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Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 1 of 7 CITY COUNCIL STAFF REPORT Meeting Date: 2024 RE: Amendments to the Supplementary Regulations Chapter as part of the zoning code update. File: ZT-24-010 (Building Height) ZT-24-011 (Lots and Building on Private Street or Lane) ZT-24-012 (Affordable Housing) NEW ZT-24-013 (Required Studies and Plans) NEW Applicant: City, Robert May, Long Range Planning Manager The city planning and zoning department is undertaking a comprehensive amendment of the Supplementary Regulations Chapter 19.76 of the zoning ordinance. These amendments aim to address planning challenges, entice moderate income housing, and establish clear guidelines for development projects. With the exception of the following four sections below that deal with development on private right of way and building height, the other sections of the Supplementary Regulations Chapter will remain the same but relocated to more applicable areas of the municipal code. 19.76.080 Lots And Buildings On Private Rights-Of-Way 19.76.170 Height Limitations; Buildings Less Than One Story 19.76.190 Height Limitations; Exceptions 19.76.200 Additional Height Allowed When The primary focus of these amendments is to consolidate building height limitations/exceptions and definition of Building Height¹, clarify regulations concerning Lots and Buildings on a Private Right of Way, and introduce two new chapters: Affordable Housing and Required Studies and Plans. The final outcome of the proposed amendments will consist of the following chapters, each with a separate file number: 1. ZT-24-010 (Building Height) 2. ZT-24-011 (Lots and Building on Private Street or Lane) 3. ZT-24-012 (Affordable Housing) 4. ZT-24-013 (Required Studies and Plans) ¹Definition of Building Height is more accurately labeled as “Building, Height Of” in the Definitions Chapter 19.04. Staff is requesting that the planning commission review and make a recommendation to the City Council for each of the proposed chapters. SUMMARY OF PROPOSED ---PAGE BREAK--- Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 2 of 7 ZT-24-010 Building Height Proposed Changes. 1. Consolidates the Height Limitations/Exceptions sections with the “Height of Building” definition. 2. Clarification added to definition of Building Height for when original grade is not readily apparent. 3. Revised the non-residential use projections to be consistent with the City Center Overlay Zone. 4. Updated template changes integrating with other updated codes. 5. An improved illustration clarifying where original grade is measured. Staff Objective and Findings The staff’s goal of the proposed Building Heights chapter is to condense the regulations governing how Millcreek regulates building heights into one chapter. Changes include adding criteria for determining when original grade is not readily apparent and updating the height exceptions language. By establishing predetermined criteria, the burden placed on the planning department is removed. Revising the height exceptions ensures consistency with the code and includes a maximum height cap. While mostly a housekeeping attempt, staff finds that the proposed Building Height chapter aligns with staff’s commitment to the public by providing clear and concise ordinances. ZT-24-011 Lots and Building on Private Street or Lane Proposed Changes. 1. Exchanged “Right of Way” with “Street or Lane.” 2. A table distinguishing between existing and new private streets or lane requirements. 3. Exchanges minimum lot area of one- half acre to the minimum area of the zone and included standards for when certain requirements must be met. 4. Updated template changes integrating with other updated codes. Staff Objectives and Findings The current language governing lots and buildings on a private right of way is outdated (from 1953), poorly written, and no longer functions accurately given the current lot characteristics. Millcreek has a fair amount of existing private streets or lanes that are substandard to today’s private street or lane standards. Existing language is confusing and outdated and does not align with adopted private road standards or lot characteristics. Staff finds the proposed draft of the Lots and Buildings on a Private Right of Way Street or Lane modifies the requirements for existing private streets or lanes and introduces more modern and updated requirements for new private streets and lanes. The amendments will define clear standards for existing and new development, while ensuring safe and adequate access for emergency services and residents. ZT-24-012 Affordable Housing Proposed Changes. 1. A distinct chapter specifically addressing affordable housing incentives. ---PAGE BREAK--- Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 3 of 7 2. Geared to be attractive to different development types and AMI targets. 3. Includes specific limitations and restrictions for each incentive. 4. Preserves viable commercial intersections. 5. Integrated to be consistent with other updated templates and current code requirements. Staff Objectives and Findings The Affordable Housing Chapter is geared towards increasing the supply of affordable housing in Millcreek. The primary method is by incentivizing developers through density bonuses, increased elevation, streamlined permitting processes, etc. While Millcreek has continually been committed to promoting affordable housing development, a large driver propelling the proposed Affordable Housing Chapter is due to satisfying the states moderate income housing requirements. Baked into Millcreek’s moderate income housing plan are adopted strategies designed to increase the supply of affordable housing units. Each adopted strategy has specific implementation actions and benchmarks in which the city must meet, or at minimum demonstrate the city’s progression on a yearly basis through its mandated moderate income housing report. Staff finds that the proposed Affordable Housing chapter supports Millcreek’s efforts in implementing the adopted MIH strategies. Staff finds that the proposed Affordable Housing chapter is a sound attempt at attracting moderate income housing, including deeply affordable housing. ZT-24-013 Required Studies Proposed Changes. 1. A new chapter specifically aimed at strengthening when the city can require a study or plan. 2. Includes a comprehensive table that outlines the description of study/plan, when the study/plan is required, and the scale and boundaries for which the study/plan should include. 3. More formally, supports the city’s ability to ensure that development projects are thoroughly evaluated for their impact on the community and environment. 