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. No new bills yesterday, nor did we see any of the reworked language that has been promised for the big land use bills yet. On the MIH plan consistency idea, Cam stated that the concept was still under discussion, that no agreement had been reached. (ii) an education cooperative; and 1212element. We can increase supply without decreasing quality of life. All this sounds very supportive of getting communities to revamp their regulatory frameworks and enable more needed housing to be built. The bill language requires coordination of the water element with the land use element, to the level of detail of different categories of proposed land use. In the ruling by the U.S. Fifth Circuit Court of Appeals, the essential decision was that because of First Amendment protections, signs cannot be treated differently and regulated by their content. Chris and Cam both noted that these ideas have been subjects of discussion for several weeks now by the Land Use Task Force, which includes representatives from both local governments and the development community, and there had been quite a bit of back-and-forth on them. Its a little different for legislative land use actions, such as general plan amendments and rezones. 257(vii) for a town, may include, and for another municipality, shall include, a An EDU is one legal sleeping room. If this is how our Legislature is going to operate we are truly on a slippery slope to hell, Moxham said. In addition to providing mobile businesses with business license reciprocity from place to place in the state, the bill clarifies previous language that put food trucks, ice cream trucks, food carts and enclosed mobile businesses under the same umbrella by making them their own, independent definitions in state law. And the classification is reasonably related to furthering themby clearing the way for the port by requiring these cities to allow an inland port and preventing them from prohibiting activities necessary to operate it. Utahs position in that statistic, indicating how construction of new housing is going? Instead, the intention was to help provide solutions to thehousing crisis in Utah. Here are some of the water recommendations in the proposed budget: $200 million for secondary water metering, with an aim to increase water conservation. There are exceptions in which counties can by ordinance make them mandatory for their actions. And its pretty close to transit. It also has shifted residents once-favorableviews on growth, with support dropping precipitously, Cox said, and residents now associating it with clogged traffic, expensive homes and a lower standards of living. The bill is HB527 Mining Operations Amendments. Some passed anyway, some didnt. The St. George and Cedar City areas also could benefit from it. The big housing bill, HB462, originally had a provision that would have done away with this restriction, but it was ultimately removed from the bill. He outlined the larger problem Washington City has faced where private housing residents fill their garages with storage items, boats or RVs, leading them to park their cars on city roads to avoid private road ticketing. Analytical cookies are used to understand how visitors interact with the website. More specifically, the Assessment is to identify and evaluate best management practices that may be used to provide a reliable water supply that accommodates anticipated growth and economic development, and provides adequate flow to sustain the Great Salt Lake and the Great Salt Lakes wetlands. The bill was substituted to a 4th substitute version and then passed by the Senate. Steve, a former planning commissioner in Weber County, really took the time to learn about land use issues and potential solutions. Based on the questions and comments from the justices during the oral arguments, Amy Howe ofSCOTUSblog. Lots of interesting information in this survey, which to no ones surprise indicates that state residents overwhelmingly say single-family homes are their preferred style of new housing development. HB169 Urban Farming Assessment Act Amendments provides that a county may limit an authorization of urban farming to either cultivating crops or engaging in livestock production or may allow both. All this doesnt sound very advisory only to me anymore. It really needs a complete rewrite, because we both agree that so much of the code is just hard to understand and make sense of, because of the way it was originally written, and because of the numerous amendments made to it over the years. The bill, HB406 LUDMA Modifications, is now in the Senate, and it is in many ways a rather different bill than the original. First, this from our fellow planner Todd Draper at Draper City (really? Apparently, the problem is not the chronic underinvestment in new construction over the past decade. It wants to steer aid to municipalities with housing-friendly policies and consider a state board that could overturn local development decisions.. Oh, wait, most land use regulating is done at the local level through ZONING! Those can be found in state code at Title 20A Chapter 7 Issues Submitted to Voters. And this for legislative actions, according to Paul, which are subjective at best. Heres a recent piece by Planetizen writer Diana Ionescu titled How Cities are Resisting State Efforts to Increase Density. Clearfield officials welcomed Wilsons remarks but offered a larger number. Hmmm. HB36, sponsored by Rep. Steve Waldrip and co-sponsored by Sen. Jake Anderegg, the co-chairs of the CHA, would disband the Commission on Housing Affordability and recreate it as a subcommittee to the Unified Economic Opportunity Commission, which committee Ive posted about before as becoming the prime state-level body looking at the issues of growth in Utah. Section 4 then goes on to list the various things (called elements) that are to be included in a general plan, some required and some optional. Heres just a nugget that I came across that so succinctly sums up what part of the bigger