Just about two weeks into the legislative session and still waiting to see some of the major land use bills that have been talked about forever. Is this the case in Utah? Sotomayor noted that distinctions between on-site and off-premises signs proliferated after enactment of the Highway Beautification Act of 1965, which directed states receiving federal highway funding to regulate outdoor signs near federal highways. Clearfield City is arguably a community in our great state that has done a lot in recent months to grow the supply of housing, much of it something other than single-family homes. Hmm, I need to ask Jordan. Parker is expecting the Utah Legislature to increase both the carrots and the sticks for cities during the upcoming session to address housing challenges, but the state cant just buy its way out of the problem. Gehrke cites the standard in the U.S. Supreme Court sign case ruling in Reed v. Gilbert, AZ, which says in part: the court unanimously found that city ordinances that treat certain signs differently based on their purpose and message are unconstitutional, since the ordinces are regulating the content of the speech, not merely how it is being said. Further, if applications are filed before the housing element is brought into compliance, cities will be bound by the regulations in place at the time of the applications filing. Ah, well. 212microenterprise home kitchen shall be permitted to have at least two employees from outside of From a political perspective, I think theyre (local officials) going to hear increasingly fewer strident voices of opposition at public meetings in the coming years. Let me know if youre interested in that. Im pretty sure it hasnt been enough, as the pressure continues to build. These areas often contain affordable housing and industries friendly to remote work. UTAH CODE 11-58-205(5), -205(6). The collateral damage in so many political battles could be yet another step back for the legal power of the planning profession. Beth suggested that this provision should perhaps be considered to also be applied to the requirements for MIH plans and implementation. 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. Well, we get a better definition in the list of priorities for housing: We support incentivizing housing near high-capacity transportation, jobs and other destinations, including transit-oriented, mixed-use developments that make smart use of land and allow residents to live in walkable, accessible communities. . A complete rewrite of the annexation chapter of the state code was agreed to (without any major policy changes, just a reordering and cleaning up of the code), which is being worked on now. The big changes in the bill: I really encourage all local government planners and officials to look over the subdivision plat approval process that would be enacted by this substitute bill. Salt Lake County has a 38.7% home price appreciation in the last three years with homes costing as much as 77% of a residents income. Local Land Use and Development Revisions Sen. Fillmore, Land Use Development and Management Modifications Rep. Whyte. I suppose the answer to that is because its something developers want. That indicates a significant issue. Ive had some time to peruse them and give you some of my analysis and comments on them here. And to the argument that local governments are, if not the primary cause, at least one of the main contributors to the housing affordability crisis by making it difficult to build more housing, take a look at the most recent construction report from the University of Utah. Some people think were trying to control the growth by having a moratorium, but that is not the truth.. Bills or provisions that come out now are usually one of two things they are supported by leadership and will move very quickly, or they are messages not meant to be passed in the short time left, but to send a message to those engaged on those issues. Municipalities can be sued and forced to build housing at the expense of their taxpayers, most of whom are already housing burdened. 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. Only 5 percent of commenters were nonwhite, as opposed to 13 percent of all voters. McKellar tells the issues that first-time homebuyers, and even renters (recently, especially renters!) Wow. These battles prompted several bill proposals in the last legislative session, and another being discussed currently by the Land Use Task Force (about third party standing in legal challenges to annexations). the opportunity to offer evidence, cross-examine adverse witnesses, inspect documents, and offer evidence in explanation and rebuttal. Not sure that it will go anywhere, but one never knows. These efforts will be designed for immediate implementation by local leaders, planners and others working to combat the housing crisis. Ive got more interesting stuff to share, but Ive got to run right now, check back soon. There was even a piece written about that not long ago that I posted about. Cox speaking during an online chat held by the Washington-based J. Ronald Terwilliger Center for Housing Policy, in which he touched on a number of growth and housing issues in Utah. You can read more of the details of the history and subsequent actions in New Jersey at the Fair Share Housing Center website. Housing subcommittee co-chair Steve Waldrip also talked about the current effort underway to attempt to develop a metric to measure the shares for housing affordability among communities. I guess it just seems to be the nature of the legislative political process. House Bill 1110passed overwhelmingly on a bipartisan 75-21 vote. This is a very specific definition and obviously seems to be referring to a specific situation somewhere. Ill start with an update on whats happening with the requirements for Moderate Income Housing Plans (MIHP). WebMany of these coverage maps can be examined in greater detail (including 3D terrain visualization) with one of the Google Earth packages available in the Coverage Maps area . Economically, only 54% of housing units in California are owner-occupied, a full ten percentage points lower than the national average. 