Land Use for the Record
Presented by
Dennis L. Marker, Santaquin City Planner
Utah Municipal Clerks Association Spring Conference 2010
Land Use Regulation in Utah
Utah Code Anno 1953, Title 10-9a-102(1)
(1) The purposes of this chapter are to provide for the
health, safety, and welfare, and promote the prosperity,
improve the morals, peace and good order, comfort,
convenience, and aesthetics of each municipality and its
present and future inhabitants and businesses, to protect the
tax base, to secure economy in governmental expenditures, to
foster the state's agricultural and other industries, to protect
both urban and nonurban development, to protect and ensure
access to sunlight for solar energy devices, to provide
fundamental fairness in land use regulation, and to protect
property values.
Land Use Regulation in Utah
Utah Code Anno 1953, Title 10-9a-102(2)
To accomplish the purposes of this chapter, municipalities may enact
all ordinances, resolutions, and rules and may enter into other forms of
land use controls and development agreements that they consider
necessary or appropriate for the use and development of land within
the municipality, including ordinances, resolutions, rules, restrictive
covenants, easements, and development agreements governing uses,
density, open spaces, structures, buildings, energy efficiency, light and
air, air quality, transportation and public or alternative transportation,
infrastructure, street and building orientation and width requirements,
public facilities, fundamental fairness in land use regulation,
considerations of surrounding land uses and the balance of the
foregoing purposes with a landowner's private property interests,
height and location of vegetation, trees, and landscaping, unless
expressly prohibited by law.
Utah Municipal General Records Retention
Schedule 20 - Planning & Zoning Records
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Adopted Master Plans
Planning Commission Minutes
Zoning Maps
Zoning Ordinances
Rezoning Records and Indexes
Subdivision Review Case Files
Planned Unit Development Case Files
Street/Alley Vacating Records
Conditional Use Records and Indexes
Site Review Planning Records
Nonconforming Use Certificate Records
Board of Adjustment Case Files
Board of Adjustment Minutes and Indexes
CDBG Application Records
CDBG Administrative Records
Planning Study Reports
Aerial Photographic Maps
Where is Santaquin
Lehi
Orem
Provo
What is Santaquin
Santaquin in 1999
Genola
Population - Approx 4,800
Households - Approx 1720
Land Area - 1730 Acres (2.7 sq.
miles)
Santaquin Today
Genola
2008 Population - Approx 8,400
Households - Approx 2,300
Land Area – 6,704 Acres (10.475
sq. miles)
The General Plan Requirement
Utah Code Anno 1953, Title 10-9a-401
(1) each municipality shall prepare and adopt a comprehensive, long-range general
plan for:
(a) present and future needs of the municipality; and
(b) growth and development of all or any part of the land within the municipality.
(2) The plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity,
civic activities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result
from either excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) the protection or promotion of moderate income housing;
(g) the protection and promotion of air quality;
(h) historic preservation;
(i) identifying future uses of land that are likely to require an expansion or significant
modification of services or facilities provided by each affected entity; and
(j) an official map.
General Plan Elements
Utah Code Anno 1953, Title 10-9a-402
(2) (a) At a minimum, the proposed general plan, with the accompanying
maps, charts, and descriptive and explanatory matter, shall include:
(i) a land use element.
(ii) a transportation and traffic circulation element
(iii) a moderate income housing element.
(3) The proposed general plan may include:
(a) an environmental element:
(b) a public services and facilities element
(c) a rehabilitation, redevelopment, and conservation element consisting of
plans and programs for:
(i) historic preservation;
(ii) the diminution or elimination of blight; and
(iii) redevelopment of land, including housing sites, business and
industrial sites, and public building sites;
(d) an economic element
(e) recommendations for implementing all or any portion of the general plan
(f) provisions addressing any of the matters listed in Subsection 10-9a-401(2);
(g) any other element the municipality considers appropriate.
How it Ties Together
Zoning
Regulations
Subdivisions
Conditional
Uses
Site Plan
Review
General
Plan
Nonconforming
Uses
Redevelopment
Architectural
Standards
Landscaping
Santaquin’s Award Winning Planning
• Hired a full-time City Planner in 2005
• Contracted with Economic and
Planning consultants
• Stuart Reid, CEO, BARR Co.
• Bill Wright, City Design, LLC.
• Hired JUB Engineering for engineering
and planning services
• Year long study, evaluation, and
community input process to address
Land Use, Agriculture, Circulation,
Economics, Natural Hazards,
Recreation, & Community Vision.
