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Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-23-006 City Council Staff Report Meeting Date: 5/8/2023 Applicant: Millcreek Re: Adoption of ordinance ZT-23-006 Forestry and Recreation Estate Zone Property Address: See Attached Documents Zone: Forestry and Recreation Prepared By: Sean Murray, Katie Larsen, Planners Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. REQUEST AND SYNOPSIS Staff is requesting amendments to Title 19 updating definitions, repealing the F-1, FM-10, FM-20, FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, and FR-100 Zones and enacting a new Forestry Recreation Estate Zone to encompass all properties currently located in an FR-1, FR-2.5, FR-5, FR-10, and FR-20 zone. Millcreek’s code currently includes several different Forestry and Recreation zones that do not fit the character of Millcreek. These zones allow for intense industrial and recreational uses that are not appropriate currently. All properties in the revised Forestry and Recreation Estate Zone will still be subject to the development standards in FCOZ, and any existing zone conditions will remain in place. Changes to zoning regulations are intended to regulate new development. Any existing structure or use that was legally established prior to the changes may continue, subject to Millcreek’s standards for nonconforming uses and noncomplying structures, which can be found in Chapter 19.88 of the Millcreek Code. Pursuant to §19.90.010 of the Millcreek Code, The City Council may amend the number, shape, boundaries or area of any zone or any regulation within any zone. Any such amendment shall not be made or become effective unless the same shall have been proposed by or be first submitted for the recommendation of the relevant planning commission. ---PAGE BREAK--- Request: Amendments to the Forestry and Recreation Zones ZT-23-006 Page 2 of 6 Text Amendments go to all Community Councils; meetings were held the week of April 3rd. All councils voted to approve the proposed forestry and recreation zone changes with a few recommendations addressing minimum lot sizes. More information on the recommendations can be found in the ‘Community Council Recommendations’ section of this document. The Millcreek Planning Commission met on April 19th and gave a positive recommendation on the proposed text amendment as proposed by staff. GENERAL PLAN CONSIDERATIONS The Millcreek General Plan lays out goals and strategies that address the areas currently in the Forestry and Recreation zones. These goals and strategies are listed below each with a summary describing how the proposed ordinance achieves the goals set out in the General Plan for this area. OPEN SPACE. GOAL O-3: Emphasize preservation of undeveloped open space and natural areas that combine the preservation of the most environmentally sensitive areas with other values including low impact recreation. Strategy 3.1: Acquire or protect additional properties to preserve Conservation Open Space areas (shown on the Future Land Use map). Pursue state and federal funding through programs such as the Land and Water Conservation Fund to acquire open space in strategic locations. Strategy 3.2: Develop a comprehensive strategy for open space protection to include tools such as large lot zoning, conservation easements, and clustering to restrict urban development in environmentally sensitive areas. The proposed ordinance helps maintain the foothill area as undeveloped open space by increasing minimum lot sizes, reducing intense industrial uses, and making public uses conditional so that low impact public improvements can be made. VIEWSHED. GOAL HE- 7: Require that new development protects the treasured views of Mount Olympus, the Oquirrh Mountains, the Great Salt Lake, and other significant viewsheds from roadways, frequented public areas, community gateways, and other public places. Strategy 7.4: Continue to protect the foothills natural landscape by using a variety of techniques such creating conservation easements or purchasing private property. The proposed ordinance helps restrict new development in the shared viewshed of Mount Olympus and the foothills region of Millcreek. The best tool to accomplish the goal of providing more open space on sensitive lands is to increase the minimum lot area for new development on those lands. GREEN SPACE. GOAL HE-3: Creatively increase green space throughout the City to give more residents opportunities to enjoy nature. Strategy 3.1: Explore mechanisms to permanently acquire and expand open spaces through tools such as bonding, conservation easements, impact fees, state and federal funding, and taxing districts. See Outdoor Lifestyle for more information. The proposed ordinance helps increase residents access to the natural forestry area on Millcreeks east side by setting land up for public uses and restricting development in these sensitive areas. ---PAGE BREAK--- Request: Amendments to the Forestry and Recreation Zones ZT-23-006 Page 3 of 6 Besides the goals and strategies listed above, the proposed ordinance helps fulfill other goals set out in the General Plan though alternative strategies that have not been specifically listed in the Millcreek General Plan. These goals are listed