problem is: While at least one scholar acknowledges that conventional arguments in favor of public participation empower NIMBYs alongside the urban poor, no public participation proponent proposes a mechanism by which to distinguish the disenfranchised poor from the well-connected rich. We need public policy change to address this issue because we cant subsidize our way out of it, Parker said. https://www.planetizen.com/blogs/116842-california-cities-could-face-zoning-reckoning. The guidance in the bill is for the Division to develop and implement an integrated surface and ground water assessment for the Great Salt Lake watershed. Discussion about this bill in the Leagues Legislative Policy Committee today indicates that while not everything in this bill is great, it was the product of a lot of hammering back and forth, and that no one really got everything they wanted with this bill. Another interesting provision included in this bill with regard to SAPs is this: a proposed referendum is not legally referable to voters for a transit area land use law, as defined in Section20A-7-6, if the transit area land use law was passed by a two-thirds vote of the local legislative body. Now it is clear that the adoption of a general plan or any part of it is a legislative act and it has been my understanding that legislative acts by any elected body are subject to the referendum process by the citizens. Mayor Shepherd, we applaud the work you have done and we thank you for serving as a strong example and an effective case study as we address this issue, Wilson said. 230(C) preservation and use of healthy trees that have a reasonable water requirement or There is no corresponding change to the municipal LUDMA. A new provision regarding the prohibition of building design elements has been added to the bill. The Montana bill does this: The bill would also make an explicit effort to shift public participation in land use planning earlier in the process, inviting more public input as growth plans are being written and limiting public comment once specific projects are proposed. One of the aspects driven home from all the social science research I saw on this was that diverse groups make better decisions that uniform ones. when a handful of people in a neighborhood can get something on a ballot and overturn something fairly easily, we may be a little bit out of balance there.. A story in the Bangor Daily News (Maine) https://bangordailynews.com/2021/12/05/politics/maines-aggressive-housing-policy-push-runs-into-history-of-strong-local-control/ describes that states machinations in addressing housing affordability that sounds very similar to our own. What does the Chamber mean by smart growth? The citizens are angry enough I would guess they would try a referenda on this bill, but it was passed by more than two-thirds of each chamber of the legislature, so it wouldnt even be eligible to be referended. It would allow private developers to finance their own development improvements with the lower public interest rates and regulatory exemptions. requirements for outcomes and reforms should be tailored to jurisdictionslocal conditions. 86 new lines in LUDMA. These sections state: a city/county may not impose a requirement for a building design element on a one to two family dwelling. Also if it includes residential development, the application must then be processed on a first priority basis. Send in your cards and letters, folks, as you read these bills and spot something of interest to you. The bill died on the Senate floor. WebThe Caroline Community Radio studio 648 AM Staff were sent recently to Orfordness to connect the 648 transmitter to one of the 350ft main aerial masts instead of the 160ft standby tower. This is demonstrated on a regular basis whenever new development projects are proposed in most communities. Currently the code only requires notice to individual property owners in proposed rezones, 10 days in advance. Senate Bill 1117, sponsored by Sen. Steve Kaiser, R-Phoenix, stipulates that lots smaller than 4,000 square feet be made available for the development of multifamily projects such as duplexes, triplexes and fourplexes, according to Kaiser. The increased adoption of zoning and planning reform is spurred by multiple drivers. 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. Some of these water situations are taking much longer than that to resolve. The second thing I read was a piece on The Atlantic website titled Community Input Is Bad, Actually, by Atlantic staff writer Jerusalem Demsas https://www.theatlantic.com/ideas/archive/2022/04/local-government-community-input-housing-public-transportation/629625/He introduces the issue this way: 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. Utah Sen. Mike Lee has a bill that would let state and local governments buy federal land at a discount, to be used for the construction of affordable housing. The other big land use bill, HB303 Local Land Use Amendments, is awaiting a vote on the Senate floor, after which it will be sent back to the House for their concurrence, so its close to being done as well. Where the local non-historic lots provision will show up well, read on. Apps: we may also list official apps to help you tune in on Radio Carolines page. Alternatively, the county governing body has the option to designate land use authorities for various processes, so it could designate itself as the LUA for these types of conservation applications, but this would require some education of everyone involved. The lake bed itself is sovereign state land, so here we have the issue of the state retaining land use control over state lands, which the Authority would have, and thus be responsible for whether and how any such islands, if they are created, would be developed. $250,000 to go to a nonprofit entity that provides education and training on land use law, to provide regional land use training and workshops to local officials and policymakers on housing issues. Much of this flurry of activity is rooted in the nationwide discussion