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12/05/2023 - Formal Meeting - Meeting Materials
SALT LAKE CITY COUNCIL AGENDA FORMAL MEETING December 5, 2023 Tuesday 7:00 PM Council meetings are held in a hybrid meeting format. Hybrid meetings allow people to join online or in person at the City & County Building. Learn more at www.slc.gov/council/agendas. Council Chambers 451 South State Street, Room 315 Salt Lake City, UT 84111 SLCCouncil.com CITY COUNCIL MEMBERS: Darin Mano, Chair District 5 Victoria Petro, Vice Chair District 1 Alejandro Puy District 2 Chris Wharton District 3 Ana Valdemoros District 4 Dan Dugan District 6 Sarah Young District 7 Generated: 11:17:48 Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet determined. WELCOME AND PUBLIC MEETING RULES A.OPENING CEREMONY: 1.Council Member Darin Mano will conduct the formal meeting. 2.Pledge of Allegiance. 3.Welcome and Public Meeting Rules. 4.The Council will approve the work session meeting minutes of October 17, 2023. B.PUBLIC HEARINGS: 1. Ordinance: Rezone at Approximately 1380 South 900 West The Council will accept public comment and consider adopting an ordinance that would amend the zoning of the properties located at approximately 1380 South 900 West, 1361 South 1000 West, and 1367 South 1000 West from R-1/7,000 (Single Family Residential District) to RMF-30 (Low-Density Multi-Family Residential District). The applicant owns the property located at 1380 South 900 West and intends to only develop that property. The other two properties are owned by a separate organization that asked to be included in this request to enable additional development flexibility. This proposal would accommodate a redevelopment proposal to be submitted at a later date. Consideration may be given to rezoning the property to another zoning district with similar characteristics. The project is within Council District 2. Petitioner: Drake Powell of TAG SLC, representing the various property owners. Petition No.: PLNPCM2023-00172. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, November 7, 2023 Set Public Hearing Date - Tuesday, November 7, 2023 Hold hearing to accept public comment - Tuesday, December 5, 2023 at 7 p.m. TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). 2. Ordinance: Rezone at 680 South Gladiola Street The Council will accept public comment and consider adopting an ordinance that would amend the zoning of the property located at approximately 680 South Gladiola Street from M-2 (Heavy Manufacturing District) to M-1 (Light Manufacturing District). This proposal would enable the use of the property as a commercial truck driving school, classified as a vocational school with outdoor activities. The applicant has not included development plans with this request. Consideration may be given to rezoning the property to another zoning district with similar characteristics. The project is within Council District 2. Petitioner: Tony Sieverts. Petition No.: PLNPCM2023-00236. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, November 7, 2023 Set Public Hearing Date - Tuesday, November 7, 2023 Hold hearing to accept public comment - Tuesday, December 5, 2023 at 7 p.m. TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). 3. Ordinance: Rezone and Master Plan Amendment at 711 and 721 South 1200 East The Council will accept public comment and consider adopting an ordinance that would amend the zoning of the properties located at 711 and 721 South 1200 East Street from R- 2 (Single- and Two-Family Residential District) to I (Institutional District). The proposal also would amend the Central Community Master Plan Future Land Use Map. The proposal would allow the use of the existing church building as a school. Consideration may be given to rezoning the property to another zoning district with similar characteristics. The project is within Council District 4. Petitioner: Jim Brewer, Head of the McGillis School. Petition No.: PLNPCM2023-00496 & PLNPCM2023-00639 FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, November 14, 2023 Set Public Hearing Date - Tuesday, November 14, 2023 Hold hearing to accept public comment - Tuesday, December 5, 2023 at 7 p.m. TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). C.POTENTIAL ACTION ITEMS: 1. Ordinance: Subdivision Code Amendments The Council will consider adopting an ordinance repealing and replacing all text, tables, and illustrations in Title 20 of the Salt Lake City Code pertaining to subdivisions and condominiums. This proposal reorganizes the subdivision regulations, updates application requirements, makes minor changes to subdivision approval processes, updates the standards for approval for dividing land and modifying lots and parcels, updates the subdivision standards to align with City goals identified in the City's general plan, and makes changes necessary to align with State code mandates for review times and review processes. The changes are necessary to bring the City's subdivision regulations into compliance with recent State code changes that require Cities to update their codes by February 1, 2024. Petition No.: PLNPCM2023-00494. For more information visit tinyurl.com/SubdivisionCodeUpdates. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, November 7, 2023 Set Public Hearing Date - Tuesday, November 7, 2023 Hold hearing to accept public comment - Tuesday, November 14, 2023 at 7 p.m. TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). 2. Ordinance: Rezone at 2157 South Lincoln Street The Council will consider adopting an ordinance that would amend the zoning of the property located at 2157 South Lincoln Street from RB (Residential/Business District) to CSHBD2 (Sugar House Business District). This proposal would facilitate the redevelopment of this, and the adjacent parcels into a multi-family residential project. The property is currently occupied by a Victorian home used as an office building. Under the proposal, the home would be preserved and used as part of the project. Consideration may be given to rezoning the property to another zoning district with similar characteristics. The project is within Council District 7. Petitioner: Mark Isaac, representing the property owners. Petition No.: PLNPCM2023-00239 FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 3, 2023 Set Public Hearing Date - Tuesday, October 17, 2023 Hold hearing to accept public comment - Tuesday, November 7, 2023 at 7 p.m. TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). 3. Ordinance: Affordable Housing Incentives The Council will consider adopting an ordinance amending various sections of Title 21A of the Salt Lake City Code establishing a chapter for zoning incentives and adding affordable housing incentives. The proposed amendments would incentivize and reduce barriers for affordable housing. The incentives would include administrative design review and additional building height in various zoning districts, planned development requirement modifications, removal of the density requirements in the RMF zoning districts, and additional dwelling types in various zoning districts. Other sections of Title 21A – Zoning may also be amended as part of this petition. The changes would apply Citywide. The City Council may consider modifications to other related sections of the code as part of this proposal. Petition No.: PLNPCM2019-00658. For more information visit tinyurl.com/AffordableHousingIncentives. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, September 19, 2023; Tuesday, October 3, 2023; Tuesday, October 10, 2023 and Tuesday, November 7, 2023 Set Public Hearing Date - Tuesday, October 3, 2023 Hold hearing to accept public comment - Tuesday, October 17, 2023 at 7 p.m. TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). 4. Ordinances: Form Based Urban Neighborhood Zoning Text Amendments (Fleet Block Rezone and Public Square Designation) The Council will consider adopting an ordinance that would create the Form-Based Mixed Use 11 (FB-MU11), previously titled Form-Based Urban Neighborhood 3 or FB- UN3, as well as an ordinance that would amend the zoning map to apply the FB-MU11 to the fleet block property. The ordinance would also establish the southeast portion of the block as a public square in Title 15. The fleet block property is between 800 South and 900 South Streets and 300 West and 400 West Street. Form-Based code focuses on the form and appearance of buildings. It has more regulations that control those aspects of development than traditional zones. The proposal would apply regulations such as building design, height, bulk, use, and other development standards and land uses. Consideration may be given to rezoning the property to another zoning district with similar characteristics. Other sections of Title 21A – Zoning may also be amended as part of this petition. A portion of the fleet block property will also be added to the City’s public square inventory identified in Title 15. Petition No.: PLNPCM2019-00277 For more information on this item visit tinyurl.com/SLCFleetBlock. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, July 18, 2023 Set Public Hearing Date - Tuesday, August 8, 2023 Hold hearing to accept public comment - Tuesday, September 5, 2023 at 7 p.m. TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). D.COMMENTS: 1.Questions to the Mayor from the City Council. 