below along with a summary of how the proposed ordinance helps advance these goals. RESILIENCE. GOAL HE-8: Strengthen resiliency to natural disasters and climate realities through development patterns, hazard mitigation, and education. The proposed ordinance reduces the ability to develop in the sensitive foothills area on the east side of Millcreek. Reduced development helps maintain slope stability and the potential for natural hazard events. ENVIRONMENTAL SUSTAINABILITY. GOAL HE-5: Promote sustainable practices in the preservation, development, and maintenance of Millcreek’s natural and built environments. The proposed ordinance helps Millcreek preserve its natural beauty and resources that all residents enjoy. Restricting intensive industries will help maintain the foothills region for current and future generations. AIR AND WATER. GOAL HE-6: Implement standards, policies, and practices that encourage and support enhanced air and water quality. The proposed ordinance restricts future intensive industries that would have detrimental effects on the air and water quality in Millcreek. IDENTITY. GOAL GP-8: Create unique, desirable, and vibrant places and features in Millcreek. The proposed ordinance will keep the foothills and mountainsides open for all residents to enjoy. Maintaining these sensitive areas is paramount to Millcreeks identity and image. PHYSICAL ENVIRONMENT. GOAL E-5: Enhance the physical environment by creating new amenities that help attract and retain new businesses and residents. The proposed ordinance will help with Millcreek’s long term goals of adding public amenities such as trails and viewsheds in the sensitive foothills region of Millcreek. These amenities are unique to Millcreek and attract citizens from all around Salt Lake County. OUTDOOR INDUSTRY FOCUS. GOAL E-3: Build on Millcreek’s emerging recreation and outdoor lifestyle identity as an economic development strategy. The proposed ordinance will further Millcreek’s goal to stand out as a destination for outdoor recreation within Salt Lake County. By restricting development and intensive industry in the foothills, this area will continue to attract outdoor enthusiasts and outdoor focused industries. CHARACTER. GOAL N-1: Preserve and enhance the physical elements that define each neighborhood’s character. The proposed ordinance will protect and preserve the foothill and mountainside areas that are a defining feature of the Olympus Cove neighborhood. ---PAGE BREAK--- Request: Amendments to the Forestry and Recreation Zones ZT-23-006 Page 4 of 6 ACCESS. GOAL O-1: Improve access and quality of parks and open space for all areas of Millcreek. The proposed ordinance will help Millcreek expand its open areas for all residents as well as improve the quality of open space in the foothills by making public and quasi-public uses conditional. CANYON ACCESS. GOAL O-6: Identify and maintain recreational access to Mill Creek Canyon, Neff’s Canyon, Mt. Olympus, and Grandeur Peak for all residents and visitors. The proposed ordinance will maintain access to the recreational areas of Mill Creek Canyon, Neff’s Canyon, Mount Olympus, and Grandeur Peak by restricting intensive industry in those areas. Limiting development in the foothills through this ordinance will help maintain access now and into the future. PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the Forestry and Recreation Estate zone. A summary of the proposed ordinance is attached to this report as well. The proposed ordinance removes many permitted and conditional uses currently found in the Forestry and Recreation zones. Some of these uses include ski resorts, mineral extraction, golf courses, logging and lumber processing, agriculture, underground record storage vaults, as well as numerous other detrimental uses. To see the full list of currently allowed uses, see sections 19.08, 19.10, and 19.12 of the Millcreek Zoning Code. Below is a chart showing the updated spatial requirements in the proposed Forestry Recreation Zone: The new Forestry and Recreation Estate zone will be a legacy zone meaning that no new parcels, lots, or land can be added to the zoning district. COMMUNITY COUNCIL RECOMMENDATIONS 1. Millcreek Community Council. The Millcreek Community Council met on 04/04/2023. They voted 5 in favor to 3 opposed for the adoption of ZT-23-006, with a recommendation that the 5-acre minimum be removed from the proposed ordinance. ---PAGE BREAK--- Request: Amendments to the Forestry and Recreation Zones ZT-23-006 Page 5 of 6 2. Canyon Rim Citizens Association. The Canyon Rim Citizens Association met on 04/05/2023. They voted 4 in favor to 5 opposed for the adoption of ZT-23-006. The opposition to this text amendment was due to the fact that the new ordinance would require 5 acre minimums to lots in the FRE zone. 3. East Mill Creek Community Council. The East Mill Creek Community Council met on 04/06/2023. They voted 7 in favor to 0 opposed for the adoption of ZT-23-006 with the condition that the FR-1 zone be exempted from being included in the new FRE zone. 4. Mount Olympus Community Council. The Mount Olympus Community Council met on 04/03/2023. They voted unanimously for the adoption of ZT-23-006 as presented by staff. Summary: One resident with property in the FR-1 