Box Elder planning commission recommends council approve focused zoning amendments after debate over tree requirement

The Box Elder Planning Commission on July 1 recommended that City Council approve Ordinance 765, a set of targeted amendments to the municipal zoning code that rename residential districts by density, add a commercial landscaping points table, clarify off-street parking rules and carport permitting, and fix several drafting errors in the 2022 overhaul of the ordinance.

Marley Patton, the city’s planning director, told the commission the package was a focused follow-up to the 2022 rewrite and is intended to fix inconsistencies and respond to public feedback. "We updated the names of our residential zoning districts," Patton said, adding the change emphasizes density — "residential 1 is a low density and a residential 4 is a high density" — rather than the types of housing allowed in a district.

The discussion concentrated on landscaping and a proposed residential-tree requirement. Patton described a new landscaping approach that applies primarily to commercial projects and initially proposed a residential standard of one tree per 50 feet of lot frontage, citing several years of public engagement that identified trees as a frequent request. "We get a lot of talk from the citizens on ... people want more trees," she said.

Several builders and commissioners pushed back on requiring trees on every single-family lot, arguing it would add cost, create maintenance questions and could conflict with underground utilities. A builder who identified himself during the meeting as both a contractor and a builder adviser raised specific cost and maintenance concerns: "in a subdivision street of 30 houses, it will cost me between ... around 4 to $500 per house to put a tree in," he said, and warned that roots can later damage sewer and water lines. He and others said single-family residences should be exempt, while accepting stronger landscaping requirements for commercial or multifamily projects.

Patton and staff proposed enforcement through the certificate-of-occupancy process: trees would be required before issuance of a final occupancy seal, with a temporary seal used if work was delayed by seasonality. During the meeting staff ultimately proposed — and the commission adopted in the amendment list — removing the automatic residential landscaping requirement while retaining new commercial landscaping standards.

On parking and carports, the ordinance corrects drafting errors and clarifies intent. Patton said the update restores typical regional parking ratios (she cited an apparent drafting error that had read 1 space per 2,000 square feet for some restaurants) and requires two hard-surface off-street spaces for single-family homes; supplemental parking areas may be gravel provided they are not located in the front yard. The carport section was clarified to state that structures with more than two sides are treated as garages and therefore require a building permit; staff also recommended language that would allow a detached carport in a front-yard setback without a permit if it meets listed review criteria.

Planning staff compiled a list of specific edits to be included in the amended motion: correct typographical errors, remove a 20-foot manufactured-home spacing requirement in R4, remove the residential landscaping requirement, update zoning-district references in the carport section, set a minimum 8-foot utility and minor drainage easement for carport setbacks, require carports be detached to avoid a building permit, and remove the phrase "plus employee spaces as needed" from office parking language.

Commissioner Missal moved and Commissioner Powery seconded a recommendation that City Council approve Ordinance 765 "as amended by the list from Michelle and Laura Lee." On roll call the commission recorded unanimous support from members present and the motion passed.

The commission also discussed longer-term, related work: staff said it is overhauling the subdivision ordinance to align with the master park plan and intends to hire professional services to develop design guidelines and possible flexible zoning approaches that could allow reduced parking in exchange for increased landscaping or green space contributions.

The Planning Commission’s recommendation is advisory; the City Council will consider Ordinance 765 and the commission’s amendments at a future meeting. The planning commission adjourned after member input and routine business.