of late about zoning reform, which usually seems to mean the watering down or elimination of exclusive single-family zoning. With this having been an administrative item, the board reviewing the project could very well have dealt with these claims by asking, wheres the evidence? Such incidents point toward the concept of perhaps stipulating rules of procedure for administrative land use hearings. The recommendations included many of the things found by other places in addressing this critical issue. Having said that, the language in this substitute bill is better than what was in the original bill in that it says if an entity wants to have a public hearing on a preliminary plat, you can have only one. Spencer Cox at the Salt Lake Chambers Economic Summit, I think the wave thats coming is getting bigger. Heres what he said: I took an economics class when I was your age, and the one thing I remember is that when demand exceeds supply, prices go up. You can buy DAB Digital Radio receivers at Amazon.co.uk. This is for individuals wanting to install a solar or wind energy generator on their home or property. The coordinated structure means the regional body is able to lobby and achieve outcomes at other levels of government. As a developer told us in a forum last week, he said, theres also a concern that as-of-right zoning could have so many restrictions that it ends up being infeasible. Even well-meaning rules, such as affordability requirements or environmental standards, can put a chokehold on new supply. Looks very possible. Interesting attempt to deal with some of the issues of STRs. 255(E) adopting water concurrency standards requiring that adequate water supplies and October weather, all year round! As the Journal noted in its story: Nobody on the comment thread suggested that building restrictions might lead to higher home prices a situation Cache Valley finds itself in even in the midst of a residential building boom but several locals did say they wish for more affordable housing in the coming year.. I cant wait to see the fiscal note on this one! As a result, the number of housing units permitted in Minneapolis doubled from 2015 to 2020. Zoning Plan Amendments not sure what this is about. And finally, to the issue of locals finding ways to circumvent top-down mandates, theres an interesting piece in the San Francisco Chronicle (its paywalled) about how that city is attempting to do that. That could be a townhouse, he says. That indicates a significant issue. Now of course, no one really seems to be able to control what other bills on land use get introduced, and there are some real humdingers that come forward. None of this reflects how our system is supposed to work. There appears to be some possibility that this year will see some kind of standardization requirement with possible options for justifiable variations. It has to do with supply shortages exacerbated by the pandemic, and with a shortage of construction workers. Some said they had already worked to upzone certain parts of their cities. Part 406 of Section 4 states that no public facilities can be constructed or located in a community unless it conforms to the general plan. Ive picked up word that this bill was specifically triggered by a proposed action in a Wasatch Front community, which has since been resolved, but that hasnt stopped this proposal from moving ahead anyway. They are both working on getting more water, but until they do, new home building may be stopped. However, Fillmore said that can be sometimes problematic. (ADUs) are starting to be Airbnbs and short-term rentals. To achieve this,we propose the Food Truck section of state code have a definition for Enclosed Mobile Businesses added to enable microentrepreneurs who wish to operate such businesses the certainty that if they get permits, pass any required inspections, and abide by lawful city and county regulations, they can operate throughout Utah without the hassle and cost of redundant processes. Additionally, the state Division of Water Resources working with the Babbitt Center for Land and Water Policy and Western Resource Advocates are sponsoring a Utah Growing Water Smart workshop this November. 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. This bill would require the Ombudsmans Office, every year, to conduct a review of every local governments land use ordinances, policies, and written actions on land use issues for compliance with state requirements, and to issue a report on such by October 1 every year. Were taking houses, and were turning them into hotels. Examples of what Im referring to are MIDA (Military Installation Development Authority), Point of the Mountain Land Authority, Inland Port Authority, and the proposed Utah Lake Authority. While this provision specifically refers to actions by the state legislature, some believe that this would also apply to legislative actions taken by local governments. Yesterday, Gov. DEN)bi62mPwx,2-Y_+_L2Q.X?BRQ_u] ohhk8fRM1NUe;lv'h,Rhz* *e. This was a considerable step back, however, from the bill as originally proposed by the Maine House Speaker earlier in the session. Hmmm. Subordinating that to an adversarial legal process is by definition subordinating the voting public to thesmall groupof people with the time,resources, and incentives to sue. 227(A) reduction or limitation of the use of lawn or turf; Her article, titled Overparticipation: Designing Effective Land Use Public Processes, was published last year in the Fordham Law Review. Ive been debating with myself as to whether I should keep piling up statements and stories indicating that this will be a year to be reckoned with on land use. In a paper titled The Erosion of Home Rule through the Emergence of State-Interests in Land Use Control by John R. Nolan published in the Pace University Environmental Law Review, the author cites some issues that have occurred in New York State along these lines. I think weve certainly had the upside to this boom here in our fair state. 