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Planning and Development Services 2001 S. State Street N3-600 • Salt Lake City, UT 84190-4050 Phone: (385) 468-6700 • Fax: (385) 468-6674 White City Planning Commission Public Meeting Agenda Tuesday, May 25, 2021 5:30 P.M. Pursuant to HB 5002 as codified in Utah Code Ann. § 52-4-207(4), Weston Millen has determined in his capacity as Chair of the White City Planning Commission that this meeting and/or public hearing will be held electronically without an anchor location given the ongoing Coronavirus disease 2019 (COVID-19) pandemic, which the Chair has determined to present a substantial risk to the health and safety of those who may be present at an anchor location. To participate in the meeting and to make public comments where indicated in the agenda, please use the below webinar instructions. Location Join meeting in WebEx Meeting number (access code): 961 841 420 https://slco.webex.com/join/wgurr Join meeting in WebEx (download available at https://www.webex.com/downloads.html for Windows, Android, and Apple devices) Tap to join from a mobile device (attendees only) +1-213-306-3065,,961841420## United States Toll (Los Angeles) +1-602-666-0783,,961841420## United States Toll (Phoenix) Join by phone +1-213-306-3065 United States Toll (Los Angeles) +1-602-666-0783 United States Toll (Phoenix) Access code: 961 841 420 Global call-in numbers Join from a video conferencing system or application Dial wgurr@slco.webex.com You can also dial 173.243.2.68 and enter your meeting number. Need help? Go to http://help.webex.com UPON REQUEST, WITH 5 WORKING DAYS NOTICE, REASONABLE ACCOMMODATIONS FOR QUALIFIED INDIVIDUALS MAY BE PROVIDED. PLEASE CONTACT WENDY GURR AT 385-468-6707. TTY USERS SHOULD CALL 711. The Planning Commission Public Meeting is a public forum where, depending on the agenda item, the Planning Commission may receive comment and recommendations from applicants, the public, applicable agencies and County staff regarding land use applications and other items on the Commission’s agenda. In addition, it is where the Planning Commission takes action on these items, which may include: approval, approval with conditions, denial, continuance or recommendation to other bodies as applicable. BUSINESS MEETING 1) Approval of the February 23, 2021 Planning Commission Meeting Minutes. (Motion/Voting) 2) Review the Draft General Plan and any associated materials of interest, provide feedback, May 25, 2021 AGENDA – WHITE CITY PC
and decide on next steps to progress the Plan towards adoption. The Draft General Plan is posted on the website here: https://wc-lrp-gslmsd.hub.arcgis.com/. Presenter: Kate Davies 3) Other Business Items (as needed). PUBLIC HEARING(S) OAM2021-000272 – Interior Accessory Dwelling Unit (IADU) Ordinance for recommendation to the White City Council regarding: Creation of ordinance that allows for and regulates IADUs in single-family detached dwellings. Presenter: Travis Hair (Motion/Voting) The Planning Commission will act on the proposed public hearing items after taking comments from the public during the public hearing. Public comments will be provided pursuant to the planning commission’s rules of conduct, which are attached to the back of this agenda. Public comments will be limited to three minutes per person. ADJOURN May 25, 2021 AGENDA – WHITE CITY PC
Rules of Conduct for Planning Commission Meetings PROCEDURE FOR PUBLIC COMMENT 1. Any person or entity may appear in person or be represented by an authorized agent at any meeting of the Commission. 2. Unless altered by the Chair, the order of the procedure on an application shall be: a. The supporting agency staff will introduce the application, including staff’s recommendations and a summary of pertinent written comments and reports concerning the application b. The applicant will be allowed up to 15 minutes to make their presentation. c. The Community Council representative can present their comments as applicable. d. Where applicable, persons in favor of, or not opposed to, the application will be invited to speak. e. Where applicable, persons opposing the application, in whole or in part will be invited to speak. f. Where applicable, the applicant will be allowed 5 minutes to provide concluding statements. g. Surrebutals may be allowed at the discretion of the Chair. CONDUCT FOR APPLICANTS AND THE PUBLIC 1. Speakers will be called to the podium by the Chair. 