Issues to be covered include new requirements for local water planning, moratoria on development due to water supply shortages, pending water legislation, the future of the Great Salt Lake, and other related topics. Helping citizens to understand and get used to the concept of missing middle or HSFD in traditional neighborhoods may take some work on the part of local officials. ga("send", "event", { And affordability has now made this a state level issue. Ive even heard builders say, well, we will charge whatever the going rate is in the market. So many things have come across my ipad the last few days, such a target-rich environment, I have so much I could write about. The Commission, chaired by the Governor, received reports from its various subcommittees on who their members will be and what issues they will be addressing through the remainder of the year. The St. George News carried a good story covering the Governors response. The owners are now invoking this LUDMA Section 9 to claim a right to mine and to expand. 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. As we are all painfully aware, water is becoming a bigger issue by the week in our fair state, especially for future growth. 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. There was also legislation pending that would give the owner of a proposed gravel pit in Parleys Canyon the right to start ripping up the mountainside, despite the strenuous objections from local and county officials. These two seem to get conflated with each other and makes things a bit confusing. In another related piece, Anthony Flint of the Lincoln Institute of Land Policy wrote in the December 23 issue of Land Lines a story titled The State of Local Zoning: Reforming a Century-Old Approach to Land Use, and Utah gets some shout-outs in it. 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. on a topic that plays a key role in the land use process public hearings and public comments. See MIDA, Inland Port, Utah Lake, ADUs (partially) and it looks like upcoming, the Great Salt Lake. Again the question is, was this an oversight (thats my vote)? It is a practice that many legal and planning experts are trying to change. Probably the more interesting part of this for those involved in land use approval processes is the procedure that will be followed here. In 2021, Freddie Mac financed 554,000 loans for first-time homebuyers up 22% from 2020. See you again soon! The legislator is Rep. Phil Lyman, who hasnt been exactly friendly with lefty causes like planning and regulation in general. These efforts will enhance and direct water flows to the lake, restore and preserve wetlands and upland habitat, and integrate the Great Salt Lake into water and land use planning. 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. Such a pace usually focuses attention on whats changing and happening in our communities because of this rapid growth, with arecent pollshowing that a majority of Utahns thinking that we are growing too fast! 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. "eventAction": "491 - Radio Caroline", There was also some discussion about the Limited Infrastructure Development Districts concept from Rep. Mike Schultz and Ty McCutcheon. I am in no position to comment on the particulars of this situation in Summit County and why it has played out the way it has. Some say the answer is higher interest rates or macroprudential tools, such as restrictions on the amounts that banks can lend. Heres a summary of the land use bills we were following in this years session. That sounds really good! . Whats the point of the regulation? (from interview on Econotalk podcast), The book starts with several case studies to introduce the central argument: that land use institutions ostensibly designed to empower underrepresented neighborhood groups actually amplify the power of neighborhood defenders to stop and delay the construction of new housing.. Last week, our Utah Land Use Institute Board met and considered topics for this falls Land Use Law Conference. It really is that simple. Neither bill passed, however. The three communities referenced in the article are Highland Lake, Alabama; Calhoun, Georgia; and the feature and lead story for the article: Big Water, Utah! 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. They rely on the results of a 2010 referendum in Massachusetts on repealing Ch. You can listen to live online radio from Radio Caroline for free. At least 14 of the homes would have built-in accessory dwelling units, or ADUs. Wow! Theres still plenty of other things going on, like water issues, short-term rental issues, etc. HB364 Housing Affordability Amendments was in the group released for this mornings Senate floor session. And, I would argue, in our state as well. Nothing major overnight, just some updating to report. Cox said: We are certainly encouraging more building to lower the price of housing. Last year, the state legislaturepassed bill (HB 82) allowing ADUsin single-family zones. HB169 Urban Farming Assessment Act Amendments allows counties to determine activities allowed for urban farming. Its not something wed like to have, said Henefer Mayor Kay Richins. And if a spate of recent news coverage is to be believed, millennial Zoom towns are to blame for the resulting housing crisis, particularly in lower-cost areas. To that end, let me share with you a recent paragraph that has recently been included in the draft general plan update for Kaysville City (full disclosure: Im on the Planning Commission there). 