4. Integrated to be consistent with other updated templates and current code requirements. Staff Objectives and Findings Ensures that larger scale development projects are thoroughly evaluated for their impact on the community and environment. Helps promote informed decision-making targeted at minimizing any detrimental impacts. Staff finds that the proposed Required Studies chapter will help reduce detrimental impacts on the surrounding community by ensuring that potential impacts are assessed and mitigated. Larger scale developments can place substantial demands on local infrastructure and services, such as roads, schools, and emergency services. Staff finds that by requiring a professional study or plan can help staff evaluate the capacity of existing infrastructure and services to accommodate the new development, identify necessary upgrades, and propose measures to ensure that the development is sustainable and beneficial to the community without overburdening existing resources. STAFF FINDINGS (per ---PAGE BREAK--- Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 4 of 7 ZT-24-010 Building Height. Staff finds that the proposed Building Height chapter aligns with staff’s commitment to the public by providing clear and concise language. ZT-24-011 Lots and Buildings on Private Street or Lane. Staff finds the proposed draft of the Lots and Buildings on a Private Right of Way Street or Lane modifies the requirements for existing private streets or lanes and introduces more modern and updated requirements for new private streets and lanes. The amendments will define clear standards for existing and new development, while ensuring safe and adequate access for emergency services and residents. ZT-24-012 Affordable Housing. Staff finds that the proposed Affordable Housing chapter supports Millcreek’s efforts in implementing the adopted MIH strategies. Staff finds that the proposed Affordable Housing chapter is a sound attempt at attracting moderate income housing, including deeply affordable housing. ZT-24-013 Required Studies. Staff finds that the proposed Required Studies chapter will help reduce detrimental impacts on the surrounding community by ensuring that potential impacts are assessed and mitigated. Larger scale developments can place substantial demands on local infrastructure and services, such as roads, schools, and emergency services. Staff finds that by requiring a professional study or plan can help staff evaluate the capacity of existing infrastructure and services to accommodate the new development, identify necessary upgrades, and propose measures to ensure that the development is sustainable and beneficial to the community without overburdening existing resources. COMMUNITY COUNCIL RECOMMENDATION_(per Council District) MOCC ZT-24-012 Affordable Housing Chapter The Mount Olympus Community Council voted unanimously (6-0) to recommend approval of the affordable housing ordinance, as presented, with these major exceptions: 1. The proposed 100’ maximum height incentive for buildings to be used for affordable housing should be limited to the following zones: a. Mixed Development (MD) zone – note: the current maximum height is currently 72’ with the option for greater height, subject to a conditional use application, for all allowed uses. b. Light Manufacturing zone – note: the current maximum height is already 100’ for all allowed uses. c. Commercial zones, but only within ¼ mile of a transit station. Other than this one exception, it is inappropriate to allow structures up to 100’ in height in any commercial zone. ZT-24-013 Required Studies Chapter The Mount Olympus Community Council voted unanimously (6-0) to recommend approval as proposed. ZT-24-001 Lots and Buildings on a Private Street or Lane Chapter The Mount Olympus Community Council voted unanimously (6-0) to recommend approval as proposed. ZT-24-010 Building Height Limitations; Exceptions, Chapter ---PAGE BREAK--- Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 5 of 7 The Mount Olympus Community Council voted unanimously (6-0) to recommend approval as proposed. MCC ZT-24-012 Affordable Housing Chapter The Millcreek Community Council voted (7-1) to recommend approval with the condition that the affordable housing chapter be reviewed and amended as better data reveals itself. While MCC members agreed that the proposed Affordable Housing chapter was crucial in satisfying the state mandated implementation actions regarding the moderate-income housing adopted strategies, members expressed the following concerns: 1. Staff’s proposed incentives were disproportionate and only incentivized affordable housing on the west side. Some members are concerned that all the new density is being targeted in their district. 2. Data from the Zions Housing Report. Some council members expressed concern about the data, specifically data showing deficit of housing units targeted at deeply affordable housing 30% AMI. 3. Some community council members expressed concern that incentives were largely aimed at incentivizing moderate income housing at %50 AMI+ and not nearly enough towards deeply affordable housing at 30% AMI. Staff and Community Council members discussed in great depth what the proposed Affordable Housing chapter could achieve and what it may not. The majority of the members expressed a desire that incentives should lean towards attracting deeply affordable housing at 30% AMI, which is identified in the Zions Housing Report as being the largest deficit of housing units. MCC members would also like to explore other potential incentives such as additional density when adjacent to a park or other civic infrastructure. Staff noted that the proposed draft was largely created to satisfy the state mandated requirements for increasing moderate income housing units but was also geared the incentives towards the types of affordable housing applications it mostly receives. The largest and fastest was to increase affordable housing units is to incentivize development where it can make the most impact. Staff added that affordable housing developers are aiming their projects in areas that allow the most density and are within close proximity to transit station, which are located in the west portion of the city. ZT-24-013 Required Studies Chapter The Millcreek Community Council voted (8-0) to recommend approval as proposed. ZT-24-001 Lots and Buildings on a Private Street or Lane Chapter The Millcreek Community Council voted (8-1) to recommend approval as proposed. One member abstained from vote due to not reviewing the draft. ZT-24-010 Building Height Limitations; Exceptions, Chapter The Millcreek Community Council voted unanimously (9-0) to recommend approval as proposed. CRCA ---PAGE BREAK--- Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 6 of 7 The Canyon Rim Citizens Association did not meet for their regularly scheduled July meeting due to the Fourth of July Holiday. Staff sent copies of the proposed text amendments to each member and asked kindly to submit their responses individually or collectively. Only one individual response was received. It expressed that they had reviewed all the proposed code changes, do not have any additional comments, and would recommend the adoption of each change. EMCCC ZT-24-012 Affordable Housing Chapter The East Mill Creek Community Council voted (7-0) to recommend approval with the following conditions: 1. The Community Council did not agree with the increased height (10’) in R-1-“3-5” zones 2. The Community Council did not agree with waiving ground-floor commercial requirements where mixed- use developments are required in the City Center and future Village Centers to promote community gathering areas ZT-24-013 Required Studies Chapter The East Mill Creek Community Council voted (7-0) to recommend approval as proposed. ZT-24-001 Lots and Buildings on a Private Street or Lane Chapter The East Mill Creek Community Council voted (7-0) to recommend approval as proposed. ZT-24-010 Building Height Limitations; Exceptions, Chapter The East Mill Creek Community Council voted (7-0) to recommend approval as proposed. PLANNING COMMISSION RECOMMENDATION (per ordinance)__ At their regularly scheduled meeting on July 17, 2024, the Millcreek Planning Commission discussed and made recommendations on the four proposed text amendments. ZT-24-012 Affordable Housing Chapter Voted unanimously (7-0) to recommend approval with the following conditions: 1. Revise “Open Space Reduction Incentive” to include a. When in proximity to a park. b. Not to include any private or limited common open space. 