2. Each speaker, before talking, shall give his or her name and address. 3. All comments should be directed to the Commissioners, not to the staff or to members of the audience. 4. For items where there are several people wishing to speak, the Chair may impose a time limit, usually 3 minutes per person, or 5 minutes for a group spokesperson. If a time limit is imposed on any member or spokesperson of the public, then the same time limit is imposed on other members or spokespersons of the public, respectively. 5. Unless otherwise allowed by the Chair, no questions shall be asked by the speaker or Commission Members. 6. Only one speaker is permitted before the Commission at a time. 7. The discussion must be confined to essential points stated in the application bearing on the desirability or undesirability of the application. 8. The Chair may cease any presentation or information that has already been presented and acknowledge that it has been noted in the public record. 9. No personal attacks shall be indulged in by either side, and such action shall be sufficient cause for stopping the speaker from proceeding. 10. No applause or public outbursts shall be permitted. 11. The Chair or supporting agency staff may request police support to remove offending individuals who refuse to abide by these rules. 12. After the public comment portion of a meeting or hearing has concluded, the discussion will be limited to the Planning Commission and Staff. May 25, 2021 AGENDA – WHITE CITY PC
Planning and Development Services 2001 S. State Street N3-600 • Salt Lake City, UT 84190-4050 Phone: (385) 468-6700 • Fax: (385) 468-6674 MEETING MINUTE SUMMARY WHITE CITY METRO TOWNSHIP PLANNING COMMISSION MEETING Tuesday, February 23, 2021 7:00 p.m. Approximate meeting length: 48 minutes *NOTE: Staff Reports referenced in this document can be Number of public in attendance: 11 found on the State and County websites, or from Planning & Development Services. Summary Prepared by: Wendy Gurr Meeting Conducted by: Commissioner Millen ATTENDANCE Commissioners and Staff: Public Business Public Business Commissioners Absent Planning Staff / DA Mtg Mtg Mtg Mtg Christy Seiger-Webster (V Chair) x Christopher Spagnuolo x Wendy Gurr x Robert Frailey x Jim McNulty x Gene Wilson x Mikala Jordan x Antoinette Blair x Craig Smith Weston Millen (Chair) x Christopher Huntzinger x BUSINESS MEETING Meeting began at – 7:01 p.m. Commissioner Millen read the OPMA statement and Chair Reading. 1) Election of Chair and Vice Chair 2021. (Motion/Voting) Election of Chair for 2021 Motion: To nominate Commissioner Millen as Chair for 2021, Commissioner Millen accepted the nomination. Motion by: Commissioner Spagnuolo 2nd by: Commissioner Blair Vote: Commissioners voted unanimous in favor (of commissioners present) Election of Vice Chair for 2021 Motion: To nominate Commissioner Seiger-Webster as Vice Chair for 2021, Commissioner Seiger- Webster accepted the nomination. Motion by: Commissioner Blair 2nd by: Commissioner Spagnuolo Vote: Commissioners voted unanimous in favor (of commissioners present) 2) Approval of the September 22, 2020 Planning Commission Meeting Minutes. Motion: To approve the September 22, 2020 Planning Commission Meeting Minutes as presented. Motion by: Commissioner Spagnuolo 2nd by: Commissioner Blair White City Metro Township Planning Commission – February 23, 2021 – Meeting Summary Page 1 of 2
Vote: Commissioners voted unanimous in favor (of commissioners present) 3) Discussion of Draft All About Planning, Community Background, and Community Engagement Chapters of the General Plan (10-15 minutes). Presenter: Mikala Jordan Commissioner Seiger-Webster said she would like to see a brief summary of an explanation of chapters 2 and 4. Commissioners and staff went through chapters one through three. Chapter one - Page 8 state code should be more of an introductory, and history and awareness this is a requirement. Chapter two – no changes Chapter three - Add average household occupancy, not just number of people, but number of children. 