• Recognition by Utah Legislature as
“Utah Farming Heritage District”
• Utah Chapter of American Planning
Association (APA) 2007 Award of Merit
Key Records: Notifications & lists, Legislation, Studies, Minutes, General Plan
Current Land Uses
Key Records: Studies Conducted, Aerial Photo Maps, Land Records
Planned Land Uses
Natural Open Space and Sensitive Land Protection
Orchard Preservation Areas
Residential Low Density – Ranchettes
Foothill Residential Clustering
Core Area Mixed Use Residential
Main Street Mixed Use District
Regional Mixed Use Economic Center and
Transit Oriented Development
Elementary and Secondary Education Sites
Business Park / College Campus Areas
Transportation Networks
Public facilities
General Plan Implementation
1.
2.
Preparation and adoption of a revised Zoning Ordinances designed
to implement the Land Use Element of the General Plan. This
includes:
a. Creating new zoning districts which facilitate agricultural
operations and businesses.
b. Modifying residential zones and subdivision standards.
c. Establishing development criteria for Multi-family and nonresidential developments.
Preparation and adoption of revised construction standards and
details to implement the Circulation Element of the Plan.
Zoning
Utah Code Anno 1953, Title 10-9a
10-9a-505. Zoning districts.
(1) (a) The legislative body may divide its territory over into zoning districts of a
number, shape, and area that it considers appropriate.
(b) Within those zoning districts, the legislative body may regulate and
restrict the erection, construction, reconstruction, alteration, repair, or use
of buildings and structures, and the use of land.
(c) A municipality may enact an ordinance regulating land use and
development in a flood plain or potential geologic hazard area to protect
life and prevent the substantial loss of real property or substantial damage
to real property.
(2) The legislative body shall ensure that the regulations are uniform for each
class or kind of buildings throughout each zoning district, but the regulations
in one zone may differ from those in other zones.
(3) (a) There is no minimum area or diversity of ownership requirement for a
zone designation.
(b) Neither the size of a zoning district nor the number of landowners within
the district may be used as evidence of the illegality of a zoning district or
of the invalidity of a municipal decision.
Zoning Records
Key Records: Zoning Map, Historic Zoning Maps, Ordinances, Subdivision and
Land Use Regulations, Overlay Standards.
Rezonings
With Main Street General Plan Element, the City initiated a rezoning adopted
September 2007. New zones included mixed-use development more housing
options near the City core and near transportation corridors. Increasing walkability
across and along US-6 (Main Street). Includes street enhancements and
architectural standards. Resident’s wanted a late 1800’s period look.
Key Records: General Plan, Studies Conducted, Zoning Map, Rezoning File,
Notifications, Meeting Minutes, Ordinances, Land Records, ROW.
Special Studies
Future Main Street Visualizations
Developing Land Uses
- Commercial Site Plans
5 commercial flex-units (4,000 square feet)
26 residential Units (2-3 bedroom, approx.
1,100 square feet)
Access across City land to rear parking lot.
Key Records: Zoning Map, DRC Meeting Minutes, Site Plan Review Files, Public
Utility Drawings, Ordinances, Land Records (Easements, Ownership), Building
Permit and Inspections, Bonds, Business Licenses, Utility Contracts.
Site Plan Reviews
Site Plan Records
Santaquin
File Requirements
Developer Information
Land Information
Designer/Engineer Information
Improvement Drawings
Roads & Sidewalk
Utility Connections
Landscaping
Storm Drain
Lighting
Grading
Parking
Building Footprint
UDOT/RR Review
Environmental Constraints
Traffic Analysis & Access
Zoning
Fees Paid & Bonding
PC/DRC Minutes
Development
Agreements
• Summit Ridge Annexation
in 2002
• Included
– 3 public golf courses
– 3,500 Homes
– 1 million sq. ft. of
retail/office/industrial
– Natural Open space
– Unique Development
Standards
• Property owners and City
have changed their minds
since annexation.
Key Records: Annexation File, Development Agreements, Meeting Minutes,
Ordinances, PUD Records
Development
Agreements
• Summit Ridge Agreement
amended in 2006
• Now Includes
– 40+ acres of pubic parks
– 8+ miles of trails through
banded open spaces.
– Future Commuter Rail
Station
– 3,500 Homes
– Public/Private partnerships
in retail/office/industrial
areas
– Unique Development
Standards
Key Records: Development Agreement Amendments, Negotiations, Meeting
Minutes, Subdivision Records, Land & Water Records, Infrastructure
Constructed/Fees Paid or Reimbursed, Ordinances, PUD Records
Subdivision Records
• North Orchards Development
• 450 Acres (15 property
owners)
• PUD which includes
– Up to 1500 units
– 30 acres to City for parks,
trails, recreation
– Transportation Impact
calculations
– Potential SID for
infrastructure and recreation
Key Records: Development Agreements, Subdivision Files, Meeting Minutes,
Public Utility Drawings, Land Records (Easements, Ownership), Water, Street
Vacation, City Development Standards, Building Permits and Inspections, Bonds.
