expiration of the six month period, the Planning Director may grant no more than one extension as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 26 Table 18.16-4 Minor Subdivision Meeting and Noticing Requirements Code Reference Pre-Application Consultation Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.010 Concept Review Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.020 Planning Director Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to Planning Director Public Meeting MKZ 18.14.060 B. Major Subdivision 1. The purpose of this Section is to provide standards for Major Subdivisions. Major Subdivisions are intended to ensure lots and development that conform with zoning regulations, and all applicable Millcreek standards. A summary of meeting and noticing requirements for applications for Major Subdivisions is set forth in Table 18.16-5. 2. Applicability. The major subdivision procedure is required for a proposed division of land when one or more of the following conditions exist: a. The resultant subdivision will produce four or more lots; or b. The subdivision is not otherwise eligible for approval as a Minor Subdivision. 3. Procedure Overview. Major Subdivisions require two steps. a. Preliminary Subdivision, which requires approval by the Planning Commission; and b. Final Subdivision, which requires approval by the Planning Director. 4. Preliminary Subdivision Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required, unless noted otherwise. a. Pre-application Consultation. This is optional at the applicant’s request for regular residential subdivisions and required for all other subdivisions. If the applicant requests a pre-application consultation, then Millcreek shall, within fifteen (15) business days, ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 27 schedule the pre-application consultation to review the concept plan and give initial feedback. b. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions. c. Neighborhood Meeting. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions. d. Application Submittal e. Application Completeness Review. In the case of minor regular residential subdivisions, after the application is deemed complete, Millcreek has fifteen (15) business days to provide the initial review back to the applicant. f. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. g. Public Notice h. Formal Public Engagement. The Planning Commission shall hold a public meeting and shall be the Land Use Authority for Major Subdivision applications. i. Decision and Findings 5. Preliminary Subdivision Approval Criteria. The Planning Commission shall approve the request if: a. The Preliminary Subdivision is consistent with and complies with the requirements specific zoning district in which the Preliminary Subdivision is located and the applicable requirements of this Code and other applicable Millcreek and State requirements. b. As applicable, the Preliminary Subdivision is consistent with the terms and conditions of any previously approved development plan or development agreements. c. Provides a layout of lots, streets, blocks, driveways, utilities, drainage, and other public facilities as required by all applicable standards of this Code and applicable regulations and standards. d. The project preserves, protects, integrates, or mitigates impacts to any identified sensitive or hazardous natural features associated with the site. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 28 e. The Preliminary Subdivision will not limit Millcreek’s ability to effectively provide facilities or services. f. The Planning Commission may not approve a Preliminary Subdivision that will have a noncomplying structure or a structure occupied by a nonconforming use. 6. Preliminary Subdivision Submittal Requirements. Any person seeking a Major Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 7. Preliminary Subdivision Post Approval Action. Following an approval or approval with conditions of a Preliminary Subdivision, the Planning Director shall issue a timely written record of decision, including any required conditions of approval, along with a copy of the approved preliminary plat, as set forth in MKZ 18.15.090. 8. Preliminary Subdivision Expiration. Preliminary Subdivision Expiration. Approval of a Preliminary Subdivision shall be effective for six months following the date of the approval letter. An approved Preliminary Subdivision shall expire and be of no further force and effect if a complete Final Subdivision application for the subdivision or a phase of the subdivision has not been submitted within six months after the date of the approval letter. In the case of phased Final Subdivision submission, the approval of the remaining portion of the Preliminary Subdivision shall automatically gain an extension of six months, up to a maximum number of years specified by the Planning Commission at the time of approval of the initial phase. Prior to expiration of the six month period, the Planning Director may grant one extension as set forth in MKZ 18.15.110. 9. Final Subdivision Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review. Application compliance reviews shall be completed within twenty (20) business days for regular residential subdivisions. 10. Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping improvement or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 29 11. Final Subdivision Approval. The Planning Director shall approve, conditionally approve, or deny the Final Subdivision and approve the plat and engineering plans based on the approval criteria in this section. The Planning Director shall confirm that: a. The Final Subdivision is in conformance with the previously approved Preliminary Subdivision and any conditions imposed by the Planning Commission; and b. The Final Subdivision will comply with the applicable requirements of this Code and other applicable Millcreek and State requirements. 12. Expiration. Failure to submit the approved major subdivision for recording within six months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new minor subdivision application for review. Prior to expiration of the six month period, the Planning Director may grant no more than one extension as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. Table 18.16-5 Major Subdivision Meeting and Noticing Requirements Code Reference Preliminary Subdivision Pre-Application Consultation Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.010 Concept Review Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.020 Neighborhood Meeting Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.030 Planning Commission Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to Planning Director Public Meeting MKZ 18.14.060 Final Subdivision Pre-Application Consultation Optional MKZ 18.15.010 Concept Review Optional MKZ 18.15.020 ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 30 C. Condominium Subdivisions, Condominium Conversions, and Condominium Vacations. 1. Purpose. The purpose of this Section is to provide standards for Condominium Subdivisions, Condominium Conversions, and Condominium Vacations as part of an application for a Major Subdivision, a Subdivision Amendment, or a Vacation of a Subdivision Plat. Condominium Subdivisions, Condominium Conversions, and Condominium Vacations shall be reviewed pursuant to the requirements as set forth in Utah Code Ann. 57-8-101 et seq. and shall follow the major subdivision procedure with additional documentation as set forth in Utah Code Ann. 57-8-101 et seq., as amended. Condominium Conversions are intended to allow for existing multifamily developments to be converted into condominiums to promote affordable homeownership in Millcreek. 2. Applicability. Any application affecting a plat or property that is defined as a Condominium Plat or Condominium as set forth in Utah Code Ann. 57-8-101 et seq., is subject to the standards of this section. 3. Procedure. A Condominium Subdivision, Condominium Conversion, or Condominium Vacation shall follow the procedures for the relevant application type, and Condominium Conversions shall the procedures as set forth in this Section. 4. Condominium Conversion Submittal Requirements. Any person seeking a Condominium Conversion shall submit a complete Major Subdivision application, completed Subdivision Requirements and Condominium Conversions Checklists, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. Additionally, a Property Report must be submitted for any Major Subdivision application for a Condominium Conversion, and the Property Report shall include the following requirements: a. A site plan indicating the layout of existing landscaping, parking, and amenities. b. The age of the building or buildings. c. The general condition, useful life and capacity of the building’s structural elements, including the roof, foundations, mechanical system, electrical system, plumbing system, boiler, and other structural elements. d. All known conditions constituting deficiencies requiring repair to meet existing building codes. e. All known conditions which may require repair or replacement within the next succeeding five year period. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 31 f. A statement from a third-party building inspector licensed to practice in the State of Utah that the structure or structures have been inspected for compliance with the international building code minimum standards. If the building inspector finds deficiencies with the structure or structures, the applicant shall present plans to bring the structure or structures into conformity with said standards prior to issuance of certificates of occupancy. g. Where it is determined that physical conditions in an existing building do not allow the strict application of the international building code standard, the Land Use Appeal Authority shall review all requests to vary from these standards and may grant variances or approve alternates where it is determined the intent of the requirement will be met. In any event, there shall be disclosure to buyers of any conditions that do not meet code or standards set by Millcreek. 