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. Not always perfect, but some are very extensive and detailed, others not so much. Neighborhood street layouts vary, with older neighborhoods and the historic core marked by traditional street grids and newer neighborhoods utilizing meandering or cul-de-sac road layouts and block patterns. As I noted earlier, this bill (and the others) are coming out very late in the session and will need to move fast if they are to make it through. Okay, on to some other bills. This language needs work! I want to talk today about state-created Authorities, which seems to be the approach we undertake in Utah for multi-jurisdictional (regional) economic and land use issues. [7], The 648 channel came back on the air in August and September 2011 as a temporary measure for the Dutch domestic news/information network Radio 1. How much people support and help each other. I have stories from the Avenues, and I have stories from Draper I have stories on the right and the left when it comes to NIMBYism. The property proposed for rezone was a half acre located on the corner of the intersection of a subdivision street with the busy Main Street (a UDOT collector road, with Davis High School right across the street). Still, it points out what is on the radar screens at the national level zoning reform! Ill also describe briefly the topics that were addressed in each bill, as some (most notably the LUTF bills) covered multiple issues. A council member. Not just taxes and fees, but every requirement placed on a builder including the time it takes to make those decisions increases the cost of a home. Why? I called this years legislative session the year of the planner because of all the planning- and land use-related legislation that was passed, and all the programs and funding that were approved as well. Isnt this just democracy in action? 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. The availability of quality healthcare services. Weve heard lots lately about the missing middle and how it should be allowed in many traditional neighborhoods. So does that sound like a place where locals officials are stymieing new housing construction? Summit County was not happy about all this, as you can imagine. This requirement is not explicitly imposed in any other administrative land use process, but if the LUA is a board or commission (often the PC), all their meetings are required to be open to the public. According to Wikipedia, it is someone who is a member of the profession who is engaged to provide practical (clinical) instruction of students, in this case, the law. This I think is a disservice because its becoming more difficult and incomprehensible to the average planning commissioner, local elected official and even planners. Such zones are to be located within a commercial or industrial zone, and the local entity must be willing to provide for local incentives for identified businesses. 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. Such actions could be achieved by a housing affordability compact as well. At this point, it looks like only the amendment that would prohibit local noise regulations against ATVs has been included in the bill, but it aint over till its over. Families seek out this area because of its character and zoning, he added. The St. George and Cedar City areas also could benefit from it. If this ruling establishes precedent anti-housing groups could very well challenge any comprehensive plan they dont like on vaguely environmental grounds, forcing cities into years of litigation and zoning chaos, a local scholarwarned. Putting this language into our LUDMA, I believe, will just muddy the waters about how to handle administrative actions. We demonstrate that these individuals are overwhelmingly opposed to new housing and demographically unrepresentative of their broader communities across a number of important domains. Furthermore, the studio location means that the station attracts and engages volunteers from both the existing and extended coverage areas. does not agree to be annexed. As noted frequently, a number of states (and in some cases, large cities) are attempting to deal with this through what is collectively now being called zoning reform. Ive written about many of these previously, and heres just another recent example: New York takes aim at apartment bans: state bill would allow up to four units on lots, ban exclusionary policies. Im back! Department of Housing and Urban Development spokesman Michael Burns noted that in addition to proposing funding for states and localities changing their zoning rules, Biden as part of his budget is requesting a $50 billion increase in Low-Income Housing Tax Credits, as well as $25 billion to provide affordable housing grants to states and local housing finance agencies.. One of the latest in a national publication is Why Your House Was So Expensive in The Atlantic early this week. Apparently the legal climate in Georgia allows for new cities to be created from neighborhoods in existing cities, and the residents of the Buckhead area are working to do just that to avoid measures being contemplated by the Atlanta city council to address housing affordability and racial disparity. Historical data and artifacts housed in the British Museum of London show that in ancient times, this place was a place of worship of Asclepius. The question of whether and how to allow local governments to regulate STRs has been kicking around on Capitol Hill for several years now. And this week, I wrote about a bill that wouldgive developers the unprecedented power to issue bonds to finance projects, levy taxes and even condemn property through eminent domain essentially act like their own little, unelected, unaccountable government. Its an understatement to say that land use issues are being considered and debated in other states just about every state around the country seems to have something happening. The newly added water planning element (SB110) will add 55 more lines of code, and the station area plan element will add a whopping 230 lines of code, by itself more than doubling the size of Part 403. Limits the period of value capture for HTRZ proposed around light rail or BRT to no more than 15 consecutive years within a 30-year period (currently HTRZ around FrontRunner is