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03/08/2022 - Work Session - Meeting MaterialsSALT LAKE CITY COUNCIL AGENDA WORK SESSION March 8,2022 Tuesday 4:00 PM Council Work Room 451 South State Street Room 326 Salt Lake City,UT 84111 SLCCouncil.com 4:00 PM Work Session Or immediately following the 2:00 PM Redevelopment Agency Meeting No Formal Meeting Please note:A general public comment period will not be held this day.This is the Council's monthly scheduled briefing meeting.Item start times and durations are approximate and are subject to change at the Chair’s discretion. Welcome and public meeting rules In accordance with State Statute and City Ordinance,the meeting may be held electronically.After 5:00 p.m.,please enter the City &County Building through the main east entrance. The Work Session is a discussion among Council Members and select presenters.The public is welcome to listen.Items scheduled on the Work Session or Formal Meeting may be moved and /or discussed during a different portion of the Meeting based on circumstance or availability of speakers. Please note:Dates not identified in the FYI -Project Timeline are either not applicable or not yet determined.Item start times and durations are approximate and are subject to change at the Chair’s discretion. Generated:09:47:30 The Council has returned to a hybrid meeting approach.The hybrid meeting enables people joining remotely or in-person to listen to the Council meeting and participate during public comment items. Public Comments:The public can give comments to the Council during the meetings online through Webex or in-person in Room 326 of the City and County Building.In-person attendees can fill out a comment card and online participants will register through Webex in order to be added to the comment queue. Agenda &Registration Information:For more information,including Webex connection information,please visit www.slc.gov/council/virtual-meetings.(A phone line will also be available for people whose only option is to call in.) Public Health Information:Masks are no longer required in City Facilities,but are welcome for any attendees who prefer to continue using them.We will continue to monitor the situation take any reasonable precautions for the public and staff. Work Session Items 1.Informational:Updates from the Administration ~4:00 p.m. 30 min. The Council will receive an update from the Administration on major items or projects, including but not limited to: •COVID-19,the March 2020 Earthquake,and the September 2020 Windstorm; •Updates on relieving the condition of people experiencing homelessness; •Police Department work,projects,and staffing,etc.;and •Other projects or updates. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Recurring Briefing Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 2.Informational:State Legislative Briefing ~4:30 p.m. 30 min The Council will be briefed about issues affecting the City that may arise during the 2022 Utah State Legislative Session. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,February 1,2022;Tuesday,February 8,2022;Tuesday,March 1,2022; and Tuesday,March 8,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 3.Informational:Equity Update ~5:00 p.m. 20 min. The Council will hold a discussion about various initiatives led by the City's Office of Equity and Inclusion.These initiatives include,but are not limited to,improving racial equity and justice in policing.Discussion may also include updates on the City's other work to achieve equitable service delivery,decision-making,and community engagement through the Citywide Equity Plan,increased ADA resources,language access,and other topics addressed in the ongoing work of the Human Rights Commission and the Racial Equity in Policing Commission. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Recurring Briefing Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 4.Informational:Sustainability Updates ~5:20 p.m. 30 min The Council will receive briefing on three Sustainability initiatives,each relating to customer electricity service in the City:the Community Renewable Energy Agency & program (CREA),as well as two planning documents related to the City's proposed franchise agreement renewal with Rocky Mountain Power (RMP).The focus of this briefing will be on the CREA and RMP planning documents,and not the RMP franchise agreement. The renewable energy program is expected to have ratepayer impacts to Salt Lake City electricity users.The two planning documents noted above could result in fiscal impacts to the City. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 8,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 5.Ordinance:Homeless Resource Center and Homeless Shelter Text Amendments ~5:50 p.m. 30 min. The Council will receive a briefing about a proposal that would amend the Salt Lake City Zoning Code by removing Homeless Resource Centers and Homeless Shelters as conditional uses from the land use tables for the CG General Commercial,D-2 Downtown Support,and D-3 Downtown Warehouse/Residential Zoning Districts,modify 21A.33.010 to clarify when listed land uses are prohibited,modify the applicability section of 21A.36.350 Qualifying Provisions for Homeless Resource Centers and Homeless Shelters,and modify the definitions of homeless resource centers and homeless shelters in 21A.62. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 8,2022 Set Public Hearing Date -Tuesday,March 1,2022 Hold hearing to accept public comment -Tuesday,March 22,2022 at 7 p.m. TENTATIVE Council Action -TBD 6.Dinner Break ~6:20 p.m. 30 min. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -n/a Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a 7.Informational:2021 Accessory Dwelling Unit Annual Report ~6:50 p.m. 30 min. The Council will receive a briefing about the 2021 Accessory Dwelling Unit (ADU)annual report.The annual report includes the number of applications,addresses for each application submitted,and a brief explanation of reasons any applications for an ADU was denied. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,March 8,2022 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -n/a Standing Items 8.Report of the Chair and Vice Chair Report of Chair and Vice Chair. 9.Report and Announcements from the Executive Director - - Report of the Executive Director,including a review of Council information items and announcements.The Council may give feedback or staff direction on any item related to City Council business,including but not limited to; •Mosquito Abatement Subcommittee; •Residents for Watershed Conversation Group;and •Scheduling Items. 10.Closed Session - - The Council will consider a motion to enter into Closed Session.A closed meeting described under Section 52-4-205 may be held for specific purposes including,but not limited to: a.discussion of the character,professional competence,or physical or mental health of an individual; b.strategy sessions to discuss collective bargaining; c.strategy sessions to discuss pending or reasonably imminent litigation; d.strategy sessions to discuss the purchase,exchange,or lease of real property, including any form of a water right or water shares,if public discussion of the transaction would: (i)disclose the appraisal or estimated value of the property under consideration;or (ii)prevent the public body from completing the transaction on the best possible terms; e.strategy sessions to discuss the sale of real property,including any form of a water right or water shares,if: (i)public discussion of the transaction would: (A)disclose the appraisal or estimated value of the property under consideration;or (B)prevent the public body from completing the transaction on the best possible terms; (ii)the public body previously gave public notice that the property would be offered for sale;and (iii)the terms of the sale are publicly disclosed before the public body approves the sale; f.discussion regarding deployment of security personnel,devices,or systems;and g.investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code §78B-1-137,and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act. CERTIFICATE OF POSTING On or before 5:00 p.m.on Thursday,March 3,2022,the undersigned,duly appointed City Recorder, does hereby certify that the above notice and agenda was (1)posted on the Utah Public Notice Website created under Utah Code Section 63F-1-701,and (2)a copy of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any others who have indicated interest. CINDY LOU TRISHMAN SALT LAKE CITY RECORDER Final action may be taken in relation to any topic listed on the agenda,including but