5. Condominium Conversion Application Compliance Review Requirements. As part of an Application Compliance Review for an application for a Preliminary Major Subdivision, the Application Compliance Review shall include the following actions: a. Building Inspection Staff Review. Upon receipt of the application for approval of a condominium project, the building inspection department shall review the proposed building plans for new construction and/or in the case of a conversion project, the property report and plan of improvement, renovations, and repairs to determine conformance with applicable building codes. In the case of a conversion, the department shall require inspections of the property and may require supplementation, revision, and resubmission of the property report where necessary. In the preliminary review report to the planning commission, the building inspection department shall note corrections, repairs and replacements which must be made to bring the structures into code compliance, together with a list of renovation improvements proposed by the owner/developer which are not required by code. The chief building official shall also list any requirements of the international building code that needs board of appeal consideration due to unique circumstances associated with the structure. The building official may then recommend denial until such time as existing violations of code are corrected or may recommend preliminary approval of the project and building report subject to correction of the violations prior to final approval. b. Fire Marshal Review. The fire marshal shall inspect each structure proposed for conversion and shall submit a report thereon to the planning staff outlining the conditions of the structures as they relate to fire safety. The marshal shall stipulate those conditions requiring improvement, prior to occupancy, in the report. c. Code Compliance Review. The City Code Compliance inspector shall inspect each structure proposed for conversion and shall submit a report thereon to the planning staff outlining the conditions of the structure as they relate to municipal code ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 32 compliance. Millcreek shall stipulate those conditions requiring improvement, prior to being issued final plat approval, in the report. 6. Public Notice – Additional Requirements for Condominium Conversions. In addition to the Public Notice requirements for Subdivisions as set forth in MKZ 18.14.060, the applicant for a Condominium Conversion shall provide written notice of intended conversion to the existing tenants as of the date of the application. Service of the written notice shall be in accordance with a service of a summons as set forth in the Utah Rules of Civil Procedure. The applicants shall provide proof of service stating the date, place, and manner of service, including a copy of the notice. 7. Approval Criteria for Condominium Conversions. The Planning Commission shall approve the request if it satisfies the Preliminary Approval Criteria for Major Subdivisions as set forth in MKZ 18.16.020 and the following additional criteria: a. Any condominium conversion shall have a minimum of eight legal units or lots. One or more single-family detached dwellings shall not be platted as a condominium development. b. To be considered for a condominium conversion, an existing multifamily development must have been legally established at least five years prior to filing an application for a condominium conversion. D. Subdivision Amendment for Minor Plat Adjustments 1. Purpose. The purpose of this Section is to provide standards for Subdivision Amendments that make minor changes to lots that are of a small, technical nature, but largely do not affect otherwise approved or existing plats. The Planning Director shall allow such modifications according to the criteria within this Section. A summary of meeting and noticing requirements for applications for Subdivision Amendments for Minor Plat Adjustments is set forth in Table 18.16-6. 2. Applicability. A subdivision amendment may only be considered on approved subdivisions. If an application for a subdivision amendment cannot satisfy the approval criteria in this section, it shall be processed as a Minor or Major Subdivision. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Application Submittal c. Application Completeness Review ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 33 d. Application Compliance Review e. Public Notice f. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Subdivision Amendment applications. g. Decision and Findings 4. Approval Criteria. The Planning Director shall approve the request if: a. The amended plat is in substantial conformance with the original approved subdivision. b. The amended subdivision does not increase the number of lots or parcels or create new lots or parcels. c. The amended subdivision does not eliminate or move a recorded easement without the prior approval of the easement holder. d. The amended subdivision will not create any nonconformities or increase the degree of nonconformity of any existing structure or use. e. The amended plat is compliant with all other applicable requirements of this Code and all other applicable regulations and standards. 5. Submittal Requirements. Any person seeking a Subdivision Amendment for Minor Plat Adjustments shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. Failure to submit the approved subdivision amendment for recording within six months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new subdivision amendment application for review. Prior to expiration of the six month period, the Planning Director may grant no more than one extension as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 34 Table 18.16-6 Subdivision Amendment for Minor Plat Adjustments Meeting and Noticing Requirements Code Reference Pre-Application Consultation Required MKZ 18.15.010 Planning Director Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance Affected Property Owners MKZ 18.14.060 MKZ 18.98 Mailed Noticing Requirement – Time 7 days prior to Planning Director Public Meeting MKZ 18.14.060 E. Lot Line Adjustment 1. Purpose. The purpose of this Section is to provide standards for Lot Line Adjustments that make minor changes to lots that are of a small, technical nature, but largely do not otherwise affect existing plats. The Planning Director shall allow such modifications according to the criteria within this Section. A summary of meeting and noticing requirements for applications for Lot Line Adjustments is set forth in Table 18.16-7. 2. Applicability. A lot line adjustment may only be considered on approved subdivisions. Only adjacent lots may be involved in a single action whether or not the lots are located in the same subdivision. Neither lot involved may have received a prior lot line adjustment. The fifteen percent (15%) limitation as set forth in the Approval Criteria for lot line adjustments is an aggregate of all previous lot line adjustments. If an application for a subdivision amendment cannot satisfy the approval criteria in this section, it shall be processed as a Minor or Major Subdivision. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review d. Public Notices e. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Lot Line Adjustment applications. f. Decision and Findings 4. Approval Criteria. The Planning Director shall approve the request if: ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 35 a. The lot line adjustment does not increase or decrease the area of an existing lot by more than fifteen percent b. The lot line adjustment does not increase or decrease the number of lots or create new lots or parcels. c. The lot line adjustment does not affect a recorded easement without the prior approval of the easement holder. d. Existing platted easements adjacent to the lot line being adjusted remain in their original locations and no new easements are dedicated. e. Rights-of-way, ingress or egress easements, or any required common areas are not affected or changed. f. The lot line adjustment will not create any nonconformities or increase the degree of nonconformity of any existing structure or use. g. The lot line adjustment does not result in a lack of conformance with any other applicable requirements of this Code and all other applicable regulations and standards. 5. Submittal Requirements. Any person seeking a Lot Line Adjustment shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority City to make a decision. 6. Expiration. Failure to submit the approved lot line adjustment for recording within six months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new lot line adjustment application for review. Prior to expiration of the six month period, the Planning Director may grant no more than one extension as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. Table 18.16-7 Lot Line Adjustment Meeting and Noticing Requirements Code Reference Pre-Application Consultation Optional MKZ 18.15.010 Planning Director Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance Affected Property Owners MKZ 18.14.060 MKZ 18.98 Mailed Noticing Requirement – Time 7 days prior to Planning Director Public Meeting MKZ 18.14.060 ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 36 F. Parcel Line Adjustment 1. Purpose. The purpose of this Section is to provide standards for parcel line adjustment that make minor changes to parcels that are of a small, technical nature, but largely do not otherwise affect existing parcels. 2. Applicability. A parcel line adjustment may only be made to a property that is not a lot and must meet the criteria listed in this section. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review d. Decision and Findings. The Planning Director shall be the Land Use Authority for Parcel Line Adjustment applications. 4. Approval Criteria. The Planning Director shall approve the request if: a. The parcel line adjustment does not increase or decrease the area of an existing lot by more than fifteen percent b. The parcel line adjustment does not increase or decrease the number of lots or create new lots or parcels. c. The parcel line adjustment does not affect a recorded easement without the prior approval of the easement holder. d. Existing platted easements adjacent to the parcel line being adjusted remain in their original locations and no new easements are dedicated. e. Rights-of-way, ingress or egress easements, or any required common areas are not affected or changed. f. The parcel line adjustment will not create any nonconformities or increase the degree of nonconformity of any existing structure or use. g. The parcel line adjustment does not result in a lack of conformance with any other applicable requirements of this Code and all other applicable regulations and ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 37 standards. 