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Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZM-23-00 4 City Council Staff Report (1st Reading) Meeting Date: 10/9/2023 Applicant: Mile High 901, LLC Re: Rezone from R-1-8 Zone to a Village Center Special District that would accommodate a mixed-use center including a high-end car dealership Property Address: Approximately 4074 South Wasatch Boulevard Prepared By: Francis Lilly, Planning Director / Assistant City Manager Robert May, Long Range Planning Manager 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. REQUEST AND SYNOPSIS The applicant, Mile High 901, LLC, is petitioning the Millcreek City Council to rezone roughly 8 acres of the property located at approximately 4074 South Wasatch Boulevard from an R-1-8 Zone to a Village Center Special District (VCSD) that would accommodate a mixed-use center that would include a high-end car dealership on the south side of the property and public space and mixed use with commercial development on the north side of the property. Concurrently with staff-initiated application ZT-23-010, the applicants petition proposes a customized Olympus Hills West Village Center Special District within the Olympus Hills Village Center that includes the large vacant property to the west of the Olympus Hills shopping Center, between Wasatch Boulevard and I-215. At a public meeting held on September 20, 2023, the Planning Commission unanimously recommended approval of the proposed rezone, subject to some revisions to the VCSD ordinance text and the inclusion of a robust public engagement process prior to the approval of the mixed-use project proposed for Phase 2. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 2 of 20 AUTOMOBILE DEALERSHIPS IN A VILLAGE CENTER Are automobile dealerships fundamentally contrary to the goal of the village center, or can they be worked into a village center concept with good design? Many other centers have some form of large format, auto-oriented uses at their peripheries, Harmons Holladay Market, Honda in Walnut Creek, California, or a handful of dealers in a mixed-use context in Bethesda, Maryland). Walnut Creek, California Bethesda, Maryland -Wasatch Boulevard will always be an arterial road with proximate Interstate access. Given that Wasatch Boulevard is not likely to change significantly, should we treat the west side differently than the east? -Does the inclusion of a side path, which meets a stated goal in the general plan, also help meet the goal of connectivity? Does it “tie together ” both sides of Wasatch Boulevard, while recognizing that Wasatch Boulevard will remain a vehicle-centric road? -Should the west side of Wasatch Boulevard be a Mixed-Use Designation, instead of a Village Center? ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 3 of 20 -The dealership is a low-slung building and is oriented so that residents on Apollo Drive and south will have a clear view unobstructed by buildings. Given height and view concerns, particularly on the south side of the site, what other uses are feasible that wouldn ’t be tall and that wouldn ’t generate significant traffic? The General Plan has placemaking goals for the Village Center, and goals for complete streets, additional parks, economic development, and sales tax creation. Do these goals fundamentally conflict, or can a high-end car dealership be a “best fit” to accomplish as many of these goals as possible? A VILLAGE CENTER SPECIAL DISTRICT ZONING OPTION A special district zone could be used to create specific standards for uses, signage, lighting, landscaping materials, building height and orientation, and streetscapes. Special districts could be applied to village centers, mixed use areas, or anywhere the City would welcome a proposal that falls outside of the strict confines of a commercial zone. Coupled with a development agreement, we could craft a zone that provides value to the city in the form of enhanced public amenities. Special district requests would require a neighborhood meeting, a joint meeting with the City Council and Planning Commission, and a preliminary site plan review by staff prior to a formal application. Formal notice would include community council review, a planning commission recommendation, and City Council review. Proposed Plan All 8 acres would be included in the OHW- VCSD - Northern 2 acres adjacent to 3900 South where I-215 on ramp is currently located would be designated as Mixed-Use Development only would be Phase 3 and accompanied with Future Development Agreement approved by the City. (Currently not zoned) - The 2 acres north of Porsche Dealership designated for Mixed-Use Development only would be Phase 2 and accompanied with Future Development Agreement approved by the City. (Zoned R-1-8) S th 4 d i t d f P h ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 4 of 20 ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 5 of 20 ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 6 of 20 Phase 1 of this