Natural Resources, Agriculture and Environment Committee: Potential New State Park. Do it thoughtfully, so it will enhance the neighborhood and community, but it WILL be different, and thats okay! The Planning Commission voted to table the proposal at the May 11 meeting to allow staff time to consider the comments and make possible modifications. Skeptics might point out that development approvals processes attract more participation than planning processes do. Are air quality, natural resources, critical bird habitat and wetlands nothing more than nuisances for developers to conquer? You see, further down in the state constitution, it says this about local laws: The legal voters of any county, city, or town, in the numbers, under the conditions, in the manner, and within the time provided by statute, may require any law or ordinance passed by the law making body of the county, city, or town to be submitted to the voters thereof, as provided by statute, before the law or ordinance may take effect. Heres a comment from a citizen in a rezone hearing recently in a Utah community where the proposal was for rezoning a property from agricultural to residential allowing lots down to 14,000 square feet (not high density by any means! And lets not forget transportation, which is always closely tied to land use and growth issues. Housing and other living costs have the largest decrease in assessed performance. Finally, Im feeling up to it! Finally, the task force recommended a public education campaign with an emphasis on reaching younger people who are close to or at home-ownership life-stages. I keep waking up at 4:00 am, I should just write new blog posts then, but my mind isnt working properly at that time of day. <>/OutputIntents[<>] /Metadata 670 0 R/ViewerPreferences 671 0 R>> First was a poll in the Deseret News about what Utahns think should be done about housing affordability. In fact, the writers point out, there are other local regulatory and policy measures that are likely more effective. So it looks like Cam is becoming a planner wonk as well (I can vouch for this, having talked with Cam on planning issues several times over the past couple of years and I can say he really is getting into this stuff). Many such applications, for things like conditional use permits, subdivisions, site plans, and others are put through a process similar to that for rezones and general plan amendments. A story in todays DesNews confirms that the housing affordability crisis is not slowing down. The downside is that the provisions in HB474 are not going to get a hearing in committee. So weve heard a lot about the problems with getting new housing built, in large measure because of the rules and processes that are part of getting local government approvals for new housing, particularly for anything other than large-lot single-family homes. When housing markets boom, banks tend to engage in more mortgage lending. As noted in an earlier post, this is indeed the silly season at the Legislature. According to the studys findings, 49 percent of municipalities were using zoning incentives (e.g., density bonuses, reduced development fees, streamlined permitting, and reduced parking requirements) in 2019 to spur the development of affordable housing. People say that at some point even George Harrison funded them. That one area is transportation. Heres how Utah, Idaho rank, said this: this week,CNBCranked Utah No. Itll just be odd if theres this mandated subdivision approval process in LUDMA for cities, but not a corresponding one for counties. 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. A couple of excerpts: This horrible assault on local communities rights of self-determination is a blemish upon fair, open and transparent government, said Summit County Council Chairman Roger Armstrong in astatementissued earlier this month, after the bill won legislative approval. She relented and noted that the language in the housing bill doesnt exactly say that (right, it doesnt, see the quote above), but . 247(A) creating a water budget associated with a particular type of development; State law. Why? There is ongoing discussion on this with the communities that have rail transit stations, including a big conference call today as this bill continues to evolve. eRtSDbIh]5r_AHg ,6oP+0&gj]]hDUXZ&'~~5 ,>Xim"Lut.vfFm.sa]uhEY _ujp rgwg&]4 NhTi2[b6(FGl And given the distance (nearly 1 mile) in communities like Clearfield, Layton, Roy, South Ogden, Saratoga Springs, Bluffdale, Eagle Mountain and Tooele, this could be a lot of land use applications! And Utah Lake continues to stir up lots of churn. Some of the highlights of the reports and subsequent discussions: The Commission then also heard a brief report from State Planning Coordinator Laura Hanson about the plans being developed for conducting the Statewide Conversation on Growth, funded by the legislature to the tune of $1 million. Not everybody is a complainer, but pretty much everyone who shows up to community meetings is. Nor is it exclusionary zoning and other NIMBYist obstruction of more, and denser, housing. Pretty much a new bill. VI, 28, In this case, however, the Court said that the legislatures actions. The statewide interest identified by the legislature is the establishment of a significant economic benefit with a rail freight transfer facility and associated development that would occur. Second, Fillmores bill would also seek to sharpen Utahs teeth when it comes to punishing cities that havent included moderate income housing into their city plans. The Planning Commission voted to recommend approval of the request along with a development agreement that would have design and parking requirements beyond what would normally be required under just a straight rezone. Since covid emerged, price gains have been large where housing. 