Planning commission recommends rezoning for 4317 S. 700 E. with development agreement limiting density to 14 units

The Millcreek Planning Commission recommended City Council approve a rezoning (ZM24014) of 4317 South 700 East from R1A to RM on Feb. 26, contingent on a development agreement that locks in unit counts, heights, setbacks, parking and other requirements to limit development intensity.

Planning staff (Carlos) presented the continued application, which proposes a total of 14 residential units: an eight‑unit condominium building on the west portion of the site (facing 700 East) and two triplex buildings (six units total) on the east portion that will face a private extension of 730 East. The development agreement supplied by staff would obligate the developer to record a final subdivision plan within one year, limit building height to 35 feet (measured from existing grade), require minimum 40‑foot setbacks along edges adjacent to single‑family lots, and guarantee at least 35 parking stalls, with specified allocations for garages and guest spaces.

The site straddles two future‑land‑use categories on the city map — Mixed‑Use 1 near 700 East and Neighborhood 1 farther east — which generated neighborhood concern. Several residents and email commenters opposed the rezone, citing traffic, construction impacts and the loss of a dead‑end street character. Judith Goff, a 730 East resident, said she feared noise, dust and construction traffic and described personal health concerns related to airborne pollutants during a long construction period.

Staff and the applicant said the development agreement is intended to resolve compatibility concerns by locking design and neighborhood protections: required high‑quality exterior materials, a decorative masonry fence where the site abuts single‑family lots, a 10‑foot public easement for utilities, and a shared‑access easement and maintenance agreement for the private roadway stub so the city (and the public) retains turning access and snow‑management options. Jake Green (city engineering) clarified the private road will have a 30‑foot drive surface (25 feet of asphalt plus curb/gutter) and that the ultimate right‑of‑way would be 40 feet to accommodate sidewalks.

Several commissioners said they appreciated the missing‑middle housing typology and owner‑oriented units, and that a development agreement limiting density and locking design details reduces the risk of an unregulated higher‑density outcome. Community Council review was split (three in favor, three opposed); staff noted the change in land‑use designation for a corridor update is under way and the city expects an overall 700 East policy update later in 2025.

Commissioner Reid moved and Commissioner Richardson seconded a recommendation to approve the rezone and the attached development agreement. A roll‑call vote recorded agreement from all commissioners present (Richardson — yes; Lofgren — yes; Vance — yes; Reid — yes; Omar — yes; Larson — yes; Sowell — yes; Anderson — yes), and the commission forwarded its recommendation to City Council.

If City Council approves the rezone and development agreement, the applicant will be required to record the subdivision and meet the DA terms during permitting; staff said they would monitor construction access, parking enforcement and the required maintenance agreement for the stubbed private road to reduce neighborhood impacts.