655setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, and And when we do run up against some bigger policy issue that needs a broader overview, we take an ad hoc approach at the state level. Eventually researchers will be able to say that those percentages continued to increase, and even picked up the pace, in 2021. New Zealand, which is experiencing the sixth-highest increase in housing costs worldwide over the last few years, in part because of, as website NewsHub said in a story on New Zealand housing, Asked what was responsible for the doubling of house price growth over the past seven years, just over half (52 percent) thought rises were due to overseas buyers Oh the tangled webs we weave). Overall, the percentage of survey respondents who said affordable housing was an issue was 49%, up considerably from the 39% who said so in 2018. The referendum process protects people. While zoning enabling acts require that notice be given to neighbors, anyone ought to be able to register with the state to receive notice of land use hearings. Bills are starting to pop out on land use issues, and once again there are topics coming up that have not had much discussion by land use interests. 1182Constructions and Fire Codes Act. HB364 Housing Affordability Amendments talked about this above, the substitute bill was adopted in committee today and then passed out favorably by the committee. I may have given the impression from some of my previous posts that I am not in favor of some of these efforts, but let me assure you that is not the case things could use a good shake-up. Now this may change, as there are on-going discussions and a promise of a new version of this process to come out in a substitute bill shortly, even though the bill was passed out favorably as is by Senate committee yesterday, so stay tuned on this. On the MIH plan consistency idea, Cam stated that the concept was still under discussion, that no agreement had been reached. There are towns full of new homeowners who were immigrants, who lived in crowded, dense places. He went on: They do not want to have fourplexes next door to them. These produce the highest quality of tasty olives. These efforts will enhance and direct water flows to the lake, restore and preserve wetlands and upland habitat, and integrate the Great Salt Lake into water and land use planning. But since the purpose of an evidentiary hearing is to produce well-documented evidence to support a decision, the parties are entitled to know what the board concluded are the facts. As we passed near the site of a proposedbeach-volleyballcomplex, he warned of noise and light pollution and wondered if people could evacuate safely in the event of a wildfire. One possible explanation for the decline in the majority of factors from 2018 to 2022 may be after-effects from the pandemic. And officials in Park City are fuming. Itll all be over. Most residents here could not afford to purchase the home they live in, given todays market prices and household income.. Somethings got to give and there is a role for the Legislature to play in Utahs housing crisis. But I think its pertinent to ask the same question people asked when Gottmann first came up with it back in 1957: Other than as an intellectual exercise, does it really serve much purpose? First, this from Summit County, which has one of the worst affordability problems in the state (at least around the Park City area). Makes some relatively minor modifications to the IADU provisions, including to the provisions for and ADU in an attached garage. House Speaker Joe Shekarchi this week unveiled a legislative package he argues would help bolster much-needed housing development across the state without circumventing local control over zoning and planning. Most forms of development ought to be as-of-right under the zoning resulting from the planning process. A number of things were proposed, including the idea that established agriculture protection areas were excluded from being able to be annexed unless the owners consented. I talked with the current PRO, he had no idea this bill was coming. Hurricane city just took action, a Cedar City ordinance change to allow ADUs led citizens to express fears they would be rented out, and is debated even in Logan. For this very reason, as well as for the benefit of having more diverse, dynamic neighborhoods and communities, I believe our local planning commissions and elected councils must do more to accommodate housing, and particularly entry-level, affordable housing. About 180 municipalities in California passed ADU laws between 2017 and 2020. We would urge all involved in the legislative processes to keep these things in mind. And just to put another cherry on top of the ice cream pile of national zoning reform flavors, the American Planning Associations President-Elect, Angela Brooks, just put out a statement calling for planners nationwide to take the lead in zoning reform efforts in their communities. The high court ruled that the distinction between on-site and off-site digital billboards was content neutral under the First Amendment and not subject to strict scrutiny. Households can use their increasingly valuable property to borrow at lower interest rates than they otherwise would. 