Legislative Policy Committee November 16, 2020 LPC Agenda 1. Adoption of minutes 2. 2020 ULCT Issue Tiers 3. COVID-19 4. Housing 5. Land Use Task Force update 6. Fees 7. Public safety update 8. Homework ULCT Policy Tiers *external litigation or task force Policy Tiers Green: update to tier Tier 1 Tier 2 Tier 3 Water conservation Land Use Task Force: Sales tax study Rainy day funds -PID -Annexation/incorporation * Ripper clause amicus Gun preemption -Gravel pits -Low impact design -Development agreements CARES funding -Canal easements -Water provider review of plat State homeless coordinator/plan -Building permits/vesting -Impact fees -Boundary line adjustment -Land use training Trust in public safety Metro Townships Demolition waste Law enforcement retirement & retention -Officer discipline process -Training -Data collection EMS Plastic bags Fireworks Opioids Housing: Transportation utility fee Public safety privacy Prosecution issues -Building fees -Impact fees -ADU -Permitting & inspection authority CARES funding, 4th stimulus Legal notice/ print news Emergency authority, emergency -HRZ, other affordable housing tools quorums *Justice Courts CRA/RDA Marijuana, tobacco COVID-19 COVID-19 Executive Order • Nov. 9-Nov. 23 (for now) • Masks, social distancing, no casual gatherings • Requirements on business with potential fine • No social gathering, with potential fine for organizer • Record number of cases, hospitalizations, and deaths • Impact on health care professionals • Next scheduled town hall: Mon., Dec. 7 at 3:00 pm VALUE PILLARS General Session Reach out to your legislator NOW! • New incumbents: meet them, help them, educate them • Replaced: 22 of 54 legislators who stood by ULCT and voted against HB 172 (2018) (creating a legislative committee to oversee political subdivisions) • Likely replaced: 3 of 11 members of the Political Subdivisions Committee Freshmen Class: Utah Legislature Open/Changed Seats city ally too close to call District County(ies) Vacating legislator Republican & Democrat candidates 7 Utah Sen. Henderson Mike McKell (R) 19 Morgan, Summit,Open Weber LegislativeSen. Christensen SeatsJohn Johnson (R) 24 Central Utah Sen. Okerlund Derrin Owens (R) 25 Cache, Rich Sen. Hillyard Chris Wilson (R) 3 Cache Rep. Potter Mike Petersen (R) 22 Salt Lake Rep. Duckworth Anthony Loubet (R), Clare Collard (D) 29 Box Elder, Weber Rep. Perry Matt Gwynn (R) 33 Salt Lake Rep. Hall Craig Hall (R), Fatima Dirie (D) 36 Salt Lake Rep. Arent Doug Owens (D) 38 Salt Lake Rep. Hutchings Eric Hutchings (R), Ashlee Matthews (D) 39 Salt Lake Rep. Dunnigan Jim Dunnigan (R), Lynette Wendel (D) 42 Salt Lake Rep. Coleman Jordan Teuscher (R) 43 Salt Lake Rep. Acton Cheryl Acton (R) 45 Salt Lake Rep. Eliason Steve Eliason (R), Wendy Davis (D) 46 Salt Lake Rep. Poulson Gay Lynn Bennion (D) 47 Salt Lake (former Rep. Ivory) Steve Christiansen (R) 53 Daggett, Duchesne, Morgan, Rich, Summit (former Rep. Wilde) Kera Birkeland (R) 54 Summit, Wasatch Rep. Quinn Mike Kohler (R) 58 Juab, Sanpete Rep. Owens Steve Lund (R) 60 Utah Rep. Daw Nelson Abbot (R) 66 Utah Rep. McKell Jefferson Burton (R) 67 Utah Rep. Roberts Doug Welton (R) Virtual Session and LPC How can we engage better in virtual LPC? Send us your recommendations! • Software • Best practices • Other suggestions to help our members be heard in LPC Contact Spencer: [email protected] Housing Commission on Housing Affordability Subgroups 3 subgroups • Land use • Mandated design standards? • Building fees • Affordable housing creation and preservation • Expanding landlord-tenant mediation program • Housing Reinvestment Zone (HRZ) • Rural housing • Predevelopment assistance grants Housing Reinvestment Zones Objective – create a tool for local governments to facilitate more affordable housing within a localized area. Concepts/challenges: • Transit oriented development (TOD) • Tax increment • State investment • Surplus property map (state and local) This Photo by Unknown Author is licensed under CC BY- • Public asset inventory (state and local) SA-NC • Mixed use/density allowance/underdeveloped retail • Enhancing transportation infrastructure/parking structures It’s till unclear where CHA is going with the HRZ discussion. Your input – In existing CRA/RDAs, are there existing underutilized tools or existing tools that can be improved for housing? Accessory Dwelling Units Rep. Ward Proposal Two-pronged approach: Zoning This Photo by Unknown Author is licensed under CC BY-NC • If a city has authorized “internal” ADUs (owner occupied, inside or attached to residence) within a zone, the ADU is a permitted use. Building code modifications • IBC Definitional piece: Distinguishes between a duplex, a detached ADU, and a primary dwelling owner occupied interior ADU. HB 374 Reporting Update HB 