7505 South Holden Street Midvale, UT 84047 (801) 567-7200 www.midvalecity.org
MIDVALE CITY COUNCIL MEETING AGENDA January 7, 2020
PUBLIC NOTICE IS HEREBY GIVEN that the Midvale City Council will hold a regular meeting on the 7th day of January 2020 at Midvale City Hall, 7505 South Holden Street, Midvale, Utah as follows:
5:30 PM – Dinner, Dahl Conference Room
6:00 PM – Dahl Conference Room WORKSHOP - Interviews for Community Development Director [Kane Loader, City Manager]
6:30 PM – Council Chambers Swearing in Ceremony for Newly Elected Council Members [Judge George Vo-Duc]
7:00 PM REGULAR MEETING – Council Chambers
I. GENERAL BUSINESS A. WELCOME AND PLEDGE OF ALLEGIANCE B. ROLL CALL C. Proclamation Recognizing the Larry H. Miller Group for their Donation to the Victim Advocate Program D. Tax Reform – Representative Robert Spendlove E. Unified Police and Fire Reports
II. PUBLIC COMMENTS Any person wishing to comment on any item not otherwise scheduled for public hearing on the Agenda may address the City Council at this point by stepping to the microphone and giving his or her name for the record. Comments should be limited to not more than three (3) minutes, unless additional time is authorized by the Governing Body. Citizen groups will be asked to appoint a spokesperson. This is the time and place for any person who wishes to comment on non-hearing, non-Agenda items. Items brought forward to the attention of the City Council will be turned over to staff to provide a response outside of the City Council meeting.
III. COUNCIL REPORTS A. Councilmember Bryant Brown B. Councilmember Dustin Gettel C. Councilmember Quinn Sperry D. Councilmember Heidi Robinson E. Councilmember Paul Glover
IV. MAYOR ROBERT M. HALE REPORT
V. CITY MANAGER REPORT
VI. DEPARTMENT REPORTS A. Public Works Report [Glen Kennedy, Public Works Director]
City Council Meeting January 7, 2020 Page 2
VII. CONSENT AGENDA A. Consider Minutes of December 10, 2019 [Rori Andreason, H.R. Director/City Recorder]
VIII. ACTION ITEMS A. Consider Resolution No. 2020-R-01 Confirming the Mayor’s Appointment of James Nathaniel “Nate” Rockwood as the Community Development Director for Midvale City [Matt Dahl, Assistant City Manager]
B. Consider Resolution No. 2020-R-02 Authorizing the Mayor to Enter into a Revised and Restated Unified Fire Authority Interlocal Agreement [Lisa Garner, City Attorney]
C. Consider Resolution No. 2020-R-03 Authorizing the Execution of a Loan Agreement between the Utah Department of Transportation and Midvale City for a State Infrastructure Bank Fund Loan [Matt Dahl, Assistant City Manager]
D. Consider Resolution No. 2020-R-04 Approving the Terms of a Loan Agreement between Midvale city and Arbor Gardner Bingham Junction Office 4, LC for the Construction of a Parking Structure [Matt Dahl, Assistant City Manager]
IX. DISCUSSION ITEMS A. Discuss Main Street Form-Based Code Text Amendment and Rezone [Alex Murphy, Planner II]
B. Discuss Administrative Appeals to District Court [Lisa Garner, City Attorney]
C. Discuss Committee/Board Assignments [Kane Loader, City Manager]
D. Discussion on the Amount of a Grant to help the Midvale Boys and Girls Club with their Building Roof Replacement Project [Kane Loader, City Manager]
E. Discussion on a Resolution to Support the Ratification by the State of Utah of the Equal Rights Amendment to the United States Constitution [Kane Loader, City Manager and Council Member Dustin Gettel]
X. ADJOURN
In accordance with the Americans with Disabilities Act, Midvale City will make reasonable accommodations for participation in the meeting. Request assistance by contacting the City Recorder at 801-567-7207, providing at least three working day notice of the meeting. TTY 711
A copy of the foregoing agenda was provided to the news media by email and/or fax. The agenda was also posted at the following locations on the date and time as posted above: City Hall Lobby, on the City’s website at www.midvalecity.org and the State Public Notice Website at http://pmn.utah.gov. Council Members may participate in the meeting via electronic communications. Council Members’ participation via electronic communication will be broadcast and amplified so other Council Members and all other persons present in the Council Chambers will be able to hear or see the communication.
DATE POSTED: JANUARY 3, 2020 RORI L. ANDREASON, MMC H.R. DIRECTOR/CITY RECORDER
COUNCIL MEETING Minutes
Tuesday December 10, 2019 Council Chambers 7505 South Holden Street Midvale, Utah 84047 ______
MAYOR: Mayor Robert M. Hale
COUNCIL MEMBERS: Council Member Paul Hunt Council Member Dustin Gettel Council Member Paul Glover Council Member Quinn Sperry Council Member Bryant Brown
STAFF: Kane Loader, City Manager; Matt Dahl, Asst. City Manager/Community Development Director; Rori Andreason, HR Director/City Recorder; Lisa Garner, City Attorney; Glen Kennedy, PW Director; Laura Magness, Communications Director; Lesley Burns, City Planner; Jana Ward, Planner I; Patrick O’Brien, RDA Housing Manager; Chief Randy Thomas, UPD; Chief Brad Larson, UFA; and Juan Rosario, Systems Administrator.
The pre-meeting workshop began at 5:30 p.m. – Dinner, Dahl Conference Room
Workshop at 6:00 pm – Dahl Conference Room
A. Interviews for Administrative Services Matt Dahl introduced Kyle Maurer as the Mayor’s candidate for the Administrative Services Director. He reviewed his qualifications and accomplishments. The Council asked several questions of Mr. Maurer.
Chief Thomas discussed the good landlord statistics. He asked if the Council desired a full report. He said if the full report is not needed, he would rather have the detective out doing police work. He said the data is available if the Council ever needed it. The Council agreed to just contact Chief Thomas if they needed information.
Mayor Robert Hale called the business meeting to order at 7:00 p.m.
I. GENERAL BUSINESS A. WELCOME AND PLEDGE OF ALLEGIANCE
B. ROLL CALL - Council Members Paul Hunt, Dustin Gettel, Bryant Brown Quinn Sperry, and Paul Glover were present at roll call.
Proceedings of City Council Meeting December 10, 2019
C. UNIFIED POLICE & UNIFIED FIRE DEPARTMENT REPORTS Chief Randy Thomas said his statistical report is not prepared yet. They will be watching the crosswalks tomorrow. He reported on a gas leak at Hillcrest High School. As a combined task force the UPD and UFA worked well together to evacuate the students. It was timely, effective, and he had great things to say about everyone involved. He reported the crosswalk sign on Grant Street was hit by a vehicle knocking it down with seven or eight witnesses; however, they received no phone calls. He is hoping someone will come forward with some information on the white van that hit it. The Midvale Rotary Club did a Shop with Santa last Saturday. It was a great event and warmed the hearts of people in need. The manager of Les Schwab fed the crowd out of his own pocket with donuts and coffee. Larry H. Miller group will be donating $5,000 to the Victim Advocate group. This donation will stay in Midvale City to be used for victims in need.
Chief Brad Larson reported a new assistant chief was announced. Chief Mike Watson is retiring at the end of the month. Chief Riley Pilgrim was selected from five applicants. He joined UFA in 2007. He currently is serving Herriman City as a Battalion Chief. Chief Pilgrim has many degrees and staff is looking forward to working with him. Twenty-five recruits have excepted final offers and will start boot camp in February. There were about 600 applicants and 25 were chosen. Last Wednesday about 8:00 in the morning, he received a phone call about a natural gas leak. It was a 500 gallon butane tank that had been tipped over and the valve had been knocked off which caused a leak. Chief Larson showed the Council a video of the incident. The incident was at the construction area at Hillcrest High School. The conditions of the day were helpful in not having a major incident. As they were evacuating the students and staff, the butane reading was close to reaching the explosive range. Dominion Energy arrived and helped on the scene. Unified command was set up along with Unified Police, Canyons School District, Health Department, Dominion Energy, supervisors from the construction company, and Salt Lake County Emergency Management. It was a really good coordinated effort and a fortunate ending.
Kane Loader introduced Julie Harvey and James Woodward Emergency Managers with UFA. Julie Harvey will be spending two days a week in the City.
Julie Harvey said she’s from Anchorage, Alaska, and is very much looking forward to working with everyone and the communities.
James Woodward said he has lived all his life in California, and he too is looking forward to working with everyone and the communities.
D. PROJECT EMPATHY PROGRAM PRESENTATION Chase Hansen (10 years old) said he is from Draper, Utah and has been working with the homeless population for four years now. He asked the Council for ideas and suggestions for his project with the homeless.
Council Member Dustin Gettel asked what the project does specifically.
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Chase said he is working with the homeless people and helping to make them feel better. He is trying to get them to participate in the community. He said he works one on one with the homeless.
Council Member Quinn Sperry said he is on the Road Home Board and will pass the information on to the board members of the Road Home.
Mayor Hale said he appreciates the work the program is doing and thanked Chase for his efforts.
E. PROCLAMATION RECOGNIZING COUNCIL MEMBER PAUL HUNT Mayor Hale read the proclamation recognizing Council Member Paul Hunt for his dedicated service to the City for the past 12 years. He said he will be missed.
F. AUDIT PRESENTATION Dalin Hackett introduced John Haderlie, Larson & Company, who prepared the audit for the City.
John Haderlie, Larson & Company, reviewed the audit report. He said they issued a clean opinion letter. The report is specific to government auditing standards.
A letter that is sent to the Mayor and Council for review is separate from the audit letter. The financial statements are the responsibility of the city and not the auditors. A new requirement for the debt disclosures is that bonds and direct borrowing need to be reported separately in the debt disclosures. Another requirement is to disclose what collateral is collateralizing all of the debt. There were no difficulties in performing the audit. The information requested from Dalin Hackett was received in a very timely manner. The budget findings included recommendations for the general funds to review the financial reports on a quarterly basis. It is okay to give a little bit of a cushion in the general fund budget. He said to make sure the purchase orders are prepared before the invoice is billed. Also, make sure you understand your policy and procedures handbook, and that everyone is following it.
Council Member Paul Hunt said audits really do help. He thanked John Haderlie for his good work.
II. PUBLIC COMMENTS There was no one who desired to speak.
MOTION: Council Member Quinn Sperry MOVED to go to the public hearing agenda item. The motion was SECONDED by Council Member Dustin Gettel. Mayor Hale called for discussion on the motion. There being none, he called for a vote. The motion passed unanimously.
MOTION: Council Member Quinn Sperry MOVED to open the public hearing. The motion was SECONDED by Council Member Paul Glover. Mayor Hale
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called for discussion on the motion. There being none, he called for a vote. The motion passed unanimously.
III. PUBLIC HEARING A. PUBLIC HEARING TO CONSIDER RESOLUTION NO. 2019-R-52 ADOPTING THE PROPOSED AMENDMENTS TO THE FY2020 GENERAL FUND AND OTHER FUNDS AS NECESSARY, INCLUDING ELECTED OFFICIALS COMPENSATION Kane Loader said Staff proposes amendments to the FY 2020 Budget for the General Fund and other funds. These amendments cover new revenues available, adjustments in the current year operations, the allocation of salary and benefit adjustments and carryover of FY 2019 projects.
Included in the resolution the City is proposing to adjust the elected officials’ compensation to reflect the “market” analysis that was performed last May by the Human Resource Department. The market analysis indicated that the Mayor was out of the comparable salary range by over $7,000 and the Council was about $1,000 below the range. The City is proposing to adjust the Mayor’s salary form $45,000/year to $52,219.50/year and the Council from $15,000/year to $16,016/year. Funding was already allocated in the FY 2020 Budget and these adjustments would be effective as of July 1, 2019.
FISCAL IMPACT: General Fund - $433,400 reduction in Fund Balance Capital Projects Fund - $7,845,605 carryover funds for FY 2019 projects Water Fund - $1,062,050 carryover funds for FY 2019 projects Sewer Fund - $ 2,566,300 carryover funds for FY 2019 projects Storm Water Fund - $ 166,000 carryover funds for FY 2019 projects Fleet Fund - $33,000 reduction in Fund Balance
Midvale City Corporation – Budget Opening #1 – FY2020
General Fund Description Revenue A/C# Expenditure A/C# Contribution from fund 433,400 10-3890-000-000 - balance Mayor market 7,400 10-4111-110-000 adjustment – salaries Mayor market 2,000 10-4111-130-000 adjustment – benefits Employee safety 5,000 10-4152-620-200 rewards program Increase in UPD 252,000 10-4215-311-000 Contract Increase Admin SVCS 34,000 10-4140-110-000 Director salary and benefits Increase Admin SVCS 11,000 10-4140-130-000 Director salary and benefits
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Increase 84,000 10-4131-110-000 Administration salaries for Asst. City Manager Increase 38,000 10-4131-130-000 Administration benefits for Asst. City Manager Carryover TIGER grant 158,600 10-3314-000-000 Carryover TIGER grant (158,600) 10-3890-000-000 JAG grant carryover 6,600 10-3312-100-002 6,600 10-4830-910-200 New JAG grant 14,400 10-3312-100-002 14,400 10-4830-910-200 Carryover SL County 1,523,805 10-3340-000-000 1,523,805 10-4830-910-100 grant for BJ Blvd. Total General Fund 1,978,205 1,978,205
Capital Improvement Projects Fund Description Revenue A/C# Expenditure A/C# Carryover SL County 1,523,805 41-3840-000-000 1,523,805 41-4983-750-963 grant for BJ Blvd. Carryover unfinished 6,321,800 41-3890-000-000 CIP projects from FY2019 Sidewalk/curb/gutter 36,000 41,4983-708-007 replacement 7th East to Union Park 134,800 41-4983-710-005 Ave improvements Midvale City Park 400,000 41-4983-713-014 improvements Amphitheater 30,000 41-4983-713-019 improvements Splash Pad 55,500 41-4983-715-001 improvements 50/50 sidewalk 20,000 41-4983-717-002 program Major Road CIP 1,314,000 41-4983-717-004 City Hall overflow 55,000 41-4983-718-001 parking Housing Trust Fund 100,000 41-4983-718-004 Open Space 25,000 41-4983-718-005 acquisition Community Center 1,302,000 41-4983-718-006 Bowery remodel Crosswalk 165,000 41-4983-718-007 improvements 7200 S Gateway 166,000 41-4983-718-009 project Main/Wasatch 20,000 41-4983-719-005 intersection study Pavement 2,498,500 41-4983-750-941 Management Total Capital 7,845,605 7,845,605 Improvements Fund
Public Utilities Fund – Water Description Revenue A/C# Expenditure A/C# Carryover unfinished 1,062,050 51-3880-000-000 capital projects from FY2019 JVWCD pipeline 990,200 51-5100-791-001 connections UJ Retail area meter 71,850 51-5100-791-002 swaps
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Total Public Utilities 1,062,050 1,062,050 Fund – Water Public Utilities Fund Sewer Carryover unfinished 2,566,300 52-3880-000-000 - capital projects from FY2019 Infrastructure 71,000 52-5200-790-106 improvements Major sewer line 769,500 52-5200-791-001 projects SVWRF 1,575,800 52-5200-791-002 phosphorous/grit treatment SCADA system 150,000 52-5200-791-002 Total Public Utilities 2,566,300 2,566,300 Fund Sewer Storm Water Utility Fund Carryover unfinished 166,000 52-3880-000-000 - capital projects from FY2019 Infrastructure 100,000 54-5400-790-500 improvements Series 2014 Bonds- 66,000 54-5400-790-500 remaining funds available for capital projects Total Storm Water 166,000 166,000 Utility Fund Internal Service Fund – Fleet Two salters for streets 23,000 62-3898-000-000 23,000 62-4971-760-101 Four wheeler for Parks 10,000 62-3898-000-000 10,000 62-4971-760-109 Total Internal Service 33,000 33,000 Fund Fleet
Mayor Hale opened the hearing to public comment. There was no one present who desired to speak on this issue.
MOTION: Council Member Dustin Gettel MOVED to close the public hearing. The motion was SECONDED by Council Member Quinn Sperry. Mayor Hale called for discussion on the motion. There being none, he called for a vote. The motion passed unanimously.
ACTION: APPROVE RESOLUTION 2019-R-52 ADOPTING THE PROPOSED AMENDMENTS TO THE FY2020 GENERAL FUND AND OTHER FUNDS AS NECESSARY, INCLUDING ELECTED OFFICIALS COMPENSATION
MOTION: Council Member Paul Hunt MOVED to adopt Resolution No. 2019-R-52 a budget appropriation resolution amending the General Fund and other Budgets of Midvale City for the Fiscal Year ending June 30, 2020 and adjusting the Elected Officials’ compensation effective July 1, 2019. The motion was SECONDED by Council Member Dustin Gettel.
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Mayor Hale called for discussion on the motion. There being none, he called for roll call vote. The voting was as follows: Council Member Quinn Sperry Aye Council Member Paul Glover Aye Council Member Paul Hunt Aye Council Member Bryant Brown Aye Council Member Dustin Gettel Aye
IX. ACTION ITEM B. CONSIDER APPROVAL OF A FINAL SUBDIVISION PLAT REQUEST FOR A 4-LOT SUBDIVISION LOCATED AT 123-133 EAST FORBUSH AVENUE Jana Ward said the applicant, Carl Andreason, is requesting final subdivision plat approval to subdivide two existing parcels located at 123-133 E Forbush Avenue into four lots: two base lots and two flag lots.
The combined property includes approximately 0.86 acres with 181 feet of frontage along Forbush Avenue. These properties are zoned Single Family Residential (SF-1). There is an existing single-family home on each base lot. It is the intent of the applicant to retain the existing home along with the detached garage on each base lot, all other detached accessory structures will be removed. A new single-family residential home will be allowed on each flag lot once the final subdivision plat is approved and recorded.
All major subdivisions require a review and recommendation from the Planning Commission and approval from the City Council. Public hearings are required to be held by each body. The Planning Commission conducted a public hearing on this subdivision plat and issued a recommendation on the application on October 9, 2019. The Council conducted a public hearing on this subdivision plat on November 19, 2019 and approved the preliminary subdivision plat with the following conditions:
1. The applicant shall prepare a final subdivision plat to be reviewed and approved by the City Engineer, Fire Marshal and City Council.
2. All new development on the flag lots shall comply with the flag lot requirements, i.e. setbacks, height (single story), parking, and 20-foot wide paved driveway. A note indicating these requirements shall be included on the final subdivision plat.
3. A minimum six-foot high screening fence shall be constructed and maintained around the exterior of the flag lots unless adjacent property owners agree in writing that a fence is not necessary. This fence shall comply with the fence requirements of the zone and shall be completed prior to any certificates of occupancy being issued for the structures on the 2 flag lots. The owner should work with the neighboring property owners in replacing or enhancing the existing fences as needed. A note indicating this requirement shall be included on the final subdivision plat.
4. A minimum of two (2) additional street trees are required to be planted along Forbush
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Avenue on Lot 1. These trees shall be planted or guaranteed by a cash bond prior to recording of the final plat.
5. The flag lot driveway shall remain clear of overhanging vegetation and be posted with “No Parking” signs every fifty feet (50’). A note to this effect shall be included on the final subdivision plat.
6. The applicant shall obtain duty to serve letters for water and sewer prior to the approval of the final subdivision plat.
7. The applicant shall provide evidence that courtesy notices have been sent to Dominion Energy, Rocky Mountain Power, Xfinity, Utopia, and Century Link regarding the utility easements on the subdivision plat prior to final approval.
8. The existing accessory buildings on the proposed flag lots will need to be removed prior to recording the plat.
The applicant has prepared a final subdivision plat and included the required notes, as well as submitted the required duty to serve letters and courtesy notices. The City Engineer and Area Fire Inspector have reviewed and approved the final subdivision plat. The applicant has planted the required trees on Lot 1, but still needs to remove the accessory structures on the flag lots. This is included as a recommended condition below.
STAFF RECOMMENDATION: Staff recommended the City Council approve the final subdivision plat for the Lewis and Laura Lane Subdivision with the following conditions:
1. The applicant shall obtain all required signatures on the final subdivision plat Mylar.
2. The applicant shall remove all of the accessory structures on the flag lots prior to the subdivision plat being recorded.
MOTION: Council Member Paul Hunt MOVED that Based on Compliance with the requirements of the Midvale City Municipal Code, I Move that we Approve a Final Subdivision Plat Request for the Lewis and Laura Lane Subdivision with the Following Conditions: 1. The applicant shall obtain all required signatures on the final subdivision plat Mylar. 2. The applicant shall remove all of the accessory structures on the flag lots prior to the subdivision plat being recorded. The motion was SECONDED by Council Member Dustin Gettel. Mayor Hale called for discussion on the motion. There being none, he called for roll call vote. The voting was as follows: Council Member Quinn Sperry Aye Council Member Paul Glover Aye Council Member Paul Hunt Aye
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Council Member Bryant Brown Aye Council Member Dustin Gettel Aye
MOTION: Council Member Quinn Sperry MOVED to recess City Council Meeting and move into the RDA Meeting. The motion was SECONDED by Council Member Dustin Gettel. Mayor Hale called for discussion on the motion. There being none, he called for a vote. The motion passed unanimously.
The Council recessed the City Council Meeting at 8:10 p.m.
MOTION: Council Member Dustin Gettel MOVED to reconvene into City Council Meeting. The motion was SECONDED by Council Member Paul Hunt. Mayor Hale called for discussion on the motion. There being none, he called for a vote. The motion passed unanimously.
The Council reconvened City Council Meeting at 8:31 p.m.
III. COUNCIL REPORTS A. Council Member Paul Hunt – expressed his appreciation for the proclamation and recognition. The city has done a lot of work in the last 12 years. It has been such a pleasure to work with city staff. He has learned so much and appreciates the council members. He said he wants to be invited back in 2064 to open the time capsule.
B. Council Member Dustin Gettel – expressed his appreciation for Paul Hunt. When he was running for the city council, he ran into Council Member Hunt at a restaurant and he was so accommodating, supportive and generous. He motivated him to do better in his campaign and thanked him for that.
C. Council Member Paul Glover – expressed his appreciation for Council Member Paul Hunt and said he would be missed. He said it has really been great working with him.
D. Council Member Quinn Sperry – also wanted to thank Council Member Paul Hunt for the work he’s done over the past 12 years. He reached out and helped him understand issues. He thanked Lesley Hunt and his family for supporting Paul Hunt during his years of service.
E. Council Member Bryant Brown – expressed appreciation to Council Member Paul Hunt for his help and support. He said he really appreciated the comments he made tonight regarding voting for issues and express individual opinions.
IV. MAYOR REPORT Mayor Robert Hale reported that he has developed a friendship with Council Member Hunt and his family. It has been a wonderful friendship. He said he looks forward to hugs
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Proceedings of City Council Meeting December 10, 2019 and handshakes when they run into each other. It has been a marvelous experience working with Paul.
V. CITY MANAGER REPORT Kane Loader said on behalf of himself and city staff, he wanted Council Member Paul Hunt to know how much everyone has enjoyed working him. He is right, a lot has been accomplished working together. Without the Council and Mayor’s support, staff ideas don’t come into play. Council Member Paul Hunt has always believed in staff. There were days that Council Member Hunt would send an email just to say thank you; that meant a lot and staff will miss that. Staff have thoroughly enjoyed Council Member Hunt’s leadership, friendship and service to the community.
VI. DEPARTMENT REPORTS A. PUBLIC WORKS REPORT Glen Kennedy said he had nothing to report on at this time.
VIII. CONSENT AGENDA A. CONSIDER MINUTES OF DECEMBER 3, 2019
B. CONSIDER RESOLUTION NO. 2019-R-53 ESTABLISHING A TIME AND PLACE FOR HOLDING REGULAR CITY COUNCIL MEETINGS, DESIGNATE THE MAYOR PRO TEMPORE SCHEDULE, AND ADOPT THE HOLIDAY SCHEDULE FOR THE 2020 CALENDAR YEAR
MOTION: Council Member Paul Glover MOVED to approve the Consent Agenda. The motion was SECONDED by Council Member Bryant Brown. Mayor Hale called for discussion on the motion. There being none, he called for roll call vote. The voting was as follows: Council Member Quinn Sperry Aye Council Member Paul Glover Aye Council Member Paul Hunt Aye Council Member Bryant Brown Aye Council Member Dustin Gettel Aye The motion passed unanimously.
IX. ACTION ITEM A. CONSIDER RESOLUTION NO. 2019-R-54 APPOINTING KYLE MAURER AS ADMINISTRATIVE SERVCIES DIRECTOR FOR MIDVALE CITY Matt Dahl said Mayor Robert Hale has appointed Kyle Maurer for the position of Administrative Services Director.
Staff is seeking the advice and consent of the City Council for Kyle’s appointment. The City received over 20 applicants for the Administrative Services Director position. The applications were reviewed by senior management and the division heads within the Administrative Services Department (i.e., Finance, IT, Courts, Treasurer). This group scored each application, and the five highest ranked applicants were invited to interview.
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The same group that reviewed the resumes conducted the first round of interviews. After interviewing the top five candidates, the group recommended to Mayor Hale and City Manager Kane Loader that Kyle Maurer be appointed to the position of Administrative Services Director. Following his own interview with the applicant, Mayor Hale agreed with the Interview Committee’s recommendation offered the position to Kyle.
Kyle’s appointment is based on his high level of education, extensive background in government finance, and strong technical skills. He has attained undergraduate and graduate degrees in accounting from the University of Utah. In obtaining his master’s degree he received several honors, including graduating at the top of his class. He has nine years of government accounting and finance experience, most recently serving has the Finance Director for American Fork. His work in American Fork and Saratoga Springs lead to those communities receiving the GFOA Distinguished Budget Award. Kyle also has experience with utility billing, software administration, and other key services provided by the Administrative Services Department.
The Interview Committee, City Manager, and Mayor feel that Kyle is a proven leader and would be a great fit for the Administrative Services Department and will be a valuable addition to the City and the community.
Kyle Maurer expressed appreciation for this opportunity to work with Midvale City.
Council Member Dustin Gettel said he reached out to American Fork City for references. The references were all very good and it was also said that it is American Fork’s loss and Midvale City’s gain.
MOTION: Council Member Bryant Brown MOVED to Approve Resolution No. 2019-R-54 Confirming the Mayor’s Appointment of Kyle Maurer as Administrative Services Director for Midvale City. The motion was SECONDED by Council Member Quinn Sperry. Mayor Hale called for discussion on the motion. There being none, he called for roll call vote. The voting was as follows: Council Member Quinn Sperry Aye Council Member Paul Glover Aye Council Member Paul Hunt Aye Council Member Bryant Brown Aye Council Member Dustin Gettel Aye
C. CONSIDER ORDINANCE NO. 2019-O-13 AMENDING THE MIDVALE CITY MUNICIPAL CODE REGARDING WINTER PARKING Matt Dahl said during the November 12th City Council meeting, councilmembers expressed an interest in exploring potential changes to Midvale’s winter parking policy. Subsequent discussions occurred on November 19th and December 3rd during which time there was a difference of opinion among council members as whether the current policy should be rewritten for clarity only or if the policy should include weather related conditions to parking.
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Midvale’s winter parking policy, City code 10.16.120, reads: “It is an infraction for any vehicle to be parked on any street in the municipality between the first day of November of each year and the first day of March of the following year, for a period of time longer than three minutes when loading or unloading passengers and for a period of time longer than thirty minutes when loading, unloading or delivering property between the hours of one a.m. and six a.m. on all streets within the city. (Ord. 2019-07 § 1 (Exh. A) (part): prior code § 11-345)”
City staff reviewed the winter parking policies of Sandy, West Jordan, Murray, Cottonwood Heights, Salt Lake City, Ogden, and Park City. Four cities restrict parking during and 24 hours after a snow storm, and the remaining three cities allow for street parking to be restricted in a snow storm as needed. Additionally, some communities include policies that make it a parking violation to have a car parked on the road that has been covered by snow as a result of snow plowing operations.
Several cities also limit street parking to 24-48 consecutive hours, while Sandy is the only other city to restrict all overnight parking during the winter months. The evaluation of potential winter parking policies will require consideration of the following: • Residents – Is the policy easy to understand and communicate? • Law Enforcement – Does the policy create a clear frame work for enforcement (i.e., is it subjective)? • Street Maintenance – Does the policy support snow plowing operations and provide for a safe environment?
Given these considerations and the feedback received by the City Council at the November 19th meeting, staff is proposing to replace the winter parking policy with the following:
• It is an infraction for any vehicle to be parked on city streets where one inch of snow has accumulated. The parking prohibition shall remain in effect for 24 hours after snow has ceased to fall, or until such time as the snow has been removed from the street.
Mayor Hale asked if Police Chief Thomas will be able to enforce this.
Matt Dahl said in the last discussion he said he will enforce the policy the City creates.
Council Member Dustin Gettel asked if problems with the businesses were anticipated.
Matt Dahl said it will be a problem with residential and commercial areas. This will not create a situation where everyone will benefit from it. There will be some residential areas where people will regularly park on the street in front of their house. It will change the scenario of receiving a ticket. People will be unhappy with those tickets.
Council Member Paul Glover said his concern was if this will work for the city.
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Glen Kennedy said whatever the ordinance is staff will still need to deal with the same issues. The bigger impact of changing the ordinance does muddy the waters with Public Works and UPD and their ability to enforce it.
Matt Dahl said staff will learn together on how this implemented. Whatever the policy is, the cars parking on the street will need to be dealt with.
Council Member Quinn Sperry said he assumes more citations will be handed out.
Council Member Dustin Gettel said he thinks this is a good compromise. This proposed ordinance is pretty much what the City has been doing. This is straight forward.
MOTION: Council Member Dustin Gettel MOVED to Approve Ordinance No. 2019-O-13 Removing and Replacing Section 10.16.120 of the Midvale Municipal Code. The motion was SECONDED by Council Member Bryant Brown. Mayor Hale called for discussion on the motion. There being none, he called for roll call vote. The voting was as follows: Council Member Quinn Sperry Aye Council Member Paul Glover Nay Council Member Paul Hunt Aye Council Member Bryant Brown Aye Council Member Dustin Gettel Aye The motion passed 4-1 in favor.
D. CONSIDER RESOLUTION NO. 2019-R-55 AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH PAULSEN CONSTRUCTION TO PERFORM THE MIDVALE CITY COMMUNITY CENTER REMODEL Glen Kennedy said in an effort to update and repurpose the former Senior Center building, City staff are proposing to remodel the building and construct some additional surrounding and connecting facilities. The front portion of the building will be intended for use as a reception center and other events, while the rear of the building will house the Midvale City Museum. The project will also include an open pavilion with pathways connected to a kitchen and reception area. The north side of the building where the Museum will be located will be extended to make room for additional storage. The landscaping around the building will be replaced and a new low flow irrigation system will be installed. The roof will be redone, and a new HVAC system will be installed. In addition, all new plumbing and electrical will be included with the remodel.
The City’s consultant, Rick Espinosa with JRCA Architects put together the plans with the intent of bringing new life and activity to the building. The City held a bid opening on December 3rd, 2019 and received 11 bids. The bids were reviewed based on the criteria outlined in the bid documents, which included the bid price, approach to the project, and experience.
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Proceedings of City Council Meeting December 10, 2019
Based on that evaluation, Paulsen Construction was determined to be the responsive responsible bidder. Although we have not worked with Paulsen Construction before, we have checked their references and have received positive feedback.
FISCAL IMPACT: Their bid of $1,301,509 is within the budget of $1,385,000.00
Council Member Paul Glover asked what would happen if it isn’t finished by Harvest Days.
Council Member Bryant Brown said the Bowery doesn’t have very good storage units.
Kane Loader said the Bowery is in phase 2. It will be remodeled after the first phase is completed.
Council Member Dustin Gettel asked if the goal of the Museum relocating is because of the location on Main Street.
Matt Dahl said yes, this was previously discussed in the RDA Board but since has expired.
Council Member Dustin Gettel asked if the Museum provides the City with updates on the number of visitors.
Kane Loader said yes, they would be able to provide a report.
MOTION: Council Member Dustin Gettel MOVED to suspend the rules and Approve Resolution No. 2019-R-55 Authorizing the Mayor to Enter into a Contract with Paulsen Construction for the Midvale Community Center Remodel. Council Member Paul Hunt SECONDED the motion. Mayor Hale called for discussion on the motion. There being none, he called for roll call vote. The voting was as follows: Council Member Quinn Sperry Aye Council Member Paul Glover Aye Council Member Paul Hunt Aye Council Member Bryant Brown Aye Council Member Dustin Gettel Aye
X. DISCUSSION ITEM A. DISCUSS JORDAN AVENUE STREET VACATION Lesley Burns said staff has been working with the property owner of some undeveloped lots in the Eastvale Addition Subdivision located adjacent to the Midvale City Park expansion. This subdivision plat was approved by Midvale City in 1917 and appears to be the first phase of what was anticipated to be a larger development that would have included additional property to the west, which was later developed into a public school and city park. These lots front on a 30-foot wide public right-of-way that was dedicated to the City as part of the subdivision plat, but never completed. There has never been an improved road to access these lots.
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Proceedings of City Council Meeting December 10, 2019
The property owner would like to combine and re-subdivide the vacant lots to construct three single family houses under the existing SF-2 zone. To provide access to these lots, the property owner is requesting the City vacate the 30-foot wide public right-of-way between the City Park and the lots and he would construct a private road in its location. The private road will need to tie into the City’s parking lot, which was partially constructed over another public right-of-way that is also part of the Eastvale Addition subdivision.
To move forward with this project, the unimproved public right-of-way will need to go through the street vacation process and the property will need to be reviewed under the City’s subdivision review process. Because the outcome of these processes is integrally linked and both require public hearings with the Planning Commission and City Council, Staff is recommending both processes run concurrently.
This situation is not typical. Before the property owner submits the required development applications and these come before the Planning Commission and City Council, Staff would like to address any Commission and Council questions or concerns.
The Council discussed the agreement with the School District that needs to be amended. The Council expressed concern over losing trees along the park boundary and the potential precedent of losing park space if the subdivision is expanded.
Matt Dahl said if they did try to sell all or a portion of the park Midvale City has the first right of refusal.
B. DISCUSS REVISED AND RESTATED UFA INTERLOCAL AGREEMENT Lisa Garner said this discussion item involves the Revised and Restated Interlocal Cooperation Agreement Between Public Entities to Create and Govern the Unified Fire Authority (“2019 UFA Interlocal”) After approximately ten drafts, the Board of the Unified Fire Authority approved the 2019 UFA Interlocal on November 19, 2019. This Agreement replaces the initial, 2004 Interlocal Agreement between Unified Fire Authority and the member cities. Along with numerous minor revisions, the substantive changes include: a change to a weighted voting formula on budget items; specification to assets and liabilities calculated when a member wishes to withdrawal from UFA; and provisions allowing alternate board member in case of an emergency.
This item will be brought back for approval at the next Council meeting.
XI. ADJOURN
MOTION: Council Member Paul Glover MOVED to adjourn the meeting. The motion was SECONDED by Council Member Quinn Sperry. Mayor Hale called for discussion on the motion. There being none, he called for a vote. The motion passed unanimously.
The meeting adjourned at 9:50 p.m.
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Proceedings of City Council Meeting December 10, 2019
Rori L. Andreason, MMC H.R. DIRECTOR/CITY RECORDER
Approved this 7th day of January 2020.
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MIDVALE CITY COUNCIL SUMMARY REPORT
Meeting Date: January 7, 2020
SUBJECT: Consider Resolution No. 2020-R-01 Confirming the Appointment of James Rockwood as the Community Development Director
SUBMITTED BY: Matt Dahl, Assistant City Manager
SUMMARY:
Mayor Robert Hale has appointed James “Nate” Rockwood for the position of Community Development Director. Staff is seeking the advice and consent of the City Council for Nate’s appointment.
The City received over 30 applicants for the Community Development Director position. The applications were reviewed by senior management and the division heads within the Community Development Department (i.e., Planning, Engineering, Economic Development). This group scored each application, and the five highest ranked applicants were invited to interview. The same group that reviewed the resumes conducted the first round of interviews. After interviewing the top five candidates, the group recommended to Mayor Hale and City Manager Kane Loader that Nate Rockwood be appointed to the position of Community Development Director. Following his own interview with the applicant, Mayor Hale agreed with the Interview Committee’s recommendation and offered the position to Nate.
Nate’s appointment is based on his high level of education, extensive background in community development, and strong financial skills. He attained a graduate degree in public administration from Brigham Young University with a double emphasis in local government management and financial & management analysis. He has eleven years of development and management experience, most recently serving as the Director of Redevelopment and Capital Management for Park City. While at Park City, Nate oversaw a $450 million five-year capital budget, as well as leading the city’s redevelopment agency. Nate also has experience with strategic planning, project implementation, and other key services provided by the Community Development Department.
The Interview Committee, City Manager, and Mayor feel that Nate is a proven leader and would be a great fit for the Community Development Department and will be a valuable addition to the City and the community.
Nate will be available at the City Council Meeting to answer questions as part of the advice and consent process.
STAFF’S RECOMMENDATION AND MOTION: I move to approve Resolution No. 2020-R-01 Confirming the Mayor’s Appointment of James Rockwood as the Community Development Director for Midvale City.
Attachments: Proposed Resolution
MIDVALE CITY, UTAH RESOLUTION NO. 2020-R-01
A RESOLUTION CONFIRMING THE MAYOR’S APPOINTMENT OF NATE ROCKWOOD AS THE COMMUNITY DEVELOPMENT DIRECTOR FOR MIDVALE CITY
WHEREAS, the Mayor Hale is authorized to appoint, with the advice and consent of the City Council, a qualified person to serve as the Community Development Director; and
WHEREAS, the City Manager has determined that James “Nate” Rockwood has the qualifications and experience to serve as the Community Development Director; and
WHEREAS, the City Manager is recommending that Mayor Hale appoint Mr. Rockwood to that position; and
WHEREAS, Mayor Hale has sought the advice and consent of the City Council concerning such appointment; and
WHEREAS, Mayor Hale desires to appoint James Rockwood as the Community Development Director; and
WHEREAS, the City Council desires to consent to this appointment,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MIDVALE, UTAH:
Section 1. The City Council hereby confirms the appointment of James Rockwood as the Community Development Director.
Section 2. This Resolution shall take effect immediately.
APPROVED AND ADOPTED this 7th day of January 2020.
Robert M. Hale, Mayor
Voting by the City Council “Aye” “Nay” Quinn Sperry ATTEST: Paul Glover Heidi Robinson Bryant Brown Dustin Gettel Rori L. Andreason, MMC City Recorder
MIDVALE CITY COUNCIL SUMMARY REPORT
Meeting Date: January 7, 2020
ITEM: Approve Resolution No. 2020-R-02, authorizing the Mayor to enter into The Revised and Restated Interlocal Cooperation Agreement Between Public Entities to Create and Govern the Unified Fire Authority
SUBMITTED BY: Lisa Garner, City Attorney
SUMMARY: This action item involves the Revised and Restated Interlocal Cooperation Agreement Between Public Entities to Create and Govern the Unified Fire Authority (“2019 UFA Interlocal”) After approximately ten drafts, the Board of the Unified Fire Authority approved the attached 2019 UFA Interlocal on November 19, 2019. This Agreement replaces the initial, 2004 Interlocal Agreement between Unified Fire Authority and the member cities. Along with numerous minor revisions, the substantive changes include: a change to a weighted voting formula on budget items; specification to assets and liabilities calculated when a member wishes to withdrawal from UFA; and provisions allowing alternate board member in case of an emergency.
STAFF’S RECOMMENDATION AND MOTION:
I move that we adopt Resolution No. 2020-R-02 a resolution authorizing the Mayor to enter into The Revised and Restated Interlocal Cooperation Agreement Between Public Entities to Create and Govern the Unified Fire Authority
MIDVALE CITY, UTAH RESOLUTION NO. 20120-R-02
A RESOLUTION AUTHORIZNG THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT TO REVISE AND RESTATE THE CREATION AND GOVERNANCE OF THE UNIFIED FIRE AUTHORITY.
WHEREAS, The Interlocal Cooperation Act, Utah Code Ann.§11-13-101 et seq. (“the Interlocal Cooperation Act”) provides that any two or more public agencies may enter into agreements with one another for joint or cooperative action following the adoption of an appropriate resolution by the governing body of each participating public agency;
WHEREAS, The Unified Fire Authority (“UFA”) and its member entities are public agencies for the purposes of the Interlocal Cooperation Act;
WHEREAS, UFA was created in 2004 via interlocal agreement to provide fire protection, emergency medical, and other related services to its member entities;
WHEREAS, UFA and its member entities wish to revise and restate the 2004 agreement to better reflect the current status and operation of UFA by entering into a new interlocal agreement.
WHEREAS, On November 19, 2019, the Board of Directors of UFA passed Resolution No. 11- 2019A of 2019 approving The Revised and Restated Interlocal Cooperation Agreement Between Public Entities to Create and Govern the Unified Fire Authority in the form attached as Exhibit “A”;
WHEREAS, The Midvale City Council has reviewed The Revised and Restated Interlocal Cooperation Agreement Between Public Entities to Create and Govern the Unified Fire Authority and has determined that it is in the best interest of Midvale City to enter into this agreement.
NOW THEREFORE BE IT RESOLVED, based on the foregoing, the Midvale City Council does hereby approve this agreement, in the form attached as Exhibit A, and authorizes the Mayor to sign The Revised and Restated Interlocal Cooperation Agreement Between Public Entities to Create and Govern the Unified Fire Authority.
APPROVED AND ADOPTED this 7th day of January 2020.
Robert M. Hale, Mayor
ATTEST: Voting by the City Council “Aye” “Nay” Dustin Gettel ______Paul Glover ______Quinn Sperry ______Rori L. Andreason, MMC Heidi Robinson ______City Recorder Bryant Brown ______REVISED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN PUBLIC ENTITIES TO CREATE AND GOVERN THE UNIFIED FIRE AUTHORITY
This Revised and Restated Interlocal Cooperation Agreement (this “2019 Agreement”) is made and entered into as of the 1st day of December 2019, to be effective when all of the conditions identified in Paragraph 27 of this 2019 Agreement have been satisfied, by and between the UNIFIED FIRE SERVICE AREA, a local district and political subdivision of the state of Utah (the “Service Area”); SALT LAKE COUNTY, a body corporate and politic
(“County”); the TOWN OF ALTA (“Alta”), COPPERTON METRO TOWNSHIP
(“Copperton”), the city of COTTONWOOD HEIGHTS (“Cottonwood Heights”), EAGLE
MOUNTAIN CITY (“Eagle Mountain”), EMIGRATION METRO TOWNSHIP (“Emigration”),
HERRIMAN CITY (“Herriman”), the CITY OF HOLLADAY (“Holladay”), KEARNS
METRO TOWNSHIP (“Kearns”), MAGNA METRO TOWNSHIP (“Magna”), MIDVALE
CITY (“Midvale”), MILLCREEK (“Millcreek”), RIVERTON CITY (“Riverton”),
TAYLORSVILLE CITY (“Taylorsville”), and WHITE CITY METRO TOWNSHIP (“White
City”), all municipal corporations and political subdivisions of the State of Utah. All of the above may be referred to individually as a “Party” and collectively as the “Parties.” Alta,
Cottonwood Heights, and Holladay may be referred to collectively at times as the “Contracting
Entities.” The remaining Parties, excluding the Service Area, may be referred to collectively at times as the “Service Area Members.” The interlocal entity described herein is referred to as the
UNIFIED FIRE AUTHORITY (the “Authority”) and will also be considered a Party to this 2019
Agreement.