5. Submittal Requirements. Any person seeking a Lot Line Adjustment shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. G. Vacating a Subdivision Plat. The vacation of a subdivision plat shall comply with the requirements as set forth in Utah Code Ann. §10-9a-609, and shall follow the process as outlined below: 1. Vacation of subdivisions with three or fewer lots shall follow the Minor Subdivision process. 2. Vacation of subdivisions with more than three lots shall follow the Major Subdivision process. 3. The City Council may vacate a subdivision or a portion of a subdivision by adopting and recording an ordinance pursuant to Utah Code Ann. §10-9a-609. H. Public Street or Municipal Utility Easement Vacation 1. Purpose. The purpose of this Section is to provide standards for the vacation of public streets or municipal utility easements. Dedicated public streets and municipal utility easements may be vacated, in whole or in part, in the event Millcreek determines that all or a portion of the public street or municipal utility easement is unnecessary or infeasible for future public access or use. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.16-8. 2. Applicability. A public street or municipal utility easement may be vacated by filing an application for a minor subdivision, a major subdivision, or a subdivision amendment, or the City Council may approve a petition to vacate a public street or municipal utility easement by ordinance. 3. Procedure – Public Street or Municipal Utility Easement Vacation By Plat. A vacation of a public street or municipal utility easement may be accomplished through the filing of an application for a Minor Subdivision, a Major Subdivision, or a Subdivision Amendment, and shall follow the process for each application type, and the following additional steps: a. After the Land Use Authority grants Preliminary Subdivision approval and before a Final Subdivision approval is issued, the City Council shall hold a public hearing to consider the vacation of a public street or municipal utility easement. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 38 b. Public Notice shall follow the process as set forth in MKZ 18.14.060. c. A public hearing shall follow the process as set forth in MKZ 18.14.050. d. In the event that a vacation of a public street or municipal utility easement is accompanied through the filing of a subdivision plat, the final decision on the plat shall be withheld until the City Council issues a decision regarding the vacation of a public street or municipal utility easement 4. Procedure – Public Street or Municipal Utility Easement Vacation by Ordinance. In lieu of a Minor Subdivision, Major Subdivision, or Subdivision Amendment, a petition to vacate a public street or municipal utility easement may be filed following the procedure as set forth in Utah Code Ann. §10-9a-609.5, and shall follow the procedure as set forth below: a. Pre-Application Consultation b. Concept Review c. Neighborhood Meeting d. Application Submittal e. Application Completeness Review f. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. g. Public Notice h. Formal Public Engagement 1) The Planning Commission shall hold a public hearing and make a recommendation; and 2) The City Council shall hold a public meeting and shall be the Land Use Authority for Public Street or Municipal Utility Easement Vacation applications. i. Decision and Findings 5. Approval Criteria. Public streets or municipal utility easements shall not be vacated unless the following criteria are met: ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 39 a. The vacation does not deprive abutting properties of adequate, legal access to existing or proposed public utilities or drainage installations. b. The vacation is consistent with the General Plan and other adopted policies and plans, including any adopted transportation plan or streets/roadway plan; c. The land to be vacated is no longer necessary for the public use and convenience; d. The right-of-way no longer needed for public transportation purposes; e. The vacation will not adversely impact use of the right-of-way for public utility and/or drainage purposes; f. Access to lots or properties surrounding the plat will not be adversely affected, and the vacation will not leave any land-locked properties or deprive abutting properties of adequate, legal access; g. The vacation will not adversely impact the health, safety and/or welfare of the general community, or reduce the quality of public facilities or services provided to any property, including but not limited to police/fire protection, access, and utility service; and h. The vacation is consistent with the purpose of this Code and state law. 6. Submittal Requirements. Any person seeking a Public Street or Municipal Utility Easement Vacation shall submit a complete application, a completed Public Street or Municipal Utility Easement Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow City Council to make a decision. 7. Final Approval and Recording. Approval of a plat or ordinance vacating a public street or municipal utility easement be deemed as certification of the vacation. With this certification, the Planning and Zoning Department shall forward a signed copy of the signed plat or ordinance to the Salt Lake County Recorder for recording. Failure of the applicant to submit any revised information or legal description which enables the ordinance to be processed as approved within three months following approval shall render the vacation void. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 40 Table 18.16-8 Public Street and Municipal Utility Easement Meeting and Noticing Requirements Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Neighborhood Meeting Required MKZ 18.15.030 Planning Commission Public Hearing and Recommendation Required MKZ 18.14.050 MKZ 18.15.080 City Council Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Notice to Affected Entities Required MKZ 18.14.060 Mailed Noticing Requirement for Property Owners – Distance Each property that is accessed by the public street of municipal utility easement. MKZ 18.14.060 Mailed Noticing Requirement – Time 10 days prior to Planning Commission Public Hearing MKZ 18.14.060 ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 41 18.16.030 Administrative Decisions – Other Land Use Decisions A. Conditional Use Permit 1. Purpose. The purpose of this Section is to provide standards for Conditional Use Permits, which are intended for a land use that, because of the unique characteristics or reasonably anticipated detrimental effects of the land use on Millcreek, surrounding neighbors, or adjacent land uses, require additional consideration subject to objective standards. The additional consideration allows for the Planning Commission to impose reasonable conditions to mitigate reasonably anticipated detrimental effects. The intent of the conditional use is to take identify reasonably anticipated detrimental effects and impose reasonable conditions on a use, including but not limited to noise, pollution, traffic, or other similar harms to the general health, safety and welfare of Millcreek. A summary of meeting and noticing requirements for applications for Conditional Use Permits is set forth in Table 18.16-9. 2. Applicability. A Conditional Use Permit is required for those uses listed as a conditional use in the applicable zoning district regulations of this Code. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Concept Review c. Neighborhood Meeting d. Application Submittal e. Application Completeness Review f. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. g. Public Notice h. Formal Public Engagement 1) The application shall be presented to the relevant Community Council(s) for a recommendation; and 2) The Planning Commission shall hold a public meeting and shall be the Land Use Authority for Conditional Use Permit applications. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 42 i. Decision and Findings 4. Approval Criteria. The Planning Commission shall consider the following criteria in reviewing all conditional use applications: a. The proposed conditional use shall comply with Millcreek ordinances, Federal, and State Law, as applicable to the use and to the site where the conditional use will be located; and b. The Land Use Authority shall approve a Conditional Use Permit if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use. Detrimental effects of the proposed use include: 1) Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, parking lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer. 2) Detrimental effects on the adequacy of utility systems, water and sewer, solid waste, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, irrigation systems, or preserving existing systems, including other reasonable mitigation as determined by Millcreek’s engineering staff, contracted engineers, and utility service providers. 3) Detrimental effects on connectivity and safety for pedestrians and bicyclists. 4) Detrimental effects by the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable, within a neighborhood including effects of environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance. 5) Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, the removal of dangerous or blighted structures, high ground water, environmental health hazards, or wetlands, as determined by the City Engineer, and/or other qualified specialists. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 43 6) Detrimental effects of modifications to exterior lighting that conflict with abutting properties. 7) Detrimental effects arising from site design and/or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar access, landscaping, fencing, screening, lighting (on-site and adjacent street lighting), signs, and architectural design and exterior detailing/finishes and colors within the area. 8) Detrimental effects on emergency fire service and emergency vehicle access. 9) Detrimental effects on usable/functional/accessible open space and sensitive lands. 10) Detrimental effects arising from inadequate maintenance of the property and structures in perpetuity including performance measures, compliance reviews, and monitoring. 