374 • 70 cities reported at least partial data • Plan review and inspection • Most cities are compliant with the 14-/21- day requirements for plan review and inspection. • Multiple cities identified challenges with logistics and staffing during the pandemic HB 374 Cont’d SB 34 Progress Reports Progress reports to DWS are December 1 • Reporting compliance is essential to your continued eligibility for state Transportation Investment Fund ($700m) projects. • Progress report will play a key role in our ability to defend against additional state land use requirements! • Reporting form • Questions? Contact Meg [email protected] Op-eds “But even with more flexible zoning laws, municipalities are still impeding the affordable housing market through their fee structures. Until both are drastically changed, affording a home will continue to be unattainable for many Utahns.” Housing data Residential Units Permitted by Year 30,000 27,610 • “Nearly 76% of Utah local governments responding to a 23,00224,245 23,294 25,000 Utah Foundation survey noted that the need to increase 18,810 20,064 20,000 17,294 15,009 road capacity was one of the greatest impediments to 15,000 11,919 9,079 9,085 10,000 growth, with water infrastructure a close second.” – 5,000 Utah Foundation, June 2019 0 Residential Units Permitted • Your residents trust YOU to manage growth. Year Source: Ivory-Boyer Construction Database Housing: How you can help • SB 34 data • HB 374 data • ULCT forthcoming rebuttal to complete the fees and zoning narrative • Talk to your legislators about how your community plans for growth, counter narrative that cities are sole cause of housing crisis. Land Use Task Force Update Land Use Task Force: Final stages • Annual training for planning commissioners: require one hour on LUDMA, three hours other courses provided through ULCT or city staff. • Impact fees: clarify existing statute that allows a local entity to use impact fees to pay for the impact fee facilities plan and analysis and enactment of the impact fee. • Conditional use permits: modify UCA 10-9a-407 to state that CUP standards must be “objective.” Land Use Task Force: Final stages • Annexation/Incorporation • Cross-county boundary annexation: • Legislation would require a property owner to first approach cities within county where property is located. • If same-county cities are not interested, the property owner may then look to a city in an external county if the city identifies the property within its annexation plan. • The external county then holds a hearing and issues a decision based upon statutory standards to authorize or decline annexation. • The property owner may then file an annexation request with the city located in the external county. Land Use Task Force: Final stages • Annexation/Incorporation, cont. • Annexation notification: require counties to provide actual notice to each property owner located within the proposed area to be annexed and 300 ft of the proposed area before an annexation petition is filed (actual notice is only required for annexation in a 1st class county under current law). • Incorporation notification: require the lieutenant governor to provide actual notice to each property owner located within the proposed area to be incorporated and 300 ft of the proposed area after receiving a request for a feasibility study (actual notice is only provided to large landowners under current law). • Second opt-out: give landowners 15 days to opt out of an incorporation after conclusion of 1st public hearing on feasibility study results (first opt-out is before feasibility study occurs). LUTF: In process, no consensus yet • Low Impact Development: establish maximum pavement width for cities that require low impact development • Boundary line adjustments: clarifying confusion between boundary line agreements and boundary adjustments • Water provider review of plats: statutory clarification and authority for a water district/provider to review and approve a plat at the time of subdivision or vacating and, at the time of review, preservation or creation of a water provider easement. • Development agreements and contract zoning: clarify permitted use of development agreements and distinguish from illegal “contract zoning” • Building permits and vesting: clarify that building permits are a separate process from the land use approval process and that the building code may only be changed by the legislature. • Gravel pits: clarify regulation of existing, new, and expanded operations Land Use Task Force: No go… • Standards of Review: ULCT rejected changing the land use code to allow a bifurcated appeal standard, changing the appeal standard • PID: ULCT Board rejected any legislation that would allow the creation of a PID without local government approval