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RECITALS
A. Several of the Parties, as well as other entities no longer affiliated with the
Authority, established the Authority via interlocal agreement effective January 1, 2004, which was also subsequently amended (the “2004 Agreement”).
B. The original membership of the Authority has changed over the course of its history, with the City of Draper exiting the Authority, the establishment of the Service Area as a taxing district for the purposes of funding the provision of services by the Authority to the
Service Area Members, the incorporation of Millcreek and the metro townships (formerly a part of the unincorporated area of the County), and the annexation of a number of municipalities into the Service Area.
C. Throughout these changes and since its creation in 2004, the Authority has been a provider of fire suppression, emergency medical, and related services to its member municipalities and unincorporated Salt Lake County.
D. The Parties to this 2019 Agreement desire that the Authority continue to provide fire suppression, rescue services, emergency medical services, emergency protection, and related services to the Parties. The Parties believe that the depth of service provided by the Authority ensures that their communities are receiving consistent and high quality service.
E. Because of the significant changes in the membership of the Authority, as well as lessons learned since its creation in 2004, the Parties agree that a revised and restated interlocal agreement is the best means of setting forth the terms and conditions of the continued existence and governance of the Authority. This 2019 Agreement is therefore intended to, and does, revise
2 and replace, in its entirety, the 2004 Agreement establishing the Authority, including any amendments thereto.
F. Pursuant to the Interlocal Cooperation Act, Utah Code Ann. § 11-13-101 et seq.
(the “Interlocal Cooperation Act”), the Parties, all of which are “public agencies” for the purposes of the Interlocal Cooperation Act, are authorized to enter into this 2019 Agreement and to thereby maintain an interlocal entity for the provision of fire suppression, rescue services, emergency medical services, emergency protection, and related services to the Parties.
G. The Parties desire to enter into this 2019 Agreement to affirm the creation of the
Authority, refine the description of its membership, and revise the governance of, and terms and conditions of service by, the Authority.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
Parties and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Interlocal Entity. Pursuant to the Interlocal Cooperation Act, the Parties agree to the continued existence of the Authority as a separate political subdivision and body politic and corporate of the state of Utah, as established pursuant the 2004 Agreement, subject to the revised and restated terms and condition found in this 2019 Agreement.
2. Name. The legal entity will continue to be known as the Unified Fire Authority.
3. Summary of Scope of Services to be Provided by Authority. The scope and type of services provided to the Parties by the Authority will be determined through the regular adoption and maintenance of a strategic plan and other policies of the Authority, adherence to standards of emergency response coverage, and the annual budget process as determined by the
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Authority’s Board of Directors (the “Board”). The following guidelines are intended to inform these processes for those geographical areas in which the Authority will directly provide services:
4. The Authority will staff engines and trucks with three or more firefighters in a manner to
maintain coverage and response reliability within each community.
a. In urban and suburban areas, a Party (or in conjunction with another Party or
applicable building authority collectively established by Parties) will own or
construct, and provide capital maintenance for, fire stations to be used by the
Authority that facilitate a four-minute travel time within its built-upon area. The
expectation will be for the Authority to maintain a service level that provides an
Insurance Services Office (“ISO”), or similar successor rating agency,
suppression rating of 3 or better.
b. In rural/interface areas that are not yet significantly built-upon (as designated and
identified by the ISO), a Party (or in conjunction with another Party or applicable
building authority collectively established by Parties) will own or construct, and
provide capital maintenance for, fire stations to be used by the Authority, that will
meet the requirements for an ISO suppression rating of 9 (3X) or better.
c. At the time of execution of this 2019 Agreement, the currently existing or planned
stations are consistent with these guidelines.
5. Baseline Services. The following baseline services (“Baseline Services”) are to be included in the member fee (“Member Fee”) described in Paragraph 5. Additional Baseline
Services to be included in the annual Member Fee must be approved by a two-thirds vote of the
Board as part of its budgetary process. The Member Fee will constitute the payment mechanism
4 by which the Parties pay the Authority for the Baseline Services provided and will be established by the Board during the Authority’s budget process:
a. Service Delivery:
i. Fire Suppression.
ii. Advanced and Basic Life Support First Response and emergency
transport.
iii. Fire Prevention, including Fire Code review and enforcement.
iv. Fire / Arson Investigation and Bomb Squad.
v. Public Information and Community Events.
vi. Special Operations: hazardous materials, heavy rescue, search and rescue,
and surface water rescue.
b. Support Services. Support services such as administration, finance, legal, human
resources, information technology, medical, training, and logistics necessary for
the delivery of the services stated above.
c. Capital Purchasing. Timely payment of all debt obligations incurred in capital
purchasing and replacement of apparatus and equipment necessary for the
delivery of the services stated above.
6. Member Fee. Fees and costs for services attributable to the Member Fee will be transparently disclosed and stated with reasonable specificity in each annual budget adopted by the Board. The Board will adopt policies that allow for the guidance and development of the budget. Parties will be provided reasonable notice prior to any significant change in the level of services or reallocation of the Authority’s resources compared to the prior fiscal year. Each
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Contracting Entity will be charged an individual Member Fee and the Service Area will be charged one Member Fee for all of the Service Area Members. Service Area Members will not be charged an individual Member Fee.
7. County-wide Fire and Emergency Services. The County (not the other Parties) may budget funds from its County-wide fund to provide county-wide services (“County-wide
Services”). Funding for County-wide Services will be separate from fees and other funding agreements provided under this 2019 Agreement. The Authority will prepare a budget request for the County in such form and follow such timelines and procedures as regularly established by the
County. The nature and level of County-wide Services provided by the Authority will be in accordance with the funding budgeted by the County. County-wide Services will be integrated into the command structure and organization of the Authority and include the following:
a. Emergency Operation Center and Emergency Planning. Providing emergency
services including grant administration; preparing, drafting and reviewing
emergency operation plans for County-wide emergency services in accordance
with requirements of federal and state statutes and for use by other government
agencies in times of disaster or other emergencies; and providing local emergency
planning committee services.
b. Recreation Area Services. Providing fire and emergency medical protection services
to areas designated as recreational areas pursuant to Utah Code Ann. §17-34-101,
et. seq., or any similar successor provision.
c. Additional County-wide Services. Additional County-wide Services may be
established by separate agreement between the Authority and the County without
the need to amend this 2019 Agreement.
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8. Enhanced Services. A Party may individually enhance the level of Baseline
Services provided by the Authority to that Party at an additional cost. The enhancement, cost, and start date of the new enhanced service (“Enhanced Services”) are subject to pre-approval by the Board. The additional fee for Enhanced Services will accrue as of the date such services begin and be due and payable as part of that Party’s Member Fee as provided for in this 2019
Agreement or, in the case of a Party that is part of the Service Area, a separate Enhanced
Services fee paid separately to UFA by the Party receiving such services.
9. External Contract Services. By separate agreements, other agencies may receive and separately fund services. The Board must approve the extension of external contract services. Examples of current external contracts services being provided include:
a. Urban Search & Rescue program funded by FEMA grants.
b. Camp Williams Fire Management Officer and suppression funded by the Utah
National Guard.
c. Utah Data Center protection funded by the Utah Military Installation
Development Authority.
d. The JATC fire school program funded by the Jordan School District.
10. Governance and Administration of Authority. The Authority’s governing body is its Board, which is comprised of representatives of the Parties served by the Authority
(each of which is a “Board Member”). Although the Service Area is a Party to this 2019
Agreement, its role is to act as a taxing district to pay for the Authority’s services for the benefit of its members, and will therefore not have any separate, direct representation on the Board beyond its individual members’ participation on the Board.
7 a. Board of Directors.
i. Each city and metro township to which the Authority provides services
will receive a position on the Board, regardless of whether they are a
Contracting Entity or Service Area Member.
ii. The County will receive two positions on the Board. One Board Member
will be the County Mayor, or a Deputy Mayor or Associate Deputy Mayor
as designated by the County Mayor, and one Board Member will be
appointed from the County Council.
iii. Except for the County as provided for in subparagraph a(ii), each Board
Member must at all times be an elected official of the Party and either a
mayor or councilmember of the municipality’s governing body.
iv. A Party may designate, on an annual basis, an “alternate” Board Member
(who must still qualify under subsections a.ii and a.iii above and be
designated in writing to the Authority), to attend and fully participate,
including voting, in Board meetings on behalf of the Party if that Party’s
designated regular Board Member is unable to attend. Board Members are
encouraged to appear remotely via phone or video if they are unable to
attend in person before utilizing this option and to provide as much notice
as possible to staff that the alternate will be attending.
v. Board Members will serve indefinitely at the pleasure of the appointing
entity. Any appointment or removal of a Board Member will be
accompanied by a letter or resolution of appointment from the applicable
Party notifying the Authority of such action.
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vi. Board meetings, and all actions taken thereby, will require a quorum be
present and will operate in compliance with the Open and Public Meetings
Act (Utah Code Ann. §52-4-101, et seq.), or successor applicable open
meetings law.
vii. Matters related to the operation of the Board, such as meeting times, the
conduct of meetings, chair and vice-chair appointments, etc. will be
established and adopted by the Board as written policies and procedures.
viii. Recognizing the significant time commitment in Board participation,
Board Members may, at the discretion of the Board, receive an annual
stipend in an amount to be determined by the Board pursuant to the annual
budget process for their participation on the Board. While not specifically
applicable to the Authority, the Board will comply with the requirements
of Utah Code Ann. §10-3-818, or similar successor statutory provision, for
any instigation or increase in said stipend. Nothing in this Agreement will
prevent an individual Party from compensating, in its discretion, its
representative Board Member directly for time spent on Authority matters. b. Voting.
i. For all matters related to the governance of the Authority, each Board
Member will be entitled to one vote on the Board and matters, unless
otherwise specifically stated herein, will be passed by a vote of at least a
majority of the Board at a duly noticed meeting; i.e., the affirmative vote
of at least a majority of all Board Members rather than a majority of a
quorum of the Board Members present at the particular meeting.
9 ii. In regards to any proposed vote of the Board, to be taken pursuant to
subsection (b)(i) above, to adopt a fiscal year’s tentative or final budget, or
to adopt any budget amendment, any two Board Members (or alternates)
representing separate Parties who are present at a Board Meeting may call
for a “weighted vote,” at which time, after an opportunity for discussion
and deliberation by the Board, a vote will be taken on such issue based
upon a weighted voting system with the weight of each Board Member’s
vote being determined as follows:
1. A “Member Fee Percentage” will be calculated by computing the
percentage each Party is paying for the Authority’s services in
comparison to the total of all Member Fees (Member Fees for this
calculation do not include payments for County-wide services
provided for in Paragraph 6). UFSA will not be considered a Party
for this calculation as its Member Fee in comparison to the total of
all Member Fees will be allocated among its member entities in
proportion to each Party’s taxable value for that fiscal year as
calculated by the Utah State Tax Commission.
2. A “Population Percentage” will be calculated by comparing a
Party’s population to the total population of the communities
served by the Authority, using the most recently available census
data, as updated by the Kem C. Gardner Policy Institute or other
agency subsequently designated by the State of Utah for
population estimates.
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3. Each Party’s Member Fee Percentage and its Population
Percentage will then be averaged (i.e. 50 percent allocation by
Member Fee Percentage and 50% by Population Percentage) to
create the final “Weighted Voting Percentage” for that Party.
4. The County’s Weighted Voting Percentage will be divided and
allocated equally to each of the County’s Board Members for the
purposes of a weighted vote. In no event will the total percentage
of weighted voting allocated to the County Board Members exceed
the County’s Weighted Voting Percentage.
5. An example of this calculation as it would occur as of October 1,
2019 is attached hereto as Exhibit “B” with the calculation of the
Member Fee Percentage shown in Table 1, the Population
Percentage shown in Table 2, and the Weighted Voting Percentage
shown in Table 3.
6. When weighted voting is requested under this paragraph, approval
of the budget or amendment will pass with an affirmative vote of
the majority of the weighted vote, i.e. a vote that exceeds fifty
percent of the total weighted vote of all Board Members rather
than a majority of a quorum of the Board Members present at the
particular meeting.
11 c. Executive Staff:
i. The Board will directly supervise, appoint, and be responsible for
removing the Fire Chief/CEO of the Authority. The Board will negotiate,
approve, and execute a written employment agreement with the Fire
Chief/CEO setting forth the terms and conditions of employment.
ii. The Board will directly supervise, appoint, and be responsible for
removing the Chief Legal Officer of the Authority. The Board will
negotiate, approve, and execute a written employment agreement with the
Chief Legal Officer setting forth the terms and conditions of employment.
iii. The Fire Chief will supervise the Chief Financial Officer of the Authority,
but will require ratification of the Board for any appointment or removal
of an individual to the position of Chief Financial Officer.
iv. The Merit System Coordinator, as described in Exhibit A to this 2019
Agreement, will operate pursuant to policies established by the Board and
will report to the Board on matters related to the Authority’s Fire Merit
System. Upon request of the Board, the Fire Chief will make a
nomination or, at the request of the Board, nominations of a candidate or
candidates for the position of Merit System Coordinator and the Board
will appoint a person to the position.
v. All other employees will be supervised by the Fire Chief pursuant to
policies adopted by the Authority and Exhibit A to this 2019 Agreement. d. Policies. The Board will adopt a set of Board Policies that will broadly govern
and set the expectations for the operation of the Authority. These Board Policies
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will inform and direct a set of operational policies created and adopted by the Fire
Chief/CEO in consultation with the CLO and Command Staff.
11. Non-Station Facilities.
a. Other Facilities. If the Authority wishes to construct an additional public safety
facility, such as a facility for administration, logistics, training, etc., the Board
will equitably apportion the cost to construct or remodel any such public safety
facility that is used to provide the Baseline Services to the Parties similar to the
apportionment of the Member Fee for Baseline Services. If the benefit of such
facility specifically inures to one or more Parties to the exclusion of others, the
Board may apportion the cost of such facility to the benefiting Party or Parties to
be paid as an addition to the Member Fee (in the case of a Party who is part of the
Service Area as a separate fee similar to one charged for Enhanced Services) or
by the application of a Party’s collected impact fees.
b. Transition of Stations. Should the Authority decide to discontinue its use of a fire
station as an emergency response facility, but the Authority and the owning Party
agree that the Authority may continue to use it for another purpose in support of
its provision of services, the Authority will assume the capital maintenance
responsibility for such facility and will occupy it with an annual lease payment of
$1.00 to the owning Party.
12. 2004 Equipment. The 2004 Agreement provided a specific description of equipment conveyed to the Authority by the Parties then forming the Authority. The time elapsed since the 2004 Agreement means that all or nearly all of the equipment conveyed has been cycled through, merged with other equipment, or used to the end of its useful life. The
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Authority represents that any such equipment detailed in the 2004 Agreement is no longer of any value or has been so incorporated into the Authority inventory that it no longer represents identifiable items of separate property. The Parties therefore agree to disclaim any rights to return of property found in the 2004 Agreement and agree that disposition of any equipment to members upon dissolution or withdrawal will be accomplished according to the provisions of this 2019 Agreement.
13. Employees. The Parties (excluding the Authority) agree that no Party will have any fiscal obligation or liability for the payment of salary, wages, benefits, or other compensation of employees of the Authority beyond the assessment of the Member Fee.
14. Merit System. The Parties agree that the Authority will operate with a Merit
System for sworn fire-fighter employees as provided for in Exhibit A and any policies duly adopted to be consistent therewith and general merit principles.
15. Reports, Audits, and Performance Measures.
a. The Authority will be subject to Utah Code § 11-13-501 et seq., or successor
provision, for accounting, reporting, budgeting, and auditing requirements, as
modified and enhanced as determined by the Board. The functions of budget
officer, treasurer, or any other defined function with respect to the Authority will
be determined by policies and procedures adopted by the Board. The budgeting
cycle for the Authority will be via a fiscal year beginning July 1 and ending June
30 of the succeeding year.
b. To ensure transparency, the Authority will prepare a financial report as part of the
annual budgeting process and receive an annual audit report. Such reports will be
both posted online and available upon request.
14
c. The Authority will also keep records and statistics related to the performance of its
services and will, from time to time, prepare reports summarizing performance.
The Board or any individual Party may make a request for the creation of such a
report at any time and Authority will use its best efforts to prepare such a report in
a timely manner.
16. Indemnification. The services the Authority provides are governmental functions and the Parties are all governmental entities under the “Governmental Immunity Act of
Utah” (Utah Code § 63G-7-101, et seq.), or successor provision (the “Immunity Act”). The
Parties do not waive any immunities, rights, or defenses available under the Immunity Act, nor does any Party waive any limits of liability provided by the Immunity Act. Consistent with the terms of the Immunity Act, and as provided herein, it is mutually agreed that each Party is responsible and liable for its own wrongful or negligent acts which are committed by it or by its agents, officials, or employees. Each Party agrees to defend, indemnify, save and hold harmless the Authority or any other Party (including its elected and appointed officers and employees) from and against demands, claims, actions and/or proceedings, in law or equity(including reasonable attorney’s fees and costs of suit) relating to or arising from actions of that
Member’s elected and appointed officers or employees or the Authority’s enforcement of any ordinances of that Party that is alleged to be unconstitutional or illegal.
17. Term. This 2019 Agreement will be effective as of the date it is fully approved and executed by the Parties and, unless terminated as provided for herein, will be in effect for a term of twenty-five years. The Parties agree that every five years this 2019 Agreement will be brought before for the Board for review and discussion to determine if revisions are necessary to
15 better accomplish its goals given any changes in circumstances or law that have occurred over the preceding years.
18. Withdrawal.
a. Cooperation. If a Party wishes to withdraw from the Authority and the terms and
conditions of this 2019 Agreement, the Parties agree to work cooperatively in
such a manner as to minimize the harm to any Party and the public safety of the
citizens of all Parties. The Authority will respect the desire and decision of the
withdrawing Party, and the withdrawing Party will respect the need for and allow
the necessary planning to ensure a withdrawal will result in the minimum impact
reasonably possible on the Authority and remaining Parties.
b. Requirements.
i. Due to the complexities of the operation of the Authority and the
significant impact a withdrawal may have on the other Parties, a Party
must provide at least twelve months’ advance notice as to the date it
wishes to withdraw from the Authority. Those twelve months will run
from the date the UFA Fire Chief and CLO receive a written notice of
withdrawal from the withdrawing Party. The Parties acknowledge that the
annual Member Fees paid to the Authority do not constitute the
establishment of a debt for any Party and will be paid as services are
provided. Furthermore, the Parties acknowledge that the inclusion of a
twelve months’ withdrawal period renders this 2019 Agreement one of
reasonable duration.
16 ii. The twelve month notice requirement for withdrawal may be shortened
upon mutual agreement between the withdrawing Party and the Authority,
if approved by the Board. iii. Upon providing notice of its intent to withdraw, the withdrawing Party’s
Board Member must, if applicable, relinquish his or her position as Board
Chair/Vice-Chair and any committee Chair. The Board Member will also
be automatically recused from matters directly affecting the withdrawal
process. Such recusal will only extend to voting on matters related to the
withdrawal process and the withdrawing Party’s Board Member will have
the right to participate in Board discussions and debates related to such
issues. However, a withdrawing Party’s Board Member may be excluded
from any closed sessions, properly held pursuant to the Utah Open and
Public Meetings Act, to discuss matters related to the withdrawal of that
Party. If a withdrawing Party revokes its intent to withdraw, its Board and
Committee positions will be reinstated. iv. The Parties and the Authority agree that if a Party withdraws and
subsequently forms or participates in a new fire department with other
Parties, that the Authority and withdrawing Party will, in good faith,
negotiate or join existing relevant mutual and automatic aid agreements
covering both the Authority and withdrawing Party, subject to approval of
the withdrawing Party’s governing body.
17
v. Upon receiving a notice of intent to withdrawal, the Parties will begin the
withdrawal process by creating a withdrawal plan that will comply with
the general principles provided for in this Paragraph 17. c. Disposition of Stations or Equipment.
i. Station Lease. The Authority will cease using the stations owned by the
withdrawing Party upon the effective date of the Party’s withdrawal. The
withdrawing Party, or other station owner, will receive the station in an as-
is condition as of the effective date of the withdrawal. If the withdrawing
Party is not the owner of the station at the time of withdrawal and it
wishes to use the station after withdrawal, the withdrawing Party will be
responsible for coordinating such use with the station’s owner. The
Authority will use its best efforts to maintain the station in its condition
from the date of the notice to the date of withdrawal, but will not be
responsible for any normal wear and tear during the withdrawal period,
nor for any deterioration or destruction of the station outside of its control.
ii. Improvements. If the Authority has constructed or incorporated
improvements or fixtures into the real property of the stations that cannot
be removed without destroying the improvement’s value, the withdrawing
party will reimburse the Authority for the depreciated value of the
improvements at the time of withdrawal using a ten year straight line
depreciation period with no residual.
iii. Station Inventory. The Authority and the withdrawing Party will meet and
confer to create a property disposition plan to account for supplies and
18
equipment located in the stations serving the withdrawing Party that are to
be vacated by the Authority. This plan will contain an inventory of any
items for which the withdrawing Party can specifically prove ownership.
The withdrawing Party will be entitled to retain only such inventoried
items upon withdrawal. All other supplies or equipment used or installed
by the Authority during its normal operations and procurement will not be
included in this inventory and will be retained by the Authority or sold to
the withdrawing Party pursuant to the terms of this 2019 Agreement. iv. Apparatus and Equipment. If the withdrawing Party has transferred
apparatus or equipment to the Authority and such apparatus or equipment
has not been cycled through to the end of its usable life or inseparably
incorporated in the Authority’s inventory, those units will be returned to
the withdrawing Party. All apparatus and equipment purchased through
the Authority’s capital replacement plan is owned by the Authority.
v. Debt Obligation. Although the withdrawing Party will not be obligated to
continue its portion of the payment for any debt of the Authority related to
the acquisition of apparatus and equipment, however, the withdrawing
Party will not have any property right to any such apparatus and
equipment in the stations serving the withdrawing Party except as
provided for above. vi. Sale of Apparatus or Equipment. Unless it determines doing so will cause
harm to the remaining Parties, the Authority will offer to sell engines,
trucks, ambulances, and/or other equipment (each “a unit”) assigned to the
19 stations serving the withdrawing Party at full market value (i.e. the retail price the unit would cost in an arms-length transaction given its age and condition at the time of purchase by the withdrawing Party) as determined by a mutually agreed-upon third party appraisal (hereinafter “FMV”). The withdrawing Party is not obligated to make such a purchase.
1. Any units that were purchased as part of a current, outstanding
loan or lease to the Authority will be retained by the Authority. A
withdrawing Party may acquire such a unit if the withdrawing
Party is able to assume full financial responsibility of the
underlying obligation and obtain a full release of the Authority’s
obligation to maintain ownership of the unit as collateral for any
loan, lease, or other transaction. Such an assumption of liability
and release will be subject to agreement with the Authority,
including the potential payment of consideration to the Authority
to account for any equitable value of the asset (i.e. payment of
FMV less the assumed obligation) or the obligation being paid and
released through the Authority (i.e. payment of FMV and receipt of
the unit without any attached debt obligation), and will only be
considered if such a transaction does not adversely affect the
Authority’s operations or the financing of the Authority’s other
assets. The Authority may also substitute another unit as
appropriate.
20
2. If the withdrawing Party wishes to acquire additional apparatus
and equipment units beyond that serving the withdrawing Party,
the Authority, at its option, may offer additional apparatus or
equipment at FMV. d. Personnel. If the withdrawing Party plans upon withdrawal to start its own
department or expand a previously existing department with others, the
withdrawing Party agrees to provide (or to encourage, in good faith, the existing
department it is joining to provide) an employee selection process exclusively for
interested, existing staff of the Authority prior to engaging in an open and public
recruitment for staffing.
i. This process does not include recruitment for Fire Chief or other and
executive level positions.
ii. The withdrawing Party is not obligated to hire those who apply during this
process, merely to give existing staff of the Authority the first opportunity
to potentially fill the prospective new positions.
iii. The withdrawing Party agrees that employees of the Authority that are
hired by the withdrawing Party will have the option to either: 1) receive a
payout of their Authority vacation balance directly from the Authority on
the employee’s date of separation pursuant to the Authority’s then existing
policy; or 2) transfer of their vacation hours to their new position with the
withdrawing Party. In the event of a transfer and acceptance of vacation
hours, the Authority will pay to the withdrawing Party the value of the
21
vacation hours at the employee’s wage rate as of the employee’s last day
with the Authority.
iv. Sick leave balances of employees hired by the withdrawing Party will not
transferred and will be handled pursuant to internal policy and procedure
of the Authority.
v. Retirements contributions by the Authority for the any employee leaving
the Authority and starting work with a withdrawing Party will cease upon
the employee’s last day with the Authority.
vi. The Authority will allow any fire fighter leaving the Authority and
moving to the withdrawing Party to take their existing, issued personal
protective equipment (“PPE”) with them to their new employment with
the withdrawing Party. The ownership of the PPE will be transferred to
the withdrawing Party at no cost.
e. Licenses. The Authority will work in good faith with the withdrawing Party to
secure or transfer the necessary licenses or contractual arrangements for the
provision of emergency ground transportation.
19. Admission of New Parties. The Parties anticipate that during the term of this
2019 Agreement additional governmental entities may wish to join the Authority and be bound to the terms and conditions of this 2019 Agreement. The process and requirements for becoming an additional Party to this Agreement and member of the Authority will apply equally to the addition of a new Contracting Entity to the Authority and to the addition of a municipality to the
Service Area. The process and requirements should occur prior to the statutory process required for such admission of a municipality to the Service Area, and any entity that approaches the
22
UFSA Board or a UFSA Board Member about joining the UFSA will be directed to speak first to the UFA Chair and/or the Fire Chief. Admission of an additional Party will be pursuant to the following process and conditions:
a. The Fire Chief will advise the Board Chair of any expressed interest in joining the
Authority of which the Fire Chief becomes aware, and the Board Chair will
advise the Fire Chief of any expressed interest in joining the Authority of which
the Board Chair becomes aware. The Fire Chief and Board Chair will then have
the authority to hold initial, non-public discussions with any municipality or other
entity expressing interest in joining the Authority to gauge feasibility or level of
interest in joining. However, neither the Fire Chief nor the Board Chair is
authorized to discuss the potential of an entity joining the Authority in a public
setting without prior notice to and permission from the Board. Further, neither
the Fire Chief nor the Board Chair may make any agreements with the potential
new member concerning joining the Authority without complying with the
requirements of this Paragraph 18.
b. Under the direction of the Board, the Authority’s staff will conduct a feasibility
study to evaluate the potential addition of the new member. In conducting the
feasibility study under this section, the study should include the following
(provided that these guidelines are subject to revision by the Board in subsequent
Board Policy without the need to amend this 2019 Agreement):
i. Population and population density within the proposed municipality;
23 ii. Current and five-year projections of demographics and economic base in
the proposed municipality, including household size and income,
commercial and industrial development, and public facilities; iii. Projected growth in the proposed municipality during the next five years; iv. The present and five-year projections of the cost, including overhead, of
providing the Baseline Services in the proposed municipality as is
provided by the Authority in similar municipalities;
v. The number, classification, and cost of wages, salaries, and benefits of any
line and staff employees that the proposed municipality desires the
Authority to absorb as part of joining the Authority assuming that:
1. The Authority will agree to accept all fire personnel assigned to
engines, trucks, and ambulances;
2. The Authority will have the option to consider employment of
Chief Officers or other staff;
3. Employees transferred to the Authority will transfer with:
a. Wages normalized to the Authority pay structure except
that if an employee’s existing wage is higher, the employee
wage will be frozen until the wage is normalized with the
Authority wage schedule;
b. Seniority equal to years of full time career experience with
the joining municipality on last day of employment with
the joining municipality;
24
c. Vacation leave balance on last day of employment with a
calculation of the total liability for vacation accrual that
will be paid for by the joining municipality;
d. Sick leave balance on last day of employment (if hours
exceed existing Authority cap, cost for municipality to buy
down the employee’s sick leave prior to transferring to the
Authority).
vi. The location, condition, and value of the physical assets necessary to
provide services in the joining municipality that would be transferred to
the Authority by the municipality including in the study the feasibility of:
1. A Contracting Entity retaining ownership of the fire stations and
being responsible for capital maintenance, or a Service Area
Member transferring station ownership and responsibility for
capital maintenance to the Service Area.
2. Transferring necessary assets, such as apparatus, equipment, PPE,
station supplies, etc. to the Authority to provide the services to the
joining municipality. vii. An assessment of the debts, liabilities, and obligations of the joining
municipality that may be necessary for the Authority to acquire in order to
provide the services to the joining municipality. viii. The fiscal impact that the joining municipality's addition has on other
Parties by the Authority, including any Member Fee changes that may
become necessary to maintain existing levels of service for current Parties.
25
ix. The impact of adding the municipality to the Authority service area on the
Insurance Service Office (ISO) Fire Insurance Community Grading
currently held by the Authority.
x. Any other factor that staff considers relevant to the question of admitting a
new municipality to the Authority. c. A joining municipality, depending upon the circumstances and the equities
involved in its joining the Authority, may be subject to a separate agreement that
may contain a minimum period of membership that will be negotiated based on
the review of the circumstances, including the assets and liabilities the
municipality will be transferring to the Authority d. Approval of a new municipality as either a Contracting Entity or as a new
member of the Service Area would require a two-thirds affirmative vote of the
Authority’s Board at a duly noticed meeting (i.e., the affirmative vote of at least
two-thirds of all Board Members rather than two-thirds of a quorum of the Board
Members present at the particular meeting) and the new member agreeing to sign
as a Party to this 2019 Agreement. e. After approval by the Board just described, an entity desiring to join the Authority
by joining the Service Area (as opposed to becoming a Contracting Entity), must
file a resolution to initiate the Annexation procedures set forth in Title 17B,
Chapter 1, Part 4 of the Utah Code. As this process is statutory in nature, a
successful annexation cannot be guaranteed. For instance, the annexation statute
allows for a certain number of citizen protests to halt an annexation, or to force an
election on the matter.
26
f. The incorporation of a previously unincorporated area, served by the Authority
and located within the Service Area, as a new municipality that remains in the
Service Area will not be considered an admission of a “new” Party under this
Paragraph. Such municipality will receive a position on the Board as described in
Paragraph 9.
g. A municipality leaving the Service Area to become a Contracting Entity will not
be considered a “new” Party, but will be subject to the Member Fee system and
calculation for contracting parties as adopted in the current budget.
20. Coverage Area. The coverage area of the Authority may increase or otherwise be affected by annexations, disconnections, consolidations, boundary adjustments and/or dissolutions related to the individual Parties. The Parties agree to notify the Authority, in advance, of any such changes to the coverage area. If such a change is significant enough to materially affect the response time or other operational issues, the Parties agree that a change to the Member Fee may be warranted and that such change may be brought to the Board for approval outside of the annual budgetary process.
21. Service Area. The Service Area Members are each individual municipalities and are served by the Authority. Each Service Area Member is therefore a separate and independent
Party under the terms of this 2019 Agreement and enjoys the rights and remedies provided for herein. In the event of a split in position or controversy between or among the Service Area
Members, those Parties agree that such will be resolved within the context of the membership and governance of the Service Area and the provisions of this 2019 Agreement will not be used to frustrate the Service Area’s purposes or otherwise harm the operations of the Authority in providing services to the citizens of the Parties. Similarly, the Authority will assist to the degree
27 reasonably possible any Party wishing to switch from a Contracting Entity to a Service Area
Member, or vice versa, to accomplish that Party’s goal without discrimination or harm to any other Party. An alteration in the composition of the Service Area that does not increase the extent of the Authority’s services to another geographic area needs only to be accompanied by a written acknowledgement reflecting such composition without any need to undergo the amendment process provided for in Paragraph 25. For example, if an unincorporated area that is part of the Service Area incorporates into a municipality or a metro township incorporates into a city, and such new entity remains in the Service Area such that Authority services will continue, no amendment is necessary and the new entity may simply sign an acknowledgement to be bound by the terms of this 2019 Agreement as a Party in its newly established form. It will then be considered, in its new form, as a Party to this 2019 Agreement without the need for further action by the other Parties
22. Remittance. Each Party will prospectively remit the payments required to the
Authority by this 2019 Agreement, such as the Member Fee established each annual budget year or any other required payments, on a quarterly basis and on the first day of each calendar quarter.
Upon agreement between the Authority and a Party, a Party may also pay prospectively amounts due at shorter intervals, such as monthly, so long as the arrangement is agreed upon in advance and in writing.
23. Breach or Failure to Pay.
a. A failure to timely pay the Member Fee or other payment due to the Authority
will be considered an immediate and material breach of this 2019 Agreement.
Upon such failure to pay, the Authority will notify the breaching Party of the
alleged breach and provide thirty days for the breaching Party to remedy the
28
alleged breach. Authority will continue to provide the services provided for in
this 2019 Agreement in light of the public safety impacts a cessation of services
would cause, however, failure to remedy the alleged breach after thirty days will
result in the Authority being allowed to declare a default of this 2019 Agreement.
Upon declaration of default, the Authority may seek all remedies available at law
or equity (including the judicial remedy of injunctive relief to require the
continued payment for services being provided), and the declaration of default
will be deemed to constitute an involuntary Notice of Withdrawal to begin the
process provided for in Paragraph 17 for the breaching Party.
b. Upon a material breach of this 2019 Agreement by a Party not involving a failure
to pay an amount due, the non-breaching Party or Parties will notify the breaching
Party of the alleged breach and provide 30 days to remedy the alleged breach. If
the breaching Party fails to remedy the alleged breach, the non-breaching Party or
Parties may declare a Default of this 2019 Agreement and seek appropriate
remedies in law or equity.
24. Termination. Due to the nature of the services being provided and the structure of the Authority, this 2019 Agreement cannot be terminated in its entirety except by the expiration of its term, by the mutual agreement of all Parties that the Authority should be dissolved as an interlocal entity, or by any other method now or hereafter provided in the
Interlocal Cooperation Act, Utah Code Ann. §11-13-101 et.seq. The Agreement may be terminated as to an individual Party pursuant to the withdrawal process provided for Paragraph
17. Upon withdrawal this 2019 Agreement will be terminated with respect to the withdrawing
29
Party, but any remaining payment obligations remaining after withdrawal and all the provision of
Paragraph 15 (Indemnification) will survive the termination with respect to said Party.
25. Dissolution. The Authority may be dissolved and operations terminated upon the unanimous written consent of all Parties to this 2019 Agreement at the time of dissolution. Upon dissolution, all leases will terminate, all assets actually contributed by a Party still identifiable as separate property with a right of return will be returned to such Party and any remaining assets
(whether real property or personal property) of the Authority will be distributed based on a fraction, the numerator of which is the aggregate amount of Member Fees paid by a Party and the denominator of which is the aggregate amount of Member Fees paid by all of the Parties to the
Authority for services. Any unpaid liabilities of the Authority will be paid by the Parties based on the same fraction. Such liability will be a joint liability.
26. Amendment. This 2019 Agreement may not be amended except by written instrument signed by all Parties. Amendments will be approved as follows:
a. Amendments may be proposed to the Board by any Party or staff of the Authority.
b. The Board shall consider the proposed amendment and may only approve the
advancement of the proposed amendment for review by the Parties by a vote of at
least two-thirds of the Board present at a duly noticed meeting; i.e., the
affirmative vote of at least two-thirds of all Board Members rather than two-thirds
of a quorum of the Board Members present at the particular meeting.
c. Upon advancement, each Party (not including the Authority or the Service Area)
must present the proposed amendment to their appropriate legislative bodies for
review and consideration.
30
d. Each Party (not including the Authority or the Service Area) will have sixty days
to review the proposed amendment with its executive officers and legislative body
and either provide notice of acceptance of the proposed amendment or suggest
alternatives to be considered by the Board.
e. Subsequent to this legislative review, the Board may approve a final amendment
only by a vote of at least two-thirds of the Board at a duly noticed meeting; i.e.
the affirmative vote of at least two-thirds of all Board Members rather than two-
thirds of a quorum of the Board Members present at the particular meeting.
f. Upon approval by the Board pursuant to this Paragraph, all Parties must agree to
the final Amendment via a written document amending this 2019 Agreement
within sixty days. Failure to agree to the approved Amendment will constitute an
involuntary Notice to Withdraw pursuant to Paragraph 17.
27. Notices. All notices, requests, demands, and other communications hereunder will be in writing and given to any Party by delivering a copy, via U.S. Mail, to the Mayor (or if applicable to the form of government, the Council Chair or City Manager) of any municipal or
County Party, sent to that Party’s official governmental office address, with a copy also sent to the same official office and addressed to “City/County Attorney or Chief Counsel.” For the
Authority or Service Area, notices should be sent to the following:
If to Authority: Unified Fire Authority Office of the Fire Chief 3380 South 900 West Salt Lake City, UT 84119
With a copy to: Unified Fire Authority Chief Legal Officer 3380 South 900 West
31
Salt Lake City, UT 84119
If to Service Area: Unified Fire Service Area Office of the Administrator 3380 South 900 West Salt Lake City, UT 84119
With a copy to: Fabian VanCott Attn: Rachel Anderson 215 South State Street, Suite 1200 Salt Lake City, UT 84111 [email protected]
28. Interlocal Cooperation Act. The Parties enter into this 2019 Agreement pursuant to the Interlocal Cooperation Act. For the purpose of satisfying specific requirements of the
Interlocal Cooperation Act, the Parties agree as follows:
a. This 2019 Agreement maintains and affirms the creation of the separate interlocal
entity known as the “Unified Fire Authority” that will operate using its own
budget, may acquire real or personal property and may take any other act
authorized by Utah law.
b. The Authority will be governed by its Board and according to the provisions of
this 2019 Agreement.
c. Because this 2019 Agreement cannot take effect until it has met the requirements
of the Interlocal Cooperation Act, each Party agrees by its signature that this 2019
Agreement has been presented and approved by that Party’s legislative body by a
resolution or ordinance that is in compliance with Utah Code Ann. § 11-13-
202.5(2) and been submitted and approved by the attorney authorized to represent
the Party in compliance with Utah Code Ann. § 11-13-202.5(3). Furthermore,
32
upon approval and execution by the Parties, each Party agrees to keep a copy of
this 2019 Agreement on file with the Party’s keeper of records.
29. Entire Agreement. This 2019 Agreement constitutes the entire agreement between the Parties regarding those subjects that are the subject matter of this 2019 Agreement, and this 2019 Agreement supersedes all prior agreements and understandings between the Parties pertaining thereto, except where otherwise specifically stated herein. Notwithstanding the foregoing, any prior agreements between any Parties, such as leases, land-use agreements, easements, deeds, or other matters separate and distinct from the creation and operation of the
Authority as an interlocal entity as provided for in this 2019 Agreement remain in full force and effect and subject to their own respective terms and conditions.
30. Governing Law & Venue. The provisions of this 2019 Agreement will be governed by and be construed in accordance with the laws of the state of Utah. Disputes and other issues between the Parties arising out of or related to this 2019 Agreement will be decided by litigation in the Third Judicial District Court of Salt Lake County, Utah.
31. Disputes. In the event of disputes and in the absence of any agreement to the contrary, the Authority will continue to provide services during any litigation and the adverse
Party will continue to make payments to the Authority in accordance with the terms of this 2019
Agreement to ensure the continued protection of public safety within the Party’s communities.
This provision may be enforced by injunctive relieve by the courts if necessary.
32. Waiver. No failure by either Party to insist upon strict performance of any covenant, duty, agreement, or condition of this 2019 Agreement, or to exercise any right or remedy consequent upon a breach thereof, will constitute a waiver of any such breach or of any other covenant, agreement, term, or condition of this 2019 Agreement. Either Party may, by
33 notice delivered in the manner provided in this 2019 Agreement, but will be under no obligation to, waive any of its rights or any condition to its obligations hereunder, or any duty, obligation or covenant of the other Party. No waiver will affect or alter the remainder of this Agreement, but each and every other covenant, agreement, term, and condition hereof will continue in full force and effect with respect to any other then existing or subsequently occurring breach.
33. Severability. In the event that any condition, covenant, or other provision hereof is held to be invalid, void, or unenforceable, the same will be deemed severable from the remainder of this 2019 Agreement and will in no way affect any other covenant, condition, or other provision herein contained. If such condition, covenant, or other provision will be deemed invalid due to its scope or breadth, such provision will be deemed valid to the extent of the scope or breadth permitted by law.
34. Counterparts. This 2019 Agreement may be executed in counterparts, each of which will be deemed an original and all of which together will constitute one and the same instrument. Delivery of an executed signature page by facsimile or e-mail transmission shall be effective as delivery of a manually signed counterpart of this 2019 Agreement.
IN WITNESS WHEREOF, the Parties have executed and caused this 2019 Agreement to be duly executed effective as provided in Paragraph 27.
[signatures begin next page]
34
UNIFIED FIRE AUTHORITY
UNIFIED FIRE AUTHORITY
By ______Dan Petersen Fire Chief
Approved as to legal form: ______Brian F. Roberts Chief Legal Officer
Dated:______
35
UNIFIED FIRE SERVICE AREA
UNIFIED FIRE SERVICE AREA
By ______Print:______Its:______
Approved as to legal form:
______
Dated:______
36
SALT LAKE COUNTY
SALT LAKE COUNTY
By ______Print:______Its:______
Approved as to legal form: Attest:
______
Dated:______
37
TOWN OF ALTA
TOWN OF ALTA
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
38
COPPERTON METRO TOWNSHIP
COPPERTON METRO TOWNSHIP
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
39
COTTONWOOD HEIGHTS
COTTONWOOD HEIGHTS
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
40
EAGLE MOUNTAIN CITY
EAGLE MOUNTAIN CITY
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
41
EMIGRATION METRO TOWNSHIP
EMIGRATION METRO TOWNSHIP
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
42
HERRIMAN CITY
HERRIMAN CITY
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
43
CITY OF HOLLADAY
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
44
KEARNS METRO TOWNSHIP
KEARNS METRO TOWNSHIP
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
45
MAGNA METRO TOWNSHIP
MAGNA METRO TOWNSHIP
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
46
MIDVALE CITY
MIDVALE CITY
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
47
MILLCREEK
MILLCREEK
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
48
RIVERTON CITY
RIVERTON CITY
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
49
TAYLORSVILLE CITY
TAYLORSVILLE CITY
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
50
WHITE CITY METRO TOWNSHIP
WHITE CITY METRO TOWNSHIP
By ______Print:______Its:______
Approved as to legal form: Attest:
______
DATED:______
51
EXHIBIT A
DEFINITIONS
The terms used in this Fire Merit System plan shall be defined as follows:
a. “Agreement” shall mean that contract, adopted under the Interlocal Agreement Act, which creates or ratifies the creation of the Unified Fire Authority.
b. “Board” shall mean the Board of Directors of the Unified Fire Authority.
c. “Chief” shall be the Fire Chief of the Unified Fire Authority fire department.
d. “Commission” shall mean the Merit Commission of the Fire Merit System.
e. “Coordinator” shall be the Coordinator for the Fire Merit System.
f. “Fire Department” shall mean that part of the Unified Fire Authority which provides fire operational and support services, under the direction of the Chief.
g. “Members” shall mean the municipalities and county which are signatories of the Agreement.
h. “Merit System” shall mean the Fire Merit System created to govern personnel matters in UFA, as established by this Exhibit.
i. “Plan” refers to the Fire Merit System Plan, which creates the Merit System and governs personnel matters therein.
j. “UFA” shall mean the Unified Fire Authority.
