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Orem City Council instructed to comply with state code

By Genelle Pugmire - | Aug 24, 2022

Courtesy Orem city

An undated drone photo of Orem's State Street.

After the Orem City Council stalled the vote on the new Economic Development Plan for the city Tuesday — asking for changes that would eliminate high-density housing and transportation on State Street — it was time to hear what the state is asking of them.

Jason Bench, Planning Division manager, presented a time sensitive overview of the Utah Code that established the requirement for communities in Utah to prepare for the future through General Plan development.

“Since 2019, the General Plan requirement has been expanded to include planning for moderate income housing,” Bench told the council. Bench also noted there are a variety of consequences if cities do not respond to the requirements.

If a jurisdiction meets certain criteria, it’s required to:

  • Include a moderate income housing element in the General Plan; and
  • Report on its compliance with the requirement and inventory of moderate income housing.

The Utah Housing Affordability Amendments, passed in the 2022 Legislative General Session, changed this requirement — adding in clarification while also expanding the options from which jurisdictions may create more flexibility and creativity in bringing moderate income housing to Utah, according to Bench.

Courtesy Orem city

Map of State Street that shows plans for business and transportation corridor.

According to Bench, the Governor’s Office of Planning and Budget may give priority for financial grants to Orem under the COVID-19 Local Assistance Matching Grant Program. A minimum of three strategies, plus one because of the FrontRunner Station, is required for Orem.

“We are proposing to move forward with four strategies,” Bench said.

If the city is non-compliant — meaning there is no report filed or the general plan does not meet requirements — then the following could occur:

  • UDOT may not program funds from Transportation Investment Fund of 2005 , or Transit Transportation Investment Fund to projects located in Orem
  • The Governor’s Office of Planning and Budget may not award financial grants to Orem.

Bench noted the city would not receive funding for a multitude of highway projects. The in-progress projects include $39 million for 1600 North and $20 million for Geneva Road.

The MAG Phase I projects, which will be done between now and 2030, include $80 million for the Orem 800 South Campus Drive overpass, $25 million for the I-15/University Pkwy grade separated off-ramp and $85 million for I-15 capacity enhancements.

The MAG Phase II projects, to be done between 2031 and 2040, include $670 million for I-15 capacity enhancements and $47 million for University Pkwy/State Street capacity improvements. Also discussed in the plan is a MAG Phase III projects, from 2041 to 2050, discussing $60 million for Sandhill Rd/University Parkway capacity improvements.

Bench recommended amending Chapter 4 (Housing) of Orem’s General Plan to adopt a minimum of four strategies to comply with state law, and update the demographics and housing gap analysis for moderate income housing in Orem.

The city would create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones; zone or rezone for higher density or moderate income residential development in commercial or mixed-use zones near major transit investment corridors, commercial centers, or employment centers; create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act; and develop and adopt a station area plan in accordance with Section 10-9a-403.1.

Orem would also create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones; zone or rezone for higher density or moderate income residential development in commercial or mixed-use zones near major transit investment corridors, commercial centers, or employment centers, according to the presentation.

“Orem currently allows for higher densities in the PD34, PD21, and PD22 zones,” Bench said. “In conjunction with the Station Area Plans, Orem will be considering zoning to support moderate income residential development through the development of those plans.”

Bench also told the council that a developer has met with city leaders to discuss the feasibility of a Housing and Transit Redevelopment Zone in the area. In 2023, following the study, the developer, consultant and City will consider the next steps as required from the HTRZ Act.

Orem city has outlined Station Area Plans for the transit stations in Orem into two phases. Phase 1 will begin with the revision and update of the existing station area plan for the Orem Frontrunner Station, and is expected to be completed in 2023. Phase 2 will create a station area plan for the Lakeview, Main Street and University Place Bus Rapid Transit stations and is expected to be completed by late 2024 or early 2025.

“Staff has applied for technical assistance and is in the beginning stages of this process for Phase 1 of the Station Area Plans,” Bench said.

Before the deadline, there will need to be a Planning Commission discussion (Sept. 7), City Council discussion on the final draft (Sept. 13), Planning Commission public hearing (Sept. 21) and City Council public hearing (Sept. 27).

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