2.Comments to the City Council. (Comments are taken on any item not scheduled for a public hearing, as well as on any other City business. Comments are limited to two minutes.) E.NEW BUSINESS: 1. Resolution: Recertifying the Salt Lake City Justice Court The Council will consider approving a resolution requesting the recertification of the Justice Court of Salt Lake City in order to provide for the Court's continued operation. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 5, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). F.UNFINISHED BUSINESS: 1. Ordinance: Local Business Direct Assistance ARPA Grant Awards The Council will consider adopting an ordinance that would approve the disbursement of local business direct assistance grant awards from the City's American Rescue Plan Act (ARPA) fiscal recovery funds. A business needs to show an economic hardship caused by the pandemic and meet other eligibility and compliance standards per federal ARPA guidance. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, November 14, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). 2. Resolution: Local Nonprofit Direct Assistance Grant Awards The Council will consider approving a resolution that would approve the disbursement of local nonprofit direct assistance grant awards. The Council will review the Community Recovery Committee’s funding recommendations of twenty-three applicants for the $2,000,000 of available one-time awards. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 17, 2023 and Tuesday, November 14, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). 3. Ordinance: Economic Development Revolving Loan Fund – Ocean City Seafood Market The Council will consider adopting an ordinance that would approve a $90,000 loan for Ocean City Seafood Market at 1701 South State Street from the Economic Development Loan Fund (EDLF). Ocean City Seafood Market is a local grocer specializing in Asian foods, international foods, and seafood. This loan will assist in the creation of one new job in the next year and the retention of three current jobs. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, November 14, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Refer to motion sheet(s). G.CONSENT: 1. Grant Holding Account Items (Batch No.2) for Fiscal Year 2023-24 The Council will consider approving Grant Holding Account Items (Batch No. 2) for Fiscal Year 2023-24. 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 - Tuesday, December 5, 2023 Staff Recommendation - Approve. 2. Board Appointment: Transportation Advisory Board – Matt Gray The Council will consider approving the appointment of Matt Gray to the Transportation Advisory Board for a term ending September 28, 2026. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 5, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Approve. 3. Board Appointment: Citizens Compensation Advisory Committee (CCAC) – J. Clair Baldwin The Council will consider approving the appointment of J.Clair Baldwin to the Citizens Compensation Advisory Committee for a term ending December 5, 2027. This is a Council-appointed position, therefore an Administrative Recommendation letter is not included. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 5, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 5, 2023 Staff Recommendation - Approve. H.ADJOURNMENT: CERTIFICATE OF POSTING On or before 5:00 p.m. on Friday, December 1, 2023, 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. PENDING MINUTES – NOT APPROVED The City Council of Salt Lake City, Utah, met in Work Session on Tuesday, October 17, 2023. The following Council Members were present: Ana Valdemoros, Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah Young Present Legislative leadership: Cindy Gust-Jenson – Executive Director, Jennifer Bruno – Deputy Director, Lehua Weaver – Associate Deputy Director Present Administrative leadership: Mayor Erin Mendenhall, Rachel Otto – Chief of Staff, Lisa Shaffer – Chief Administrative Officer Present City Staff: Katherine Lewis – City Attorney, Cindy Lou Trishman – City Recorder, Thais Stewart – Deputy City Recorder, Taylor Hill – Constituent Liaison/Policy Analyst, Scott Corpany – Staff Assistant, Allison Rowland – Senior Public Policy Analyst, Andrew Johnston – Director of Homelessness Policy and Outreach, Ben Luedtke – Senior Public Policy Analyst, Brian Fullmer – Public Policy Analyst, Kristin Riker – Public Lands Department Director, Lorena Riffo Jenson – Director of Economic Development, Nick Norris – Planning Director, Nick Tarbet – Legislative & Policy Manager, Roberta Reichgelt – Business Development Director, Kristina Gilmore – Senior Planner, Michaela Oktay – Assistant Planning Director, Katie Riser – Community Outreach Special Projects & Equity Coordinator, Amy Thompson – Planning Manager, Michael McNamee – Principal Planner, Kimberly Chytraus – Division Chief- Senior City Attorney, Tony Milner – Director of Housing Stability, Jack Markman – Community Development Grant Specialist The meeting was called to order at 2:05 pm MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 1 Work Session Items 1.Informational: Updates from the Administration ~ 2:00 p.m. 15 min. The Council will receive information from the Administration on major items or projects in progress. Topics may relate to major events or emergencies (if needed), services and resources related to people experiencing homelessness, active public engagement efforts, and projects or staffing updates from City Departments, or other items as appropriate. 