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. Karson too is becoming a psedo-planner after dealing with all this. Cam Diehl, the Leagues executive director, noted in the meeting yesterday that hes spent more time talking legislation with Rep. Waldrip this session than with any other legislators. In fact, the writers point out, there are other local regulatory and policy measures that are likely more effective. As Ive noted in previous posts, the UEOC has become the most engaged state-level body on issues of growth and housing, and that was borne out again in its meeting yesterday. We are still awaiting the promised substitutes for a couple of the major land use bills for this session, HB406 LUDMA Modifications and SB174 Local Land Use and Development Revisions. With a tip of the hat to The Polar Express, I am revealing the first land use-related bills of the 2023 legislative session! . Wow. Activists are hoping to harness public outrage to target other parts of the law as well. At state level, lawmakers need to limit zoning decisions by voter referendum. Only 5 percent of commenters were nonwhite, as opposed to 13 percent of all voters. Unless youve been out of the country or stuck underground somewhere for the last couple of years, were all aware of the housing affordability issues and efforts to address those the last couple of years here, and around the country. 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. The list includes some interesting topics of interest to planning and land use junkies. You can watch and read the entire speech here. This article is rather dated (1997) and does involve some peculiarities of North Carolina code and court rulings, but it still makes the overall point Im shooting for. But Demsas points out that in practice, Andreesen (and, by extension, many other progressive citizens) dont adhere to their own philosophy. We are also somehow blamed for it, even though it is older, incumbent homeowners who refuse to either move or permit the creation of new housing for others to move into. But for me, as a long-time land use practitioner in this great state, it is alarming to me to see that the legislature is indeed willing to take such an action. For a good discussion about these issues, I urge you to take a look at this excellent paper in the UCLA Journal of Environmental Law and Policy titled Reconsidering the Use of Direct Democracy in Making Land Use Decisions. 254account for water use or do not include strategies for reducing water demand; and That represents a significant number of units that have been taken off the long-term housing market, Armstrong said. 40(b) use a land use regulation governing co-owned homes to fine, charge, prosecute, or It is now HB303 Local Land Use Amendments. This, of course, raised the anticipation of the committee hearing that would be coming for HB446 and the likely huge outpouring of public sentiment. The subtitle for the story is Material-cost inflation, anti-building rules, NIMBY attitudes, and barriers to innovation have created a housing-affordability crisis, but author Derek Thompson notes: So the short answer to the question Why is it so expensive to build a house in America? is: There is no short answer. It started pumping, only to cause a spring Eden Water Works depends on to stop flowing. Finally, and most importantly, inclusionary zoning requirements raise housing prices on the whole. As usual, there will be post-session briefings about what happened in the legislative session, and what local governments and planners need to do to come into compliance with the new code sections. Read the book! Im surprised there hasnt been more of a reaction from those communities. The current language for the transportation element is not much more. to attempt solutions. 246including: We shall see. the information generated by a hearing before a planning commission differs markedly from the information generated in the often-raucous public debate fostered by elections. It would certainly take some funding too, for the staffing and administration. As Ive generously pointed out, our annexation/incorporation codes are a mess and sorely in need of considerable revision, if not just complete recodification (see my post from Nov. 24 and Dec. 31 for more). The bills are up for their first committee hearings on Tuesday. The bill is awaiting a vote on the Senate 2nd Reading calendar. Radio Caroline Radio Caroline It could happen if S.F. I talked to Utah League Executive Director Cameron Diehl about this a couple of weeks ago, Ive asked him for a statement about it which Ill pass along as soon as I get it. You see it throughout Western life, and specifically throughout American life. 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. But I must say, from what I heard from a number of local officials in last falls growth workshops, and saw in the buildup to the legislative session, there is a pretty good attitude about dealing with this among those officials not all of them, but many. Those options, many of which parallel proposals included in the ad hoc zoning reform bills, include steps like reducing parking requirements, reducing minimum lot sizes and zoning for higher density near universities and public transit stations. These rules are common in single-family zoning districts, where lot size is a keydriver of costs. She is also the Editor-in-Chief of the American Bar Associations Journal of Affordable Housing & Community Development Law. Herere just a couple of examples. There is now a 5th substitute awaiting action when this bill gets on the Senate floor. 230(C) preservation and use of healthy trees that have a reasonable water requirement or The situation is even worse for large scale renewable energy facilities, like wind turbine or solar panel farms. But the planning commission? Send me your comments and well do our best to pass them along! While I agree that the League is very much about keeping local control as much as possible over land use policy and regulations (thats who they represent, after all, are the local elected officials), I think it is rather unfair to characterize them as not concerned about water conservation. The reason is simple practicallynoneof the homes being used as short-term rentals, if converted to long term rentals, would be affordable underanydefinition. However, we have our own little Dutch boy putting his finger in the hole in the dike to stem the wave here in Utah in Rep. Steve Waldrip (if youve met Rep. Waldrip, you know my characterization of him as little is sardonic hes a tall man!). That sentiment can sometimes result in opposition toward zoning measures and loosened regulations that, as the governor says, would increase supply.. People dont like change. 