This application is a request for approval of a Text Amendment to Draper City Municipal Code (DCMC) 9-27-090, Flag Lots.

On April 7, 2020 the City Council passed Ordinance No. 1427, a temporary land use regulation, which prohibits new development applications proposing to erect, construct, reconstruct or alter any structure on a flag lot or proposing to subdivide land to create a flag lot. The temporary land use regulation was enacted after members of the City Council expressed sentiment that the current development standards regarding flag lots do not meet the goals and objectives of the zoning ordinance in that the current code does not adequately address the burden placed on existing residents surrounding a flag lot and approving new development on flag lots will only exacerbate the negative impacts of flag lots on existing residents.  The temporary land use regulation is set to expire on October 7, 2020, or earlier, after public hearings are held and amended provisions are presented to the Planning Commission and the City Council for review and adoption.

The Planning Commission heard this item at their September 3, 2020 meeting and on a 5-0 vote forwarded a positive recommendation with two minor modifications to the text. These modifications included: 1) A reference to the definitions section of the ordinance; and 2) A clarification to the alignment of the front yard with respect to the street. Both proposed modifications have been reflected in the provided ordinance.

The City Council heard this item at their September 15, 2020 meeting, conducted a public hearing, and discussed the proposed amendments to the flag lot provisions. Three specific concerns were identified by members of the Council: 1) Proposed increases to the minimum stem width; 2) A proposed increase to the minimum lot size for the flag portion of the lot; and 3) Proposed landscaping requirements that had the effect of increasing the minimum stem width. Modifications have been made to the provided ordinance removing these three previously proposed changes from the text. 

For approval:

 1.  The proposed amendments are consistent with goals, objectives and policies of the city's general plan;

 2.  The proposed amendments further the specific purpose statements of the zoning ordinance;

 3.  The proposed amendments are appropriate given the context of the request and there is sufficient justification for a modification to the zoning ordinance;

 4.  The proposed amendments will not create a conflict with any other section or part of this title or the general plan;

 5.  The potential effects of the proposed amendments have been evaluated and determined not to be detrimental to public health, safety, or welfare and represents an overall community benefit; and

 6.  The proposed text amendments implement best current, professional practices of urban planning, design, and engineering practices.

For denial:

 1.  The proposed amendments are not consistent with goals, objectives and policies of the city's general plan;

 2.  The proposed amendments do not further the specific purpose statements of the zoning ordinance;

 3.  The proposed amendments are not appropriate given the context of the request and there is not sufficient justification for a modification to the zoning ordinance;

 4.  The proposed amendments will create a conflict with another section or part of this title or the general plan;

 5.  The potential effects of the proposed amendments have been evaluated and determined to be detrimental to public health, safety, or welfare and represents an overall community benefit; and

 6.  The proposed text amendments do not implement best current, professional practices of urban planning, design, and engineering practices.