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Millcreek City Zoning Code

18.49 VILLAGE

CENTER SPECIAL DISTRICTS VCSD

18.49.010 Purpose

Village Centers are established in the General Plan as smaller centers that include a mixture of neighborhood scale commercial and residential buildings. Buildings should be designed to be compatible with the character of existing buildings within the center. A main focus for the Village Center is to encourage access to, from and within the Village Center by pedestrians and bicyclists. Village Centers should be designed in such a fashion that the preferred modes of transportation to and from the centers are walking, bicycling, and public transit. The purpose of Village Center Special District (VCSD) Zones is to advance the goals and objectives of the Millcreek General Plan to develop Village Centers consisting of master planned, architecturally designed development, with a goal to support village and urban activity centers that allow for people to live, work, shop and play in compact areas. Village Centers must contain a mix of retail commercial, office, and residential uses connected by functional open space and green space. The provisions of this chapter allow for customized zoning requirements in order to permit flexibility and initiative in site development, while adhering to the General Plan framework for Village Centers.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.49.020 Applicability And Area Requirements

  1. Considerations for Establishing a VCSD. It is the intent of Millcreek to restrict the establishment of a VCSD zone to site specific locations which facilitate the creation of Village Centers as defined in the future land use map.
  2. Minimum District Size. Each VCSD shall be a minimum of three contiguous acres in size.
  3. Minimum Open Space Requirements.
    1. Area: Each VCSD shall include publicly accessible open spaces totaling at least 15,000 square feet or 8 percent of the area of the VCSD, whichever is greater. For the purposes of determining the open space required, the area calculation should include all real property in the VCSD and shall exclude any public right-of-way existing at the time a complete application is filed.
    2. Use and Type: Open spaces may be privately owned but shall be accessible for general use by the public. The open space requirement shall be fulfilled through plazas, pocket parks, terraces, rooftop open spaces, trails abutting a waterway, or landscaped, grade separated linear paths that are at least ten feet (10’) in width and that satisfy the objectives of an adopted General Plan or master plan.
    3. Phasing: At full buildout, the VCSD shall comply with all open space requirements. A VCSD may include multiple open spaces, and open spaces may be included in multiple phases, but no single open space shall be less than 2,000 square feet in area.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.49.030 Other Zoning Regulations

The use and development of property within a VCSD zone is also subject to other applicable chapters in the zoning ordinance including but not limited to: MKZ 18.61, Sensitive Lands, MKZ 18.62, Floodplain Hazards Mitigation, MKZ 18.63, Parking and Mobility Standards, MKZ 18.64, Landscape Standards, and MKZ 18.65, Signs.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.49.040 Pre-Application Process

  1. Pre-Application Consultation. Prior to submitting a complete application, an applicant shall hold a pre-application consultation with representatives of the City.
  2. Neighborhood Meeting. At least one week prior to submitting a complete application, an applicant shall conduct a neighborhood meeting in accordance with MKZ 18.14.030.
  3. Joint Work Session of the Planning Commission and City Council. Prior to submitting a complete application and after conducting a neighborhood meeting, an applicant shall schedule with the City a joint work session of the Planning Commission and City Council. The purpose of the joint work session will be to discuss the proposed project and potential Development Agreement in conceptual detail.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025
Amended by Ord. 26-07 on 1/26/2026