FIRE MERIT SYSTEM
1. Employment in the United Fire Authority (“UFA”) will be governed by the Fire Merit System as set out in the Agreement, this Fire Merit System Plan (“Plan”), and policies and procedures adopted under paragraph three below.
a. All employees of the UFA, with the exception of merit-exempt administrative staff and temporaries, will be covered by a Fire Merit System and their employment status will be governed by policies and rules adopted in accordance with this Plan.
b. Merit-exempt administrative employees may be appointed by the Board and shall include a fire chief and such other administrative positions which by their nature are confidential or key policy-making or both, and which cannot or should not be included in the merit system. Merit-exempt administrative employees are at will. Merit-exempt
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employees, who appointment expires or is terminated except for cause, shall be returned to the previous merit position held. c. Temporary employees, which includes administrative or support staff employees who work less than 1040 hours per year, paid-call firefighters, or wild-land firefighters are merit- exempt and are at will.
2. The Merit System, and the policies adopted under this Plan, shall provide for the effective implementation of basic merit principles, including the following:
a. Hiring, selecting, advancing and disciplining employees based on ability, knowledge and skill;
b. providing fair and adequate compensation;
c. training employees to assure high quality performance;
d. retaining employees on the basis of adequate performance and separating employees whose inadequate performance cannot be corrected;
e. fairly treating all applicants and employees without regard to race, color, religion, gender, national origin, political affiliation, age, or disability or any other characteristic protected by federal or state law from discrimination;
f. providing information regarding political rights and prohibited practices; and
g. providing a procedure for informal employee grievances and formal appeals.
3. The adoption of personnel policies and the establishment of a pay plan are legislative activities which are the responsibility of the Board.
a. Board shall adopt a comprehensive code of personnel policies and procedures regarding the employment status, procedures and benefits for all employees covered by the merit system, including fire fighters and non-fire fighters. Those personnel policies and procedures must be consistent with merit principles and with the provisions of this exhibit.
b. The Board shall adopt a comprehensive fire merit system classification plan and grade allocation system applicable to all merit- covered employees and shall prepare and establish a pay plan that includes salaries, incentives, leave, insurance, retirement, and other benefits.
4. The administration of the Merit System and classification plan is the responsibility of a Merit System Coordinator (“Coordinator”).
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a. The Coordinator is a merit-exempt employee or a contractor who works immediately under the direction, and at the pleasure of, the Board.
b. The Coordinator maintains and manages the Merit System classification plan, as directed by the Board, makes recommendations regarding Merit System and personnel matters to the Board and to the Fire Chief.
c. The Coordinator shall prepare and conduct competitive examinations for both hiring and promotion and shall prepare registers based on the results of those examinations. All positions covered by the Merit System shall be filled by competitive process. The final hiring authority is vested in the Fire Chief, in accordance with policies and procedures adopted by the Board.
5. The resolution of formal personnel grievances and appeals brought by Merit System employees is a judicial activity within the responsibility of a Merit Commission (“Commission”).
a. The Commission shall consist of three persons (“Commissioners”) appointed by the UFA Board.
b. Commissioners shall be persons who are experienced in personnel, civil service or related matters and who support basic merit principles. Commissioners may not hold elected office nor be employees of the UFA or of Salt Lake County or any municipality contracting with the UFA. Commissioners shall be appointed for three year terms, but the initial terms of commissioners shall be adjusted in order to stagger terms and one commissioner, chosen by lot, shall serve a two-year term, the second a three-year term, and the third a four-year term. Compensation of Commissioners shall be set by Board policies and procedures. Commissioners may be removed, by the Board, for cause, including failure to perform Commission activities. The internal organization of the Commission, including the appointment of a chair and the establishment of hearing procedures, shall be at the discretion of the Commissioners. Staff assistants and accommodations shall be provided by the Board.
c. Commissioners shall have the authority to hear and resolve appeals and disciplinary action which are brought by merit employees. In so doing, the Commission may affirm, modify, or vacate disciplinary action. The subject matter jurisdiction regarding appeals which may be heard by the Commission shall be established and defined by policies and procedures adopted by the Board; provided, however, that the Commission shall always have the authority to hear grievances regarding demotion, suspension without pay and termination. The Board, by policy and procedure, shall define employee grievances that are and are not appealed to the Commission, and those that are resolved by internal grievance within the fire, emergency, and support command structure.
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d. Any appeals by employees regarding general pay inequities which significantly affect the cost of Baseline Services (Agreement paragraph 3), are not heard by the Commission, but are appealed to and resolved by the UFA Board. Appeals regarding pay inequities shall be resolved in accordance with policies adopted by Board.
6. The UFA’s operational services, including fire, paramedic, emergency and support staff services, are provided by the UFA Fire Department (“Department”). Personnel administration as set out below in the Department is the responsibility of the Fire Chief.
a. The Fire Chief is responsible for management of the Fire Department, including those operational personnel matters which are not specifically vested in the Coordinator under the provisions of this plan. The Fire Chief shall adopt and promulgate an operational procedures manual regarding standard operating procedures in the Department, including but not limited to personnel matters such as work schedules and assignments, payroll procedures, staffing, travel and training.
b. All employees are subject to disciplinary action based on misconduct or failure to perform, under the responsibility of the Fire Chief and as defined in policies and procedures adopted by the Board. Such policies and procedures shall comply with merit principles as established in this Plan. The right to review disciplinary action shall be established by policies and procedures, which shall distinguish between disciplinary action which is subject to formal appeal to the Commission and that which is subject to informal grievance internal to the Department.
c. The Fire Chief shall administer and support an internal grievance review system which may include mediation or a peer review board, as provided in Policies and Procedures adopted by the Board.
d. The Fire Chief shall be responsible to develop job descriptions, make final selections for appointments and promotions from registers as established herein, conduct performance evaluations and to carry out the responsibilities vested in the Fire Chief by Policies and Procedures and may make recommendations to the Board and the Director regarding merit system issues.
7. Amendments to this Plan may be proposed by the Fire Chief, the Coordinator, a member of the Board, or other interested parties. A proposed amendment shall be submitted to the Board for consideration and review. The Board shall make a recommendation regarding the proposal and forward it to the legislative bodies of the County and of each city contracting with the UFA for consideration and approval. If at least two-thirds of the legislative bodies of the County and cities concur in the proposed amendment, it shall be adopted and become part of this plan.
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EXHIBIT “B”
Table 1. MEMBER FEE PERCENTAGE Member FUNDING TO UFA % of UFSA % OF FUNDING UFSA* $48,890,839 88.17% Millcreek City 20.38% 17.97% Salt Lake County Unincorporated 18.18% 16.03% Taylorsville City 13.06% 11.52% Riverton City 12.21% 10.77% Herriman City 9.61% 8.47% Midvale City 8.49% 7.48% Cottonwood Heights City $3,818,822 n/a 6.89% Eagle Mountain City 6.98% 6.15% Holladay City $2,586,904 n/a 4.67% Kearns Metro Township 4.89% 4.31% Magna Metro Township 4.21% 3.71% Emigration Metro Township 0.96% 0.84% White City Metro Township 0.93% 0.82% Alta Town $152,665 n/a 0.28% Copperton Metro Township 0.12% 0.11% TOTAL 55,449,230 100.00% 100.00%
*UFSA’s percentage of UFA Member Fees is divided between UFSA members based on taxable value:
UFSA BREAKDOWN BY 2019 TAXABLE VALUE UFSA Members Taxable Value % of total Copperton Metro Township 33,690,335 0.12% Eagle Mountain City 1,943,067,756 6.98% Emigration Metro Township 266,505,821 0.96% Herriman City 2,675,129,875 9.61% Kearns Metro Township 1,362,438,642 4.89% Magna Metro Township 1,171,724,025 4.21% Midvale City 2,363,336,028 8.49% Millcreek City 5,675,214,848 20.38% Riverton City 3,401,242,120 12.21% Salt Lake County Unincorporated 5,063,126,841 18.18% Taylorsville City 3,637,908,383 13.06% White City Metro Township 257,643,776 0.93% TOTAL 27,851,028,450 100%
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Table 2. POPULATION PERCENTAGE
Municipality Population % of Total Millcreek City 60,308 14.29% Taylorsville City 59,601 14.12% Riverton City 44,231 10.48% Herriman City 42,981 10.18% Kearns Metro Township 35,242 8.35% Eagle Mountain City 34,632 8.21% Midvale City 34,263 8.12% Cottonwood Heights City 33,626 7.97% Holladay City 31,110 7.37% Magna Metro Township 27,450 6.50% Salt Lake County Unincorporated 10,193 2.42% White City Metro Township 5,599 1.33% Emigration Metro Township 1,623 0.38% Copperton Metro Township 812 0.19% Alta Town 378 0.09% TOTAL 422,049 100.00%
Source: Kem Gardner Policy Institute, University of Utah
Salt Lake and Utah County Subcounty Estimates Subcounty Estimates Data (Excel Format) / City-Population tab / Total Population column
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Table 3. WEIGHTED VOTING PERCENTAGES
Member POPULATION MEMBER FEE WEIGHTED VOTE Millcreek City 14.29% 17.97% 16.13% Taylorsville City 14.12% 11.52% 12.82% Riverton City 10.48% 10.77% 10.62% Herriman City 10.18% 8.47% 9.33% Salt Lake County Unincorporated 2.42% 16.03% 9.22% Midvale City 8.12% 7.48% 7.80% Cottonwood Heights City 7.97% 6.89% 7.43% Eagle Mountain City 8.21% 6.15% 7.18% Kearns Metro Township 8.35% 4.31% 6.33% Holladay City 7.37% 4.67% 6.02% Magna Metro Township 6.50% 3.71% 5.11% White City Metro Township 1.33% 0.82% 1.07% Emigration Metro Township 0.38% 0.84% 0.61% Alta Town 0.09% 0.28% 0.18% Copperton Metro Township 0.19% 0.11% 0.15% TOTAL 100.00% 100.00% 100.00%
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City Council of MIDVALE CITY Discussion Memo
MEETING DATE: January 7, 2020
SUBJECT: State Infrastructure Bank Loan Agreement and Construction Loan Term Sheet
SUBMITTED BY: Matt Dahl, Assistant City Manager
SUMMARY:
During the 2019 legislative session, $7,000,000 was appropriated in SB268 for transportation related projects in Midvale that support economic development. The funding was earmarked in the State Infrastructure Bank Loan Fund (“SIB”). In September, Midvale City (“City”) applied for and was approved to receive a $3,500,000 SIB Loan (“SIB Loan”) pursuant to Utah Code 72-2-204. The City applied for the SIB Loan with the intent to partially finance the development of a four-story, 780-stall parking structure being constructed by the Gardner Company (“Developer”). The parking structure is part of an expansion of the CHG Healthcare campus. In accordance with the intent of the legislative appropriation, Staff is proposing to borrow the requested funds from the SIB, and in turn lend the funds to the developer as a pass-through loan (“Construction Loan”). The Construction Loan will be structured so that the loan proceeds will provide the funding for the City’s debt service under the SIB Loan. Council and Staff discussed the development financing on November 12, 2019, since that time Staff has been working with the Developer to finalize the term sheet attached herein. Staff is proposing approving the Term Sheet for the Construction Loan and authorizing the execution of the SIB Loan.
PROJECT:
The proposed financing is intended to partially finance the construction of a 780-stall, four-story parking structure. The parking structure in turn will support the expansion of the CHG Healthcare Campus and provide additional public benefits to transit riders of the nearby 7200 South bus routes and the Bingham Junction TRAX station. The CHG Healthcare expansion will include 122,000 square feet of Class “A” office space and allow for the addition of 1,200 additional employees. Overall, the expansion will result in a campus that includes 403,000 square feet of office space.
SIB LOAN PARAMETERS:
The SIB Loan will have a principal amount of $3,500,000 with an interest rate of 2.35% per annum with a ten-year term. The City must approve the SIB Loan Agreement from the State by resolution in order to receive the funding. Staff has initiated the noticing process for the approval of the resolution, which, by law, takes 30 days. The current version of the SIB Loan Agreement states the first payment will be due one year after the execution of the loan agreement, and then once annually thereafter through the end of the term. The City intends for the loan proceeds from the Construction Loan to be the funding source for the City’s debt service; however, the City will be responsible for repaying the loan from State. In the event the City is unable to make its debt service payments, the Utah Department of Transportation will request that the State of Utah withhold B&C road funds from the City.
In addition to the Construction Loan the Developer also intends to use $9,077,826 of equity, $2,695,979 of rent proceeds, and a loan of $26,350,000 from US Bank to finance the Project.
Additionally, the Developer intends to enter into a tax increment reimbursement agreement with the Midvale City Redevelopment Agency for $3,000,000 for the overburdened costs accrued while developing on a capped property. The agency has participated in partially funding parking structure in the past on the basis that parking structures support the highest and best use of the development of the land while generating more property taxes.
CONSTRUCTION LOAN PARAMETERS:
The Construction Loan will have a principal amount of $3,500,000 with an interest rate of 2.65% per annum with a ten-year-term. During the term of the loan, the Developer will make ten annual payments. The first of these payments will be due January 1st, 2021, and each will be due on January 1st of each subsequent year. The payment of the Construction Loan will be used for the City’s debt service from the SIB Loan. For collateral the City will take second position on the parcels the Project is being developed on behind the primary financer of the Project, US Bank. In addition to the second position on the land, a corporate guarantee from the KC Gardner Company will be provided.
LOAN ANALYSIS:
SIB Loan Construction Loan Terms Loan Amount: $3,500,000 Loan Amount: $3,500,000 Term: 10 Years Term: 10 Years Interest Rate: 2.35% Interest Rate: 2.65% Security: B&C Road Funds Security: Second Position/Corporate Guarantee
Sources and Uses Sources: State Infrastructure Bank Fund See attached. Uses: Construction Loan
Collateral and Second Position: The City will take Debt Service second position on the land behind US Coverage Ratio Bank. Debt Service Coverage: 1.2
RECOMMENDED MOTION:
I move that we adopt Resolution No. 2020- R-03 authorizing the Mayor of Midvale City to execute an agreement with the Utah Department of Transportation for a State Infrastructure Bank Fund Loan, subject to such other terms and conditions as recommended by Midvale City’s legal counsel.
I move that we adopt Resolution No. 2020- R-04 approving the Term Sheet for a construction loan agreement with Arbor Gardner Bingham Junction Office 4, LC and authorizing the Mayor and City Manager of Midvale City to execute a loan agreement and other related documents based on the Term Sheet, subject to such other terms and conditions as recommended by Midvale City’s legal counsel.
ATTACHMENTS:
Resolution No. 2020-R-03, SIB Loan Agreement, Resolution No. 2020-R-04, Construction Loan Term Sheet, Sources and Uses
EXHIBIT A
MIDVALE CITY
RESOLUTION NO. 2020-R-03
A RESOLUTION AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN THE UTAH DEPARTMENT OF TRANSPORTATION AND MIDVALE CITY FOR A STATE INFRASTRUCTURE BANK FUND LOAN
WHEREAS, the Midvale City Council desired to redevelop certain areas of Midvale City; and
WHEREAS, the Redevelopment Agency of Midvale City (“Agency”) was created to transact the business and exercise the powers provided for in the Utah Redevelopment Agencies Act; and
WHEREAS, the Board of Directors of the Agency adopted the Bingham Junction Redevelopment Plan on August 10, 2004; and
WHEREAS, the Board of Directors of the Agency and the Midvale City Council desire to encourage redevelopment within the Bingham Junction Project Area; and
WHEREAS, SB268 appropriated $7,000,000 for transportation and economic development projects from the State Infrastructure Bank Fund; and
WHEREAS, the City has applied for an infrastructure loan from the State Infrastructure Bank Fund administered by the Utah Department of Transportation (“UDOT”) on August 22, 2019, for the amount of $3,500,000; and
WHEREAS, the Transportation Commission approved the infrastructure loan application on September 20, 2019; and
WHEREAS, the purpose of this infrastructure loan is to create economic and transportation benefits by increasing structured parking on the CHG Healthcare campus near Bingham Junction Trax Station and the major bus route on 7200 South (“Project”); and
WHEREAS, the City has reviewed the terms set forth in the State Infrastructure Bank Fund Loan Agreement; and
WHEREAS, the City has determined that the Project will provide financial, economic, and transportation benefits to the community; and
WHEREAS, the City and UDOT desire to enter into said agreement.
NOW, THEREFORE, be it resolved that the Midvale City Council does hereby authorizes the Mayor of Midvale City to execute an agreement with the Utah Department of Transportation for a State Infrastructure Bank Loan, subject to such other terms and conditions as recommended by Midvale City’s legal counsel.
PASSED AND ADOPTED BY THE CITY COUNCIL OF MIDVALE CITY, STATE OF UTAH, this ____ day of ______, 2020.
______Robert M. Hale Mayor
ATTEST:
______Rori L. Andreason, MMC City Recorder
Voting by the Council: “Aye” “Nay” Bryant Brown ______Paul Glover ______Quinn Sperry ______Heidi Robinson ______Dustin Gettel ______
EXHIBIT B
State of Utah Department of Transportation
Loan Agreement State Infrastructure Bank Fund
THIS LOAN AGREEMENT made and entered into on ______, by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as “UDOT”, and Midvale City, a political subdivision of the State of Utah, hereinafter referred to as the “Local Agency.”
RECITALS
WHEREAS, the Local Agency has applied for an infrastructure loan from the State Infrastructure Bank Fund.
WHEREAS, the purpose of this infrastructure loan is to create economic benefits by increasing structured parking near Bingham Junction Trax Station to encourage a transportation facility near existing regional transportation within the Local Agency jurisdiction.
WHEREAS, the Transportation Commission has approved the infrastructure loan application on September 20, 2019.
THIS LOAN AGREEMENT is made to set out the terms and conditions of UDOT loaning the money from the State Infrastructure Bank Fund to the Local Agency.
AGREEMENT
NOW THEREFORE, it is agreed by and between the parties hereto as follows:
1. UDOT will loan the Local Agency $3,500,000.00 from the State Infrastructure Bank Fund to enable the Local Agency to create economic benefits by increasing structured parking near Bingham Junction Trax Station to encourage a transportation facility near existing regional transportation within the Local Agency jurisdiction.
2. The Local Agency shall only use funds for transportation projects as described in Utah Code Section 72-2-201.
3. At the end of the transportation project, all unused funds will be applied to the principal amount.
4. The interest rate will be 2.35% per annum interest, which commences upon receipt of funds by the Local Agency.
5. Local Agency will pay the principal and interest according to Exhibit A, which is incorporated by reference. The Local Agency will use city general funds backed with sales tax revenue to repay the loan. The first payment referenced in Exhibit A will be made on or before December 31, 2020. All subsequent payments will be made on or before December 31 of each year until the loan is paid in full.
6. In the event the Local Agency is 30 days delinquent with a payment on a due date as shown in Exhibit A, UDOT will request that the State of Utah withhold B&C road funds allocated to the Local Agency and deposit the money into the State Infrastructure Bank Fund until the payment or loan has been satisfied. UDOT will not issue any more loans to Local Agency while the loan is in default.
7. If Local Agency breaches any terms of this Agreement, UDOT may seek any legal or equitable remedy to obtain compliance or payment of damages. In the event an action is filed in district
court, the venue shall be Salt Lake County, Third District Court.
8. Local Agency represents that notice was published of its intention to obtain an infrastructure loan at least once in accordance with the publication of notice requirements under Section 11-14-316; and adopted an ordinance or resolution authorizing the infrastructure loan in compliance with Utah Code Section 72-2-204(4).
9. Each party to this Agreement shall designate a representative as the contact to address questions and issues as they arise under this agreement.
10. This Agreement shall be governed by the laws of the State of Utah both as to interpretation and performance.
11. This Agreement may be executed in counter parts by the parties.
12. Each party represents that it has the authority to enter into this Agreement.
13. This Agreement shall constitute the entire agreement and understanding of the Parties with respect to the subject matter hereof, and shall supersede all offers, negotiations and other agreements with respect thereto. Any amendment to this Agreement must be in writing and executed by an authorized representatives of each party.
This Agreement will become effective when all parties have signed. The effective date of this agreement is the date this Agreement was signed by the last party. [LOCAL AGENCY Utah Department of Transportation
By Date By Date Becky Bradshaw,
UDOT Finance Director
By Date By Date Recommended for approval Lyle McMillan, UDOT Director of Strategic Investments
By Date By Date
Title/Signature of additional official if required UDOT Comptroller Office
EXHIBIT C
MIDVALE CITY
RESOLUTION NO. 2020-R-04
A RESOLUTION APPROVING THE TERMS OF A LOAN AGREEMENT BETWEEN MIDVALE CITY AND ARBOR GARDNER BINGHAM JUNCTION OFFICE 4, LC FOR THE CONSTRUCTION OF A PARKING STRUCTURE
WHEREAS, the Midvale City Council desired to redevelop certain areas of Midvale City; and
WHEREAS, the Redevelopment Agency of Midvale City (“Agency”) was created to transact the business and exercise the powers provided for in the Utah Redevelopment Agencies Act; and
WHEREAS, the Board of Directors of the Agency adopted the Bingham Junction Redevelopment Plan on August 10, 2004; and
WHEREAS, the Board of Directors of the Agency and the Midvale City Council desire to encourage redevelopment within the Bingham Junction Project Area; and
WHEREAS, Arbor Gardner Bingham Junction Office 4, LC (“Developer”) intends to develop a parking structure on the property located at 7225 Bingham Junction Boulevard (“Property”) in the Bingham Junction Project Area; and
WHEREAS, the Midvale City Council has applied for and accepted a loan from the State Infrastructure Fund Bank in the amount of three million five hundred thousand dollars ($3,500,000) for the purposes of funding transit related development near the Bingham Junction Trax Station; and
WHEREAS, the development on t he Property meets all the requirements for the State Infrastructure Loan; and
WHEREAS, the Developer has requested a loan for the development of the Property; and
WHEREAS, the Midvale City Council believes the proposed project will provide economic, financial and transportation benefits and supports the Developer’s intent to develop the Property and is willing to provide a loan to the Developer; and
WHEREAS, the Midvale City Council and the Developer desire to enter into a loan agreement based on the terms laid out in the term sheet attached hereto; and
NOW, THEREFORE, be it resolved that the Midvale City Council does hereby approve the Term Sheet for a loan agreement with Arbor Gardner Bingham Junction Office 4, LC and authorizes the Mayor and City Manager of Midvale City to execute a loan agreement and other documents based on the Term Sheet, subject to such other terms and conditions as recommended by Midvale City’s legal counsel.
PASSED AND ADOPTED BY THE CITY COUNCIL OF MIDVALE CITY, STATE OF UTAH, this ____ day of ______, 2020.
______Robert M. Hale Mayor
ATTEST:
______Rori L. Andreason, MMC City Recorder
Voting by the Council: “Aye” “Nay” Bryant Brown ______Paul Glover ______Quinn Sperry ______Heidi Robinson ______Dustin Gettel ______
EXHIBIT D
Construction Loan Term Sheet
Borrower: Arbor Gardner OZ Fund I, LC
Property Owner: Arbor Gardner Bingham Junction Office 4, LC
Property: One parcel located at 7225 S Bingham Junction Blvd and 7239 S Bingham Junction Blvd.
Lender: Midvale City
Loan Amount: $3,500,000
Interest Rate: 2.65%
Term: 10 years
Advancements: A single advancement towards the Loan must be made before March 1, 2020.
Collateral: Second Position on the Property, subject to terms and conditions recommended by Lender’s legal counsel.
Any subordination agreement between the primary financer, US Bank, and Midvale City must have terms and conditions that are acceptable to all parties.
All issues found on the title report for the property must be resolved prior to the execution of the agreement.
Guarantor: KC Gardner Company, LC
Payments: Repayment of the Loan will be made in ten installments, the first of which shall be due on January 1, 2021 and the rest of which shall be due on each annual anniversary of such date during the Term. Each repayment installment of principal and interest shall be equal to the amount necessary to amortize the principal mount of the Loan at the Interest Rate over a period ending on January 1, 2030.
Project: A new four level structured parking deck with 780 parking stalls located at the CHG campus at roughly 7255 S Bingham Junction Blvd.
Reporting: Borrower and Guarantor must provide the Lender with a financial statement on an annual basis. The financial statement shall be submitted to the Lender within 30 days of its completion.
Debt Service Ratio: 1.2
Public Parking: 1. The Property Owner may not restrict any of the available parking spaces from use by the public. 2. The tenant of the Property may restrict parking during the hours of 6AM-6PM Monday through Friday as long as 100 parking stalls remain unrestricted at all times. 3. In the event that there are less than 100 unrestricted parking stalls, the total remaining amount of the principal and interest of the loan will become due. The Borrower will have 150 days to pay off the remainder of the loan. Other cures will not be considered.
Miscellaneous: 1. Before the advance of this loan all primary financing agreements must be closed and the Borrower must have spent at least $1,500,000 of available equity on the project. 2. The Borrower must provide the following to the Lender for approval prior to the first advance of the Loan: a) Construction Budget. b) Sources and Uses Document. 3. The Loan Amount provided by the Lender must be used solely on the Project. 4. KC Gardner Company, LC shall provide a corporate guaranty with terms approved by the Lender’s legal counsel. 5. The loan shall not be assumed by or assigned to any entity other than the Borrower. 6. All principal and interest shall be due and payable upon the sale or transfer of ownership from the Borrower to any other entity. 7. The Lender may, at its discretion, transfer or assign its rights and interests under the loan to another entity. 8. Borrower shall execute all loan and construction documents deemed necessary by the Lender and its legal counsel. 9. Borrower shall provide evidence of insurance covering public liability, fire, and such other insurance in such amounts and with such coverage as deemed necessary by the Lender. 10. Failure by the Borrower to comply with all ongoing terms and conditions during the loan term will result in a default, which, if not cured within the agreed to cure period, may result in the Lender
initiating a foreclosure, and/or exercising any other available remedy. 11. The Lender and legal counsel’s review and approval of all matters pertaining to title, legality of the loan, and the legality, sufficiency, and the form and substance of all documents that are deemed reasonably necessary for the loan transaction. 12. Borrower shall pay for the following: a) Closing costs. b) Lender’s title insurance fees. c) Lender’s legal fees. If these legal fees will exceed $7,000, Lender shall inform Borrower. 13. Such other terms as recommended by the Lender’s legal counsel.
EXHIBIT E
CHG Phase 2 Parking Structure Sources and Uses
Total Project - including parking structure
Sources
Loan Proceeds $ 26,350,000.00 Rent Proceeds $ 2,695,979.60 RDA Proceeds $ 222,222.00 Transportation Funds $ 3,500,000.00 Tenant Contribution $ 7,628,800.00 Additional Equity $ 1,449,026.64 Total Equity $ 9,077,826.64
Total $ 41,846,028.24
Uses
Vertical Costs $ 32,999,092.00 Soft Costs $ 6,332,468.00 Total Construction Costs $ 39,331,560.00 Debt Service $ 2,046,072.00 Transportation Funds Repayment $ 396,812.24 Reserves ($0.25/sf) $ 30,584.00 Insurance $ 16,000.00 Title $ 25,000.00 Total Operating Expenses $ 71,584.00 Cash Flow Distribution
Total $ 41,846,028.24 MIDVALE CITY COUNCIL SUMMARY REPORT
Meeting Date: January 7, 2020
SUBJECT:
Discussion on Main Street Form-Based Code Text Amendment and Rezone
SUBMITTED BY:
Alex Murphy, Associate Planner
SUMMARY:
In December 2018, the Midvale City Council adopted the Main Street Small Area Plan (the “Plan”). The Plan built on the goals of the City’s 2016 General Plan with an overall purpose to improve and energize the Main Street neighborhood by pursuing five goals:
Attract new investment; Support existing businesses; Strengthen residential areas; Improve connectivity; and Improve neighborhood identity.
Included in the Plan were 20 projects tailored to achieve these goals in three phases over the next 5-10 years, ranging from relatively simple, inexpensive, and short-term actions, such as recruiting new businesses and establishing a Main Street Business Association, to complex, expensive, and multi-year projects, such as updating electrical infrastructure and reconstructing the layout of major streets.
The Phase 1 project list included a proposal to adopt a Form-Based Code (“FBC”) for the Main Street neighborhood. FBCs are a type of land development regulation or zoning ordinance focusing primarily on physical form instead of specific use. The basic purpose of an FBC is to establish specific physical forms and spatial relationships that provide a reliably predictable development pattern within a limited area. The Main Street FBC was drafted to support the goals established by the community in the Plan and ultimately transform the neighborhood into a well- connected and walkable town center.
The proposed FBC would repeal and replace the City’s existing Historic Commercial zone with the Main Street FBC zone. The boundary of the Main Street FBC zone would then be expanded to cover existing properties within the Historic Commercial (HC), Regional Commercial (RC), Medium Density Multifamily Residential (RM-12), and Single-Family Residential (SF-2) zones, as identified on the Form-Based Code Boundary Map in Figure 2.
While the Main Street FBC does propose new standards for the Main Street neighborhood commercial areas, the structure of the code is similar to what is currently in effect in the HC and RC zones. Figure 1 shows how the existing code requirements generally relate to the proposed FBC standards.
Figure 1: Section Comparison
The rest of this Report summarizes the 12 sections of the FBC and provides a summary of the process followed to-date.
FORM-BASED CODE CHAPTERS:
The Purpose section of the FBC describes the planning efforts leading up to the code (the 2016 General Plan and 2018 Main Street Small Area Plan), the goals for the neighborhood, and a brief discussion on the history and existing conditions.
The Form Districts section of the FBC establishes subareas within the overall FBC zone boundary that differentiate areas by their form, location, purpose, and function (see Figure 2). There are two form districts proposed by the FBC: Main Street (those properties immediately adjacent to Main Street), and Town Center Core (the largest form district by area, whose properties will provide support to development on Main Street and throughout the neighborhood).
Page 2 of 12
Figure 2: Form District Map
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The Use section establishes allowable uses by form district (See Figure 3). Uses are broken down by general category (retail, service, office, residential, etc.) Most uses are allowed throughout buildings, but some, such as schools, are limited to upper floors only. This section also includes use-specific restrictions and prohibited uses, such as itinerant merchants and outdoor dining for the former and sexually oriented businesses and new auto-related uses for the latter. Language affecting existing legal nonconforming businesses can be found in the Administration section.
Figure 3: Use Table
The Street Types section establishes standards necessary to develop the public rights-of-way in a pedestrian-friendly fashion. Three street types are proposed (see Figure 4): Main Street, major commercial (Center, Holden, 700 West), and minor commercial (Stagg, Depot, Smelter, etc.). Recommended street connections are proposed where the existing network is incomplete, which Page 4 of 12 can be used to guide development decisions on those areas in the future. Each street type has specific standards associated with it regarding vehicle lanes, bike lanes, sidewalk widths, landscaping, etc. (see Figure 5 for an example.) This section also includes provisions for adjusting street widths by reducing or removing certain elements, if necessary.
Figure 4: Street Type Map
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Figure 5: Street Type Requirement Example
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The Frontages section outlines requirements for the interface between buildings and the public realm (public sidewalks, public plazas, etc.). This section establishes a hierarchy of frontage importance, dividing streets into primary, secondary, and tertiary frontages (see Figure 6). Each frontage classification includes requirements regarding building placement, allowed encroachments into the public space, and parking location (see Figure 7).
Figure 6: Frontage Map
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Figure 7: Frontage Example
The Building Types section describes the building styles permissible in the FBC area. Four building types are allowed: general (a catch all), limited bay (includes street-facing garage doors), row (typical townhome style, although not limited to residential use), and civic (reserved Page 8 of 12 for civic and institutional uses only). Each building type has a table of requirements, including allowable uses (matching the Use section), location on property, height, primary façade finishes, projections, and roof type (see Figure 8).
Figure 8: Building Type Example
The Open Space section details requirements for areas where open space is a defined use, including pocket parks, town squares, parks, and build-to zone pedestrian plazas. This section establishes minimum and maximum areas for each use, allowable adjacent form districts, and Page 9 of 12 permitted improvements (see Figure 9). This section only includes requirements for neighborhood and community areas; on-site landscaping requirements for individual private developments are in the next section.
Figure 9: Open Space Example
The Landscaping section establishes on-site landscaping requirements, including general requirements, installation, irrigation, trees and street trees, maintenance, etc., for individual developments. Three specific landscape areas are defined and required: parking lot frontage buffers (used when parking lots are immediately adjacent to public streets), parking lot interiors (islands within parking lots with 14 stalls or more), and side/rear landscape buffers (on property boundaries).
The Parking section provides parking lot configuration and calculation details. Parking requirements are broken down by form district and use. To promote a pedestrian-friendly environment and the most efficient use of land, parking requirements establish maximum limits within the Main Street and Town Center Core districts instead of minimum requirements, as is found elsewhere in the zoning ordinance. On-street and public parking options are provided in the Main Street neighborhood to minimize the impacts of parking limitations in these districts.
The Signage section establishes permissible sign types and areas by form district. Most of the sign types defined already exist within the City’s code, but two types have been added: hanging/projecting and freestanding post (see Figure 10).
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Figure 10: Sign Type Examples
Freestanding Post Signs:
The Administration section provides details on implementing the FBC, including scope, treatment of nonconformities, enforcement, application process, and amendments. Nonconforming uses or structures are allowed to remain or be replaced in the event of casualty. Should a nonconforming use or structure wish to expand, the code requires the expansion area to conform with FBC requirements and not increase the amount of nonconformity on the site.
PROCESS:
This version of the FBC has been in the works since the Plan was adopted in December 2018. During the first half of the year, Staff worked with the consultant to prepare a draft that built on the goals and objectives of the Plan.
Beginning in August 2019, Staff held discussions, workshops, and other meetings with the Planning Commission, City Council, and property owners in the affected area to build a foundation of understanding, due to the differences between the FBC and existing zoning ordinance. The FBC continued to be revised throughout this time to reflect those discussions.
The first public hearing on the FBC was held in November 2019 and was preceded by an open house, held at City Hall, where members of the public were invited to ask questions and talk about the FBC with the consultant and Staff. Approximately two dozen people attended the open house and more attended the public hearing. Following a lengthy discussion considering the public comments and draft FBC, the Planning Commission tabled the item and directed Staff to address a list of items.
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In December 2019, Staff presented an updated FBC addressing the comments from the November public hearing. The Planning Commission identified a few more items to address and issued a recommendation the City Council to approve the FBC with those changes. The draft of the FBC attached to this Report includes those changes.
Attached to this report are the memos and Staff Reports prepared for the various meetings held between August and December 2019. These reports summarize the discussions and changes made to the FBC following comments received throughout this period.
The next step in the process will be a public hearing before the City Council, which is tentatively scheduled for February 4, 2020.
FISCAL IMPACT: N/A
ATTACHMENTS:
• Draft Main Street Form-Based Code • August 8, 2019 Planning Commission Discussion Memo • September 19, 2019 Planning Commission Discussion Memo • October 2, 2019 Planning Commission Discussion Memo • November 13, 2019 Planning Commission Staff Report • November 15, 2019 Planning Commission Items to Address Memo • December 11, 2019 Planning Commission Staff Report • December 12, 2019 Planning Commission Recommendation Memo
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MAIN STREET NEIGHBORHOOD FORM-BASED CODE
MIDVALE, UTAH
Prepared by VODA Landscape + Planning www.vodaplan.com
MIDVALE MAIN STREET FORM-BASED CODE 1 NN Table of Contents
TABLE OF CONTENTS
1.0 THE MAIN STREET NEIGHBORHOOD 4 6.0 BUILDING TYPES 41 2.0 FORM DISTRICTS 6 6.1 GENERAL REQUIREMENTS 41
2.1 FORM DISTRICTS 6 6.2 GENERAL BUILDING 43
2.2 MAIN STREET DISTRICT (MS) 9 6.3 LIMITED BAY BUILDING 45
2.3 TOWN CENTER CORE DISTRICT (TCC) 10 6.4 ROW BUILDING 47 3.0 USE 11 6.5 CIVIC BUILDING 49
3.1 GENERAL REQUIREMENTS 11 6.6 ENTRANCE TYPES 51
3.2 USE- SPECIFIC RESTRICTIONS 12 6.7 ROOF TYPES 53 4.0 STREET TYPES 20 6.8 LIGHTING STANDARDS 56 6.9 ADDITIONAL DESIGN STANDARDS 58 4.1 GENERAL REQUIREMENTS 20
4.2 GENERAL STREET TYPE STANDARDS 21 7.0 OPEN SPACE 60
4.3 GENERAL STREET LAYOUT REQUIREMENTS 25 7.1 GENERAL REQUIREMENTS 60
4.4 MAIN STREET 28 7.2 POCKET PARK 66
4.5 MAJOR COMMERCIAL STREET 30 7.3 TOWN SQUARE 67
4.6 MINOR COMMERCIAL STREET 32 7.4 BTZ PEDESTRIAN SPACE 68
4.7 ACTIVE TRANSPORTATION 34 7.5 PARK 69 5.0 FRONTAGES 36 8.0 LANDSCAPING 70
5.1 GENERAL REQUIREMENTS 36 8.1 GENERAL REQUIREMENTS 70
5.2 PRIMARY FRONTAGE 38 8.2 LANDSCAPING INSTALLATION 71
5.3 SECONDARY FRONTAGE 39 8.3 STREET TREES 75
5.4 TERTIARY FRONTAGE 40 8.4 LANDSCAPE AREAS 76
2 MIDVALE MAIN STREET FORM-BASED CODE NN Table of Contents
8.5 PARKING LOT FRONTAGE BUFFERS 77
8.6 PARKING LOT INTERIOR LANDSCAPE 78
8.7 SIDE AND REAR LANDSCAPE BUFFERS 79 9.0 PARKING 80
9.1 GENERAL REQUIREMENTS 80
9.2 PARKING REQUIREMENTS 80 10.0 SIGNAGE 84
10.1 GENERAL REQUIREMENTS 84
10.2 WALL SIGNS 88
10.3 AWNING SIGNS 89
10.4 HANGING/PROJECTING SIGNS 90
10.5 MONUMENT SIGNS 91
10.6 FREESTANDING POST SIGNS 92
10.7 WINDOW SIGNS 93 11.0 ADMINISTRATION 94
11.1 GENERAL REQUIREMENTS 94
11.2 SCOPE OF REGULATIONS 94
11.3 MINOR MODIFICATIONS TO A SITE PLAN 97 13.0 FORM-BASED CODE WORKSHEET 2
12.0 GLOSSARY OF TERMS 98 1. PROJECT INFORMATION 2
2. PUBLIC SPACE STANDARDS 3
3. BUILDING FORM STANDARDS 4
MIDVALE MAIN STREET FORM-BASED CODE 3 NN Table of Contents
4 MIDVALE MAIN STREET FORM-BASED CODE 1.0 NN The Main Street Neighborhood 1.1 the main street neighborhood
1.0 THE MAIN STREET NEIGHBORHOOD
1.1 THE MAIN STREET NEIGHBORHOOD The Form-Based Code (FBC) for the Main Street district was developed in response to the City’s previous planning projects. The 2016 General Plan (GP) identifies the neighborhood as one of the City’s “opportunity areas.” The Main Street Small Area Plan (SAP) was adopted in 2018 to further define what those opportunities are, develop more specific goals, and provide strategic projects to achieve those goals. Creating and adopting an FBC for the Main Street area is one of those strategic projects. The FBC district is located in a unique place near the western edge of the City limits and between the recent Bingham Junction developments and the I-15 and railway corridor. It incorporates the historic Main Street, surrounding light industrial and commercial properties, and the Bingham Junction TRAX station. The FBC district boundary is shown in Figure 1.01.
1.2 GOALS The goals for the future of the Main Street neighborhood are presented in both the GP and SAP. These goals were developed over several years Figure 1.01 - Main Street form-based code district boundary through various planning processes that included input from local residents, business and property owners, elected
4 MIDVALE MAIN STREET FORM-BASED CODE 1.3 history and existing conditions 1.0 NN The Main Street Neighborhood
and professional members of the City 1.3 HISTORY AND government, and professional planning EXISTING CONDITIONS consultants. Midvale City, formerly known as The many goals for the Main Street Bingham Junction, was established neighborhood can be combined into at an important railroad crossing and one objective: create a vibrant walkable became a center of mining industries. town center. The individual goals From 1871 to 1987 several different include improved connectivity to the companies operated a number of surrounding areas and TRAX station, smelters, refineries, and mills just west of bikeway connections, human scale Main Street. These operations processed Figure 1.02 - Historic photo of Midvale’s walkable development, both preserve Main Street, north view from Center copper, lead, zinc, arsenic, silver, and Street the historic character of Main Street and cadmium from ores that originated promote new development, greater use from mines in both the Bingham diversity, support existing businesses and Little Cottonwood canyons. The and attract new investment, strengthen Main Street neighborhood sprang up residential areas, and improve directly adjacent to these extensive neighborhood identity. ore industries and became the thriving When implemented well, FBCs have downtown of Midvale City. been shown to produce more reliably Since the height of the Midvale’s predictable outcomes than traditional mining industry, the Main Street land use zoning. When preferred neighborhood has faced significant development goals are identified, an challenges. Main Street is no longer FBC can be customized to achieve the commercial and social center of the desired results. This FBC has been the City. It was incrementally isolated written and designed to meet the by the construction of I-15, freight specific goals for the future of Midvale’s and commuter railways, and the Main Street neighborhood. contaminated land left behind by the smelters. Recent changes have added new value and activity to the neighborhoods around Main Street. The large Bingham Junction commercial and residential development on the previously contaminated smelter land, the TRAX light rail commuter station, and new buildings in the area, including City Hall, have given the neighborhood momentum for improvement. Recent planning efforts are guiding this momentum to produce a thriving town
Figure 1.03 - Holden Street, south view from across the street from city hall, 2018 center type of neighborhood.