zone, appeared before each community council to ask that the current FR-1 zone not be included in the new ordinance. The resident has a 3-acre FR-1 parcel and would not be able to subdivide and develop it with the new standards set out in the proposed ordinance. PLANNING COMMISSION RECOMMENDATION On April 19th, the Planning Commission held a public hearing on the recommendation of ZT-23-006. The Planning Commission voted six in favor and one opposed to the recommendation that the City Council adopt an amendment to Title 19 updating definitions, repealing the F-1, FM-10, FM-20, FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, and FR-100 Zones and enacting a new Forestry and Recreation Estate Zone to encompass all properties currently located in an FR-1, FR-2.5, FR-5, FR-10, and FR-20 zone, based on the findings and conclusions as presented by staff. PLANNING STAFF RECOMMENDATIONS AND FINDINGS 1. The proposed consolidation of the F-1, FM-10, FM-20, FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, and FR-100 Zones into a single Forestry and Recreation Estate Zone (FRE) is more appropriate for the current needs of Millcreek. 2. The proposed ordinance removes many of the intensive permitted and conditional uses in this area and helps advance Millcreek towards numerous goals laid out in the Millcreek General Plan. Many of these uses are not appropriate for this area and would cause long-term damage to Millcreek and its residents. 3. Staff received only one comment on the updating of the Forestry and Recreation zones. The concerns were voiced at the community council meetings and are described above in the section titled Community Council Recommendations. 4. Staff recommends that all current Forestry and Recreation zones be brought under one zone named Forestry and Recreation Estate Zone. 5. Amending ordinances to limit the future subdivision or development of undeveloped land is not unprecedented. Prior to 1993, all the land currently in our FR zones was zoned either R-1-8 or R-1- 10. In 1993, Salt Lake County dramatically constrained the ability to subdivide land on critical hillsides, including virtually all of the undeveloped land in Olympus Cove. In the 1990s, Salt Lake County also downzoned several neighborhoods in the East Mill Creek, Canyon Rim, and Millcreek community districts from R-2 to R-1. More recently, Millcreek reduced the maximum height in the RM zone from 75 feet to 45 feet, or 35 feet in areas adjacent to single-family zoning. In 2017, the Millcreek City Council also rezoned one property, the “Fujilyte Parcel”, from FR-5 to FR-10 due to ---PAGE BREAK--- Request: Amendments to the Forestry and Recreation Zones ZT-23-006 Page 6 of 6 access and development concerns. These changes had the effect of limiting development options and each was based on an adopted plan. Millcreek’s current general plan supports adjusting minimum lot sizes to encourage conservation. 6. Amending the minimum lot sizes in sensitive land is not unprecedented. Between 1993 and 1998 significant portions of the Mount Olympus hillside were rezoned from R-1-8 and R-1-10 to several forestry and recreation zones. 7. No additional lots, parcels, or land may be added to the FRE zone due to its legacy status. 8. Most of the existing FR zoned land in Millcreek is effectively undevelopable, due to constraints imposed by the Foothills and Canyons Overlay Zone. However, there are some potential development opportunities at the end of Mile High Drive, on approximately 8 acres of land currently zoned FR-1. This acreage could reasonably accommodate a handful of additional dwellings under current zoning and FCOZ restrictions, however any development would require a significant widening of the existing road (from a 14-foot asphalt ribbon to a nearly 30 foot road) and the provision of public utilities to the site. Increasing the minimum acreage in a FRE zone would decrease the likelihood of significant disruptions to the Mount Olympus hillside, particularly along Mile High Road. 9. In 1993, Salt Lake County identified a number of development impediments that were used to justify downzoning on Mount Olympus: wildlife habitat, geologic hazards, access challenges, and wildfire risk. Those development impediments are extant today, and Millcreek has learned experience addressing wildlife issues, geologic hazards, access challenges, and wildfires in the vicinity of the lands being considered for an increased minimum lot size. Zoning is an effective tool to mitigate these risks. 10. Community Councils and the Planning Commission are giving recommendations that are to be considered by the City Council. This is a legislative matter, to be decided by the Millcreek City Council. 