2022 is truly shaping up to be the Year of Planning. Maybe the crash is coming, given this research and the rising fed interest rates in the campaign to tame inflation. 208(iii) the external appearance of the microenterprise home kitchen, except that a These cookies ensure basic functionalities and security features of the website, anonymously. So, I think air quality is one that will continue to be a focus for us., Theres more in the budget as well on issues such as energy and air quality. https://le.utah.gov/~2021/bills/static/HB0364.html. Toward the end of the legislative session, a few seemingly innocuous sentences were slipped into a bill that would have essentially given Prince carte blanche to demolish the two houses and build his new home as large as he wants and as tall as he wants without the citys approval. Dont get me wrong, I do believe that NIMBYism is a serious problem, but the evidence of what is happening in these other places indicates that we must be careful about how we implement things. It is true that many of our local jurisdictions have public hearing requirements in their local ordinances, but I think this is the product of a long-term misunderstanding of what the administrative process is and how it should work. The median income of a Davis County resident is $36,597 with a median home price of $428, 765. At the apotheosis of some of these, citizens actually invoke referenda to overturn actions by their own elected officials they dont like. SB174 Local Land Use and Development Revisions modifies the prioritization and penalties for reporting on Moderate Income Housing Plan compliance, progress; modifies provisions for Internal Accessory Dwelling Units; stipulates a uniform process for review and approval of subdivision plats, and effective date; makes some modifications to lot line adjustment process. Worth the read to get another perspective. HB206 Airport Land Use Amendments makes a lot of changes to, and encourages or even mandates entities that have an airport located within their jurisdiction to adopt airport protection land use regulations. Lewyn goes on to demonstrate the apparent variation from public sentiment at large as shown by a public vote in Massachusetts on the issue of housing: The authors suggest that the opinions of neighborhood defenders are not representative of the public as a whole. Here are some of the water recommendations in the proposed budget: $200 million for secondary water metering, with an aim to increase water conservation. Sorry to quote so much new code language, but I do it to make a point do we really need that level of detail in Section 4 of the state code on General Plans to get communities to plan for water supply and conservation? So heres the rest of the bills were following that are less significant and their status. 17,781 37,696 112%, Eagle Mtn. And now in Palo Alto, the council could act to list more homes or entire city districts on the historic register to protect more resources already deemed eligible for state or national registers, according to a report from the city council. Just to show how ADUs and the idea of the need to increase the supply of housing has become mainstream, heres a story from the current edition ofThe Economist. Better than not doing anything! WZImTMbu*u/IEpU`I8k(O ""ZeR+kJ%RKk0#t@|%y]@]wCdm]w[d&{[|96YCD|vd"X[3S8epvX,yL8M"lXSE~w1k[ w+aygzt\u\pugCUeofh-(1{Q_`pXiHwN976X=R?CC5\s"}o36"v.+?.$RiBarng$fmz+Rw\}mb@B\c*1mP{"`tq%mfh=Yuw3FTVpqLM! Let me first say that I am not going to go into much detail about the project here because it has a long history with much nuance and more than one side to the story. All of these jurisdictions are leading zoning and planning reforms of varying scope and significancesome by allowing new density and removing the exclusionary blanket of single-family residential zoning; some by removing the number of parking spaces required for development; some by rewriting local zoning codes; some by taking the law out of locals control. We are also somehow. Thirdly, Sen. Fillmore indicated that the bill would have some clarifying language about aspects of the accessory dwelling units language that was passed in last years legislative session. Statewide Transportation Improvement Program. From the story: Some residents clearly fear otherwise, saying resulting construction could alter, fragment and even destroy the character of their communities, lower property values and worsen problems with on-street parking. As might be expected, the comments from city residents went nuts, including from Andreesen. The bill is on the House floor, awaiting a 2nd Reading and vote. The bill continues on with the process, and then stipulates that