MIDVALE MAIN STREET FORM-BASED CODE 5 2.0 NN Form Districts 2.1 Form Districts
2.0 FORM DISTRICTS
2.1 FORM DISTRICTS on a site plan and is approved by the City planning staff. A. FORM DISTRICT TYPES (ii) It is important to maintain the This FBC defines two distinct types of Main Street (MS) form district form districts: designation along both sides 1. Main Street (MS) of Main Street, as shown in 2. Town Center Core (TCC) Figure 2.02. Any changes to an MS district boundary shall Sections 2.2-2.3 provide descriptions not remove the MS district and example images for each form designation from the Main district. Street frontage of a lot. All B. FORM DISTRICT MAP building facades along Main Street shall meet the use, Figure 2.02 is the form district map. frontage, and building type This map indicates the form district requirements of the MS form designation for all of the parcels within district. the FBC area. Form district designations are made based on the geographic location of each parcel and the relationships between adjacent form districts and streets. 1. Most of the district boundaries between different form districts are drawn along existing parcel lines. (a) Changes to form district designation for parcels along a form district boundary may be considered for approval by City planning staff only if parcels on both sides of the boundary are to be developed as part of the same lot. (i) Form district boundaries may deviate from parcel boundaries if the new form district boundary is clearly indicated and dimensioned Figure 2.01 - Rendering of Town Center Core type development along Holden Street
6 MIDVALE MAIN STREET FORM-BASED CODE 2.1 Form Districts 2.0 NN Form Districts
Figure 2.02 - Form district map
MIDVALE MAIN STREET FORM-BASED CODE 7 2.0 NN Form Districts 2.1 Form Districts
2. Form district boundaries that building is located. FRONTAGE TYPE are not drawn along existing C. FORM DISTRICT AND parcel lines have been drawn in CORRELATED FBC SECTIONS BUILDING TYPE anticipation of future changes in USE development patterns. The form district is one of the central organizing regulations within the FBC. FORM DISTRICT (a) This type of form district Figure 2.03 shows the relationships boundary is subject to change between the major FBC regulations. SIGNAGE as future redevelopment occurs. These relationships take the form of Changes shall fit new parcel lines, Figure 2.03 - Correlations between the permission and limitations for different major FBC regulations and requirements not significantly change the size combinations of the regulation of the form district, and are to be parameters. made by city planning staff. (b) For parcels containing multiple D. BUILDING TYPE AND USE IN form district designations, EACH FORM DISTRICT those designations within the Tables 2.01-2.02 describe the parcel may be changed, subject relationships between use, building to city planning staff approval, type, and each form district. These tables as part of the preliminary compile information found in other application process. sections of the FBC and are presented (c) Buildings may cross form in this chapter as a quick reference district boundaries but between the permissions/limitations are subject to the design regarding use, building type, and the requirements of each district form district map. in which each portion of the
8 MIDVALE MAIN STREET FORM-BASED CODE 2.2 main street district (ms) 2.0 NN Form Districts
2.2 MAIN STREET DISTRICT (MS)
The unique character of Midvale’s Main the MS district. This street type provides Street distinguishes it from the other public space with the characteristics streets in both the neighborhood and that are compatible with the existing the City. Because of these distinctions, and historic buildings and a pedestrian the goals for the MS form district differ oriented main street experience. Shared from the other districts. The primary bike lanes along Main Street introduce purpose of the MS district is to preserve additional connections and people. and promote the building forms, Uses permitted in the MS district are historic character, and experience of the compatible with both the permitted traditional main street. building types and with an active town The district boundary is drawn to center that serves the needs of local include all land parcels that are adjacent residents. Residential uses will help to the Main Street right-of-way. This activate the MS district. boundary allows the form of the entire The primary frontage along Main Street street to be guided by the same form ensures that buildings front directly standards. This will build up a street on the street. This provides the spatial that is continuously cohesive in its form, relationship between buildings and maintains the character of a traditional the street that supports the pedestrian main street, and is legible as the City’s nature and active use goals for the MS historic Main Street. district. The Main Street street type is unique to
Table 2.01 - Main Street District: Permitted Uses by Building Type and Floor Designation BUILDING TYPE
USE GENERAL BAY LIMITED ROW CIVIC 1. Residential & Lodging G+U G+U N 2. Civic G+U N G+U 3. Retail G G+U N 4. Service G G+U N Not Permitted 5. Office & Industrial G+U G+U N G+U = Ground Floor and Upper Floors | N = Not Permitted G = Ground Floor Only | U = Upper Floors Only
MIDVALE MAIN STREET FORM-BASED CODE 9 2.0 NN Form Districts 2.3 town center core district (tcc)
2.3 TOWN CENTER CORE DISTRICT (TCC)
The primary purpose of this district is to The street hierarchy is evident within guide development and redevelopment the TCC district, which includes all three that will provide the physical and spatial types of streets. These street types are forms that support a walkable, vibrant, complemented with frontage types and attractive town center. This expands that create a hierarchy of smoothly the town center style development transitioning street/building spatial from Main Street to the greater relationships. neighborhood. Redevelopment in the TCC district The TCC district is the largest district in provides an opportunity to build new the FBC area. The boundary is drawn streets that provide the much needed to include properties along the major connection across Holden Street. streets (Holden St./700 W., and Center This increased connectivity supports St.), and parcels adjacent to those street multiple modes of transportation. fronting properties. This guides future The TCC district accommodates most development and redevelopment diversity of uses and building forms. that concentrates along these major This allows for more modern types of streets and creates a town center development, larger buildings, a wider neighborhood, rather than just a Main range of styles, and a use mix that Street. supports a thriving town center.
Table 2.02 - Town Center Core District: Permitted Use by Building Type and Floor Designation BUILDING TYPE
USE GENERAL BAY LIMITED ROW CIVIC 1. Residential & Lodging G+U G+U G+U N 2. Civic G+U N N G+U 3. Retail G G G+U N 4. Service G G+U G+U N 5. Office & Industrial G+U G+U G+U N G+U = Ground Floor and Upper Floors | N = Not Permitted G = Ground Floor Only | U = Upper Floors Only
10 MIDVALE MAIN STREET FORM-BASED CODE 3.1 General requirements 3.0 NN Use
3.0 USE
3.1 GENERAL to any development standards REQUIREMENTS applicable to the similar permitted use. A. GENERAL PROVISIONS 2. Unlisted Dissimilar Use. If a use is The following provisions apply to the not listed and cannot be interpreted uses outlined in this section: as similar in nature and impact to 1. Permitted Mixed-Uses. Individual a use within a form district that is buildings may contain more than permitted, the use is not permitted one use. Use can vary between and may only be approved through ground and upper floors of a an amendment of this code. building. C. USE TABLE 2. Form District Permissions. Within Table 3.01 outlines the uses in each each form district, each use is either form district as permitted by one of the permitted by right (with some uses following four designations: limited to upper floors only) or is not permitted. 1. Permitted. These uses are permitted by right and indicated with a “P” in 3. Building Type Permissions. the table. Each use shall be located within a permitted building type on a 2. Permitted in Upper Stories permitted floor. See Section 6.0 Only. These uses are permitted, by right, but only in upper stories of a 4. Indoor/Outdoor. Each use may building, i.e. not in the ground floor. have both indoor and outdoor They are indicated with a “U” in the facilities, unless otherwise specified. table. B. ORGANIZATION 3. Special Use Permit. These uses are Uses are grouped into general permitted only when a special use categories and subcategories. See Table permit has been approved by the 3.01 city planning staff. They are indicated with a “SUP” in the table. If a proposed use is not listed in the use tables, the following shall apply: 4. Not Permitted. These uses are not permitted and are indicated by a “N” 1. Unlisted Similar Use. If a use is not in the table. listed but is similar in nature and impact to a use permitted within a form district, the City may interpret the use as permitted. (a) The unlisted use will be subject
MIDVALE MAIN STREET FORM-BASED CODE 11 3.0 NN Use 3.2 SPECIFIC use RESTRICTIONS
3.2 SPECIFIC USE RESTRICTIONS A. ITINERANT MERCHANTS 1. General Requirements (a) The city shall not issue a business license for an itinerant merchant Table 3.01 - Use by Form District unless the following general FORM DISTRICT and applicable specific criteria USE CATEGORY are demonstrated as part of the MS TCC business license application: RESIDENTIAL & LODGING 1. Residential P P (b) Location on Private Property. 2. Hotel & Inn P P The business and any activity 3. Residential Care N U associated therewith must be CIVIC & INSTITUTIONAL located on private property 4. Assembly (Public & Private) P P and only as a secondary use to 5. Transit Station P P another primary commercial use. 6. Medical/Dental Clinic P P The business shall not be located 7. Library/Museum/Post Office P P on public property (including 8. Police & Fire N P public sidewalks, public streets, 9. School U U public parking areas or other RETAIL public places as defined by the 10. General Retail P P city) or on vacant or residentially 11. Neighborhood Retail P P used property, regardless of the 12. Drive Through N N zoning district. 13. Itinerant Merchants P P (c) Impervious Surface. The SERVICE business must be located on 14. General Service P P a hard surface with no portion 15. Neighborhood Service P P of the business located in a OFFICE & INDUSTRIAL landscaped or unimproved area. 16. Office/Professional P U 17. Craftsman/Industrial N P (d) Setbacks. The business must be ACCESSORY USES located a minimum of 5’-0” from 18. Home Occupation P P combustible walls, roof eave 19. Attached Parking Structure P P lines, awnings, etc.; 10’-0” from 20. Storage Building/ Carport P P any building openings (i.e., doors, SITE USES windows, vents, etc.); and 5’-0” 21. Utility/Infrastructure P P from any fire hydrant, driveway, 22. Parking Lot P P handicapped parking space and 23. Detached Parking Structure P P loading area. Space for queueing 24. Open Space P P shall be provided on private P = Permitted | U = Permitted in Upper Stories Only property, | N = Not Permitted
12 MIDVALE MAIN STREET FORM-BASED CODE 3.2 SPECIFIC use RESTRICTIONS 3.0 NN Use
(e) Lease. There must be a valid may not solicit or conduct lease or written permission from business with persons in motor the private property owner vehicles or use any flashing lights, expressly allowing the use of noise, sound or other motion- property for the business that is producing devices to attract the subject of this section. The attention to its operation. merchant shall demonstrate (k) Regulatory Compliance. All the ability to utilize an existing applicable local and state restroom facility on or nearby the regulations (i.e., food permit, tax property. numbers, registration, etc.) shall (f) Traffic Safety. The business be met. location shall not impede auto (l) Business License. All requirements and/or pedestrian traffic or create of Chapter 5.14 of the Midvale auto/pedestrian conflicts. Private Municipal Code shall be met. sidewalk clear widths shall not (m) Site Plan. A site plan, drawn be reduced below 5’-0” and to scale, showing the exact the itinerant business shall not location of the itinerant merchant interfere with the internal parking (including all components of lot circulation. the business) with setbacks to (g) Power. All electrical wiring buildings, sidewalks, roadways, must be in compliance with the driveways, parking, fire hydrants, National Electrical Code and and other important features approved by the Midvale City shall be provided. A photograph Building Department. Extension or illustration showing cords and generators are components of the business, prohibited. including cart and awning (h) Temporary Only. All aspects of dimensions, trash receptacles, the business shall be temporary coolers, signage, electrical plans, in nature with no permanent etc., shall be provided, as well facilities constructed on site, with as other information required the exception of the required to show compliance with permanent power source. the applicable requirements (i) Maintenance. The area around contained herein. the business shall be kept clean 2. Specific Requirements and orderly. A trash receptacle (a) Each business license application shall be provided for patrons. for a vending cart must comply The merchant is responsible to with the following: clean up all trash, litter, spills, etc., (i) There shall be a minimum within a minimum 20’-0” radius of separation of 200’-0” between the business. all vending cart locations. This (j) Business Conduct. The business separation shall be measured
MIDVALE MAIN STREET FORM-BASED CODE 13 3.0 NN Use 3.2 SPECIFIC use RESTRICTIONS
as a radius in all directions, include a built in canopy with the vending cart location provided it does not extend being the center point. more than 3’-0” beyond the (ii) The vending cart must be width of the cart on each side located no closer than 30’-0” and any extension beyond from a single family residential the cart width is a minimum zone. of 7’-0” above the parking (iii) Any vending cart selling food lot surface. This canopy shall items shall not be located be an earth tone color or be within 200’-0” of the primary finished stainless steel. public entrance of an existing (v) The vendor shall be limited restaurant use. The exception to three stacked coolers to this is an existing restaurant (the footprint of each is allowed to operate a cooler shall not exceed vending cart within this area, 3.75 sq. ft. in size), one trash provided all other provisions receptacle, one chair, and a of this section are satisfied. freestanding umbrella (not (iv) The vending cart shall be to exceed a 6’-0” diameter) constructed of surface external to the vending materials that are primarily cart. All other freestanding stainless steel and in devices, i.e., signs, propane accordance with the Salt Lake tanks, tables, racks, customer Valley Health Department seating, overhead structures regulations. Transparent, (i.e., tarps, enclosures, plastic sides may be extended canopy extensions), above the cart’s preparation/ etc., are prohibited. The counter surface, provided freestanding umbrella shall these sides do not extend be an earthtone color, and, if beyond the width or length extending beyond the front of the cart and 3’-0” above and side edges of the cart, the preparation counter/ must be a minimum of 7’-0” surface, if it is kept clean, and above the ground surface. is free of signage and other (vi) Signage shall be attached to attachments. The vending cart the vending cart and occupy shall not exceed a width of 4’- no more than 4 sq. ft. on the 0” and a length of 6’-0” (a hitch street facing side of the cart. may extend a maximum of Signs shall not be internally 2’-0” beyond the length of the illuminated or make use cart). The maximum height of of flashing or intermittent the vending cart, excluding lighting or animation devices. canopies or umbrellas, shall Pennants, streamers, lawn be 5’-0”. A vending cart may banners and other temporary
14 MIDVALE MAIN STREET FORM-BASED CODE 3.2 SPECIFIC use RESTRICTIONS 3.0 NN Use
signs are prohibited. residential use, as measured (vii) A portable fire extinguisher, from the nearest entrance to the Type 2A-10 BC minimum, cannabis pharmacy by following must be mounted within easy the shortest route of ordinary reach on the vending cart. pedestrian travel to the property (viii) All aspects of the business boundary of the residential area. shall be moved on and off (c) Applicant must provide a the premises each day of description of the physical operation. No overnight characteristics of the proposed parking or outdoor storage facility, including a site plan, floor is allowed. Any vending plan, architectural elevations, cart selling food items must and a security plan. Fencing and be cleaned and stored at a security devices must comply commissary approved by with applicable city requirements. the Salt Lake Valley health (d) Where allowed by State law, department. signage is subject to the (ix) The vending cart and all applicable form district signage related business items shall be requirements. maintained in good condition C. RETAIL TOBACCO and repair at all times. SPECIALTY BUSINESSES (x) The business shall be 1. Retail tobacco specialty related uses conducted only between the are permitted in all form districts hours of 6 a.m. and 10 p.m. with the following conditions: B. MEDICAL CANNABIS (a) Not permitted within 1,000’-0” 1. Medical Cannabis Pharmacies are of a community location; within permitted uses in all form districts 600’-0” of another retail tobacco with the following conditions: specialty business; within 600’-0” of an existing residential use, as (a) Not permitted within 200’-0” measured in a straight line from of a public or private school, a the nearest entrance of the retail licensed child-care facility or tobacco specialty business to the preschool, a church, a public nearest property boundary of a library, a public playground, or location described above without a public park, as measured from regard to intervening structures the nearest entrance to the or form districts. cannabis pharmacy by following the shortest route of ordinary D. OUTDOOR DINING pedestrian travel to the property 1. Each application for an outdoor boundary of the specific use. dining use shall comply with the (b) Not permitted within 600’-0” following: of an area zoned primarily for (a) The dining area shall be located
MIDVALE MAIN STREET FORM-BASED CODE 15 3.0 NN Use 3.2 SPECIFIC use RESTRICTIONS
on private property or leased and may not exceed a combined 100 public property and does not sq. ft. in size. diminish parking or landscaping. F. TELECOMMUNICATIONS (b) The dining area shall not impede FACILITY pedestrian circulation. 1. Telecommunications facilities are (c) The dining area shall not impede an administrative conditional use emergency access or circulation. and require approval from city (d) The outdoor furnishings shall be planning staff. These requirements compatible with the streetscape apply to both commercial and and associated building. private low-power radio services (e) No music or noise shall be in and facilities, such as “cellular” or excess of the city noise ordinance, “PCS” (personal communications Section 8.01.070. Outdoor music system) communications and shall not be audible off premises. paging systems. Each application for (f) No use after 10:30 p.m. and a telecommunications facility shall before 7:00 a.m. comply with the following: (g) No part of the outdoor dining 2. Wall-Mounted Antenna. Two types area shall be located within 100’- of wall-mounted antennas are 0” of any existing residential use allowed: stealth-mounted and (measured from the edge of the non-stealth-mounted. Antennas outdoor dining area to the closest mounted directly on existing parapet property line of the residential walls, penthouses, or mechanical use), unless the residential use equipment rooms are considered a is part of a mixed use building wall-mounted antenna if no portion or the outdoor dining area is of the antenna extends above the separated from the residential roofline of the building or extends use by a commercial building. no more than 4’-0” horizontally (h) Cooking facilities shall be located from the face of the building. Whip within the primary building. No antennas are not allowed on a cooking utilities, including grills, wall-mounted antenna structure. shall be permitted in the outdoor Antennas, equipment, and the dining area. supporting structures shall be selected to achieve architectural (i) The outdoor dining area shall be compatibility with the host structure kept in a clean condition and free to which they are attached. of litter and food items which constitute a nuisance to public (a) Stealth facilities shall be designed health, safety and welfare. to substantially conceal and camouflage the antennas and E. PAWN SHOPS associated equipment. 1. Display areas are limited to those (i) The planning commission shown on the approved site plan shall review and may
16 MIDVALE MAIN STREET FORM-BASED CODE 3.2 SPECIFIC use RESTRICTIONS 3.0 NN Use
grant approval for any points. new antenna(s) that (i) Area Limitations for Non- require construction of a Stealth Wall-Mounted new screening wall. New Antennas. The total area for screening wall(s) shall be in all non-stealth wall-mounted harmony with the structure’s antennas and supporting mass, architectural features, structures combined shall and overall aesthetics. not exceed 40 sq. ft. for Architectural and structural each exterior wall of the renderings, three-dimensional building or a total of 160 representation, line-of-sight sq. ft. per building. The total diagrams, photo simulations, calculated area is the sum and/or building elevations of of each individual antenna the proposed modifications and the visible portion of may be required to effectively the supporting structure as demonstrate the requested viewed when looking directly changes meeting the intent of at the face of the building. this chapter. 3. Roof-Mounted Antenna. Two (ii) Area Limitations for Stealth types of roof-mounted antennas Wall-Mounted Antennas. are allowed: stealth-mounted and The total area for all stealth non-stealth-mounted. Antennas, wall-mounted antennas equipment, and the supporting and supporting structures structures shall be selected to combined shall not exceed achieve architectural compatibility 5% of any exterior wall of with the host structure to which the building. Stealth wall- they are attached. Roof-mounted mounted antennas may antennas are an allowed use only occupy a maximum of 4 walls. on a flat roof and shall be screened, The total calculated area is constructed and painted to match the sum of each individual the structure to which they are antenna and the visible attached. The planning commission portion of the supporting shall review and may grant approval structure as viewed when to place roof-mounted stealth looking directly at the face of antennas on a pitched roof if the the building. antenna(s) are compatible with the (b) Non-stealth facilities shall only be existing structure. Roof-mounted considered in locations in which antennas may be mounted on adverse visual impacts are not a existing penthouses or mechanical substantial concern due to the equipment rooms if the antennas location of the facility, the nature and antenna support structures are of the surrounding land uses, and enclosed or visually screened from is not visible from public vantage view.
MIDVALE MAIN STREET FORM-BASED CODE 17 3.0 NN Use 3.2 SPECIFIC use RESTRICTIONS
(a) Stealth facilities shall be designed nature of the surrounding land to substantially conceal and uses. camouflage the antennas and G. HOME OCCUPATION associated equipment. (i) Antennas shall be mounted at Each application for a business license least 5’-0” behind any parapet for a home occupation shall include the wall or from the exterior wall owner’s covenant that the proposed of the building. The maximum use: height of an antenna (a) Shall not include outdoor mounted between 5’-0” and storage, outdoor display of 10’-0” behind a parapet or merchandise, nor parking/storage exterior wall shall be directly of any vehicle in excess of twelve proportional to the setback thousand pounds gross vehicle distance, and may not exceed weight; a height of 10’-0” above the (b) Shall not include identifying top of the parapet wall or roof signage in excess of a two square line of the building. foot name plate attached to the (ii) The planning commission dwelling; shall review and may (c) Is limited to the on-site grant approval for any employment of immediate family new antenna(s) that who occupy the dwelling (this require construction of a criteria is not intended to limit new screening wall. New the number of employees who screening wall(s) shall be in are engaged in business for the harmony with the structure’s home occupation but work off- mass, architectural features, premises); and overall aesthetics. (d) Shall not alter the residential Architectural and structural character or appearance of the renderings, three-dimensional dwelling; representation, line-of-sight (e) Shall not occupy more than diagrams, photo simulations, twenty-five percent of the and/or building elevations of main floor of the dwelling nor the proposed modifications any portion of any garage or may be required to effectively outbuilding located on the demonstrate the requested property in which the use is changes meeting the intent of conducted; this chapter. (f) Shall not generate business- (b) Non-stealth facilities shall only be related vehicular traffic in excess considered in locations in which of three vehicles per hour; adverse visual impacts are not a (g) Shall not cause a demand for substantial concern due to the municipal services in excess location of the facility and the
18 MIDVALE MAIN STREET FORM-BASED CODE H. PROHIBITED USES 3.0 NN Use
of that associated with normal residential use; (h) Shall be enclosed within a structure in complete conformity with current building, fire, electrical and plumbing codes; (i) Is not a mortuary, animal hospital, kennel, clinic, hospital, RV storage yard, junkyard, auto repair service, commercial stable or sexually oriented business.
H. PROHIBITED USES The following uses are prohibited throughout all form districts: 1. Sexually Oriented Businesses 2. Auto-Related Uses 3. Medical Cannabis Production Establishment 4. Outdoor Storage
MIDVALE MAIN STREET FORM-BASED CODE 19 4.0 NN Street Types 4.1 General requirements
4.0 STREET TYPES
4.1 GENERAL new street is built. REQUIREMENTS C. GENERAL REQUIREMENTS A. INTENT All proposed streets, landscape or The standards outlined in this section furnishings zones, and sidewalks shall be are intended to: located in dedicated vehicular rights-of- way. 1. Create complete streets that address all modes of travel, including 1. All new vehicular rights-of-way pedestrian traffic, bicycle traffic, shall match one of the street types transit, and vehicular traffic. as described in Sections 4.4 - 4.6, whether publicly dedicated or 2. Address all features of the street privately held. right-of-way, including sidewalks, parkways, traffic lanes, bicycle lanes, 2. All streets shall be available for public and medians. use at all times, except when closed by the city. Gated streets and streets 3. Extend, where applicable, the posted as private are not permitted existing logical and comprehensible except when closed by the city. system of streets and street names that result in a simple, consistent and D. STREET CONSTRUCTION understandable pattern of blocks, SPECIFICATIONS lots, and house numbers. All construction in the right-of-way shall 4. Provide adequate access to all lots follow specifications defined by the City. for vehicles and pedestrians. 5. Create streets that are appropriate for their context in each of the form districts and are designed to encourage travel at appropriate volumes and speeds. 6. Create streets and public rights-of- way that aid in the safe and efficient management of stormwater runoff. B. APPLICABILITY The standards in this section apply to all vehicular rights-of-way within the Main Street FBC area. The majority of implementation activities will occur when an existing street is rebuilt or a Figure 4.01- Street type rendering example
20 MIDVALE MAIN STREET FORM-BASED CODE 4.2 General Street Type Standards 4.0 NN Street Types
The street standards within this section are (i) These potential streets are not intended to be minimum requirements. formally proposed but illustrate The City may use alternative designs how future streets can meet when reconstructing streets provided the connectivity and access the general intent of street construction needs of future developments, specifications of the neighborhood is regardless of when those maintained. developments occur. 2. The hierarchy of street types, from 4.2 GENERAL STREET the most major to the most minor TYPE STANDARDS street type is: A. STREET TYPES (a) Main Street (b) Major Commercial Street Street types defined in this section outline the acceptable street configurations for (c) Minor Commercial Street the FBC district. B. GRAPHICS The street type map for the Main Street The graphics in this document are samples FBC district is shown in Figure 4.02. Solid of recommendations that illustrate a lines indicate existing streets and dotted configuration of each street type. Exact lines indicate potential new streets. cross-sections are subject to City review 1. Street type configurations are to be and approval. Examples in this chapters implemented when reconstructing are drawn in detail for clarification existing streets or building new purposes only. When applying the streets. described standards to actual streets other (a) The City may require changes configurations are possible. to the right-of-way, pavement C. TYPICAL STREET ELEMENTS width, or additional street elements depending on unique site Typical elements of a right-of-way are characteristics. divided into vehicular and pedestrian realms. Generally, the vehicular realm will (b) The City may permit modifications be designed and controlled by the city. to street widths and required The pedestrian realm will be designed improvements. Any modifications and improved by property owners, in shall be approved by the coordination with the city. Community Development Director in consultation with the City 1. The vehicular realm is the space Engineer, Public Works Director, and between the curbs on both sides Fire Marshal. of a street. It is comprised of travel lanes, parking lanes, turn lanes, (c) The potential new streets provide transit stopping areas, bike lanes, and the critical connectivity to the land medians. west of Holden Street and realign existing streets in the northeast 2. The pedestrian realm is the space section for increased connectivity between the back of a street curb and efficiency. and the property line of the adjacent
MIDVALE MAIN STREET FORM-BASED CODE 21 4.0 NN Street Types 4.2 General Street Type Standards
Figure 4.02- Street Type Map
22 MIDVALE MAIN STREET FORM-BASED CODE 4.2 General Street Type Standards 4.0 NN Street Types
parcel. It subdivided into two spaces, The following types of bicycle the park strip and the sidewalk. The accommodations are permitted in the sidewalk is the paved area along the vehicular zone per street type standards: edge of the right-of-way. Sidewalks 1. Dedicated bicycle lanes are are designed for the movement of striped lanes on the outside of pedestrian traffic along the street the outermost travel lane and are and pedestrian access to buildings. designated for bicycle use only. This The park strip is the space between lane typically occurs on both sides the sidewalk and the curb. It acts as of the street and shall be 5'-0" wide. a buffer area between the sidewalk The width of any adjacent gutters Figure 4.03 - Truck loading and street. Park strips can be used shall not be included in the bike lane space sign in two different ways, described width. as two use zones, the landscape 2. Marked shared lanes are shared by zone and furnishings zone. These both vehicular and bicycle traffic and two use zones are intermixed along are indicated by the shared arrow each street based on the street type or "sharrow" symbol, a directional requirements. arrow painted on the pavement (a) The landscape zone is where (see Figures 4.05 and 4.06). Marked the park strip is unpaved and shared lanes are typically wider than landscaped with ornamental a standard vehicular travel lane and plants, mulch, and/or street should be a minimum of 13'-0" wide. trees. It may also include swales, 3. Unmarked shared lanes refers to lighting, public art, and signage. streets without any marked bicycle (b) The furnishings zone is a lanes that have traffic speeds and paved portion of the park strip. enough space for cyclists to safely It is designed for the pedestrian ride along. Without designations, uses that would block the markings, or signage these are movement of pedestrian traffic essentially determined by each in the sidewalk, such is sitting individual cyclist, are unregulated, and gathering. Furnishings zones and aren't actual "lanes." The man include street trees in grates, designation is not very meaningful street furniture, lighting, signage, outside of planning discussions. bicycle parking, bollards, public art, and transit stops. F. TRANSPORTATION FACILITIES D. VEHICULAR TRAVEL LANES Transportation facilities include those for The number and width of vehicular public transit and delivery trucks. travel lanes, parking lanes, and bike 1. Public transit facilities should be lanes are determined by the street type. included at each bus stop and TRAX station according to the following Figure 4.04 - Pedestrian realm landscape E. BICYCLE LANES criteria: and furnishings zones diagram. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 23 4.0 NN Street Types 4.2 General Street Type Standards
(a) Public transit facilities are demand for loading space located in the furnishings adjacent to existing buildings and zone of the park strip and may uses. The specific location of each include loading areas, landings, TLS shall be indicated on the ramps, transit shelters, benches, street and/or streetscape plans lighting, pedestrian clear for each street. zones, and all other reasonable G. ON-STREET PARKING accommodations. (b) All public transit facilities shall be On-street parking requirements and coordinated with the UTA. permissions are determined by street type. 2. Truck loading spaces (TLS) provide on-street short term loading spaces H. STREETSCAPE for delivery trucks to prevent them LANDSCAPING from parking in travel lanes and 1. Streetscape designs shall be pedestrian areas. prepared for each street as part of a (a) Each TLS must be located in and new or reconstructed street. fit within the width of an on- (a) Streetscape design plans shall street parking lane. Street types be prepared by a landscape without on-street parking lanes professional such as a landscape may not have any TLSs. architect or certified landscape (b) TLS pavement markings designer. should clearly define the size (b) Whether a proposed of the TLS and be adequate to development includes one accommodate the length of a or both sides of the street, typical delivery vehicle. This may streetscape plans must provide require a longer space than the a consistent streetscape along standard on-street parking space. the length of the street. (c) Signage at each TLS shall clearly (c) Streetscape plans shall meet the Figure 4.05 - Dedicated bike lane post the maximum time that a requirements in the pedestrian delivery vehicle may occupy the realm section of the applicable space and the times of day and street type requirements table. days of the week when the TLS (i) The streetscape plan shall is reserved for delivery vehicle define the size and spacing of loading activities. The sign should the landscape and furnishings also indicate that regular on- zones. street parking is allowed during (ii) Planting plans shall be non-loading times. included for all landscape (d) The number and location of zones and planted medians. each TLS should be determined 2. Street trees are required along all by city staff and based on the street fronts. Figure 4.06 - Shared bike lane
24 MIDVALE MAIN STREET FORM-BASED CODE 4.3 General Street layout requirements 4.0 NN Street Types
(a) Street trees shall be located in the the furnishings zones. Stormwater park strip or bulb-out. management structures should be (i) In furnishings zones, trees coordinated with the City. shall be located in tree wells, J. FIRE ACCESS covered by tree grates, and planted in either structural soil Street configurations have been or soil cells. calculated to provide emergency vehicle access. On streets where the total width (ii) In landscape zones, trees of all travel lanes is narrower than 20'-0" shall be planted with the the following shall apply: ground plane vegetation. 1. Passing areas shall be provided (b) Street trees shall be regularly at 120'-0" intervals where a 30'-0" spaced at 30'-0" on center and, opening in the on-street parking or where possible, coordinated with a 30'-0" dedicated pull out space is the location of light poles and provided for vehicles to pull over to utility poles in order to maintain allow a fire truck to pass. consistent street tree spacing. 2. A driveway curb cut or fire hydrant (c) In the Main Street form zone may be utilized to fulfill the pull district, City Planning Staff over requirement. may conditionally approve a modification to street tree 4.3 GENERAL STREET location if the 30'-0" requirement LAYOUT REQUIREMENTS impedes building facade visibility. A. GENERAL LAYOUT I. STORMWATER STANDARDS MANAGEMENT The following standards apply to new Incorporating stormwater management streets or newly platted vehicular rights- best practices is encouraged. Park strip of-way. features that help with stormwater management include drainage swales 1. Streets shall be designed to respect and slotted curbs in the landscape natural features, such as slopes, zones and permeable pavement in by following rather than being interrupted by or dead-ending at the feature. Table 4.01 - Curb Radius Intersection Types SMALL RADIUS INTERSECTIONS 2. The street network shall form an Intersection Type Intersecting Street Types interconnected pattern with multiple Type 1 Minor Commercial Street Minor Commercial Street intersections. MEDIUM RADIUS INTERSECTIONS 3. The arrangement of new or Intersection Type Intersecting Street Types reconstructed streets shall provide Type 2 Major Commercial Major Commercial for the continuation of existing Type 3 Major Commercial Main Street streets from adjoining areas into new Type 4 Major Commercial Minor Commercial Street subdivisions. Type 5 Main Street Minor Commercial Street
MIDVALE MAIN STREET FORM-BASED CODE 25 4.0 NN Street Types 4.3 General Street layout requirements
B. INTERSECTIONS (a) The marking type for all 1. Curb radii at intersections should crosswalks within the FBC area be designed for the actual turning shall be the "standard" type. See radius of the typical design vehicle Figure 4.07 not the maximum design vehicle. (b) Crosswalk width shall be a Figure 4.07 - Crosswalk marking types The curb radius used at each minimum of 6'-0" per the Manual intersection is determined by on Uniform Traffic Control intersection type as shown in Table Devices (MUTCD). 4.01. The following curb radii shall (c) Crosswalk markings shall be be used unless otherwise required/ clearly located on the finished authorized by the city: street surface and where required (a) Small radii are required at in parking and access areas. intersection type 1. See Table Crosswalks shall be marked with 4.01. textured or colored pavement, (i) Intersections with on-street thermoplastic applications, or parking on both streets shall another marking approved by have a 5'-0" curb radius. the city. (ii) Intersections with on-street (d) Crosswalks with creative parking on one or neither of markings are allowed as a form the streets shall have a 15'-0" of public art, with approval from curb radius. the city. (b) Medium radii are required at (e) Crosswalk length shall intersection types 2-5. See Table encourage pedestrian activity. 4.01. The required bulb-outs decrease unprotected crosswalk lengths (i) Intersections with on-street which increases pedestrian safety parking on both streets shall and comfort. have a 10'-0" curb radius. (f) Accessibility features such (ii) Intersections with on-street as ramps and warning panels, parking on one or neither of per the American Disabilities the streets shall have a 25'-0" Act or any more stringent state curb radius. requirement, are required where (c) Larger radii require special all sidewalks terminate at a approval from the city and are crosswalk or curb. limited to streets without on- (g) Ramps shall be oriented street parking and intersections perpendicular to traffic, requiring where a street must meet the two ramps per corner at design criteria for large vehicles. intersecting streets. 2. Marked crosswalks are required 3. Bulb-Outs shall be constructed at all intersections and mid-block at all intersections and mid-block pedestrian crossings. crossings unless prohibited by the
26 MIDVALE MAIN STREET FORM-BASED CODE 4.3 General Street layout requirements 4.0 NN Street Types
city. 2. Street lighting standards (a) The depth of the bulb-out shall All new private streets shall comply with match the depth of the adjacent the following street lighting standards: on-street parking lane (if any). (a) Light sources shall be at least as (b) The radius of each bulb-out shall efficient as LED and no greater match the radius requirements than 4,000 K in correlated color for each intersection type. See temperature (CCT). Table 4.01. (b) Light fixtures shall use a cut-off (c) Bulb-outs shall be planted with luminaire that is fully or partially low-maintenance water efficient shielded with no light distributed live plants, which may include above the horizontal plane of trees, that have a low mature the luminaire or into nearby height to provide unobstructed residential structures. safety sight lines without (c) Luminaires shall be mounted at a requiring constant pruning. height no higher than 20’ above the adjacent roadway. C. STREET LIGHTING (d) Street lights shall be placed at 1. Intent intersections and at a frequency (a) To provide a safe and secure no less than 1 street light per environment for motorists, every 150’ of roadway, rounded bicyclists and pedestrians. up to the next whole number. (b) To reduce glare from street and Street light locations shall pedestrian lights on adjoining alternate sides of the street to the residences. greatest extent possible. (c) To contribute to the quality of (e) Poles and fixtures shall be each streetscape by integrating black, dark brown, or another street light spacing and street neutral color approved by tree spacing. the community development (d) To respond to and further director. neighborhood character (f) Poles, luminaires, sources, and through the selection of light associated fixtures shall match poles, bases, and fixtures in construction those used on appropriate to the commercial, public streets to the greatest residential or civic nature of extent possible. The community surrounding uses. development director may (e) To select consistent light poles, exempt an applicant from this fixtures, lamp types, finishes and requirement if implementing colors for all pedestrian and street a thematic design which lights. incorporates lighting.
MIDVALE MAIN STREET FORM-BASED CODE 27 4.0 NN Street Types 4.4 MAIN STREET
Table 4.02 - Main Street Requirements 4.4 MAIN STREET VEHICULAR REALM A. INTENT 1. Typical Right-of-Way ~68'-0" 2. Travel Lanes 2 lanes, 10' 6" wide, striped This special street type maintains the 3. Median None historic configuration of Main Street This Center Lane 4. Left Turn None configuration includes the narrow right-of- 5. On-Street Parking 8'-0" wide lane, striped on both sides of the street way, lower traffic speed, wide pedestrian 6. Bicycle Lane Sharrow marked shared bike lane (13'-0" min. width) realm, on-street parking, and street lights. Required - size and location(s) to be determined by 7. Truck Loading Space city planning staff and/or streetscape plan This street type also includes elements that 8. Bulb-Outs Required at all intersections and mid-block crossings were not part of the original historic Main PEDESTRIAN REALM Street streetscape. Some of these elements 9. Sidewalk 9'-0" sidewalk on both sides of the street are currently installed along portions of 10. Width 4'-0" park strip on both sides of the street the street and include street trees, street 11. Street Trees Evenly spaced at 30'-0" on center furnishings, and ornamental plantings. These Evenly spaced to achieve desired light coverage and elements create a more pedestrian oriented per fixture manufacturer's guidelines; street light 12. Street Lights street and help set Main Street apart as a spacing should be coordinated with street trees where possible special street within the neighborhood and Required: at-grade planters, street trees located in city. planters, water efficient low-maintenance ornamental 13. Landscape plants, street lights, no lawn B. GENERAL REQUIREMENTS Zone As Needed: street signage, utilities, public art, Park Strip Main Street shall be newly constructed or bollards Required: trees in tree wells with grates, seating, bike reconstructed, in whole or in part, according 14. Furnishings rack, garbage can, lighting to the standards in Table 4.02 and Figures Zone As Needed: street signage, utilities, public art, 4.09 and 4.10. Measurements shown in these bollards standards may need to be adjusted to actual The Main Street park strips are predominantly dimensions on the ground. The installation furnishings zones with landscape zones limited to all 15. Zone Spacing bump-outs. The frequency/spacing of furnishings, of new streetscape elements shall emulate trees, and street lights are to be defined in a and provide continuity with the streetscape streetscape plan. elements already installed on the southern blocks of Main Street. C. APPLICABILITY This street type only applies to the section of Main Street from Center Street to 7th Avenue as indicated on the street type map, Figure 4.02. As Main Street it currently fully constructed, these requirements shall be implemented at any future street reconstruction.
Figure 4.08 - Existing Main Street
28 MIDVALE MAIN STREET FORM-BASED CODE 4.4 MAIN STREET 4.0 NN Street Types
Figure 4.09 - New Main Street section shown within typical existing right-of-way
Figure 4.10- Rendering of new Main Street section
MIDVALE MAIN STREET FORM-BASED CODE 29 4.0 NN Street Types 4.5 major commercial street
Table 4.03 - Major Commercial Street Requirements 4.5 MAJOR COMMERCIAL VEHICULAR REALM STREET 1. Typical Right-of-Way ~100'-0" 2. Travel Lanes 4 lanes, 10'-6" wide, striped A. INTENT 3. Median 11'-0" wide raised planter with trees This is the highest order street type Center Lane 4. Left Turn 11'-0" wide, striped and accommodates the larger flows of 5. On-Street Parking 8'-" wide lane, striped on both sides of street pedestrians, cyclists, and vehicles along 6. Bicycle Lane 5'-0" unprotected lane on both sides of street the neighborhood's most major streets. These are the streets that connect Required - size and location(s) to be determined by 7. Truck Loading Space city planning staff and/or streetscape plan the Main Street neighborhood to the 8. Bulb-Outs Required at all intersections and mid-block crossings surrounding areas. PEDESTRIAN REALM B. GENERAL REQUIREMENTS 9. Sidewalk 7'-0" sidewalk on both sides of the street 10. Width 3'-6" park strip on both sides of the street Major commercial streets shall be newly 11. Street Trees Evenly spaced at 30'-0" on center constructed or reconstructed, in whole Evenly spaced to achieve desired light coverage and or in part, according to the standards per fixture manufacturer's guidelines; street light 12. Street Lights in Table 4.03 and Figures 4.12 and spacing should be coordinated with street trees where possible 4.13. Measurements shown in these Required: at-grade planters, street trees located standards may need to be adjusted to in planters, water efficient low-maintenance actual dimensions on the ground. If 13. Landscape ornamental plants, street lights, no lawn Zone right-of-way widths vary from the typical As Needed: street signage, utilities, public art, Park Strip value, the pedestrian realm should be bollards Required: trees in tree wells with grates, seating, adjusted to absorb the surplus or deficit 14. Furnishings bike rack, garbage can, lighting width. Zone As Needed: street signage, utilities, public art, bollards C. APPLICABILITY Major Commercial Street park strips are a mix of This street type applies only to landscape and furnishings zones. The configuration 15. Zone Spacing of zones and frequency/spacing of furnishings, trees, the sections of Center Street and and street lights are to be defined in a streetscape Holden Street/700 West as indicated plan. in the street type map, Figure 4.02. As these streets are currently fully constructed, these requirements shall be implemented at any future street redevelopment or reconstruction. Existing major commercial streets may have different right-of-way widths. This typical street section may need to be adjusted. Adjustments priorities are: 1. Remove one parking lane. 2. Reduce sidewalk/buffer area to 9'-0" min. Figure 4.11 - Major commercial street example
30 MIDVALE MAIN STREET FORM-BASED CODE 4.5 major commercial street 4.0 NN Street Types
Figure 4.12 - Major commercial street typical section
Figure 4.13 - Major commercial street rendering
MIDVALE MAIN STREET FORM-BASED CODE 31 4.0 NN Street Types 4.6 Minor Commercial Street
Table 4.04 - Minor Commercial Street Requirements 4.6 MINOR COMMERCIAL VEHICULAR REALM STREET 1. Typical Right-of-Way ~50'-0" 2. Travel Lanes 2 lanes, 10'-6" wide, striped A. INTENT 3. Median None Minor commercial streets are the Center Lane 4. Left Turn None intermediate order street type that 5. On-Street Parking None (But can be added if right-of-way is widened) provide the interstitial connections 6. Bicycle Lane 5' unmarked shared lane on one side of street between the higher order and lower Required - size and location(s) to be determined by 7. Truck Loading Space order street types. They provide city planning staff and/or streetscape plan most of the neighborhood's internal 8. Bulb-Outs Required at all intersections and mid-block crossings connections. PEDESTRIAN REALM 9. Sidewalk 6'-0" sidewalk on both sides of the street B. GENERAL REQUIREMENTS 10. Width 5'-0" park strip on both sides of the street Minor commercial streets shall be newly 11. Street Trees Evenly spaced at 30'-0" on center constructed or reconstructed, in whole Evenly spaced to achieve desired light coverage and per fixture manufacturer's guidelines; street light or in part, according to the standards 12. Street Lights spacing should be coordinated with street trees in Table 4.04 and Figures 4.15 and where possible 4.16. Measurements shown in these Required: at-grade planters, street trees located in planters, water efficient low-maintenance ornamental standards may need to be adjusted to 13. Landscape plants, street lights, no lawn actual dimensions on the ground. Zone Park Strip As Needed: street signage, utilities, public art, bollards C. APPLICABILITY Required: trees in tree wells with grates, seating, bike This street type applies only to the 14. Furnishings rack, garbage can, lighting minor commercial streets as indicated in Zone As Needed: street signage, utilities, public art, bollards the street type map, Figure 4.02. These Minor Commercial Street park strips are primarily requirements shall be implemented at landscape zones. The configuration of zones and 15. Zone Spacing any new street construction or existing frequency/spacing of furnishings, trees, and street lights are to be defined in a streetscape plan. street redevelopment or reconstruction. Existing minor commercial streets may have different right-of-way widths. This typical street section may need to be adjusted. Adjustments priorities are: 1. Remove one parking lane (on either side) with extra space added to the buffer/sidewalk width. 2. Buffers shall be a minimum width of 3'-0". Narrower buffer areas become part of the sidewalk width. 3. Minimum sidewalk width is 4'-0".
