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Council weighs Mixed-Use Overlay Zone, cautious about applying it to single-family R-1 lots
Summary
The council discussed a proposed Mixed-Use Overlay Zone that would allow development agreements to enable commercial or multifamily uses while leaving underlying zoning in place. Members expressed broad support for commercial zones and R-3 but were divided on applying the overlay to R-1 (single-family) parcels.
The Brian Head Town Council discussed a proposed Mixed-Use Overlay Zone during its July 14 meeting, focusing on how the overlay would be applied across zones and the safeguards that would govern any developer application. Greg Sant, Planning and Building Administrator, said the Planning Commission recommended an overlay because it preserves the underlying zone while allowing additional uses through a required development agreement and public hearings.
Sant said the ordinance draft relocates submittal requirements to Chapter 4 and makes development agreements central to the process. He told the Council the overlay would require a site plan, traffic study, and notice to property owners within 300 feet before the Planning Commission and Council would consider an application. "The development agreement is the linchpin of the mechanism," Sant said, arguing it keeps the Council involved and ensures the final project matches what was approved.
Mayor Calloway and several council members questioned whether R-1 (single-family residential) parcels should ever be eligible. Mayor Calloway said residents bought properties under existing rules and warned about expectations if rules changed. Council Member Freeberg opposed small-scale commercial insertions into R-1 neighborhoods and suggested raising any minimum lot-size threshold sharply to prevent spot commercial uses.
Town Manager Bret Howser and a note from the Town Attorney clarified the Council retains legislative discretion to deny overlay applications on policy grounds. Howser contrasted the overlay with a straight rezoning: a rezoning could permit uses without continued Council oversight, whereas the overlay—because it requires a development agreement—keeps the Council engaged in approving the specific development plan.
The Council generally supported applying the overlay to General Commercial, Village Commercial and Light Industrial zones and to R-3 for potential condo projects with ground-floor commercial uses. Members asked staff to add R-2 and R-3 to the proposal, consider a larger minimum lot-size if the overlay is allowed in R-1, and return revised language to the Planning Commission before the Council takes further action.
Next steps: staff will revise the draft to include R-2 and R-3, consider minimum-lot-size thresholds for R-1 applicability, and send the revised language back through the Planning Commission before returning to the Council.