the final plat must be approved by someone other than the governing body or the planning commission. Yesterday at the Leagues Legislative Policy Committee meeting, some more details about Sen. Fillmores bill were revealed, as League staff had gleaned them from discussions with the Senator and legislative staff, and from discussions by the Commission on Housing Affordability. That sentiment was echoed in last Mondays League Legislative Policy Committee meeting when this bill was discussed, with several local elected officials voicing their opinion that the constitutional right to referenda should not be messed with. The cookie is used to store the user consent for the cookies in the category "Performance". Heres a few quotes from the story: Under a proposed regulation in the city of Pasadena, for instance, those building under SB 9 may have to plant a minimum of two mature trees on-site from the citys list of native and protected species, a provision that islikely to add costs to the project., local plans are aiming to limit the size and height of new development, mandate parking spots and require that such housing be rented only to those making moderate or low incomes., those wanting to split their lot to build more housing must intend to live on the property for at least three years afterward., (Redondo Beach Mayor Bill) Brand, who is promoting a proposed 2022 state constitutional amendment restraining the states ability to override local development rules, believes that many cities may pass regulations testing the limit of whats allowed.. We usually try to focus on whats hot currently and address the thorny problems that accompany the latest hot land use issues. But its unfortunate that its gotten to this point where a task force is recommending extreme action, like the state coming in and telling people what they can and cannot have in their community. The leagues position statement on that years legislation noted that Jenkins did not first run the bill past a group consisting of the league and others representing towns, real estate and development interests. This could be an appropriate approach for an administrative action as the owners directly adjacent may be affected by the proposed action and should have the opportunity to present their claims in an evidentiary hearing! The guy who doesnt like outsiders crowding in and causing problems by wanting to live in his community? does not agree to be annexed. Well, the bill finally came out Friday, and the details are concerning to local governments. Looks like Im at it again, trying to get a regular on-line commentary going on whats happening in the rapidly changing world of community planning and land use regulation in our fair state of Utah (oops, I mean pretty, great state!). Ive also heard a few of those older homeowners make comments about their concern about their now-grown kids not being able to find an affordable place to live. The new provision that has been added in HB303 is in the land use regulations section, adding a new Section 535 Moderate Income Housing, which would allow a municipality to require a certain number of moderate income housing units in a new development if agreed to by the applicant, or if incentives are provided. Our recent drought conditions coupled with the states strong growth rate seem to have brought this issue of water more to the top of everyones agenda. great job. It would allow private developers to finance their own development improvements with the lower public interest rates and regulatory exemptions. To justify transit, higher densities are needed adjacent to and near planned future transit lines and stations. Encouraging density rather than sprawl would avoid letting the affordability and housing crisis further our climate woes, says Lauren Sanchez, a climate adviser to Californias governor. The task force was led by former Providence mayor John Drew and Cache County Economic Development Director Shawn Milne, and included public and private sector players such as business people, realtors, builders/developers, local and state elected officials, and educators. For example, in 2010 the. In addition to these interim study items, there will be the activity generated by the funding provided for the statewide conversation about growth to be conducted by the Governors Office of Planning and Budget (through state planning coordinator Laura Hansons office), and the funding for two non-profit-led initiatives on land use law and on housing affordability (these efforts will be fleshed out in the coming months through RFP processes by the Dept. The public often make statements in such legislative action hearings that are just plain untrue like this rezoning will cause traffic to make our local street fail or there will be more children than the schools can handle. In such cases, Lemar refers back to the Standard APA: Under the Model State APA, following receipt of public comment, an agency must issue a final rule, accompanied by an explanatory statement that responds to substantial arguments made in testimony and comments. Similarly, the AFH rubric required agencies to [i]nclude a summary of any comments or views not accepted and the reasons why. The requirement that the agency explain its reasoning and respond to the arguments is key. The first is the third installment of the Utah Foundations Missing Middle report, which gives the results of a survey about Utahns preferred and acceptable housing development. Covid has also led people to spend more time outdoors. Administrative actions (consideration of land use applications like conditional uses, site plans, subdivisions, and so on) are not required by LUDMA to have a public hearing. That says something about the expanding nature of this issue. 