Figure 4.14 - Minor commercial street example
32 MIDVALE MAIN STREET FORM-BASED CODE 4.6 Minor Commercial Street 4.0 NN Street Types
Figure 4.15 - Minor commercial street typical section
Figure 4.16 - Minor commercial street rendering
MIDVALE MAIN STREET FORM-BASED CODE 33 4.0 NN Street Types 4.7 Active Transportation
4.7 ACTIVE C. ACTIVE TRANSPORTATION TRANSPORTATION PLAN The Active Transportation Map, A. INTENT Figure 4.21, shows how the Main Active transportation is any means of Street FBC will create new active individual travel that is powered by transportation connections. Streets human energy, primarily walking and with wider sidewalks, dedicated bike bicycling. There are many benefits lanes, and marked shared lanes form to providing active transportation a simple network that provides active infrastructure within a neighborhood. transportation routes within the B. OPPORTUNITIES neighborhood and with surrounding neighborhoods. The map also shows There are currently (2019) no bike the two existing mid-block pedestrian paths or routes within or around the connections. Main Street neighborhood. The only planned bike route is on Center Street, The priority connections to the TRAX which is part of the Utah Collaborative station and JRP require the construction Active Transportation Study's Regional of new streets once the land on the Transportation Plan. west side of Holden Street becomes available for redevelopment. These new The Bingham Junction TRAX Station connections to both the regional transit and the Jordan River Parkway (JRP) trail and trail systems give local residents system are the two neighborhood assets convenient access to the broader region that are the highest priority for new and give visitors and customers from the active transportation connections. These broader region convenient access to the connections will require new streets Main Street neighborhood. to be built between Holden Street and Bingham Junction Boulevard. Requirements and details for the bike lanes and sidewalks are part of the street type requirements in Section 4.2-E.
Figure 4.17 - Active transportation example
34 MIDVALE MAIN STREET FORM-BASED CODE 4.7 Active Transportation 4.0 NN Street Types
Figure 4.21- Active Transportation Map
MIDVALE MAIN STREET FORM-BASED CODE 35 5.0 NN Frontages 5.1 GENERAL REQUIREMENTS
5.0 FRONTAGES
5.1 GENERAL REQUIREMENTS The hierarchy of frontage types, from A. INTENT major to minor is: The frontage requirements outlined 1. Primary Frontage in this section define the interface 2. Secondary Frontage between the public and private realms. 3. Tertiary Frontage This interface occurs at the line where each land parcel abuts a public right- C. FRONTAGE SPECIFICATIONS of-way, referred to as the frontage, and Minimum frontage coverage may be is a continuous feature along both reduced to provide for a driveway sides of each street. Building facades access when no other frontage is are a major component of this public/ available to be used for access. When private interface, so building type is frontage coverage is reduced using constrained by frontage type. this provision, the provided driveway B. FRONTAGE TYPES shall be limited to the minimum width Three different frontage types are required for access, defined and applied to specific streets, as determined by as shown in the frontage map, Figure City Staff using the 5.02. Multiple types are used to create minimum width as a town center neighborhood with a a standard, and the variety of street/frontage combinations. remaining frontage These combinations reinforce the shall be covered by street hierarchy based on each street’s a building or BTZ connectivity, function, capacity, and it’s pedestrian space, as role in creating a walkable, vibrant town otherwise allowed center. within this Title. The three frontage types are: primary, secondary, and tertiary. Primary frontages are applied to the major roads, including Main Street and the major through roads. Secondary frontages are applied to the roads that directly connect to the major roads. Tertiary frontages are applied to the most minor streets. Figure 5.01 - Lot configuration types diagram. Not to scale.
36 MIDVALE MAIN STREET FORM-BASED CODE 5.1 GENERAL REQUIREMENTS 5.0 NN Frontages
Figure 5.02 - Frontage Map
MIDVALE MAIN STREET FORM-BASED CODE 37 5.0 NN Frontages 5.2 Primary Frontage
Table 5.01 - Primary Frontage Requirements 5.2 PRIMARY FRONTAGE BUILDING PLACEMENT A. INTENT BUILD-TO-ZONE (BTZ) Primary frontages accommodate more 1. Primary Street 0’ -0” min. - 10’-0” max. intense development and maintain the 2. Side Street/Rear Street 0’ -0” min. - 10’-0” max. town center type of spatial relationships SETBACK between buildings and streets. Buildings 3. Side 0’-0” min. are located very close to the right-of- 4. Rear 5’-0” min. way, creating a consistent street wall FRONTAGE COVERAGE 5. Primary Street Facade 80% min. and prioritizing walkability. 6. Side Street Facade 50% min. The values of the various parameters 7. Rear Street Facade no minimum provide less flexibility than the other 8. Corner Buildings frontage types. Primary frontages are Primary Street Facade 30’-0” min. applied only to the Main Street and Side Street Facade 30’-0” min. major commercial street types. Rear Street Facade no minimum 9. Primary Facade Courtyard 20% max. B. DESIGN STANDARDS ENCROACHMENTS Regulations for primary frontages are 10. Primary Street defined in Table 5.01 and Figures 5.03a Ground Floor 12’-0” max. and 5.03b. Upper Floor (s) 6’-0” max. 11. Side Street/Rear Street Ground Floor 8’-0” max. Upper Floor (s) 6’-0” max. PARKING: See Section 9.0 SETBACK (surface lot) 12. Primary Street 30’-0” min. 13. Side Street/Rear Street 5’-0” min. 14. Side 5’-0” min. 15. Rear 5’-0” min. PARKING DRIVEWAY (surface lot & structure) Width 15’ -0” Min 16. Width Two-Way 25’-0” max. One-Way 16’-0” max. Corner Lot 17. Location side street or rear street 18. Distance from Corner 35’-0” min. Interior Lot shared driveway, rear 19. Location street, primary street as a last resort BICYCLE AND OFFSITE PARKING 20. Bicycle parking to be provided in a secure location Figure 5.03a - Building placement example diagram. Not to scale.
38 MIDVALE MAIN STREET FORM-BASED CODE 5.3 secondary Frontage 5.0 NN Frontages
5.3 SECONDARY Table 5.02 - Secondary Frontage Requirements FRONTAGE BUILDING PLACEMENT A. INTENT BUILD-TO-ZONE (BTZ) Secondary frontages accommodate 1. Primary Street 0’-0” min. - 15’-0” max. 2. Side Street/Rear Street 0’-0” min. - 15’-0” max. medium intensity development. The SETBACK purpose is to maintain town center style 3. Side 0’-0” min. - 10’-0” max. spatial relationships along streets and 4. Rear 5’-0” min. - 10’-0” max. also to transition those relationships FRONTAGE COVERAGE between the most intense and least 5. Primary Street Facade 70% min. intense development areas. 6. Side Street Facade 50% min. The values of the frontage parameters 7. Rear Street Facade no minimum provide more flexibility than the 8. Corner Buildings primary frontage, allowing for increased Primary Street Facade 30’-0” min. spatial diversity and development Side Street Facade 30’-0” min. styles. Secondary frontages are applied Rear Street Facade no minimum primarily to the minor commercial street 9. Primary Facade Courtyard 15% max. type. ENCROACHMENTS 10. Primary Street B. DESIGN STANDARDS Ground Floor 8’-0” max. Regulations for secondary frontages are Upper Floor (s) 6’-0” max. defined in Table 5.02 and Figures 5.03a 11. Side Street/Rear Street and 5.03b. Ground Floor 6’-0” max. Upper Floor (s) 4’-0” max. PARKING: See Section 9.0 SETBACK (surface lot) 12. Primary Street 30’-0” min. 13. Side Street/Rear Street 5’-0” min. 14. Side 5’-0” min. 15. Rear 5’-0” min. PARKING DRIVEWAY (surface lot & structured) 16. Width Two-Way 25’-0” max. One-Way 16’-0” max. Corner Lot 17. Location side street or rear street 18. Distance from Corner 35’-0” min. Interior Lot shared driveway, rear 19. Location street, primary street as a last resort BICYCLE AND OFFSITE PARKING 20. Bicycle parking to be provided in a secure location
Figure 5.03b - Parking area placement example diagram. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 39 5.0 NN Frontages 5.4 tertiary Frontage
Table 5.03 - Tertiary Frontage Requirements 5.4 TERTIARY FRONTAGE BUILDING PLACEMENT A. INTENT BUILD-TO-ZONE (BTZ) Tertiary frontages accommodate lower 1. Primary Street 0’-0” min. - 20’-0” max. intensity development. The purpose is 2. Side Street/Rear Street 0’-0” min. - 20’-0” max. to provide a spatial transition between SETBACK the forms within the FBC area and the 3. Side 5’-0” min. - 10’-0” max. existing development surrounding the 4. Rear 15’-0” min. - 25’-0” max. area. FRONTAGE COVERAGE 5. Primary Street Facade 50% min. The values of the frontage parameters 6. Side Street Facade 40% min. allow for more flexibility than the 7. Rear Street Facade no minimum other two frontage types. Tertiary 8. Corner Buildings frontages are applied primarily to the Primary Street Facade 30’-0” min. neighborhood street type. Side Street Facade 30’-0” min. B. DESIGN STANDARDS Rear Street Facade no minimum 9. Primary Facade Courtyard 10% max. Regulations for tertiary frontages are ENCROACHMENTS defined in Table 5.03 and Figures 5.01a 10. Primary Street and 5.01b. Ground Floor 4’-0” max. Upper Floor (s) 4’-0” max. 11. Side Street/Rear Street Ground Floor 4’-0” max. Upper Floor (s) 4’-0” max. PARKING: See Section 9.0 SETBACK (surface lot) 12. Primary Street 30’-0” min. 13. Side Street/Rear Street 5’-0” min. 14. Side 5’-0” min. 15. Rear 5’-0” min. PARKING DRIVEWAY (surface lot & structured) 16. Width Two-Way 25’-0” max. One-Way 16’-0” max. Corner Lot 17. Location side street or rear street 18. Distance from Corner 35’-0” min. Interior Lot shared driveway, rear 19. Location street, primary street as a last resort BICYCLE AND OFFSITE PARKING 20. Bicycle parking to be provided in a secure location
40 MIDVALE MAIN STREET FORM-BASED CODE 6.1 General requirements 6.0 NN Building Types
6.0 BUILDING TYPES
6.1 GENERAL (a) Residential units are permitted REQUIREMENTS on the ground floor but are prohibited within the occupied Buildings are one of the most prominent space as required along the components of the built environment primary street-facing facade. and collectively define much of (b) Lodging units are not the character of a streetscape or permitted on the ground floor. neighborhood. Accessory lodging uses, such Buildings are collections of architectural as lobbies and meeting rooms, elements that can be described in terms are permitted both within and of both form and style. These building without the occupied space as form requirements define the physical required along the primary street- forms of the buildings without defining facing facade. their style. These form requirements are 4. No Other Building Types. All designed to ensure that future building constructed buildings must meet the projects meet the goals of the Main requirements of one of the building Street town center. types permitted within the given A. GENERAL REQUIREMENTS form district. All building types must meet the 5. Permanent Structures. All buildings following requirements: constructed shall be permanent construction without a chassis, hitch, 1. Form District. Each building type wheels, or other features that make shall be built only in the form the structure mobile. district(s) where they are explicitly allowed, as shown in the individual 6. Accessory Structures are structures building type tables and summarized located on the same lot as the in Table 6.01. principal structure(s) with uses that are incidental to the use of 2. Use. Each building type can accommodate a variety of uses, as outlined in Section 3.0. Uses may Table 6.01 - Building Type by Form District be limited to a specific story of the FORM DISTRICT BUILDING TYPE building type. See individual building MS TCC type tables in Sections 6.2 through General P P 6.5 Limited Bay N P 3. Ground Floor Residential and Row P P Lodging Use Restriction. Civic P P P = Permitted | N = Not Permitted
MIDVALE MAIN STREET FORM-BASED CODE 41 6.0 NN Building Types 6.1 General requirements
the principal structure(s). Examples they are not within Required include a garage, parking structure, Occupied Space. storage, utility, and maintenance 8. Building Length. Maximum and sheds, etc. minimum building lengths, as (a) Structures attached to measured along the right-of-way the principal structure are property lines, are determined by considered part of the principal frontage coverage and setback structure and are not accessory distances. See Section 5.0 structures. 9. Grade Separation. Ground floor (b) Detached accessory structures residential units are recommended are permitted according to each to be vertically separated by no building type (see individual more than 4’-0” above or below the building type tables in Sections sidewalk level. 6.2 through 6.5) and shall comply 10. Theme and Unity. The architectural with all setbacks except the design within a single development following: that includes multiple structures shall (i) Detached accessory structures be organized around a consistent are not permitted in the front architectural theme in terms of the yard, any space between the character, materials, texture, color, principal structure and the and scale of buildings. Restaurants, right-of-way. retail chains, and other franchise- (ii) Detached accessory structures style structures shall adjust their shall be located in the rear standard architectural theme to be yard, behind the principal consistent with the development’s structure. overall architectural character. (iii) Detached accessory structures 11. Active Streetscape. Variation in shall not exceed the height of architecture is encouraged to create the principal structure. a more appealing streetscape. Variety (c) Accessory structures shall be can be achieved through: porches, built in a manner compatible terraces, stoops, awnings, galleries, with the principal building arcades, balconies, and canopies. and shall use the same or similar 12. Primary entrances for all building quality materials as the principal types shall be located along the building. primary street facade. 7. Residential & Lodging unites are B. BUILDING TYPES not permitted on the ground floor This FBC describes 4 building types: along the primary street-facing facade within Required Occupied 1. General Space. However, residential and 2. Limited Bay lodging accessory uses are permitted 3. Row on the ground floor. Units may be 4. Civic located on the ground floor provided
42 MIDVALE MAIN STREET FORM-BASED CODE 6.2 general building 6.0 NN Building Types
6.2 GENERAL BUILDING A. INTENT The general building type a wide variety of uses. It is intended to be built close to the front and corner property lines allowing easy access to passing pedestrians and transit riders. Parking may be provided in the rear of the lot, internal to the building, or in an attached parking structure. Vehicular access should be located on the rear or side of the lot, only on the front if the rear or side is unavailable. On lots with more than one street frontage, vehicular access must be located on the side or rear street. B. REGULATIONS The general building is permitted in all form districts. Regulations for the general building type are defined in Figures 6.01, b, and c, and Table 6.02.
Figure 6.01a - General building siting diagram shown with corner tower and rear vehicular access. Not to scale.
Figure 6.01b - General building street facade diagram Figure 6.01c - General building height and use diagram shown with shown with corner tower, stoop entry type, and parapet basement and rear building interior parking, stoop entry type, and roof type. Not to scale. parapet roof type. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 43 6.0 NN Building Types 6.1 General requirements
Table 6.02 - General Building Requirements FORM DISTRICT MS TCC FRONTAGE: P=primary, S=secondary, T=tertiary 1. Frontage Type P, S P, S, T USE
*Residential uses, *lodging *Residential units, *lodging uses, 2. Ground Floor uses, Civic, retail, service civic, retail, service
Residential, lodging, civic, Residential, lodging, civic, office 3. Upper Floor(s) office & industrial & industrial 4. Parking Within Building permitted permitted 5. Required Occupied Space 30’-0” min. 30’-0” min. SITING 6. Multiple Principal Buildings permitted permitted 7. Occupation of Corner required required 8. Accessory Structure not permitted not permitted 9. Parking/Loading Location rear yard rear yard 10. Vehicular Access Type driveway, portal driveway, portal 11. Loading/Service Entrance Location rear yard rear yard HEIGHT 12. Principal Building Minimum 2 stories 3 stories 13. Principal Building Maximum 3 stories 6 stories 14. Accessory Building Maximum not permitted not permitted 15. Ground Floor Height (floor to ceiling) 12’-0” min. 12’-0” min. 16. Upper Floor Height (floor to ceiling) 8’-0” min. 8’-0” min. STREET-FACING FACADE(S): STF = storefront, ARC = arcade, STP = stoop, POR = porch 17. Entrance Type(s) STF, ARC STF, ARC, STP 18. Entrance Spacing Minimum 1/each minor division 1/each minor division 19. Ground Floor Transparency 50% min. 50% min. 20. Upper Floor Transparency 20% min. 20% min. 21. Blank Wall Limitation required required 22. Major Division Width 60’-0” min./100’-0” max. 80’-0” min./140’-0” max. 23. Minor Division Width 30’-0” min./60’-0” max. 40’-0” min./80’-0” max. 24. Minor Division Features 5 min. 5 min. 25. Facade Bay Fenestration Features 5 min. 4 min. 26. Street Facing Facade Courtyard Width 15’-0” min. 20’-0” min. PROJECTIONS: A=awning, B=balcony, C=canopy, R=roof overhang 27. Primary Street A, B, C, R A, B, C, R 28. Side Street/Rear Street A, B, R A, B, C, R ROOF TYPE: PA= parapet, PI=pitched, F=flat 29. Permitted Roof Type PA, PI, F PA, PI, F 30. Tower only on corner lots only on corner lots
* See Section 6.1.A.7 Residential and Lodging Uses
44 MIDVALE MAIN STREET FORM-BASED CODE 6.3 limited bay building 6.0 NN Building Types
6.3 LIMITED BAY BUILDING A. INTENT The limited bay building type permits a maximum of one vehicle bay per each facade bay along the primary street. A wide range of uses can be accommodated within this building type, including craftsman industrial uses. This building type is still intended to be built close to the front and corner property lines allowing easy access to passing pedestrians and transit riders, continuing the street wall. Parking may be provided in the rear of the lot or internal to the building. B. REGULATIONS Limited bay buildings are permitted in the TCC form district and are not Figure 6.02a - Limited bay building siting diagram shown with permitted in the MS form district. rear vehicular access and the vehicle bay on the primary street. Regulations for the limited bay building Not to scale. type are defined in Figures 6.02a, b, and c, and Table 6.03.
Figure 6.02b - Limited bay building height and use diagram shown with Figure 6.02c - Limited bay building street facade basement and rear building interior parking, storefront entry type, and diagram shown with vehicle bay, storefront entry parapet roof type. Not to scale. type, and parapet roof type. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 45 6.0 NN Building Types 6.3 limited bay building
Table 6.03 - Limited Bay Building Requirements FORM DISTRICT MS TCC FRONTAGE: P=primary, S=secondary, T=tertiary 1. Frontage Type not permitted S, T USE *Residential uses, *lodging uses, 2. Ground Floor Civic, retail, service *Residential units, *lodging uses, 3. Upper Floor(s) not permitted civic, retail, service 4. Parking Within Building permitted 5. Required Occupied Space 30’-0” min. SITING 6. Multiple Principal Buildings not permitted 7. Occupation of Corner required 8. Accessory Structure not permitted 9. Parking/Loading Location not permitted rear yard
10. Vehicular Access Type driveway, portal, vehicle bay
11. Loading/Service Entrance Location rear yard, bay HEIGHT 12. Principal Building Minimum 3 stories 13. Principal Building Maximum 6 stories 14. Accessory Building Maximum not permitted not permitted 15. Ground Floor Height (floor to ceiling) 12’-0” min. 16. Upper Floor Height (floor to ceiling) 8’-0” min. STREET-FACING FACADE(S): STF = storefront, ARC = arcade, STP = stoop, POR = porch 17. Entrance Type(s) STF, ARC, STP 18. Entrance Spacing 1/each minor division 19. Ground Floor Transparency 50% min. 20. Upper Floor Transparency 20% min. 21. Blank Wall Limitation required not permitted 22. Major Division Width 70’-0” min./120’-0” max. 23. Minor Division Width 35’-0” min./70’-0” max. 24. Minor Division Features 4 min. 25. Facade Bay Fenestration Features 4 min. 26. Street Facing Facade Courtyard Width 15’-0” min. PROJECTIONS: A=awning, B=balcony, C=canopy, R=roof overhang 27. Primary Street A, B, C, R not permitted 28. Side Street/Rear Street A, B, C, R ROOF TYPE: PA= parapet, PI=pitched, F=flat 29. Permitted Roof Type PA, PI, F not permitted 30. Tower only on corner lots * See Section 6.1.A.7 Residential and Lodging Uses
46 MIDVALE MAIN STREET FORM-BASED CODE 6.4 row building 6.0 NN Building Types
6.4 ROW BUILDING A. INTENT The row building is a building typically comprised of multiple vertical units, each with its own entrance to the street. This building type may be organized as townhouses or rowhouses, or it could also incorporate live/work units where uses are permitted. Parking is required to be located in the rear yard and may be either an attached Figure 6.03a - Row building siting diagram shown with or detached garage. All garages shall be detached garages and rear vehicular access. Not to scale. accessed from a single shared driveway. For an attached garage, a minimum level of occupied space is required on the front facade to ensure that the street facade is active. B. REGULATIONS Row buildings are permitted in all form districts. Regulations for the row building type are defined in Figures 6.03a, b, c, and d, and Table 6.04.
Figure 6.03b - Row building siting diagram shown with attached garages and rear vehicular access. Not to scale.
Figure 6.03c - Row building street facade Figure 6.03d - Row building height and use diagram shown with basement diagram shown with porch entry type and and rear building interior parking, porch entry type, and pitched roof type. pitched roof type. Not to scale. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 47 6.0 NN Building Types 6.4 row building
Table 6.04 - Row Building Requirements FORM DISTRICT MS TCC FRONTAGE: P=primary, S=secondary, T=tertiary 1. Frontage Type P, S P, S, T USE *Residential & lodging uses, *residential & lodging uses, retail, 2. Ground Floor retail, service service, office & industrial *residential & lodging units, *residential & lodging units, retail, 3. Upper Floor(s) retail, service, office & industrial service, office & industrial 4. Parking Within Building permitted permitted 5. Required Occupied Space 30’-0” min. 30’-0” min. SITING 6. Multiple Principal Buildings permitted permitted 7. Occupation of Corner required required 8. Accessory Structure permitted permitted 9. Parking/Loading Location rear yard rear yard 10. Vehicular Access Type driveway, portal driveway, portal 11. Loading/Service Entrance Location rear yard rear yard HEIGHT 12. Principal Building Minimum 2 stories 3 stories 13. Principal Building Maximum 3 stories 6 stories 14. Accessory Building Maximum not permitted not permitted 15. Ground Floor Height (floor to ceiling) 12’-0” min. 12’-0” min. 16. Upper Floor Height (floor to ceiling) 8’-0” min. 8’-0” min. STREET-FACING FACADE(S): STF = storefront, ARC = arcade, STP = stoop, POR = porch 17. Entrance Type(s) STF, ARC, STP STF, ARC, STP 18. Entrance Spacing Minimum 1/each minor division 1/each minor division 19. Ground Floor Transparency 50% min. 50% min. 20. Upper Floor Transparency 20% min. 20% min. 21. Blank Wall Limitation required required 22. Major Division Width not required not required 23. Minor Division Width 20’-0” min./40’-0” max. 30’-0” min./45’-0” max. 24. Minor Division Features 4 min. 4 min. 25. Facade Bay Fenestration Features 4 min. 3 min. 26. Primary Facade Courtyard Width not permitted 20’-0” min. PROJECTIONS: A=awning, B=balcony, C=canopy, R=roof overhang 27. Primary Street A, B, R A, B, R 28. Side Street/Rear Street A A, ROOF TYPE: PA= parapet, PI=pitched, F=flat 29. Permitted Roof Type PA, PI, F PA, PI, F 30. Tower not permitted not permitted
* See Section 6.1.A.7 Residential and Lodging Uses
48 MIDVALE MAIN STREET FORM-BASED CODE 6.5 civic building 6.0 NN Building Types
6.5 CIVIC BUILDING A. INTENT The civic building is the most flexible building type, intended only for civic and institutional types of uses. These buildings are distinctive within the urban fabric that is created by the other building types and could be designed as iconic structures. Parking is limited to the rear in most cases. B. REGULATIONS Civic buildings are permitted in the MS and TCC zones districts. Regulations for the civic building type are defined in the adjacent Figures 6.04a, b, and c, and Table 6.05.
Figure 6.04a - Civic building siting diagram shown with side vehicular access and tower at entry. Not to scale.
Figure 6.04b - Civic building street facade diagram shown with parapet roof type. Not to Figure 6.04c - Civic building height and use diagram shown with basement and rear scale. building interior parking and parapet roof type. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 49 6.0 NN Building Types 6.5 civic building
Table 6.05 - Civic Building Requirements FORM DISTRICT MS TCC FRONTAGE: P=primary, S=secondary, T=tertiary 1. Frontage Type P P USE 2. Ground Floor civic civic 3. Upper Floor(s) civic civic 4. Parking Within Building permitted permitted 5. Required Occupied Space 30’-0” min. 30’-0” min. SITING 6. Multiple Principal Buildings not permitted permitted 7. Occupation of Corner required required 8. Accessory Structure not permitted not permitted 9. Parking/Loading Location rear yard rear yard 10. Vehicular Access Type driveway, portal driveway, portal 11. Loading/Service Entrance Location rear yard rear yard HEIGHT 12. Principal Building Minimum 2 stories 3 stories 13. Principal Building Maximum 3 stories 6 stories 14. Accessory Building Maximum not permitted not permitted 15. Ground Floor Height (floor to ceiling) 12’-0” min. 12’-0” min. 16. Upper Floor Height (floor to ceiling) 10’-0” min. 10’-0” min. STREET-FACING FACADE(S): STF = storefront, ARC = arcade, STP = stoop, POR = porch 17. Entrance Type(s) STP, ARC STP, ARC 18. Entrance Spacing Minimum not required not required 19. Ground Floor Transparency 10% min. 10% min. 20. Upper Floor Transparency 10% min. 10% min. 21. Blank Wall Limitation not required not required 22. Major Division Width not required not required 23. Minor Division Width not required not required 24. Minor Division Features not required not required 25. Facade Bay Fenestration Features not required not required 26. Primary Facade Courtyard Width 15’-0” min. 20’-0” min. PROJECTIONS: A=awning, B=balcony, C=canopy, R=roof overhang 27. Primary Street C, R C, R 28. Side Street/Rear Street R R ROOF TYPE: PA= parapet, PI=pitched, F=flat 29. Permitted Roof Type PA, PI, F PA, PI, F 30. Tower permitted permitted
50 MIDVALE MAIN STREET FORM-BASED CODE 6.6 Entrance types 6.0 NN Building Types
6.6 ENTRANCE TYPES display area and primary entrance for retail or service uses. See Figure 6.13 A. GENERAL PROVISIONS 1. Transparency. Minimum 1. Intent. To guide the design of the transparency is required per Building ground story of all buildings to relate Type. appropriately to pedestrians on the 2. Horizontal facade division feature street. Treatment of other portions shall define the ground story facade of the building facades is detailed in from the upper story facades. each building type table. 3. Visible Basement. A visible 2. Applicability. The entire ground basement is not permitted. story street-facing facade(s) 4. Entrance. All entries shall be of all buildings shall meet the recessed from the front facade requirements of at least one of the closest to the street. permitted entrance types, unless otherwise stated. (a) Recess shall be a minimum of 3’-0” and a maximum of 8’-0” 3. Measuring Transparency. Refer to deep, as measured from the front the individual building type tables facade. for information on transparency. (b) The entrance shall not be 4. Visible Basements. Visible recessed into the lot further than basements, permitted by entrance the maximum BTZ depth. type, are optional. The visible basement shall be a maximum of C. ARCADE ENTRANCE one-half the height of the tallest An arcade recesses the entrance back story. into the ground floor, creating a covered B. STOREFRONT ENTRANCE pedestrian area beneath the second story. See Figure 6.14 The storefront entrance type is a highly transparent ground story treatment 1. Arcade. The arcade space is recessed designed to serve primarily as the into the building a minimum of 8’-0”
Figure 6.05 - Storefront entrance example Figure 6.06 - Arcade entrance example
MIDVALE MAIN STREET FORM-BASED CODE 51 6.0 NN Building Types 6.6 Entrance types
and a maximum of 15’-0” from the D. STOOP ENTRANCE front facade. The arcade space is A stoop is an unroofed, open, elevated permitted to be recessed into the lot platform. The doors on a stoop entrance beyond the maximum BTZ depth. are accessed from the stoop. See Figure 2. Build-to Zone. For arcade entrances, 6.15 the front facade is the implied plane 1. Transparency. Minimum created by the arcade columns. The transparency is required per building location of this implied plane facade type. must be within the required BTZ. 2. Horizontal facade division feature 3. Transparency. Minimum facade shall define the ground story facade transparency applies to the recessed from the upper story facades. entry facade and is required per 3. Stoop Size. Stoops shall be a building type. minimum of 3’-0” deep and 6’-0” 4. Horizontal facade division feature wide. shall define the ground story facade 4. Elevation. Stoop elevation shall from the upper story facades. be located a maximum of 2’-6” 5. Recessed Facade Entrance Type. above the sidewalk without visible The entrance type at the facade basement and a maximum of 4’-6” recessed into the arcade shall be a above the sidewalk with a visible storefront entrance type with one basement. modification: the door location shall 5. Visible Basement. A visible be flush with the adjacent windows basement is permitted and shall be and not recessed. separated from the ground story by 6. Column Spacing. Columns shall be an expression line. spaced between 10’-0” and 16’-0” on (a) The facade of the visible center. basement must have a minimum 7. Column Width. Columns shall be a transparency of 15%. minimum of 1’-6” and a maximum (b) A visible basement does not 2’-6” in width. count as a building story. 8. Arcade Opening. The top of the opening shall be lower than the interior arcade ceiling (not flush with the ceiling) and may be arched or straight. 9. Horizontal Facade Division. The ground story facade shall be divided from the upper story facades with a horizontal architectural expression. 10. Visible Basement. A visible basement is not permitted. Figure 6.07- Stoop entrance example
52 MIDVALE MAIN STREET FORM-BASED CODE 6.7 roof types 6.0 NN Building Types
6. Entrance. All entries shall be located (b) A visible basement does not off a stoop. count as a building story. E. PORCH ENTRANCE 5. Height. The porch structure shall not be tall enough to obstruct the A porch is a raised, roofed platform windows on the second story. that may or may not be enclosed on all 6. Porch Roof. The roof of the porch sides. If enclosed, the space shall not be may be flat or pitched. The roof may climate controlled. See Figure 6.16 include a balcony that is accessed 1. Transparency. from the second story. (a) Minimum transparency per 7. Entrance. All right-of-way facing building type is required. entries shall be located on a porch. (b) If enclosed, a minimum of 40% of the enclosed porch shall be 6.7 ROOF TYPES comprised of highly transparent, low reflectance windows. A. GENERAL PROVISIONS 2. Porch Size. The porch shall be a The following provisions apply to all roof minimum of 5’-0” deep and 8’-0” types: wide. 1. Intent. To guide the design of the 3. Elevation. Porch elevation shall be caps of all buildings. located a maximum of 2’-6” above 2. Applicability. All buildings shall the sidewalk without a visible meet the requirements of one of basement and a maximum of 4’-6” the roof types permitted by building above the sidewalk with a visible type. basement. 3. Measuring Height. See Figure 6.18 4. Visible Basement. A visible for information on measuring roof basement is permitted and shall be height. separated from the ground story by 4. Other Roof Types. Other building an expression line. caps not listed here as a specific roof (a) The facade of the visible type may be requested with the basement must have a minimum following requirements: transparency of 15%. (a) The building is deemed as one having special significance to Midvale City or the overall Main Street neighborhood. (b) The shape of the roof type shall be significantly different from those defined in this section, i.e. dome, spire, vault. 5. Solar Energy. Solar panels are permitted for all roof types. Figure 6.08 - Porch entrance example
MIDVALE MAIN STREET FORM-BASED CODE 53 6.0 NN Building Types 6.7 roof types
6. Appearance. Roofs shall provide an attractive appearance considering that they may be viewed from above as a fifth facade. Equipment projections and access towers must be set back a minimum of 10’-0” from the edge of the roof. Figure 6.09 - Parapet roof example B. PARAPET ROOF A parapet is a low wall projecting above occupiable space is permitted in a building’s roof along the perimeter this roof type. Such occupiable of the building. It can be utilized with a spaces must meet fire code egress flat or low pitched roof and also serves standards. The parapet wall may act to limit the view of roof-top mechanical as the perimeter barrier if it meets systems from the street. safety standards, otherwise an 1. Parapet Height. Height is measured additional barrier is required. from the outermost roof membrane 4. Rooftop Enclosures. Rooftop or structure to the top of the parapet. enclosures are permitted in this roof (a) Minimum height is 2’-0” and type. Occupiable space may not maximum height is 6’-0”. exceed 10% or 400 square feet of the (b) The parapet shall be high enough roof footprint, whichever is larger. to screen the roof and any roof Enclosures must maintain applicable appurtenances visible from the roof setback. street. C. PITCHED ROOF 2. Horizontal Expression Lines. An expression line shall define the This roof type is sloped, or pitched. parapet from the upper stories of the Slope is measured with the vertical rise building and shall also define the top divided by the horizontal span or run. of the cap. See Figure 6.19 3. Occupied Space. Outdoor 1. Pitch Measure. The roof may not (unenclosed) roof deck/terrace be sloped less than 4:12 (rise/run) or
Figure 6.10 - Height measuring diagrams
54 MIDVALE MAIN STREET FORM-BASED CODE 6.7 roof types 6.0 NN Building Types
Figure 6.11 - Low pitched/hipped roof example Figure 6.12 - Parallel ridge line with gable example
more than 12:12. 6. Occupied Space. Occupiable attic 2. Configurations. Hipped, gabled, and space, the void within the roof combination of hips and gables with trusses, may be incorporated within or without dormers are permitted. this roof type and not count as one 3. Parallel Ridge Line. A gabled end or story. perpendicular ridge line shall occur D. FLAT ROOF at least every 100’-0” of roof length This roof type has a flat roof with or when the ridge line runs parallel to without overhanging eaves. See Figure the front lot line. See Figure 6.20 6.21 4. Transparency. The upper floor 1. Configuration. Roofs with no visible transparency and blank wall slope are acceptable. Eaves are limitation requirements apply to required on all street facing facades. gable ends when the space within the roof is occupiable. Gable ends 2. Eave Depth. Eave depth is measured are exempt from these transparency from the building facade to the requirements if there is no outermost element of the eave. occupiable space within the roof. Eaves shall have a minimum depth of 0’-18”. 5. Roof height, measured from the ridge line down to the to story, is a 3. Eave Thickness. Eave thickness is function of pitch measure. measured at the outside edge of the eave, from the bottom of the eave to the top of the eave. Minimum eave height is 8 inches. 4. Interrupting Vertical Walls are facade walls below the eave that extend upwards through and above the top of the eave with no discernible cap.
Figure 6.13 - Flat roof example
MIDVALE MAIN STREET FORM-BASED CODE 55 6.0 NN Building Types 6.8 lighting standards
(a) No more than one-half of the front facade can consist of an interrupting vertical wall. (b) Vertical walls shall extend no more than 4’-0” above the top of the eave. 5. Occupied Space. Occupied space shall not be incorporated within this roof type. Figure 6.14 - Tower example E. TOWERS A tower is a rectilinear or cylindrical, vertical element, that must be used with 5. Occupied Space. Towers may be other roof types; towers are only allowed occupied by the same uses allowed on permitted building types and on in upper stories of the building type corner lots. For lots with two corners, the on which it is located. tower is only permitted on the corner 6. Application. May be combined with with the primary street. A stair tower all other roof types. used for emergency and roof access is 7. Tower Cap. The tower may be exempt from this limit. See Figure 6.22 capped by the parapet, pitched, or 1. Quantity. All building types, with the flat roof types. exception of the civic building, are limited to one tower per building. 6.8 LIGHTING 2. Tower Height. Maximum height, STANDARDS measured from the top of the lower 1. Light Source Light sources shall be parapet or eave to the top of the at least as efficient as LED and no tower, is limited to 1.5x the height greater than 4,000 K in correlated of the upper floor of the building color temperature (CCT). Light levels on which the tower is located. The shall be designed such that light tower is not included in the count for trespass measured at the property maximum number of stories. line does not exceed 0.01 foot- 3. Tower Width. Maximum width candles. Light fixtures shall use a cut- along all facades is one-third the off luminaire that is fully or partially width of the front facade or 30’-0” shielded with no light distributed whichever is shorter. above the horizontal plane of the 4. Horizontal Expression Lines. A luminaire or into nearby residential horizontal expression line shall structures. In no case shall the total define the tower from the upper lumens emitted for a single site stories, except on single family or exceed 100,000 lumens per acre. attached house residential building 2. Parking Lot Lighting. Parking types. lot lighting shall be designed and
56 MIDVALE MAIN STREET FORM-BASED CODE 6.8 lighting standards 6.0 NN Building Types
constructed to comply with the be bollard style lighting or down- following standards: directed lighting not to exceed 3. Pole Height/Design twelve (12) feet in height. Pedestrian lighting shall be coordinated (a) Luminaire mounting height is through each project and shall measured from the parking lot or complement adjacent projects to driveway surface and may range the greatest extent practical. from ten (10) feet to thirty (30) feet, based on review of site plan, 3. In order to avoid light pollution, proposed land uses, surrounding backlit awnings, up light spotlights, land uses, parking area size, and flood lights are prohibited. building mass, topography of 4. Street lighting shall either be chosen site, and impacts on adjacent from the city’s approved street light properties. list or installed to match a theme set (b) Poles and fixtures shall be by developments within the zone or black, dark brown, or another neighborhood. neutral color approved by B. UPGRADING PRE-EXISTING the community development LIGHTING director. An applicant must bring pre-existing (c) All attempts shall be made to lighting into compliance with this code place the base of light poles upon application with the business within landscape areas. license department for a change in (d) Light poles in parking areas shall ownership, new business in a stand- not exceed thirty (30) feet in alone structure or in a multi-tenant height. Poles exceeding twenty structure in which the new business (20) feet in height are appropriate utilizes more than fifty percent of the only for parking areas exceeding building square footage on the site, two hundred stalls and not in in conjunction with an application for close proximity to residential a building permit for any alteration, areas. remodel or expansion of any structure A. OTHER OUTDOOR on the site, or in conjunction with LIGHTING STANDARDS changes to the approved site plan. 1. Wall-mounted lighting fixtures shall C. LIGHTING PLAN not be located above eighteen (18) SUBMISSION REQUIREMENTS feet in height unless being used A lighting plan is required for all as building accent lighting. Fixture developments and must contain the following: styles and finishes shall compliment the building exterior. 1. Plans indicating the location on the premises, and the type of 2. Lighting located along pedestrian illumination devices, fixtures, lamps, pathways or in areas primarily supports, reflectors, installation and dedicated to human activity shall
MIDVALE MAIN STREET FORM-BASED CODE 57 6.0 NN Building Types 6.9 Additional design standards
electrical details; materials may be approved 2. Description of illuminating devices, during the site plan process. fixtures, lamps, supports, reflectors, 2. Secondary Street-Facing Facade and other devices that may include, Materials. Secondary materials but is not limited to, manufacturer on primary street-facing facades catalog cuts and drawings, are limited to details and accents including section where required; and include gypsum reinforced and Photometric data, such as that fiber concrete for trim and cornice furnished by manufacturers, or elements; metal for beams, lintels, similar showing the angle of the cut trim, and ornamentation, and off or light emission. exterior architectural metal panels 3. A point-by-point light plan to and cladding. determine the adequacy of the (a) Exterior Insulation and Finishing lighting over the site. Systems (EIFS) are permitted for trim only or on upper floor 6.9 ADDITIONAL DESIGN facades, up to 20% of total. STANDARDS 3. Roof Materials. Acceptable roof This section outlines the town center materials include 300 pound design standards that affect a building’s or better, dimensional asphalt appearance and quality. The intent composite shingles, wood shingles is to improve the physical quality of and shakes, metal tiles or standing buildings, enhance the pedestrian seam, slate, and ceramic tile. experience, protect the character of the “Engineered” wood or slate may neighborhood, create visual interest, be approved during the site plan and contribute to its sense of place. process with an approved sample. Membrane roofs are acceptable for A. MATERIALS AND COLOR flat roofs with no surface visible from 1. Primary Street- Facing Facade the street. Materials. A minimum of 80% of 4. Color. Main building colors shall be each facade shall be constructed complementary to existing building of primary materials. For facades stock, where applicable. over 100 square feet, more than one 5. Appropriate Grade of Materials. material shall be used to meet the Commercial quality doors, windows, 80% requirement. and hardware shall be used on all (a) Permitted primary building building types with the exception of materials include high quality, the row building type. durable, natural materials, such 6. Prohibited Materials List: as stone, brick; wood lap siding; (a) Vinyl or aluminum siding, fiber cement board lapped, highly reflective metal, mirrored shingled, or panel siding; glass. windows, plain cement block, Other high quality synthetic stucco.