11. Staff recommends that the Planning Commission gives a positive recommendation on ordinance ZT- 23-006 to the City Council as proposed by staff. MODEL MOTION I move to adopt an ordinance amending Title 19 updating definitions, repealing the F-1, FM-10, FM-20, FR- 0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50, and FR-100 Zones and enacting a new Forestry and Recreation Estate Zone to encompass all properties currently located in an FR-1, FR-2.5, FR-5, FR-10, and FR-20 zone, based on the findings and conclusions as presented by staff. SUPPORTING DOCUMENTS 1. URL: Chapter 19.08 F-1 Forestry Zone, Chapter 19.10 FM-10 and FM-20 Forestry Multifamily Zones, Chapter 19.12 FR-0.5, FR-1, FR-2.5, FR-5, FR-10, FR-20, FR-50 AND FR-100 Forestry and Recreation Zones 2. URL: General Plan 3. Proposed Ordinance Amendments 4. Community Council Recommendation Letters 5. Aerial/Zoning Map ---PAGE BREAK--- March 17, 2023 Millcreek Together Code Update I Forestry Recreation Estate (FRE) Zone Summary v2 1 Forestry Recreation Estate (FRE) Zone Summary Millcreek’s code currently includes 5 Forestry and Recreation Zones that were intended for areas in the Wasatch Canyons where more diverse uses such as ski resorts were being suggested. Millcreek has relatively few parcels zoned for these purposes and all are located along the foothills of Grandeur Peak and Mt. Olympus. These areas are often difficult to develop due to access and slope and may only be able to support some residential uses. The new FRE zone is intended to align those considerations with permitted uses and spatial requirements to ensure that any future development in the FRE zone is appropriate for Millcreek. What is the same: The new draft incorporates some of the existing uses but eliminates many more intense uses. It retains its' residential intent. What has changed: • The draft consolidates the four FR zones to one FRE zone with a residential intent. • Many uses are suggested to be deleted due to their inappropriate nature for Millcreek's specific situation. This includes ski related industry. • Format has changed to the more consistent format expected for all the zoning districts and includes placing the uses (permitted and conditional) in a table that includes some use limitations and the spatial standards (setbacks and height) in tables. • It suggests the minimum lot size is 5 acres and consolidated the 4 zones to just one zone. It places applicants on notice of the potential for many development issues and refers to FCOZ, which contains many provisions to address development on steep slopes. Organization: The draft chapter is broken into the following sections: • Purpose • Applicability • Permitted and Conditional Uses • Spatial Requirements (setbacks and height) • Other considerations • Lots of Record • Related Provisions • Definitions ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.02.X Forestry Recreation Estate I Final Draft 1 19.01.1.1 Forestry Recreation Estate Zone (FRE) A. Purpose 1. The purpose of the Forestry Recreation Estate Zone (FRE) is to permit the development of the foothill areas of the City for forestry, trails, and residential uses to the extent such development can mitigate the potential natural hazards/sensitive lands, if any, on the lots in this zone. B. Applicability. 1. The Forestry Recreation Estate Zone (FRE) may be applied to existing parcels, lots, and areas already included in the Forestry Recreation Estate Zone (FRE) in the City, but no additional parcels, lots or land may be added to the FRE zoning district. C. Permitted and Conditional Uses 1. Uses in the Forestry Recreation Estate (FRE) Zone are as determined by the Table 19.X.X Permitted and Conditional Uses in the Forestry Recreation Estate (FRE) Zone. If a use is not specifically designated in the table, then it is prohibited. Table 19.XX-1 Permitted and Conditional Uses in Forestry Recreation Estate (FRE) Zone Table 19.XX.XX Permitted and Conditional Uses in the Forestry Recreation Estate Zone P= Permitted C= Conditional Use Review Required Land use FRE Limitations/references Residential Uses Single household dwelling P Internal accessory dwelling P Group Homes P Up to four occupants allowed without a request for a reasonable accommodation Short-term rentals P Provided a valid Millcreek business license has been issued and in good standing with respect to the property Civic and Institutional Uses Public uses C Quasi-Public Uses C ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.02.X Forestry Recreation Estate I Final Draft 2 Table 19.XX.XX Permitted and Conditional Uses in the Forestry Recreation Estate Zone P= Permitted C= Conditional Use Review Required Land use FRE Limitations/references Religious Assembly P Miscellaneous Uses Temporary structures C As set forth in MKZ 19.XX.XX Temporary Uses Accessory Uses, Accessory Buildings and structures P As set forth in MKZ 19.XX.XX Accessory Uses, Accessory Buildings and Structures D. Spatial Requirements 1. Spatial Requirements. The minimum setbacks, maximum height and lot size requirements are as set forth in Table 19.2.X Spatial Requirements for the Forestry Recreation Estate Zone: Table 19.2.X Spatial Requirements for the Forestry Recreation Estate Zone Zone Minimum lot area Minimum lot width Minimum Front Setback Minimum Side Setbacks Minimum Rear Setbacks Maximum Height Maximum Density FRE 5 acres 300’* 30’ 10’ on interior lots 20’ on corner 30’ 35’ as per standards in the R-21 zone One Dwelling unit per lot *Measurement of Lot Width. The minimum lot width of any lot shall be measured at a distance of fifty feet from the front lot line. **Slope Requirements. All development in the FRE zone shall be subject to the slope protection standards set forth in the foothills and canyons overlay zone, MKZ 19.72.030B 19.72.060 A, "Slope Protection Standards" and MKZ 19.72.080 Site Access.030D, "Streets and Roads." ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.02.X Forestry Recreation Estate I Final Draft 3 E. Other Considerations 1. It is anticipated that development in the FRE zone will encounter many potential hazards such as: 2. Flood zones, avalanche areas, landslides, steep slopes, fault lines, locally significant vegetation, fire risks including the Wildland Urban Interface, soil instability and accessibility issues 3. Construction activity can have an impact on water quality, downslope properties, emergency vehicle service, fire potential, and the health of the local ecosystem. Consequently, construction techniques need to be catered to challenging conditions on lots in the FRE zone and may require additional studies. Therefore, all development in the FRE zone is subject to FCOZ and/or sensitive lands. F. Applicability To Lots Of Record And Waivers From Slope Requirements 1. Applicable to Lots of Record. All standards and requirements for development in the FRE zones as set forth in this chapter shall apply to development on lots and in subdivisions that were recorded prior to the enactment date of the FR zones in the Salt Lake County ordinances as previously codified. Any such lots shall record a plat prior to the issuance of any building permit. G. Related Provisions 1. For additional information refer to the zoning ordinance and in particular the following sections: Signs See chapter xxx Subdivisions See chapter 18 Household Pets See Supplementary and Qualifying Regulations 19.76 Fencing See Supplementary and Qualifying Regulations 19.76 Accessory Buildings See Supplementary and Qualifying Regulations 19.76 19.01.1.2 Definitions (to be moved to uses) Single household dwelling means a separate building arranged or designed to be occupied by one household unit, the structure having only one primary dwelling unit. Internal accessory dwelling means an accessory dwelling unit created within the primary dwelling or within the footprint of the primary dwelling. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.02.X Forestry Recreation Estate I Final Draft 4 Group Home means a home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are elderly or mentally ill or protected by federal fair housing laws. Short-term rental means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days or a residential unit or any portion of a residential unit or that is actually used for accommodations or lodging of guests for a period of less than thirty consecutive days. Public use means a use operated exclusively by a public body, or quasi-public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds and other recreational facilities, administrative and service facilities, and public utilities. Quasi-Public Use means a use operated by a private nonprofit educational, recreational, charitable or philanthropic institution, such use having the purpose primarily of serving the general public, such as private schools and universities, and similar uses. Religious assembly means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. Temporary use means a use or structure on improved or unimproved land which is of impermanent nature, and is used for less than one hundred and eighty (180) days in a calendar year. Accessory Uses and buildings/structures means a subordinate use or structure customarily incidental to and located upon the same lot occupied by a main use. ---PAGE BREAK--- April 6, 2023 To: Millcreek Planning and Zoning Millcreek Planning Commission Subject Application: ZT-23-005. ZT-23-006. ZT-23-007 Adoption of amendments to the Agricultural, Forestry and Residential Mobile Home zone Applicant: Millcreek City Francis Lilly, Planning Manager At the April 6th meeting of the East Mill Creek Community Council (EMCCC), the subject application was presented by Francis Lilly, Planning Manager. As to the Agriculture zone, Mr. Lilly demonstrated their existence in the Canyon Rim neighborhood. The Planning Department recommends not making zone changes to these parcels. This would also apply to a few parcels on the very west end of the City where the current zoning would not have an effect on the surrounding area. Public comment came from Dan Jackson, a property owner of a parcel zoned FR-1. He is asking that the FR-1 zone be excluded from the proposed FRE zone. The new zoning would limit if not prevent him from future subdividing of his parcel. Mr. Jackson is one of two property owners with FR-1 zoning. The other property owner has not contested the zoning. The Council considered the final recommendations from the three other There is no unanimity to grant this exception to exclude the FR-1 zone in favor of one property owner. After questions and discussions, the community council gave a positive recommendation with exception: 1. To exclude the FR-1 zone from the new zone. With the condition that there are not more FR-1 parcels than the two in question. ---PAGE BREAK--- Other than the exception for the FR-1 zoning, the EMCCC gives a positive recommendation to the proposed ordinance Amendments to Title 19 ZT-23-005, ZT-23-006, ZT-23-007. The application was open for discussion prior to a motions. Lee Ann Hansen Vice Chair Land Use Cc: Francis Lilly ---PAGE BREAK--- ---PAGE BREAK---