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EASTERN SUMMIT COUNTY GENERAL PLAN AMENDED AUGUST 13, 2013 ---PAGE BREAK--- CHAPTER TABLE OF CONTENTS PAGE 1 Mission Statement & Vision 1 2 Land Use 2 3 Infrastructure and Transportation 4 4 Economic Diversity / Development 5 5 Natural Resources / Environmental Quality 6 6 Municipal Coordination and Cooperation 7 7 Moderate Income Housing 8 8 Community Planning Process 9 Resources 10 ---PAGE BREAK--- 1 Chapter 1 – Mission Statement and Vision MISSION STATEMENT To enhance the quality of life in Eastern Summit County through responsible growth that fosters stewardship of the land and natural resources while balancing private property rights and respecting our rural and agricultural foundation. VISION FOR EASTERN SUMMIT COUNTY Eastern Summit County is shaped by a unique mix of rural agriculture, scenic landscape, natural resources, people, and economic trends. The way of life that has sustained Eastern Summit County in the past is evolving and changing. Farming, ranching, timber and mining, although still important, are no longer the primary activities. Growth is occurring; increasing population and the residential and commercial development that goes with it has created opportunities and challenges that include things such as water and sewer issues, traffic congestion, rural atmosphere, and incompatible uses. As population increases, there will be a need for improved infrastructure and services. There will also be a need for coordination between development in the municipalities and the unincorporated areas. With all of this change it is imperative that Eastern Summit County create a “road map” that will help guide land use and development, as well as help preserve the quality of life and maintain the unique Eastern Summit County identity. It is our challenge to understand the impacts of growth and make decisions to create the most positive outcome for the future. The goal of this General Plan is to provide an advisory guide to help direct decisions that will affect development, land use patterns, and lifestyles while maintaining the unique identity and rural atmosphere of Eastern Summit County. The goals and desired actions set forth in this document aim to achieve development that matches the available and/planned infrastructure, that permits historic and new land uses to coexist, and that maintains the open country and opportunities that have become the hallmark of Eastern Summit County living. The plan further seeks to set forth land use and administrative changes that create greater predictability and accountability in the development process. The Development Code and Zoning Maps will be used to implement this General Plan in a manner that minimizes inappropriate land uses, that prevents over extension of County services, that increases predictability in development, and that helps preserve or protect natural resources as well as scenic and environmentally sensitive areas. ---PAGE BREAK--- 2 Chapter 2 - Land Use 2.1 GOAL: Develop land use codes which balance the diversity of desires of Eastern Summit County residents, including private property rights. a. Work to ensure that new development is suitably located to minimize impacts to surrounding areas. b. Ensure that all new development has adequate resources and infrastructure to support the proposed intensity of use, and work to ensure that the infrastructure costs of new development are proportionally borne by the developer. c. Work to ensure that single-family residential development minimizes disturbance, and is clustered where appropriate. d. Encourage new agricultural and residential development that is consistent with the immediate surrounding area. Large agriculture buildings and high-impact animal production operations should not be placed in residential areas; consider the development of a residential zone and other zones as appropriate to separate agricultural and residential uses in locations where higher density development may be appropriate. e. Identify existing land uses, land use patterns, agricultural lands, environmental constraints, and other factors as appropriate to aid in land use decisions. f. Develop provisions in the Development Code that will allow simple, single lot, land divisions while controlling larger subdivision developments in a way that protects the property rights of the landowners as well as the surrounding neighbors. g. Enact ordinances, resolutions, codes and other forms of land use controls to reduce nuisances and land use incompatibilities. h. Create, modify, and maintain appropriate zone districts to accommodate a variety of uses while recognizing and respecting existing land use patterns. i. Create appropriate and predictable development procedures in the Development Code to ensure that all land use and development is adequately reviewed and determined to be consistent with the goals of this Plan before any approvals are granted. j. Proactively forecast the impact of the existing development code and new amendments to understand their impact upon the future buildout of Eastern Summit County. 