58 MIDVALE MAIN STREET FORM-BASED CODE 6.9 Additional design standards 6.0 NN Building Types
(b) Stucco is an allowable facade adjacent building. material when used on facades F. RESIDENTIAL that do not face public streets, DEVELOPMENT adjacent residential areas, or REQUIREMENTS open space. Residential rental developments shall B. WINDOWS, AWNINGS, AND include: SHUTTERS 1. Visitability features for at least 10% of 1. Windows. Transparency units, including no-step entries, ADA requirements vary by building type. restrooms and accessible controls. 2. Awnings. All awnings shall be canvas, metal, glass, or wood. Plastic awnings are not permitted. Awning types and colors for each building face shall be coordinated. Awnings shall provide a minimum of a 8’-0” vertical clearance above ground plane. 3. Shutters. If installed, shutters, whether functional or not, shall be sized for the windows. If closed, the shutters shall not be too small for complete coverage of the window. Shutters shall be wood or metal. “Engineered” wood may be approved during the site plan process. C. DRIVE-THROUGH STRUCTURES Drive-through structures are not permitted in any form district or with any building type. D. METERS AND EQUIPMENT PLACEMENT Equipment shall be screened from view and not located on a public frontage. E. WASTE CONTAINERS Waste containers shall be located out of public view and screened with landscaping and/or a structure that is compatible with the theme of the
MIDVALE MAIN STREET FORM-BASED CODE 59 7.0 NN Open Space 7.1 General requirements
7.0 OPEN SPACE
7.1 GENERAL by the city for such circumstances REQUIREMENTS as proximity to railroad right-of- way or use around swimming A. INTENT pools, ball fields, and ball courts. To provide open space as an (b) Fence opacity shall be no amenity that promotes physical and greater than 60%. Landscaping environmental health within the is exempt from this opacity community and to provide each requirement. household with access to a variety of (c) Chain-link fencing is not active and passive open space types. permitted, with the exception of B. APPLICABILITY dedicated sports field or court fencing as approved by the city. Open space types are permitted, not (d) If a fence is built along a street permitted, or limited according to each front, openings, with or without form district. See Table 7.01 gates, shall be provided on C. GENERAL REQUIREMENTS each individual street front with a minimum spacing of All open spaces shall meet the following one opening every 100'-0" or a general requirements: minimum of one opening on 1. All open spaces within the Main street fronts that are less than Street FBC district shall comply with 100'-0". one of the open space types as 5. Ownership of all open space types defined in this section. may be either be public or private. 2. All open space types shall provide 6. Parking shall not be required for an public access from a vehicular and/ open space type, unless a use other or pedestrian right-of-way. than open space is determined by 3. Pocket park, town square, and park the city. open spaces shall be platted as a parcel or group of parcels or, with permission from the city, may be Table 7.01 - Open Space Types by Form District located within a right-of-way. FORM DISTRICT 4. Unless prohibited, open space types OPEN SPACE TYPE MS TCC may incorporate fencing provided 1. Pocket Park P P that the following requirements are 2. Town Square P P met: 3. Park P P (a) Fencing shall be a maximum 4. BTZ Pedestrian Space L L height of 3'-0" unless approved P = Permitted | N = Not Permitted L = Limited by Building and Frontage Type
60 MIDVALE MAIN STREET FORM-BASED CODE 7.1 General requirements 7.0 NN Open Space
7. Continuity of connections to straight lines that intersect existing or planned trails or open at right angles and whose space types shall be made when the endpoints are at the outer open space abuts key trail corridors property lines. The first line is or another open space type. placed at the longest distance across the open space. The D. DEFINITION OF second line crosses the first line REQUIREMENTS at a right angle at the place on The meaning and usage of terminology the first line that follows the is not universal. Some of the terms in longest distance in the direction this FBC are used differently in other perpendicular to the first line. contexts. The definitions provided in this The "minimum dimension" is FBC are specific to how they are used the shorter of these two lines. within the FBC. These definitions are not Figure 7.01 shows three examples subject to multiple interpretations and of measuring the minimum shall not be altered. dimension. The following further explains or defines 2. The minimum access requirement the requirements for each open space ensures access and visibility for the type. Refer to Tables 7.02 through 7.05 open space. It is described in two for the specific requirements of each ways: open space type. (a) The percentage of the total 1. Dimensions perimeter that must be adjacent (a) The minimum area of all open to a public right-of-way. space types is measured within (b) The minimum number of and/or the lot lines of the property. spacing between access points (b) The maximum area of all open into the open space. space types is measured within 3. Adjacent lots are those which are the lot lines of the property. directly adjacent to or directly across (c) The minimum dimension the street from an open space. requirement is a way to make (a) The adjacent form district sure that size of an open space requirement places a restriction is not too small for its particular on open spaces which are open space type. The minimum located adjacent to a form district dimension for all open space boundary. The given open space types is derived from overlaying type is permitted to be adjacent the open space plan with two to the listed form district(s) .
MIDVALE MAIN STREET FORM-BASED CODE 61 7.0 NN Open Space 7.1 General requirements
(b) The preferred orientation of not limited to, gazebos, pavilions, adjacent lots is toward the open pergolas, and shade structures. space. The given open space (iii) Landscape structures are type is permitted adjacent to, or permanent uninhabitable across the street from, the listed structures that are used for property line type(s). aesthetic purposes or active uses 4. Improvements of the following that are not a sports field/court or types may be permitted in an open playground. Examples include, but space. are not limited to, water features, (a) Sports fields are fields or courts monuments, sculptures, splash that are designed for one or more pads, climbing walls, and skate specific sports. parks. (i) Sports fields areas are (d) The pavement requirements are limited in size, expressed as a expressed as percentages of the total maximum percentage of the area of the open space, as measured total park area. within the lot boundaries. Paved (ii) Paved sports courts do not areas may use impervious and/or count toward pavement semi-pervious paving materials. Three requirements. percentages are given: (b) Playgrounds are a defined (i) The minimum total area is the areas with play structures and smallest permitted paved area equipment, such as slides, swings, and includes the sum of both and climbing structures, typically impervious and semi-pervious for children under 12 years old. paved areas. (c) Structures (ii) The maximum total area is the largest permitted paved area (i) Fully enclosed inhabitable and includes the sum of both structures are permanent impervious and semi-pervious structures with a roof and paved areas. walls with closeable doors that fully enclose the space. (iii) The maximum impervious They are intended for uses pavement area is the largest such as, but not limited to, area permitted to be paved with park offices, maintenance impervious paving materials. This sheds, community centers, maximum impervious pavement and rest rooms. percentage is lower than the maximum total percentage (ii) Open-air inhabitable so the use of semi-pervious structures are permanent areas are required to reach the structures with a roof or maximum total paved area. With overhead covering and no minimum for impervious paved partially or fully open sides. area, the maximum total area may Examples include, but are
62 MIDVALE MAIN STREET FORM-BASED CODE 7.1 General requirements 7.0 NN Open Space
be reached by using only semi- activity shall be bollard style pervious materials. lighting or down-directed (iv) Paved sports courts are not lighting not to exceed twelve counted in the pavement (12) feet in height. Pedestrian requirement percentages. lighting shall be coordinated (e) Lighting makes open spaces useful through each project and shall after sunset and improves night- complement adjacent projects time safety. Each open space type to the greatest extent practical. requires lighting but the amount (iv) Light poles for pedestrian areas and type of lighting differs with shall be mounted on shorter each open space type and design. pedestrian scale light poles, The following principles apply to not the taller vehicular scale open space lighting: poles. Hybrid poles, with both (i) Light sources shall be at least an upper vehicular fixture and as efficient as LED and no lower pedestrian fixture, are greater than four thousand K in permitted along streets. Large correlated color temperature areas that need to be lit, such as (CCT). Light levels shall be squares and sports fields, may designed such that light trespass use taller light poles for wider measured at the property line coverage. does not exceed 0.01 foot- (f) Seating is an important candles. Light fixtures shall use component of all open spaces, it a cutoff luminaire that is fully or encourages people to stop and partially shielded with no light spend time in the open space distributed above the horizontal rather than just pass through plane of the luminaire or into and allows people with different nearby residential structures. In mobility and physical needs to no case shall the total lumens enjoy the open space. Each open emitted for a single site exceed space type requires seating but the one hundred thousand lumens amount and type of seating differs per acre. with each open space type and (ii) Wall-mounted lighting fixtures design. The following principles shall not be located above apply to open space seating: eighteen (18) feet in height (i) Seat counts for manufactured unless being used as building seat furniture shall be counted accent lighting. Fixture styles according to the manufacturer's and finishes shall compliment specifications. For built-on-site the building exterior. seating, such as seat walls, steps, (iii) Lighting located along and benches, each 2'-0" of linear pedestrian pathways or in areas seating shall be considered one primarily dedicated to human seat.
MIDVALE MAIN STREET FORM-BASED CODE 63 7.0 NN Open Space 7.1 General requirements
(g) Landscaping refers to areas away from the property line. BTZ that are planted with live plants. pedestrian space is not required. These areas are subdivided into Buildings with primary facades lawns (expanses of turf grass) and located directly on the right-of-way planted areas (plants that are not property line have no BTZ pedestrian turf grass). Trees can be planted space. in both lawns and planted areas. (a) BTZ pedestrian space Landscape designs will vary regulations apply only to the widely between open space general, limited bay, and civic types and are based on specific building types and only along site characteristics and design primary frontages. goals. (b) Depth is measured from the (h) Bicycle facilities located in right-of-way property line, open spaces are an important perpendicular to the property part of the active transportation line, to the portion of the network. The amount and type building facade that is furthest of bicycle facilities differs with from the property line. open space type and design. (c) May include paved areas and/or The following principles apply to planted areas. open space bicycle facilities: (i) BTZ pedestrian spaces must (i) Bicycle rack locations shall include paved walkways/ be convenient to rights-of- driveways to all pedestrian way or other connections and vehicular entrances in the to the active transportation facade. network, be visible in the day (ii) Planted areas shall be time and well-lit at night in enclosed with 0'-6" high order to deter bike theft. curbing. (ii) Each bicycle rack shall have (iii) Trees are not permitted in an appropriate amount of any BTZ pedestrian space. clear space around it so (d) Must be open to the street and that loading and unloading shall only be enclosed by the a bicycle from the rack shall primary building facade. not impede any adjacent pedestrian walkway. (i) Shall not be enclosed with any overhead roof structure (iii) Bicycle racks with permanent or building mass. Shade coverings are encouraged. structures are permitted. 5. BTZ pedestrian space is the space (ii) Shall not be enclosed with between the primary facade of a any fencing, walls, or hedges. building and the adjacent right- of-way property line when the (e) Shall be open to public use. facade is located within the BTZ and
64 MIDVALE MAIN STREET FORM-BASED CODE 7.1 General requirements 7.0 NN Open Space
MIDVALE MAIN STREET FORM-BASED CODE 65 7.0 NN Open Space 7.1 General requirements
E. STORMWATER IN OPEN Table 7.02 - Pocket Park Requirements SPACE TYPES DIMENSIONS Stormwater management structures, 1. Minimum Area 0.1 acres such as storage and retention facilities, 2. Maximum Area 0.25 acres may be integrated into open spaces and 3. Minimum Dimension none 1 pedestrian entry to right-of-way used to meet stormwater requirements 4. Minimum Access every 20'-0" of frontage for surrounding lots. ADJACENT LOTS 1. Stormwater features in open 5. Adjacent Form District(s) any spaces may be designed as 6. Adjacent Lot Lines side, rear formal or natural amenities IMPROVEMENTS with additional uses other than 7. Permitted Sports Fields/Courts not permitted stormwater management, such as an 8. Playground permitted open-air inhabitable, water feature, amphitheater, sports field, or a pond 9. Permitted Structures monument, sculpture, splash pad or pool as part of the landscape 10. Minimum Total Area 15% design. Stormwater features shall 11. Maximum Total Area 30% not be fenced and shall not impede Paving 12. Maximum Impervious 20% public use of the land they occupy. Pavement Area 2. A qualified professional such 13. Lighting required, 16'-0" max. fixture height as a landscape architect, certified 14. Seating 1 / 200 sq. ft. 50% min. live plant coverage in planted landscape designer, or civil engineer 15. Landscaping areas at maturity (Trees not included) shall prepare and/or review plans for 16. Trees 1 / 1,000 sq. ft. any open space that incorporates 17. Bicycle Facilities 1 rack / 500 sq. ft. stormwater features.
7.2 POCKET PARK A. INTENT Pocket park areas may be appropriate in certain areas of the district. These parks may be very narrow or otherwise constrained in ways that would make a more traditional larger park unfeasible. B. GENERAL REQUIREMENTS Pocket parks should be strategically located, if possible. Pocket parks are an valuable temporary use on lots that are undeveloped.
Figure 7.02 - Pocket park example
66 MIDVALE MAIN STREET FORM-BASED CODE 7.3 town Square 7.0 NN Open Space
Table 7.03 - Town Square Requirements Regulations for the pocket park open DIMENSIONS space type are defined in Table 7.02. 1. Minimum Area 0.5 acres 2. Maximum Area 2.0 acres 7.3 TOWN SQUARE 3. Minimum Dimension 35'-0" A. INTENT 4. Minimum Access 50% of perimeter open to street frontage ADJACENT LOTS A high quality town square space can 5. Adjacent Form District(s) MS, TCC, SC become the ‘heart’ of a community, 6. Adjacent Lot Lines front when located effectively and with the IMPROVEMENTS right amount of attention given to how 7. Permitted Sports Fields/Courts not permitted the space is used and designed. Town 8. Playground not permitted squares do not need to be large in size, open-air inhabitable, water feature, 9. Permitted Structures but should be well located in the most monument, sculpture, kiosk highly concentrated and pedestrian- 10. Minimum Total Area 30% oriented parts of the community. 11. Maximum Total Area 75% Paving 12. Maximum Impervious 50% B. GENERAL REQUIREMENTS Pavement Area 13. Lighting required, 16'-0" max. fixture height Town squares should be well-designed, 14. Seating 1 / 150 sq. ft. and located in visible, and easily 50% min. live plant coverage in planted accessed places. Town squares shall 15. Landscaping areas at maturity (Trees not included) be fronted by public streets or primary 16. Trees 1 / 400 sq. ft. building facades, and surrounded by 17. Bicycle Facilities 1 rack / 500 sq. ft. activity on all sides. Town squares may not be located behind parking lots. Regulations for the town square open space type are defined in Table 7.03.
Figure 7.03- Public square example
MIDVALE MAIN STREET FORM-BASED CODE 67 7.0 NN Open Space 7.3 town Square
Table 7.04 - BTZ Pedestrian Space Requirements 7.4 BTZ PEDESTRIAN DIMENSIONS SPACE 1. Minimum Depth none A. INTENT 2. Maximum Depth BTZ depth 3. Minimum Width none Pedestrian space within the BTZ is 4. Maximum Width length of primary frontage an extension of the pedestrian realm FRONTAGE AND BUILDING TYPES public space. They are an effective way 5. Permitted Frontage Types primary to improve the appearance, function, 6. Permitted Building Types general, limited bay, civic and experience of the streetscape. IMPROVEMENTS These small pedestrian spaces provide 7. Permitted Structures monument, sculpture, water feature distinction to individual buildings, 1 walkway per pedestrian entrance 8. Minimum Paved Area spatial diversity within building facades, 1 driveway per vehicular entrance and functional outdoor space for permitted, bollard lights, landscaping 9. Lighting lights, 16'-0" max. pole fixture height activities like cafes, seating, and displays. 10. Seating permitted B. GENERAL REQUIREMENTS 50% min. live plant coverage in planted 11. Landscaping areas at maturity (Trees not included) BTZ pedestrian space is not required. 12. Bicycle Facilities permitted These BTZ pedestrian space requirements apply only to the general, limited bay, and civic building types and only along primary frontages. The location, size, quantity, and proportions of any BTZ pedestrian spaces shall take into consideration the specific features of the facade, including facade bay configuration, entrance type and quantity, and both major and minor division features. Regulations for the BTZ pedestrian space open space type are defined in Table 7.04.
Figure 7.04 - BTZ pedestrian space diagram. Not to scale. 68 MIDVALE MAIN STREET FORM-BASED CODE 7.5 Park 7.0 NN Open Space
7.5 PARK Table 7.05 - Park Requirements DIMENSIONS A. INTENT 1. Minimum Area none Park space is important to every 2. Maximum Area none community but it must be located 3. Minimum Dimension 80'-0" and designed in order to be used by a 4. Minimum Access 25% of perimeter open to street frontage variety of users at all times of the day ADJACENT LOTS and all days of the week. Park space 5. Adjacent Form District(s) any should be oriented to pedestrian 6. Adjacent Lot Lines front, side networks including convenient access IMPROVEMENTS to trail networks. 7. Permitted Sports Fields/Courts basketball, tennis, volleyball, pickleball B. GENERAL REQUIREMENTS 8. Playground permitted open-air inhabitable, water feature, 9. Permitted Structures Parks should be designed to be sensitive monument, sculpture, splash pad to community limitations on water 10. Minimum Total Area 10% usage and maintenance resources. Parks 11. Maximum Total Area 25% Paving should be appropriately scaled to focus 12. Maximum Impervious 15% on neighborhood usage and be open to Pavement Area 13. Lighting required, 16'-0" max. fixture height and welcome all users. 14. Seating 1 / 250 sq. ft. Parks are only permitted to be 50% min. live plant coverage 15. Landscaping constructed by City for County or public in planted areas use. 16. Trees 1 / 500 sq. ft. 17. Bicycle Facilities 1 rack / 600 sq. ft. Regulations for the park open space type are defined in Table 7.05.
Figure 7.05 - Park example MIDVALE MAIN STREET FORM-BASED CODE 69 8.0 NN Landscaping 8.1 General Requirements
8.0 LANDSCAPING
8.1 GENERAL Significant improvements include REQUIREMENTS new driveways, new spaces, new medians, new loading facilities, or A. INTENT complete reorganization of the The landscape standards outlined in parking and aisles. this section are designed to meet the (b) Alteration to an existing principal following set of goals. or accessory structure that results 1. To provide for healthy, long-lived in a change of 15% or more in the street trees within all public ways to structure’s gross floor area. improve the appearance of streets (c) When compliance is triggered and to create a buffer between for existing parking lots, pedestrian and vehicular travel lanes. landscape improvements shall 2. To increase the compatibility take precedence over parking of adjacent uses and minimize requirements. the adverse impacts created by 2. Landscape buffers are required adjoining or neighboring uses. according to the provisions in 3. To promote the prudent use of water this section with the following and energy resources by achieving exceptions. and maintaining sustainable, (a) Shared Driveways. Buffers shall functional landscapes. not be required along a property 4. To shade large expanses of line where a curb cut or aisle is pavement and reduce the urban heat island effect. B. APPLICABILITY Landscaping, trees, and buffers shall be installed as detailed in this section. 1. General Compliance. Application of this section to existing uses shall occur with the following developments. (a) Any development of new or significant improvements to existing parking lots, loading facilities, and driveways.
Figure 8.01 - Planted median example
70 MIDVALE MAIN STREET FORM-BASED CODE 8.2 landscaping Installation 8.0 NN Landscaping
shared between two adjoining management practices and lots. procedures according to the (b) Points of Access. Buffering is not nationally accepted standards shall required at driveways or other be practiced. points of access to a lot. (a) Installation. All landscaping 3. These provisions do not apply to and trees shall be installed in temporary uses, unless determined conformance with the practices otherwise by the City. and procedures established by the most recent edition of the 8.2 LANDSCAPING American Standard for Nursery INSTALLATION Stock (ANSI Z60.1) as published by the American Association of A. INTENT Nurserymen. The following provisions aid in ensuring (b) Maintenance and Protection. that all required landscaping is installed All landscaping and trees shall and maintained properly. be maintained according to B. APPLICABILITY the most recent edition of the American National Standards These provisions apply to landscape Institute, including its provisions installation as required by this section. on pruning, fertilizing, support C. GENERAL INSTALLATION systems, lighting protection, and REQUIREMENTS safety. 2. Installation. Landscaping shall be The installation of landscaping shall fully installed prior to the issuance of adhere to the following standards. a certificate of completeness. 1. National Standards. Best (a) If seasonal conditions preclude the complete installation, a cash escrow or irrevocable letter of credit, equal to the installation costs as estimated by a qualified professional. (b) Complete installation is required within nine months of the issuance of the temporary certificate of completeness or occupancy permit or the cash escrow or letter of credit may be forfeited. 3. Condition of Landscape Materials.
Figure 8.02 - Example of waterwise landscape with good plant variety and plant coverage
MIDVALE MAIN STREET FORM-BASED CODE 71 8.0 NN Landscaping 8.2 landscaping Installation
The landscaping materials used shall (a) Planting beds may include be: shrubs, ornamental grasses, (a) Healthy and hardy with a good ground cover, vines, annuals, or root system. perennials. (b) Chosen for its form, texture, color, (b) Planting beds shall be planted fruit, pattern of growth, and such that a minimum of 50% suitability to local conditions. their area is covered by live plant (c) Tolerant of the natural and man- material, at plant maturity. Tree made environment, including canopies are not included in tolerant of drought, wind, salt, coverage calculations. and pollution. (c) Nonliving materials, such as (d) Appropriate for the conditions colored gravel or organic mulch, of the site, including slope, water are permitted to be visible in table, and soil type. no more than 50% of a bed area. Mulch depth should be a (e) Protected from damage by minimum of 3". grates, pavers, or other measures. (d) Annual beds must be maintained (f) Plants that will not cause a seasonally and replanted as nuisance or have negative necessary. impacts on an adjacent property. 2. Turf grass is not permitted in (g) Species native or naturalized to any of the three landscape zones the Wasatch Front, whenever described in this chapter. possible. 3. Planting beds should be designed 4. Compost, mulch, and organic and maintained to provide adequate matter may be utilized within visibility. the soil mix to reduce the need for fertilizers and increase water retention. 5. Establishment. All installed plant material shall be fully maintained until established, including watering, fertilization, and replacement as necessary. D. GROUND PLANE VEGETATION All unpaved areas shall be covered by one of the following: 1. Planting Beds
Figure 8.03 - Low plantings provide adequate visibility at intersections
72 MIDVALE MAIN STREET FORM-BASED CODE 8.2 landscaping Installation 8.0 NN Landscaping
(a) Planting plans around known fertilization, and other similar work signage locations shall select low shall be performed by or under the growing plants to provide long management of an ISA certified term sign visibility with minimal arborist. maintenance. 3. Tree Size. All trees to be installed (b) Planting beds near pedestrian to meet the requirements of this and vehicular intersections section shall be a minimum of 2 inch should be designed to maintain caliper at the time of installation. safe sight lines for pedestrians 4. Structural Soil and Soil Cells. and drivers. When a tree is to be planted within E. TREE INSTALLATIONS a park strip or paved area such as a plaza (and the pavement is not yet 1. Tree Measurement. New trees shall installed), structural soil is required be measured at six inches above the underneath the adjacent pavement. mean grade of the tree’s trunk when Structural soil is a medium that can four inch caliper or less and twelve be compacted to pavement design inches for tree trunks above four and installation requirements while inches, and noted as caliper inches still permitting root growth. It is throughout this ordinance. a mixture of gap-graded gravels 2. Tree Maintenance. Tree trimming, (made of crushed stone), clay loam,
Figure 8.04 - Street tree structural soil diagram
MIDVALE MAIN STREET FORM-BASED CODE 73 8.0 NN Landscaping 8.2 landscaping Installation
and a hydrogel stabilizing agent to areas. keep the mixture from separating. 5. All systems shall be equipped with a It provides an integrated, root back-flow prevention device. penetrable, high strength pavement 6. All mechanical systems including system that shifts design away from controllers and back-flow prevention individual tree pits. devices shall be properly screened 5. Energy conservation can be from public view. enhanced by plant placement. 7. Irrigation systems shall be smart Plantings shall be designed to and weather-based instead of reduce the energy consumption clock-based. A WaterSense label is needs of the development. recommended. (a) Deciduous trees should be placed on the south and west G. MAINTENANCE OF LANDSCAPE sides of buildings to provide shade from the summer sun and All landscaping shall be maintained in allow heat from the winter sun to good condition at all times to ensure a reach the buildings. healthy and orderly appearance. (b) Evergreen plants and other 1. All required landscaping shall plant materials should be be maintained to adhere to all concentrated on the north side of requirements of this ordinance. buildings to dissipate the effect 2. Unhealthy plants shall be replaced of winter winds. with healthy, live plants by the end of the next applicable growing season. F. IRRIGATION SYSTEMS This includes all plant material Permanent irrigation, beyond establishment, is required and shall adhere to the following standards. 1. All irrigation systems shall be designed to minimize the use of water. 2. Non-residential landscape irrigation shall have an automatic clock- activated permanent controller. 3. The irrigation system shall provide sufficient coverage to all landscaped areas. 4. The irrigation system shall not spray or irrigate impervious surfaces, including sidewalks, driveways, streets, and parking and loading
Figure 8.05 - Park strip landscaping example
74 MIDVALE MAIN STREET FORM-BASED CODE 8.3 Street Trees 8.0 NN Landscaping
that shows dead branches over a Table 8.01 - Small Street Trees - for use under power lines minimum of 25% of the normal 1. Crabapples (fruitless only) 2. Whitebeam Mountain Ash branching pattern. 3. Golden Raintree 4. Eastern Redbud 5. Japanese Tree Lilac 6. Hedge Maple 3. The owner is responsible for 7. Amur Maple 8. Rocky Mountain Maple the maintenance, repair, and 9. Tatarian Maple 10. Green Mountain Ash replacement of all landscaping, 11. Dwarf Littleleaf Linden 12. Zelkova screening, and curbing required herein. 4. Maintenance shall preserve at least the same quantity, quality, and Table 8.02 - Small Street Trees screening effectiveness as initially For landscape zones that are less than 5’-0" wide installed. 1. Any of the trees in the power line tree list, Table 8.01 5. Fences, walls, and other barriers 2. Amur Chokecherry 3. Turkish Filbert shall be maintained in good repair 4. Thornless Hawthorn 5. Netleaf Hackberry and free of rust, flaking paint, graffiti, 6. European Mountain Ash 7. Paperbark Maple and broken or damaged parts. 8. Red Horsechestnut 9. Hardy Rubber Tree 10. Kwanzan Cherry 6. Tree topping is not permitted. When necessary, crown reduction thinning or pruning is permitted. 7. All landscaped areas regulated by Table 8.03 - Medium Street Trees this ordinance may be inspected by For landscape zones between 5’ -0" and 8-0"’ wide the City. 1. Hedge Maple 2. Velvet Ash 3. Littleleaf Linden 4. Yellowwood 8.3 STREET TREES 5. Lacebark Elm 6. Fairview Maple 7. Pyramidal Hornbeam 8. Chinese Fringe Tree A. INTENT 9. Thornless Honeylocust 10. Frontier Elm To line all streets with a consistent and 11. Briotii Horsechestnut 12. Sensation Boxelder appropriate planting of trees to establish 13. Manchurian Ash 14. Purple Robe Locust tree canopy for environmental benefit and a sense of identity for all streets. B. APPLICABILITY Table 8.04 - Large Street Trees The requirements herein apply to the For landscape zones wider than 8’-0" reconstruction and new construction of 1. American Linden 2. Patmore Seedless Ash all streets. 3. Common Hackberry 4. Red Oak 5. English Oak 6. Silver Linden C. MINIMUM STREET TREE 7. European Beech 8. Sycamore Maple REQUIREMENTS 9. Ginkgo (male variety only) 10. Accolade Elm The following standards apply to the 11. Japanese Zelkova 12. Cimmaron Ash installation of street trees. 13. Marshall Seedless Green Ash 14. Thornless Honeylocust 15. Japanese Pagoda Tree 16. Kentucky Coffeetree 1. The minimum clear branch height 17. London Planetree 18. Sterling Silver Linden in the MS and TCC districts is 8'-0".
MIDVALE MAIN STREET FORM-BASED CODE 75 8.0 NN Landscaping 8.4 Landscape areas
2. Street tree species shall be selected Table 8.05 - Prohibited Street Trees according to the conditions of the 1. Aspen 2. Fruit-bearing trees park strip and in compliance with 3. Balm of Gilead 4. Nut-bearing trees Tables 8.01 through 8.05. A certified 5. Gambel Oak 6. Birch (all species) arborist may recommend species 7. Mayday Tree 8. Black Locust to be approved by the City on a per 9. Mulberry (all species) 10. Common Box Elder project basis. 11. Russian Olive 12. Catalpa 3. Street tree spacing requirements 13. Saskatoon Serviceberry 14. Chinese Date are defined by street type. See 15. Cottonwood (all species) 16. Silk Tree Section 4.0 17. Flowering Plum 18. Conifers (all species) 4. Street trees may be planted in tree 19. Willow (all species) wells with grates or in planting beds, as defined by street type. See Section 4.0 D. STREETSCAPE DESIGN Street trees are located in the public right-of-way and are included in the streetscape design for each street. See Section 4.0 for the streetscape design requirements.
8.4 LANDSCAPE AREAS A. INTENT To increase the compatibility of adjacent uses and minimize the adverse impacts created by adjoining or neighboring uses. This is accomplished by defining three different types of landscape areas. These areas help to screen, separate, and define the edges of a lot and the interior of surface parking lots. The three landscape areas are: 1. Parking Lot Frontage Buffers 2. Parking Lot Interior Landscape 3. Side and Rear Landscape Buffers
76 MIDVALE MAIN STREET FORM-BASED CODE 8.5 Parking Lot frontage Buffers 8.0 NN Landscaping
Table 8.06 - Parking Lot Landscape Buffer Requirements 8.5 PARKING LOT FRONTAGE BUFFERS BUFFER REQUIREMENTS 1. Depth 5'-0" min. A. INTENT required where a parking lot abuts a street 2. Location Landscaped buffers around parking lots frontage are designed to reduce the visual impact PLANTING REQUIREMENTS required 30'-0" on center where there is of vehicular areas on public streets and efficient space for a buffer tree to be planted adjacent properties. 3. Trees at the halfway point between street trees, on street side of fence when a fence is present B. APPLICABILITY buffers are required to be planted with live 4. Ground Plane Vegetation Applies to properties in all form districts plants with at least 50% coverage at maturity where a parking lot abuts a street FENCING (OPTIONAL) frontage. 5. Height 3'-0" min. - 4'-0" max. 6. Location 2'-0" offset from parking lot outer curb Regulations for the parking lot frontage 1 pedestrian opening allowed per street buffer landscape area type are defined 7. Opening frontage, 4'-0" minimum width in Table 8.06.
Figure 8.06 - Parking lot frontage buffer diagram. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 77 8.0 NN Landscaping 8.5 Parking Lot frontage Buffers
8.6 PARKING LOT Table 8.07- Parking Lot Interior Landscape Requirements INTERIOR LANDSCAPE LANDSCAPE ISLAND REQUIREMENTS A. INTENT 1 island at the ends of each row/parking bay, Landscaped areas within parking lots 1. Locations including parking lot corners are designed to provide shade, minimize + 1 island every ten stalls in each row/bay, stormwater runoff, and improve the 5'-0" min. width appearance of parking lots. 2. Width + structural soil area, 10'-0" radius from tree center, required for trees planted in any island B. APPLICABILITY narrower than 15'-0" wide All surface parking lots with fourteen PLANTING REQUIREMENTS or more parking spaces shall provide 3. Trees 1 large shade tree / island min. islands are required to be planted with live landscaping in accordance with the 4. Ground Plane Vegetation plants with at least 50% coverage at maturity provisions of this section. Regulations for the parking lot interior landscape area type are defined in Table 8.07.
Figure 8.07 - Parking lot interior landscaping diagram. Not to scale.
78 MIDVALE MAIN STREET FORM-BASED CODE 8.5 Parking Lot frontage Buffers 8.0 NN Landscaping
Table 8.08 - Side & Rear Landscape Buffer Requirements 8.7 SIDE AND REAR LANDSCAPE BUFFERS DEPTH & LOCATION required along side and rear lot lines (not along A. INTENT 1. Locations street frontages or across driveways) Landscaping along the rear and sides 2. Depth 5'-0" min. of a lot are designed to minimize LANDSCAPE REQUIREMENTS negative impacts between adjacent 3. Trees 1 tree / 30'-0" of side and rear lot lines developments and provide softening A continuous double row of shrubs planted in the space between trees. Individual shrubs and screening between properties. 4. Hedge Option to have a minimum mature width of 3'-0" and minimum mature height of 4'-0" planted at no B. APPLICABILITY more than 3'-0" on center. These landscape buffers are required in An opaque fence with a minimum height of all developments with ground floor 6'-0" to be installed adjacent to the lot line. non-residential uses within the district. 5. Fence Option The buffer on the interior side of the fence is required to be planted with live plants with at Approved shared parking lots are least 50% coverage at maturity. exempt from side and rear landscape Each side and rear buffer must use either the hedge or fence option. buffer requirements when the parking lot straddles a side or rear lot line. See section 9.2-C Regulations for the side and rear landscape buffer landscape area type are defined in Table 8.08.
Figure 8.08 - Side and rear landscape buffer diagram. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 79 9.0 NN Parking 9.1 General Requirements
9.0 PARKING
9.1 GENERAL 2. Damage or Destruction. When REQUIREMENTS a use that has been damaged or destroyed by fire, collapse, explosion, A. INTENT or other cause is reestablished, These provisions are established to any associated off-street parking accomplish the following: spaces or loading facilities must 1. Ensure an appropriate level of be reestablished based on the vehicle parking, loading, and storage requirements of this section. to support a variety of uses. 3. Site Plan Approval. Parking 2. Provide appropriate site design quantities and parking design and standards to mitigate the impacts layout shall be approved through the of parking lots on adjacent uses and site plan approval process. form districts. 9.2 PARKING 3. Provide specifications for vehicular site access. REQUIREMENTS B. APPLICABILITY A. GENERAL REQUIREMENTS FOR PARKING This section shall apply to all new 1. Accessible Parking. Parking development and changes in facilities accessible for persons with use or intensity of use for existing disabilities shall be in compliance development, in any form district. with or better than the standards 1. Compliance with these required detailed in the state Accessibility standards outlined shall be triggered Code, including quantity, size, by the following circumstances: location, and accessibility. (a) Development of all new parking 2. Approved Unlisted Uses. Upon facilities, loading facilities, and receiving a site plan approval, driveways. occupancy certificate, or other (b) Improvements to existing permit application for a use not parking facilities, loading facilities, specifically addressed in section and driveways, including 3.0, the city is authorized to apply reconfiguration, enlargement, or off-street parking standards specified the addition of curbs, walkways, for the use deemed most similar fencing, or landscape installation. to the proposed use. In instances (c) Change in use requiring a where an equivalent may not be change in the amount of parking. clearly determined, the city may require the applicant to submit a
80 MIDVALE MAIN STREET FORM-BASED CODE 9.1 General Requirements 9.0 NN Parking
Table 9.01 - Vehicular Parking Requirements by Use & Form District PARKING REQUIREMENT USE CATEGORY CALCULATION UNIT MS TCC RESIDENTIAL & LODGING 1. Single Family & Multifamily 1.0 max. 1.0 max. per dwelling unit (Studio/1 Bedroom) 2. Multifamily (2 Bedrooms) 1.5 max. 1.5 max. per dwelling unit 3. Multifamily (3+ Bedrooms) 2 max. 2 max. per dwelling unit 1.0 max. 1.0 max. per room + 4. Hotel & Inn 1.0 max. 1.0 max. per 200 sq. ft. office & dining 0.5 max. per rooming unit + 5. Residential Care n/a 0.75 max. per employee CIVIC & INSTITUTIONAL 6. Assembly (Public & Private) 0.2 max. 0.25 max. per seat (capacity) 7. Transit Station TBD TBD per city planning staff 1.25 max. 1.5 max. per treatment room + 8. Medical/Dental Clinic 0.75 max. 1.0 max. per employee 9. Library/Museum/Post Office 0.75 max. 1.0 max. per 600 sq. ft. 10. Police & Fire n/a n/a per city planning staff 11. School: Pre-K through 1.0 max. 1.0 max. per classroom + Junior High 0.75 max. 1.0 max. per 200 sq. ft. office space 1.0 max. 1.0 max. per classroom + 12. School: High School & 0.75 max. 1.0 max. per 200 sq. ft. office space + Higher Education 0.15 max. 0.2 max. per student RETAIL 13. General Retail 1.0 max. 1.25 max. per 300 sq. ft. 14. Neighborhood Retail 0.75 max. 1.0 max. per 300 sq. ft. SERVICE 15. General Service 0.5 max. 0.75 max. per 250 sq. ft. 16. Neighborhood Service 0.5 max. 0.75 max. per 250 sq. ft. 0.5 max. 0.5 max. per seat (capacity) + 17. Bars & Restaurants 0.75 max. 0.75 max. per employee OFFICE & INDUSTRIAL 18. Office/Professional 1.0 max. 1.0 max. per 200 sq. ft. 1.0 max. per 500 sq. ft. retail space + 19. Craftsman/Industrial n/a 1.5 max. per 1,000 sq. ft. production space SITE USES 20. Open Space TBD TBD per city planning staff n/a = use is not permitted in the given form district | TBD = to be determined by city planning staff
MIDVALE MAIN STREET FORM-BASED CODE 81 9.0 NN Parking 9.2 Parking Requirements
Table 9.02 - Bicycle Parking Requirements MINIMUM REQUIRED BICYCLE parking study or other evidence that USE CATEGORY OR TYPE PARKING SPACES will help determine the appropriate the greater of either 4 spaces or requirements. 1. Multifamily .05 spaces / bedroom 2 spaces B. REQUIRED VEHICULAR AND 2. Civic & Institutional + 1 / each additional 10,000 sq. ft. BICYCLE PARKING 2 spaces 3. Retail Table 9.01 contains the vehicular parking + 1 / each additional 5,000 sq. ft. 2 spaces requirements and Table 9.02 outlines the 4. Service + 1 / each additional 5,000 sq. ft. bicycle parking requirements. 2 spaces 5. Office/Professional 1. Parking requirements are organized + 1 / each additional 10,000 sq. ft. by use and form district. 6. Open Space per city planning staff (a) Parking requirements are provided by use sub-category and form district; these numbers are applicable for all of the uses within each sub-category. 2. The parking requirment columns in Table 9.01 indicates maximum or minimum required off-street parking ratios, which may be subject to credits and other reductions, as detailed in this section. 3. Table 9.02 indicates the minimum bicycle parking ratio for each given use. 4. Computation. Off-street parking spaces shall be calculated using the Figure 9.01 - Bicycle parking example following information. (a) Area Measurements. The following units of measurements (ii) Net Leasable Floor Area. shall be utilized to calculate Unless otherwise expressly parking requirements. stated, parking standards for non-residential uses shall be (i) Dwelling/Rooming Unit. computed using net leasable Parking standards for floor Area. This means gross residential uses shall be floor area excluding common computed using dwelling hallways, mechanical and unit, rooming unit, or room storage areas, and restrooms. as the unit of measure, unless Occupancy- or Capacity- otherwise stated. Based Measurements.
82 MIDVALE MAIN STREET FORM-BASED CODE 9.2 Parking Requirements 9.0 NN Parking
Parking spaces required result of less than 0.5 may be per available seat or per rounded down to the previous employee, student, or consecutive whole number. occupant shall be based (c) When there are multiple uses on on the greatest number of a lot, spaces shall be calculated persons on the largest shift, as an amount equal to the the maximum number of combined requirements for all students enrolled, or the uses on the lot. maximum fire-rated capacity, whichever measurement is applicable. (iii) Bench Seating. For uses in which users occupy benches, pews, or other similar seating facilities, each 24 inches of such seating shall be counted as one seat. (b) Fractions. When computation of the number of required off-street vehicular parking spaces results in a fractional number, any result of 0.5 or more shall be rounded up to the next consecutive whole number. Any fractional
Figure 9.02 - Shared parking example
MIDVALE MAIN STREET FORM-BASED CODE 83 10.0 NN Signage 10.1 GENERAL REQUIREMENTS
10.0 SIGNAGE
10.1 GENERAL window square footage. REQUIREMENTS (a) Multiple sign types may be used on the same building when A. INTENT the sign quantity indicates 1 This section seeks to enhance the max. / facade bay and indicates economic and aesthetic appeal of the that the quantity is cumulative town center neighborhood through the across sign types. Any mix of reasonable, orderly, safe, and effective such sign types is permitted on display of signage. Signage should a single building as long as the contribute to the identity and brand of maximum quantity per facade the town center. bay is maintained for the entire building. B. GENERAL REQUIREMENTS 5. Sign Location. Unless otherwise Compliance with the regulations specified, signs shall only be located outlined shall be attained under the within the boundaries of the lot and following situations: not in the right-of-way or on public 1. Newly Constructed or property. Reconstructed Signage. All new (a) Certain sign types may project signs and structural improvements beyond a property line into to existing signs shall comply with the right-of-way or into public these regulations. property. 2. Change in Use for Single Business Signage. For signage serving one business, whenever the existing use is changed to a new use requiring any change of signage content, the new sign and sign content shall Table 10.01 - Sign Type by Form District comply with these regulations. FORM DISTRICT SIGN TYPE 3. Maximum Sign Area. Unless MS TCC otherwise specified, the total area 1. Wall P P of all permanent signage associated 2. Awning P P with any building shall be 15% of the 3. Hanging/Projecting P P area of the primary building facade. 4. Monument N N 4. Sign Quantity. Indicates the 5. Freestanding Post N P number of signs permitted per 6. Directory N N building unit such as quantity 7. Window P P per facade bay or a percentage of P = Permitted | N = Not Permitted
84 MIDVALE MAIN STREET FORM-BASED CODE 10.1 GENERAL REQUIREMENTS 10.0 NN Signage
(b) No sign shall be attached to plane, and shall not exceed a a utility pole, traffic pole, tree, total area of 25 square feet. standpipe, gutter, drain, or other 6. Illumination. All signs shall be vertical support structure that illuminated according to the was not purpose built to support following provisions unless the sign. otherwise stated: (c) Signs shall be erected so as to (a) Signs shall be illuminated only by permit free ingress to and steady, stationary light sources egress from any door, window, directed solely at the sign or the roof, or any other exit-way internal to it, except as permitted required by the building code or for electronic message boards for by fire department regulations. marquee signs. (d) No sign shall be erected or (b) Individual letters or logos maintained in such a manner as may be internally illuminated to obstruct free and clear vision as permitted per each sign of, interfere with, or be confused type; when this type of lighted with any authorized traffic sign, lettering is used, no other portion signal, or device, or where it may of the sign shall be internally interfere with vehicle or train line- illuminated. of-sight. (c) Gas-discharge tube signage, (e) Signs oriented to the pedestrian commonly known as “neon signs,” realm are required for each is not permitted. entryway on a public street. (d) Marquee signs, with either These signs should be mounted electronic or manually changed at a comfortable height and be lettering, are permitted unless clear and legible from the close otherwise prohibited. range at which a pedestrian (e) When an external artificial light encounters the sign. The bottom source is used to illuminate a edge of each sign should be no sign, the lamp (or bulb) shall be higher than 9’-0” from the ground
Figure 10.01 - Sign types diagram. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 85 10.0 NN Signage 10.1 GENERAL REQUIREMENTS
located, shielded, and oriented is permitted the sign area so as to not be visible from any requirements apply to each side public street or private residence. of the sign separately. (i) No receptacle or device 9. Sign Type Requirements. The housing a permitted light following pertain to specific sign source which is attached to types detailed in this section. the sign itself shall extend (a) Temporary Signs are A-Frame more than 1’-6” from the face signs constructed of white plastic of the sign. or wood and internally weighted (ii) Sign output counts towards are allowed. Such signs shall be minimum light output per no greater than 8 square feet per property. (See 100k lumen side. No other temporary signs limit) permitted. (iii) Light must be directed (b) Window Signs shall not count downward with no light toward the signage quantity and transmitted above horizontal area or size requirements for any plane of luminaire. other sign type. 7. Temporary Signs. The following (c) Signs Facing onto Parking standards apply to temporary Lots. One parking lot facing sign signage: is permitted in addition to the (a) Each non-residential tenant maximum requirements for other may be allowed one temporary sign types. A-frame sign. (i) Permitted sign types for (b) Temporary signs shall not be parking lot facing signs are located in the public right-of-way or clear view area. (c) Temporary sign exposure is limited to three 30 day periods per year. (d) Temporary signs shall not count toward the requirements of any other sign type. 8. Double sided signs are permitted with certain sign types. A double sided sign has two sign faces of equal dimensions that are coplanar and face in opposite directions. (a) When a double sided sign
Figure 10.02 - Example of a storefront with excessive signage
86 MIDVALE MAIN STREET FORM-BASED CODE 10.1 GENERAL REQUIREMENTS 10.0 NN Signage
wall, projecting, or awning (i) Symbol or Logo Size. The signs. symbol or logo may not (ii) Maximum sign area is 30 be larger than 10’-0” in any square feet. direction. (iii) Permitted location is either a (ii) No moving parts or external side or rear facade that faces a illumination of the symbol or parking lot. log may be provided. (iv) If such signs face existing (iii) The text component of the single family homes, they may may not be more than 30% of not be illuminated. the overall area of the sign. (d) Iconic Sign Elements. Iconic (e) Historic Signs. Any existing signs may be allowed at the signs that the city has identified discretion of the city if the as historic shall be included in lighting of the sign does not the site plan approval process significantly impact adjacent in order to encourage their neighbors and the sign helps to preservation and/or reuse. identify the town center area. Such signs shall comply with the following:
Figure 10.03 - Example of a street with sufficient signage
MIDVALE MAIN STREET FORM-BASED CODE 87 10.0 NN Signage 10.2 Wall Signs
10.2 WALL SIGNS Table 10.02 - Wall Sign Requirements A. INTENT 1. Permitted Districts MS, TCC Wall signs, also known as flat, channel MS & TCC districts: 2.0 sq. ft. of sign area / linear foot of facade bay width, 200 sq. ft. max. area / sign letter, or band signs, are mounted 2. Sign Area 3 sq. ft. max. / tenant for nameplate signs directly to the building face to which the sign is parallel. Refer to the figures 3. Height 3’-0” max. letter or element height below. 4. Location permitted on all facades 5. Placement 1’-0” max. projection from building face B. REGULATIONS 1 max. / primary facade bay (cumulative across permitted sign 6. Quantity types) Wall signs shall be developed according 7. Internal Illumination permitted for individual letters and logos to the standards in Table 10.02. solid wood, metal, masonry, and glass are permitted 1. Wall signs shall not cover windows or 8. Materials plastic and synthetics are permitted only as separate other building openings. alphanumeric characters or logo elements 2. Wall signs shall not cover architectural building features, and shall be architecturally compatible with the building. 3. Painted signs, a type of wall sign painted directly onto the building facade are permitted. 4. Nameplate signs indicate the name or occupation of the tenant. They shall be subject to all of the requirements of the wall sign type, but shall be no larger than 3 square Figure 10.04 - Mounted wall sign example feet maximum per tenant. 5. No wall signs shall be permitted on any facade facing an existing single family residential zone, except for iconic sign elements as approved by the city. C. CALCULATION The area of a wall sign is calculated using the following information: 2. For painted signs, area is calculated 1. For attached signs, area is calculated by measuring the area of the by drawing the smallest possible smallest square or rectangle that square or rectangle around the can be drawn around all of the sign largest letters and/or elements, as elements, including any painted Figure 10.05 - Wall sign measuring illustrated in Figure 10.05. background. diagrams: mounted sign (top), painted sign (bottom). Not to scale.