2. Teir building height on a scale. 3. Gear incentives towards more mixed affordable targeted at low-income housing. 4. Consider a “right to re-purchase” clause when developing an enforcement section. ZT-24-013 Required Studies Chapter Voted unanimously (7-0) to recommend approval with the added condition…. ZT-24-001 Lots and Buildings on a Private Street or Lane Chapter ---PAGE BREAK--- Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Page 7 of 7 Voted unanimously (7-0) to recommend approval with the added condition that staff would look at reasonable options for a narrower (new) street or lane versus none at all. ZT-24-010 Building Height Limitations; Exceptions, Chapter Voted unanimously (7-0) to recommend approval as proposed. 1. Draft of proposed Building Heights Chapter 2. Draft of proposed Lots and Buildings on Private Lane or Street Chapter 3. Draft of proposed Affordable Housing Chapter 4. Draft of proposed Required Studies Chapter 5. Draft of the Planning Commission meeting minutes. 6. Community Council recommendation letters. 7. Link to Current Supplementary Regulations Chapter 8. Link to General Plan. See Moving Forward Chapter 4 (pg. 109) to review adopted moderate income housing strategies. 9. Zions Housing Report ---PAGE BREAK--- Page 1 of 7 Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] PLANNING COMMISSION STAFF REPORT To: Planning Commission Meeting Date: July 17th, 2024 RE: Amendments to the Supplementary Regulations Chapter as part of the zoning code update. File: ZT-24-010 (Building Height) ZT-24-011 (Lots and Building on Private Street or Lane) ZT-24-012 (Affordable Housing) NEW ZT-24-013 (Required Studies and Plans) NEW Applicant: City, Robert May, Long Range Planning Manager SCOPE The city planning and zoning department is undertaking a comprehensive amendment of the Supplementary Regulations Chapter 19.76 of the zoning ordinance. These amendments aim to address planning challenges, entice moderate income housing, and establish clear guidelines for development projects. With the exception of the following four sections below that deal with development on private right of way and building height, the other sections of the Supplementary Regulations Chapter will remain the same but relocated to more applicable areas of the municipal code. 19.76.080 Lots And Buildings On Private Rights-Of-Way 19.76.170 Height Limitations; Buildings Less Than One Story 19.76.190 Height Limitations; Exceptions 19.76.200 Additional Height Allowed When The primary focus of these amendments is to consolidate building height limitations/exceptions and definition of Building Height¹, clarify regulations concerning Lots and Buildings on a Private Right of Way, and introduce two new chapters: Affordable Housing and Required Studies and Plans. The final outcome of the proposed amendments will consist of the following chapters, each with a separate file number: 1. ZT-24-010 (Building Height) 2. ZT-24-011 (Lots and Building on Private Street or Lane) 3. ZT-24-012 (Affordable Housing) 4. ZT-24-013 (Required Studies and Plans) ¹Definition of Building Height is more accurately labeled as “Building, Height Of” in the Definitions Chapter 19.04. ---PAGE BREAK--- Page 2 of 7 Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Staff is requesting that the planning commission review and make a recommendation to the City Council for each of the proposed chapters. SUMMARY OF PROPOSED AMENDMENTS ZT-24-010 Building Height Proposed Changes. 1. Consolidates the Height Limitations/Exceptions sections with the “Height of Building” definition. 2. Clarification added to definition of Building Height for when original grade is not readily apparent. 3. Revised the non-residential use projections to be consistent with the City Center Overlay Zone. 4. Updated template changes integrating with other updated codes. 5. An improved illustration clarifying where original grade is measured. Staff Objective and Findings The staff’s goal of the proposed Building Heights chapter is to condense the regulations governing how Millcreek regulates building heights into one chapter. Changes include adding criteria for determining when original grade is not readily apparent and updating the height exceptions language. By establishing predetermined criteria, the burden placed on the planning department is removed. Revising the height exceptions ensures consistency with the code and includes a maximum height cap. While mostly a housekeeping attempt, staff finds that the proposed Building Height chapter aligns with staff’s commitment to the public by providing clear and concise ordinances. ZT-24-011 Lots and Building on Private Street or Lane Proposed Changes. 1. Exchanged “Right of Way” with “Street or Lane.” 2. A table distinguishing between existing and new private streets or lane requirements. 3. Exchanges minimum lot area of one- half acre to the minimum area of the zone and included standards for when certain requirements must be met. 4. Updated template changes integrating with other updated codes. ---PAGE BREAK--- Page 3 of 7 Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Staff Objectives and Findings The current language governing lots and buildings on a private right of way is outdated (from 1953), poorly written, and no longer functions accurately given the current lot characteristics. Millcreek has a fair amount of existing private streets or lanes that are substandard to today’s private street or lane standards. Existing language is confusing and outdated and does not align with adopted private road standards or lot characteristics. Staff finds the proposed draft of the Lots and Buildings on a Private Right of Way Street or Lane modifies the requirements for existing private streets or lanes and introduces more modern and updated requirements for new private streets and lanes. The amendments will define clear standards for existing and new development, while ensuring safe and adequate access for emergency services and residents. ZT-24-012 Affordable Housing Proposed Changes. 1. A distinct chapter specifically addressing affordable housing incentives. 2. Geared to be attractive to different development types and AMI targets. 3. Includes specific limitations and restrictions for each incentive. 4. Preserves viable commercial intersections. 