Planning commission backs rezoning at 4261 S. 700 E., sends recommendation to city council

The Millcreek City Planning Commission voted April 16 to recommend approval to City Council of ZM25001, a request to rezone 4261 South 700 East from R1-8 to RM and to approve a development agreement that would lock design standards and a deed restriction requiring owner-occupancy.

The commission’s recommendation comes after staff told the panel it was recommending denial because the city intends to analyze the 700 East corridor’s future land-use map in a separate, citywide process. "Staff recommends that the Mill Creek Planning Commission take public comments and consider not recommending a rezone and development agreement due to a future land use amendment not being recommended by staff," Planning staff member Carlos said during the hearing.

The rezoning would allow multifamily development; the applicant is proposing a fourplex and has scaled the plan down from a 2022 proposal that sought five units. The parcel is roughly 0.34 acres (about 14,700 square feet); the applicant proposes four owner-occupied units in a single building not to exceed 35 feet in height, with 40% landscaped area, two-car garages totaling eight private stalls plus two guest stalls, and a 25-foot access drive from 700 East.

Carlos told commissioners the property currently carries the city’s Mixed Use 1 future land-use designation, a category that contemplates a mix of commercial, office and medium-density residential uses along certain corridors. Staff said the project’s detailed design could meet many goals of the general plan but that staff was not recommending a site-specific future land-use amendment as part of this application and preferred a corridor-wide update instead.

Applicant Miles Main told the commission the team reduced the project to four units in response to prior neighborhood concerns and said the developer intends to pursue for-sale, owner-occupied units. "They we scaled it down from 5 to 4," Main said, adding the project team would continue outreach and follow required subdivision and conditional-use review if the rezone proceeds.

Commissioners debated whether to follow staff’s recommendation to await a broader future land-use review or to recommend approval now with a development agreement that would lock building materials, setbacks, parking and an owner-occupancy deed restriction. Commissioner Larson moved to recommend approval of ZM25001, "including a development agreement as outlined by staff specifying design standards as well as the deed restriction ensuring owner occupancy," and Commissioner Reid seconded. The commission took a voice vote; the recommendation passed and will move to City Council.

What happens next: City Council will receive the Planning Commission’s recommendation and decide whether to adopt the rezoning and the development agreement. If City Council approves the rezoning, the applicant must still complete a subdivision and conditional-use review to finalize lot configuration and building-level design.

Clarifying details: the application proposes four residential units in one building on a 0.34-acre parcel; the RM zone could allow more units by code but the applicant limited the request to four units; landscape requirement met at 40%; proposed parking is eight garage spaces plus two guest stalls; the development agreement discussed recording a final subdivision plat and a deed restriction intended to encourage individual ownership for a limited number of years and to lock building materials and setbacks.

Commission discussion and public comment took place during the agenda item; staff and commissioners referenced prior neighborhood meetings (2022 and an April 14, 2025 meeting) and a Mill Creek Community Council recommendation. The commission’s recommendation to approve will be forwarded to City Council for final action.