88 MIDVALE MAIN STREET FORM-BASED CODE 10.3 Awning Signs 10.0 NN Signage
Table 10.03- Awning Sign Requirements 10.3 AWNING SIGNS 1. Permitted Districts MS, TCC A. INTENT 3.0 sq. ft. of awning area / linear foot of primary facade bay 2. Awning Area A sign that is mounted, painted, or width, 300 sq. ft. max. area / sign otherwise applied on or attached to an 3. Sign Area up to 50% of the awning surface area may be used for signage awning. 4. Height 8’-0” min. vertical clearance above the ground plane 5. Location permitted on all facades B. REGULATIONS maximum projection from the building facade is determined Awning signs shall be developed by street frontage type, see Section 5.1-C-5 6. Placement according to the standards in Table shall not project within less than 2’-0” from the back of curb 10.03 and the encroachment regulations shall not overlap, block, or cover any window, door, or roof in Section 5.1-C-5. 1 max. / primary facade bay (cumulative across permitted sign 7. Quantity types) C. CALCULATION 8. Internal Illumination not permitted The area of the awning is defined as awning surface shall be made of canvas, metal, glass, or wood, the rectangular area of the building 9. Materials plastic is not permitted facade that is covered by the awning, i.e. all structural supports shall be made of metal or wood awning height x awning width. The sign area is a percentage of the surface area of the awning. The surface are is the total area of the sides and front of the awning, including both vertical and sloped or rounded parts of the awning. Sign area is calculated by drawing the smallest possible square or rectangle around the largest letters and/ or elements of the sign portion of the awning, as illustrated in the top image in Figure 10.05.
Figure 10.07 - Awning sign diagram. Figure 10.06 - Awning sign example No to scale.
MIDVALE MAIN STREET FORM-BASED CODE 89 10.0 NN Signage 10.4 hanging/Projecting Signs
10.4 HANGING/ Table 10.04 - Hanging / Projecting Sign Requirements PROJECTING SIGNS 1. Permitted Districts MS, TCC A. INTENT 1.5 sq. ft. of sign area / linear foot of primary facade bay width, 2. Sign Area 160 sq. ft. max. area / sign face A projecting sign is attached to and 8’-0” max. W x 20’-0” max. H, including sign faces(s) and all 3. Total Size projects from a building face or hangs support structures from a support structure that projects 4. Location permitted on all facades facing a public right-of-way from the building face. Sign faces are 10’-0” min. clearance above the ground plane typically perpendicular to the building shall not project further than 8’-0” from the building face face, but may be angled away from the 5. Placement shall not project within less than 2’-0” from the back of curb facade no less than 45 degrees. The sign faces and structural supports shall not extend above any sign may be vertically or horizontally eave or parapet oriented. 1 max. / primary facade bay (cumulative across permitted sign 6. Quantity types) B. REGULATIONS 7. Internal Illumination permitted for individual letters and logos Projecting signs shall be developed solid wood, metal, masonry, and glass are permitted according to the standards in Table plastic and synthetics are permitted only as separate 8. Materials 10.04. alphanumeric characters or logo elements Double sided signs are permitted. all structural supports shall be made of metal or wood No projecting signs shall be permitted on any facade facing an existing single family residential zone, except for iconic sign elements as approved by the city. Backlit box or cabinet signs are not permitted.
Figure 10.08 - Projecting sign diagram. Not to scale. Figure 10.09 - Projecting sign example
90 MIDVALE MAIN STREET FORM-BASED CODE 10.5 Monument Signs 10.0 NN Signage
Table 10.05 - Monument Sign Requirements 10.5 MONUMENT SIGNS 1. Permitted Districts TCC A. INTENT 2. Sign Area 50 sq. ft. max. area / sign face A monument sign is freestanding and 6’-0” H x 10’-0” W x 3’-0” W max. including sign face(s) and all 3. Total Size located in a front or side yard of a lot. support structures 4. Location primary street and side street BTZ B. REGULATIONS 1 max. / each street frontage Monument signs shall be developed 5. Placement when placed at the intersection of two street frontages, the according to the standards in Table sign shall not obstruct safety sight lines 10.05. 6. Quantity 1 max. / each street frontage Multiple tenant buildings on a lot with a 7. Internal Illumination permitted for individual letters and logos width of greater than 300’-0”, measured solid wood, metal, masonry, and glass are permitted across the front property line, may have plastic and synthetics are permitted only as separate 8. Materials signage with the following parameters: alphanumeric characters or logo elements all structural supports shall be made of metal or wood Up to two monument signs on one frontage. Signs shall be at least 150’-0” apart. Monument Signs may not be pole- mounted. Manually changeable text is not permitted for monument signs. May serve multiple purposes such as seating. If placed closer than 5’-0” from the front and corner side property lines, signs must meet clear view requirements. Double sided signs are permitted.
Figure 10.11 - Monument sign Figure 10.10 - Monument sign example diagram. Not to scale.
MIDVALE MAIN STREET FORM-BASED CODE 91 10.0 NN Signage 10.6 Freestanding Post Signs
10.6 FREESTANDING Table 10.06 - Freestanding Post Sign Requirements POST SIGNS 1. Permitted Districts MS, TCC A. INTENT 2. Sign Area 8 sq. ft. max. area / sign face 8’ -0” max. for signs mounted or hanging on a single pole Freestanding post signs are pedestrian 3. Height scale signage and may be mounted on 5’-0” max. for signs mounted on a double set of poles one or two poles. Three configurations 4. Pole Size 0’-4”x 0’-4” max. pole cross section are permitted: 5. Location primary street and side street BTZ pole setback 2’ -0” min. from right-of-way property lines A sign mounted onto a double set of 6. Placement property line overhangs are not permitted poles. 1 max. / primary facade bay (cumulative across permitted sign 7. Quantity A sign mounted on a single pole. types) 8. Internal Illumination not permitted A sign hanging from a single pole. solid wood, metal, masonry, and glass are permitted Other mounting may be allowed, plastic and synthetics are permitted only as separate 9. Materials subject to city approval. alphanumeric characters or logo elements B. REGULATIONS all structural supports shall be made of metal or wood Freestanding post signs shall be developed according to the standards in Table 10.06. Double sided signs are permitted.
Figure 10.12 - Freestanding post sign example
Figure 10.13 - Freestanding post sign diagrams. Not to scale.
92 MIDVALE MAIN STREET FORM-BASED CODE 10.7 Window Signs 10.0 NN Signage
10.7 WINDOW SIGNS Table 10.07 - Window Sign Requirements A. INTENT 1. Permitted Districts MS, TCC, A window sign is posted, painted, the maximum signage coverage for any continuous set of windows 25% placed, or affixed to or near the interior 2. Sign Area surface of a window for public viewing the maximum signage coverage for any individual window is 40% on the exterior of the window. Window 3. Height no max. or min. signs should be durable and adhered 4. Location permitted on all facades permanently to the interior surface. permitted on ground and upper story windows not occupied 5. Placement B. REGULATIONS by a residential use ground story: no maximum, determined by sign area Window signs shall be developed 6. Quantity according to the standards in Table upper stories: 1 individual window or continuous set of windows / tenant / floor 10.08. 7. Internal Illumination not permitted C. CALCULATION paint, wood, glass, plastic, metal, and other similar materials 8. Materials are permitted The total window area is a sum of the areas of individual windows and glass doors. A continuous set off windows is a group of one or more windows or glass doors that are separated by mullions or frames less than 0’-8” in width. To measure sign area percentage, divide the total sign area by the total window area. Window signs are not counted toward a site’s maximum signage allowance. Address and hours of operation signs are considered exempt and are not counted in the window sign area calculation. Temporary window signs shall be included in the total percentage of signage per window calculation. Window signs may not be internally illuminated. Neon (gas-discharge tube), LED screens and shapes, marquee signs, and other similar illuminated signs are not permitted.
Figure 10.14- Window sign example
MIDVALE MAIN STREET FORM-BASED CODE 93 11.0 NN Administration 11.1 GENERAL REQUIREMENTS
11.0 ADMINISTRATION
11.1 GENERAL approved and, upon completion, receive REQUIREMENTS a certificate of occupancy (provided all conditions are met) provided the INTENT following. This code intends to promote public 1. Work or construction is begun within health, safety, and general welfare of one year of the effective date of this the community, reflecting the goals code. established within the General Plan of 2. Work or construction continues the Midvale City and the Main Street diligently toward completion. Small Area Plan. This code intends to Non-conforming buildings that have increase conformity to the greatest been destroyed by natural causes may extent possible. be replaced to their original condition 11.2 SCOPE OF within one year of casualty. REGULATIONS D. NON-CONFORMANCE A. NEW DEVELOPMENT After the effective date of this code, existing buildings and uses that do not All development, construction, and comply with the regulations of this code establishment of uses within the limits shall be considered non-conforming of this code occurring after the effective and are subject to the standards of this date of this code shall be subject to all code. applicable regulations of this code. Nonconformity means not conforming B. RENOVATED STRUCTURES with the City’s current zoning All building renovations affecting a regulations. There are two types of change of use greater than 25% gross nonconformity: square footage of a structure within the 1. Legal nonconformities were limits of this code shall be subject to all permitted and conforming when applicable regulations of this code. they were established but have become nonconforming due to a C. IN-PROCESS DEVELOPMENT zoning regulation change. Where a building permit for a 2. Illegal nonconformities were development has been applied for not permitted when they were in accordance with the prior law in established and/or are a result of advance of this code’s effective date, a non-permitted nonconforming said development may comply with change. the plans from which the permit was
94 MIDVALE MAIN STREET FORM-BASED CODE 11.2 Scope of Regulations 11.0 NN Administration
Municipal nonconformity regulations 2. Nonconformity regulations define how legal nonconformities are GENERAL PROVISIONS addressed after a zoning regulation Any nonconforming lot, use, structure, or sign that was lawfully established change. The adoption of an FBC Permissions before the FBC was implemented may continue as long as the nonconformity remains legal and complies with all other FBC nonconformity requirements will create legal nonconformities so 1. Any rights conferred on a nonconformity remain with the property and are these nonconformity regulations are Administration not affected by changes in tenancy or ownership very important for current property 2. The burden of establishing the existence of a conformity prior to the FBC owners and all future changes to implementation is on the applicant nonconformities within the FBC area. 3. If there is a question about the existence of legal nonconformities should be determined by the community development director with the option to DEFINITIONS appeal to the hearing officer following the standard appeals process. Permission: Permitted changes that 1. Any state or federal regulations that apply within the FBC area, and are in Limitations conflict with the FBC regulations, will supersede the FBC regulations require no remedy 2. Any lot, use, structure, or sign that was illegal prior to the FBC Limitation: Limitations placed on implementation remains illegal if it does not conform to the FBC permissions 3. Nonconformity regulations apply to all projects that were submitted for Trigger: A change that requires a approval before the FBC implementation date. All projects submitted after the FBC implementation date must meet the FBC requirements. specific remedy 4. If any portion of the FBC is judged invalid by a jurisdictional court, that Remedy: The remedy required by a judgment shall not affect the remaining portions of the FBC specific trigger USES Exemption: Conditions in which the 1. An existing nonconforming use may be extended to the entire floor area of Permissions the building in which it was operated at the creation of the nonconformity trigger does not require a remedy 2. Structures containing nonconforming uses may be altered per the Abandoned: A use, structure, or sign nonconforming structure requirements that has not been continuously and 3. If a structure containing a nonconforming use is damaged or destroyed the actively operated or used for a period nonconforming use may be reestablished at the same scale as it operated prior to the destructive event. of 12 months, or more, from the time 1. Nonconforming uses may not be expanded to additional parcels where the that the use, structure, or sign became Limitations nonconforming use was not operated prior to the FBC implementation nonconforming, regardless of intent to 2. An existing nonconforming use may not be changed to a different resume operation nonconforming use Change of Use: An existing 3. When a nonconforming use transitions to a conforming use, it shall not be nonconforming use that has been changed back to any nonconforming use terminated and replaced by another Trigger 1 A nonconforming use is abandoned use. Any change of use in violation Remedy 1 Any future use must be a conforming use of the FBC is deemed an immediate abandonment of the nonconforming use.
MIDVALE MAIN STREET FORM-BASED CODE 95 11.0 NN Administration 11.2 Scope of Regulations
E. EXEMPT ACTIVITIES STRUCTURES The following activities are 1. Nonconforming structures may be altered if the alteration is required by Permissions exempt from the administrative law to restore the structure to a safe condition 2. Nonconforming structures may be altered if the alteration: is routine repair requirements: or maintenance; eliminates a nonconformity; does not expand an existing 1. Building permits may still be required nonconformity; does not create a new nonconformity under building code. 3. Nonconforming structures and parking lots may be expanded if the expansion is conforming or increases the overall conformity of the property 2. Ordinary repairs for the purpose of regular building, signage, lighting or 4. In the event damage or destruction to a nonconforming structure which is damaged or destroyed by fire, earthquake, or other calamity beyond the site maintenance. control of the owner, the building may be reconstructed or repaired to the 3. Replacement of existing windows, conditions which existed prior to the casualty, provided the structure or structures existed as legally established structures. All such construction or doors, or fixtures that do not change repairs shall be started within twelve (12) months from the date of damage the transparency percentage of the and shall be diligently pursued to completion. building. 5. Existing nonconforming structure facades may be altered if the modifications do not increase the amount of nonconformity 4. Interior construction that does not result in change of use and is If a nonconforming structure is damaged or destroyed, all permits for not visible from the exterior of the rebuilding, restoration, or repair must be granted within one year of Limitations the damage or destruction. If the applicant requests an extension, the building. community development director may grant no more than one extension 5. Emergency repairs ordered by any not to exceed one year in length. city official in order to protect health Trigger 1 The relocation of a nonconforming structure and safety. The structure fully complies with the current zoning regulations of the parcel Remedy 1 to which it is moved F. APPEALS All permits for the rebuilding, restoration, or repair of a damaged or destroyed Trigger 2 nonconforming structure are not granted within one year of the damage or All city decisions which interpret destruction and no extension period is granted or administer this chapter may be The structure may be rebuilt, restored, or repaired only if it conforms to the Remedy 2 appealed to the Planning Commission FBC requirements within ten days of final action by filing notice of appeal with the community and economic development department. Following final action by the Planning Commission, any person with standing to challenge the decision may, within ten days of the final action, appeal the decision to the Appeal Authority following the process defined in Section 17-3-14 of this Title.
96 MIDVALE MAIN STREET FORM-BASED CODE 11.3 Minor Modifications to a Site Plan 11.0 NN Administration
11.3 MINOR MODIFICATIONS TO A SITE PLAN The Community Development Director may approve minor modifications to an approved site plan. Modifications may be evaluated through a letter of application and the provision of the reasoning behind the request. Such requests may be made for: 1. Minor modifications to proposed landscaping plans, pursuant to the modification standards established. 2. Minor modifications to buildings, including setbacks and materials, pursuant to the modification standards. (a) Building materials that reflect the intent of the original material. (b) The City may modify the requirements of this chapter where full compliance is impossible due to the existing site or building conditions. 3. Minor modifications to parking requirements, pursuant to the development of an alternative parking plan.
MIDVALE MAIN STREET FORM-BASED CODE 97 NN Glossary of Terms 12.0
12.0 GLOSSARY OF TERMS
1. GRAPHICS 7. Block Ends. The lots located on the end of a block; these The graphics, tables, and text utilized throughout this lots are often larger than the lots in the interior of code are regulatory. In case of a conflict, text shall control the block or those at the opposite end of the block over tables and graphics and tables shall control graphics. and can be located on a more intense street type. They are typically more suitable for more intensive 2. DEFINITION OF USES development, such as multiple family or mixed use The meaning and usage of terminology is not universal. development. Some of the terms in this FBC are used differently in other 8. Block Face. The aggregate of all the building facades on contexts. The definitions provided in this FBC are specific one side of a block. to how they are used within the FBC. These definitions are not subject to multiple interpretations and shall not be 9. Block Length. A block measurement that is the altered. When a definition is not provided herein, Chapter horizontal distance along the front property lines of 2 of the Midvale City Municipal Code shall be used. the lots comprising the block. 10. Build-to-Zone. An area in which the front or corner 3. DEFINED TERMS side facade of a building shall be placed; it may or For the purposes of this code, the following terms shall may not be located directly adjacent to a property have the following meanings. line. The zone dictates the minimum and maximum 1. Animal. All non-human members of the animal distance a structure may be placed from a property kingdom, including domestic and livestock species. line. Refer to Figure 12.5 (2) Build-to Zone vs. Setback Line. 2. Applicant. The owner of a subject property or the authorized representative of the owner on which a 11. Building Type. A structure defined by the land development application is being made. combination of configuration, form, and function. Refer to 5.0 Building Types for more information and 3. Assembly. A facility that has organized services, the list of permitted Building Types. meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the 12. Cannabis Cultivation Facility means a person or entity community in a public or private setting. Assembly that includes such uses as a community center, house of (a) possesses cannabis; worship, and private clubs and lodges. (b) grows or intends to grow cannabis; and 4. Auto-related use means an establishment primarily (c) sells or intends to sell cannabis to a cannabis engaged in the sale or rental of goods, merchandise, cultivation facility or to a cannabis processing facility. and services related to vehicles, such as repair, body work, painting, detailing, vehicle and vehicle-related 13. Cannabis Processing Facility means a person or entity equipment sales. These uses do not include auto that: dismantling, salvage, junkyards, and similar uses. (a) acquires or intends to acquire cannabis from a 5. Block. The aggregate of lots, passages, lanes, and cannabis production establishment or holder of an alleys bounded on all sides by streets. industrial hemp processor license; 6. Block Depth. A block measurement that is the (b) possesses cannabis with the intent to manufacture horizontal distance between the front property line a cannabis product; on a block face and the front property line of the (c) manufactures or intends to manufacture a cannabis parallel or approximately parallel block face. product from unprocessed cannabis or a cannabis extract; and
98 MIDVALE MAIN STREET FORM-BASED CODE NN Glossary of Terms 12.0
(d) sells or intends to sell a cannabis product to a developed with principal or accessory structures and medical cannabis pharmacy or the state central fill impervious surfaces, such as driveways, sidewalks, medical cannabis pharmacy. and patios. 14. Cannabis Product means a product that: 22. Craftsman Use. See “Industrial/Craftsman”. (a) is intended for human use and 23. Critical Root Zone. Also referred to as drip line. The (b) contains cannabis or tetrahydrocannabinol. area of soil and roots within the radius beneath the tree’s canopy, within the dripline, or within a circular 15. Cannabis Production Establishment means a cannabis area of soil and roots with a radius out from the trunk cultivation facility, a cannabis processing facility, or an a distance of 1.5 feet for every inch of the tree’s width independent cannabis testing laboratory. (measured at 4.5 feet above the mean grade of the 16. Carport/ Storage Building means a private garage not tree’s trunk, noted as diameter breast height or DBH completely enclosed by walls or doors. throughout this code). 17. Clinic means a building or portion of a building 24. Dedication. The intentional appropriation of land containing an office or offices of medical doctors, by the owner to the City for public use and/or dentists, psychiatrists, chiropractors, physical ownership. therapists and other members of the medical 25. Density. The number of dwelling units located in an profession which provide facilities and services area of land, usually denoted as units per acre. for outpatient care, diagnosis, treatment, and observation of individuals suffering from illness, injury 26. Drive-through restaurant means a restaurant that or other conditions requiring medical, surgical or includes a window or similar feature which allows therapeutic services. This definition does not include food to be ordered and taken from the premises for facilities providing patient beds for overnight care. consumption elsewhere without leaving a vehicle. 18. Community Location includes: 27. Dwelling Unit. A room or group of rooms connected together that include facilities for living, sleeping, • a public or private kindergarten, elementary, cooking, and eating that are arranged, designed, or middle, junior high, or high school; intended to be used as living quarters for one family, • a licensed child-care facility or preschool; whether owner occupied, rented, or leased. • a trade or technical school; 28. Easement. A legal interest in land, granted by the • a church; owner to another person or entity, which allows for the use of all or a portion of the owner’s land for such • a public library; purposes as access or placement of utilities. • a public playground; 29. Eave. The edge of a pitched roof; it typically • a public park; overhangs beyond the side of a building. • a youth center or other space used primarily for 30. Entrance Type. The permitted treatment types of the youth-oriented activities; ground floor Facade of a Building Type. Refer to 6.9 for more information and a list of permitted Entrance • a public recreational facility; Types. • a public arcade 31. Expression Line. An architectural feature. A decorative, • a homeless shelter three dimensional, linear element, horizontal or 19. Courtyard. An outdoor area enclosed by a building on vertical, protruding or indented at least two inches at least two sides and is open to the sky. from the exterior facade or a building typically utilized to delineate floors or stories of a building. 20. Coverage, Building. The percentage of a lot developed with a principal or accessory structure. 32. Facade. The exterior face of a building, including but not limited to the wall, windows, windowsills, 21. Coverage, Impervious Site. The percentage of a lot
MIDVALE MAIN STREET FORM-BASED CODE 99 NN Glossary of Terms 12.0
doorways, and design elements such as expression on that Lot. Refer to 2.0 Form Districts for more lines. The front facade is any building face adjacent to information and a list of permitted Form Districts. the front property line. 36. Grade. The average level of the finished surface of 33. Family. Family is defined as one of the following. the ground story adjacent to the exterior walls of a (a) Two or more persons, each related to the other building. by blood, marriage, or adoption together with 37. Gross Floor Area. The sum of all areas of a building, usual domestic servants and not more than one including accessory storage areas or closets within bona fide guest, all living together as a common sales spaces, working spaces, or living spaces and household unit. any basement floor area used for retailing activities, (b) Up to three persons all of whom are not the production or processing or goods, or business necessarily related to each other by blood, offices. It shall not include attic space having marriage, or adoption, and their children living headroom of seven feet or less and areas devoted together as a common household unit. primarily to storage, balconies, off-street parking and (c) For the purposes of this code, an unrelated loading areas, enclosed porches, roof decks, roof family shall not include persons living together in gardens, or basement floor area other than specified a residential care home or transitional treatment above. facility in accordance with the requirements of this code. 38. Home Occupation. An occupational use that is clearly subordinate to the principal use as a residence and 34. Fire. See “Police and Fire”. does not require any alteration to the exterior of a 35. Form District. A designation given to each lot within building. the city that dictates the standards for development 39. Hotel & Inn. A facility offering temporary or
street
Corner Property Line
Corner Lot Interior Lot Corner Lot Rear Property Line Front Property Line Side Property Line
Interior Lot Flag Lot Through Lot street street Lot Depth Lot
Figure 12.5 (1). Lots.
100 MIDVALE MAIN STREET FORM-BASED CODE NN Glossary of Terms 12.0
permanent lodging to the general public consisting of sleeping rooms with or without in-room kitchen facilities. Secondary service uses may also be provided, such as restaurants and meeting rooms. Rooms shall be accessed from the interior of the building. Bed and Breakfasts are permitted. 40. Impervious Surface. Also referred to as impervious material. Any hard surface, man-made area that does not absorb water, including building roofs, sidewalks, parking, driveways, and other paved surfaces.
41. Independent Cannabis Testing Laboratory means a person Setback or entity that: (a) conducts a chemical or other analysis of cannabis or a cannabis product; or (b) acquires, possesses, and transports cannabis or a cannabis product with the intent to conduct a chemical or other analysis of the cannabis or cannabis product. Setback street
42. Industrial/Craftsman Use. A use involving small scale street manufacturing, production, assembly, and/or repair street with little to no noxious by-products, that includes a showroom or small retail outlet. Figure 12.5 (2). Setback Line vs. Build-to Zone. (a) These uses may also include associated facilities such as offices and small scale warehousing, but distribution is limited. (b) The maximum overall gross floor area is limited to Build-to Zone Setback 20,000 square feet, unless otherwise noted. (c) Outdoor activities and storage of goods are not permitted. 43. Itinerant merchant. Any person who engages in a temporary business of selling or offering to sell any goods, wares, merchandise or services from a stand, cart, tent or Rear Yard other structure not permanently affixed to real property. 44. Landscape Area. Area on a lot not dedicated to a structure, parking or loading facility, frontage buffer, side and rear buffer, or interior parking lot landscaping. Corner Side Yard Side Yard
45. Library/Museum/Post Office. Libraries and museums street are open to the general public for housing educational, cultural, artistic, or historic information, resources, and exhibits. May also include food service and a gift shop. A post office is a publicly accessed facility for the selling of supplies and mail related products and the small scale collection and distribution of mail and packages. Large- scale postal sorting and distribution is not permitted. Figure 12.5 (3). Yards.
MIDVALE MAIN STREET FORM-BASED CODE 101 NN Glossary of Terms 12.0
46. Lot. Also referred to as parcel. A plot of land intended (ii) possesses cannabis in a medicinal dosage form, to be separately owned, developed, or otherwise a cannabis product in a medicinal dosage form, or a used as a unit. A lot may consist of one or many medical cannabis device; and parcels. Most of the regulations in this FBC apply to (b) sells or intends to sell cannabis in a medicinal the lot rather than the parcel. Refer to Figure 12.5 (1) dosage form, a cannabis product in a medicinal Lots. dosage form, or a medical cannabis device to a (a) Projects that are developed in phases shall medical cannabis cardholder. be considered one lot if only one permitting 55. Medical/Dental Clinic: A facility or institution, whether application process is required and 2 or public or private, principally engaged in providing more lots if 2 or more permitting application services for health maintenance and the treatment of processes are required. mental or physical conditions. 47. Lot, Corner. A parcel of land abutting at least two 56. Museum. See “Library/Museum/Post Office”. vehicular rights-of-way, excluding an alley, at their intersection. Refer to Figure 12.2 (1) Lots. 57. Nonconformance. A structure, use, lot, or site characteristic that was legally constructed or 48. Lot, Flag. A parcel of land having its only access to the operated prior to the effective date of or Amendment adjacent vehicular right-of-way, excluding an alley, to this code, but that cannot be constructed, platted, through a narrow strip of land. Refer to Figure 12.5 (1) or operated after the effective date of or Amendment Lots. to this code. 49. Lot, Interior. A parcel of land abutting a vehicular 58. Occupied Space. Interior building space regularly Right-of-Way, excluding an Alley, along one (1) occupied by the building users. It does not include Property Line; surrounded by Lots along the storage areas, utility space, or parking. remaining Property Lines. 59. Office/Professional. A category of uses for businesses 50. Lot, Through. Also referred to as a double frontage lot. that involve the transaction of affairs of a profession, An interior lot having frontage on two approximately service, industry, or government. Patrons of these parallel vehicular rights-of-way, excluding an alley. businesses usually have set appointments or meeting Refer to Figure 12.5 (1) Lots. times; the businesses do not typically rely on walk-in 51. Lot Area. The computed area contained within the customers. Open Space. A use of land for active or property lines; it is typically denoted in square feet or passive, public or private, outdoor space, including acres. such uses as parks and town squares. See Section 52. Lot Depth. The smallest horizontal distance between 7.0. Open space uses may also be utilized to host the Front and Rear Property Lines measured temporary private or community events, such as a approximately parallel to the Corner and/or Side farmer’s market or art fair. Property Line. Refer to Figure 12.5 (1) Lots. (a) Parking lots are not permitted in open space in 53. Lot Frontage. The horizontal distance between the any district. Side Property Lines, measured at the Front Property (b) Open space that incorporates stormwater Lines. Refer to Figure 12.5 (1) Lots. management on a site or district scale is 54. Medical Cannabis Pharmacy means a person or entity encouraged. that: (i) Stormwater facilities shall be designed to (i) acquires or intends to acquire accommodate additional uses, such as an amphitheater or a sports field. (A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form from a (ii) Stormwater facilities shall be designed not cannabis processing facility; or to be fenced and shall not impede public use of the land they occupy (B) a medical cannabis device; or
102 MIDVALE MAIN STREET FORM-BASED CODE NN Glossary of Terms 12.0
(c) An open space may include small scale food and beverage service use, no more than 200 square feet in space, located in a kiosk, with no service access. (d) Buildings located directly adjacent to an open space use shall treat facades facing this use with primary street facade requirements. 60. Open Space, minimum access. This requirement ensures access and visibility for the open space. It is described in two ways: (a) The percentage of the total perimeter that must be adjacent to a public right-of-way. (b) The minimum number of and/or spacing between access points into the open space. 61. Open Space Type. The permitted and regulated types of open spaces in this code. Refer to 7.0 Open Space Types for more information and a list of the permitted types. 62. Open Water. A pond, lake, reservoir, or other water feature with the water surface fully exposed. 63. Owner. The legal or beneficial title-holder of land or holder of a written option or contract to purchase the land. 64. Parcel. A tract of land that is specifically defined in legal terms for both taxation and ownership purposes. It is the smallest portion of land that may be defined in this way. Figure 12.6. Measuring Transparency. 65. Parking Lot. An uncovered paved surface used solely for the parking of vehicles. Parking lot locations are regulated by frontage type. 66. Parking Structure, Attached. A structure used solely for the parking of vehicles, intended for use by the occupants in an adjacent building on the same lot. Parking Structures within the buildings are regulated per building type. 67. Parking Structure, Detached. A shared parking structure owned by the city, a parking district, a government agency, or other public entity intended to accommodate public and leased parking. 68. Pedestrianway. A pathway designed for use by pedestrians; it can be located mid-block allowing pedestrian movement from one street to another without traveling along the block’s perimeter.
MIDVALE MAIN STREET FORM-BASED CODE 103 NN Glossary of Terms 12.0
69. Pervious Surface. Also referred to as pervious material. line separates lots from one another or separates a lot A material or surface that allows for the absorption from an alley. Refer to Figure 12.5 (1) Lots. of water into the ground or plant material, such as 79. Property Line, Side. The boundary of a lot that is permeable pavers or a vegetated roof. approximately perpendicular to the front and rear 70. Plat. A map or chart of a division and/or combination property lines; it is not adjacent to the public right-of- of lots. way. Refer to Figure 12.5 (1) Lots. 71. Police and Fire. A facility providing public safety and 80. Residential. Facilities in which people reside. Often emergency services; training facilities, locker rooms, called “housing”, this includes several different and limited overnight accommodations may also be building types and configurations of dwelling units included. Police and fire facilities require a special use meant for individuals and groups of people, such as a permit. The facilities shall be housed in a permitted family. Units are typically occupied for long periods of building, but shall have the following additional time and may be leased or owner-occupied. allowances: 81. Residential Care. A facility offering temporary or (a) Garage doors are permitted on the front facade. permanent lodging to the general public consisting (b) Exempt from maximum driveway widths. of an unlimited number of sleeping rooms with or without in-room kitchen facilities. Residential care 72. Post Office. See “Library/Museum/Post Office”. includes such uses as independent and assisted living 73. Primary Street. A street designated on the Zoning facilities, nursing homes, and residential care homes. Map that receives priority over other streets in terms Assistance with daily activities may be provided of setting front property lines and locating building for residents. Secondary service uses may also be entrances. provided, such as restaurants and meeting rooms. 74. Professional. See “Office/Professional”. Rooms shall be accessed from the interior of the building. 75. Property Line. Also referred to as lot line. A boundary line of a parcel of land or lot. Refer to Figure 12.5 (1) 82. Retail, General. Retail uses occupying a space larger Lots. than 12,000 square feet, and engaged in selling goods or merchandise to the general public for 76. Property Line, Corner. A boundary of a lot that is personal or household consumption and rendering approximately perpendicular to the front property services incidental to the sale of such goods, line and is directly adjacent to a public Right-of-Way, including, but not limited to, convenience stores, other than an alley or railroad. Refer to Figure 12.5 (1) department stores, grocery stores, hobby shops, etc. Lots. 83. Retail, Neighborhood. Retail uses occupying a space 77. Property Line, Front. The boundary abutting a right- smaller than 12,000 square feet, and engaged of-way, other than an Alley, from which the required in selling goods or merchandise to the general setback or build-to zone is measured, with the public for personal or household consumption and following exceptions. rendering services incidental to the sale of such (a) Corner and Through Lots that abut a Primary goods, including, but not limited to, convenience Street shall have the front property line on that stores, department stores, grocery stores, hobby Primary Street. shops, etc. (b) Corner and Through Lots that abut two Primary Streets or do not abut a Primary Street shall 84. Retail Tobacco Specialty Business means a utilize the orientation of the two directly commercial establishment in which: adjacent lots, or shall have the front property line • the sale of tobacco products accounts for more determined by the City planning staff. than 35% of the total quarterly gross receipts for 78. Property Line, Rear. The boundary of a lot that is the establishment; approximately parallel to the front property line; this • 20% or more of the public retail floor space
104 MIDVALE MAIN STREET FORM-BASED CODE NN Glossary of Terms 12.0
is allocated to the offer, display, or storage of 92. Setback. The horizontal distance from a property tobacco products; line inward, beyond which a structure may be • 20% or more of the total shelf space is allocated to placed. Structures or other impervious surfaces are the offer, display, or storage of tobacco products; not permitted within a setback, unless specifically or permitted in this code. Refer to Figure 12.5 (2) Build- to Zone vs. Setback Line. • the retail space features a self-service display for tobacco products. 93. Sexually oriented business means nude entertainment businesses, sexually oriented outcall 85. Right-of-Way. Land dedicated or utilized for a Street services, adult businesses, seminude dancing bars Type, trail, pedestrianway, utility, railroad, or other and seminude dancing agencies. similar purpose. 94. Sign. An object, device, or structure used to advertise, 86. Roof Type. The detail at the top of a building that identify, display, direct, or attract attention to an finishes a Facade, including a pitch roof with various object, person, institution, organization, business, permitted slopes and a parapet. Refer to 6.10 for product, service, event, or location by such means as more information and a list of the permitted Roof words, letters, figures, images, designs, symbols, or Types. colors. Flags or emblems of any nation, state, city, or 87. Scale. The relative size of a building, street, sign, or organization; works of art which in no way identify other element of the built environment. a product; and athletic field score boards are not 88. School. An education facility with classrooms and considered signs. offices, that may also include associated indoor 95. Solar Reflectance Index (SRI). A measure of a facilities such as ball courts, gymnasium, theater, and constructed surface’s ability to reflect solar heat, as food service. shown by a small temperature rise. The measure 89. Service, General. Service uses occupying a space utilizes a scale from 0 to 100 and is defined so that larger than 12,000 square feet and are primarily a standard black surface is 0 and a standard white engaged in providing assistance, as opposed surface is 100. To calculate for a given material, obtain to products, to individuals, business, industry, the reflectance value and emittance value for the government, and other enterprises, including, but material; calculate the SRI according to ASTM E 1980- not limited to, entertainment uses, repair of small 01 or the latest version. goods and electronics (not including vehicles), home 96. Story. A habitable level within a building measured furniture, restaurants, etc. from finished floor to finished floor. 90. Service, Neighborhood. Service uses occupying 97. Story, Ground. Also referred to as ground floor. The a space smaller than 12,000 square feet, are first floor of a building that is level to or elevated primarily engaged in providing assistance, as above the finished grade on the front and corner opposed to products, to individuals, business, facades, excluding basements or cellars. industry, government, and other enterprises, 98. Story, Half. A story either in the base of the building, including, but not limited to, entertainment uses, partially below grade and partially above grade, or a repair of small goods and electronics (not including story fully within the roof structure with transparency vehicles), home furniture, restaurants, etc. Multiple facing the street. neighborhood service uses can be aggregated in one development. 99. Story, Upper. Also referred to as upper floor. The floors located above the ground story of a building. 91. Semi-Pervious Surface. Also referred to as semi- pervious material. A material that allows for at least 100. Street Face. The facade of a building that faces a 40% absorption of water into the ground or plant public right-of-way. material, such as pervious pavers, permeable asphalt 101. Street Frontage. Also refer to lot frontage. The portion and concrete, or gravel. of a building or lot directly adjacent to a vehicular
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right-of-way. story. 102. Street Type. The permitted and regulated types of 110. Tree Canopy. The uppermost area of spreading streets in this code. Refer to 4.0 Street Types for more branches and leaves of a tree. information and a list of the permitted Street Types. 111. Tree Canopy Coverage. The area of ground covered or 103. Streetwall. The vertical plane created by building shaded by a tree’s canopy, measured in square feet. facades along a street. A continuous streetwall occurs 112. Use. Also referred to as land use. A purpose or activity when buildings are located in a row next to the that may occur within a building or a lot. sidewalk without vacant lots or significant setbacks. 113. Use, Accessory. A use customarily, incidental, and 104. Structure, Accessory. The general term for a subordinate to the principal use or structure and subordinate structure detached from, but located on located on the same lot with such principal use or the same Lot as the Principal Structure; it may or may structure. not be inhabitable. 114. Use, Principal. The specific, primary purpose for which 105. Structure, Principal. Also referred to as the principal a lot or building is utilized. building. A building that contains the dominant Use of the Lot. It is typically located toward the front of 115. Utility/ Infrastructure. A lot that is primarily utilized the Lot in the front Build-to Zone or behind the Front for the City’s infrastructure needs. Utility and Yard Setback. infrastructure includes such uses as electric or gas services, sewage treatment, water treatment and 106. Swale. A low lying, naturally planted area with gradual storage, and energy conversion systems. slopes that facilitate the transport, absorption, and/or filtration of stormwater. 107. Tobacco Product means: • Any cigar, cigarette, or electronic cigarette, • a tobacco product, including: (A) chewing tobacco; or (B) any substitute for a tobacco product, including flavoring or additives to tobacco; and • Tobacco paraphernalia. 108. Transit Station. A covered passenger boarding and alighting facility for a bus or other transit mode. 109. Transparency. Minimum Ground Story and Upper Floor. Refer to Figure 12.6 Measuring Transparency. The minimum amount of transparency required on street facades with street frontage. (a) Transparency is any glass in windows and/ or doors, including any mullions, that is highly transparent with low reflectance. (i) Ground Story Transparency, when defined separately from the overall minimum transparency, shall be measured between two Figure 12.7 - Minimum dimension measurement examples feet and eight feet from the average grade at 116. Visible Basement. A half story partially below the base of the front facade. grade and partially exposed above with required (ii) A general Minimum Transparency requirement transparency on the street facade. shall be measured from floor to floor of each 117. Water Body. A body of water, such as a river, pond, or
106 MIDVALE MAIN STREET FORM-BASED CODE NN Glossary of Terms 12.0
lake that may be man-made or naturally occurring. 118. Yard. The space on a lot which is unoccupied and unobstructed from the ground to the sky by the principal structure. Lots without a structure do not have yard designations. Refer to Figure 12.5 (3) Yards. 119. Yard, Corner Side. A yard extending from the corner side building facade along a corner side property line between the front yard and rear property line. 120. Yard, Front. A yard extending from the front facade of the principal structure along the full length of the front property line, between the side property lines or side and corner side property lines. Figure 12.5 (3) Yards. 121. Yard, Rear. A yard extending from the rear building facade along the rear property line between the side yards or, on a corner lot, the corner side and side yards. Figure 12.5 (3) Yards. 122. Yard, Side. A yard extending from the side building facade along a side property line between the front yard and rear property line. Figure 12.5 (3) Yards.
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MIDVALE TOWN CENTER: FORM-BASED CODE WORKSHEET MIDVALE, UTAH
MIDVALE MAIN STREET FORM-BASED CODE 1 NN Form-Based Code Worksheet midvale, utah
13.0 FORM-BASED CODE WORKSHEET
Please fill in the charts below with the Please contact the following people specific details about the proposed with any questions about the FBC: project. Planning staff will determine Lesley Burns, City Planner if this project is compliant with the [email protected] 801-567-7229 Midvale Town Center Form-Based Alex Murphy, Associate Planner Code. If this project does not meet the [email protected] 801-567-7231 minimum requirements, please provide a detailed explanation of the non- compliance. The table and diagram to the left 13.01.