11) Detrimental effects of excessive storm water generation. c. Conditions of Approval. Unless otherwise specified in this Code or in Utah Code Ann. §10-9a-507, the Planning Commission shall approve with conditions, based on standards, all conditional use applications. In such cases, any conditions attached to approvals shall be directly related to the anticipated detrimental effects of the proposed use or development. No conditions of approval shall be less restrictive than the requirements of this Code, except where the Code allows flexibility. d. All conditional uses are presumed to be compatible in the zone and compatible with the intent of the General Plan. e. Denial. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the Land Use Authority may deny the conditional use. 5. Submittal Requirements. Any person seeking a Conditional Use Permit shall submit a complete application, a completed Conditional Use Permit Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Revocation. Upon a determination by Millcreek that there is a failure to comply with a condition of a conditional use permit, the Planning Director shall forward that determination to the Planning Commission for review at a public meeting. The Planning Commission shall consider staff’s recommendation and make a recommendation to the ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 44 Land Use Hearing Officer (LUHO) regarding whether a failure to comply with a condition of the conditional use permit exists. At a hearing of the LUHO, the LUHO shall determine if there is a failure to comply with a condition of the approved Conditional Use Site Plan. Should the LUHO determine that there is failure to comply with condition(s) of the Conditional Use, the LUHO shall revoke the Conditional Use Permit. 7. Expiration. A Conditional Use Permit granted pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.15.110. For the purposes of this section, “action” means obtaining a building permit pursuant to the issuance of a conditional use permit or, if a building permit is not required, obtaining a business license pursuant to the issuance of a conditional use permit. 8. Discontinuance and Termination of Right. If a Conditional Use Permit is abandoned or discontinued for a period of twelve (12) continuous months, the Planning Director may provide notice via certified mail to the applicant and upon such notice, the Conditional Use Permit shall expire. Prior to expiration of the Conditional Use Permit due to discontinuation, the Planning Director may approve one, six month extension of the Conditional Use Permit if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district which such property is classified. 9. Transferability. Conditional Use Permits shall run with the land. Table 18.16-9 Conditional Use Permit Meeting and Noticing Requirements Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Neighborhood Meeting Required MKZ 18.15.030 Community Council Recommendation Required MKZ 18.14.050 Planning Commission Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to first Community Council Meeting MKZ 18.14.060 B. Site Plan Approval for Permitted Uses 1. Purpose. The purpose of this Section is to establish standards for Site Plan Approvals for Permitted Use approvals that are intended to ensure that development or redevelopment in Millcreek is developed in accordance with this Code. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 45 2. Applicability. A Site Plan Approval is required under the following circumstances: a. Construction, reconstruction or alteration of a building or structure. b. Review of a permitted use approval or a request for reasonable accommodation for a group home or residential facility for persons with a disability, subject to the standards as set forth in MKZ XX.XX.XX and MKZ XX.XX.XX c. Changes or alterations to an existing site plan do not otherwise qualify for a Minor Site Plan Amendment. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Concept Review b. Application Submittal c. Application Completeness Review d. Application Compliance Review e. Decision and Findings. The Planning Director shall be the Land Use Authority for Site Plan Approval for Permitted Uses applications. 4. Approval Criteria. The Planning Director shall approve the site plan if it is in compliance with all applicable provisions of this Code and other applicable Millcreek policies. 5. Submittal Requirements. Any person seeking a Site Plan Approval for Permitted Uses shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A site plan that is approved pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.15.110. For purposes of this subsection, "action" means obtaining a building permit. 7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six continuous months the site plan shall be considered expired. Prior to expiration of the site plan due to discontinuation, the Planning Director may approve one, six month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 46 provisions and regulations of this Code, applicable to the zoning district which such property is classified. 8. Transferability. Site plans shall run with the land. C. Change of Use Permit 1. Purpose. The purpose of this Section is to establish standards for Change of Use Permits, which are intended for developed property that has changed from one use to another. This permit is intended to ensure that the existing site is adequate for the new use, and that the proposed use is compliant with all applicable standards. 2. Applicability. A Change of Use Permit is required when any existing property changes from one use classification established in this Title to another use classification established in this Title. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review d. Decision and Findings. The Planning Director shall be the Land Use Authority for Change of Use applications. 4. Approval Criteria. The Planning Director shall approve the site plan if it is in compliance with all applicable provisions of this Code and other applicable Millcreek policies, including the following: a. The new use is permitted in the governing zoning district; and b. The new use complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements. 5. Submittal Requirements. Any person seeking a Change of Use Permit shall submit a complete application, a completed Change of Use Permit Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 47 D. Minor Site Plan Amendment 1. Purpose. The purpose of this Section is to establish standards and a streamlined review process for Minor Site Plan Amendments, which allow for minor changes to approved site plans for conditional and permitted uses. 2. Applicability. An applicant who has obtained a site plan that has been previously approved may apply for a Minor Site Plan Amendment approval for minor changes to the site plan, subject to the approval criteria as set forth in this section. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review d. Decision and Findings. The Planning Director shall be the Land Use Authority for Minor Site Plan Amendment applications. 4. Approval Criteria. The Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following: a. The proposed change does not significantly alter the approved access, circulation, or layout of the approved site plan. b. The proposed changes do not increase the number of residential units. c. The proposed change does not expand commercial floor area more than ten percent d. The proposed change is in conformance with all applicable requirements of the Code and other relevant Millcreek and State regulations. e. The proposed change does not affect any required mitigations or violate any conditions of approval for a Conditional Use Permit. f. The amended site plan complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 48 5. Submittal Requirements. Any person seeking a Minor Site Plan Amendment shall submit a complete application, a completed Minor Site Plan Amendment Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A site plan that is approved pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.15.110. For purposes of this subsection, "action" means obtaining a building permit. 7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six continuous months the site plan shall be considered expired. Prior to expiration of the site plan due to discontinuation, the Planning Director may approve one, six month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district which such property is classified. 8. Transferability. Site plans shall run with the land. E. Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability 1. Purpose. The purpose of this Section is to establish standards for applications for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability in a manner that balances local zoning considerations with state and federal mandates requiring a reasonable accommodation for disabled persons living together in a group housing arrangement in a residential neighborhood. 2. Applicability. Any person or entity seeking a reasonable accommodation to exceed the residential occupancy limits established in any zone for a residential facility for persons with a disability shall apply for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability. Applicants have the burden of provides sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. 3. Procedure. An application for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability shall follow the procedure for a Site Plan Approval for Permitted Uses as set forth in MKZ XX.XX.XX. 4. Approval Criteria. The Planning Director shall consider the following in making a Reasonable Accommodation Determination for a Residential Facility For Persons With a Disability: ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 49 a. The facility meets or will meet all program, physical facility, and licensure requirements of the Utah Department of Health and Human Services. b. Except as otherwise provided in this chapter, buildings and uses shall meet all applicable City development standards, licensing and zoning requirements. c. The facility shall not house persons who are involuntarily residing therein or who are residing therein as a part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility. d. The applicant provides sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information relating to the history, management, financial feasibility, and therapeutic benefits of the facility, and applicable law. e. The zoning ordinance applicable to the property. f. The anticipated parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted. g. Whether or not the accommodation will be an undue burden or expense to the city. h. The extent to which the accommodation will or will not benefit the applicant. i. The extent to which the accommodation will or will not benefit the community. j. Whether or not the accommodation fundamentally alters the citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood. k. Whether or not the applicant has demonstrated that the accommodation will affirmatively enhance the applicant’s life or ameliorate the effects of the applicant’s disability, or the lives or disabilities of those on whose behalf the applicant is applying. l. Whether or not, without the accommodation, similar housing is available in the city for the applicant or group of applicants. m. The anticipated impact of the requested accommodation on the immediate neighborhood. n. The requirements of applicable federal and state laws and regulations. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 50 5. Submittal Requirements. Any person seeking a Reasonable Accommodation Determination For A Residential Facility For Persons With A Disability shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, a completed Reasonable Accommodation Determination Checklist, and a fee as set forth in MKZ 18.14.040; and the following additional information: a. The specific regulation, policy, or procedure from which an accommodation is sought and/or for which deviation or waiver is requested. b. A document that provides a detailed explanation of why the requested accommodation is warranted under federal and/or state law, including a description how the person(s) is disabled under the Americans with Disabilities Act or the Fair Housing Act. c. An analysis with evidence, legal authorities, and other information showing that the accommodation is reasonable and necessary to afford the disabled person(s) an equal opportunity to use and enjoy the residential dwelling. d. The number of residents and employees that will have vehicles at the property and a site plan showing where the vehicles will be parked at the property. e. Whether the owner/operator of the Residential Facility For Persons With A Disability or applicant has other facilities for the disabled and, if so, a description and copy of any complaints from neighbors, incident reports from a local police department, or investigations, citations, notices of violations(s) or complaints received from any federal, state, or local agencies, etc. relating to licensure , parking, traffic, a direct threat to health or safety of other persons, or substantial physical damage to the property of others. f. An accurate description of the type of program(s), treatment(s), therapies, and/or services that will be provided to the residents of the Residential Facility For Persons With a Disability, and the clinical rationale for such program(s), treatment(s), therapies, and/or services. g. The category of state licensure that the Residential Facility for Persons With A Disability will have. h. An accurate summary and/or description of the admissions criteria and operational protocols for the Residential Facility for Persons With a Disability. 6. Expiration. A Reasonable Accommodation Determination for a Residential Facility for Persons With a Disability that is issued pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.15.110. For purposes of this subsection, "action" means obtaining the required state ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 51 licensure and a Millcreek business license. 7. Transferability. Reasonable Accommodation Determinations for Residential Facility are nontransferable. A new Reasonable Accommodation Determination is required if any ownership changes, or if the applicant desires to revise the maximum occupancy, or changes the licensing or disability classification under state or federal law, or remodels or expands. 8. Termination. A use permitted by this shall be subject to revocation by the appropriate land use or licensing authority if: a. The facility is devoted to a use other than a residential facility for persons with a disability; b. The facility exceeds the maximum number of residents specified and approved in the Reasonable Accommodation Determination, or changes the disability classification under state or federal law, or remodels or expands without first applying for and receiving an additional Reasonable Accommodation Determination; c. The facility is not licensed by the Utah Department of Health and Human Services, or if a license is revoked; or d. It is determined by an appropriate authority that residents of the facility have engaged in a pattern of criminal acts of nuisance, theft, or violence in the adjoining neighborhood. F. Sign Permit 1. Purpose. The purpose of this Section is to establish standards for Sign Permits, to ensure that that signage in Millcreek is in conformance with Millcreek’s adopted signage requirements found within this Code. 2. Applicability. No person shall erect, alter, relocate, or modify any sign without first obtaining a sign permit, if required, and a building permit, if required, for such work unless no permit is required as set forth in MKZ 18.66, Signs. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 52 d. Decision and Findings. The Planning Director shall be the Land Use Authority for Sign Permit applications. 4. Approval Criteria. The Planning Director shall approve the request if the proposed signage is in conformance with the requirements as set forth in MKZ 18.66, Signs, and all other applicable Millcreek, State, and Federal statutes. 5. Submittal Requirements. Any person seeking a Sign Permit shall submit a complete application, a completed Sign Permit Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A sign permit that is approved pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.15.110. For purposes of this subsection, "action" means obtaining a building permit, if a building permit is required. 7. Transferability. Sign permits shall run with the land. G. Temporary Use Permit 1. Purpose. The purpose of this section is to establish standards for Temporary Use Permits, which are intended to ensure that temporary uses within Millcreek are in conformance with all applicable Millcreek requirements found within this Code. 2. Applicability. A Temporary Use Permit is required when a temporary use as set forth in MKZ 18.59 is intended to be placed on a property in Millcreek. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review d. Decision and Findings. The Planning Director shall be the Land Use Authority for Temporary Use applications. 4. Approval Criteria. The Planning Director shall approve the request if the proposed temporary use is in conformance with the requirements of the zoning district in which the use is located, the requirements as set forth in MKZ 18.59, Temporary, and all other ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 53 applicable Millcreek, State, and Federal statutes. 5. Submittal Requirements. Any person seeking a Temporary Use Permit shall submit a complete application, a completed Temporary Use Permit Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A Temporary Use Permit that is approved pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.15.110. 18.16.040 Administrative Decisions – Nonconformities and Variances A. Nonconformities Determination 1. Purpose. The purpose of this Section is to establish standards for a Nonconformities Determination regarding a use or property in Millcreek. A formal nonconformities determination acknowledges the use and development rights for legally established uses, structures, lots, or parcels, and other circumstances that do not conform to the applicable requirements of this Title. 2. Applicability. A property owner shall have the burden of establishing that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity legally existed before its current land use designation. A Nonconformities Determination is required prior to an application to expand or enlarge a noncompliant structure. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review d. Decision and Findings. The Planning Director shall be the Land Use Authority for Nonconformities Determination applications. 4. Approval Criteria. The Planning Director shall make a nonconformities determination upon receipt of a complete application, including acceptable evidence that a nonconformity exists pursuant to MKZ 18.61.080. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 54 5. Submittal Requirements. Any person seeking a Nonconformities Determination shall submit a complete application, a completed Nonconformities Determination Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. B. Expansion or Enlargement of a Noncompliant Structure 1. Purpose. The purpose of this Section is to establish standards for the expansion or enlargements of noncompliant structures in a manner that controls the expansion of structures that were legally established but that do not comply with current standards, while recognizing the interests of affected property owners. A summary of meeting and noticing requirements for applications for Expansion or Enlargement of a Noncompliant Structure is set forth in Table 18.16-10. 2. Applicability. No person may expand or enlarge a noncompliant structure without first having the structure deemed noncompliant pursuant to MKZ 18.61 and obtaining a permit of the Land Use Hearing Officer as set forth in MKZ 18.61 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Application Submittal c. Application Completeness Review d. Application Compliance Review e. Public Notice f. Formal Public Engagement. The Land Use Hearing Officer shall hold a Public Hearing and is the Land Use Authority for Expansion or Enlargement of a Noncompliant Structure applications. g. Decision and Findings 4. Approval Criteria. Approval criteria for expanding or enlarging a noncompliant structure are set forth in MKZ 18.61. 5. Submittal Requirements. Any person seeking an Expansion or Enlargement of a Noncomplying Structure shall submit a complete application, a completed Expansion or Enlargement of a Noncomplying Structure Checklist, and a fee as set forth in MKZ ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 55 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A permit to expand or enlarge a noncompliant structure pursuant to this part shall expire within one year from the date of final approval if a building permit is not applied for within that time. ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 56 Table 18.16-10 Expansion or Enlargement of a Noncompliant Structure Permit Meeting and Noticing Requirements Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Land Use Hearing Officer Public Hearing Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 10 days prior to Public Hearing MKZ 18.14.060 C. Variances 1. Purpose. The purpose of this Section is to establish standards for requests for variances from the standards of this Code. Variances are intended to provide a means of relief from the requirements of this Title if they have resulted in a hardship as they are applied to a property. Variances are subject to the standards as set forth in Utah Code Ann. §10-9a-701 et seq. A summary of meeting and noticing requirements for applications for Expansion or Enlargement of a Noncompliant Structure is set forth in Table 18.16-11. 2. Applicability. Any person or entity desiring a waiver or modification of the requirements of this Code as applied to a parcel of property that they own, lease, or hold some other beneficial interest may apply to the Land Use Hearing Officer for a variance. Applicants have the burden of proving that a hardship has been caused by the requirements of this Code. Variances may not be requested regarding land use. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Application Submittal c. Application Completeness Review d. Application Compliance Review e. Public Notice f. Formal Public Engagement. The Land Use Hearing Officer shall hold a Public Hearing and is the Land Use Authority for Variance applications. g. Decision and Findings ---PAGE BREAK--- Application Procedures – City Council Review Draft – Page 57 4. Approval Criteria. Approval criteria for variances are set forth in MKZ 18.05.020. 5. Submittal Requirements. Any person seeking a variance shall submit a complete application, a completed Variance Checklist, and a fee as set forth in MKZ 18.14.040; and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. Variances shall not expire. 7. Transferability. Variances shall run with the land. Table 18.16-11 Variance Meeting and Noticing Requirements Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Land Use Hearing Officer Public Hearing Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 10 days prior to Public Hearing MKZ 18.14.060 ---PAGE BREAK--- GENERAL PLAN OR FUTURE LAND USE MAP ADOPTION OR AMENDMENT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit, for Future Land Use Map Amendment Applications Application Fee Letter of Intent describing proposed amendments to the General Plan Text or the Future Land Use Map. A summary of the rationale for proposed amendments to the General Plan Text or the Future Land Use Map. As applicable, answer the Essential Questions for Zoning, Development Agreements, and City Initiatives as set forth in Sections 3.1.7, 3.2.7, 3.3.7, 3.4.7, 3.5.7, 3.6.7, and 3.7.7 of the Millcreek Together General Plan. Proposed text revisions to the General Plan, if applicable The current Future Land Use Map designation and present use of the subject property. A legal description of the subject property. A development agreement, if applicable, and a completed Development Agreement Checklist. A Summary of the Neighborhood Meeting, pursuant to MKZ XX.XX.XX. any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow City Council to make a decision. ---PAGE BREAK--- LAND USE CODE TEXT AMENDMENT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Completed and Signed Millcreek Land Use Application Application Fee Letter of Intent describing proposed amendments to the Land Use Code. A summary of the rationale for proposed amendments to the Land Use Code Text. As applicable, answer the Essential Questions for Zoning, Development Agreements, and City Initiatives as set forth in Sections 3.1.7, 3.2.7, 3.3.7, 3.4.7, 3.5.7, 3.6.7, and 3.7.7 of the Millcreek Together General Plan. Proposed text revisions to Land Use Code. A development agreement, if applicable, and a completed Development Agreement Checklist. any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow City Council to make a decision. ---PAGE BREAK--- ZONING MAP AMENDMENT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee Letter of Intent describing proposed amendments to the Zoning Map. A summary of the rationale for proposed amendments to the Zoning Map. As applicable, answer the Essential Questions for Zoning, Development Agreements, and City Initiatives as set forth in Sections 3.1.7, 3.2.7, 3.3.7, 3.4.7, 3.5.7, 3.6.7, and 3.7.7 of the Millcreek Together General Plan. Proposed text revisions to the General Plan, if applicable The current Zoning Map designation and present use of the subject property. A legal description of the subject property. A development agreement, if applicable, and a completed Development Agreement Checklist. A Summary of the Neighborhood Meeting, pursuant to MKZ XX.XX.XX. A Summary of other Pre-Application Meetings, if required. any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow City Council to make a decision. ---PAGE BREAK--- DEVELOPMENT AGREEMENT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee A Completed Checklist for the relevant application type for which a development agreement is being considered. A Summary of the Neighborhood Meeting, pursuant to MKZ XX.XX.XX. A Summary of other Pre-Application Meetings, if required. any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow City Council to make a decision. A completed Sensitive Lands Review Checklist, if required. Property Survey Requirements A property survey showing, at a minimum: Property boundaries The location and type of easements, covenants, or other property restrictions. Location of existing rights-of-way and right-of-way centerlines. Location of all existing buildings, structures, and utilities, including water utilities. Location of existing trees measured at four inch caliper or greater. Location of any sensitive lands features as described in MKZ XX.XX.XX. Site Plan Requirements Location of proposed buildings Location of proposed off-street and on-street parking areas Location of proposed open spaces A summary table showing floor area by use, required parking by use, materials percentages, percentages of doors and windows, minimum lot size requirements, residential amenities if required, and open space requirements. Location and Conceptual design and cross-sections of proposed streets, driveways, lanes, or paths. ---PAGE BREAK--- DEVELOPMENT AGREEMENT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Number, size, height, and location of all proposed signs. Location of existing and proposed fire hydrants. Conceptual landscape plan showing location and type of proposed plantings, and trees to be preserved, if applicable. Setbacks and buffers as required by the relevant zoning or landscaping standard. Conceptual lighting plan showing location and height of proposed street and interior property lighting. Location of any required right-of-way dedications, as measured from a right-of-way centerline. Building Floor Plan and Elevation Requirements Proposed building bulk and height. Proposed building elevations, including building color and materials. Proposed building floor plans. Required Studies Geological Hazards Study, if required. Parking and Traffic Impact Study, if required. Photometric Study, if required. ---PAGE BREAK--- PUBLIC STREET OR MUNICIPAL UTILITY EASEMENT VACATION CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application. All petitioners for a public street or municipal utility easement vacation must sign the land use application. Application Fee Letter of Intent describing proposed public street or municipal utility easement vacation. A narrative describing how the proposed public street or municipal utility easement vacation meets the requirements of MKZ 18.16.020(H)(5). A legal description of the portion of the public street or municipal utility easement proposed to be vacated. A development agreement, if applicable, and a completed Development Agreement Checklist. A list of parcel numbers, property addresses, property owner names, and property owner addresses for all properties that adjoin the boundaries of the proposed public street or municipal utility easement vacation. A letter from all utility providers who provide utilities within the proposed public street or easement to be vacated on properties that abut the proposed public street or easement to be vacated stating that they have no objection to the vacation. A Summary of the Neighborhood Meeting, pursuant to MKZ XX.XX.XX. any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow City Council to make a decision. Property Survey and Title Report Requirements An ALTA property survey showing, at a minimum: Boundaries of the proposed public street or municipal utility easement vacation. The location and type of easements, covenants, or other property restrictions. Location of existing rights-of-way and right-of-way centerlines. Location of all existing buildings, structures, and utilities, including water utilities. Location of any sensitive lands features as described in MKZ XX.XX.XX. ---PAGE BREAK--- PUBLIC STREET OR MUNICIPAL UTILITY EASEMENT VACATION CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required A Title report prepared and dated not more than thirty (30) days before application submittal. ---PAGE BREAK--- CONDITIONAL USE PERMIT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee A Summary of the Neighborhood Meeting, pursuant to MKZ XX.XX.XX. A Summary of other Pre-Application Meetings, if required. Letter of Intent describing the proposed conditional use permit. A narrative describing reasonably anticipated detrimental effects from the proposed conditional use and describing proposed mitigations to the reasonably anticipated detrimental effects. A completed Sensitive Lands Review Checklist, if required. any other relevant supporting documentation, maps, studies and any other information that would inform Staff to make a recommendation, and that would allow the Land Use Authority to make a decision. Property Survey Requirements A property survey showing, at a minimum: Property boundaries The location and type of easements, covenants, or other property restrictions. Location of existing rights-of-way and right-of-way centerlines. Location of all existing buildings, structures, and utilities, including water utilities. Location of existing trees measured at four inch caliper or greater. Location of any sensitive lands features as described in MKZ XX.XX.XX. Site Plan Requirements Location of proposed buildings Location of proposed off-street and on-street parking areas Location of proposed open spaces A summary table showing floor area by use, required parking by use, materials percentages, percentages of doors