Millcreek council approves two rezones, development agreement for 4317 S. 700 East with condo deed restriction

The Millcreek City Council approved multiple planning items at its April 14 meeting, granting a cleanup rezoning for two single‑family parcels and approving a rezoning plus development agreement for a 0.95‑acre parcel at 4317 South 700 East that will allow multifamily development with owner‑occupancy restrictions on the condo building.

The council unanimously approved Ordinance 25‑07 to rezone properties at approximately 4471 South Cove Crest Drive and 4548 South Matthews Way from R‑1‑21 to R‑1‑10. Planner Zach Wendell said the change was needed to facilitate a property‑line adjustment and to bring an existing lot further into compliance with Millcreek’s zoning code; the Mount Olympus Community Council and the Millcreek Planning Commission had both recommended approval.

On the larger matter, the council approved Ordinance 25‑08 (rezoning) and Ordinance 25‑09 (the development agreement) for 4317 South 700 East. Staff presented the project as a mixed building: an eight‑unit condominium building facing 700 East and six units in the rear arranged as two triplexes with access from 730 East. The development sits on about 0.95 acres and would be rezoned from R‑1‑8 (single‑family) to RM (multifamily).

Key project details provided by planning staff and the applicant Carlos Escadillo and Brandon Fry: - The condo building would be accessed from 700 East and include roughly 19 parking stalls at first‑floor level plus an ADA stall; each triplex unit would include a two‑car garage and driveway parking; additional guest stalls are included on the site plan. - Building heights for both the condo and townhome/triplex components are below the 35‑foot limit specified in Millcreek ordinances. - The development agreement includes deed‑restriction language to promote owner occupancy; it also includes limited exceptions used previously by the city (temporary business or religious travel, or short‑term hardship) allowing an owner to be absent for up to three years under certain circumstances. - The Millcreek Planning Commission gave the project a unanimous favorable recommendation; the Mount Olympus Community Council vote was split (3‑3).

During the meeting the applicant sought clarification on whether the deed restriction would apply to the entire project. After discussion and review of a deed‑restriction draft provided by staff, the council clarified and approved the development agreement with the understanding that the deed restriction applies to the eight condo units only and does not apply to the two rear triplexes (the six units). Council members noted the proposal is less dense than earlier iterations and said the owner‑occupied requirement improves community investment.

Votes and formal action: City staff called the roll after motions. For Ordinance 25‑07 and Ordinance 25‑08 and the development agreement (Ordinance 25‑09), the roll calls recorded "Aye" from Council member DeSarant, Council member Weepy (also spelled in record as Wiepi/Weippe) and Marcella Straney; two council members (Sherry Jackson and Sylvia Catton) were excused and did not vote. Each item passed by unanimous vote of those present.

Ending: Council members and staff said the development reduces previously proposed density, meets parking minimums, and provides owner‑occupied housing options the city has been seeking. The planning matters concluded and the meeting moved to financial items.