Table 13.01- Form Requirement Link and Tables Guide TYPE TABLES LINKS Building Tables 6.02-6.05 1, 2, 3, 4 Use Table 3.01 5 Signage Tables 10.02-10.07 6
1. PROJECT INFORMATION
1. SITE ADDRESS
2. SITE Form District: Corner Lot (Select): Yes No CHARACTERISTICS Frontage Type:
3. BUILDING Storefront General Stoop Limited Bay TYPE(S) (SELECT) Row Civic
4. LOT SIZE AND DIMENSIONS
5. EXISTING CONDITIONS
2 MIDVALE MAIN STREET FORM-BASED CODE midvale, utah NN Form-Based Code Worksheet
2. PUBLIC SPACE STANDARDS A. STREETS STAFF COMMENTS
1. STREET TYPE(S) Main Street Major Commercial (SELECT) Minor Commercial
2. PROPOSED STREET(S) (IF ANY)
3. ACTIVE TRANSPORTATION COMPONENTS
B. CIVIC SPACE STAFF COMMENTS
4. REQUIRED OPEN Percentage: Total Area (square feet): SPACE
5. CIVIC SPACE Linear Greenway Public Square Public Park TYPE(S) (SELECT) Pocket Park Active Streetscape
6. DIMENSIONS AND ADJACENT PARCELS
7. DESCRIPTION OF IMPROVEMENTS
MIDVALE MAIN STREET FORM-BASED CODE 3 NN Form-Based Code Worksheet midvale, utah
C. LANDSCAPING STAFF COMMENTS
1. LANDSCAPE Parking Lot Buffer Parking Lot Interior TYPE(S) (SELECT) Side and Rear Lot Buffer
2. LOCATION WITHIN THE SITE
3. DIMENSIONS
4. VEGETATION TYPES/SPACING/ COVERAGE %
3. BUILDING FORM STANDARDS A. BUILDING USE STAFF COMMENTS
1. GROUND FLOOR
2. UPPER FLOOR(S)
3. PARKING WITHIN Yes No BUILDING (SELECT)
4. INTERIOR OCCUPIED SPACE Primary Street: Side Street (if any): DISTANCE (FEET)
4 MIDVALE MAIN STREET FORM-BASED CODE midvale, utah NN Form-Based Code Worksheet
B. BUILDING SITING STAFF COMMENTS
5. OCCUPYING Yes No CORNER (IF ANY)
6. PRIMARY STREET SETBACK (FEET)
7. SIDE STREET SETBACK (IF ANY) (FEET)
8. SIDE SETBACK (FEET)
9. REAR SETBACK (FEET)
10. ACCESSORY STRUCTURES (IF Yes No Quantity: ANY)
11. PARKING Rear Yard Side Yard LOCATION (SELECT)
12. SERVICE ENTRANCE Rear Yard Side Yard LOCATION (SELECT)
13. VEHICULAR Type: Location: ACCESS
14. SCREENING Type: Length (feet): REQUIREMENT C. BUILDING HEIGHT STAFF COMMENTS
15. PRINCIPAL Number of Above Ground Stories: BUILDING HEIGHT
16. ACCESSORY Number of Above Ground Stories (if any): BUILDING HEIGHT
17. GROUND FLOOR HEIGHT (FEET)
18. UPPER FLOOR HEIGHT(S) (FEET)
MIDVALE MAIN STREET FORM-BASED CODE 5 NN Form-Based Code Worksheet midvale, utah
D. BUILDING FACADE STAFF COMMENTS
19. PRIMARY Storefront Arcade ENTRANCE TYPE Stoop Porch
20. FACADE WIDTH (FEET)
21. VERTICAL Number of bays: Bay Width(s) (feet): ARTICUL. (IF ANY)
22. STREET SIDE Quantity: ENTRANCES
23. ENTRANCE SPACING (FEET)
24. GROUND FLOOR Percentage: TRANSPARENCY
25. UPPER FLOOR Percentage: TRANSPARENCY
26. BLANK WALL Yes No LIMITATION MET E. BUILDING PROJECTIONS STAFF COMMENTS
27. PRIMARY Quantity: Type: Distance (feet): STREET
28. SIDE STREET (IF Quantity: Type: Distance (feet): ANY) F. ROOF STAFF COMMENTS
29. ROOF TYPE Parapet Pitched Flat (SELECT)
30. TOWER Yes No
6 MIDVALE MAIN STREET FORM-BASED CODE midvale, utah NN Form-Based Code Worksheet
G. PARKING NUMBER OF SPACES STAFF COMMENTS
1. REQUIRED SPACES
2. PROVIDED SPACES
3. PARKING REDUCTION TYPE (IF ANY)
PARKING LOT SITING STAFF COMMENTS
4. PRIMARY STREET SETBACK (FEET)
5. SIDE STREET SETBACK (IF ANY) (FEET)
6. SIDE SETBACK (FEET)
7. REAR SETBACK (FEET) DRIVEWAYS STAFF COMMENTS
8. NUMBER OF DRIVEWAYS
9. DRIVEWAY WIDTH(S) (FEET)
10. LOCATION(S) Side Rear Front (SELECT) MISCELLANEOUS STAFF COMMENTS
11. PLAN FOR ON SITE STORMWATER MANAGEMENT
MIDVALE MAIN STREET FORM-BASED CODE 7 NN Form-Based Code Worksheet midvale, utah
H. ADDITIONAL DESIGN STANDARDS STAFF COMMENTS
1. EXTERIOR MATERIALS AND COLORS (PERCENTAGES FOR EACH)
2. AWNING AND SHUTTER MATERIALS (IF ANY)
3. CORNER TREATMENT (IF ANY)
4. BALCONY DIMENSIONS (IF ANY) (FEET)
5. FACADE DIVISIONS OR FENESTRATION DESCRIPTION
6. METERS AND EQUIPMENT LOCATION(S)
7. VISITABILITY Yes No REQUIREMENTS MET
8. AMENITIES DESCRIPTION
G. SIGNAGE STAFF COMMENTS
1. SIGN TYPE(S)
2. SIGNAGE CALCULATIONS
8 MIDVALE MAIN STREET FORM-BASED CODE
7505 South Holden Street Midvale, Utah 84047 Phone (801) 567-7200 Fax (801) 567-0518
Memorandum
Date: August 8, 2019 To: Midvale Planning Commission From: Alex Murphy, Associate Planner Subject: Discussion regarding Main Street Neighborhood Form-Based Code
Following the City Council’s adoption of the Main Street Small Area Plan (“the Plan”) in December 2018, City Staff have been pursing implementation of the strategies recommended in the Plan. Among these is the adoption of a Form-Based Code (“FBC”) for the Main Street neighborhood which a consultant, VODA Landscape + Planning, has been drafting. City Staff and VODA have gone through several versions of the draft FBC and now would like to start getting input from the Planning Commission to continue forward.
Form-based codes are a relatively new type of land development regulation focusing on physical form instead of specific use. The basic purpose of a form-based code is to establish specific physical forms and spatial relationships to provide a reliably predictable development pattern within its boundary. This FBC was drafted to support the goals established by the community in the Plan and to ultimately transform the neighborhood into a well-connected and walkable town center.
Although the draft FBC is included in this packet, the purpose of this discussion is to introduce the high-level concepts behind the FBC and prepare the Planning Commission for a deeper dive into the FBC in a later meeting. Staff anticipates spending the August 28 workshop meeting discussing specific questions, comments, and concerns related to the FBC. Adoption of the FBC will require an ordinance and map amendment with public hearings later in the year.
Attachments: Draft Form-Based Code
7505 South Holden Street Midvale, Utah 84047 Phone (801) 567-7200 Fax (801) 567-0518
Memorandum
Date: September 19, 2019 To: Midvale Planning Commission From: Alex Murphy, Associate Planner Subject: Discussion regarding Main Street Neighborhood Form-Based Code
During the discussions held in August regarding the proposed Form Based Code (“FBC”) for the Main Street area, the Planning Commission requested more information on the following:
x Effect of the FBC on pre-existing/nonconforming uses and structures; x Parking requirements; and x Floor heights.
VODA Landscape + Planning has prepared a report addressing nonconformities within the FBC and a set of revised parking recommendations for the Planning Commission’s consideration, both of which have been attached and will be discussed during the next meeting. Minimum floor heights have been revised upwards to 14’ in the FBC, following the Planning Commission’s discussion.
Also attached to this memo is a new graphic created to summarize the heights and expected uses for the various districts contemplated by the FBC. This image is intended to show the areas affected by the FBC and provide a quick reference for uses/heights when having conversations with interested parties.
At this stage, the FBC is still in a draft form. As the language moves through the review and adoption process, we expect to see additional changes in response to comments and concerns from the Planning Commission, City Council, owners, developers, and general public. Our goal now is to establish a basic understanding of the intent and structure of the FBC before moving to the formal notices and hearings.
Attachments: Nonconformity and the FBC Report Revised Parking Standards FBC Quick Reference Graphic
A nonconforming structure is damaged or destroyed to the extent of less than 2. PROPOSED FBC AREA NONCONFORMITY REGULATIONS Trigger 3 NONCONFORMITY AND THE FBC 75% of its replacement value GENERAL PROVISIONS The structure may be rebuilt, restored, or repaired to its original condition Any nonconforming lot, use, structure, or sign that was lawfully established Remedy 3 only if the previous nonconformities are not expanded and no new Nonconformity means not conforming with the City’s current zoning regulations. Permissions before the FBC was implemented may continue as long as the nonconformity nonconformities are created remains legal and complies with all other FBC nonconformity requirements There are two types of nonconformity: legal nonconformities were permitted and All permits for the rebuilding, restoration, or repair of a damaged or destroyed 1. Any rights conferred on a nonconformity remain with the property and are Trigger 4 nonconforming structure are not granted within one year of the damage or conforming when they were established but have become nonconforming due to a Administration not affected by changes in tenancy or ownership destruction and no extension period is granted zoning regulation change; illegal nonconformities were not permitted when they 2. The burden of establishing the existence of a conformity prior to the FBC The structure may be rebuilt, restored, or repaired only if it conforms to the were established and/or are a result of a non-permitted nonconforming change. Remedy 4 implementation is on the applicant FBC requirements Municipal nonconformity regulations define how legal nonconformities are 3. If there is a question about the existence of legal nonconformities should addressed after a zoning regulation change. The adoption of an FBC will create legal be determined by the community development director with the option to nonconformities so these nonconformity regulations are very important for current appeal to the hearing officer following the standard appeals process. property owners and all future changes to nonconformities within the FBC area. 1. Any state or federal regulations that apply within the FBC area, and are in Limitations The City code’s current nonconformity regulations are insufficient and need to be conflict with the FBC regulations, will supersede the FBC regulations updated to make them more robust and easier to understand and implement within 2. Any lot, use, structure, or sign that was illegal prior to the FBC the FBC area. Table 1 describes the City’s current legal nonconformity regulations implementation remains illegal if it does not conform to the FBC including additional requirements for all types beyond “does not conform with 3. Nonconformity regulations apply to all projects that were submitted for approval before the FBC implementation date. All projects submitted after the existing regulations.” Table 2 describes the proposed FBC nonconformity regulations. FBC implementation date must meet the FBC requirements. For ease of comparison, the existing code text has been reconfigured into the same 4. If any portion of the FBC is judged invalid by a jurisdictional court, that table format of the proposed regulations. See the definitions section for descriptions judgment shall not affect the remaining portions of the FBC of the table components. USES 1. An existing nonconforming use may be extended to the entire floor area of Permissions the building in which it was operated at the creation of the nonconformity 1. EXISTING NONCONFORMITY REGULATIONS 2. Structures containing nonconforming uses may be altered per the nonconforming structure requirements LOTS: no additional requirements 3. If a structure containing a nonconforming use is damaged or destroyed the If in the original configuration, nonconforming lots are legally buildable for nonconforming use may be reestablished at the same scale as it operated Permissions permitted uses prior to the destructive event. USES: continuously operated for at least 12 months immediately preceding the 1. Nonconforming uses may not be expanded to additional parcels where the Limitations creation of the nonconformity nonconforming use was not operated prior to the FBC implementation Permissions Existing nonconforming uses on all or part of the lot may continue 2. An existing nonconforming use may not be changed to a different No nonconforming uses shall be expanded or extended in any way on the nonconforming use Limitations same lot or adjacent lots 3. When a nonconforming use has been changed, in whole or in part, to a Trigger 1 A nonconforming use that has been abandoned for 12 consecutive months conforming use, it shall not be changed back to any nonconforming use Remedy 1 Future occupation by conforming uses only Trigger 1 A nonconforming use is abandoned STRUCTURES: nonconforming to current development standards Remedy 1 Any future use must be a conforming use Permissions 1. Existing nonconforming uses may continue STRUCTURES 1. Nonconforming structures may be altered if the alteration is required by law DEFINITIONS 2. Any use changes may only be to conforming uses Permissions to restore the structure to a safe condition 3. An existing nonconforming use may be extended to the entire floor area of Permission: Permitted changes that require no remedy building in which it was operated at the creation of the nonconformity 2. Nonconforming structures may be altered if the alteration: is routine repair or maintenance; eliminates a nonconformity; does not expand an existing Limitation: Limitations placed on permissions 4. If occupied within one year of nonconformity, vacant nonconforming nonconformity; does not create a new nonconformity structures may be occupied by a use for which it was designed or intended Trigger: A change that requires a specific remedy 3. New additions may be attached to existing nonconforming structures if Trigger 1 A nonconforming structure, or portion thereof, is abandoned the addition is no more than 25% of the existing floor area at the time the Remedy: The remedy required by a specific trigger Remedy 1 Structure may only be occupied by a conforming use non-conformity is created. Exceptions can be granted by the community Exemption: Conditions in which the trigger does not require a remedy development director. SIGNS/SIGN STRUCTURES: was conforming before 2 January 2002 If a nonconforming structure is damaged or destroyed, all permits for Abandoned: A use, structure, or sign that has not been continuously and actively Permissions Normal maintenance and repair rebuilding, restoration, or repair must be granted within one year of the operated or used for a period of 12 months, or more, from the time that the use, Limitations Trigger 1 Sign/sign structure is moved, altered, or enlarged damage or destruction. If the applicant requests an extension, the community structure, or sign became nonconforming, regardless of intent to resume operation Remedy 1 Brought into full compliance development director may grant an extension. Change of Use: An existing nonconforming use that has been terminated and Trigger 1 The relocation of a nonconforming structure Exemptions 1. Alterations do not increase nonconformity replaced by another use. Any change of use in violation of the FBC is deemed an The structure fully complies with the current zoning regulations of the parcel 2. Location adjustments required by Utah Code Remedy 1 to which it is moved immediate abandonment of the nonconforming use. 3. Face changes in single and multi tenant signs A nonconforming structure is damaged or destroyed to the extent of 75% or Replacement Value: If the replacement value model is adopted, a metric for 4. Copy changes in permanent signs that were originally approved for Trigger 2 more of its replacement value calculating the replacement values of structures and signs will need to be established, changeable copy The structure may be rebuilt, restored, or repaired only if it conforms to the e.g. a recent appraisal value, the insured value, etc. Remedy 2 Midvale Municipal Code Chapters: 17-1-9 Transitional Provisions; 17-2-14 “N” Definitions FBC requirements 9.0 PARKING 9.1 GENERAL REQUIREMENTS
Table 9.01 - Vehicular Parking Requirements by Use & Form District PARKING REQUIREMENT USE CATEGORY CALCULATION UNIT MS TCC SC RN RESIDENTIAL & LODGING 1. Single Family & Multifamily 1.0 max. 1.0 max. 1.0 min. 1.0 min. per dwelling unit (Studio/1 Bedroom) 2. Multifamily (2 Bedrooms) 1.5 max. 1.5 max. 1.5 max. 1.0 min. per dwelling unit 3. Multifamily (3+ Bedrooms) 2 max. 2 max. 2 max. 1.5 min. per dwelling unit 1.0 max. 1.0 max. 1.0 min. per room + 4. Hotel & Inn n/a 1.0 max. 1.0 max. 1.0 max. per 200 sq. ft. office & dining 0.5 max. 0.5 max. 0.5 min. per rooming unit + 5. Residential Care n/a 0.75 max. 0.75 max. 0.75 min. per employee CIVIC & INSTITUTIONAL 6. Assembly (Public & Private) 0.2 max. 0.25 max. 0.25 max. n/a per seat (capacity) 7. Transit Station TBD TBD TBD n/a per city planning staff 1.25 max. 1.5 max. 1.5 min. per treatment room + 8. Medical/Dental Clinic n/a 0.75 max. 1.0 max. 1.0 min. per employee 9. Library/Museum/Post Office 0.75 max. 1.0 max. 1.0 max. n/a per 600 sq. ft. 10. Police & Fire n/a n/a TBD n/a per city planning staff 11. School: Pre-K through 1.0 max. 1.0 max. 1.0 max. 1.0 max. per classroom + Junior High 0.75 max. 1.0 max. 1.0 max. 1.0 min. per 200 sq. ft. office space 1.0 max. 1.0 max. 1.0 max. 1.0 max. per classroom + 12. School: High School & 0.75 max. 1.0 max. 1.0 max. 1.0 min. per 200 sq. ft. office space + Higher Education 0.15 max. 0.2 max. 0.2 max. 0.15 min. per student RETAIL 13. General Retail 1.0 max. 1.25 max. 1.5 max. n/a per 300 sq. ft. 14. Neighborhood Retail 0.75 max. 1.0 max. 1.25 max. 1.0 min. per 300 sq. ft. SERVICE 15. General Service 0.5 max. 0.75 max. 1.0 max. n/a per 250 sq. ft. 16. Neighborhood Service 0.5 max. 0.75 max. 1.0 max. 1.0 min. per 250 sq. ft. 0.5 max. 0.5 max. 0.75 max. 0.75 min. per seat (capacity) + 17. Bars & Restaurants 0.75 max. 0.75 max. 0.75 max. 0.75 min. per employee OFFICE & INDUSTRIAL 18. Office/Professional 1.0 max. 1.0 max. 1.0 min. n/a per 200 sq. ft. 1.0 max. 1.0 max. per 500 sq. ft. retail space + 19. Craftsman/Industrial n/a n/a 1.5 max. 1.5 max. per 1,000 sq. ft. production space SITE USES 20. Open Space TBD TBD TBD TBD per city planning staff n/a = use is not permitted in the given form district | TBD = to be determined by city planning staff
108 MIDVALE MAIN STREET FORM-BASED CODE
7505 South Holden Street Midvale, Utah 84047 Phone (801) 567-7200 Fax (801) 567-0518
Memorandum
Date: October 2, 2019 To: Midvale Planning Commission From: Alex Murphy, Associate Planner Subject: Discussion and Schedule for Main Street Neighborhood Form-Based Code
Over the last couple months, the Planning Commission has considered and discussed the Main Street Form-Based Code (“FBC”) on a broad scale. To prepare for the public hearing, Staff anticipates reviewing the proposed code in greater detail with the Planning Commission. The following tentative timeline for review and adoption of the FBC:
• October 9 & 23: Planning Commission Discussions • November 13: Planning Commission Public Hearing • November 13 or December 9: Planning Commission Recommendation • City Council Discussion and Public Hearing to follow
Attached to this memo is the complete, latest draft of the FBC. The October discussions of the FBC will be broken down by chapter as follows:
October 9: October 23: 2.0 – Form Districts Oct. 9 Follow Up Questions 5.0 – Frontages 3.0 – Use 6.0 – Building Types 4.0 – Street Types 9.0 – Parking 7.0 – Open Space 11.0 – Administration 8.0 – Landscaping 10.0 - Signage
For the Oct. 9 meeting, Staff recommends the Planning Commission read through the chapters listed and prepare any comments related to those chapters. If possible, please provide any pressing questions to Staff in advance of the meeting so they can be addressed first. During the meeting, Staff will provide an overview of each chapter and answer any remaining questions.
Attachments: Draft Form Based Code
Midvale City Department of Community Development Planning and Zoning Department
Planning and Zoning Commission Staff Report
APPLICATION: ZONING ORDINANCE TEXT AND MAP AMENDMENT – MAIN STREET FORM-BASED CODE LOCATION: Approximately Center Street to 8th Avenue and Main Street to Holden Street APPLICANT: City Staff FILE #: TXT-19-05 REQUEST: Text Amendment and Rezone MEETING DATE: November 13, 2019 AUTHOR: Alex Murphy, Associate Planner APPLICABLE ORDINANCE(S): Midvale City Municipal Code Chapter 17-3-1 & 17-7-11 AGENDA #: 2
SUMMARY:
In December 2018, the Midvale City Council adopted the Main Street Small Area Plan (the “Plan”). The Plan built on the goals of the City’s 2016 General Plan and its overall purpose was to improve and energize the Main Street neighborhood by pursuing five goals:
• Attract new investment; • Support existing businesses; • Strengthen residential areas; • Improve connectivity; and • Improve neighborhood identity.
Included in the Plan were 20 projects tailored to achieve these goals in three phases over the next 5-10 years, ranging from relatively simple, inexpensive, and short-term actions, such as recruiting new businesses and establishing a Main Street Business Association, to complex, expensive, and multi-year projects, such as updating electrical infrastructure and reconstructing the major streets.
The phase 1 project list includes a proposal to adopt a Form-Based Code (“FBC”) for the Main Street neighborhood. FBCs are an alternative type of land development regulation focusing on physical form instead of specific use. The basic purpose of an FBC is to establish specific physical forms and spatial relationships that provide a reliably predictable development pattern within its boundary. The Main Street FBC was drafted to support the goals established by the community in the Plan and to ultimately transform the neighborhood into a well-connected and walkable town center.
The proposal before the Planning Commission would repeal and replace the City’s existing Historic Commercial zone with the Main Street FBC zone. The boundary of the Main Street FBC zone would then be expanded to cover existing properties within the Historic Commercial (HC), Regional Commercial (RC), Medium Density Multifamily Residential (RM-12), and Single- Family Residential (SF-2) zones, as identified on the attached Form-Based Code Boundary Map.
While the Main Street FBC does propose new standards for the Main Street neighborhood commercial areas, the structure of the code is similar to what is currently adopted by the City for the HC and RC zones. Below is a graphic showing generally how the existing code requirements relate to the proposed FBC standards.
Figure 1: Section Comparison
The Purpose section of the FBC describes the planning efforts leading up to the code (the 2016 General Plan and 2019 Small Area Plan), the goals for the neighborhood, and a brief discussion on the history and existing conditions.
The Form Districts section of the FBC establishes subareas within the overall FBC zone boundary that differentiate areas by their form, location, purpose, and function (see Figure 2). There are four form districts proposed by the FBC: Main Street (those properties immediately adjacent to Main Street), Town Center Core (the largest form district by area, those properties that will support development on Main and throughout the neighborhood), Secondary Core (areas that are not immediately adjacent to major streets), and Residential Neighborhood (8th Avenue). With the application of the Main Street FBC zone limited to the areas east of Holden and south of 8th Avenue, only the Main Street and Town Center Core areas will take effect immediately upon adoption of this proposal. The other form districts will be available if property owners outside the FBC zone boundary wish to rezone their property to the Main Street FBC zone.
Figure 2: Form District Map
The Use section establishes allowable uses by form district (See Figure 3). Uses are broken down by general category (retail, service, office, residential, etc.) Some uses, such as schools, are allowed only on upper floors and not at ground level. Most uses are allowed throughout buildings. Some uses are prohibited, such as Craftsman/Industrial uses in the Main Street form district or drive-throughs in all form districts.
Figure 3: Use Table
The Street Types section establishes standards necessary to develop the public rights-of-way in a pedestrian-friendly fashion. Four street types are proposed (see Figure 4): Main Street, major commercial (Center, Holden, 700 West), minor commercial (Stagg, Depot, Smelter, etc.), and neighborhood (8th Avenue, Rio Grande). Recommended street connections are proposed where the existing network is incomplete, which can be used to guide development decisions on those areas in the future. Each street type has specific standards associated with it regarding vehicle
lanes, bike lanes, sidewalk widths, landscaping, etc. (see Figure 5 for an example), and provides options for adjusting street widths by reducing or removing certain elements, if necessary.
Figure 4: Street Type Map
Figure 5: Street Type Requirement Example
The Frontages section outlines requirements for the interface between buildings and the public realm (public sidewalks, public plazas, etc.). This section establishes a hierarchy of frontage importance, dividing streets into primary, secondary, and tertiary frontages (see Figure 6). Each frontage classification includes requirements regarding building placement, allowed encroachments into the public space, and parking location (see Figure 7).
Figure 6: Frontage Map
Figure 7: Frontage Example
The Building Types section describes the building styles permissible in the FBC area. Five building types are allowed: general (a catch all), limited bay (includes garage doors), row (typical townhome style, although not limited to residential use), yard (typical of other City zones and includes larger setbacks on all sides of the building), and civic (reserved for civic and institutional uses only). Each building type has a table of requirements, including allowable uses
(matching the Use section), location on property, height, primary façade finishes, projections, and roof type (see Figure 8).
Figure 8: Building Type Example
The Open Space section details requirements for areas where open space is a defined use, including pocket parks, town squares, parks, and build-to zone pedestrian plazas. This section establishes minimum and maximum areas for each use, allowable adjacent form districts, and permitted improvements (see Figure 9). This section does not include on-site landscaping requirements for individual private developments, but, instead, requirements for neighborhood/community areas.
Figure 9: Open Space Example
The Landscaping section establishes on-site landscaping requirements, including general requirements, installation, irrigation, trees and street trees, maintenance, etc. Three specific landscape areas are defined: parking lot frontage buffers (used when parking lots are immediately adjacent to public streets), parking lot interiors (islands within parking lots with 14 stalls or more), and side/rear landscape buffers (on property boundaries).
The Parking section provides parking lot configuration and calculation details. Parking requirements are broken down by form district and use. To promote a pedestrian-friendly environment and the most efficient use of land, parking requirements establish maximum limits within the Main Street and Town Center Core districts. On-street and shared use parking options are provided to help minimize the impacts of parking maximums in these districts.
The Signage sections establishes permissible sign types and areas by form district. Most of the sign types defined already exist within the City’s code, but two types have been added: hanging/projecting and freestanding post (see Figure 10).
Figure 10: Sign Type Examples
Freestanding Post Signs:
The Administration section provides details on implementing the FBC, including scope, treatment of nonconformities, enforcement, application process, and amendments.
PLANNING COMMISSION CONSIDERATIONS:
Staff recommends the Planning Commission consider the following specific topics before making a recommendation to the City Council:
1. FBC Zone Boundary. Following the City Council’s recommendation, the area affected by the proposed adoption of the FBC from the extent indicated in the Form District map above to the area identified on the attached Form-Based Code Boundary Map has been reduced. This modification to the zone boundary removes two of the form districts and their associated standards. The Planning Commission should consider the area its recommendation affects and whether the removed areas should remain within the zone map amendment. 2. Nonconformities. The Planning Commission should consider how their recommendation addresses nonconformities. Major topics of previous discussions have been whether expansion of nonconforming structures will be permitted and what replacement standards should apply. The current code draft has been modified from earlier drafts and proposes nonconforming standards matching existing code (no expansion; replacement following casualty allowed within 1 year). 3. Additional items that arise during review of the code or during the public hearing.
STAFF RECOMMENDATION:
Staff has received several questions from the public about the scope and scale of the proposed amendment and recommends the Planning Commission hold the public hearing before considering a recommendation. Staff will have motion options for approval, table, or denial available at the hearing.
ATTACHMENT:
• Draft Main Street Form-Based Code
PUBLIC NOTICE: No Yes
7505 South Holden Street Midvale, Utah 84047 Phone (801) 567-7200 Fax (801) 567-0518
Memorandum
Date: November 15, 2019 To: Mark Morris, VODA Landscape + Planning From: Alex Murphy, Associate Planner Subject: Main Street Form-Based Code
Mark,
This memo contains the items the Planning Commission would like to see addressed in the Main Street Form-Based Code. I’ve added clarifications in italics where warranted; we can have longer discussions about any items that are unclear or need additional attention.
1. Remove references to form districts and requirements that have been removed following the decision to reduce the area subject to the Form-Based Code.
2. Provide an additional section in Chapter 3.0 detailing use-specific restrictions. We’ll need to spend some time going through this section before the meeting to identify which uses will need to be added here.
3. Clarify that modifications to street widths in Chapter 4.0 are permissible and shall be made by the Community Development Director in consultation with the City Engineer, Public Works Director, and Fire Marshal. Also clarify that street standards are minimum requirements intended to flesh out the network and that the City may use alternative designs when reconstructing streets provided the walkable intent of the neighborhood is maintained.
4. Clarify that minimum frontage coverage may be reduced to provide for the minimum driveway width when no other frontage is available for access.
5. Clarify that stucco is an allowable material when used on facades that do not face public streets, adjacent residential areas, and open space. On a related note, clarify how non-primary facades should be treated, particularly on those properties with multiple street-facing elevations.
6. Provide open space suitable for sport courts on small scales, like the existing basketball court, either in one of the existing types of open space or as a new type. The City is considering pickle ball courts on the property along Holden by the Senior Center. Under the current reading, this would not appear to be permitted.
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7. Allow for shared parking calculations on properties containing multiple uses where suitable. This may not be necessary. Give it some thought and let’s talk.
8. Remove all references to the Development Review Committee.
9. State that the clarification of any disputes regarding the intent of Form-Based Code requirements shall be made by the Community Development Director and may be appealed to the Planning Commission. Appeals regarding language will still follow the appeal process of 17-3-14.
10. Clarify the relationship between the Main Street Form-Based Code and Chapters 17-1 (General Provisions), 17-2 (Definitions), 17-3 (Administration and Enforcement), 17-4 (Planning Commission), and 17-5 (Appeal Authority) of the Midvale City Municipal Code. The intent of the Form-Based Code is to be a standalone chapter of the zoning ordinance similar in construction to other zoning districts in the City.
11. Provide the following clarifications on nonconformities:
a. Expansion of nonconforming structures and parking lots are permitted when the expansion is conforming or increases overall conformity of the property; b. Replacement or repair of nonconforming structures are permitted in the event of fire, earthquake, or other calamity beyond the control of the owner provided a building permit is issued for the replacement or repair within one year of the casualty. c. Existing nonconforming structure facades may be altered provided the modifications do not decrease the amount of nonconformity. d. Exemption 3, relating to construction and changes of use, should be clarified. The intent of the language is unclear.
12. Update the tables to ensure they are consistent throughout the code.
13. Include all definitions in the definitions section. Some definitions were removed, such as in the use section, and others were not moved to the definitions section, such as in open space.
14. Reduce the upper floor transparency requirements and include definitions detailing how transparency calculations are completed. An analysis of other successful FBCs and the existing buildings on Main Street could be useful to show that the transparency requirements are not inappropriate.
15. Prepare comments/consideration of moving the street trees into parking lanes. This may only be feasible on the Main Street and Major Commercial street types; the Minor Commercial and Neighborhood streets do not have space.
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16. Clarify floor heights, indicating they are floor to ceiling measurements. Adjust ground floor requirements to maintain minimum ceiling height of 12’.
17. Provide opportunity for rooftop enclosures, such as allowing a maximum percentage or area in square feet, and include other considerations necessary to allow such a use (setbacks, height limits, materials, etc.) If you are aware of other examples showing how this has been handled, we can talk about what might be appropriate for Main Street.
18. Clarify that buildings may cross form district boundaries but are subject to the design requirements of each district for the portion of the building within each district.
19. Provide opportunity for iterant merchants (taco carts, food trucks, etc.) to establish permanent or semi-permanent locations. The existing RC zone has language that could be used a model.
20. Additional items may arise as I work with Unified Fire, Engineering, and Public Works on this latest draft.
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Midvale City Department of Community Development Planning and Zoning Department
Planning and Zoning Commission Staff Report
APPLICATION: ZONING ORDINANCE TEXT AND MAP AMENDMENT – MAIN STREET FORM-BASED CODE LOCATION: Approximately Center Street to 8th Avenue and Main Street to Holden Street APPLICANT: City Staff FILE #: TXT-19-05 REQUEST: Text Amendment and Rezone MEETING DATE: December 11, 2019 AUTHOR: Alex Murphy, Associate Planner APPLICABLE ORDINANCE(S): Midvale City Municipal Code Chapter 17-3-1 & 17-7-11 AGENDA #: 1
SUMMARY:
In December 2018, the Midvale City Council adopted the Main Street Small Area Plan (the “Plan”). The Plan built on the goals of the City’s 2016 General Plan and its overall purpose was to improve and energize the Main Street neighborhood by pursuing several goals and catalytic projects. Among those projects was a proposal to adopt a Form-Based Code (“FBC”) for the Main Street neighborhood.
FBCs are an alternative type of land development regulation focusing on physical form instead of specific use. The basic purpose of an FBC is to establish specific physical forms and spatial relationships that provide a reliably predictable development pattern within its boundary. The Main Street FBC was drafted to support the goals established by the community in the Plan and to ultimately transform the neighborhood into a well-connected and walkable town center.
The Planning Commission held a public hearing regarding the proposed ordinance and map amendment on November 13, 2019 and, after considering public input and discussion, decided to table a decision on the application and directed Staff to revise the FBC to address several topics. The discussion below documents each topic in italics and the corresponding update in the FBC in bullets.
1. Remove references to form districts and requirements that have been removed following the decision to reduce the area subject to the Form-Based Code.
• Tables and descriptions throughout the code have been updated to remove references to the Secondary Core and Residential Neighborhood form districts. This change also resulted in the removal of the Yard building type, as it was only permitted in those two districts.
2. Provide an additional section in Chapter 3.0 detailing use-specific restrictions.
• Section 3.2, Use-Specific Restrictions, has been added with restricted and prohibited uses.
Additional language has been added to consider the possibility of granting “special use permits” for specific uses. Special use permits would be permitted use categories with additional criteria, as differentiated from specific uses with additional criteria within permitted categories, and reviewed by Planning Staff. The Planning Commission should consider whether this distinction is warranted. Uses within this category currently are detached parking structures and police/fire stations.
3. Clarify that modifications to street widths in Chapter 4.0 are permissible and shall be made by the Community Development Director in consultation with the City Engineer, Public Works Director, and Fire Marshal.
• This clarification has been added in 4.2(A)(1)(b). An additional clarification has been added to 4.1(D) indicating that street standards are minimum requirements intended to flesh out the network and that the City may use alternative designs when reconstructing streets provided the walkable intent of the neighborhood is maintained.
4. Clarify that minimum frontage coverage may be reduced to provide for the minimum driveway width when no other frontage is available for access.
• Section 5.1(C) now states that “minimum frontage coverage may be reduced to provide for the minimum driveway width when no other frontage is available for access.”
5. Clarify that stucco is an allowable material when used on facades that do not face public streets, adjacent residential areas, and open space.
• 6.8(A)(1)(b) allows stucco on building facades that do not face public streets, adjacent residential areas, or open spaces.
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Beyond this limited application of stucco, no other direction is given for the treatment of facades that are not along primary frontages. A lot facing multiple frontage types, such as on the corner of Main Street and any minor commercial street, does not have standards for how to address the elevation on the lower priority street. In considering this Code, the Planning Commission should discuss whether additional treatments of public-facing elevations should be required.
6. Provide open space suitable for sport courts on small scales, like the existing basketball court, either in one of the existing types of open space or as a new type.
• The Park Open Space type has been revised and added back to the FBC, allowing sports courts in open space areas of any size. Standards regarding paving, lighting, seating, landscaping, trees, and bicycle facilities still apply.
7. Allow for shared parking calculations on properties containing multiple uses where suitable.
• Use of maximum parking requirements instead of minimum means there is no point to calculating shared parking to satisfy minimum calculations. Language regarding shared parking calculations has been removed.
8. Remove all references to the Development Review Committee.
• Development Review Committee references have been removed throughout the FBC.
9. State that the clarification of any disputes regarding the intent of Form-Based Code requirements shall be made by the Community Development Director and may be appealed to the Planning Commission.
• 11.2(F) now states determinations on language intent are made by the Community Development Director and may be appealed to the Planning Commission. Disputes regarding administration of the code follow the existing process defined in Section 17-3-14.
10. Clarify the relationship between the Main Street Form-Based Code and Chapters 17-1 (General Provisions), 17-2 (Definitions), 17-3 (Administration and Enforcement), 17-4 (Planning Commission), and 17-5 (Appeal Authority) of the Midvale City Municipal Code. The intent of the Form-Based Code is to be a standalone chapter of the zoning ordinance similar in construction to other zoning districts in the City.
• The Administration and Enforcement chapter has been culled to remove references to processes that conflict with existing language in Chapter 17-3 and renamed to solely Administration. The Definitions chapter has been updated to refer to Chapter 17-2 as a backup.
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11. Provide the following clarifications on nonconformities:
a. Expansion of nonconforming structures and parking lots are permitted when the expansion is conforming or increases overall conformity of the property; b. Replacement or repair of nonconforming structures are permitted in the event of fire, earthquake, or other calamity beyond the control of the owner provided a building permit is issued for the replacement or repair within one year of the casualty. c. Existing nonconforming structure facades may be altered provided the modifications do not decrease the amount of nonconformity.
• The requested clarifications have been added to the Administration chapter. Language regarding the existing zoning ordinance approach to nonconformities has been removed.
12. Update the tables to ensure they are consistent throughout the code.
• Clarifications to tables and text have been made throughout the FBC to ensure internal consistency.
13. Include all definitions in the definitions section.
• The Definitions chapter has been updated to include additional missing terms. Some improvements remain to be made to this section, such as revising the definitions for “retail” and “service” uses to avoid the use of the tables that were problematic for the Planning Commission earlier in the process.
14. Reduce the upper floor transparency requirements and include definitions detailing how transparency calculations are completed.
• Transparency requirements for upper floors to 20% throughout Chapter 6. A definition for “transparency” has been added to Chapter 12.
15. Consider moving street trees into parking lanes.
• Permissive language has been added allowing street trees to be placed in bulb outs, which are required at every intersection and crosswalk, and for the use of structural soil or soil cells.
• Street trees are an integral part of a good streetscape. However, moving all street trees into parking lane bulb outs is unfeasible. In order to maintain the opportunity to reduce overall right-of-way width, retaining the flexibility to remove parking lanes as-needed is necessary. Placing all street trees in parking lanes would result in all streets requiring parking lanes and the loss of flexibility in determining appropriate right-of-way width.
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• This language is intended to be the minimum acceptable standard for street improvements. If individual property owners or the City wish to go above and beyond, they will be allowed to do so.
16. Clarify floor heights, indicating they are floor to ceiling measurements. Adjust ground floor requirements to maintain minimum ceiling height of 12’.
• Building type tables throughout Chapter 6 updated to reflect floor-to-ceiling heights of 12’ on ground floors and 8’/10’ on upper floors.
17. Provide opportunity for rooftop enclosures, such as allowing a maximum percentage or area in square feet, and include other considerations necessary to allow such a use (setbacks, height limits, materials, etc.)
• Rooftop occupied space is now allowed on parapet roofs and within rooftop towers. Parapet roofs allow 10% or 400 SF enclosures, whichever is greater, and towers (whose sizes are governed by building type) may be occupied by any use permitted on the upper floor of the building.
18. Clarify that buildings may cross form district boundaries but are subject to the design requirements of each district for the portion of the building within each district.
• Section 2.1(B)(2)(c) allows buildings to cross form district lines and subjects those buildings to the applicable standards of each form district for the portions of buildings within the district. A building in both the MS and TCC districts would be subject to the MS district on one side and TCC on the other. Form district boundaries may be adjusted by Staff, provided they do not significantly change the district boundary and fit new parcel lines.
Following the Planning Commission hearing, Staff met with Unified Fire Authority to discuss potential Fire Code requirements in the Main Street neighborhood and identify any conflicts that might arise as part of the FBC. Brad Larson, Division Chief / Fire Marshal, indicated aerial access would be required for any building 3 stories or taller, which includes all the new buildings in the TCC and the taller buildings in the MS form districts. Aerial access requires an uninterrupted street width of at least 26’ and the placement of buildings no closer than 15’ and no further than 30’ from the street. To provide this access, the following changes have been proposed to the Street Types chapter:
• On Major Commercial streets, the bike lane has been placed adjacent to the travel lanes, providing the required width between the bike lane and two travel lanes. • On Minor Commercial streets, two travel lanes and a bike lane are the minimum required improvement. On-street parking may be provided if the right-of-way is widened. Fire Chief Larson indicated that this configuration would be critical on Stagg Street, but could be modified on the other Minor Commercial rights-of-way. • No changes to Main Street were required.
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STAFF RECOMMENDATIONS:
Staff recommends the Planning Commission consider these proposed changes and determine whether the FBC is ready to proceed to City Council review. Possible motions to approve, approve with changes, or table consideration have been included below.
POSSIBLE MOTIONS:
Motion #1 – Recommend Approval
“I move that we forward a recommendation to the Midvale City Council to approve the Main Street Form-Based Code rezone and text amendment with a finding that it is consistent with the goals of the 2016 Midvale City General Plan and the 2018 Midvale City Main Street Small Area Plan.”
Motion #2 – Recommend Approval with Changes
“I move that we forward a recommendation to the Midvale City Council to approve the Main Street Form-Based Code rezone and text amendment with the following findings and recommended modifications:
Findings:
1. The proposed changes are consistent with the goals of the 2016 Midvale City General Plan and the 2018 Midvale City Main Street Small Area Plan.
Modifications:
The code should:
1. … 2. …”
Motion #3 – Table
“I move that we table decision on the Main Street Form-Based Code rezone and text amendment to address the following questions/comments:
1. … 2. … ”
ATTACHMENTS:
• Main Street FBC
PUBLIC NOTICE: No Yes
Page 6 of 6
7505 South Holden Street Midvale, Utah 84047 Phone (801) 567-7200 Fax (801) 567-0518
Memorandum
Date: December 12, 2019 To: File From: Alex Murphy, Associate Planner Subject: Main Street Form-Based Code
At the December 11, 2019 meeting, the Planning Commission voted to forward a recommendation to the City Council to approve the Main Street Form-Based Code rezone and text amendment with the following modifications:
1. Convert all uses requiring Special Use Permits to Permitted Uses. 2. Clarify frontage coverage reductions for minimum driveways must cover entire remaining frontage. 3. Apply primary frontage building design requirements to all street-facing elevations. 4. Clarify appeals of Planning Commission decisions are reviewed by Appeal Authority. 5. Clarify replacement or repair of nonconformities damaged by casualty are like- for-like replacements or repair. 6. Complete and reference Existing Streets table in 4.0 or remove from document.
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MIDVALE CITY COUNCIL SUMMARY REPORT
Meeting Date: January 7, 2020
SUBJECT: Discussion Regarding Administrative Appeals to District Court
SUBMITTED BY: Lisa Garner, City Attorney
SUMMARY: This discussion item involves the City’s efforts to standardize administrative appeals to district court. Currently, the City has a different administrative appeal process for Business Licensing, Code Enforcement, and Planning and Zoning. A business license appeal automatically stays enforcement of a suspension or revocation pending an appeal to district court. A code enforcement appeal does not stay enforcement of a decision unless it is ordered by the hearing officer. A zoning appeal does not stay enforcement of a decision unless it is ordered by the district court.
In order to simplify these processes, improve enforcement, and provide more equitable treatment, City Staff proposes standardizing the City’s administrative appeals processes and, specifically, administrative appeals to District Court.