master planned project consists of the Porsche dealership: Staff finds that the Porsche dealership will provide long term bene fits to Millcreek in multiple ways: The building itself will be a strong architectural statement, serving as one of only a handful of Generation 5 Porsche Experience buildings in the United States, immediately placing Millcreek on the map for this cutting- edge concept of a world leader in automotive manufacturing and sales. The Millcreek Together General Plan espouses creating a vibrant, reliable, and diverse economy for the benefit of the entire community. Being the only new vehicle dealership in the city’s boundaries, the dealership will create new sources of tax revenue to the city to provide many of the services and amenities that its citizens desire, without further burdening the Millcreek taxpayer. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 7 of 20 OLYMPUS HILLS WEST VCSD STANDARDS The next several pages will review aspects of the draft Olympus Hill West Village Center Special District zone text. To review the draft in its entirety including the exhibits, refer to the supporting documents. The Olympus Hill West Village Center Special District (OHW-VCSD) proposes a blend of multifamily and commercial retail and office that are distinct and inviting to a village center. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 8 of 20 Standards and limitations regulate the permitted and conditionally permitted uses to help preserve the goals for village centers identified in the Millcreek General Plan. Uses and building forms included in a future phase will be subject to a development agreement, which will require an enhanced public engagement process. Although it may appear unique, proposing a high-end automobile dealership within the (OHW- VCSD) stimulates economic growth without triggering the significant traffic that is generated by other significant sales tax generating uses, such as furniture stores, grocers, home improvement stores, and mixed use retail centers. Moreover, the OHW-VCSD allows the City to carefully craft specific zoning regulations and guidelines tailored to enhance the character, development, and management of the area. With the help of the community councils and residents, reasonable regulations can be inserted to help mitigate any concerns. Development Standards The proposed development standards are listed in Section 19.62A.030 of the proposed OHW- VCSD ordinance. In summary, these standards limit the height and size of the building, indicate where and how vehicles can be displayed, requires appropriate screening of utilities, establishes setbacks, and prohibits the automobile sales portion of the site to be sold or leased for any other purpose. In this regard, the ordinance is very similar to the mechanics of a development agreement between the City and the developer, the OHW-VCSD allows the City to include specific zoning regulations mandating a specific architectural theme, colors, and building materials. Additionally, the Porsche automobile dealership must incorporate a similar architectural theme and building materials depicted in an attached exhibit. By including the exhibit into the draft OHW-VCSD, it establishes a layer of security for the community and helps the City enforce what was proposed. In addition to regulating the theme and appearance of the dealership, the building setbacks and elevations can be solidified within the draft and exhibits, ensuring that the overall location, size and outcome is properly transferred throughout the process and building permit plans. The applicant has been extremely conscious of the view corridor and height sensitivity at this location and is proposing maximum building elevations within the draft, with a goal to preserve view corridors. The proposed draft OHW-VCSD will include the maximum height allowances specific to the showroom portion and service portion of the automobile dealership building. Elevation profiles identifying maximum height will also be included in the exhibit, giving more clarity. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 9 of 20 The northern portion of the automobile dealership building, known as the showroom portion, is proposed to be a maximum of 34 feet. The applicant is proposing that the draft code identifies the showroom portion of the building shall be no taller than 36 feet as measured from the final engineered grade of the grading and drainage plan. This is mainly due to the uneven surface of the site and offers a small amount of flexibility for the architect. Elevation profile looking north and east Rendering illustrating view of Porsche Dealership looking southwest from Beaumont Bakery ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 10 of 20 The southern portion of the automobile dealership building, known as the service portion, is proposed to be a max 26 to 28 feet. The applicant is proposing that the draft code identifies the showroom portion of the building shall be no taller