4) Discussion of Draft Land Use Chapter of the General Plan (30-40 minutes). Presenter: Mikala Jordan Chapter four – requests adding a header on the character areas, contentious 10600 transitional area, commercial development and mixed-use, and ADU’s. Chat comments: from D. Scott Little to everyone: 7:41 PM If an Owner decides, what right should neighbors have when a developer buys a house to knock it down and build two condos above a small office? The developer is making his decisions to make maximum profit. He does not live in the Township and does not really care about the Township. from Chris Commissioner Spagnuolo to everyone: 7:46 PM Doing such a thing would require a rezone of the parcel, going through the entire rezoning process with full public input, and ultimately approved or not approved by the MT Council. from Chris Commissioner Spagnuolo to everyone: 7:47 PM Creating or changing what exactly is permitted in a zone is something else the Council would decide with public input. 5) Overview of General Plan Timeline and Next Steps (5 minutes). Presenter: Mikala Jordan Ms. Jordan provided the timeline for adoption. 6) Other Business Items (as needed). Commissioner Millen motioned to adjourn, Commissioner Seiger-Webster seconded that motion. MEETING ADJOURNED Time Adjourned – 7:49 p.m. White City Metro Township Planning Commission – February 23, 2021 – Meeting Summary Page 2 of 2
WRITTEN DETERMINATION – NO ANCHOR LOCATION The White City Metro Township Planning Commission is scheduled to hold a business meeting on February 23, 2021, beginning at 7:00 pm. Pursuant to Utah Code Ann. § 52-4-207(4), I, Weston Millen, have determined in my capacity as the Chair of the White City Metro Township Planning Commission to hold the business meeting without an anchor location due to COVID19, which presents a substantial risk to the health and safety of those who may be present at the anchor location. This written determination shall expire 30 days from today. Dated this _____ 23rd day of _________, 2021. By________________________________ Weston Millen Chair, White City Metro Township Planning Commission
5/20/2021 2021 White City General Plan White City Planning Commission 5/25/2021 Photo courtesy of Maridene Alexander, GSL-MSD. 1 A general plan provides a comprehensive, long-term, practical vision for the future of a community. Photo courtesy of Salt Lake County Parks and Recreation. 2 1
5/20/2021 General plans assist communities in defining and achieving desirable future outcomes • Strengthen community autonomy • Enhance efficient and effective decision making • Bring the community together to work towards common goals • Generate new funding opportunities Photo Courtesy of Mikala Jordan, GSL-MSD 3 • “Each municipality shall prepare and adopt a comprehensive, long-range general plan for: (a) present and future needs of the municipality; and (b) growth and development of all or any part of the land within the municipality.” (10-9a-401) Utah State Code • Minimum required elements of the general says... plan: • Land Use Element • Transportation Element • Moderate-Income Housing Element (10- 9a-403) • Additional elements may also be included to address present and future needs (10-9a- 403) • “The general plan is an advisory guide for land use decisions” (10-9a-405) 4 2
5/20/2021 Best practice general plans are integrated, fact-based, and guided by an engaged community. • Acknowledge current strengths and challenges based on facts and data • Integrated approach to decision-making • Reflect residents' values and lived experiences • Tailor policy and implementation recommendations to local context Photo Courtesy of Mikala Jordan, GSL-MSD. 5 A general plan is NOT… • A land development code • A legally binding document • Unchangeable (can be amended) • A doorstop 6 3
5/20/2021 Your General Plan is fact- based and integrated: Best-practice planning approaches Technical assessment Esri ArcGIS Analysis Literature cited 7 Your General Plan is guided by an engaged community (Jan 19 – Apr 21): • 25 GPSC Mtgs • 5 Workshops • 3 Surveys with 179 submissions • 3 PC Mtgs • 9 Council Mtgs • Outreach via newsletters, websites, and social media 752+ written comments! 8 4
5/20/2021 April 13, 2021 General Plan Steering Committee voted to forward the General Plan on to the Planning Commission for review and considera on. May 5, 2021 Council accepted this recommendation and has requested that the Planning Commission take over the planning process. 9 Plan Content Executive Summary Key Recommendations and Goals Chapter 1 - All About Planning Chapter 2 - Community Engagement Chapter 3 - Community Background Chapter 4 - Land Use Chapter 5 - Transportation Chapter 6 - Lifelong Communities Chapter 7 - Work Program Chapter 8 - References and Resources Appendix – Glossary & FAQ, Survey Responses and Feedback, Moderate-Income Housing Plan, GPSC Meeting Summaries, 10 5