658health or safety. This language needs work! Flint says: Not only blue states along the coasts, but others regarded as red, such as Utah, are engaged in some type of zoning reform. Recodifying is what really needs to be done. Lets talk about political signs! Often, it is the semantics of the issue, calling the new development proposals high-density or multi-family that seems to cause the problems. The Institute for Justice wrote letters to the town councils inBig WaterandHighland Lakenoting that their requirements may not be constitutional, under either the U.S. or their respective state constitutions. On the regulations side, Thompson does talk about zoning and rules that limit numbers and sizes of homes. After the public comments, during discussion by the PC members, it was pointed out that a rezone from single-family to R-2 zoning would allow for the construction of three duplexes on the property, which would be about the same number of units as those sought by the applicant, but more of a single-family home character than the townhouses would be (it was later pointed out that a similar result could be achieved through approval of a conditional use for twin homes under the existing zoning). Only it isnt just advisory only anymore, not with the additions this year. Part of the state justification for involvement in this proposal is to take advantage of the significant infrastructure that state has paid to have put in this area for the new state prison, located just to the west of the inland port area. Keep it up! Nouveaux single et clip pour le breton Herv. WebCroydon transmitting station. (editorial comment I can see this provision for legal challenges to the process, but an annexation is still a legislative decision in the end, which means those opposed could do a referendum on it probably a more difficult venture, but still possible). 3 new lines in LUDMA, a whole new section in 72-10-400 Airport Zoning Act, HB224 Outdoor Recreation Initiative creates new initiative for planning, coordination, and funding of outdoor recreation infrastructure between state and local governments. The only required elements just to a couple of years ago were a land use element and a transportation element. In yesterdays legislative update, I indicated that among the land use bills we are awaiting was one that Sen. Fillmore was working on, and that we didnt really know what the specifics of that bill would be. The bill is awaiting a vote on the Senate 2nd Reading calendar. Rep. Phil Lyman is sponsor of both bills, and he has not been much engaged in the land use discussions on-going during the past year, at least that Im aware of. If this topic tickles your interest, be sure to attend both the APA Utah Conference and/or the ULUI Land Use Conference, where each will have a session on public input in land use processes, and possible standardization of such hearings. It really will streamline the process and make it much more predictable for developers and shorten the amount of time it takes to get such projects to market, Fillmore said. If you look at the stuff thats going up, its really pretty awful., For the students, he suggested that the university add facilities, but not in Berkeleymaybe in nearby Richmond or El Cerrito. endobj
This is largely due to stricter requirements and larger allocations. HB265 Sentinel Landscape Amendments, the bill that would have prohibited cities from annexing land within 5,000 feet of a military facility, has been substituted. And it hopefully will stimulate other potential solutions. I dont think this is something that our political leaders can ignore for much longer. Theres lots more to read in Demsas column, so take a look at it. Why? An issue that Ive been harping on for some time is annexations and incorporations. More and more during these sessions, I am hearing local officials make statements and ask questions about possibly curtailing future development because of limited water availability. do not delegate power to any outside group or entity. One of the things I really like about Daybreak is you have different types of housing all in the same neighborhoods. The sign code doesnt single out any topic or subject matter for differential treatment. Massachusetts is Trying, it details how rocky going down such a road can be when not everyone is on board: The Boston suburb of Essex, for example, requires a four-bedroom apartmentinclude six parking spots! Okay, now that the biggies are somewhat handled, Ill try to do some descriptions of the other more minor bills that are still hanging fire out there in an upcoming post. U.S. The bills language has been negotiated over a period of years through a workgroup that brought together city and county governments, land use planners, surveyors, the Montana Building Industry Association and the Montana Association of Realtors. The Senate concurred in the revisions this morning, so this bill is now done. I think in large measure this was because of the heightened attention given to land use matters in relation to the housing affordability crisis of recent years, and because of the nationwide attention being paid to zoning reform and other land use issues. Given the demographic characteristic of our state, some of the actions attempted by our state legislature really are more like regional approaches to growth issues (see previous posts on Authorities, like MIDA, Port Authority, Point of the Mountain, and now Utah Lake). window.open("http://lsn.to/"+url,"radiofeeds","status=1");}lsn.to/CRL TuneIn. 