and windows, minimum lot size requirements, residential amenities if required, and open space requirements. ---PAGE BREAK--- CONDITIONAL USE PERMIT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Location, design, and cross-sections of proposed streets, driveways, lanes, or paths. Number, size, height, and location of all proposed signs. Location of existing and proposed fire hydrants. Landscape plan showing location and type of proposed plantings and trees to be preserved. Setbacks and buffers as required by the relevant zoning or landscaping standard. Lighting plan showing location and height of proposed street and interior property lighting. Location of any required right-of-way dedications, as measured from a right-of-way centerline. Building Floor Plan and Elevation Requirements Proposed building bulk and height. Proposed building elevations, including building color and materials. Proposed building floor plans. Required Studies Geological Hazards Study, if required. Parking and Traffic Impact Study, if required. Photometric Study, if required. ---PAGE BREAK--- SITE PLAN APPROVAL FOR PERMITTED USES CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee Letter of Intent describing the proposed site plan. A completed Sensitive Lands Review Checklist, if required. any other relevant supporting documentation, maps, studies and any other information that would inform Staff to make a decision Property Survey Requirements A property survey showing, at a minimum: Property boundaries The location and type of easements, covenants, or other property restrictions. Location of existing rights-of-way and right-of-way centerlines. Location of all existing buildings, structures, and utilities, including water utilities. Location of existing trees measured at four inch caliper or greater. Location of any sensitive lands features as described in MKZ XX.XX.XX. Site Plan Requirements Location of proposed buildings Location of proposed off-street and on-street parking areas Location of proposed open spaces A summary table showing floor area by use, required parking by use, materials percentages, percentages of doors and windows, minimum lot size requirements, residential amenities if required, and open space requirements. Location, design, and cross-sections of proposed streets, driveways, lanes, or paths. Number, size, height, and location of all proposed signs. Location of existing and proposed fire hydrants. Landscape plan showing location and type of proposed plantings and trees to be preserved. ---PAGE BREAK--- SITE PLAN APPROVAL FOR PERMITTED USES CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Setbacks and buffers as required by the relevant zoning or landscaping standard. Lighting plan showing location and height of proposed street and interior property lighting. Location of any required right-of-way dedications, as measured from a right-of-way centerline. Building Floor Plan and Elevation Requirements Proposed building bulk and height. For buildings in an R-1 or R-2 zone, indicate the location of the building height envelope for the existing building and the proposed expansion. Proposed building elevations, including building color and materials. Proposed building floor plans. Additional Requirements for Requests for a Neighborhood Compatibility Modification Requests for Neighborhood Compatibility Modifications are limited to conforming residential dwellings in an R-1 and R-2 zone, and are subject to the standards as set forth in MKZ XX.XX.XX. Describe in detail the land use code standard for which a neighborhood compatibility modification is sought. Neighborhood compatibility modifications are limited to building height, setbacks, and lot coverage modifications. Provide a survey completed by a surveyor licensed to practice in the State of Utah that describes the applicable characteristics (building height, setbacks, and lot coverage) of residential properties located within 200 feet radial distance from the subject property boundary. Required Studies Geological Hazards Study, if required. Parking and Traffic Impact Study, if required. Photometric Study, if required. ---PAGE BREAK--- CHANGE OF USE PERMIT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee Letter of Intent describing the proposed change of use. any other relevant supporting documentation, maps, studies and any other information that would inform Staff to make a decision. Property Survey Requirements A property survey showing, at a minimum: Property boundaries The location and type of easements, covenants, or other property restrictions. Location of existing rights-of-way and right-of-way centerlines. Location of all existing buildings, structures, and utilities, including water utilities. Site Plan Requirements Location of existing buildings and structures. Location of existing off-street and on-street parking areas, and the total number of parking spaces. A summary table showing floor area by proposed use, required parking by proposed use. Location, design, and cross-sections of existing driveways, accesses, or paths. Number, size, height, and location of all proposed signs. Location of existing fire hydrants. Location of any required right-of-way dedications, as measured from a right-of-way centerline. Required Studies Geological Hazards Study, if required. Parking and Traffic Impact Study, if required. Photometric Study, if required. ---PAGE BREAK--- MINOR SITE PLAN AMENDMENT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee Letter of Intent describing the proposed site plan. A narrative describing how the proposed site plan meets the approval criteria for minor set plan amendments in MKZ 18.16.030 A completed Sensitive Lands Review Checklist, if required. any other relevant supporting documentation, maps, studies and any other information that would inform Staff to make a decision. Property Survey Requirements A property survey showing, at a minimum: Property boundaries The location and type of easements, covenants, or other property restrictions. Location of existing rights-of-way and right-of-way centerlines. Location of all existing buildings, structures, and utilities, including water utilities. Location of existing trees measured at four inch caliper or greater. Location of any sensitive lands features as described in MKZ XX.XX.XX. Site Plan Requirements Location of proposed buildings or building additions. Location of proposed off-street and on-street parking areas Location of proposed open spaces or open space additions. A summary table showing floor area by use, required parking by use, materials percentages, percentages of doors and windows, minimum lot size requirements, residential amenities if required, and open space requirements. Location, design, and cross-sections of proposed streets, driveways, lanes, or paths. Number, size, height, and location of all proposed signs. Location of existing and proposed fire hydrants. ---PAGE BREAK--- MINOR SITE PLAN AMENDMENT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Landscape plan showing location and type of proposed plantings and trees to be preserved. Setbacks and buffers as required by the relevant zoning or landscaping standard. Lighting plan showing location and height of proposed street and interior property lighting. Location of any required right-of-way dedications, as measured from a right-of-way centerline. Building Floor Plan and Elevation Requirements Proposed building bulk and height. For buildings in an R-1 or R-2 zone, indicate the location of the building height envelope for the existing building and the proposed expansion. Proposed building elevations, including building color and materials. Proposed building floor plans. Required Studies Geological Hazards Study, if required. Parking and Traffic Impact Study, if required. Photometric Study, if required. ---PAGE BREAK--- REASONABLE ACCOMMODATION DETERMINATION FOR RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee A completed Site Plan Approval for Permitted Uses Checklist. Letter of Intent describing the proposed use and documenting the need for the proposed reasonable accommodation. A statement describing how the request for a reasonable accommodation satisfies the approval criteria for reasonable accommodation determinations in MKZ 18.16.030 A description of the specific regulation, policy, or procedure from which an accommodation is sought and/or for which deviation or waiver is requested. A document that provides a detailed explanation of why the requested accommodation is warranted under federal and/or state law, including a description how the person(s) is disabled under the Americans with Disabilities Act or the Fair Housing Act. An analysis with evidence, legal authorities, and other information showing that the accommodation is reasonable and necessary to afford the disabled person(s) an equal opportunity to use and enjoy the residential dwelling. The number of residents and employees that will have vehicles at the property. A statement regarding whether the owner/operator of the Residential Facility For Persons With A Disability or applicant has other facilities for the disabled and, if so, a description and copy of any complaints from neighbors, incident reports from a local police department, or investigations, citations, notices of violations(s) or complaints received from any federal, state, or local agencies, etc. relating to licensure , parking, traffic, a direct threat to health or safety of other persons, or substantial physical damage to the property of others. An accurate description of the type of program(s), treatment(s), therapies, and/or services that will be provided to the residents of the Residential Facility For Persons With ---PAGE BREAK--- REASONABLE ACCOMMODATION DETERMINATION FOR RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required a Disability, and the clinical rationale for such program(s), treatment(s), therapies, and/or services. The category of state licensure that the Residential Facility for Persons With a Disability will have. An accurate summary and/or description of the admissions criteria and operational protocols for the Residential Facility for Persons With a Disability. any other relevant supporting documentation, maps, studies and any other information that would inform Staff to make a decision. Site Plan Requirements Number and location of off-street parking stalls where vehicles will be parked at the property. Area calculations and footprints of all buildings, structures, impervious surfaces, and open spaces on the