not limited to adoption,rejection,amendment,addition of conditions and variations of options discussed. The City &County Building is an accessible facility.People with disabilities may make requests for reasonable accommodation,which may include alternate formats,interpreters,and other auxiliary aids and services.Please make requests at least two business days in advance.To make a request, please contact the City Council Office at council.comments@slcgov.com,801-535-7600,or relay service 711. Administrative updates March 8, 2022 COVID 19 update Current status Salt Lake County is now in the "moderate" transmission category with 13 other counties. There are still 10 Utah counties in "high" transmission. In SLCo, 30.82% of kids aged 5 -11 are fully vaccinated, up from 30.4% last week. In SLCo, 66.97% of kids aged 12 -17 are fully vaccinated, up from 66.74% last week. Citywide vaccination average = 68.78% (68.68% on March 1) Zip % fully vaccinated 1.25 2.1 2.8 2.15 3.1 3.8 84101 80.28 80.70 81.27 81.69 82.40 82.50 84102 61.86 62.08 62.27 62.56 62.74 62.82 84103 72.95 73.14 73.32 73.60 73.80 73.85 84104 51.87 52.23 52.68 53.15 53.71 53.94 84105 72.63 72.81 73.01 73.19 73.34 73.39 84106 66.53 66.81 67.06 67.40 67.67 67.78 84108 73.23 73.38 73.51 73.68 73.83 73.91 84109 74.34 74.65 74.89 75.11 75.34 75.39 84111 71.44 71.91 72.34 72.93 73.42 73.54 84115 61.43 61.82 62.17 62.49 62.92 63.08 84116 54.55 54.90 55.36 55.78 56.29 56.46 www.slc.gov/feedback/ Regularly updated with ways to engage with the City. Community Engagement Highlights Engagement Effort Lead Department / Division Status Urban Forest Action Plan Planning / Urban Forestry Active, Survey Open Affordable Housing Overlay​Planning​Active, Public Engagement Thriving In Place​Community and Neighborhoods Survey is Open and Website is live at thrivinginplaceslc.org Glendale Water Park​Public Lands / Parks​Active, Public Engagement​. Survey opening by the end of March. Ballpark Station Area Plan​Planning​Active, Public Comment Period​ Shelter Zoning​Planning​Removal -@ Council / ​Rewrite -Coming​ Northpoint Small Area Plan Update​Planning​Ongoing Community Engagement, Public comment in next 2-3 months​ Downtown Plan Implementation​Planning​Public Input Phase, draft ordinance in next month. Followed by adoption process. ​ 1300 East Reconstruction Transportation Continuing meetings with stakeholders (met with Sugar House Park Authority and PRATT last week) Highland Drive Active Transportation Transportation Coordinating with Sugar Alley Developers Foothill Drive Improvements Transportation Coordinating with Ellen Reddick and EBCC Chair on UDOT’s concept report 200 South Reconstruction Transportation Block-level, stakeholder meetings are occurring this week 1100 East Reconstruction Transportation Survey closed, setting up follow-up meetings with ELPCO and business owners on the corridor Local Link Study Transportation Recently gave a presentation to Millcreek City (2/28) Engagement Effort Lead Department / Division Status 2700 South Restriping Transportation Public outreach efforts (webpage, flyers, Community Council meetings, etc.) will begin soon on this upcoming resurfacing project 400 South Bus Stop Improvements Transportation Poplar Grove Community Council meeting was last week, email outreach is on - going, and yard signs and postcards will be out this week UTA On Demand service Transportation Yard signs were placed throughout the service area (Westside neighborhoods) last week UTA (All Service)Transportation The comment period for August 2022 Change Day is now open (significant changes planned for the bus network within Salt Lake City) 900 South Reconstruction/9-Line Trail Transportation Transition from design to construction engagement, construction begins in April 300 North Bridge Transportation Contractor’s public engagement consultant is sending weekly emails (noisiest part of construction is over) Avenues Streets Restriping Transportation Online surveys and Community Council meetings about five street redesign opportunities (Virginia, B, 3rd, 11th, Terrace Hills) will be available soon Community Renewable Energy Program -Plan for Low-Income Assistance Sustainability Hosted informational meetings the first week of March for community partners to work on policies, communications plan, survey distribution, and hosting community meetings Resident Food Equity Advisors Sustainability The department is seeking applications through March 6th for the next cohort to begin in mid-April. Homelessness Update: HRC and Overflow Occupancy February 28th –March 4th STH -1000 West Men's HRC STH -King Women's HRC STH -Miller Mixed HRC Total St Vincent de Paul Shelter Capacity 300 200 200 700 Avg number of beds occupied/night 284 193 199 676 64 Avg number of beds unoccupied/night 16 7 1 24 Avg % of beds occupied/night 94.7%96.7%99.4%96.6% Avg % of beds unoccupied/night 5.3%3.3%0.6%3.4% Cleaning and Abatement -No abatements this week due to weather -Jordan River will be the priority due to increased needs Resource Fair Friday Mar 11th 9:30-12:30 @ Day Riverside Library Resources -801-990-9999-HRC's -Weigand Center-Day Services -St. Vincent de Paul-Lunch/ Dinner -A Place for Your Stuff (free storage) -St. Vincent de Paul overnight shelter -Former Ramada overnight shelter -Transportation to alternative options from camps Homelessness update Homelessness Overflow Shelter status 801-990-9999 •St. Vincent de Paul-open nightly Increased capacity to 80 beds •Scattered Motel Rooms -24/7-referral only from HRC's •High Needs Temporary Housing Program (formerly the Ramada Inn motel rooms)-referral- only hotel rooms for elderly and medically vulnerable people -open 24/7 150 people •Redwood Overflow Beds (formerly the Ramada Inn common areas) - open nightly from 7pm –6:30am •The best way to access emergency shelter beds is:801-990-9999 SLVCEH M.V.P. Housing Program Proposal -Current Ramada program is template for this proposal -200+ beds -Purchase & Renovate an existing motel/ hotel property -Focus on individual rooms for those who are: •Aging •Medically frail •Needing recuperative care •Experiencing underlying health condition, or with a compromised immune system Medically Vulnerable People Housing Program Department of Sustainability Renewable Energy Update Salt Lake City Council Work Session March 8, 2022 Agenda •SLC’s clean energy and climate goals •Community Renewable Energy Program –timeline and Council collaboration •Salt Lake City and Rocky Mountain Power •Clean Energy Cooperation Statement •Clean Energy Implementation Plan Salt Lake City’s clean energy and climate goals •Achieve an amount equivalent to 100% of the annual electric supply for participating customers from renewable energy source by 2030 •Achieve 100% renewable energy for municipal operations by 2032 •Reduce community greenhouse gas emissions 80% by 2040 (from 2009 baseline) 2016 2019 How do we implement the City’s renewable energy goals? •The Community Renewable Energy Program (Agency communities, RMP) – Many elements and timelines dictated by state law and code •Salt Lake City’s relationship with Rocky Mountain Power (RMP) •Clean Energy Cooperation Statement •Clean Energy Implementation Plan Community Renewable Energy Program Public Service Commission 15 Communities = CREA Elected Officials Community Organizations Industry & Business Residents CREA Board Rocky Mountain Power Utah Div of Pub Util Utah Office of Cons Svcs Community Renewable Energy Program Program Estimated Timeline –Subject to Change Administration Council JAN ‘22 MAR ‘23 Agency Finalize SLC Low-Income Plan (May) Agency attorney intervenes in Program Application Docket (Jul – Dec) Agency drafts ordinance (Feb) Mayor signs Utility Agreement (Jul) Ask for informal feedback on ordinance language (Apr) Informal Input Requested Share final ordinance lang. (May)FYI RMP submits program application on behalf of Agency (Jul) Transmit ordinance w Approved Program as backup (Jan ‘23)Transmittal Vote on proposed ordinance language (May) Vote on Utility Agreement –fees, notices, consultant costs (Jun) Offer Council informational briefing on Utility Agreement (Jun)FYI Council adopts ordinance 90 days from PSC approval (Mar ‘23) Council Members distribute SLC’s Community Energy Survey? (Apr) Sustainability represents SLC in Program Application docket (Jul – Dec) FYI Agency Recommended Schedule of Council/Commission Briefings or Action (subject to change) Month Topic Desired Outcome April 2022 Briefing on required ordinance Informal feedback on ordinance language April 2022 Council Members distribute Community Energy Survey?Wider survey responses May 2022 Briefing on