5. Integrated to be consistent with other updated templates and current code requirements. Staff Objectives and Findings The Affordable Housing Chapter is geared towards increasing the supply of affordable housing in Millcreek. The primary method is by incentivizing developers through density bonuses, increased elevation, streamlined permitting processes, etc. While Millcreek has continually been committed to promoting affordable housing development, a large driver propelling the proposed Affordable Housing Chapter is due to satisfying the states moderate income housing requirements. Baked into Millcreek’s moderate income housing plan are adopted strategies designed to increase the supply of affordable housing units. Each adopted strategy has specific implementation actions and benchmarks in which the city must meet, or at minimum demonstrate the city’s progression on a yearly basis through its mandated moderate income housing report. Staff finds that the proposed Affordable Housing chapter supports Millcreek’s efforts in implementing the adopted MIH strategies. Staff finds that the proposed Affordable Housing chapter is a sound attempt at attracting moderate income housing, including deeply affordable housing. ---PAGE BREAK--- Page 4 of 7 Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-24-013 Required Studies Proposed Changes. 1. A new chapter specifically aimed at strengthening when the city can require a study or plan. 2. Includes a comprehensive table that outlines the description of study/plan, when the study/plan is required, and the scale and boundaries for which the study/plan should include. 3. More formally, supports the city’s ability to ensure that development projects are thoroughly evaluated for their impact on the community and environment. 4. Integrated to be consistent with other updated templates and current code requirements. Staff Objectives and Findings Ensures that larger scale development projects are thoroughly evaluated for their impact on the community and environment. Helps promote informed decision-making targeted at minimizing any detrimental impacts. Staff finds that the proposed Required Studies chapter will help reduce detrimental impacts on the surrounding community by ensuring that potential impacts are assessed and mitigated. Larger scale developments can place substantial demands on local infrastructure and services, such as roads, schools, and emergency services. Staff finds that by requiring a professional study or plan can help staff evaluate the capacity of existing infrastructure and services to accommodate the new development, identify necessary upgrades, and propose measures to ensure that the development is sustainable and beneficial to the community without overburdening existing resources. STAFF FINDINGS (per ordinance) ZT-24-010 Building Height. Staff finds that the proposed Building Height chapter aligns with staff’s commitment to the public by providing clear and concise language. ZT-24-011 Lots and Buildings on Private Street or Lane. Staff finds the proposed draft of the Lots and Buildings on a Private Right of Way Street or Lane modifies the requirements for existing private streets or lanes and introduces more modern and updated requirements for new private streets and lanes. The amendments will define clear standards for existing and new development, while ensuring safe and adequate access for emergency services and residents. ---PAGE BREAK--- Page 5 of 7 Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-24-012 Affordable Housing. Staff finds that the proposed Affordable Housing chapter supports Millcreek’s efforts in implementing the adopted MIH strategies. Staff finds that the proposed Affordable Housing chapter is a sound attempt at attracting moderate income housing, including deeply affordable housing. ZT-24-013 Required Studies. Staff finds that the proposed Required Studies chapter will help reduce detrimental impacts on the surrounding community by ensuring that potential impacts are assessed and mitigated. Larger scale developments can place substantial demands on local infrastructure and services, such as roads, schools, and emergency services. Staff finds that by requiring a professional study or plan can help staff evaluate the capacity of existing infrastructure and services to accommodate the new development, identify necessary upgrades, and propose measures to ensure that the development is sustainable and beneficial to the community without overburdening existing resources. COMMUNITY COUNCIL RECOMMENDATION Mount Olympus Community Council ZT-24-012 Affordable Housing Chapter The Mount Olympus Community Council voted unanimously (6-0) to recommend approval of the affordable housing ordinance, as presented, with these major exceptions: 1. The proposed 100’ maximum height incentive for buildings to be used for affordable housing should be limited to the following zones: a. Mixed Development (MD) zone – note: the current maximum height is currently 72’ with the option for greater height, subject to a conditional use application, for all allowed uses. b. Light Manufacturing zone – note: the current maximum height is already 100’ for all allowed uses. c. Commercial zones, but only within ¼ mile of a transit station. Other than this one exception, it is inappropriate to allow structures up to 100’ in height in any commercial zone. ZT-24-013 Required Studies Chapter The Mount Olympus Community Council voted unanimously (6-0) to recommend approval as proposed. ZT-24-001 Lots and Buildings on a Private Street or Lane Chapter The Mount Olympus Community Council voted unanimously (6-0) to recommend approval as proposed. ZT-24-010 Building Height Limitations; Exceptions, Chapter The Mount Olympus Community Council voted unanimously (6-0) to recommend approval as proposed. ---PAGE BREAK--- Page 6 of 7 Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Millcreek Community Council ZT-24-012 Affordable Housing Chapter The Millcreek Community Council voted (7-1) to recommend approval with the condition that the affordable housing chapter be reviewed and amended as better data reveals itself. While MCC members agreed that the proposed Affordable Housing chapter was crucial in satisfying the state mandated implementation actions regarding the moderate-income housing adopted strategies, members expressed the following concerns: 1. Staff’s proposed incentives were disproportionate and only incentivized affordable housing on the west side. Some members are concerned that all the new density is being targeted in their district. 