5/20/2021 Vision: “White City is a safe, affordable, close- knit, family-oriented, and unique community with access to amenities that meet the diverse needs of its residents.” 11 Priorities: 1. Preserve single-family residential, 2. Eliminate blight, 3. Horse Property, 4. Preserve natural resources, 5. Walkability, and 6. Explore neighborhood commercial. 12 6
5/20/2021 LU1: Ensure that effective land use planning is kept in balance with preserving the freedom and rights of individual landowners. LU2: Maintain and promote White City’s neighborhood- scale housing character (primarily detached residences) while also promoting a quality of life that attracts and sustains new families and the housing needs of the Salt Lake valley. LU3: Promote a sense of pride and identity in the community through maintaining and enhancing place- making infrastructure. LU4: Establish landscaping and maintenance standards that make White City a distinctly scenic, fun and appealing place to live and visit. LU5: Enhance recreational amenities and access to public parks and open spaces. LU6: All land use decisions include efforts toward mitigating or improving the air and water quality. 13 14 7
5/20/2021 T1: Provide good access to and smooth, safe transitions between key locations within and outside of White City. T2: Make transportation areas more aesthetically pleasing, environmentally friendly, culturally interesting, and health-conscious. T3: Achieve well-maintained transporta on infrastructure. T4: Provide adequate and safe parking. T5: Increase pedestrian and bicyclist access, safety, and comfort. 15 LC1: Foster transparency, collaboration, and clear communication among officials, staff, the public, and other agencies. LC2: Enhance and expand digital infrastructure to support home-based work, entertainment, and education opportunities. LC3: Support small-scale local and home-based businesses with access to resources for financial assistance and/or business training and education. LC4: Ensure that the built environment supports people of all ages and abilities, allowing safe and easy navigation within the community as well as access to important places outside the community. 16 8
5/20/2021 T1: Provide good access to and smooth, safe transitions between key locations within and outside of White City. T2: Make transportation areas more aesthetically pleasing, environmentally friendly, culturally interesting, and health-conscious. T3: Achieve well-maintained transporta on infrastructure. T4: Provide adequate and safe parking. T5: Increase pedestrian and bicyclist access, safety, and comfort. LC5: Strengthen resilience through emergency preparedness and response. LC6: Improve the quality of the natural environment and mitigate negative environmental impacts in built environment decisions. LC7: Maintain and make needs-appropriate improvements to infrastructure to support the resilience of the built environment. LC8: Preserve the heart of White City’s character. 17 Five Key Recommendations: 1) Focus on area-specific, small-scale infrastructure improvements that incorporate place-making; these will enhance the day-to-day experiences of residents on their land and in public spaces. 2) Update land use codes to be tailored to White City’s specific wants and needs. 18 9
5/20/2021 3) Work toward implementing streetscape improvements that increase the safety of all modes of travel, the aesthetics of the public right-of-way, and the walkability of White City. 4) Work toward infrastructure implementation that supports successful aging in community, community resilience to natural hazards, and environmental sustainability. 5) Increase sales tax revenue to support desired projects by a) supporting at-home businesses through resources and fast internet speeds and b) updating land use ordinances to allow small, quiet, local businesses in future mixed-use areas. 19 Next Steps • Public outreach and comment period • Open house? • Public hearing to: • Recommend adoption, or • Recommend adoption with changes, or • Do not recommend adoption, or • Continue decision to another meeting. • Council public meeting to: • Adopt • Adopt with changes • Not adopt (send back to Planning Commission for more work) • Continue decision to another meeting See Utah State Code 10-9a-404 20 10
