Take look, its most telling. But it seems that the door may be open for more missing middle type development, even in single-family neighborhoods, as seemed to have been the case in this rezone story. The bigger question may ultimately be not who should be adopting and implementing these new policies, but has enough consideration gone into them beforehand? These areas often contain affordable housing and industries friendly to remote work. Some of these water situations are taking much longer than that to resolve. 649(ii) traffic; and Theres even a growing chorus of calls for zoning reforms that allowcorner storesand otherneighborhood-serving retail spaces in residential areas. Miranda Jones Cox at WFRC has put together an excellent summary of what SB140 Housing and Transit Reinvestment Zone Amendments does. The backlash against the wind industry also exposes the growing social divide over climate change and how much each American will be required to do to slow it. Perhaps, this is a temporary station problem. 1173(C) a local historic district or area, or a site designated as a local landmark; 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. 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). Los Angeles issued permits for nearly 6,700 units in 2019, up from about 4,100 in 2018. As noted in previous posts, the emphasis that has been placed on the general plans of communities to deal with a variety of important issues housing affordability, water use, and transit/land use has been quite significant. [4] The French service closed in 1995,[5] and the BBC's German service in 1999, and 648 reverted to being English-only.[6]. The next is a bill that is not specifically land use-oriented, but does affect local land use processes. The 6th substitute of the bill was passed by the Senate yesterday afternoon, and concurred to by the House this morning. The tone of that posting was echoed by a story in the Trib last week, https://www.sltrib.com/news/environment/2022/07/04/building-booms-wasatch-back/. The thought came to me, what if we tried to do something similar here along the Wasatch Front, but for housing affordability rather than climate change? It was supposed to drive dense development inside cities like Spokane. UTAH CODE 11-58-201(3)(a). In 1975 and again in 1983, the New Jersey Supreme Court declared, in a ruling on a suit on this issue, that municipal land use regulations that prevent affordable housing opportunities for low income persons are unconstitutional and ordered all New Jersey municipalities to plan, zone for, and take actions to provide realistic opportunities for their fair share of the regions need for affordable housing. We need to want these things more than we want to prevent these things. The housing crisis were in has developed over the last decade, and its going to take a decade or two of consistent policy to get us out of this.. Lastly today, theres a lengthy and detailed story in the DesNews on the background and fallout to SB84 HTRZ Amendments and its very controversial last minute amendment regarding the Dakota Pacific development in Summit County. Click a button below to listen now in your browser. If those public officials saw these opponents of new housing as just purely selfish, individualistically motivated, they might be unlikely to hold the same political impact as a group of folks who representing the neighborhoods interests. Heres a good object lesson about how badly such an approach can go, of course again from California, in the LA Times Los Angeles must rezone to accommodate an additional quarter-million new homes by mid-October after state housing regulators rejected the citys long-term plan for growth. 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. As to the relationship to the high cost of housing, one of the conclusions from the study says: Lots of great source material here for the development of policy about housing in our pretty, great state (that fewer can afford to live in now!). This list not only seeks to tell state officials and legislators what the business community thinks is important, but local governments as well, as many of them would require action at the local level. The paper is broad and covers a lot of topics related to municipal home rule and state pre-emption, one of which is local land use. To mitigate it, he first worked with the university, helping implement an information campaign calledHappy Neighborsthat publicized the citys overnight quiet hours and warned students about the potential for public-nuisance fines. This had been the subject of discussions in the LUTF, but I dont recall there being agreement on what to modify. Similar to such measures in a number of other states, the Polis proposal would mandate certain zoning provisions in most metropolitan communities, and would require local plans to accommodate new affordable housing. And as I said, this substitute bill has passed the House and will now be taken up by the Senate. Moab is at least 15% vacant, Reibe echoed. CHA co-chair Sen. Lincoln Fillmore expressed his hope that the subcommittee would soon come to agreement on actions to be considered, as he is due to report the CHAs recommendations on what to do to the full UEOC, which is chaired by Governor Cox and includes House Speaker Brad Wilson and Senate President Stuart Adams, in November. A lot is attributed to cost of materials, and loss of workforce during the great recession and no one coming back in to refill those jobs. But in another way, the bill goes beyond where we have ventured so far in our state in the separation of the processes for legislative and administrative land use actions. WebListen to Radio Caroline online. Also, no more than 15% of property could be used for commercial purposes. It is some kind of paradise. Wasatch Front RC staff are really helping on this too. If the planning process is robust, we should be able to make the development approvals process more predictable. As Ive noted in previous blog posts (see December 31 and March 10 posts), the annexation provisions are a mess in our state code. The issue of STRs will the be subject of a session at the upcoming APA Utah annual conference in Lehi. Housing Development$250,000 Monday of week 5 of the Utah legislative session, and Happy Valentines Day! The only problem is, these bills have come out so late