Utility Agreement Informal feedback on Utility Agreement June 2022 Present final Utility Agreement for vote and/or administrative signature (depending on municipal practice) Utility Agreement signed by participating communities Aug 2022 Briefing on submitted Program Application Familiarity with Program as submitted Jan 2023 Briefing on approved Program and transmit ordinance for a vote Familiarity with Program as approved Mar 2023 Vote on ordinance Adopt ordinance within 90 days of Program approval to finalize participation 8 Public Outreach Ask Me Anything –May 2021 Low-income stakeholder meeting –Aug 2021 Business stakeholder meeting –Sep 2021 •Scientific survey –Mar 2022 •Community partner engagement –Mar to May 2022 •Low-Income Plan policies development •Communications Plan development •Community meetings •Community survey –April to May 2022 •Publicize final program details –Jul to Dec 2022 •Website •Summer tabling •Informational town halls •Council ordinance public process –Jan ‘23 to Mar ‘23 Salt Lake City + Rocky Mountain Power Clean Energy Cooperation Statement Clean Energy Implementation Plan SLC-RMP Clean Energy Documents •Clean Energy Cooperation Statement •Signed by Mayor and RMP CEO (non-binding) •Identifies City goals and general areas where the City would like RMP’s collaboration to achieve the goals •Clean Energy Implementation Plan •Not signed (jointly agreed to by RMP and Sustainability staff) •Does not obligate City to appropriate money •Could identify projects that would benefit from appropriations via budget process •Annual updates posted to Sustainability website Cooperation Statement Implementation Plan Cooperation Statement |Implementation Plan |Franchise Agreement Administration Council JAN 22 DEC 22 Transmit Franchise Agreement to Council for its consideration (no later than Jul) Mayor and RMP sign Clean Energy Cooperation Statement and publicity (Mar -Apr) Council vote on Franchise Agreement (no later than Sep) Sustainability requests Council input on possible Implementation Plan projects (Apr -Jul) Sustainability Department and RMP agree on Implementation Plan (no later than Oct) Transmittal Informal Input Requested FYI COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: March 8, 2022 RE:Text Amendment: Prohibition on Homeless Resource Centers and Homeless Shelters PLNPCM2021-01033 PROJECT TIMELINE: Briefing: March 8, 2022 Set Date: March 1, 2022 Public Hearing: March 22, 2022 Potential Action: April 5, 2022 ISSUE AT-A-GLANCE The City Council will be briefed on a proposal that would prohibit homeless resource centers and homeless shelters in the city by removing the uses from land use tables in the CG, D2 and D3 zoning districts. According to Planning staff, this is not meant to be a permanent prohibition. It’s the first of three planned phases to help the City establish an updated process for locating shelters and HRCs. Mayor Mendenhall initiated the pending ordinance rule with this petition on October 4, 2021. The pending ordinance rule allows the City to hold any application for a homeless resource center or homeless shelter for a period of 180 days pending a change in City code. This applies to any application that is submitted starting on the day the petition is initiated. The 180-day period expires April 2, 2022. Last week the Utah Legislature approved HB 440 Homeless Services Amendments. One component of this bill requires cities in Salt Lake County, through the Conference of Mayors, to come up with a winter overflow plan by September 1, 2022. The ordinance that is now before the Council was forwarded before that legislation was adopted by the State and has been going through the standard planning process for the last few months. The Council hasn’t had opportunity to have a discussion since legislative session ended. This briefing will provide the Council an opportunity to consider this text amendment in context of the recently adopted legislation. This is discussed further below, item #4 in Potential Options / Outcomes. Page | 2 When the Mayor initiated the pending ordinance, it included three parts. Part 1 - Prohibit new, future homeless shelters or homeless resources centers in all zoning districts in the city - Current Transmittal Part 2 - Modify the conditional use standards for homeless shelters or homeless resource centers. Part 3 - Distinguish between temporary overflow shelters and permanent shelters and homeless resources centers that operate year-round and potentially allow temporary overflow homeless shelters in certain zones. Parts 2 and 3 are in the engagement process and will be going to the Planning Commission in the coming months. This zoning amendment (Part 1) would do the following: Remove Homeless Resource Centers and Homeless Shelters as conditional uses from the land use tables for the CG General Commercial, D-2 Downtown Support, and D-3 Downtown Warehouse/Residential Zoning Districts. Clarify when listed land uses are prohibited. Modify the applicability section of 21A.36.350 Qualifying Provisions for Homeless Resource Centers and Homeless Shelters. Modify the definitions of homeless resource centers and homeless shelters in 21A.62. Planning staff recommended removing homeless resource centers and homeless shelters from the land use tables because they found it was “necessary for the city to develop appropriate regulations that can appropriately consider the impact to surrounding neighborhoods, city resources and services, and the needs of people experiencing homelessness in the city” and it would give “the city the time to develop future regulations and approval processes without the need to respond to any proposed homeless resource center or homeless shelter.” The Planning Commission forwarded a negative recommendation for Part 1 of this petition primarily because they were concerned there was no timeline established to replace the conditional use process (Parts 2 and 3). See page 5 for more information on public comments received in the process so far. Potential Options / Outcomes 1. If the City Council adopts the ordinance. a. Homeless Shelters and Homeless Resources Centers will not be permitted in the city. b. Parts 2 and 3 will come to the Council for consideration in the coming months. The Council could have a public process and consider or adjust any proposal for Parts 2 and 3 as part of the regular Council process. 2. If the Council rejects the ordinance. a. Homeless Shelters and Homeless Resources Centers will again be permitted in the city as a conditional use in the CG, D2 and D3 zoning districts (see attached map). b. Someone could apply to build/operate a shelter or HRC i. The City would have to process the conditional use application under the current standards, which is a planning commission review process. Page | 3 3. Let the pending ordinance expire without acting. a. Homeless Shelters and Homeless Resources Centers will again be permitted in the city as a conditional use in the CG, D2 and D3 zoning districts. b. Someone could apply to build/operate a shelter or HRC i. The City would have to process the conditional use application under the current standards, which is a planning commission review process. 4. Ask the Planning Staff / Attorney’s Office if there are other options that could be considered to help preserve the City’s options. a. Work with the Administration to determine if the Council could adopt an ordinance that would prohibit Shelters and HRCs and include a provision that would expire on a date to be determined and must come back to the Council to renew it and reconsider to make permanent. i. This would allow for a true pause in any additional shelters in Salt Lake City while the conversation with other Mayors in the County takes place. b. In addition to this ordinance, the Council could consider adopting a resolution expressing support for the process outlined in the recently adopted State legislation that requires Salt Lake County cities to come up with a plan to address temporary overflow during the winter months by September 1. Policy Questions The Council may wish to ask how the legislative action adopted by the Council in November 2021 will be included in the research and review process for Parts 2 and 3 of this issue. (see paragraph below) The Council may wish to ask what the anticipated timeline is for Parts 2 and 3 to be processed and forwarded to the Council for consideration. The Council may wish to ask for the administration to provide an overview of potential changes to the conditional use process that Parts 2 of the petition will address. The Council may wish to discuss with the Administration if recent state