2. Data from the Zions Housing Report. Some council members expressed concern about the data, specifically data showing deficit of housing units targeted at deeply affordable housing 30% AMI. 3. Some community council members expressed concern that incentives were largely aimed at incentivizing moderate income housing at %50 AMI+ and not nearly enough towards deeply affordable housing at 30% AMI. Staff and Community Council members discussed in great depth what the proposed Affordable Housing chapter could achieve and what it may not. The majority of the members expressed a desire that incentives should lean towards attracting deeply affordable housing at 30% AMI, which is identified in the Zions Housing Report as being the largest deficit of housing units. MCC members would also like to explore other potential incentives such as additional density when adjacent to a park or other civic infrastructure. Staff noted that the proposed draft was largely created to satisfy the state mandated requirements for increasing moderate income housing units but was also geared the incentives towards the types of affordable housing applications it mostly receives. The largest and fastest was to increase affordable housing units is to incentivize development where it can make the most impact. Staff added that affordable housing developers are aiming their projects in areas that allow the most density and are within close proximity to transit station, which are located in the west portion of the city. ZT-24-013 Required Studies Chapter The Millcreek Community Council voted (8-0) to recommend approval as proposed. ZT-24-001 Lots and Buildings on a Private Street or Lane Chapter The Millcreek Community Council voted (8-1) to recommend approval as proposed. One member abstained from vote due to not reviewing the draft. ZT-24-010 Building Height Limitations; Exceptions, Chapter The Millcreek Community Council voted unanimously (9-0) to recommend approval as proposed. ---PAGE BREAK--- Page 7 of 7 Millcreek City Hall 1330 East Chambers Avenue Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Canyon Rim Citizens Association The Canyon Rim Citizens Association did not meet for their regularly scheduled July meeting due to the Fourth of July Holiday. Staff sent copies of the proposed text amendments to each member and asked kindly to submit their responses individually or collectively. Only one individual response was received. It expressed that they had reviewed all the proposed code changes, do not have any additional comments, and would recommend the adoption of each change. East Mill Creek Community Council The East Millcreek Community Council did not meet for their regularly scheduled July meeting due to the Fourth of July Holiday. In exchange, they plan to hold their July meeting on the 11th. Staff will include their recommendation and meeting discussion at the Planning Commission meeting On July 17th. ATTACHMENTS 1. Draft of proposed Building Heights Chapter 2. Draft of proposed Lots and Buildings on Private Lane or Street Chapter 3. Draft of proposed Affordable Housing Chapter 4. Draft of proposed Required Studies Chapter 5. Link to Current Supplementary Regulations Chapter 6. Link to General Plan. See Moving Forward Chapter 4 (pg. 109) to review adopted moderate income housing strategies. 7. Zions Housing Report ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.72 Building Height v1 1 18.72 Building Height 18.72.010 Purpose. A. The purpose of this Chapter is to determine how building height is measured and how it is applied. 18.72.020 Applicability. A. This Chapter is applicable to all zones throughout Millcreek. 18.72.030 Measurement of Building Height A. The height of a building is measured as the vertical distance above the lowest original grade at any point on the perimeter of the building to the highest point. B. The highest point includes the coping of a flat roof, or to the deck line of a mansard roof, or to the highest point of pitched or hipped roofs, or gambrel roofs. C. Buildings may be stepped to accommodate the slope of the terrain provided that each step shall be at least twelve feet in horizontal dimension. The height of each stepped building segment shall be measured as required in subsection A. Figure 18.85.031 Measurement of Height ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.72 Building Height v1 2 D. The original grade is the elevation of the ground surface in its natural state before any human-caused alterations including but not limited to grading, excavation or filling, excluding improvements required by zoning or subdivision ordinances. When the elevation of the original ground surface is not readily apparent, the Planning Director shall determine the elevation of original grade using one of the following methods: 1. The original grade established related to the most recent building permit activity on the property. 2. Referencing original grade where the developed area appears to meet the undeveloped portions of the land. The estimated grade shall tie into the elevation and slopes of adjoining properties without creating a need for new retaining wall, abrupt differences in the visual slope and elevation of the land or redirecting the flow of runoff water. 18.72.040 Non-Residential Use Projections A. For non-residential uses, roof structures for the housing of elevators, stairways, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, shade structures (awnings, fabric roof coverings, wood and metal open frame structures, etc.), towers (where required by City ordinances), flagpoles, chimneys, stealth wireless or television installations, theater lofts, solar panels, may be erected above the height limits prescribed in this chapter, but no space above the height limit shall be allowed for the purpose of providing additional habitable floor space. No such structures except towers and solar panels, may be located closer than 10 feet to edge of the building. The maximum increase in height for the above features shall not be greater than14 feet. B. Public or semipublic utility buildings, when authorized in a zone, may be erected to a height not exceeding forty (40) feet if the building is set back from each otherwise established building line at least one foot for each additional foot of building height above the normal height limit required for the zone in which the building is erected. ---PAGE BREAK--- Millcreek Together Code Update I Supplementary Regulations I 4-15-24 1 18.XX Lots and Buildings On Private Street or Lane A. Purpose. The requirements as set forth in this chapter shall determine the minimum development regulations for lots and buildings on existing and new private street or lane. Private streets or lanes existing prior to the adoption of this code shall otherwise be determined as an existing private street or lane and subject to the requirements of this chapter. B. Minimum Requirements. 1. Existing Private Street or Lane; a. Pavement Width. Minimum pavement width shall be twenty (20) feet b. Lot Size Requirement. Any lot fronting on a private street or lane shall be a minimum area of one-half acre. c. Building Setback. The minimum setback from the center of the private street or lane to the front line of any building shall be 50 feet. 2. New Private Street or Lane; a. Pavement Width. Minimum pavement width shall be twenty-five (25) feet. b. Lot Size Requirement. Any lot or parcel fronting on a private street or lane must meet minimum lot width and area requirements of the zone. c. Building Setback. The minimum setback from the center of the private street or lane to the front line of any building shall be 50 feet. C. Required Improvements. 