in the session there may not be enough time to resolve issues, particularly if theyre complicated or controversial. The bill, Fillmore said, would streamline city approval processes for subdivision plans by requiring only one public hearing at the beginning of the approval process. Coxs office said this week he was still reviewing the bill. As such, it is not the county governing body, but could be a planning commission, another body, or even a staff person. I think well see more initiatives like this coming soon around the state, coming soon to a neighborhood near you! First, the Utah Foundation survey, titled Utahns Housing Preferences. If once millennials were accused of failure to launch, now were faulted for launching too aggressively. This is getting to be a trend, and I think the numbers are only going to grow! Watch out, folks, the knives are sharpening. In the end, the bill that was passed only prohibited enforcement of STR regulations with the sole evidence being advertising on websites. This bill would make some changes to the way mining operations or mining vested rights are determined and treated. But do we listen? Oh, and lest you think that this all has little to do with our land use policies, the column also makes this observation: Economists cared less about land in the 20th century. Burdensome, restrictive, and unnecessary regulations have left Montana with a longstanding shortage of housing that continues to drive up the prices Montanans pay for their home.. He marveled at a white-brick apartment building that he called contextual, and pooh-poohed a 1950s concrete number for being non-contextual. Berkeleys homes are what make Berkeley special as a place to live, he said. Meeting participants were also 25 percentage points more likely to be homeowners and were significantly older, maler, and whiter than their communities. 3) Current conditions/impediments to Watch for more on this. Something worth considering. The subtitle says, Housing market needs more supply to solve affordability crisis, so Utah leaders looking to break down barriers for development. Hint, hint? Its worth the read. This is a new phenomenon, Cox said. and homevoters (remember Zoning Rules! (If only it actually worked that way, but no, sorry, it doesnt). As a legislative decision, the cards are all in the hands of the municipal officials as to what conditions they may put in place in order to consider approving annexation of property. As noted in an earlier post, the state is recognizing that incentivizing businesses to come into the state not only brings economic benefit, but also impacts our local resources like transportation and, more critically at this time, available housing. What I find rather interesting is that the study finds that: Most survey respondents (60%) support more affordable housing options in their neighborhoods, with 38% strongly favoring more options. Last nights State of the State speech by Gov. Allows HTRZ to be proposed around a light rail or BRT station (currently HTRZ is only allowed around FrontRunner commuter rail stations). In truth, for administrative matters (subdivisions, conditional uses, site plans, etc) it really isnt a factor. Hmmm, So it begins. With an initial $141 million investment, The Point will be a transformational attraction that serves as an innovative model for integrating housing, employment, recreation, and services that are linked by highways, transit, and active transportation. So thats where weve been in the last year, and portends some of the challenges we have ahead for the coming year. The Point authority retained this land use control, and local officials were again included on the authority governing board. When the National Security Agency was looking around nationally for a site for its new super computing center, it settled on building it in Bluffdale, again on federal land (Camp Williams) with locally provided infrastructure and services, again all coordinated through MIDA https://archive.sltrib.com/article.php?id=51391693&itype=CMSID. And finally, the futility that trying to impose top-down legal or legislative mandates fails to win hearts and minds and achieve real and lasting solutions (I may be exhibiting Pollyanna-ish thinking here, but its maybe worth a try, heaven knows Californias approach doesnt seem to be working). So where do these headlines come from? We cant build nearly enough housing in our cities with surging economic potential which results in crazily skyrocketing housing prices in places like San Francisco, making it nearly impossible for regular people to move in and take the jobs of the future. And crazy things happen in these last hours as well. Besides the local regulations that are in place that limit housing, Thompson then pays particular attention to the processes local governments have for getting new projects approved or the rules changed, which allow or call for public input. She relented and noted that the language in the housing bill doesnt exactly say that (right, it doesnt, see the quote above), but . Keeping an eye on this one. This story is not a good example of when state pre-emption may be warranted, but for my purposes, it does bring to front of mind again the question of, when is it appropriate for state-level officials to intervene in and override local policy processes? The bill makes some modifications to the Airport Zoning Act in state code to try to encourage (a word that is used in the new amendments several times) and accommodate better coordination and cooperation for protection of airports and land use around them. First, it creates a new definition of administrative land use authority. It does this, it appears, to distinguish it from the land use authority definition for the rest of the LUDMA, which can include the local legislative body. The recent shooting deaths of two people at an STR in Draper just add lots of fuel to this fire.). High-school seniors are enraged. There are several others that might relate to land use as well but also may not, well just have to keep an eye on them and see. As Craig Call so ably states in our land use training seminars, this is a very low bar to clear, and the courts will stay out of this arena as it is clearly a legislative decision, not a judicial one. 