legislation impacts this proposal. Council Initiated Legislative Action On November 16, 2021, the Council adopted the following legislative intent, when adopting the ordinance that permitted the temporary shelter on North Temple and Redwood Road. I further move the Council initiate a legislative action asking the Administration review and come back with recommendations for prohibiting temporary shelters until other jurisdictions in Salt Lake County permit them. On page 2 of the Transmittal Letter, Planning staff noted this amendment relates directly to the section of City code being revised with these petitions. Additionally, on page 6 on the Planning Commission staff report, staff noted this would require “identifying some criteria for evaluating when Page | 4 other jurisdictions have accomplished this. This likely requires the gathering of data and researching other jurisdiction zoning regulations so that information can be used to establish the criteria. This also requires creating some sort of process to determine when the criteria have been satisfied…” The Council’s legislative action can be factored into the research and drafting process for Parts 2 and 3 of the petition. Parts 2 and 3 of the Petition According to the Planning Commission staff report, Mayor Mendenhall initiated a petition to amend the zoning ordinance as it relates to Homeless Resource Centers and Homeless Shelters, and it was divided up into three parts. Staff felt Parts 2 and 3 would need a more thorough discussion with stakeholders and therefore they did not process them with Part 1, currently before the Council. Pages 5-6 of the Planning Commission’s report provides the following discussion pertaining to the next stages of work that will be done for this issue. Part 2 - Modify the conditional use standards for homeless shelters or homeless resource centers. Part 3 - Distinguish between temporary overflow shelters and permanent shelters and homeless resources centers that operate year-round and potentially allow temporary overflow homeless shelters in certain zones. o Updating the conditional use standards may not be sufficient to address the full range of impacts, needs, and considerations that are associated with siting, operating, and responding to the variety of needs for these uses. o It is possible that a different process will be used that puts the final decision-making authority on new homeless resource centers and homeless shelters with the City Council. o Options being considered include the use of development agreements and an overlay zone that would be mapped (zoning map amendment) as part of the approval process for future homeless resource centers. As these would be new regulations and processes, it likely requires fairly well researched regulations and discussions with a wider variety of stakeholders. It would be necessary to include not just residents and business owners, but also service providers and other government agencies, including the State of Utah. Key Considerations The planning commission staff reported noted four key considerations. Below is a short summary of those consideration. 1. The Conditional Use Process State code dictates the conditional use process. The conditional use process is intended to identify impacts to surrounding properties and provide a process to mitigation them, according to standards outlined in City ordinance. Page | 5 The Planning Commission reviews conditional uses in the city. Concerns have been raised that the Planning Commission is not able to consider other factors that have an impact on City services such as public safety, fire, EMS. Therefore, Part 2 of this petition will consider modifications to the conditional use standards for homeless shelters or homeless resource centers. 2. Impact to Existing Homeless Resource Centers and Homeless Shelters Existing homeless resource centers and homeless shelters would technically become nonconforming uses with this change. This does not mean that the conditional approval goes away, it would still apply. A technical change will be made that ensures they are still identified as a conditional use. 3. When will Items 2 and 3 be discussed? Planning Staff has begun researching and drafting Parts 2 and 3 of this petition. It is possible that a different process will be used that puts the final decision-making authority on new homeless resource centers and homeless shelters with the City Council. Options being considered include the use of development agreements and an overlay zone that would be mapped (zoning map amendment) as part of the approval process for future homeless resource centers. These changes will require well researched regulations and discussions with a wider variety of stakeholders. It would be necessary to include not just residents and business owners, but also service providers and other government agencies, including the State of Utah. The Councill’s Legislative Intent, which will require identifying criteria and a process for when that criterion has been satisfied, will also be part of this process. 4. Community Engagement Please see pages 4-8 of the Planning Commission staff report for full analysis See public process section below The 180-day pending ordinance doctrine and time of year were impediments to good community engagement. This is a major factor in the Planning Division in dividing the proposal into different parts. The Planning Commission reviewed and forwarded a negative recommendation for Part 1 of the petition Parts 2 and 3 of the petition will be considered in the coming months. Public Process A summary of the public process is outlined on pages 2-3 of the Transmittal Letter. The text amendment went through the required 45-day notice to all recognized organizations. A virtual public forum was held with community councils. Page | 6 Planning staff met with homeless service providers to discuss the proposal on January 4, 2022 On January 6th a community forum in Spanish was conducted. The Planning Commission held the public hearing on January 12, 2022. Comments have generally been a mix of support and opposition to the proposal. See Attachment E of the Planning Commission staff report to review the submitted comments. The transmittal letter notes an underlying theme of the public comment was the need to act quickly to have an updated process to allow homeless resource centers in the city. Some have said that removing Shelters/HRCs as an allowed use, even for a short time, will have an impact on planning and fundraising for service providers. Some encouraged the process to spread the uses throughout the city, while others supported the uses to be proximate to needed services. Others expressed concerns about nuisance impacts shelters can have on a neighborhood where they are located. The Planning Commission adopted a motion to reject Part 1 of this petition, primarily because they were concerned there was no timeline established to replace the conditional use process. Council Public Engagement A project website for the public to follow this issue has been posted on the Council Website. It will be updated as new information becomes available. Staff included information on this petition in the email updates and social media and sent out an email blast to stakeholders, with the days and times for the work session briefing and public hearing and links to the website. City Council HOMELESS RESOURCE CENTER AND HOMELESS SHELTER CODE CHANGES •Better process for approving permanent HRCs/Shelters •Improve regulations •Create a process/regulations for emergency shelters GOALS Salt Lake City // Planning Division •Three parts: •Prohibit the uses in the City for the time being •Update regulations and the approval process •Recognize difference between permanent and temporary PROPOSAL Salt Lake City // Planning Division Only impacts the CG, D2, D3 zoning districts PART 1: PROHIBIT THE USES FOR THE TIME BEING Salt Lake City // Planning Division What happens to existing facilities? •Can continue to operate •Does not impact temporary shelters already approved PART 1: PROHIBIT THE USES FOR THE TIME BEING Salt Lake City // Planning Division •Pending ordinance notice •Applies for 180 Days •April 2, 2022 •Can pause any proposed application PART 1: PROHIBIT THE USES FOR THE TIME BEING Salt Lake City // Planning Division What happens if no changes are adopted within 180 days? •Anyone could propose a new shelter/resource center in the CG, D2, D3 zoning district •City would have to accept it and process •Would be limited to the existing regulations PART 1: PROHIBIT THE USES FOR THE TIME BEING Salt Lake City // Planning Division City Council