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 Katie Riser provided updates regarding: Community Engagement Updates • Ways to engage with the City www.slc.gov/feedback/ • Historic Landmark and Planning Commission briefings and schedule • Council transmittals in progress • RDA – Ballpark NEXT • Transportation & Sustainability ◦ Community Electrified Transportation Study ◦ Capitol Hill Traffic Calming Study • Mayor’s Office: Love Your Block: 2021-2023 accomplishments • Mayor’s Office: October Community Office Hours ◦ Two locations and dates remaining in October • Draft environmental impact statement (EIS) now available for Utah Department of Transportation (UDOT) I-15 expansion project Andrew Johnston provided updates regarding: • Homeless Resources Center utilization • Encampment Impact Mitigation information • Resource Fair was held on October 13, 2023 at Pioneer Park • Kayak Court scheduled for October 20, 2023 • Winter homeless shelter information MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 2 boundary of the city along the 2200 West corridor. The updated plan will provide guidance on existing and anticipated development in the area, as well as annexation- related issues. As part of the plan update, the Salt Lake City Major Streets Plan will be amended to reflect recommended roadway alignments. For more information on this item visit https://tinyurl.com/NorthpointSmallAreaPlan. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, February 21, 2023 and Tuesday, October 17, 2023 Set Public Hearing Date - Tuesday, February 21, 2023 Hold hearing to accept public comment - Tuesday, March 7, 2023 at 7 p.m. TENTATIVE Council Action - TBD MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 3 2.Ordinance: Northpoint Small Area Plan Follow-up ~ 2:15 p.m. 30 min. The Council will receive a follow-up briefing about an ordinance that would adopt the Northpoint Small Area Plan. The Northpoint Small Area Plan is a land use plan for the land that is located between the Salt Lake City International Airport and the northern Nick Tarbet provided a brief explanation outlining as a follow-up to a previous item. Council Members discussed the current area preservation efforts, road ownership, zoning, and concerns of residents in the area. Nick Tarbet provided additional information regarding the proposal and a City-led annexation. Council Members, Nick Norris, and Nick Tarbet discussed: • Pros and cons of annexing the area in parts or as a whole • Role of the Recorder’s Office in the annexation process • Staff time and next steps • Possibility of breaking up of the area owned by Salt Lake City (Airport necessity) and those privately owned ◦ In either scenario it was clarified the current process was a City-led annexation without a petition 3.Ordinance: Historic Preservation Overlay District Text Amendment ~ 2:45 p.m. 30 min. The Council will receive a briefing about a proposal that would amend various sections of Title 21A of the Salt Lake City Code pertaining to the H Historic Preservation Overlay District. The proposal would also amend the consolidated fee schedule. The proposed amendments would make the ordinance easier to use for applicants, property owners, staff, and the Historic Landmark Commission in its administration, as well as create new processes for adopting and updating historic resource surveys. The proposed amendments would involve multiple chapters of the zoning ordinance related to the H Historic Preservation Overlay District and changes would apply citywide. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 17, 2023 Set Public Hearing Date - Tuesday, October 17, 2023 Hold hearing to accept public comment - Tuesday, November 7, 2023 at 7 p.m. TENTATIVE Council Action - Tuesday, November 14, 2023 Brian Fullmer introduced the ordinance. Amy Thompson provided the following information on the text amendment: • City’s first preservation ordinance was adopted in 1976 • Historic Landmark Commission (HLC) was one of four land use authorities with jurisdiction over properties within the H Historic Preservation Overlay District, thematic designation and landmark sites MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 4 • Approval required for: exterior alterations, new construction, demolition, and relocation • Terms: ◦ Certificate of Appropriateness (COA) (historic approval) ◦ Historic integrity: location, design, setting, materials, workmanship, feeling, and association ◦ Contributing: retaining historic integrity ◦ Noncontributing: does not retain historic integrity • Proposed reorganization: ◦ Reorganization of 21A.34 ◦ Definitions moved ◦ Moves local historic designation boundary adjustments, revocation of the designation of a landmark site to a new chapter • Additions: ◦ Applicability section ◦ Exemptions ◦ Solar panels approved at a Staff level ◦ Denials of COA at a Staff level ◦ HLC jurisdiction and authority ◦ Notice for demolition of a noncontributing building ◦ Application fees ◦ New definitions ◦ Historic resource survey adoption • New processes: ◦ Updates to historic resource surveys ◦ Historic status determinations • Historic Resource Surveys: ◦ RLS – Reconnaissance Level Survey ◦ ILS – Intensive Level Survey • Periods of Significance: ◦ Initial Settlement 1847-1869 ◦ Transition 1870-1899 ◦ Mature Community 1900-1922 ◦ Depression and Decline 1923-1955 ◦ Erosion of Residential Character 1956-1995 • Historic Resource Survey Updates ◦ Surveys should be updated (best practice of every 5-10 years) ◦ Ensures the correct standards applied ◦ May expand the period of significance ◦ Did not change the district boundaries ◦ Public process leading up to public hearings – with City Council as the decision-maker • Historic status determinations ◦ Administrative Interpretation (May be initiated by property owner or Planning Director): ◾Unrated properties ◾Properties that warrant reconsideration ◦ Considerations: MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 5 ◾Updated Historic Resource Survey (ILS) ◾Alterations ◾Contextual understanding ◾Historic integrity • Council considerations ◦ Changes since Planning Commission (PC) review: technical changes ◦ Changes since transmittal: carriage house language Council Members, Brian Fullmer, Michaela Oktay, and Amy Thompson discussed: • Appeals process • How to protect nonconforming structures that still had historic value • Removing unnecessary barriers for homeowners to make changes to homes • Penalties associated with purposeful damage and homeowners who do not want to repair their historic properties • Outreach to neighbors • Economic hardship policies and procedures • Next steps for the amendment 4. 20 min. The Council will receive a briefing about an ordinance that would vacate City-owned alleys situated adjacent to properties located at 1518, 1528, 1540, and 1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue. The proposal would allow the property owner to redevelop the surrounding property, which would include the right-of-way within the proposed development. The proposed vacation will not impose access concerns as all of the subject properties that abut the alleys also have frontage on a public street. Located within Council District 5. Petitioner: Jarod Hall, representing the property owner. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 17, 2023 Set Public Hearing Date - Tuesday, October 17, 2023 Hold hearing to accept public comment - Tuesday, November 7, 2023 at 7 p.m. TENTATIVE Council Action - Tuesday, November 14, 2023 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 6 Ordinance: Alley Vacation at Approximately 1518 South 300 West ~ 3:15 p.m. Brian Fullmer provided an introduction to the alley vacation. Michael McNamee presented: • Request was to vacate two public alleys: ◦ North-south alley “Alley A” ◦ East-west alley “Alley B” ◦ Planning Commission having forwarded a positive recommendation with the following conditions: ◾Alley A : ◾1. The property owner enters into a development agreement with the City that requires the creation of a public access mid- block walkway between Andrew and Van Buren Avenues where the mid-block walkway is between buildings on both the east and west sides that are in common ownership. A public access easement must also be secured ensuring public access to the private right-of-way. ◾2. The applicant shall not purport to convey the property encompassing any portion of the alleys until at least 60 days after a final decision by the City Council on the petition. ◾Alley B: ◾1. The applicant shall not purport to convey the property encompassing any portion of the alleys until at least 60 days after a final decision by the City Council on the petition. • Quiet Title Claim granted quiet title claim in 2022 • Proposed redevelopment: ◦ Design Review and Planned Development applications had been submitted to the Planning Division for redevelopment