limited to 25 consecutive years within a 45-year period). He notes that the solution is, in all areas including housing: The problem is inertia. But in parts the balloon bulges spectacularly, resulting in many more homes than local people need.. The increased adoption of zoning and planning reform is spurred by multiple drivers. It can be very challenging to deal with self-interested citizens, particularly when the understanding of what the real issues are is so limited. Well, here we are in 2022 and nothing more has happened. On December 29, an opinion piece by Andra Ghent, professor of finance and real estate at the U., was published in the Deseret News. https://www.planetizen.com/blogs/116842-california-cities-could-face-zoning-reckoning. However, shortly before the Senate adjourned for lunch, the bill was recalled for reconsideration and is back on the 2nd Reading calendar. In other words, if you want to plan for and regulate land use in your community, state code requires that you have a general plan. These are called accessory dwelling units, or ADUs. 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. Whats more, the construction time for a typical single-family home, usually about 6.5 months, is taking between four and 10 weeks longer now, according to Robert Dietz, chief economist at the National Association of Home Builders. APN 16-28-311-048. Instead of relying on regulatory gymnastics to circumnavigate the states new zoning mandates, the ballot initiative would allow local governments to simply opt out. Again, many are just unable to keep up because there are so many and often so technical and detailed, and theyre already up to their eyeballs just handling day-to-day work. As Ive noted in previous blog posts (see December 31 and March 10 posts), the annexation provisions are a mess in our state code. Rep. Waldrip and Cam Diehl confirmed that the station area plan provisions that have been worked on for some time now, will be added into this bill soon, which made the chair of the committee uncomfortable that they are considering a bill that will be changed substantially after they consider it. First, the Utah Foundation survey, titled Utahns Housing Preferences. Property Owners were hopeful this would be the end of the moratorium and receive water. The most recent and most germane (at least in the negative sense) was a piece in yesterdays Trib by Robert Gehrke which featured a last minute addition to the housing bill, HB462 (see lines 3578-3582), which essentially mandates that Summit County is to create a Housing Transit Reinvestment Zone at Kimball Junction near Park City. Now, just an additional note the LUTF has also discussed changes to the state annexation code. This was strongly resisted by the OPRO and most of the players in legislative land use issues last year (these are, after all, private associations and agreements, not public laws and ordinances). Its a remarkably positive story for Americans who own a home; its also inseparable from the housing affordability crisis for those who dont, the Times reported. 1174(ii) was created by a subdivision plat approved by a municipality and recorded after While the citys general plan designated the general area for low density single-family, it did also say that higher densities could be considered adjacent to collector and arterial roads. Heres a couple of excerpts from his paper: While ambitious, broad upzoning does have important selling points that could ease its adoption. Dog pile! SB260 would (1) eliminate the imposition deadline, (2) allow counties with transit service to impose the .20% to divide the funds between transit, cities, and counties, (3) allow counties without transit service to impose the .20% and divide the funds between cities and counties for transportation purposes. The argument made to turn it down, in addition to overburdening the roads, schools, law enforcement and hospitals, was this one: The petition states that a high concentration of year-round residents within 200 feet of a retention pond built by and maintained by the city presents problems for all parties, including drowning, toxic algae, wildlife feces, mosquitos and rodents, expensive maintenance liabilities relating to to storm water infrastructure repairs, ground water contamination due to the high water table conditions at this site, and a high incidence of cancer in the community. Get real time updates directly on you device, subscribe now. The site and buildings were taken over in 1975 by the Foreign and Commonwealth Office's Communications Engineering Department (still better known by its previous name, the Diplomatic Wireless Service), who installed a 50-kW medium-wave broadcast transmitter. Permits and construction can also be costly and confusing. 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. When the moderate income housing requirement was added a few years ago, it was more detailed and required certain information to be compiled and things to be considered. A recent survey from Envision Utah suggests for the first time that more Utahns would prefer to slow rather than foster the states population growth (with 45% agreeing to some extent that growth is bad and should be limited compared to 38% agreeing to some extent that growth is good and should be fostered). The report also notes: Fully 63% of urban residents say the availability of affordable housing is a major problem; 46% of suburban and 40% of rural residents say the same.. Is this even an issue? Since the purpose of an evidentiary hearing is to carefully gather relevant facts to aid in decision making, restrictions on what can be heard and how it can be heard are applied to these hearings. The crux of the matter, in a bit of an oversimplification, is that the city of Austin allows for non-conforming on-premise signs to be converted to electronic, but not non-conforming off-premise signs. He knows that failing to build housing has hurt the economic prospects of workers and families throughout the region. We are halfway through the legislative session, so this is probably a good time to give a rundown of whats happening with all the bills we are following on land use issues. However, there are some interesting bills that have been requested, some in just the last few days. Everyone has also generally agreed for years now that the annexation code is a mess because of frequent amendments and inconsistent policies and approaches. In cases where there may still be reviewable decisions, hearings and input should follow a different set of rules: In contested cases, an evidentiary hearing is required if the applicable constitution or statute so provides. The substitute bill now includes an STR Pilot Program for counties as well as for cities. The Utah State Supreme Court handed down its ruling last week in Salt Lake Citys suit against the Inland Port Authority. 