2.2 GOAL: Acknowledge the historic rural and agricultural character of Eastern Summit County. ---PAGE BREAK--- 3 a. Recognize agricultural operations as a significant and important use of the land. b. Consider those land use patterns and strategies that support and protect existing and future agricultural operations; support the development of tools and programs to allow the preservation of productive agricultural lands. Among others these may include agricultural preservation areas, plat notes and other methods to educate new residents of the agricultural nature of the area, cooperative agreements with landowners, and a program to transfer density from agriculturally productive lands. c. Implement “Agricultural Protection and Right to Farm” strategies, and require all non-agricultural activities to develop in a manner that is harmonious with nearby agricultural operations. d. Reevaluate and possibly amend the Development Code to streamline the process for designating and modifying Agricultural Protection / Preservation areas. e. Coordinate with the Eastern Summit County Agriculture and Open Space Committee (ESAP) and the affected municipalities in the acquisition of conservation easements and/or restrictions to preserve agricultural lands and open space. 2.3 GOAL: Coordinate with the Summit County Landmarks & Heritage Commission on the preservation of cultural resources and heritage. a. Provide for the revision of existing and development of new inventories of culturally significant structures, sites, and landmarks within Eastern Summit County. b. Consider development of a heritage preservation plan. c. Evaluate the need to adopt a local ordinance that would require, at a minimum, documentation prior to demolition or alteration of any structures, sites or landmarks identified in the heritage preservation inventory. If measures beyond documentation are implemented, consider development of funding sources and/or incentives for preservation. ---PAGE BREAK--- 4 Chapter 3 - Infrastructure / Transportation 3.1 GOAL: Establish level of service expectations that are compatible with the County’s ability to serve different areas of Eastern Summit County, especially the more remote areas. a. Educate existing and future residents regarding service and infrastructure expectations and limitations in Eastern Summit County. b. Provide a means by which existing and future residents understand the levels of service that will be provided by the County and other service providers in each zone district or geographic area of Eastern Summit County. c. Work with service providers to apply reasonable infrastructure guidelines to be utilized by the County during the development review process, and to forecast future infrastructure needs. d. Identify alternate locations for a future landfill and other appropriate County facilities. e. Nuclear waste storage facilities and transfer facilities, either wholly or partially within Eastern Summit County, are not appropriate. 3.2 GOAL: Create and implement transportation strategies to address current and future needs. a. Adopt the Eastern Summit County Transportation Master Plan, as amended, to continue to develop a transportation system that supports the goals of the Eastern Summit County General Plan. b. Investigate potential methods to bring existing Eastern Summit County roads up to County standards. c. Periodically review the Transportation Master Plan to ensure that the plans addresses the needs of residents including multiple modes of transportation, with focus on safety, infrastructure, and appropriate infrastructure size/width. d. Monitor the potential for public transit opportunities. ---PAGE BREAK--- 5 Chapter 4 - Economic Diversity / Development 4.1 GOAL: Support economic development and diversity to strengthen the economic base of Eastern Summit County, promote the social and economic well-being of the residents, and build community with a strong, diversified, year-round economy. a. Where appropriate, permit recreational opportunities that will enhance the quality of life in Eastern Summit County and provide economic development opportunities. b. Encourage businesses and activities to provide a range of jobs and opportunities, including those that pay a living wage that can support permanent resident households. c. Promote the development of small home based businesses or clean cottage type industries in the Development Code. d. Guide growth in a manner that promotes economic development and efficient use of services and permits economically beneficial use of land. e. Coordinate with economic development groups as appropriate. f. Investigate potential development strategies and possible locations for neighborhood commercial uses. ---PAGE BREAK--- 6 Chapter 5 - Natural Resources / Environmental Quality 5.1 GOAL: Develop codes and policies that promote proper stewardship of natural resources and address environmental issues of Eastern Summit County. a. Ensure that development occurs in a manner and location that protects natural resources, including but not limited to pollution prevention, erosion prevention, national forests, crucial wildlife habitat and corridors, agricultural lands, fisheries, water quality, wetlands, scenic view sheds, riparian areas, wildlife and clean air. b. Implement strategies to ensure that there is adequate quality and quantity of water for all new development, and require water conservation and quality plans. c. Preserve and create appropriate motorized and non-motorized trails and access to public land in conjunction with the municipalities and US Forest Service. The intention is not to require property owners who live adjacent to the National Forest to provide public access. d. Cooperate with State and Federal public land use agencies and other jurisdictions. e. Require long-term management plans for all designated open space areas. Pursue an aggressive weed control program that addresses noxious weeds. f. Consider the creation of a night-sky ordinance. g. Ensure that land is appropriately reclaimed and restored following the conclusion of disruptive activities. 