Agenda Item Title:
Title
Amendments to Title 21 of the Land Development Code related to Home-based Microschools, Micro-education Entities, Charter and Public Schools
Body
Presenter:
Melissa Anderson, Zoning Administrator
Body
Description/Background:
The proposed Code Amendments would amend Title 21, Land Development Code, Chapter 7, Land Uses in Residential Districts, Chapter 8, Land Uses in the Commercial, Office, Industrial, Mixed Use, Transit Corridor, and Research and Development Districts, Chapter 9, Institutional Care District, Chapter 10, Open Space District, Chapter 11, Special Use Standards, Chapter 19, Special Development (SD) Districts, and Chapter 37, Definitions. The code amendments are related to home-based microschools, micro-education entities, charter schools and public schools to ensure Sandy’s Land use Development Code (LDC) is consistent with the Utah Code.
During the 2024 Utah Legislative Session, Senate Bill 13 was passed, which provides Home-based Microschools and Micro-education Entities with similar requirements, waivers, and rights as private and charter schools. A Micro-education Entity provides kindergarten through grade 12 education services for up to 100 students, while a Home-based Microschool provides K - 12 education services for up to 16 students from a residential dwelling or property. Of significance is that cities are required to allow both of these schools in all zoning districts within a city, similar to charter and public schools (see UCA 10-9a-305(7)(a)). The proposed code amendments will bring various sections of the City’s land use code into compliance with these new state law provisions. The code amendments also bring existing references to charter and public schools into compliance with the Utah Code.
On July 18, 2024, the Planning Commission recommended the City Council adopt the proposed amendments to Title 21, of the Land Development Code, relating to Home-based Microschools, Micro-education Entities, Charter and Public Schools as shown in Exhibit “A” (red-lined version) and Exhibit “B” (clean version).
This item was discussed at the City Council work session on July 23, 2024.
Fiscal Impact:
None
Recommended Action and/or Suggested Motion:
Recommendation
The Planning Commission gave a positive recommendation to the City Council to adopt ordinance 24-14 to amend Title 21, of the Sandy Municipal Code, relating Home-based Microschools, Micro-education Entities, Charter and Public Schools as shown in Exhibit “A”, based on the following findings:
Findings:
1. The City Council may amend land use ordinances consistent with the purposes of the Sandy Land Development Code, the Sandy City General Plan, and the Utah Code, Municipal Land Use, Development, and Management Act per Title 21 Chapter 5 of the Sandy Municipal Code.
2. The proposal is reviewed by the Planning Commission and City Council in accordance with the requirements of Title 21 Chapter 5 of the Sandy Municipal Code.
3. The proposal complies with the purpose of the Land Development Code under Section 21-1-03 by promoting the public health, safety, and welfare; ensuring consistent and equitable standards; establishing fair procedures that are efficient and effective in terms of time and expense; and by facilitating the orderly growth and development of Sandy City.
4. The proposal complies with the Goals and Policies of the General Plan by establishing appropriate development standards for all uses and zoning categories within Sandy City.