of the surrounding site ◦ Alley vacation was necessary for redevelopment ◦ Design not yet finalized (not a part of this application) • City ordinance standards of review: ◦ 14.52.020 ◦ 14.52.030 • Compliance with adopted plans: • Public process Council Members, Krissy Gilmore, and Michael McNamee discussed the Planning Division’s recommendations and conditions. Council Member Mano requested street activation be included as there was concern with parking garages filling the area. Jarod Hall (Architect) and Riley Rogers (Applicant) provided an overview of plans for the area. Council Members and Michael McNamee discussed Staff’s presentation, street activation, public access percentages, issues with traffic on 300 West, and necessary signage indicating the alley was not a through street. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 7 5. 30 min. The Council will receive an update about the Administration's progress fulfilling Legislative Intents, which were added to the Emergency Loan Program in September 2022. This program offered no-interest loans to local small businesses and nonprofits for short-term relief at the beginning of the COVID-19 pandemic. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 17, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - n/a Allison Rowland provided a brief explanation of the previous steps and legislative intents. Council Members, Lorena Riffo-Jenson, Roberta Reichegelt, and Jennifer Bruno discussed: • Loan terms • Reduced payment options • Loan forgiveness • Repayment plan flexibility • Public benefit analysis for extremely unique situations • Rainy day funds – returning funds to the General Fund 6.Tentative Break ~ 4:05 p.m. 20 min. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Set Public Hearing Date - Hold hearing to accept public comment - TENTATIVE Council Action - MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 8 Legislative Intents Follow-up Informational: Emergency Loan Program Repayment,~ 3:35 p.m. Lands Ordinance to allow more flexibility for removing certain properties from the Open Space Inventory. The amendments would provide more flexibility for granting utility easements and the sale or exchange of de minimis parcels. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 17, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, November 7, 2023 Allison Rowland provided an introduction to the amendment. Kristen Riker and Kimberly Chytraus stated they were here to answer questions regarding the proposed amendment. Council Members, Kristen Riker, Allison Rowland, Jennifer Bruno, and Kimberly Chytraus discussed: • The size of the properties and the amendment’s flexibility to move through the process • History of disposing of open space • City’s policy and procedures for selling open space/properties • Proposed amendment provided more flexibility when smaller properties were being sold 8.Informational: Utah Transit Authority TechLink Study - - The Council will receive a briefing from the Utah Transit Authority (UTA) about the TechLink Study, which studies new TRAX connections in downtown Salt Lake City, Research Park, and potential operational changes. It explores changing the route of the red line TRAX with new service to the Granary District and Ballpark Area. It also considers adding a new orange line TRAX to connect the Salt Lake International Airport with the University of Utah and Research Park among other potential changes. For more information visit www.techlinkstudy.com. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - TBD Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - n/a MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 9 7.Ordinance: Open Space Lands Amendments ~ 4:25 p.m. 20 min. The Council will receive a briefing about a proposal that would amend the Open Space Item removed from agenda. 9.Resolution: Local Nonprofit Direct Assistance Grant Awards ~ 4:45 p.m. 30 min. The Council will receive a briefing about a resolution that would approve the disbursement of local nonprofit direct assistance grant awards. The Council will review the Community Recovery Committee’s funding recommendations of twenty-three applicants for the $2,000,000 of available one-time awards. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 17, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, November 7, 2023 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 10 Ben Luedtke introduced the grant award applications. Tony Milner and Jack Markman presented: • City Code description 2.20.040 • Program overview ◦ Community & Neighborhoods (CAN) Grants ◾One-time grants for nonprofits to provide services for low-to-moderate income members of the community impacted by COVID-19 ◦ $2 Million available ◾Council allocated $2 million to be distributed by CAN. If approved, CAN would award the full $2 million to community partners ◦ 40 applications ◾The committee had 40 applications submitted for review. All applications were reviewed by the Community Recovery Committee for merit and cost eligibility, 23 applications were sent through with recommendations ◦ Funding direct service ◾This funding was focused on direct services provided by applicants to at-risk community members, as opposed to revenue replacement or general operational funding for organizations • Service eligibility ◦ Primary eligibility standards were drawn from the guidance in City Council Ordinance (SLC Code Chapter 2.20). Also used as standard guidelines were City and federal grant management best practices, including two CFR 200 and American Rescue Plan Act (ARPA) guidelines • Committee review ◦ How the grant would support underserved communities and mitigate the effects of COVID-19 ◦ If proposed grant uses aligned with service eligibility guidelines ◦ The applicant’s requested costs and intended uses of funds MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 11 • Transmittal summary ◦ Recommendation ◾The Community Recovery Committee’s and Mayor’s funding recommendations of 23 applicants for the allocation of $2 million through the Department of Community and Neighborhoods, Community Recovery Assistance Grants. All funding recommendations in accordance with City Code 2.20.040 and at the Council’s discretion. ◦ Budget Impact ◾Distribution of $2 million in funding allocated to Community and Neighborhoods as American Rescue Plan Act Funds in April 2022, and reallocated as General Funds in May 2023. Council Members, Ben Luedtke, Tony Milner, and Jack Markman discussed: • Mental health assistance • Community assistance • Spreading funding to more organizations • “Wellbeing” rooms in public schools • Organizations Council Members were interested in funding: ◦ Alliance House ◦ NeighborWorks 10. - The Council will receive a written briefing about a resolution for an amendment to the election services interlocal agreement between Salt Lake City and Salt Lake County. The amendment is necessary to reflect the City Council District Seven special election. It defines the services the County will provide the City for the 2023 General Election, through the Ranked Choice Voting method, on November 21, 2023. The City will be responsible for any additional charges exceeding the estimated cost such as a recount which would be invoiced to the City after the election. For more information visit www.slc.gov/attorney/recorder/elections/. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 17, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, November 7, 2023 Resolution: Amended Interlocal Agreement for 2023 Written Briefing Election Services Written briefing only 11.Board Appointment Interviews for the Police Civilian Review Board ~ 5:15 p.m. 10 min. The Council will interview the following candidates prior to considering their appointment to the Police Civilian Review Board: • Ben Raskin • Thomas Walker • Antonio Esquibel FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 17, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, October 17, 2023 Interviews were held. Council Member Mano said that Ben Raskin’s, Thomas Walker’s and Antonio Esquibel’s names would be on the Consent Agenda for formal consideration. 12.Board Appointment Interviews for the Historic Landmark Commission ~ 5:25 p.m. 10 min. The Council will interview the following candidates prior to considering their appointment to the Historic Landmark Commission: • Alan Barnett • Adrienne White • Jared Stewart FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 17, 2023 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, October 17, 2023 MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 12 Interviews were held. Council Member Mano said that Alan Barnet’s, Adrienne White’s and Jared Stewart’s names would be on the Consent Agenda for formal consideration. Standing Items 13.Report of the Chair and Vice Chair Report of Chair and Vice Chair. No report. 14.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 scheduling items. No announcements. 