1. Any development on a new or existing private street requires the following improvements as determined by the Public Works Department. a. Curb b. Gutter c. Sidewalk (minimum one sidewalk extending the length of private street or lane connecting to a public right-of-way. 2. Any development on a new or existing private street requires improvements as determined by the Public Works Department. ---PAGE BREAK--- Millcreek Together Code Update I Supplementary Regulations I 4-15-24 2 Table 18.XX.XX Lots and Building on Private Street or Lane Table 18.XX.XX Lots and Buildings on Private Street or Lane Minimum lane or Street Pavement Width Minimum Lot Size Building Setback Required Improvements Exception Existing Private Lane or Street 2 Lanes / 20 ft. Minimum required of zone Minimum 50 ft. from center of street or lane Varies upon approval / curb and gutter/ sidewalk May be reduced by permit from the Land Use Hearing Officer New Private Lane or Street 2 Lanes / 25 ft. Minimum required of zone Minimum 50 ft. from center of street or lane Varies upon approval / curb and gutter/ sidewalk N/A D. Exceptions. 1. A reduction in the above requirements may be permitted by the land use hearing officer for an existing private street or lane only. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v2 1 18.88 Affordable Housing 18.88.10 Purpose. A. The purpose of this Chapter is to determine how affordable housing incentives are applied and are intended to encourage the development of affordable housing. The provisions within this section are intended to facilitate the construction of affordable housing by allowing more inclusive development than would otherwise be permitted in the base zoning districts. Housing constructed using the incentives is intended to be compatible in form with the neighborhood and provide safe and comfortable places to live and play. 18.88.20 Applicability. A. This Chapter is applicable to all zones where residential development is allowed throughout Millcreek. B. For the purposes of this chapter, qualifying affordable income housing development must provide affordable housing to a specific target population with a household income less than or equal to 80 percent of Salt Lake County’s area median income (AMI) for a time period of at least 30 years, and must be the recipient of a low-income housing tax credit or other public funding. C. For the purposes of this chapter, a Deed Restriction Agreement is a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land to ensure that the affordability of the development is preserved in perpetuity. OR “Deed restrictions are recorded covenants against a property that “run with the land,” remaining in effect upon repeated sale or transfer”. 18.88.30 Affordable Housing Income Types and Scale A. Affordable Income Housing Types 1. "Very Low-income housing" means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 30% of the median gross income for households of the same size in the county in which the housing is located. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v2 2 2. "Low-income housing" means housing occupied or reserved for occupancy by households with a gross household income between 30% - 50% of the median gross income for households of the same size in the county in which the housing is located. 3. "Moderate income housing" means housing occupied or reserved for occupancy by households with a gross household income between 50% - 80% of the median gross income for households of the same size in the county in which the housing is located. B. Affordable Housing Scale Type 1. Completely Affordable. Complete means 100% of the units are deemed qualifying affordable income housing. 2. Mixed Affordable. Mixed means at least 25% of the units are deemed qualifying affordable income housing. 18.88.40 Incentive Types for Qualifying Affordable Housing Developments A. Incentive Types for Qualifying Affordable Housing Developments Table. Table 18.88.40 Incentive Types Table 18.88.40 Incentive Types Incentive Description Limitations and Restrictions Density Bonus Allowance for increased number of residential units a. Does not apply in any A-1 Zone, R-1-6 Zone, R-1-8 Zone, R-1- 10 Zone, and R-1-21 Zones. b. c. An increase in density of 50% for Completely Affordable developments deemed Very Low/ Low Income Housing. An increase in density of 25% for Mixed Affordable developments deemed Moderate Income Housing. d. A maximum increase in density of 25% for Mixed/ Completely Affordable developments deemed Moderate Income Housing. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v2 3 Increased Building Elevation Allowance for increased building elevation a. Developments located in the R-4, RM, A-1, R-1-3, R-1-4, R-1-5 and R-2 Zones, a maximum increase of building height up to 10 feet for Completely or Mixed Affordable developments deemed Moderate Income Housing. b. Developments located in the MD or C Zones, a maximum increase of building height to 100 feet for Completely Affordable developments deemed Moderate Income Housing when within ½ mile from a transit station. Open Space Reduction Allowance for an open space reduction a. Does not apply in A-1, R-1, and R-2 Zones. b. Developments located in the MD or C Zones, a reduction of required open space up to 20% for Completely Affordable developments deemed Moderate Income Housing. c. Developments located in the R-4 or RM Zones, a reduction of required open space up to 10% for Completely/Mixed Affordable developments deemed Moderate Income Housing. Ground floor commercial requirements waived Waiving of ground-floor commercial requirements where Mixed- Use developments are required a. Does not apply to developments located within 300 feet of a major intersection. b. Developments located in the R-4, MD, or C Zones; ground floor commercial is waived 100% for Completely Affordable developments deemed Moderate Income Housing. c. Developments located in the R-4, MD, or C Zones; ground floor commercial is reduced by 50% for Mixed Affordable developments deemed Moderate Income Housing. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v2 4 B. Incentive Type Table Notes. 1. Additional units due to the increase in density shall meet all off-street parking requirements unless the development meets #2 of the Incentive Type Table Notes. 2. For developments located within ½ mile of a transit station or within the boundaries of a village center per the Millcreek General Plan, any parking required per the Chapter 19.80 Parking and Mobility Requirements due to additional density accumulated may be reduced by 15%. 3. All developments utilizing any incentive type within this chapter shall be secured by a Deed Restriction Agreement and shall be imposed on each parcel of real property designated within development boundaries. Development Fee Waiver The waiving of development fees includes application fees, building permit fees, bonding fees, and impact fees. a. 100% of development fees are waived for Completely Affordable developments deemed Low/Very Low-income Housing. b. c. 50% of development fees are waived for Completely Affordable developments deemed Moderate Income Housing. 