PART 2: UPDATE PROCESS AND REGULATIONS Process •Pros and cons •Options •Conditional use process •Overlay zone •Zoning map amendment to authorize new centers •Floating zone •Certain milestones met before regulations go into effect PART 2: UPDATE THE PROCESS Salt Lake City // Planning Division •Site specific and operational requirements •Safety •Impacts to nearby properties •Impact to city services •Improved reporting PART 2: UPDATE REGULATIONS Salt Lake City // Planning Division Timeline •Internal Evaluation: March 2022 •Stakeholder Initial Engagement: April 2022 •Draft proposal: April/May 2022 •Public Input: May/June 2022 •Planning Commission: June 2022 •Council: after June 2022 PART 2: UPDATE REGULATIONS Salt Lake City // Planning Division City Council PART 3: TEMPORARY AND SEASONAL (AND HB 440) City Council Legislative Intent PART 3: TEMPORARY SHELTERS Salt Lake City // Planning Division •HB 440 will impact what the city does •Rotation of hosting •Plan in place before September 2022 •Flexing of existing beds if no plan City should consider consistent regulations PART 3: TEMPORARY SHELTERS Salt Lake City // Planning Division •Differentiate the use from permanent •Seasonal •Time limited •Establish criteria (Pre HB440) •City share vs county share •Impacts to city resources •Impacts to neighbors •What happens when the use is not operating? PART 3: TEMPORARY SHELTERS Salt Lake City // Planning Division Timeline (pre HB 440) •Community input: February/March 2022 •Update proposal: April 2022 •Public Input: May 2022 •Planning Commission: June 2022 •Council: after June 2022 PART 3: TEMPORARY SHELTERS Salt Lake City // Planning Division ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: February 10, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2021-01033 Homeless Resource Center and Homeless Shelter Text Amendments STAFF CONTACT: Nick Norris, Planning Director, nick.norris@slcgov.com or 801-535-6173 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council consider the recommendation from the Planning Commission to deny the proposal to prohibit homeless resource centers and homeless shelters by removing the uses from the land use tables in the CG, D2, and D3 zoning districts. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This proposal was initiated by Mayor Erin Mendenhall in October 2021. The initiation included three parts: 1. Prohibit new, future homeless shelters or homeless resources centers in all zoning districts in the city. 2. Modify the conditional use standards for homeless shelters or homeless resource centers, and 3. Distinguish between temporary overflow shelters and permanent shelters and homeless resources centers that operate year-round and potentially allow temporary overflow homeless shelters in certain zones. This transmittal only includes part 1. Parts 2 and 3 are in the engagement process and will be going to the Planning Commission in the coming months. They are not part of this proposal. Lisa Shaffer (Feb 11, 2022 12:02 MST)02/11/2022 02/11/2022 Part 1 would remove homeless resource centers and homeless shelters from the land use tables by deleting the “C” (indicating a use is a conditional use) in the land use tables for the CG General Commercial, D2 Downtown Support, and D3 Downtown/Warehouse Residential Zoning Districts. If approved, homeless resource centers and homeless shelters would not be allowed in any zoning districts in the city. The uses also include a footnote to a qualifying provision that follows each land use table. The footnote references a provision in Utah Code that has been removed from Utah Code by the Utah Legislature. The footnote would be deleted as part of this proposal. This proposal includes some changes to Zoning Ordinance section 21A.36.350. The purpose of these changes is to ensure that the existing regulations would apply to existing homeless resource centers. The current language says that it applies to conditional uses. If the conditional use is removed, then this wording needs to change so it would still apply. This section is likely to be modified during part 2 of this proposal. The City initiated the pending ordinance rule with this petition. The pending ordinance rule allows a city to hold any application for a homeless resource center or homeless shelter for a period of 180 days pending a change in city code. This applies to any application that is submitted starting on the day the petition is initiated. The petition was initiated on October 4, 2021. The 180-day period expires on April 2, 2022. If the proposal or a modified version of the proposal is adopted by April 2, 2022, any application that is submitted during the 180 period would be denied because a homeless resource center and homeless shelter would no longer be allowed. Alternatively, if a modified version is adopted, an application that complied with the modified version may be processed and an application that did not comply would be denied. If no changes are adopted by the 180-day deadline, the existing regulations go back into effect, and any open applications would be processed under the current regulations. In November 2021 the City Council adopted a motion that initiated a petition that asked the administration to review and come back with recommendations for “prohibiting temporary shelters until other jurisdictions in Salt Lake County permit them.” The initiation request from Mayor Mendenhall and this one from the City Council are directly related to what would be the same provisions in city code. Therefore, it is challenging to separate each request into a different proposal. This proposal (to remove the uses from the land use table) does accomplish the City Council request because it would prohibit any future shelter or resource center until such time as the City Council adopts new regulations for either permanent or temporary shelters. If this proposal is adopted, it does not prohibit the City Council from initiating temporary land use regulations but would prevent any other entity from submitting a conditional use for either a permanent or temporary/season shelter. PUBLIC PROCESS: The proposed changes were outlined in a public information document and made available to the public on November 16, 2021. A notice was sent to all registered, recognized community organizations via email on the same date. This started the 45-day public engagement period required by city code. The 45-day public engagement period ended on January 1, 2022. This date only identifies the end date of the 45-day engagement period and public input is still being accepted. During the 45-day period a group of community councils hosted a virtual public forum where the proposal was discussed, and people had the opportunity to ask questions. Information about the number of attendees has not been provided to the Planning Division as of the date of this transmittal. A transcript of the questions that were submitted through the Q/A function of the virtual meeting platform has also not been provided. The questions and comments submitted indicated a mixed level of support. Some people were in support of part 1 of the proposal, while others felt that removing the uses without a more solid proposal to allow the uses in the future was harmful to those experiencing homelessness. In the opinion of the Planning Division, most people supported the idea of updating the process and the regulations, but they don’t want to harm the people without homes, the service providers, or the surrounding community. Two written comments were submitted to the Planning Division prior to the production date of the staff report. The comments came from a group of community councils and from The Road Home. Those comments can be found in the Planning Commission staff report. The Planning Division also met with homeless service providers to discuss the proposal on January 4, 2022. The service providers are concerned that removing the uses jeopardizes their ability to take advantage of available resources that can help provide services and are concerned that changes to the regulations will make it more difficult for the providers to shelter the homeless. A summary of that meeting is also discussed in the Planning Commission staff report. On January 6th, the community hosted a similar community forum in Spanish. This forum was essentially the same as the one held on December 16th. The forum was moderated, and questions and answers were provided by a Spanish speaking staff member of the Community and Neighborhoods Department. A transcript has not been provided to the Planning Division, but similar questions and issues were raised during this