34or form, by any combination of individuals or entities. These requirements include language like: (ii) shall include a recommendation for: The bills are up for their first committee hearings on Tuesday. The story shows the various ways that local governments in California are finding to essentially circumvent the recently enacted legislation that mandates that all residential zones throughout the state must allow for housing of up to fourplexes on any property (essentially ending exclusive single-family zoning). The legislature giveth zoning authority, and it can taketh it away, or at least stipulate what local governments can and cant do with it. This crisis will not be solved by a for-profit industry with a relative intolerance for profit-losing requirements. The state constitution has the following provision: The Uniform Operation of Laws Clause requires that [a]ll laws of a general nature shall have uniform operation. That is where startups like Homestead come in. Cairns in Sandy) About time! Heres an example. In this, itdidlead the country. In the context of planning and rezoning decisions, bureaucrats and commissioners ought to solicit public input widely, from within the city limits and beyond. Lets run those down first. When a local entity intends to change the standards for public improvements for subdivisions and development, notice must first be provided and a public hearing held. This has now been done and Alan Beech has applied to Ofcom for an increase in power over the present 1KW. Were taking houses, and were turning them into hotels. Thats one bill (Sen.)Fillmore (not the bills sponsor) said he didnt support because he thought it was unconstitutional and tilted too far away from public involvement, where Im trying to strike a balance.. Many of those questions have been if a community can curtail or even stop growth if it looks like there isnt enough water available. A state-level approach that got the term smart growth was coined, and took off in places such as Maryland, Florida and Washington state, among several. Nothing much else to report at this point. Perhaps, this is a temporary station problem. There will be a joint League/APA legislative update session on March 31 in North Salt Lake, more details to come. This one had an address of South Jordan. Well, many of you know that I serve in my retirement on the Kaysville Planning Commission. Their bottom line is monetary gain. The dissent would hold that tens of thousands of jurisdictions have presumptively violated the First Amendment, some for more than half a century, and that they have done so by use of an on-/off-premises distinction this court has repeatedly reviewed and never previously questioned, Sotomayor wrote. The provision was pretty obviously aimed at the Kimball Junction project by Dakota Pacific. )U6BH!PM"GF%hf/OHmoS@7nSk0wk%V+d0/ODv. Maybe the problem is how we make land use decisions, or at least how we obtain public input and what we do with it. When you carve-up this tract, it sets a precedent for the cow pasture to be carved into 50 or 100 units. The big issue in growth talked about for the last few years as been housing affordability, here and in other states (and even in other first world countries). Never mind theresearchshowing that higher-density is actually beneficial for the environment. Theres existing efforts and proven successful strategies out there, Criss said. $75 million in federal COVID-19 relief funds, on top of $25 million already appropriated, to bring clean water to Westwater for the first time from nearby Blanding and improve drinking water systems in other small rural communities. Because subdivision plat reviews are administrative acts, no public hearing are required. Orford Ness, Suffolk, showing locations of main sites. It is unfair for the legislature to expose Connecticuts municipalities to litigation for conditions over which they have no control, he said. This runs somewhat contrary to the statement made by one of the OVPC members, who said: It makes sense to have people in the industry, he said. Subsequently, the real estate community has reacted, asking the county council to not overreact. Looks like now we planners may get some of the blame for a pending economic downturn as well! How else might this Authority concept be used in the future? See the February 21 and 22 posts for the initial descriptions of this bill. Whats the point of the regulation? A recent piece in the DesNews by Lee Sands of the Libertas Institute seems to shed some light and perspective on STRs. Heres the list, its pretty interesting. And finally, in a recent excellent piece by David Brooks in The Atlantic titled How the Bobos Broke America, which is about how the politics of our nation has become so divided and compartmentalized and extreme, and what maybe to do about it, is this one line: For instance, we need more pathways to success, so those who are not academically inclined have routes to social leadership; programs like national service, so that people with and without college degrees have more direct contact with one another; and an end to policies like residential zoning rules that keep the affluent segregated on top.. The signings included three of the significant land use bills HB364: Housing affordability amendments; HB406: Land use, development and management act; and SB174: Local land use and development revisions. An idea has actually been floated that the state legislature would find a compelling statewide beneficial public interest in enhancing housing affordability, and instead of doing the zoning reform thing that many other states are now doing, instead create a housing affordability authority, that could then find private entities willing to build more affordable housing if the conditions (i.e., the local land use regulations) were more conducive, and then legislatively create an area where the authority would have jurisdiction, overriding local controls. Is that legal? And if the SCOTUS upholds the 5thcircuit rationale, well. Some said they had already worked to upzone certain parts of their cities. This one is still playing out, and there are bills in the legislature this