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. See my April 14 blog post for more on this topic, which continues to grow. great job. A zoning ordinance might allow it to be installed but have requirements for where its allowed to be installed due to concerns about things like community aesthetics. The substitute again makes no major changes beyond what we have already described, mostly just rewording and some adjustments. The subdivision process the bill would establish I want to spend a little more time and detail on. In this years legislative session, several important things were added to Section 4 for communities to consider in planning for their futures. They are: There was also discussion about Limited Infrastructure Districts (LIDs) which is something similar to Public Infrastructure Districts that were created by the legislature in 2021. there are 8,000 nightly rentals countywide, which is about 22% of housing in Summit County. This program is intended to help build a cadre of trained people who can assist in conducting the required land use administration training that is now required for all planning commission members, as well as for others. HB291 Short Term Rental Amendments this bill was assigned to a House committee at the end of January, and is not moving very fast, likely because this is a rather controversial topic and there is still a lot of ongoing discussion about this. Hmm, I need to ask Jordan. And SAPs, under this proposal, must be reviewed and certified by the Metropolitan Planning Organization (MPO). As I noted earlier, there are plenty of examples of where top-down mandates often lead unwilling communities to find ways to subvert those new mandates. Existing homeowners who dont want more traffic and more homes in their neighborhood keep what he says are outdated, exclusionary zoning rules in place. The question just is, in what manner, what will the damage be, and how do we maybe channel it in positive directions instead? The bill would prohibit municipalities from annexing land within 5,000 feet of a U.S. military or Utah National Guard facility, unless the military agrees to have the land annexed. The demand built up a steadily rising logjam in available homes, and that was especially true in Utah, which had the fastest-growing population in the nation during that decade. )U6BH!PM"GF%hf/OHmoS@7nSk0wk%V+d0/ODv. Ultimately, local governments need to get rid of these time restrictions and start respecting both free speech and an individuals private property rights. He also said that in a constitutional republic the true referendum process is found in local elections where members of legislative bodies are elected. So this wont hold, right? Even some suburban cities are now coming around toaccepting more housing per acre. I know you wont listen to meyou NEVER do but those are my two cents. Only one new minor bill out yesterday, HB407 Short-Term Rental Enforcement Amendments. As discussed in an earlier post, we have been approaching statewide issues in Utah with location-specific regional entities like MIDA, Inland Port and so on. To address affordability issues, about 46% of survey respondents would accept middle housing in their neighborhoods. And Utah Lake continues to stir up lots of churn. For all the frequent meeting and talking thats been going on by the LUTF, there is really not that much that seems to be moving forward. There is so much churn going on right now on legislative proposals for land use related topics, its hard for me to sort it out and share it in some reasonable manner. One of the things I really like about Daybreak is you have different types of housing all in the same neighborhoods. Minimal advertising, a marvellous diversity of music, songs and bands I have never heard before, reassuring to learn there's lots of great music out there, however, great new music won't come and find you on commercial radio stations, you have to get out there and go find it. Our good friend and fellow legislature-watcher Mike Hyde at Duchesne County sent me a message yesterday saying, hey, that subdivision process change doesnt apply to counties. Nothing really new to report, just waiting for the bills to pop out so we can see the actual language. And that mentality is really robbing our kids of a stable financial future. Eskic went on to read a letter from a concerned citizen to a local Utah city council, in which the resident opposed a proposed townhome development and said they didnt want to live next to the kind of low-income people who typically reside in high-density housing. At the risk of beating a metaphor into the ground, if youve been reading previous posts here, you know that Ive been saying that the nationwide wave of zoning reform in many states and communities is sort of headed for Utah. The bill also confers upon such a property the following extraordinary rights, including that any conditional use applying to such properties are now permitted uses. Are rural Utahns sacrificial lambs for residential high-density development and a concrete jungle with noise, countless trucks and trains coming and going? The bill would add to the list of elements that are required as part of a community General Plan a water use and preservation element. This is added to the other elements that are required, which are land use, transportation and traffic circulation, and moderate income housing. Once it reaches regional agreement on policy and products, such as. 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? It would not, on its own, solve a shortage the Kem C. Gardner Public Policy Center has estimated at about 44,500 housing units in Utah, alone. The power increase will therefore contribute to fulfilling this demand and broaden choice in how the community of interest in the extended area access the service. In time, get off my lawn became not in my backyard, and complaints and flyers and community meetings became lawsuits. Where the local non-historic lots provision will show up well, read on. Because of federal defense funding cutbacks, a number of military bases around the country were being looked at for closure. The subtitle to the story says. As she explains, much has to do with the dynamics of existing market conditions and building climate. Interestingly enough, however, it seems that the reaction was negative from both sides! 