5.2 GOAL: Implement measures designed to promote energy conservation and the development of renewable energy in Eastern Summit County. a. Encourage development of renewable resources as a substitute for oil, natural gas, and other limited energy supplies used for electricity generation, and to reduce consumption of these supplies. b. Work with appropriate public agencies to permit and approve development of alternative energy. c. Consider incentives to encourage green building practices such as LEED or certification and use of recycled materials. ---PAGE BREAK--- 7 Chapter 6 - Municipal Coordination and Cooperation 6.1 GOAL: Provide consistent communications and coordination with each municipality in Eastern Summit County to encourage all development, whether within the municipality or within the County, to be appropriately managed. a. Encourage cooperative land use planning efforts between Eastern Summit County and the municipalities. b. Improve communications between the municipalities and Eastern Summit County by implementing a communication plan. c. Encourage development within established annexation overlay areas to conform to the development standards of the declarant municipality as applicable. d. Establish policies that encourage growth within declared annexation overlay areas to maximize existing services and infrastructure. e. Work jointly with the municipalities to determine if appropriate locations and services are available for industry and business within or adjacent to those municipalities. ---PAGE BREAK--- 8 Chapter 7 - Moderate Income Housing 7.1 GOAL: Promote a mix of housing types and availability. a. Periodically review and update the Housing Needs Assessment (technical appendix) to ensure that housing needs are identified as they change over time. b. Consider mechanisms to provide a realistic opportunity to meet estimated housing needs within Eastern Summit County, including a variety of housing types and affordability. c. Consider incentives such as fee-waivers and density increases to encourage private sector development of moderate income housing. d. Encourage moderate income housing development close to existing services and infrastructure. e. Clarify the intention and development standards for seasonal dwelling units in the Development Code. f. Ensure that housing is affordable to households earning 80% of the median income for Eastern Summit County, not the median income as affected by the Snyderville Basin and Park City. g. Incorporate the definition of “Middle Income Housing” in the Development Code and other policy documents. h. Explore a Fee Deferral Program and/or other incentives for Deed-Restricted ADUs. i. Examine any potential programs or partnerships with the Mountainlands Association of Governments (MAG) for the creation of moderate-income housing opportunities. ---PAGE BREAK--- Chapter 7 Moderate Income Housing INTRODUCTION Rather than being monolithic, moderate-income housing is a multifaceted challenge for Summit County. It is tied closely to a variety of challenges including extremely high median housing costs; traffic congestion and legacy transportation issues; availability of sufficient local laborers; business challenges due to lack of access to labor; an increasingly non-diverse community; a shrinking number of full-time residents with long-term community and generational ties; increasing environmental degradation due to increasing development pressures; concerns about sustainability of air, land, and water natural resources; and the critical need to manage and limit rapid growth in a County that seeks to preserve open spaces, agricultural and cultural heritage (collectively, “Critical Concerns”). Accordingly, creating standards and strategies concerning moderate-income housing in this Chapter would be incomplete, ineffective, and potentially harmful to the vision and goals of this General Plan as well as the County Council’s vision, values, and strategic goals without carefully evaluating the impacts of any such standards and strategies on the Critical Concerns to determine if they will aggravate or mitigate and provide solutions to those Critical Concerns. All such standards and strategies and the Critical Concerns should continually be evaluated given the dynamic nature of growth in and on the borders of the County. The Summit County Manager, relevant staff as determined by the County Manager, and the County Council should regularly assess the County’s moderate-income housing needs and seek to articulate where such housing is most appropriate and for whom the need is greatest at any given moment always taking into careful consideration the Critical Concerns (“Moderate-Income Housing Assessment”). A priority of any such assessment should seek to identify if housing challenges are creating significant labor shortages in critical areas such a law enforcement, emergency medical services, education, doctors and nurses and other health care professionals, and local government workforce. In addition, the Moderate-Income Housing Assessment should examine the needs of long-term resident seniors seeking to age in place in the County as well as the County’s tourism industry’s workforce. With respect to tourism workforce, any strategies developed in this Chapter 7 should seek to require major employers to bear some of the burden of providing employees with housing opportunities as well as reasonable wages that consider the high housing costs in resort counties much like the difference in wages paid in rural Utah compared to San Francisco, California. External influences also need to be part of the Moderate-Income Housing Assessment, such as whether rentals are removing long-term housing from