Garden City council continues work session on new zoning tool, buffers and height limits for areas west of Glenwood

Garden City council members spent much of their Jan. 13 meeting in a work session examining proposed code amendments to add a new zoning option and stronger buffering rules intended to soften the impact of higher-density development adjacent to established neighborhoods.

Staff framed the discussion as creating a tool for future rezoning decisions and emphasized that adding a zoning category does not automatically change any parcel’s current zoning. Jenna (Development Services) said the draft option, tentatively labeled “R3L,” would provide an intermediate choice between the city’s existing R2 and R3 designations and give the council additional options when reviewing rezoning requests.

Council and staff discussed several techniques for reducing conflicts between uses: a mandatory vegetative screen (with a “type A” dense evergreen mix and a “type B” filtered screen for less intensive separations), stepped building façades that keep the portion nearest single-family zones to lower heights, limits on balconies and window placement to reduce privacy impacts, and light‑trespass rules. Staff noted sound‑level regulations were considered by the Planning & Zoning Commission but the commission did not favor a noise standard because of administration challenges and mixed effectiveness.

Legal counsel advised the council on takings risk if the city were to adopt more restrictive rules. City legal staff summarized the Penn Central takings factors, saying courts review economic impact, interference with investment-backed expectations, and the character of the governmental action; city attorney Charlie told the council that a substantial public purpose (for example protecting neighborhood character and public safety) makes height or density restrictions less likely to be judged an unconstitutional taking.

Council members gave direction to staff on next steps. Several members signaled support for: dropping a proposed municipal noise standard; pursuing stronger landscape and screening standards (similar to Boise’s code examples shown by staff); adopting a transition buffer requiring that the first tier of development adjacent to R2 or the new R3L be capped around 35 feet, with additional height allowed only where the structure steps back; and defining clear “low,” “medium,” and “high” density categories in code to align future rezoning with the comprehensive plan.

Council member Rasmussen said he would favor an R3L that limited density and height more strictly than existing R3; several colleagues proposed numeric guidance — council president James Page and others suggested R3L be narrower than R3, with 15 units per acre and a 35‑foot height cap discussed as a starting point.

Staff said the city currently lacks sufficient sewer capacity to serve large multifamily projects west of Glenwood, which gives the council time to refine code language. The council directed staff to draft ordinance language reflecting the discussion and return with specific code text and an analysis of whether the desired protections could be achieved through existing zones or whether a new designation is required.

The council did not adopt code changes at the meeting; instead members asked staff to return with proposed ordinance language and clarifying options for density, heights and the proposed transition buffer.