session to make more changes to the Inland Port Authority, including to the composition of its board membership (reducing local government involvement). It will be interesting to see what comes of this, how useful it will be, and what role our own fair Utah mayor will play in the process. The subtitle to the story says. (from anecdotes Ive heard from the PRC, thats not the case). He is carrying all of the major planning bills were awaiting (well, not sure about the station area plans bill), making himself the go-to guy at the legislature for land use stuff. He says. It is not listed among the bills being worked on as he has asked this bill to be protected and confidential. It has strong support from leadership and will be back in some form). Even with the watering down of the bill to just deal with ADUs. similar to MIDA, which could upon finding that there is a state need for certain land uses (like housing affordability) impose its own land use regulations in certain places, overriding local regulation. Robert Bryce, an energy industry expert, has written on this issue a number of times. Aligning all elements of land-use policy is necessary to make meaningful progress. If we want less expensive housing, we simply need more of it. 225for changes to an ordinance that promotes the inefficient use of water; Whether it be Summit County or any other counties across the state, theyre not going to have any ability to determine whats best for their individual counties.. 248(B) adopting new or modified lot size, configuration, and landscaping standards that Stay with us and help us out. Home; Service. were required to be less than three stories tall and have small overall square footage Acquiring financing for these types of structures is notoriously difficult. To accomplish this, cities can rezone underused parcels to increase allowabledensityand implement policies that encourage development. The next is a bill that is not specifically land use-oriented, but does affect local land use processes. needlessly increase Utahs housing prices. With a tip of the hat to The Polar Express, I am revealing the first land use-related bills of the 2023 legislative session! One of the things being discussed extensively in Utah right now behind the scenes is requiring local governments to put in place provisions to allow for more mixed use and higher densities around transit stops transit-oriented development as we planners call it. The second thing is all the changes in land use provisions that are being enacted at the state level, this year and in several recent years, that require local governments to change their local codes and their practices. Let me know if youre interested in this. The PRC has expressed a desire to establish uniform improvement standards statewide, but this has been resisted by local governments because of variations in local conditions and preferences. The substitute was adopted by voice vote of the House, and then passed by a 71-0 vote. This story is in the Trib, written by Tony Semarad, one of the few local journalists who really takes time to understand our local land use processes and the way our communities are growing and why. Im probably going to start calling this session the year of the general plan because of all the additions and modifications made by bills this year to the general plan section of LUDMA, not all of which I think is well-done (more on that to come). 4) Transportation choices/connectivity When we get to a certain point in life, we have a tendency to look back and see what maybe we left behind, what did we help make better or mess up? (C) will have the improvements described in Subsection (11)(b)(i)(B) plus telecommunications and electricity; and Not sure that it will go anywhere, but one never knows. Just a note, theres been lots of buzz about the subdivision provisions in SB174, and ongoing negotiations with the sponsor and those of interest to make changes. Worth the read to get another perspective. On SB174, which includes the newly proposed subdivision process, I had said in my notice about it that this would apply to all cities and counties. It would also seek to sharpen Utahs teeth when it comes to punishing cities that havent included moderate income housing in their plans by withholding state money for road improvements known as Class B and C funds. Also, the bill indicates that review and approval of preliminary plats, the LUA may receive public comments and may hold no more than one public hearing. Its actually a lot of faith to place in a document that by its very legal status is defined to be as advisory only. North Carolina code and court rulings apparently stipulate that these types of actions (they are called evidentiary hearings in NC) be carried out in a much more formal, prescribed manner. Development projects in the United States are subject to a process I like to call whoever yells the loudest and longest wins. Some refer to this as participatory democracy. Now the city is undertaking a sweeping reform agenda to undo that legacy. And yes, that sort of qualifies. Over the years, transit became more and more significant in those plans, but to make it work required that all the communities adhere to the basic pattern. It seems to prohibit the application of a TLUO to an application that has also been subject to a pending ordinance restriction, but then it seems to extend that prohibition to an application that was filed within 12 months (?). The pandemic exacerbated this problem, not only with supply chain and labor problems, but with changing preferences. It has the support of Utahs other senator, Mitt Romney, and a host of local