85 new lines in LUDMA. Sen. Fillmore is working on a housing bill that weve talked about in previous posts, and Rep. Whyte is working on the annual Land Use Task Force bill that incorporates the things that the LUTF agreed on during the previous year (though this year there was a lot of talk and not much final agreement, so well see what the bill winds up saying). Wasatch Front RC staff are really helping on this too. The Unified Economic Opportunity Commission at its meeting last week charged its working groups, including subcommittees (one of which is the former Commission on Housing Affordability) to report back next month with their work plans for the coming year. Instead, Spokane stagnated. The success of statewide zoning reform in the future may well hinge on the promise of that kind of state-local collaboration. A just released book from the Lincoln Institute of Land Policy, titled Megaregions and Americas Future got me thinking back to all the writing and talking I did through much of my career on the importance of taking a regional approach to major growth issues. Instead, the intention was to help provide solutions to thehousing crisis in Utah. I must note here, there was no definition given for what was considered urban, suburban, or rural, but with only these three categories to choose from, Im guessing that most people would view urban as being metropolitan central areas like downtown New York, Chicago, or even Salt Lake City, while suburban means just about everywhere else outside those urban enclaves. If you look out to sea, you can see the wave coming. Not really. Restricting short-term rentals (more than they already are) in these areas would do practically nothing to provideaffordable housing stock. Use of Eminent Domain by Local Governments and the Role of the Property Rights Ombudsman. It was a provision for what was called local non-historic lots. The language was eventually removed in subsequent versions of the bill because of the reminder that this bill should honor the process that created its main provisions, but I wondered aloud what anecdotal incident had prompted it. In 2001, Merlin was acquired by VT Group plc (known as Vosper Thorneycroft until 2002) and renamed VT Merlin Communications, then just VT Communications. Ironically, the streets of Big Water are a smattering of patriotic references: Freedom Way, Independence Drive, and Patrick Henry Court. The most support for this came from those who identified as very conservative, of which 23% picked do nothing.. At the entrance of the village stands the Acropolis, an imposing rock called Kastelos, on top of which there is the cavernous church of The Holy Cross. Gov. Probably Not, but HCD Denial Is Not Nothing.. 244plans; 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? It will be interesting to see how this bill finally ends up. Putting this language into our LUDMA, I believe, will just muddy the waters about how to handle administrative actions. Oh, and about the required thing? WebWilf Sommerkorns take on the latest in Utah land use politics and law . If they see zoning regulations as a means to inflate their biggest investmentthe value of their homethe prospects for reform are slim. Oh, man, oh, man, .. HOAs are not required or administered by local governments, they are essentially private agreements. And SAPs, under this proposal, must be reviewed and certified by the Metropolitan Planning Organization (MPO). The bill is awaiting a vote on the Senate 2nd Reading calendar. $1.5 million to help incentivize homeowners to rip out their lawns. 41otherwise punish an individual solely for the act of owning or using a co-owned home. These should be discussed first! HB265 Sentinel Landscape Amendments the bill has passed in the House and has been assigned to a committee in the Senate, awaiting a hearing there. Community members can come and register their opinions about apartment buildings, homeless shelters, dorms, and on and on. Weve known for some time now that NIMBYs, those that show up at meetings opposed to new development, are generally older, white, male, single-family homeowners (hence my letting pass without comment the scripture reference to fathers and sons). Heading into last years municipal elections I moderated a handful of city council and mayoral debates and when candidates were asked about housing density they all gave basically the same answer: We live here because we like our way of life so let other towns deal with growth. Rewrite the code to uniformly apply to all counties statewide. Well, what you do matters too. The substitute for the housing bill is now out, HB462 Utah Housing Affordability Amendments, 1st substitute which has the station area plans requirements included. Last year, HB462 required those