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. Ward tweaked his proposal to assure the league that the bill wouldnt get in the way of municipalities beautification ordinances. However, it still took me having to get some guidance from my legal scholar colleague to understand just exactly what the language of the bill was saying (take a look at lines 1082-1084 in the bill and see if you can figure out on your own just what its saying). Its being driven Im certain by our nation-leading growth rate and the crisis in housing affordability. Hill says advocates arent pushing Utah lawmakers to pass such a bill just yet but they do want to pick a facility by sometime this summer and are hoping for a breakthrough soon in their conversations with Salt Lake County cities. The developers like it, obviously, because it would be far, far cheaper way to finance their projects than getting more traditional financing from a bank. Its a dire situation. Take a look, its pretty readable, at https://gopb.utah.gov/wp-content/uploads/2021/12/2021_12_07-Budget-Book.pdf. 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. Building design element is defined in those sections, and among other things, includes this: minimum square footage over 1,000 square feet, not including a garage. Utahs rapidly rising housing costs have made many Utahns feel like rents and ownership are no longer affordable. But then: Invoking Minnesotas state environmental law, the Audubon Chapter of Minneapolis, the Minnesota Citizens for the Protection of Migratory Birds, and Smart Growth Minneapolis sued to block the rezoning effort, claiming that the city hadnt considered the environmental harms of higher-density living. More worrisome, perhaps, is the possibility that suburbs can fulfill the mandate by redrawing zoning maps to include existing apartment buildings constructed during a more freewheeling era. This, of course, is good news for the outdoor industry and the state of Utah. I do not want to deal with the increase in crime and drug use that inevitably accompanies such high-density housing units, Eskic read from the letter. One of the things being discussed extensively in Utah right now behind the scenes is requiring local governments to put in place provisions to allow for more mixed use and higher densities around transit stops transit-oriented development as we planners call it. 651(b) requiring a micro-education entity or home-based education entity to obtain a MIH provisions require detailed reporting to a state agency, and can be the basis for withholding of other types of funds. Some excerpts: Right now, Chrissy Rochford lives in an RV with her dog Riley. Fair Share does not provide new revenue, so these costs will come on the backs of local taxpayers. Recodifying is what really needs to be done. While generally not a good idea, there are times when they may be necessary or may even make some sense. Given the bills weve got before us right now, though, one could argue that were moving toward making plans mandatory bit by bit. The solution, in part, has been mooted to be, get those local governments to reform their zoning and land use codes, those laggards! Tony Semerad of the Trib wrote a good retrospective of this effort last year, and makes the case for a shift in focus for transportation funding that grew out of this, but beyond that? It has, in fact, been discussed at state legislative levels, but so far, the strong efforts by local officials to work with state ones has led to a more collaborative approach. Ive heard this before on a number of occasions, from a variety of different people. While we follow a lot of growth and land use controversies that sometimes lead to tussling over LUDMA provisions, we also sometimes see these kinds of battles erupt over the annexation/incorporation code sections, as occurred in the 2021 legislative session. This will be interesting to have this going on at the same time as all the work underway by the Commission subcommittees; the land use policies discussions conducted by the land use law non-profit funded by $250,000 from the legislature; the water planning projects funded by the legislature; the planning required of local governments for water, transit station areas, moderate income housing, and water wise landscaping; and the on-going efforts of the land use task force. The report says Davis County has a home appreciation price of 34.1% in the last three years. In addition to National APA and the National League of Cities partnering on this issue, others are also addressing it, like the National Association of Counties, the National Association of Home Builders, the National Association of Realtors, Enterprise Community Partners, and many others. Has the housing affordability crisis finally hit a tipping point where planners all over the country are finally getting behind the cause, following the example of the avant-garde ofMinneapolis,Oregon,California, and,just last week, Maine? https://le.utah.gov/MtgMinutes/publicMeetingMinutes.jsp?Com=INTPOL&meetingId=17750, A similar bill was introduced during this years general session back in January, but did not advance far because of ongoing discussions about the scope and particulars of the Authority. 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. Two new bills did appear late this afternoon, however. Heres an excerpt from Speaker Brad Wilsons opening speech to the House. Ignore the persistent supply-chain problems and tariffs that have increased the cost and build time for new construction. Of the top ten states in the housing stability ranking, Utahs new housing starts per 1,000 population in the last year was 12.2. Jenkins told ProPublica that the league doomed the bill. An opinion piece by Washington Post columnist Catherine Rampell, titled Stop Blaming Millennials for the Housing Crisis few days ago struck me as a voice of someone who is most affected and who has the least say in our local land use processes.
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