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. Webthe old hand-me-down poor coverage of Radio 1s old 247 m (1215 kHz) though it had national full-time coverage on VHF/FM, which many of its listeners were most likely to use. The way islands/peninsulas are treated in the code should be reconsidered. Might I suggest that Ms. Nicholson, along with Mayors Wilson and Mendenhall, start with Salt Lake Countys east bench and the Salt Lake City controlled Wasatch Canyons as they channel their unity and momentum to make change? The broad availability of such land will mean that no particular property owner can capitalize on his/her advantage and drive up land prices. The HAAT is calculated in all directions based upon the average ground elevation between 1.5 and 10 miles from the station in each direction. Utah residents, and especially seniors, are counting on local control to confront this issue moving forward. Annexations/incorporations is one that is critical to future growth of our communities, and should not be ignored. There are other bills and appropriations that happened in the legislature that affect local planning that were well-tracked by others. Last week, our Utah Land Use Institute Board met and considered topics for this falls Land Use Law Conference. The League has quickly taken a position in opposition to the bill because of the lateness in coming out and not giving time to work out better details. In bigger cities (those with more than 75,000 people) or smaller suburbs of Seattleall residential areas would have to allow fourplexes. So far this session, there are a handful of what I would call significant land use bills. We can increase supply without decreasing quality of life. As a follow up to my previous post on millennials and the housing crisis, heres a piece from The California Planning & Development Report https://www.cp-dr.com/articles/nimbyism-the-way-outabout the waning influence of NIMBYs in the development review process. The affordability of living costs other than housing, such as food, utilities and. Before any of the MIH language was added to Part 403 of LUDMA, the entire part was comprised of a total of about 85 lines of language. This will enable the use of this museum space to serve as an educational tool in offshore radio, and an additional education and training resource for potential volunteer radio presenters and technicians, which alongside the studio facilities in Kent will provide additional social gain capabilities. Rep. Raymond Ward, a Republican,proposed a billto prohibit municipalities from requiring grass lawns. Gov. Two interesting pieces I just saw that kind of embodied this approach for me. [4] The French service closed in 1995,[5] and the BBC's German service in 1999, and 648 reverted to being English-only.[6]. Yet, if housing affordability is to improve, things have got to change, and local leaders have to be part of that. A policy wave is about to hit City Council. It was not a perfect model from the outset the MIDA provisions were tweaked just about every year by the state legislature. The second argument was that the port authority legislation violated the Ripper Clause of the state constitution. Even Governor Spencer Cox has mentioned referenda in reference to the housing crisis. Wow! Just read on. . 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! Ive been in the land use game long enough to have seen communities that will not go along with or see the benefit of some regional or state-level goals. The bill then goes on to require either direct notification of property owners within 300 feet of of the site of a proposed subdivision, or posting of notices on the property itself. The total investment undertaken by the affected firms fell by 21%. Between 2018 and 2021, according to city data, permits for small apartment buildings doubled, but only to 81 total housing units in those types of structures a tiny figure in the context of the citys 180,000 households. In actuality, it looks to me like we here in the state of Utah take a case-by-case approach to issues of statewide or regional importance. We have several pieces from the press about bills we are following. And Susie is, for me, the canary in the coal mine if shes noticing, well, it has definitely gone mainstream. The Utah League of Cities and Towns particularly gets a battering. We have to find more solutions.. Theres even a cogent argument that much of the housing affordability crisis, at least in some places, has been due to Covid. Sky-high costs for housing. The bill is HB527 Mining Operations Amendments. They are using a Community Radio Licence which was awarded to them by the UK regulatory authority (C) will have the improvements described in Subsection (11)(b)(i)(B) plus telecommunications and electricity; and Thats good for the supply of rental housing, which is also very tight. It is undisputed that planning and zoning laws are matters of municipal affairs, the petition states. Since most communities switched to predominant restrictive single-family zoning, the availability of land for future growth has been much more limited which eventually has led to rapidly rising land values (because the market is constrained). . Why would we be forcing people to pay for parking who dont even have a vehicle themselves? Polis said. The process ought to reach those least likely to attend and testify at traditional public hearings through outreach at public schools, neighborhood festivals, and religious institutions: places where people congregate even if they do not have strong feelings about real estate development.
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