government officials in Utah. HB 408 is amending existing state law for food trucks, which was first established in 2017 when we first teamed up with now-Lieutenant Governor Diedre Henderson to tackle the Food Truck trend and to set up a regulatory framework for them. And the housing design restrictions that were passed during the last legislative session have been discussed, but no agreement on what to do seems to have been reached. This is usually a beneficial thing as nobody can be expected to anticipate or see every possible ramification or issue with these bills, especially as large and complex as these are. I had some other commitments today that kept me tied up until just now. It started pumping, only to cause a spring Eden Water Works depends on to stop flowing. confirmation The courts eventual decision could have significant implications for the future of how signs are regulated, and even for the business model for billboard companies. She writes about what is happening in California, and while I dont believe that we here in our great state of Utah will go entirely down the same road as the Golden State has, we have plenty of similarities. But when the time came, he apparently opposed new housing in his backyard. $1.05 for technical planning assistance to Utahs Associations of Governments (including WFRC) for training, grant writing, and other technical assistance to local governments. The editorial piece, titled Barbarians at the Garden Gate, concludes with this paragraph which I think helps portray the complexity of the issue. On the one hand, he (like Gorsuch) asked Snyder why the city couldnt address its safety and aesthetic concerns by restricting the placement, size, and number of signs, rather than restricting anything that has to do, arguably, with the words that are written on the sign. On the other hand, he emphasized that these kinds of ordinances have been around for a long time, and that a ruling for Reagan National would impose significant burdens on a lot of local jurisdictions around America.. These entities are often vested with, among other things, land use powers (the Utah Lake Authority would have that power for all land encompassed by the lake, which would include the potential islands). Other bills we are following that are still alive and watching to see when they might be released from Rules to be voted on are: HB408 Mobile Business Licensing Amendments. It attributes the problem (correctly, I believe) to a number of factors, one of which is lack of flexibility in local land use regulations. How can earnest cries for public participation to empower poor and marginalized people be squared with the use of the same tool to exclude poor people and people of color from tony, well-resourced neighborhoods? Economic studies underlying the Act projected that an inland port could create thousands of jobs, develop natural resource extraction industries, and make Utah a bigger player in the global economy.4 These are legitimate objectives. Eliminating single-family zoning isnt enough if disgruntled neighbors. In fairness to those being pummeled by these letters and the news story, the response has been. This was kind of alarming to see the legislature take such a specific action aimed at a particularly development in a particular jurisdiction, but there it was. In 2016, then-Sen. Scott Jenkins, a Republican who was upset that a local ordinance compelled him to plant a lawn around his plumbing wholesale warehouse in Orem, filed a bill to curb such mandates. At the University of California, Berkeley recently, in an effort to address the severe shortage of student housing, school officials announced plans to build a new dormitory to house up to 1,100 students. Todd co-positioned the new language in the bill with the language that remains as is in LUDMA, and came to this conclusion: So would this mean that any adjustments between property lines that were created by a subdivision plat would no longer be permitted, and any petition for adjustment of the boundary line between Lots, or between a Lot and a parcel must be categorically denied or refused because by definition a subdivision amendment cannot be a lot line adjustment, and by definition a lot line adjustment must comply with requirements of 10-9a-608 which would including meeting the definition of a subdivision amendment, which excludes lot line adjustments? considered (Washing University Journal of Law & Policy, The Legislative Requirement That Zoning and Land Use Controls Be Consistent with an Independently Adopted Local Comprehensive Plan: A Model Statute). This includes assessing and forecasting the quantity of water available for human, agricultural, economic development, and environmental or instream uses, and ecological needs. The monopoly of billboard companies for such advertising would essentially be gone. And I could tie it all together in one big post! Covid has also led people to spend more time outdoors. The people have the right, guaranteed by the state constitution, to use referendums, she said. Ill be loudly rolling my eyes in the back of the room until the end of time in case you ever want to talk. Cookies are also used for Google Ads personalisation. Most notably, there is considerably back and forth going on between municipal representatives and House Majority Leader Mike Schultz over his HB151 Retail Facility Incentive Payments Amendments bill, which on its face would pretty much prohibit any local financial incentives for retail developments. Speaker Brad Wilson recognizes the challenges of the states high rate of growth. Contact: /*
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