Subdivision Records
Santaquin Preliminary
File Requirements
Developer Information
Land Information
Plat with lot statistics
Designer/Engineer Information
Top-down Improvement Drawings
Roads & Sidewalk
Utility Connections
Landscaping
Storm Drain
Lighting
Grading
UDOT/RR Review
Environmental Constraints
Traffic Analysis & Access
Zoning
Fees Paid & Bonding
PC/DRC Minutes
Subdivision Records
Santaquin Final
File Requirements
Developer Information
Land Information
Plat with lot statistics
Designer/Engineer Information
Plan & Profile Drawings
Roads & Sidewalk
Utility Connections
Landscaping
Storm Drain
Lighting
Grading
UDOT/RR Review
Environmental Constraints
Traffic Analysis & Access
Zoning
Fees Paid & Bonding
CC/PC/DRC Minutes
Pre-construction Meeting
Conditional Uses
Utah State Code annotated 1953, §10-9a-507
(1) A land use ordinance may include conditional uses and provisions for
conditional uses that require compliance with standards set forth in an
applicable ordinance.
(2) (a) A conditional use shall be approved if reasonable conditions are
proposed, or can be imposed, to mitigate the reasonably anticipated
detrimental effects of the proposed use in accordance with
applicable standards.
(b) If the reasonably anticipated detrimental effects of a proposed
conditional use cannot be substantially mitigated by the proposal or
the imposition of reasonable conditions to achieve compliance with
applicable standards, the conditional use may be denied.
Key Records: Zoning Maps, Zoning regulations, Building Permits and
Inspections, Conditional Use Files, Notifications, Special Studies, Public
Safety Records, Enforcement History, Land Records
Non-conforming Uses
Utah State Code annotated 1953, §10-9a-103 Definitions
"Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use
ordinance governing the land changed; and
(c) because of one or more subsequent land use ordinance
changes, does not conform to the regulations that now govern
the use of the land.
Although supportive of agriculture Santaquin had inadvertently made such
land uses non-conforming through re-zonings and code amendments.
Ramifications included one farmers inability to construct additional
greenhouses. Farmers are now encouraged to zone their properties to new
Agriculture Zones and obtain Agriculture Protection Area status.
May also include an historic home built 15 feet from a road that doesn’t meet a
30 feet front yard setback.
Key Records: Subdivision Files, Historic Zoning Maps, Historic Zoning
regulations, Building Permits and Inspections, Confirmation Letters, Land
Use Studies, Board of Adjustment Files, Aerial Photography Maps
Limiting Uses
4.0
45,000
3.5
40,000
Santaquin City 2007
General Plan: 8.5%
Annual Population
Growth 2007-2027
35,000
30,000
2.5
25,000
2.0
8.5% Annual Flow Rate
Increase 2007-2027
1.5
20,000
Population
Annual Average Flow (mgd)
3.0
15,000
1.0
10,000
Lagoon Capacity
0.5
5,000
0.0
0
1999
2002
2005
2008
2011
2014
2017
2020
2023
2026
2029
2032
Year
Flow Rate (Santaquin City)
Lagoon Capacity
Population (Santaquin City General Plan, 2007)
Key Records: Development Agreements, Subdivision Files, Public Utility Records,
Building Permits, Capital Facilities Plans, General Plan, Ordinances, Development
Requirements and Fees, Impact Fees, Budgets.
Sustainability through 100% Reuse
Groundwater Recharge
Aquatic Habitat
Wastewater
Type I
Reclaimed Water
Highest Quality
Water Treatment and Reclamation Using
Membrane Bioreactor Technology
Residential Irrigation
Biosolids
Agriculture
LAND USE TRANSECT
where is your community?
Which Records are Key?
All
About the Presenter
Dennis L. Marker, Santaquin City Planner
Dennis Marker was born in Ogden and graduated from Weber State with a BS degree in Geography with an
emphasis in Geospatial Analysis and Urban Planning. His professional career began with the USDA Forest
Service and the Intermountain Region - Lands Department. After enjoying the forests, he began working for the
urban Sandy City, UT as a professional planner. Since 2005 he has been working in the greener pastures of
Santaquin City as their Planner. As their planner he has been directly involved with the economic rejuvenation of
the City, establishing the Utah Farming Heritage District, agriculture preservation in the second largest tart cherry
industry of the nation, developing the first water reclamation and 100% reuse project in Utah, and a Utah Chapter
of the American Planning Association awarded general plan. His major interests are spending time with his family
out of doors, composing, traveling to new places, and living in the friendly rural community of Santaquin.
Dennis can be reached at
45 West 100 South
Santaquin, UT 84655
(801) 754-1011
dmarker@santaquin.org