5/20/2021 A huge thank you to the General Plan Steering Committee, who worked on this Plan for two years! 21 11
To: White City Planning Commission From: Travis Hair, Planner Date: May 25, 2021 Re: OAM2021- 000272 – Internal Accessory Dwelling Unit Ordinance In late 2020, the MSD Staff along with the White City Council began discussing how to address accessory dwelling units as they were identified within the Moderate-Income Housing Plan (MIH) adopted by White City as a part of its general plan. As those discussions progressed, planning staff and legal counsel were notified that the Utah State Legislature would be adding additional requirements during the 2021 session, so work was put on hold until the new requirements were clear allowing for the code to be updated . The legislature addressed Internal Accessory Dwelling Units (IADUs), within the recently passed HB-82. The bill allows for IADUs broadly throughout residential zones and limits what types of controls local municipalities can put in place to restrict them. Following passage of the bill, MSD Staff, and a committee including Council members and legal counsel was formed to work on refining the earlier draft to meet the new requirements in State Code. The attached draft ordinance includes regulations allowed by HB-82. In summary the ordinance includes the following: • Allows for IADUs on single-family residential lots of 6,000 square feet or larger. • Excludes the A-1, A-2 and R-1-21 zones from allowing IADUs. • Limits IADUs to two bedrooms. • Adds additional parking requirements for IADUs. • Requires dwellings with IADUs to be owner occupied. • Limits each lot to a single IADU. • Adds design and safety requirements for IADUs. • Requires all owners of IADUs to obtain a business license. • Sets procedures for recording of notices on IADUs so compliance can be enforced per HB-82. • Prohibits the use of IADUs as a short-term rental. 2001 S State Street, #N3-600 • Salt Lake City, UT 84114 • 385-468-6700 msd.utah.gov
SECTION I. The amendments made here are designated by underlining the new substituted words. Words being deleted are designated by brackets and interlineations. SECTION II. Chapter 19.15 of the White City Code of Ordinances is enacted as follows in order to authorize accessory dwelling units in certain residential zones and to enact related regulations. 19.15.010 Purpose. White City recognizes that Accessory Dwelling Units in single-family residential zones can be an important tool in the overall housing plan for White City. The purposes of the Accessory Dwelling Unit standards of this code are to: A. Allow opportunities for property owners to provide social or personal support for family members where independent living is desirable; B. Provide for affordable housing opportunities; C. Make housing units available to moderate income people who might otherwise have difficulty finding housing in White City; D. Provide opportunities for additional income to offset rising housing costs; E. Develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle; F. Preserve the character of single-family neighborhoods by providing standards governing development of Accessory Dwelling Units; and G. Ensure that Accessory Dwelling Units are properly regulated by requiring property owners to obtain a business license and a building permit for an ADU prior to renting the ADU. 19.15.020 Definitions. "Internal accessory dwelling unit" means an accessory dwelling unit created: 1
A. within a primary dwelling; B. within the footprint of the primary dwelling at the time the internal accessory dwelling unit is created; and C. for the purpose of offering a long-term rental of 30 consecutive days or longer. “Owner Occupancy” means a property where the property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, driver's license, county assessor records or similar means. "Primary dwelling" means a single-family dwelling that is detached and is occupied as the primary residence of the owner of record. 19.15.030 Allowed areas and zones. a. ADUs incorporated within a single-family residence shall be a permitted use on single family home lots in primarily residential zones that require 6,000 square foot minimum lot sizes or greater. b. IADUs shall not be permitted in A-1, A-2 or R-1-21 zones. State code allows for exclusion of up to 25% of the total residential area from the IADU requirements which these zones are under. c. In no case shall an ADU be permitted in a townhome, a multi-family PUD or other attached unit type, or on any lot that cannot satisfy parking, setback, or lot coverage requirements. 19.15.040 Number of residents. ADUs shall not be occupied by more than four persons. 19.15.050 Setbacks. Setbacks on all IADUs shall be consistent with setbacks for a single-family dwelling in the zone. 19.15.060 Parking requirements. 2