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. In fairness to those being pummeled by these letters and the news story, the response has been. Here are some more bills that have some land use and planning related aspects to them: HB196 Eminent Domain Revisions expands the ban on the use of eminent domain for a public park to any type of public park, whereas current language is for public parks that are primarily for trails or walking or biking (why is there such an opposition to this?). This approach has been used in a number of places around the country lately take a look at such moves in California (and some more California), Massachusetts, Washington State, Toronto, Montgomery County, and many other places. One of the bigger elements affecting the affordability of housing projects is parking requirements. Well find out in the Senates afternoon session. But some have been converted into multifamily units or mini dorms occupied by students. The Housing Affordability subcommittee, formerly the Commission on Housing Affordability, reported on the largely unacknowledged issue of housing availability in rural Utah. Gov. FM, and Television Broadcast Single The biggest driver of reform has been the lack of affordable housing, which is wreaking havoc with local economies, said M. Nolan Gray, author ofArbitrary Lines: How Zoning Broke the American City and How to Fix It. On April 25, I posted on this blog about public meetings and hearings, the issues with the way they are conducted these days, and whether they are actually helping or hurting in the overall process of land use administration and policy-making. SB140 changes units/acre to equivalent dwelling units/acre (EDU). The news story features a couple of letters written by an Ogden Valley resident, Kay Hoogland, to the Ogden Valley News about those who are on the planning commission: In her view, the planning commissioners gauging by their professional backgrounds are skewed too heavily to the interests of builders and developers, and therefore arent representative enough of the broader population. The Utah Lake Authority bill was originally proposed in last years legislative session, and that one would have given the Authority jurisdiction over some of the lands adjacent to the lakeshore, which caused a lot of concerns and ultimately put the bill on hold until this years session. It started with a flyer circulated online in advance of Thursday nights talk, which took a negative view of the overlay and its potential impacts on neighborhoods long reserved for single-family homes. It is a general problem that exists. Keep your eyes open! If we want less expensive housing, we simply need more of it. Additionally, note these funding provisions that were passed as part of the housing bill, HB462: Housing Development$250,000 Unanimous! In other words, without an approved housing element, cities cannot regulate density. More on that upcoming in a future post. A planning process that explicitly describes the problem paves the way for later determinations of whether the problems have, in fact, been solved or exacerbated. Some of the most significant changes in how we do land use in the state this year were amendments that were made to LUDMA in Section 4 General Plan. To be clear, no one is seriously proposing building high-rises in either of these places. Zoning is the most significant regulatory power of local government, she said. Housing costs are complex because nearly half the cost comes from local rules and preferences rather than just materials and labor. For example, note this language adopted in 2019: 17-27a-609. Ignore the persistent supply-chain problems and tariffs that have increased the cost and build time for new construction. Within just the last few days, the HSA steering committee was announced. It was substituted and passed out favorably in committee yesterday. q smL|%}W1nk9Yre>J5;PVPu&EmggVa9eeRjeh2HH%U]/Ic3zYH?3n_ZnwY{>8J*ZyYg)WYInFgYeCjb_K^RQ^z/.UO`lP^sDDxQ"hp?bqj" I guess thats whats keeping us all up at night trying to figure it out. The bill also uses the term master zoning plan, which is not a term used elsewhere in state code, nor for which there is a definition provided. And theres a lot more lines after that!). The Station Area Plan element, however, has no such ambiguity it requires that the SAP element be submitted to the relevant Metropolitan Planning Organization for review and certification, and that the element include a 5-year implantation timeline, including for when needed changes to land use regulations will be made. This was an offshore pirate radio as Ronan didnt obtain any license. Its an ambitious plan, with lots of parts, programs, and pieces. The STR industry attempted in 2017 to get the legislature to pass a bill that would prohibit local regulation of STRs, but that effort predictably ran into a buzzsaw of local government officials who were getting earfuls from their residents about STRs in their neighborhoods. What Is Zoning Reform and Why Do We Need It? But internal communications suggest Utah is stymied by politicking, with groups such as the Utah League of Cities and Towns, which lobbies on behalf of municipalities, fighting against aggressive policy. The code itself is now, as a result, full of contradictions and inconsistencies. And as we know, the best way to solve such one-off issues is to pass a law about it in the legislature!). This issue was the primary topic explored at this years Utah Land Use Law conference https://utahlanduse.org/wp-content/uploads/2021/08/2021Brochure6p12.pdf. 2) Current and future land use opportunities How the regional impacts of local land use decisions are to be controlled is an enduring problem still seeking a solution in this state.. In 2021, Freddie Mac financed 554,000 loans for first-time homebuyers up 22% from 2020. Cam will really be a planner in all but name by the time hes through with this. 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! And thats causing a problem thats causing a problem in our community, because theres not enough housing., In The Montana Free Press yesterday: Gov. 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. I apologize for picking on these two communities to make my point..Unfortunately, stories like this are not uncommon. [13] Test transmissions began in November 2017 and full service commenced on 22 December 2017.

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