75% of development fees are waived for Mixed Affordable developments where 25% of units are deemed Very Low/ Low Income Housing. Streamlined Application Process Accelerated review process a. Completely Affordable and Mixed Affordable developments located in the RM, MD or C Zones deemed Very Low. Low-, and Moderate-Income Housing are a permitted use, Parking Reduction Allowance for a reduction in the minimum parking requirements See MKZ Chapter 18.XX.XX ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v2 5 18.88.50 General Standards of Applicability A. The use and development of Affordable Housing is also subject to other applicable chapters in the zoning ordinance, including all health codes, building codes, and engineering standards, etc. B. Standards in other chapters may apply. In the event there is language elsewhere in MKZ 18 that conflicts with language in this chapter, the more restrictive standard prevails. C. All developments that utilize and benefit from one or more of the incentive types located in Section 18.88.40 Incentive Types for Qualifying Affordable Housing Developments of this Chapter shall participate in a Deed Restriction Agreement that is placed on the property where such development utilizing incentive by the city. 1. Deed restriction agreement shall be recorded to the subject property at the Salt Lake County Recorder’s Office prior to city approval or certificate of occupancy, whichever comes first. 2. Deed Restriction Agreements shall not terminate for a period of no less than thirty years. (The section below will be moved into the procedures chapter) Affordable Housing Approval Process and Procedures. A. All requirements of this title shall apply. B. Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a zoning incentives application and provide the following information: 1. The applicant' s name, address, telephone number and interest in the property to which the incentives shall apply. 2. The owner' s name, address, and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application. 3. The street address, tax parcel number and legal description of the subject property. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.88 Affordable Housing v2 6 4. The zoning classification, zoning district boundaries and present use of the subject property. 5. A site plan illustrating the location of all proposed buildings and structures, accessory, and principal, showing the number of stories and height, dwelling type, if applicable, major elevations and the total square footage of the floor area by proposed use and any additional information required for site plan review set forth in 19.02.080 (Site Plans And Building Elevations Required; Contents). 6. The total number of dwelling units in the project, the number of affordable units, the number of bedrooms in the affordable units, the location of the affordable units, and level of affordability; and 7. Any additional information required by the Planning Director to demonstrate compliance with the requirements of this chapter, as applicable. C. Following the submittal of a complete zoning incentives application, the applicant shall submit the required application and documentation needed to schedule a development review team (DRT) meeting. All requirements and conditions established from the (DRT) shall be completed by the applicant prior to obtaining preliminary approval. D. Preliminary approval shall authorize the preparation, filing and processing of applications for any permits or approval that may be required by the city, including, but not limited to, a building permit. No permits shall be issued until final approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a period of one year. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.XX Required Studies and Plans v1 1 18.XX Required Studies and Plans 18.XX. XX Purpose A. This chapter establishes requirements for professional studies to be conducted as part of the application process for land use permits. This chapter establishes a rigorous framework for evaluating and mitigating potential negative impacts of land use developments through comprehensive professional studies. For the purposes of this chapter, the term “Studies” or “Study” shall also mean other professional documentation required such as but not limited to reports, analysis, plans, and surveys. 18.XX. XX Applicability A. This chapter applies to proposed developments seeking a building permit or land use approval where the potential for negative impacts increases. Required Studies are listed more specifically in subsection 18.XX.XX Study Types and shall be submitted with land use application. 18.XX. XX Study and Plan Requirements A. Study Preparation. Each study shall be prepared by a qualified professional in the respective field, licensed or certified as appropriate by state or professional standards. Studies shall be based on methodologies recognized by professional organizations and industry standards approved by the city. B. Commission of Study. At applicant's expense, the City shall commission the applicable study from a pool of licensed professional engineers, architects, and surveyors. The applicant shall pay the fee for the study prior to the commencement of the study. The City shall not begin the commencement of the study until the estimated fee is paid in full. C. Scope of Study. The scope of the study, including the analysis methodology needed to accurately analyze negative impacts and to propose recommended mitigation measures, shall be determined by the qualified professional performing the study and approved by the City. The Planning Director may modify the scope of the study if determined to be in the best interest of the City. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.XX Required Studies and Plans v1 2 D. Submission Requirements. Applicant shall submit a pdf copy of the study or plan with the required land use application. 18.XX. XX Study Types (Description, When Required, and Scope Boundaries) A. Traffic Impact Study. 1. Description a. A traffic impact study is a, but not limited to, detailed analysis of existing and anticipated traffic impacts generated by the proposed development, including but not limited to vehicular, pedestrian, cyclist movements, and drive through stacking. 2. Required When a. Proposed developments that generate fifty (50) or more added (new) peak hour two-way trips to or from the site during the adjacent roadway’s peak hours or the development’s peak hours. b. Proposed developments that include a drive-through c. Proposed developments where current traffic problems or concerns in the local area such as an offset intersection, a high number of traffic accidents, etc. exist. (City’s discretion) d. Proposed developments in a sensitive area where the adjacent neighborhoods or public in general may perceive an adverse impact. (City’s discretion) e. Proposed developments where site specific problems or concerns that may be aggravated by the proposed development (City’s discretion) 3. Scope Boundaries a. All proposed developments that generate fewer than 200 trips during any peak hour shall have a study parameter of 1,000 feet measured from proposed access drive(s). Does not include proposed developments with a drive-through located on less than 1/2 acre. b. All proposed developments that include a drive-through shall have a study parameter of 660 feet measured from proposed access drive(s). c. All proposed developments that generate between 200-500 trips during any peak hour shall have a study parameter of 1/2 mile measured from proposed access drive(s). d. All proposed developments that generate more than 500 trips during any peak hour shall have a study parameter of 1 mile measured from proposed access drive(s). ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.XX Required Studies and Plans v1 3 B. Trip Generation Study 1. Description a. A description of the project and a calculation of the anticipated trips generated including distribution and assignment. 2. Required When a. All proposed developments that generate fewer than 25 trips during any peak hour. b. Proposed developments that include a drive-through. 3. Scope Boundaries a. All proposed developments that generate fewer than 25 trips during any peak hour shall have a study parameter of 660 feet measured from proposed access drive(s). C. Shade Study 1. Description a. A study to evaluate the movement of the sun across a site and understand how shadows cast by nearby buildings, trees, or other objects will impact solar access and natural lighting. 2. Required When a. Any proposed development requesting an increase in height and or massing that exceeds the minimum height and spatial requirements of the Millcreek Zoning Code. b. City's discretion. 3. Scope Boundaries a. Entire scope of development, including all affected properties. D. Photometric Study 1. Description a. A photometric study is a digital simulation of how light from a fixture will spread out in a space. It's a key step in the lighting design process for many construction sites, including offices, restaurants, and shopping centers. 2. Required When a. All proposed developments in the C-2 and C-3 Zones with interior street lights. b. All proposed developments in the IF Zone with interior street lights. c. All proposed commercial or manufacturing developments adjacent to a residential use or zone. 3. Scope Boundaries a. Entire scope of development including adjacent streets. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.XX Required Studies and Plans v1 4 E. Parking and Mobility Study 1. Description a. Study to provide recommendations for new parking requirements for selected land uses associated with new development. Typically based on ITE standards, local parking counts, and proximity to existing and future transit. 2. Required When a. Proposed developments with unlisted uses. b. Proposed Shared Parking. c. Valet Parking Program. d. Any development application requesting a reduction in the minimum parking requirements listed in MKZ 19.80 3. Scope Boundaries a. Entire scope of development. b. Subject to all requirements located in MKZ Chapter 19.80. F. Sign Illuminance Study 1. Description a. A study that establishes illumination levels projected from illuminated signs and analyzes light trespass and glare impacts from sign lighting. The study includes an existing site analysis measuring light trespass and glare at all property boundaries of the site location. 2. Required When a. All proposed illuminated signs. 3. Scope Boundaries a. For property lines that abut public walkways, bikeways, plazas and parking lots, the property line may be considered to be 5 feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut public roadways and public transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of determining compliance with this section. G. Noise Study 1. Description a. A study that assesses the impact of all existing noise sources on residential development, including industrial or commercial stationary sources, transportation noise sources, and new noise sources from the proposed development. 2. Required When ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.XX Required Studies and Plans v1 5 a. Any zone map amendment or change of use where a commercial or industrial use is being proposed adjacent to a residential use or zone. b. City's Discretion. 3. Scope Boundaries a. Entire scope of development. Not to exceed minimum Salt Lake County Health Department standards for residential developments. 18.XX. XX Plan Types Plan Types: Description, Required When, and Minimum Plan Requirement A. Circulation and Access Plan 1. Description a. A Circulation and Access Plan is to identify a proposed project's potential traffic conflicts generated by proposed access points and vehicular, pedestrian, and bicycle routes. The circulation plan shall show adjacent roads, access points, primary travel routes, drop off and pick up areas, stacking and queuing areas, connections with adjacent properties, and pedestrian and bicycle routes 2. Required When a. All proposed developments that includes the use of a drive-through, car wash, or vehicle bay. b. Projects that require a traffic study per subsection A of this Chapter. c. Projects that include proposed private streets in residential areas. d. City discretion. 3. Minimum Plan Requirements a. The Circulation and Access Plan shall show adjacent roads, access points, primary travel routes, drop off and pick up areas, stacking and queuing areas, connections with adjacent properties, and pedestrian and bicycle routes. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.XX Required Studies and Plans v1 6 B. Operations Plan 1. Description a. An Operations Plan is to identify the potential sound, vibration, light, glare, odor, crime, hazardous materials, fire, and environmental impacts generated by a use or project based on the operational nature, scale, or practices of an establishment. 2. Required When a. All proposed developments listed as a conditional use. b. City discretion 3. Minimum Plan Requirements a. The Operations Plan shall include the following information, if applicable: date of commencement of operations; proposed hours and days of operation; a general description of the operation; a projection of the number of persons on site employees and customers); types of accessory uses anticipated; hazardous materials to be used or produced on site; and all other relevant information to describe the nature, scale, practices of the establishment. C. Rehabilitation and Containment Plan 1. Description a. A Rehabilitation and Containment Plan shall be prepared by a qualified expert documenting hazardous materials to be stored, used, or produced in significant quantities and the policies and practices to prevent and contain the accidental or inappropriate discharge of those materials. The plan shall demonstrate that the proposed use will comply with all State and Federal requirements and that the public and the environment will be protected from hazardous conditions. 2. Required When a. All proposed developments listed as a conditional use. b. All proposed developments that involve significant quantities of hazardous materials. c. City discretion. 3. Minimum Plan Requirements a. The plan shall demonstrate that the proposed use will comply with all State and Federal requirements and that the public and the environment will be protected from hazardous conditions b. A rehabilitation plan shall also include actions that will be taken upon cessation of activities or uses involving potentially hazardous materials to ensure that the site is free from hazardous materials for future activities or uses. 18.XX.XX General Standards of Applicability ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.XX Required Studies and Plans v1 7 A. Standards in other chapters may apply. In the event the regulations of this chapter conflict with other regulations of this Title, the more restrictive regulations shall apply.