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. My ancestors founded this town, and they planned it perfectly already. In the legislative session just completed, one of the land use tools passed was inclusionary zoning (IZ). UTAH CONST. Ironically, the streets of Big Water are a smattering of patriotic references: Freedom Way, Independence Drive, and Patrick Henry Court. Having said that, we still dont know exactly what the bill is going to say about the subdivision process as we have not yet seen the language. E@3ZeU\}g? Spokane could rezone, but why would they? That this conclusion is in the duh! category is reinforced by the fact that both our Speaker and Senate President work in the development industry, as well as other members of legislative leadership. 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. In her latest piece, Demsas talks about how well-meaning environmental laws, particularly NEPA and several similar state environmental protection laws, have evolved to stymie change of any kind, even the normal processes of growth and change in our communities. Most of this area is under the water of Utah Lake, but not all. Weve already started down that path here, as evidenced by requirements for beefed up moderate income housing plans (not just advisory any more, with likely more to come), mandates for accessory dwelling units, and limitations on residential design standards. Some states and towns have been changing the rules to allow in-law rental apartments to be built onto existing houses. Fixer-uppers in Bokovoys neighborhood go for$1 million. Whew! It not only governs where we can put housing and factories and parks and shopsit actually has significant impacts on the economy, and even, I think, the very structure of our society.. (If only it actually worked that way, but no, sorry, it doesnt). It creates a new Division of Conservation in the Department of Agriculture and Food. This is done by requiring written findings of fact. At least 14 of the homes would have built-in accessory dwelling units, or ADUs. Let me know if youre interested in this. This is far beyond just a local problem, Gov. But not required, which I get the impression is what state officials were hoping for here. As a result, fewer people participate in planning, and those who do participate are undermined by later participants in the development approvals process. This aint over, folks. Anyway, one of the big anticipated bills down! His main message was that he is not interested in having the state dictate zoning policy to local governments, rather he wants it to be a cooperative venture where state and local officials can work together to craft approaches that will address the main concerns (like housing affordability) and do it in such a way that there will be a better chance of implementation and success. ), but Ill just commend it to you to read. Wither the future of. STILL waiting for the big land use bills, and there are only two weeks left. Well, pretty much every recent subdivision plat includes a ten foot wide public utility easement around the boundaries of each lot. Were just the first ones.. It goes to show that when Utah puts our minds on a target were really effective at accomplishing those goals. 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.. In the end, the bill that was passed only prohibited enforcement of STR regulations with the sole evidence being advertising on websites. In addition to some commentary that will be coming on this blog about some of the bills, there will be legislative update sessions coming up where we can discuss the bills live and in person! The Land Use Task Force bill is now out. Katie McKellar, the writer on housing issues for the Deseret News, had a long piece published a couple of days ago that really put into perspective the generational inequalities created by the current housing affordability crisis. Changes in zoning can make a big difference. Park City officials and staff members spent months crafting an ordinance that limits fractional ownership homes to certain zoning districts but a bill pending at the Utah Legislature could wipe out that effort. A couple of council members mentioned that they had heard about the previous discussions about duplexes or twin homes and wondered why that had not moved forward. A couple of new bills popped up yesterday, nothing major. (IZ is) inefficient. If once millennials were accused of failure to launch, now were faulted for launching too aggressively. It appears to me this is trying to give a cause for enforcement action to such unauthorized STRs because in the STR bill passed by the legislature a couple of years ago, it stated that advertising an STR on-line could not be the sole cause of action for enforcement against such facilities. And then there are all those other little things beyond the communitys control, like cost of land, cost of materials, builder labor availability, financing and interest rates. 216section. In those training sessions, I always point out that the land use process in Utah consists of two main functions the legislative and the administrative (theres actually a third the quasi-judicial, but I digress). Webradio caroline 648 coverage map ut martin head football coach salary. 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. So there are lots of comments from the likes of university faculty, housing advocates, and low-income representatives. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. She mentioned that a large part of HB462 was devoted to the requirement for communities and UTA to develop station area plans around fixed-rail transit stations. Another of the subcommittees is on attainable housing, chaired by CHA member Chris Gamvroulas of Ivory Homes. Most recently again from Summit County, where the county council considered taking action to. Just as many housing rules are mildly defensible in isolation, you might say theres nothing wrong with people offering feedback on construction that will affect their neighborhood. Oh, and about the required thing?

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