Agenda Item Title:
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Interpretation of the term “Mixed Use Development”
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Presenter:
Mike Wilcox, Planning Director
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Description/Background:
The Community Development Director, James Sorensen, is requesting the Planning Commission provide the interpretation of the term “mixed use development” as applied in the context of a conditional use permit application on a property located at 10165 South 1300 East. The application is to seek review and approval of a mixed use development for this site. This property is zoned Neighborhood Commercial (CN) which generally allows only commercial uses, but also allows for a mixed use development as a conditional use. The key determination to be made is whether this proposal qualifies as a mixed use project under the Sandy City Code.
A full detailed supplemental staff report is attached with further information, referenced exhibits, and minutes from past public meetings.
This item was previously scheduled for the April 20, 2023 meeting, but that meeting was canceled. The Planning Commission last heard this item on August 3, 2023. After much discussion, the Planning Commission tabled this decision to allow the applicant time to refine and improve their application. A work session with the Planning Commission was held on October 5, 2023 where this proposals was discussed further. The applicant has requested a decision on this question.
Further action to be taken:
If the Planning Commission determines this application does not qualify as a Mixed Use Development, then this would use and project would not be allowed in the CN Zone and there would be no further review of the conditional use permit.
If the Planning Commission determines this application does qualify as a Mixed Use Development, then the applicant will proceed with their conditional use application for a Mixed Use Development in the CN Zone.
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommends that the Planning Commission determine that this request does not meet the definitional standard of a “Mixed Use Development” as outlined in the Land Development Code based on the following findings:
Findings:
1. A mixed use development must consist of more than just a collection of types of uses that are adjacent (vertically or horizontally) to one another. It requires that they be designed to function as a walkable village center providing a variety of housing, employment opportunities, goods and services that support the existing and proposed residents of a given area (see Sec. 21-37-14(10-14) & 21-23-24). The proposal does not meet this requirement.
2. A mixed use development is required to function as a walkable village center, providing a mix of uses within close proximity, and uninterrupted pedestrian connections, thereby reducing traffic and parking impacts see Sec. 21-37-14(10-14) & 21-23-24). The proposal does not meet this requirement.
3. A mixed use development requires coordination and master planning to successfully create a walkable community (see Sec. 21-37-14(10-14) & 21-23-24). The proposal does not meet this requirement.
4. The development proposal does not meet the definition of a “Mixed Use Development” as found in section 21-37-14(10-14).
a. The proposal shows that there has been no effort to coordinate and master plan with surrounding property owners and integrate those existing uses or future development. After evaluating this proposal within its development area only, and not including the surrounding existing properties and uses, and finds there is not a sufficient mix of uses.
b. The proposal is not of sufficient size and physical improvement to protect surrounding areas and the general community, and to ensure a harmonious integration into the neighborhood.
c. The proposal does not integrate critical massing of physical and functional components into a coherent plan that promotes walkability through uninterrupted pedestrian connections and reduces traffic and parking impacts.
d. The proposal is not designed in a walkable village manner.
e. The proposal shows “live/work units” that are not designed to function as such because the spaces are disconnected. The amount of area designated for “work” within these buildings is too small to function as standalone office space and will likely be utilized for storage and maintenance spaces.
f. The amount of proposed retail uses represents only 6% of the overall building square footage (not including the structured parking areas).
g. The amount of live/work “office” space represents only 1% of the overall building square footage (not including the structured parking areas).
5. This development proposal is focused on creating a multi-unit dwelling development, which is a use that is not permitted as a standalone use in the CN Zone (see Sec. 21-8-2). It does not provide sufficient office/retail elements to serve the purpose of the CN zone(see Sec. 21-2-11(6)).
6. A development that is focused on commercial retail and office uses that harmoniously integrates a residential element into the overall development scope to create a village center would be an appropriate application of a mixed use development (see Sec. 21-2-11(6) & 21-23-24).