the available housing capacity with a result of hollowing out formerly well-established neighborhoods, particularly outside of resort cores. Such assessment should consider any moderate-income housing permitted, platted, commenced and/or built since the prior Moderate-Income Housing Assessment. Careful consideration of where to locate housing is a fundamental question the Moderate-Income ---PAGE BREAK--- 2 Housing Assessment needs to examine in each instance with a focus on the Critical Concerns. For example, building or incentivizing affordable housing in the Snyderville Basin for County workforce that work primarily in County offices in Coalville requires commuting, which the moderate-income housing plan should seek to reduce. In addition, approving a large ratio of market rate housing to obtain a smaller ratio of affordable housing exacerbates the dearth of affordable housing given the additional services and workers required to service the market rate housing, and should be avoided. The critical questions of each Moderate-Income Housing Assessment should include for whom, ideal location(s), transit and transportation access, trails access, and access to services to reduce commuting and car trips, as well an assessment of the state of each of the Critical Concerns. Those preparing the Moderate-Income Housing Assessment need to include specific metrics that are transparent, effective, and easy to understand that can be used to provide of positive or negative impacts that may be used by the County to adjust the goals and strategies contained in this Chapter 7. With respect to all analyses and changes to land use regulations contained in this Chapter 7, the County should carefully consider the positive and negative impacts on each of the Critical Concerns to make sure any such changes are likely to reduce deficits identified in the Moderate- Income Housing Assessment and do not result in unintended consequences that negatively impact the Critical Concerns. Moderate income housing is defined as: “Housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located.” However, given that the median gross income for the County is substantially higher than the national average, consideration should be given to requiring moderate-income housing that is targeted to lower median gross income depending upon the intended solutions sought as identified in the Moderate-Income Housing Assessment. GOAL: Provide moderate-income housing opportunities that address the moderate-income housing needs identified in the Moderate-Income Housing Assessment, as updated in accordance with the Introduction of this Chapter. Due to already aggressive market rate housing growth pressures, it is essential that moderate-income housing does not come as a trade-off for additional market rate housing that may ultimately increase the moderate- income housing deficit due to the additional impacts created by the market rate housing and coincident infrastructure, services, and other needs that generate requirements for additional workforce. The primary goal should be meaningful reductions in existing deficits identified in the Moderate-Income Housing Assessment. ---PAGE BREAK--- 3 7.1 GOAL: Promote a mix of housing types and availability. Policy 7.1.1: Periodically review and update the Housing Needs Assessment (technical appendix) to ensure that housing needs are identified as they change over time. Policy 7.1.2: Consider mechanisms to provide a realistic opportunity to meet estimated housing needs within Eastern Summit County, including a variety of housing types and affordability. Policy 7.1.3: Incorporate the definition of “Middle Income Housing” in the Development Code and other policy documents. Policy 7.1.4: Examine any potential programs or partnerships with the Mountainlands Association of Governments (MAG) for the creation of moderate-income housing opportunities. Policy 7.1.5: Encourage moderate income housing development close to existing services and infrastructure. Policy 7.1.6: Clarify the intention and development standards for seasonal dwelling units in the Development Code. GOAL 7.2: Consider incentives such as fee-waivers and increased density to encourage private sector development of moderate-income housing. Policy 7.2.1: Explore a Fee Deferral Program and/or other incentives for Deed- Restricted ADUs. Policy 7.2.2: Identify and utilize county general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the county for the construction or rehabilitation of moderate-income housing (Utah Code § 17-27a- 403(2)(b)ii(D)). Implementation 7.2.2a: Within two years of the approval of the Summit County Moderate Income Housing Plan by the State of Utah, the County Council should, amend the Development Code to make deed restricted moderate-income units eligible for waivers from Building and Planning Department application and permit fees. Ensure that the waivers apply only to moderate income units and not to market rate units and/or lots in a development containing moderate income units. ---PAGE BREAK--- 4 Implementation 7.2.2b: Annually review, and amend as necessary, the Summit County Transportation Impact Fee waiver for moderate income housing as set forth in Summit County Code, Title 9, Chapter 2C. GOAL 7.3: Ensure that housing is affordable to households earning 80% of the median income for Eastern Summit County, not the median income as affected by the Snyderville Basin and Park City. Policy 7.3.1: Staff has adopted this as part of the 5-year housing needs assessment, summit county shall include calculations based on median household income for Eastern Summit County in addition to Area Median