forum as were raised in the December 16th forum. The Planning Commission held a public hearing on January 12, 2022. The public hearing was posted on the Planning Division website, the Utah Public Notice website, and shared through the Planning Division email listserv. No entities have requested mailed notice of this proposal and no mailed notice was provided. Service providers were provided with an email notice of the hearing. Written comments were provided to the Planning Commission and several people spoke during the public hearing. The comments were mixed and ranged from support for the proposal to opposition to the proposal. The minutes of the Planning Commission meeting are linked in this document and provide a summary of the comments made. One underlying theme of the public comment was the need to act quickly to have an updated process to allow homeless resource centers in the city. Some encouraged the process to spread the uses throughout the city, while others supported the uses to be proximate to needed services. After the public hearing, the Planning Commission was also mixed on the proposal and debated the right direction to go. The Commission ended up adopting a motion to reject part one of the proposal, primarily because they were concerned there was no timeline established to replace the conditional use process. Planning Commission (PC) Records a) PC Agenda of January 12, 2022 (Click to Access) b) PC Minutes of January 12, 2022 (Click to Access) c) Planning Commission Staff Report of January 12, 2022 (Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Original Petition 4) Public Comment Received after Planning Commission Staff Report was Published SALT LAKE CITY ORDINANCE No. _____ of 2022 (An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to homeless resource center and homeless shelter text amendments) An ordinance amending various Sections of Title 21A of the Salt Lake City Code pertaining to homeless resource center and homeless shelter text amendments pursuant to Petition No. PLNPCM2021-01033. WHEREAS, on October 4, 2021, Mayor Erin Mendenhall (the “Mayor”) initiated a petition, Petition No. PLNPCM2021-01033, to consider, among other things, a text amendment to the Salt Lake City Code to prohibit new future homeless shelters or homeless resources centers in all zoning districts in the city; WHEREAS, the Mayor initiated the petition pursuant to City ordinance, thereby, invoking the pending ordinance doctrine recognized by Utah Code Section 10-9a-509 to prohibit new homeless shelters and homeless resource centers in the city; WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a public hearing on January 12, 2022 to consider the aforementioned portion of the request initiated by the Mayor to amend the Salt Lake City Code to prohibit new homeless shelters and homeless resource centers within the city; and WHEREAS, at its January 12, 2022 hearing, the Planning Commission voted to forward a negative recommendation on the proposal related to the petition before it; and WHEREAS, the Salt Lake City Council desires, for the time being, to prohibit new homeless shelters and homeless resource centers; and WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this matter, that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Text of Salt Lake City Code Subsection 21A.33.010.C. That Subsection 21A.33.010.C of the Salt Lake City Code shall be and hereby is amended to read as follows: C. Uses Not Permitted: Any use not specifically permitted or conditionally permitted in the table of permitted and conditional uses for the specific zoning district is prohibited. Only uses listed as a “P” or a “C” in the table of permitted and conditional uses for a district shall be allowed where designated. SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended to modify only the following rows in the table which shall read and appear in that table as follows: 21A.33.030: TABLE OF PERMITTED AND CONDITIONAL USES FOR COMMERCIAL DISTRICTS: USE CN CB CS1 CC CSHBD1 CG SNB Homeless Resource Center Homeless Shelter SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.030. That the “Qualifying Provisions:” of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended to remove qualifying provision number “21” and designate qualifying provision 21 as “reserved” as follows: Qualifying Provisions: 21.[Reserved.] SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended to modify only the following rows in the table which shall read and appear in that table as follows: 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS: USE D-1 D-2 D-3 D-4 Homeless Resource Center Homeless Shelter SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.050. That the “Qualifying Provisions:” of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended to remove qualifying provision number “15” and designate qualifying provision 15 as “reserved” as follows: Qualifying Provisions: 15. [Reserved]. SECTION 6. Amending the Text of Salt Lake City Code Subsection 21A.36.350.A and the title of section 21A.36.350. That Salt Lake City Code Subsection 21A.36.350.A and the title of Section 21A.36.30 shall be and hereby is amended to read as follows: 21A.36.350: REGULATIONS FOR HOMELESS RESOURCE CENTERS AND HOMELESS SHELTERS: A. A homeless resource center or homeless shelter located within the city shall comply with the following regulations. Any homeless resource center or homeless shelter approved as a conditional use shall comply with these regulations and the requirements of the approved conditional use. SECTION 7. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code (Definitions of Terms) shall be and hereby is amended to modify the definition of “homeless resource center” and “homeless shelter” which shall read and appear as follows: HOMELESS RESOURCE CENTER: An establishment in which co-located supportive services such as sleeping, bathing, eating, laundry facilities, and housing case management is provided on an emergency basis for individuals experiencing homelessness. Additional services may include preparation and distribution of food; medical care and treatment; behavioral and mental health counseling; employment counseling; educational instruction, and vocational training. HOMELESS SHELTER: An establishment in which sleeping accommodations are provided on an emergency basis for individuals experiencing homelessness. SECTION 8. Effective Date. This Ordinance shall take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3- 713. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2022. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2022. Published: ______________. 1/31/2022 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2022 2 3 (An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to 4 homeless resource center and homeless shelter text amendments) 5 6 An ordinance amending various Sections of Title 21A of the Salt Lake City Code pertaining to 7 homeless resource center and homeless shelter text amendments pursuant to Petition No. 8 PLNPCM2021-01033. 9 WHEREAS, on October 4, 2021, Mayor Erin Mendenhall (the “Mayor”) initiated a 10 petition, Petition No. PLNPCM2021-01033, to consider, among other things, a text amendment to 11 the Salt Lake City Code to prohibit new future homeless shelters or homeless resources centers in all 12 zoning districts in the city; 13 WHEREAS, the Mayor initiated the petition pursuant to City ordinance, thereby, invoking 14 the pending ordinance doctrine recognized by Utah Code Section 10-9a-509 to prohibit new 15 homeless shelters and homeless resource centers in the city; 16 WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a 17 public hearing on January 12, 2022 to consider the aforementioned portion of the request initiated by 18 the Mayor to amend the Salt Lake City Code to prohibit new homeless shelters and homeless 19 resource centers within the city; and 20 WHEREAS, at its January 12, 2022 hearing, the Planning Commission voted to forward a 21 negative recommendation on the proposal related to the petition before it; and 22 WHEREAS, the Salt Lake City Council desires, for the time being, to prohibit new 23 homeless shelters and homeless resource centers; and 24 WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this 25 matter, that adopting this ordinance is in the city’s best interests. 