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Commission adopts new RM5 zone but removes proposed density-bonus provisions
Summary
After extensive debate and public testimony, the Planning Commission voted to recommend creation of a new RE5 (renamed RM5) zone but struck the proposed density-bonus section that would have enabled up to 14 units per acre; the commission left bonus-density negotiations for council-level development agreements.
The Planning Commission voted Thursday to establish a new medium/high-density residential zone (petition labeled RE5; commissioners agreed to the RM5 name) but removed the proposed density-bonus language from the ordinance.
The ordinance before the commission would have allowed a density bonus enabling up to 14 units per acre if applicants met specified public-benefit requirements (open space, superior materials, infrastructure dedication, and affordable-unit provisions). Staff advised caution because the City Council had earlier specified no more than eight dwelling units per acre be allowed on the particular west-of-highway site referenced in council direction. The petitioner's counsel, Brian Cheney, told commissioners Utah law treats a general plan as advisory and that municipalities may lawfully approve projects that depart from an advisory general plan if the project generally furthers the plan's objectives.
Developer and petitioner representatives, including Nate Messerly and Jordan Watson, described site constraints, offered public benefits (land dedication for a future roadway and additional open space), and said the bonus density was needed to make a moderately priced development feasible. "The ordinance is specifically intended to address this issue and provide affordable housing, to your citizens," attorney Brian Cheney said, arguing the proposed bonus furthered general-plan objectives.
Staff and several commissioners objected to embedding a density-bonus mechanism into a citywide zone that could be applied elsewhere; commissioners expressed a preference to negotiate bonus and affordability provisions case-by-case through a development agreement. Commissioner Wilkinson moved to recommend adoption of the new RE5 zone (renamed RM5) but strike the entire bonus-density section; Commissioner Gosner seconded. The motion passed (one recorded "nay" in the transcript). The commission also noted red-line edits from the Development Review Committee regarding setbacks, sidewalks and other technical items for later review.
The commission's recommendation (zone text without bonus density) will be forwarded to the City Council for consideration; the council can accept, amend or reject the draft ordinance and could negotiate density bonuses in a development agreement tied to a particular rezoning or project if it chooses.