than 28 feet as measured from the final engineered grade of the grading and drainage plan. Again, this is mainly due to the uneven surface of the site and offers a small amount of flexibility for the architect. Phase 2 of the Olympus Hills West Village Center There has been considerable public discussion over the appropriateness of a high-end automobile dealership as part of a village center, and the opportunity cost of setting aside 4- acres of land designated in the General Plan as a Village Center for a use that some consider to not “serve the neighborhood.” Rendering illustrating view of Porsche Dealership looking west from Apollo Drive Elevation profiles from south and west ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 11 of 20 The southernmost portion of the subject property is wedged between an arterial road and an Interstate highway. In the future, UDOT will likely construct a northbound onramp from Wasatch Boulevard to I-215 at the southern end of the property. The property is further encumbered at the south end by a substantial easement serving the Metropolitan Water District. This not only affects the buildability of the southern portion of the property, but UDOT would likely prohibit access from Wasatch Boulevard onto the property much further south than where the proposed accesses are now, since it will in the future be an approach to a highway onramp. Staff are also concerned about the economics of assuming that the entire 8 acres would develop as a Village Center along the lines of Holladay’s Village Center. The flagship component of the Holladay Village Center – the shops and restaurants lining the plaza – is approximately 2.75 acres. Holladay Village Center – Phase 1 Staff do not believe that the community can expect that all 8 acres – or even the entirety of the Olympus Hills Shopping Center Site if it were to redevelop in the future – would consist of neighborhood-oriented shops and restaurants. Park City’s Main Street, from Heber Avenue to Swede Alley, is approximately 18 acres – and it serves an international mountain resort town that receives 600,000 out-of-state visitors annually. Finding an elegant solution for the remaining acreage, and the land underneath the current cloverleaf onramp that may be surplused by UDOT in the future, is vitally important. It is not vitally important that the entire acreage of the subject property consist of neighborhood-oriented shops and restaurants. In fact, such a goal is likely not supported by the regional economy and could well undermine the long-term viability of the Olympus Hills Shopping Center Site. Included in the OHW-VCSD draft is a standard for development for approximately 2 acres north of the dealership slated for mixed-use that will contain commercial retail and office, including restaurants. In order to maintain the goals and themes of the General plan for village centers, the proposed draft requires a minimum of 10,000 sf dedicated towards a public plaza. Since Phase 2 is not yet specified, the ordinance establishes an overall maximum height, required and prohibited materials, required and prohibited uses, and other design standards. However, approval of Phase 2 is subject to a development agreement, and the ordinance makes clear that any standard established for Phase 2 may be further limited by a future development agreement, the process for which is established in Section 19.62.050 of the proposed ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 12 of 20 ordinance. In addition, the Planning Commission recommended as part of its motion an enhanced public engagement process for Phase 2, and staff suggests that the enhanced public engagement process include, at a minimum, the following: 1. Owner/Developer will hire a third-party planning consultant to conduct a community engagement process. 2. Owner/Developer will begin the process no later than April 23, 2024, by mailing, at Owner/Developer’s expense, a notice to all property owners located within 1320 feet of the boundaries of the Olympus Hills West Village Center Special District, informing property owners of a community open house regarding development of the Multiuse Project. Notice shall be on a form approved by the City, and the City shall provide the list of property owners to the Owner/Developer. 3. Owner/Developer will coordinate with the City on a social media communications plan and an online survey, as well as plan a field trip with the Consultant, the Mount Olympus Community Council, and other interested parties to other village centers in the region. 4. Owner/Developer and Consultant will organize a follow up open house where ideas are gathered into 2 or three concepts. The goal of these concepts is to solicit feedback on a recommendation. 5. Prior to filing a land use application for the Multiuse Project, Owner/Developer shall: A. Present a preferred concept to the Mount Olympus Community Council for feedback. B. Present a preferred concept to a joint meeting with the City Council and Planning Commission. Approval of Phase 2 is tantamount to an entirely new rezone, and the VCSD text does not confer any expectation for development rights, reserving that decision instead for a future development agreement. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 13 of 20 The objective is to create a welcoming and lively environment for people of all backgrounds and ages, enhancing their quality of life while promoting safety and resilience. The public plaza or square is geared towards creating a vibrant gathering area harnessing a sense of community and social interaction among residents, which is an essential tool for placemaking. In terms of building heights, the proposed draft places considerable importance on preserving views of the Wasatch Mountains and other significant areas, ensuring that development does not significantly detract from these natural resources. It’s important to note that the General Plan suggests building heights of 1-4 stories within village centers and that the current zoning of the Olympus Hills Shopping Center allows building heights up to 45 feet. Given the aforementioned characteristics and the current topography gradually sloping west, the proposed draft proposed a maximum building height benchmarked in a way such that the tallest building in Phase 2 would be lower in elevation than the top of the roof of the Macey’s grocery store: any resident in Olympus Cove that currently sees over the top of the Macey’s grocery store, will see over the top of whatever is built to the west of it. While there is no specific mixed-use site plan being proposed, the draft OHW-VCSD has been carefully crafted with minimum standards regulating the scale and form of proposed buildings, including allowable building facades and materials used. Design standards from the City Center have been incorporated but scaled down to accommodate appropriate dimensions for the surrounding area. The minimum standards for buildings in Phase 2 are described in 19.62A.030 of the ordinance, beginning on Page 11. The materials and colors are limited to those described below, which were inspired by the materials used for the Utah Museum of Natural History. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 14 of 20 Lighting and Landscaping Residents from the surrounding area, including Millcreek, have expressed concern over the lighting standards and requirements for which the proposed automobile dealership should be limited to. It is important that the (OHW-VCSD) incorporate minimum lighting standards that enhance the safety, functionality, and aesthetics of the village center. The lighting standards included in the proposed draft have taken in account the effects of the proposed automobile dealerships illumination, specifically the illuminated signage located on the building itself and the parking lot lighting. The proposed draft includes an enhanced version of how Millcreek currently regulates commercial lighting to help ensure that the proposed lighting aligns with the modern best and dark sky lighting practices and addresses the overall concerns of the surrounding neighborhood. While all the lighting standards are equally important, the proposed OHW-VCSD draft lighting standards include unique operational requirements for dimming that are important to the neighborhood, and enhanced language for how average foot candles are measured that adds a layer supporting enforcement measures if needed. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 15 of 20 The proposed draft includes meeting the general design requirements of the Millcreek Landscape Code with the exception of requiring more street trees. Note: -The Millcreek Landscaping Code a minimum of one tree shall be provided for every 40’ linear feet along facades that face public streets, transportation corridors, or public open space. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 16 of 20 -The proposed draft requires that a consistent species of trees, planted every 30 feet on center along Wasatch Blvd. -The applicants proposed conceptual landscaping plan includes tree every 15’ feet on center along Wasatch Blvd. with a total of 32 trees. The length of the project along Wasatch Blvd is approximately 1,000 linear feet. The Wasatch Boulevard Master Plan Phase 2 Corridor Study calls out the need for a multi-modal access path stretching from 3300 South to 6200 South. Millcreek recently received a grant to help fund the portion of the Wasatch multi-use path located in Millcreek In addition to the streetscape improvements, the applicant has agreed to install improvements to include multi-use path and bike lane enhancements on the west side of Wasatch Boulevard for the length of the project site which is approximately 1,500 linear feet. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 17 of 20 Yellow line illustrates Millcreek ’s portion of the multi-modal access path Red line illustrates the portion of multi-modal access path that the applicant has agreed to install TRAFFIC CONSIDERATIONS A traffic study performed by Hales Engineering was commissioned by Millcreek to evaluate potential traffic impacts at the following intersections based on the: Current existing conditions(2023), Opening of the automobile dealership(2025), and the Future conditions(2030), with and without the proposed project. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 18 of 20 o Findings do not include project conditions. o Study recommends dual left hand turn lanes approaching 3800 South northbound on Wasatch Blvd. o Recommends Buffered bike lanes. o Olympus Hills Shopping North and South Access points rated poor LOS o Olympus Hills Shopping North and South Access points are still rated poor LOS o Apollo Drive / Wasatch Blvd. intersection begins to operate poorly. o Porsche South Access begins to operate poorly. o Olympus Hills Shopping North and South Access points are still horrible. Poor LOS o Traffic signal needs to be installed at Central Access, Wasatch Blvd., and Olympus Hills South Access. o Olympus Hill South Access operation improves with traffic signal. o Olympus Hill North Access operation improves with traffic signal. o Apollo Drive / Wasatch Blvd./ Porsche access operates poorly but may improve if signal light is installed at Central Access. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 19 of 20 The Porsche dealership was supplemented with local counts from the existing Porsche dealerships in Lehi, Utah and Littleton, Colorado. See the preliminary traffic trip generation study in the supporting documents. Trip generation for the proposed project is included in Table 5 below. Note that the proposed Porsche Dealership (Opening 2025) does not constitute or trigger the traffic signal at the Central Access. It is not until the 2 acre Mixed-Use development (Phase 2) is implemented that ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 20 of 20 the traffic signal is warranted. Another note to consider is that traffic signal at the Central Access and South Access point improves the LOS at those intersections where now it currently fails. DEVELOPMENT AGREEMENT CONSIDERATIONS Since the OHW-VCSD is so specific, the development agreement is relatively simple. The Millcreek Planning Commission recommends that the proposed rezone be subject to a development agreement that addresses timely performance for Phase 2 development, and an enhanced public engagement process. Staff has drafted a development agreement that requires the developer to commence the public engagement process by April 23, 2024, and to file a complete land use application for Phase 2 by October 23, 2026. If either of these conditions are not met, the city could proceed with a rezone of the subject property to Agricultural. The proposed public engagement process includes the 5 steps outlined on page 11 of the staff report. GENERAL PLAN CONSIDERATIONS Economic Development Strategy 1.5: Target, create, and promote incentives for businesses that foster growth and retention of jobs offering wages higher than the county average. Economic Development Strategy 2.5: Support efforts to attract, expand and retain large, medium and small businesses that offer high quality jobs, generate local tax revenue and/or provide needed goods or services to residents. Vibrant Gathering Places Strategy 9.3: Encourage the development or redevelopment of vacant and under-utilized properties in centers and along major corridors by using a combination of incentives, rezoning, and creative design solutions. A General Plan is an advisory document, and sometimes policymakers are challenged with ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 21 of 20 prioritizing different good goals, including the concept of a village center with an emphasis on neighborhood-centric retail uses, and a broader city-wide goal to support the city’s economic growth to provide for the needs and expectations of residents without further burdening them as taxpayers. This proposal accomplishes both, by setting aside 4 acres on a challenging property for a use that provides high quality jobs, generates tax revenue and diversifies our economy, and by creating a robust public process to imagine the future of the remaining acreage and the surplus UDOT right-of-way. Vibrant Gathering Places Strategy 1.3: Promote development that enhances and improves views of the Wasatch Mountains and other significant view areas. View preservation is an essential goal of the general plan, particularly in Olympus Cove. By establishing a single-story use on the south side of the subject property, the most significant and acute view obstructions can be avoided. By benchmarking building height such that the tallest building in the development will be lower in elevation than the roof of the Macey’s, the City can promote development on this vacant parcel without compromising established view corridors from Olympus Cove. Vibrant Gathering Places Strategy 4.8: Evaluate development applications in and around urban