In addition to the required parking for the existing home, the property owner must demonstrate that one (1) on-site parking space is available for an IADU. A property owner bears the burden of showing by a preponderance of the evidence that sufficient parking is available. In cases where garage conversions are done to create an IADU, replacement on-site parking spaces are required for the primary dwelling in a number equal to the parking spaces eliminated by such IADU. 19.15.070 Lot coverage. Lot coverage maximums as outlined per each zone. Any additions to an existing building shall comply with Section 19.15.050 and except as provided in that section, shall not exceed the allowable lot or rear yard coverage standard for the underlying zone. 19.15.080 – Owner occupancy. The primary dwelling or the IADU must have owner occupancy. An application for an ADU shall include evidence of owner occupancy. 19.15.090 – Number of ADUs per lot. Only one ADU is allowed per lot. 19.15.100 – ADU design standards. A. An approved building permit is required for all IADUs before an IADU is constructed, and all other applicable provisions of this chapter and the White City Code must be met before an IADU can be rented. Existing non-compliant IADUs may come into compliance by receiving a permit and verifying existing work was done according to code. B. The design and size of an IADU shall conform to all applicable building, fire, and health codes, including applicable water service requirements. 3
C. Conversions of an existing space to an IADU will require compliance with safety requirements per building code including, but not limited to, egress windows with window wells in case of emergency, and sufficient HVAC and climate control for the ADU. D. IADUs will not require a separate HVAC or firewall. E. Owner shall provide a separate address marking for emergency services and mailing services. F. Single family residences with an IADU shall retain the same appearance as a single- family residence. 19.15.110: Affidavit and Notice of Accessory Dwelling Unit Applicants for ADUs shall provide an affidavit stating that the owner of the property will live in either the primary or ADU as their permanent residence. Upon approval of the ADU by the building official, and upon the issuance of a business license pursuant to Section 19.15.130, a Notice of Accessory Dwelling Unit including the affidavit shall be recorded against the property to provide notice to a future owner of the owner occupancy requirement for the ADU. Upon sale of the property, the new owner shall be required to sign and record a new affidavit and secure reauthorization of the ADU by the building and business license officials. A copy of the recorded notice will be provided to the applicant when completed. 19.15.120: Business licensing. Prior to renting out any ADU, a business license must be obtained. That license must be maintained as long as the unit is rented out. 19.15.130: Multi-Family use of ADUs prohibited. 4
A. ADUs are part of a single-family residence and shall not be used as a multi-family residence. B. ADUs may not be separately metered apart from the single-family residence. C. ADUs may not be sold or subdivided separately from the single-family residence. 19.15.140: Short-term rental use prohibited. Units approved as IADUs shall not be used as short-term rentals. Any rentals shall be made for 30 consecutive days or more. 19.15.150 Variances. The land use hearing officer may grant variances to the standards of this chapter in accordance with section 19.92.040. The land use hearing officer may not grant a variance from Building Code requirements, owner occupancy provisions, lot square footage requirements, or the number of units allowed per lot. SECTION III. This ordinance shall become effective fifteen days after its passage and upon at least one publication of the ordinance, or a summary thereof, in a newspaper published and having general circulation in White City. 5
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