26 LEGISLATIVE DRAFT NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 27 SECTION 1. Amending the Text of Salt Lake City Code Subsection 21A.33.010.C. 28 That Subsection 21A.33.010.C of the Salt Lake City Code shall be and hereby is amended to 29 read as follows: 30 C. Uses Not Permitted: Any use specifically listed without a "P" or a "C" designated in the table 31 of permitted and conditional uses for a district shall not be allowed in that zoning district. Any 32 use not specifically permitted or conditionally permitted in the table of permitted and conditional 33 uses for the specific zoning district is prohibited. Only uses listed as a “P” or a “C” in the table of 34 permitted and conditional uses for a district shall be allowed where designated. 35 SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 36 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional 37 Uses for Commercial Districts) shall be and hereby is amended to modify only the following rows in the 38 table which shall read and appear in that table as follows: 39 21A.33.030: TABLE OF PERMITTED AND CONDITIONAL USES FOR 40 COMMERCIAL DISTRICTS: 41 USE CN CB CS1 CC CSHBD1 CG SNB Homeless Resource Center C21 Homeless Shelter C21 42 SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.030. That the 43 “Qualifying Provisions:” of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: 44 Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended to 45 remove qualifying provision number “21” and designate qualifying provision 21 as “reserved” as follows: 46 Qualifying Provisions: 47 21. Subject to conformance with the provisions of section 21A.36.350 of this title, the City may 48 not prohibit construction of a homeless resource center or homeless shelter if the site is 49 approved by and receives funding through the State Homeless Coordinating Committee, with 50 the concurrence of the Housing and Community Development Division within the Department 51 of Workforce Services, in accordance with section 35A-8-604 of the Utah Code. 52 53 21.[Reserved.] 54 55 LEGISLATIVE DRAFT SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 56 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional 57 Uses for Downtown Districts) shall be and hereby is amended to modify only the following rows in the 58 table which shall read and appear in that table as follows: 59 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN 60 DISTRICTS: 61 USE D-1 D-2 D-3 D-4 Homeless Resource Center C15 C15 Homeless Shelter C15 C15 62 SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.050. That the 63 “Qualifying Provisions:” of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: 64 Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended to 65 remove qualifying provision number “15” and designate qualifying provision 15 as “reserved” as follows: 66 Qualifying Provisions: 67 15. Subject to conformance with the provisions of section 21A.36.350 of this title, the City may 68 not prohibit construction of a homeless resource center or homeless shelter if the site is 69 approved by and receives funding through the State Homeless Coordinating Committee, with 70 the concurrence of the Housing and Community Development Division within the Department 71 of Workforce Services, in accordance with section 35A-8-604 of the Utah Code. 72 73 15. [Reserved]. 74 75 SECTION 6. Amending the Text of Salt Lake City Code Subsection 21A.36.350.A 76 and the title of section 21A.36.350. That Salt Lake City Code Subsection 21A.36.350.A and 77 the title of Section 21A.36.30 shall be and hereby is amended to read as follows: 78 21A.36.350: QUALIFYING PROVISIONS REGULATIONS FOR HOMELESS 79 RESOURCE CENTERS OR AND HOMELESS SHELTERS: 80 A. A homeless resource center or homeless shelter located within the city shall comply with the 81 following regulations. Any homeless resource center or homeless shelter approved as a 82 conditional use shall comply with these regulations and the requirements of the approved 83 conditional use. may be allowed as a conditional use, as identified in chapter 21A.33, "Land Use 84 Tables", of this title pursuant to the provisions of chapter 21A.54, "Conditional Uses", of this title 85 and the requirements of this section 86 87 LEGISLATIVE DRAFT SECTION 7. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 88 21A.62.040 of the Salt Lake City Code (Definitions of Terms) shall be and hereby is amended to modify 89 the definition of “homeless resource center” and “homeless shelter” which shall read and appear as 90 follows: 91 HOMELESS RESOURCE CENTER: An establishment building or portion thereof in which co-92 located supportive services such as sleeping, bathing, eating, laundry facilities, and housing case 93 management is provided on an emergency basis for individuals experiencing homelessness. 94 Additional services may include preparation and distribution of food; medical care and 95 treatment; behavioral and mental health counseling; employment counseling; educational 96 instruction, and vocational training. 97 98 HOMELESS SHELTER: An establishment in which sleeping accommodations are provided on 99 an emergency basis for individuals experiencing homelessness. Any homeless shelter that began 100 operation on or before January 1, 2016, may operate year round in accordance with section 10-101 9a-526 of the Utah Code. 102 103 SECTION 8. Effective Date. This Ordinance shall take effect immediately after it has been 104 published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-105 713. 106 107 Passed by the City Council of Salt Lake City, Utah this _______ day of 108 ______________, 2022. 109 ______________________________ 110 CHAIRPERSON 111 112 ATTEST: 113 114 ______________________________ 115 CITY RECORDER 116 117 118 Transmitted to Mayor on _______________________. 119 120 121 Mayor’s Action: _______Approved. _______Vetoed. 122 123 124 125 LEGISLATIVE DRAFT ______________________________ 126 MAYOR 127 128 ______________________________ 129 CITY RECORDER 130 131 (SEAL) 132 Bill No. ________ of 2022. 134 Published: ______________. 135 136 TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORIGINAL PETITION 4. MAILING LIST 1. PROJECT CHRONOLOGY Petition: PLNPCM2021-01033 October 4, 2021 Petition initiated by Mayor Erin Mendenhall. Notice of pending ordinance invoked by the city, starting 180-day decision making period. October 6, 2021 Internal meeting to discuss how to proceed with the proposal and what sections of the zoning code may be impacted. October 21, 2021 Internal meeting to discuss community engagement. October 26, 2021 Internal meeting to discuss expectations for this project. November 2, 2021 Internal meeting to review draft proposal. November 4, 2021 Internal meeting to discuss potential legal issues with the proposal. November 16, 2021 Notice and information sent to all recognized organizations starting the 45-day public engagement period. December 13, 2021 Presentation to Sugar House Community Council Land Use Committee December 16, 2021 Virtual community forum hosted by recognized organizations. December 29, 2021 Public notice for January 12, 2022 Planning Commission public hearing sent to Division list serve, posted on city website, and posted on Utah Public Meeting website. Property posted with sign advertising public hearing. January 3, 2022 Meeting with service providers to discuss the proposal. January 6, 2022 Virtual community forum hosted by recognized organizations held in Spanish. January 12, 2022 Planning Commission public hearing. 2. NOTICE OF CITY COUNCIL HEARING The Salt Lake City Council is considering Petition P:NPCM2021-01033 – A petition initiated by Mayor Erin Mendenhall to amend the Salt Lake City Zoning Code by removing Homeless Resource Centers and Homeless Shelters as conditional uses from the land use tables for the CG General Commercial, D-2 Downtown Support, and D-3 Downtown Warehouse/Residential Zoning Districts, modifying 21A.33.010 to clarify when listed land uses are prohibited, modifying the applicability section of 21A.36.350 Qualifying Provisions for Homeless Resource Centers and Homeless Shelters, and modifying the definitions of homeless resource centers and homeless shelters in 21A.62. The City Council may consider modifications to other related sections of the code as part of this proposal. DATE: Date #1 and Date #2 TIME: 7:00 p.m. All persons interested and present will be given an opportunity to be heard in this matter. This meeting will be held via electronic means, while potentially also providing for an in- person opportunity to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. If you are interested in participating during the Public Hearing portion of the meeting, please visit the website www.slc.gov/council/virtual-meetings/ or call 801-535-7654 to obtain connection information. Comments may also be provided by calling the 24-Hour comment line at (801)535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Nick Norris at 801-535-6173 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at nick.norris@slcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or relay service 711. 