centers with particular attention to their contribution to the integration and mixing of uses, orientation to the public realm and their support of connections. Vibrant Gathering Places Strategy 7.4: Create an Olympus Hills Village Center Plan and coordinate with UDOT, UTA property owners, and stakeholders with specific focus on how Wasatch Boulevard is designed to cohesively join the two sides of the center. Great Connections Strategy 1.1B: Encourage a well-connected system of streets, sidewalks, bike facilities, and off-system trails for new developments and redevelopment areas. The inclusion of a significant grade-separated shared use path on the west side of Wasatch Boulevard is a stated goal of the Wasatch Boulevard Master Plan Phase 2 Corridor Study and is accomplished through the applicant’s proposal, without costing the city anything. Given that on average, 4,000 cyclists traverse this section of Wasatch Boulevard daily, this is a significant benefit to the city. Open Space Strategy 3.1: Acquire or protect additional properties to preserve Conservation Open Space areas (shown on the Future Land Use map). Open Space Strategy 4.2: Identify park components that need to be updated or replaced and develop a schedule, budget, and methodology to complete improvements. Open Space Strategy 5.2: Consider park development impact fees and other financial tools to offset the cost of providing needed parks and facilities associated with new development. These three goals speak to the need for economic development to support other needs in our community, including the preservation of open space and the improvement of parks and trails. Broadening and expanding the City’s tax base allows policymakers to consider capital improvements citywide and other targeted investments on behalf of the public, without resorting to increased property or sales taxes. ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 22 of 20 COMMUNITY COUNCIL RECOMMENDATION S East Millcreek Community Council. Recommended approval of the proposed Olympus Hills West Village Center Special District. Voted 6-0 Mount Olympus Community Council. Recommended denial of the proposed Olympus Hills West Village Center Special District. Voted 8-3 PLANNING COMMISSION RECOMMENDATION AND FINDINGS At a public hearing held on September 20, 2023, the Millcreek Planning Commission unanimously recommended approval of Application ZM-23-004, and accepted the following staff findings that the proposed Olympus Hills West Village Center Special District, inclusive of a high-end car dealership: 1. Appropriately responds to the acute traffic constraints on Wasatch Boulevard, because it is a commercial use that generates little traffic compared to other possible uses including hotels, movie theaters, entertainment venues, offices, or multifamily uses; 2. Protects viewsheds and provides for building heights, because the Porsche building itself is no taller than 36’ in height, and the mixed-use Phase 2 portion would be no taller than 35’ in height, as measured from Wasatch Boulevard grade. In both cases, these heights are below the roof deck of the Macey’s grocery store – which means that anyone who can see over Macey’s can also see over this project. Furthermore, the proposal deliberately arranged the building site to protect the viewshed from Apollo Drive. Protection of viewsheds is a recommendation of the General Plan; 3. Provides for significant commercial investment, rather than simply accommodating high- density residential housing. The Village Center concept in the General Plan calls for a mix of uses, and not just a high-density residential development; 4. Provides placemaking opportunities in the form of a small open space lined by restaurant and office uses occupying the northern 2acres of the development site. The Village Center concept in the general plan calls for this. This area is similar in size to the plaza and retail/office building that forms the flagship component of the Holladay Village Center. Defining the uses and form that this north portion of the site will take will require a subsequent, robust public engagement process culminating in a development agreement that will be reviewed by the Mount Olympus Community Council, the East Mill Creek Community Council, the Planning Commission, and the City Council. In approving this rezone, the city makes no commitment to residential density, or building heights. The developer understands that those issues will be discussed in a future development agreement process; 5. Promotes cyclist and pedestrian safety by creating a new grade-separated shared use side path. The General Plan calls for this type of improvement, as does the Wasatch ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 23 of 20 Boulevard Phase 2 Master Plan Corridor Study. The developer will pay for this improvement, which allows Millcreek taxpayer dollars to be leveraged elsewhere. 