communities with a transit station to prepare and adopt transit station area plans, with particular provisions for affordability and parking. About 18% of respondents oppose more affordable housing options, while 22% are neutral. Its being driven Im certain by our nation-leading growth rate and the crisis in housing affordability. Its quite eye-opening when you put it in the context of whats been happening here. A couple of bills on infrastructure funding: Limited-Use Infrastructure District Amendments Rep. Dunnigan, Public Infrastructure District Revisions Rep. Snider. But they dont always get things right. In the context of planning and rezoning decisions, bureaucrats and commissioners ought to solicit public input widely, from within the city limits and beyond. Le centenaire des Seiz Breur dans Ecouter Voir sur Radio Caroline. Radio Caroline is the best station there is, I've been a regular listener from the very beginning on Easter Sunday in 1964 Slogan of Radio caroline love peace and good music,And that's Caroline i love this Boat, And our friends on this,Barge Greetings from your friend Henk van Zitteren Belgium Border. Theres both merit and danger in such an approach, one that would surely engender a lot of controversy and debate. $100 million in federal COVID-19 relief funds for a local match program to help local cities and towns fund additional water infrastructure. In this years legislative session, several important things were added to Section 4 for communities to consider in planning for their futures. The discussion I just report on starts at about 1 hour 12 minutes into the meeting. Okay, part two of taking a look at Governor Coxs budget recommendations on growth-related topics. And its pretty close to transit. Now, as a cherry on top of all this, take a look at the very end of this video of the legislative wrap-up discussion with legislative leadership hosted by the Gardner Policy Institute. Home-based education entity means a person or association of persons that, for compensation, provides education services to 25 or fewer students from their primary residential dwelling, accessory dwelling unit, or residential property. Should it be? Partnership to Accelerate & Incentivize Diverse Housing Supply, loosen controls around certain housing developments, Is Utah too developer friendly? It was passed late yesterday afternoon by the House and has been sent over to the Senate. A travesty, he said, and the kind of thing that would cause the neighborhood to revolt. Theres a lot of resentment over that kind of thing across the state, he told me. But do we listen? The authors disprove this idea: commenters at zoning meetings are much more likely to be homeowners as opposed to renters, and are whiter, older and more male. This section identifies a simplified process for a lot line adjustment, but then wipes it away with the last three (3) words. More explanation behind HB95 which restricts requirements for installing and maintaining lawn/sod in this Deseret News story. A draft reportreleased Thursday by a legislative housing commission proposed a range of solutions, including eliminating single-family zoning and annual caps on home construction, allowing homeowners to add accessory units like in-law apartments and allowing up to four units to be built in lots now zoned for one. The book presents research on who participates in local land use hearings on development proposals and uses a number of cases studies and anecdotes from around the Boston area to make its points. The joint APA/League statement says the campaign will focus on improving efforts locally to address housing needs and housing production goals, including local government and private-sector capacity, identifying critical solutions, and encouraging systemic changes that enable local elected officials and developers to work together.. 42(3) Notwithstanding Subsection (2), a legislative body may adopt and enforce land use This makes me think of Cam Diehls recent comment that if a lone or a few cities are doing something different from everybody else, expect legislation to deal with it! 206(ii) the hours during which a microenterprise home kitchen may operate, except that a At the required public hearing, we got, as you might expect, plenty of comments about how inappropriate such a request was, how it would ruin the neighborhood and lower property values. Two organized community groups have also weighed in against Ivorys plans. Currently, subdivision plans could be subject to several public hearings after initial approval. Owners rent them for cash, or house family in them. Its coming from whats happening all around the country, and even around the globe. I was able to get access to the letters Kay Hoogland wrote, and they are generally about the conflicts of interest she sees of those appointed to the OVPC, which is a debate Im not particularly interested in getting into the middle of here, but she does emphasize in her letters that, in her opinion, a more extensive outreach to the community might have broadened the pool of potential PC members: It would have been easy and consistent with past practice to post the recent opening in The Ogden Valley News, but the county did not.
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