3. ORIGINAL PETITION 4. PUBLIC COMMENT RECEIVED AFTER PLANNING COMMISSION STAFF REPORT PUBLISHED ADU REPORT SUMMARY LOCATION OF CONDITIONAL USES PLANNING COMMISSION INITIATION •February 2022 •Change ADUs to permitted uses •Update city code to match state code for internal ADUs •Clarify existing regulations PROCESS AND STEPS March 2022: Internal Analysis April 2022: Draft changes May 2022: •Planning Commission briefing •Engagement starts July 2022: Planning Commission recommendation August 2022: Transmittal process starts ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: February 10, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: 2021 Accessory Dwelling Unit Annual Report STAFF CONTACT: Nick Norris, Planning Director, nick.norris@slcgov.com or 801-535-6173 DOCUMENT TYPE: Informational Only RECOMMENDATION: None BUDGET IMPACT: None BACKGROUND/DISCUSSION: Zoning Ordinance section 21A.40.200 Accessory Dwelling Units requires the Planning Division to transmit a report to the City Council on an annual basis that details the number of applications, addresses for each application for an ADU was submitted, and a brief explanation of reasons why an application for an ADU was denied. That report is attached. PUBLIC PROCESS: None EXHIBITS: 1) 2021 Accessory Dwelling Unit Report Lisa Shaffer (Feb 11, 2022 12:01 MST)02/11/2022 02/11/2022 EXHIBIT 1: 2021 Accessory Dwelling Unit Report 1ADU ANNUAL REPORT2021 ADUS ANNUAL REPORT 2ADU ANNUAL REPORT 3ADU ANNUAL REPORTCONTENT04 ANNUAL REPORT 2021 05 ABOUT ADUS 06 2 021 NUMBERS 09 PAST REPORTS SALT LAKE CITY PLANNING 451 S. State Street // Room 406 Salt Lake City, UT 84114 - 5480 P.O. Box // 145480 slc.gov/planning 4ADU ANNUAL REPORTANNUAL The Salt Lake City Council adopted an updated Accessory Dwelling Unit ordinance in October 2018. That ordinance requires the Planning Division to produce an annual ADU report. The report is required to include the following information: • The number of applications received; • The address of each application for an ADU; • A map showing the locations of approved ADUs; and • An explanation of the reasons an application may have been denied. This report covers the time period from January 1, 2021 to December 31, 2021. The report is required by ordinance to be transmitted to the City Council by February 15, 2022. REPORT 2021 5ADU ANNUAL REPORTWHAT IS AN ADU? An accessory Dwelling Unit is a complete, secondary residential unit that can be added to a single family residential lot. ADUs can be attached to or part of the primary residence or be detached as a separate building in the backyard. ADUs are often referred to as mother- in-law apartments, backyard cottages, granny flats, and alley way cottages, detached dwelling units, and many other similar terms. WHERE CAN THEY BE LOCATED IN SLC? An ADU may be located on any property that is zoned for single family dwellings and where a single family home is on the same property. An ADU is not allowed when the property already contains a duplex, triplex, or an apartment building. HOW ARE ADUS APPROVED? ADUs can be approved in the City through two different ways. First, if the property is in a zoning district that already allows multiple units on a single lot, an ADU can be built as a permitted use. A permitted use does not require any special approval process and can be built after a building permit is issued. Second, if the property is in a single family zoning district, an ADU can be approved as a conditional use. A conditional use requires a public process that includes a 45 day public comment period followed by a public hearing with the Planning Commission. Utah legislature adopted a law that makes ADUs a permitted use when they are internal or attached to a single-family dwelling. ABOUT ADUS 6ADU ANNUAL REPORT2021NUMBERS DETACHED ADUS 16 CONDITIONAL USE ADU CHARACTERISTICS // 2021 APPROVALS BEDROOMS AVERAGE SIZE 540 SQUARED FT. AVERAGE HEIGHT 17.54FT CONDITIONAL USE 2019 24 2020 24 2021 18 CONDITIONAL USE DENIED 0 BUILDING PERMITS Cumulative totals from 2018 to 2021 TOTAL APPLICATIONS 108 COMPLETED ADUS 30 ADUS UNDER CONSTRUCTION 17 ADUS BUILDING PERMIT UNDER REVIEW 11 INCOMPLETE ADUS 34 VOIDED APPLICATIONS 16 ONE BEDROOM TWO BEDROOMS 17 1 PARKING LOCATION ON SITE ON STREET 13 5 PERMITTED USE 2019 9 2020 10 2021 9* *7 Internal ADUs since state code changed 7ADU ANNUAL REPORTCONDITIONAL USE ADU CHARACTERISTICS // 2021 APPROVALS PERMITTED USE ADUS An ADU is considered a permitted use in zoning districts that allow housing types that include at least a duplex, but may include triplexes and apartments as well. This includes the SR-1A, SR-3, R2, RMF, RMU, and MU zoning districts. The review process of permitted ADUs start with submitting a building permit. CONDITIONAL USE ADUS ADUs in single family zoning districts require a conditional use. A conditional use requires a public process that includes a 45-day public comment period followed by a public hearing with the Planning Commission. The Planning Commission makes the final decision on ADUs that require a conditional use. WHERE ARE THE ADUS LOCATED? The ADUs are located throughout the City. The map below shows the location of each ADU application. ADUS BY DISTRICT District 1 2 2019 2 2020 0 2021 0 District 2 8 2019 2 2020 5 2021 1 District 3 7 2019 4 2020 1 2021 2 District 4 6 2019 3 2020 3 2021 0 District 5 34 2019 15 2020 10 2021 9 District 6 11 2019 3 2020 5 2021 3 District 7 17 2019 4 2020 10 2021 3 DISTRICT 3DISTRICT 1 DISTRICT 2 DISTRICT 5 DISTRICT 7 DISTRICT 6 DISTRICT 4 2021 CONDITIONAL USE APPLICATIONS PREVIOUS YEARS 8ADU ANNUAL REPORTADU APPLICATIONS SUBMITTED IN 2021 This table includes the addresses of each ADU application that has been submitted. ADDRESS TYPE OF ADU TYPE OF PROCESS STATUS DISTRICT 991 S 1000 E Detached Conditional Use Active 5 1532 S GREEN ST Detached Conditional Use Active 5 299 E OAK FOREST RD Detached Conditional Use Active 3 2346 S PARK ST Detached Conditional Use Additional Info 7 1726 E HOLLYWOOD AVE Detached Conditional Use Active 6 529 E SHERMAN AVE Detached Conditional Use Closed 5 2900 S 900 E Detached Conditional Use Active 7 1167 E SHERMAN AVE Detached Conditional Use Closed 5 1364 S EMIGRATION ST Detached Conditional Use Closed 6 362 E SHERMAN AVE Detached Conditional Use Closed 5 2274 S GREEN ST Detached Conditional Use Closed 7 1849 E 1300 S Detached Conditional Use Closed 6 1362 S 600 E Detached Conditional Use Active 5 738 E 1700 S Detached Conditional Use Closed 5 927 S LAKE ST Attached Conditional Use Closed 5 1479 E HARRISON AVE Detached Conditional Use Additional Info 5 44 N WOLCOTT ST Detached Conditional Use Closed 3 742 S NAVAJO ST Detached Conditional Use Closed 2 9ADU ANNUAL REPORTPAST REPORTS Learn more about past years by visiting to the following links: 2019 ADU REPORT www.slcdocs.com/Planning/Reports/2019/adus_annual_report_2019.pdf 2020 ADU REPORT www.slcdocs.com/Planning/Reports/2020/adus_annual_report_2020.pdf 10SALT LAKE CITY PLANNING 451 S. State Street // Room 406 Salt Lake City, UT 84114 - 5480 P.O. Box // 145480 slc.gov/planning City Council Announcements March 8, 2022 Information Needed by Council Staff A. Mosquito Abatement Subcommittee: The SLC Council appoints the trustees for the SLC Mosquito Abatement District. The District's Board of Trustees sets the mosquito abatement tax rate and budget, and is a separate governmental entity from the City. The District Board currently has two vacancies. The Council has received several applications for the open positions. In the past, the Council would convene a subcommittee to interview and consider the applicants before making a recommendation back to the full Council. Would Council Members support establishing a Subcommittee? Would any Council Members in particular like to serve in this capacity? B. Public Utilities – Watershed Management Plan update – Stakeholder Committee The Department of Public Utilities working on a comprehensive update to the City’s Watershed Management Plan (WMP). They have contracted Wilkinson Ferrari & Co. to assist with public engagement, including a Stakeholders Committee. For the Stakeholder Committee, they would like to invite representatives from each Council District to participate. They plan to hold monthly meetings between now and the end of the year, starting within the next few weeks. Would the Council Members like to coordinate with Liaisons to identify potential candidates or do some social media engagement?