6. Enhances and diversifies Millcreek’s tax base, providing opportunities for the City to meet other urgent community needs without further burdening Millcreek taxpayers; 7. Acknowledges the fundamental reality of Wasatch Boulevard and the likely relocation of a highway onramp to the south side of the property. Wasatch Drive will always be a busy five-lane arterial road, and the property will always be between Wasatch Drive and an Interstate Highway; and 8. Avoids the unpleasant situation of a potential digital off premise sign along I-215. If Millcreek just zoned this area as commercial, or if Millcreek just permits commercial uses for the entire acreage, it is highly likely that a billboard company would remove existing signs in Millcreek and replace them a sign along I-215. The State effectively prohibits cities from stopping billboards from being placed in commercial zones along interstate highways, and the state automatically allows highway-oriented billboards to be digitized. As part of their recommendation, the Planning Commission advises that the overall height of the buildings in Phase 2 be limited to 35 feet as measured from the northeast corner of the Phase 2 site. In addition, the Planning Commission requests that the development agreement compels the developer to commit to an enhanced public engagement plan and timeline for the development of Phase 2. Finally, the Planning Commission requests that mailed notices for Village Center designations and amendments be sent to property owners within ¼ mile, or 1,320 feet, of the boundaries of the Village Center district being designated. FINDINGS FOR ADOPTION AND AMENDMENT OF A VCSD Section 19.62.020 of the enabling ordinance requires the City Council to make some findings regarding adoption and amendment of a VCSD. Staff is recommending the adoption of the following findings as part of a motion to adopt the proposed OHW-VCSD: FINDING: The City Council finds that the OHW-VCSD and the associated schematic site plan do not conflict with any applicable policy and guidance of the General Plan. A General Plan is an advisory document, and sometimes policymakers are challenged with prioritizing different good goals, including the concept of a village center with an emphasis on neighborhood-centric retail uses, and a broader city-wide goal to support the city’s economic growth to provide for the needs and expectations of residents without further burdening them as taxpayers. This proposal accomplishes both, by setting aside 4 acres on a challenging property for a use that provides high quality jobs, generates tax revenue and diversifies our economy, and by creating a robust public process to imagine the future of the remaining acreage and the surplus UDOT right-of-way. FINDING: The City Council finds that the OHW-VCSD and the associated schematic site plan will allow integrated planning and design of the site and, on the whole, better development than would be possible under the strict application of the city ’s zoning ordinances. The proposal preserves viewsheds and restricts heights in the most sensitive parts of the subject property, and limits and arranges uses in a manner that promotes economic development while limiting ---PAGE BREAK--- Request: Rezone from R-1-8 to VCSD ZM-23-004 Page 24 of 20 traffic impacts. The inclusion of a robust public engagement process and subsequent development agreement for phase 2 protects the City’s interests in ensuring the other components of a village center – including the provision of neighborhood scale commercial and residential buildings connected by functional open space and green space – is protected. The City would not have this level of assurance if it simply zoned portions of the property commercial or multifamily residential. FINDING: The City Council finds that the OHW-VCSD and the associated schematic site plan does not adversely impact existing public utilities, including but not limited to power, gas, telecommunications, storm water, culinary water, and sanitary sewers. The most significant public utility in the area is the Metropolitan Water District’s infrastructure. The site and uses are arranged to improve and protect the District’s easement and access to its facility south of the subject property. By allocating 4 acres of the site to a low-impact use, relative to other commercial or mixed-use options, and by establishing lighting and landscaping plans that encourage energy efficiency and sustainable water use, the proposal exceeds the requirements of the City’s existing lighting and landscaping standards and promotes greater efficiency in the use of energy and water than would otherwise be required through the strict application of the city’s zoning ordinances. SUPPORTING DOCUMENTS 1. Draft Olympus Hills West Village Center Special District 2. Neighborhood Meeting Summary 3. Plans/Submittal Documents 4. Applicant’s Phase 2 Narrative 5. Received letters from Community Councils 6. Hales Engineering Traffic Study 7. Previous Hales Engineering Trip Generation Study 8. September 20th Draft Planning Commission Meeting Minutes