18.49.050 Submittal Of An Application For A VCSD Designation

  1. To establish a VCSD Zone, an application shall be submitted for a text and zoning map amendment as provided in MKZ 18.15.010. An application for a VCSD Text Change and Zoning Map amendment shall include:
    1. Application, Narrative, and Studies. An application and associated fees shall be submitted and reviewed by staff for completeness. An incomplete application, as determined by staff, will be returned to the applicant and not be processed until all information required by the Millcreek Code of Ordinances is provided. The City will provide a checklist of application requirements. The initial application will generally consist of concept plans with the following minimum requirements:
      1. The applicant’s name, address, telephone number, email address, and interest in the property.
      2. The property owner’s name, address, email address, and telephone number, if different than the applicant, and an affidavit from the property owner consenting to the filing of the application.
      3. A property survey, legal description, property boundaries, right-of-way center lines, utility access, topographical information indicating original ground surface, and recorded easements. The survey shall also include the street addresses and legal descriptions of the subject properties.
      4. The current zoning classification, zoning district boundaries, and present use of the subject property.
      5. A written explanation of the project that describes the thematic elements of the project, the placemaking concepts, one or more signature features, design and materials, potential users, the project’s relationship to the goals for Village Centers in the General Plan, and other details that will provide reasons that the development will create a long-term benefit to the City and proposed techniques to mitigate any anticipated detrimental effects.
      6. A preliminary traffic study conducted by a qualified traffic consultant licensed to practice in the State of Utah that defines potential traffic generation, the integration of the new development with the abutting street corridors, traffic capacity/level of service issues on abutting streets and intersections and suggests mitigation solutions for anticipated traffic congestion problems. The traffic study may also address parking demands, if the applicant believes that the standards found in the MKZ 18.63, Parking and Mobility Standards, are inappropriate. Traffic and parking studies shall be commissioned by the City and paid for by the applicant.
      7. A site-specific geologic hazard study and report conducted by a qualified engineer licensed to practice in the State of Utah, if required by MKZ 18.61, Sensitive Lands.
      8. Other information the City may deem necessary, as described on the application form, for proper review and analysis of an application and its potential detrimental effects.
  2. Proposed Zone Text. A proposed zone text, which shall include proposed permitted uses and conditional uses.
  3. Use limitations. Proposed development standards, including:
    1. Land use standards establishing mix of land use types, location, and density;
    2. Lot standards establishing requirements for lot area and dimensions;
    3. Building setback standards shall include front, rear, side/interior, right-of-way line, and setbacks from parks, open space, and plazas, if applicable.
    4. Design standards addressing building height, building orientation, common and private open space, required and prohibited materials, protection of viewsheds and natural resources, architectural design;
    5. Landscaping and buffering standards;
    6. Sign standards and limitations; and
    7. Any exhibits required by the City.
  4. Schematic Site Plan and Exhibits. The Schematic Site Plan and Exhibits shall include:
    1. Location of proposed uses;
    2. Height, location, and bulk of buildings;
    3. Location, arrangement, and configuration of open space and building setbacks;
    4. Location and design of off-street parking areas;
    5. Location of nearest fire hydrants;
    6. Location, design, and size of all access points, service access, driveways, and internal circulation;
    7. Location and size of all pedestrian walkways and paths;
    8. Number, size, height, and location of all signs;
    9. Location, type, height, of all outdoor lighting, including details on luminance and lighting operational times; and
    10. Details on colors and materials.
  5. Phased Development Agreements. An application for a multi-phase village center special district may be submitted subject to a phasing plan, whereby future phases are not required to submit a schematic site plan and exhibits. Phasing plans must be submitted concurrently with the land use application. Phased developments must include 5 or more acres. The entirety of a proposed village center special district may be rezoned subject to a phasing plan; however, each future phase is subject to a Development Agreement that is approved by the City through the same procedure used for a zoning map amendment. Preliminary phasing plans are subject to the following standards:
    1. All phases must be stand-alone. No proposed phase can be dependent on the completion of subsequent phases to be consistent with any required approvals and/or conditions, including, but not limited to the looping of roads and utilities; the provision of fire flow; and the mitigation of transportation, recreation, and/or public services impacts. Site landscaping required open space, and parking improvement must be provided within each phase as required.
    2. Each phase must include a land area of two acres or greater.
    3. Phase one of development must include a Schematic Site Plan and Exhibits.
    4. Each phase including subsequent phases must be accompanied by a Development Agreement approved by the City.
    5. Subsequent phases must include a narrative description or table which describes each phase and its associated improvements.
    6. Any standard established in the adoption of a VCSD zone, including but not limited to allowed uses, building heights, materials, and residential densities, may be further limited by a Development Agreement for future phases.
    7. Phasing plan timelines must be approved by the City.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.49.060 Adoption And Amendment Of A VCSD

  1. Initial Review. In considering an application for a VCSD zone, the proposed zone text and zoning map amendments may be modified by the City to meet the intent and requirements of this Chapter and may include regulations and standards other than those proposed by the petitioner.
  2. Review of Reasonably Anticipated Detrimental Effects. Staff will assess the application to determine if any potential detrimental effects require mitigation to include the list of potential issues and standards in MKZ 18.61, Sensitive Lands that may need to be addressed and mitigated.
  3. City Council Review and Required Findings. Submittal of an application for the VCSD zone does not guarantee the application will be approved. A zoning map amendment may be approved only if the City Council, after receiving a recommendation from the Planning Commission, finds that the proposed VCSD zone and the associated schematic site plan:
    1. Does not conflict with any applicable policy and guidance of the General Plan;
    2. Will allow integrated planning and design of the site and, overall, better development than would be possible under the strict application of the City’s zoning ordinances;
    3. Does not adversely impact existing public utilities, including but not limited to power, gas, telecommunications, storm water, culinary water, or sanitary sewer.
  4. Map Designation. If a VCSD application is approved, each VCSD zone shall be given a unique name following the designation "XXXX-VCSD" and shall be independent of any other VCSD zone.
  5. Amendments. Amendments to a VCSD zone, including modifications to a Schematic Site Plan, shall be obtained by following the same procedure required for the original approval.
  6. Development Agreement. In adopting a VCSD, a Development Agreement shall be required. Development Agreements require approval by the City Council as set forth in MKZ 18.15.010 (D).
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

25-12

26-07