property. Building Floor Plan Requirements Proposed building floor plans, showing area calculations and proposed number of occupants for all bedrooms, location and area calculations for all bedroom closets, and locations and details for all bathrooms and common areas in the building. ---PAGE BREAK--- SIGN PERMIT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee Letter of Intent describing the proposed sign or signs. any other relevant supporting documentation, maps, studies and any other information that would inform Staff to make a decision Property Survey Requirements A property survey showing, at a minimum: Property boundaries The location and type of easements, covenants, or other property restrictions. Location of existing rights-of-way and right-of-way centerlines. Location of all existing buildings, structures, and utilities, including water utilities. Location of existing trees measured at four inch caliper or greater. Location of any sensitive lands features as described in MKZ XX.XX.XX. Site Plan Requirements Number, size, height, and location of all proposed signs. Indicate on the site plan which signs are proposed to be illuminated. A summary table showing the area and height of all signs by sign type. Zoning and existing land use for the subject property and for all adjacent properties. Setbacks and buffers as required by the relevant zoning or landscaping standard. Location of any existing pole or monument sign located within 100 feet of any proposed pole or monument sign, whether on the applicant’s property or on other nearby properties. Location of all driveways or other property accesses, and location of clear vision areas as set forth in MKZ XX.XX.XX. Sign Elevation Requirements Elevations of each proposed sign, including color and materials of all components of the sign. ---PAGE BREAK--- SIGN PERMIT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Indicate the area of each proposed sign. Illuminated Sign Requirements Provide a specification that verifies that, except for internally illuminated logos and text, all light sources used to illuminate signage shall have color temperature equal to or less than 4,000 degrees Kelvin (4,000°K). Provide a sign illuminance study as set forth in MKZ XX.XX.XX. Electronic Message Center Requirements Provide an elevation of the sign showing the percentage of the sign that will be used as an electronic message center. Provide a specification for a sensor or other programmable device that automatically determines the ambient illumination and must be programmed to automatically adjust the illuminance according to ambient light conditions. Provide a sign illuminance study as set forth in MKZ XX.XX.XX. Applicant shall sign and notarize a Notice of Compliance and Acknowledgement of Sign Requirements on a form provided by Millcreek. ---PAGE BREAK--- TEMPORARY USE PERMIT CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee Letter of Intent describing the proposed temporary use. any other relevant supporting documentation, maps, studies and any other information that would inform Staff to make a decision Site Plan Requirements Location and area of proposed temporary structures or buildings associated with the temporary use. Location and number of parking spaces associated with the temporary use. Location and area of existing permanent buildings on the property, and associated parking. Zoning and existing land use for the subject property and for all adjacent properties. Setbacks as required by the relevant zoning or landscaping standard. Location, type, and area of any temporary signage associated with the temporary use. Location of all driveways or other property accesses, and location of clear vision areas as set forth in MKZ XX.XX.XX. ---PAGE BREAK--- NONCONFORMITIES DETERMINATION CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee Letter of Intent describing the request for a nonconformities determination. any other relevant supporting documentation, photographs, maps, studies and any other information that would inform Staff to make a decision Evidence of Nonconformity Submit evidence for the nonconforming status of the subject property. Evidence may include: Historical zoning maps clearly identifying the use and structure existed. Previously issued building permits. Documentation supporting a variance was granted or issued for the use or structure. Aerial imagery that clearly establishes use or structure existed Court Orders or Judgements Affidavits from previous property owners attesting to the use/structure. Evidence of utility connections A building inspection that certifies that the building or structure was compliant with the codes in effect of the time it was built. Site Plan and Floor Plan Requirements Indication of the area of the property and location of all property lines on the subject property. Location of existing buildings and structures, if applicable. Setbacks as measured from property lines. Floor plans of existing buildings and structures, if applicable. ---PAGE BREAK--- EXPANSION OR ENLARGEMENT OF A NONCOMPLYING STRUCTURE CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee Letter of Intent describing the request for an expansion or enlargement of a noncomplying structure. A narrative describing how the proposal to expand or enlarge a noncomplying structure satisfies the approval criteria for expansions or enlargements of noncomplying structures in MKZ 18.61.050. An applicant may not apply for an expansion or enlargement of a noncomplying structure unless the application has obtained a nonconformities determination for the structure. Include a copy of a formal decision from Millcreek regarding the nonconformities determination. A Summary of other Pre-Application Meetings, if required. A completed Sensitive Lands Review Checklist, if required. any other relevant supporting documentation, photographs, maps, studies and any other information that would inform Staff to make a decision Property Survey Requirements A property survey showing, at a minimum: Property boundaries The elevation as measured from mean sea level of existing and proposed ground surface at all points along the existing and proposed building. The location and type of easements, covenants, or other property restrictions. Location of existing rights-of-way and right-of-way centerlines. Location of all existing buildings, structures, and utilities, including water utilities. Location of all existing buildings on adjacent properties. Location of existing trees measured at four inch caliper or greater. Location of any sensitive lands features as described in MKZ XX.XX.XX. Site Plan Requirements ---PAGE BREAK--- EXPANSION OR ENLARGEMENT OF A NONCOMPLYING STRUCTURE CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Location of proposed buildings or building additions. A summary table showing floor area by use, required parking by use, materials percentages, percentages of doors and windows, minimum lot size requirements, residential amenities if required, and open space requirements. Location, design, and cross-sections of proposed streets, driveways, lanes, or paths. Landscape plan showing location and type of proposed plantings and trees to be preserved. Setbacks and buffers as required by the relevant zoning or landscaping standard. Location of any required right-of-way dedications, as measured from a right-of-way centerline. Building Floor Plan and Elevation Requirements Proposed building bulk and height. Proposed building elevations, including building color and materials. For buildings in an R-1 or R-2 zone, indicate the location of the building height envelope for the existing building and the proposed expansion. Existing and proposed building floor plans. Required Studies Geological Hazards Study, if required. Parking and Traffic Impact Study, if required. Photometric Study, if required. ---PAGE BREAK--- VARIANCE CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Summary and Narrative Requirements Completed and Signed Millcreek Land Use Application Notarized Property Owner Affidavit Application Fee Letter of Intent describing the request for an expansion or enlargement of a noncomplying structure. A description of the specific land use ordinance from which a variance is requested. A narrative describing how the request for a variance satisfies the approval criteria for variances as set forth in MKZ 18.05.020. A Summary of other Pre-Application Meetings, if required. A completed Sensitive Lands Review Checklist, if required. any other relevant supporting documentation, photographs, maps, studies and any other information that would inform Staff to make a decision Property Survey Requirements A property survey showing, at a minimum: Property boundaries The elevation as measured from mean sea level of existing and proposed ground surface at all points along the existing and proposed building. The location and type of easements, covenants, or other property restrictions. Location of existing rights-of-way and right-of-way centerlines. Location of all existing buildings, structures, and utilities, including water utilities. Location of all existing buildings on adjacent properties. Location of existing trees measured at four inch caliper or greater. Location of any sensitive lands features as described in MKZ XX.XX.XX. Site Plan Requirements Location of proposed buildings or building additions. A summary table showing floor area by use, required parking by use, materials percentages, percentages of doors and windows, minimum lot size requirements, residential amenities if required, and open space requirements. ---PAGE BREAK--- VARIANCE CHECKLIST Applicant Use ITEM Office Use Only Completed Application Page No. Completed Revision Required Location, design, and cross-sections of proposed streets, driveways, lanes, or paths. Landscape plan showing location and type of proposed plantings and trees to be preserved. Setbacks and buffers as required by the relevant zoning or landscaping standard. Location of any required right-of-way dedications, as measured from a right-of-way centerline. Building Floor Plan and Elevation Requirements Proposed building bulk and height. Proposed building elevations, including building color and materials. For buildings in an R-1 or R-2 zone, indicate the location of the building height envelope for the existing building and the proposed expansion. Existing and proposed building floor plans. Required Studies Geological Hazards Study, if required. Parking and Traffic Impact Study, if required. Photometric Study, if required.