Family Income for Summit County GOAL 7.4: Demonstrate implementation of any other program or strategy to address the housing needs of residents of the county who earn less than 80% of the area median income, including the dedication of a local funding source to moderate income housing or the adoption of a land use ordinance that requires 10% or more of new residential development in a residential zone be dedicated to moderate income housing (Utah Code § 17-27a- 403(2)(b)ii(W)). Policy 7.4.1: Create or allow for, or incentivize, development of moderate-income housing integrated within existing market rate housing development in Eastern Summit County. Implementation 7.4.1a: Within two years of the approval of the Summit County Moderate Income Housing Plan by the State of Utah, the County Council should, amend the Development Code to provide incentives for a developer who agrees to include moderate income housing units in a project. Incentives could include, but are not limited to, additional units as part of the Master Planned Development Deed Restricted Open Space Land Calculation Process, or as a negotiated component of the Village Overlay process. Goal 7.5 Create or allow for, and reduce regulations related to, internal and or detached accessory dwelling units in residential zones (Utah Code § 17-27a-403(2)(b)ii(E)). Policy 7.5.1: Ensure regulations related to internal or detached accessory dwelling units in residential units are reviewed and clarified to reduce barriers to development. Implementation 7.5.1a: Within two years of the approval of the Summit County Moderate Income Housing Plan by the State of Utah, amend the Development Code to reduce regulations related to accessory dwelling units. Implementation 7.5.2b: Within two years of the approval of the Summit County Moderate Income Housing Plan by the State of Utah, amend the Development ---PAGE BREAK--- 5 Code to make accessory dwelling units an allowed use in the AG-2.5, AG-5, AG- 10, AG-20, AG-40, AG-80, VO, and C zones. Implementation 7.5.2c: Within two years of the approval of the Summit County Moderate Income Housing Plan by the State of Utah, begin to track ADUs approved through the Summit County Building Department. Policy 7.5.2: Clarify accessory dwelling unit regulations to ensure that fee waivers, or other benefits apply only to deed-restricted long-term moderate-income housing units. Goal 7.6: Implement zoning incentives for moderate income units in new developments (Utah Code § 17-27a-403(2)(b)ii(J)). Policy 7.6.1: Utilize opportunities with the Village Overlay (VO) and Commercial to encourage the development of moderate-income housing. Implementation 7.6.1a: Within two years of the approval of the Summit County Moderate Income Housing Plan by the State of Utah, amend Development Code language in the Village Overlay (VO) and Commercial zones to incentivize the creation of moderate-income housing units. Incentives may include: increased building height expedited building permit reviews building and planning department fee waivers Implementation 7.6.2b: Within one year of the approval of the Summit County Moderate Income Housing Plan by the State of Utah, amend the Development Code to incentivize the creation of deed restricted affordable senior living communities for residents that are 55 years old or older. Goal 7.7: Demonstrate creation of, or participate participation in, a community land trust program for moderate income housing (Utah Code § 17- 27a-403(2)(b)ii(M)). Policy 7.7.1: Continue to provide support to local non-profit organizations in Summit County and explore new ways to participate in the development of moderate-income housing. Implementation 7.7.1a: Within two years of the approval of the Summit County Moderate Income Housing Plan by the State of Utah, study and implement the creation of a Summit County Housing Authority. Implementation 7.7.2b: Annually meet with local non-profit organizations who support the creation of and intend to ensure the long-term affordability of ---PAGE BREAK--- 6 moderate- income housing to establish on-going cooperation and coordination and to maintain public/private partnerships. Implementation 7.7.3c: Within one year of the approval of the Summit County Moderate Income Housing Plan by the State of Utah, establish a stakeholder committee comprised of local governments, community housing agencies, and residents to establish numerical goals and associated milestones to track and monitor progress of creating moderate income housing and to uncover shortfalls. ---PAGE BREAK--- 9 Chapter 8 – Community planning process 8.1 GOAL: Ensure that the Eastern Summit County General Plan is adaptable and balances the needs of property owners and residents. a. Provide for the regular review of the General Plan, to occur at a minimum once a calendar year. b. Work with residents and property owners to further understand their values and needs. Find new creative ways to solicit input and participation on the general plan, development code, and land use issues from the public at-large. c. Plan for orderly and logical growth by utilizing long and short-term studies to predict transportation and infrastructure requirements for the future including general plans for sewage, water, waste disposal, drainage, public utilities and other public services. Figure 1: Community Planning Process ---PAGE BREAK--- 10 Resources Maps: 1. 2013 - Zone Map 2. 2013 - Existing Land Uses (to be adopted at a later date) 3. 2013 - Municipality Annexation Declaration Areas Technical Appendices 1. 2012 - Affordable Housing Needs Assessment 2. 2013 - Eastern Summit County Transportation Master Plan