15.Tentative 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; MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 13 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. Motion: Moved by Council Member Petro, seconded by Council Member Valdemoros to enter into a Closed Session for the purposes of strategy sessions to discuss pending or reasonably imminent litigation and attorney- client matters. AYE: Ana Valdemoros, Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah Young Final Result: 7 – 0 Pass Closed Session started at 5:30 pm Held in the Work Session Room Council Members in Attendance: Council Members Dugan, Young, Petro, Puy, Mano, Wharton and Valdemoros City Staff in Attendance: Rachel Otto, Lindsey Nikola, Megan Yuill, Katherine Lewis, Katherine Nichols, Jennifer Bruno, Lehua Weaver, Nick Tarbet, Ben Luedtke, and Cindy Lou Trishman. Closed Session ended at 6:07 pm Motion: Moved by Council Member Wharton, seconded by Council Member Dugan to exit Closed Session. AYE: Ana Valdemoros, Victoria Petro, Daniel Dugan, Chris Wharton, Alejandro Puy, Darin Mano, Sarah Young Final Result: 7 – 0 Pass MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 14 Meeting adjourned at 6:07 pm Minutes Approved: _______________________________ City Council Chair _______________________________ City Recorder Please refer to Meeting Materials (available at www.data.slc.gov by selecting Public Body Minutes) for supportive content including electronic recordings and comments submitted prior to or during the meeting. Websites listed within the body of the Minutes may not remain active indefinitely. This document along with the digital recording constitutes the official minutes of the City Council Work Session meeting held Tuesday, October 17, 2023 and is not intended to serve as a full transcript. Please refer to the electronic recording for entire content pursuant to Utah Code §52-4-203. MINUTES OF THE SALT LAKE CITY COUNCIL Tuesday, October 17, 2023 15 Item B1 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Brian Fullmer Policy Analyst DATE:December 5, 2023 RE: Zoning Map Amendment at 1380 South 900 West, and 1361 and 1376 South 1000 West PLNPCM2023-00172 MOTION 1 (close hearing and adopt (if the Council wishes to adopt this night)) I move that the Council close the public hearing and adopt the ordinance. MOTION 2 (close and defer) I move that the Council close the public hearing and defer action to a future Council meeting. MOTION 3 (continue hearing) I move that the Council continue the public hearing to a future Council meeting. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer Policy Analyst DATE:December 5, 2023 RE: Zoning Map Amendment at 1380 South 900 West, and 1361 and 1376 South 1000 West PLNPCM2023-00172 BRIEFING UPDATE During the November 14, 2023 briefing, a Council Member noted a desire for the homes to be environmentally sound and asked whether the proposed townhomes are anticipated to use both natural gas and electricity, or just electricity. The petitioner stated they intend to use both. The Council confirmed the townhomes are proposed to include four bedrooms and are anticipated to be for sale units. When asked about a projected price point, the petitioner stated it is difficult to anticipate due to the timeframe until completion, but stated they could be in the mid-400s. The following information was provided for the November 7, 2023 Council briefing. It is included again for background purposes. The Council will be briefed about a proposal to amend the zoning map for parcels at 1380 South 900 West, and 1361 South and 1376 South 1000 West in Council District Two from their current R-1/7,000 (single- family residential) zoning to RMF-30 (low density multi-family residential). The 1380 South 900 West parcel is owned by the petitioner, and their stated intent for the proposed rezone is to construct for sale 4- bedroom townhomes on that parcel. The other parcels are adjacent to the 1380 South property and are under separate ownership. That owner asked to be included in the zoning map amendment request to enable flexibility for potential development on those parcels. The subject parcels run east/west in the middle of the block bounded by California Avenue, 900 West, 1400 South, and 1000 West as shown in the image below. The 900 West parcel is slightly less than one acre Item Schedule: Briefing: November 7, 2023 Set Date: November 14, 2023 Public Hearing: December 5, 2023 Potential Action: December 5, 2023 Page | 2 and includes a vacant single-family dwelling that is proposed to be demolished as part of the planned townhome development. (During the Planning Commission briefing the petitioner stated the house was deemed uninhabitable due to a fire in the basement.) The 1000 West parcels total approximately 0.4 acres. Area zoning is exclusively R-1/7,000 on the subject block and that is the dominant zoning west of 900 West shown in the area zoning map below. Riley Elementary School and the Sorenson Multi-Cultural Center are directly across 900 West from the subject property. Existing R-1/7,000 zoning limits development to primarily single-family dwellings. RMF-30 allows various small scale multi-family housing types that include townhomes as proposed by the petitioner. RMF-30 also allows up to 30 feet height as opposed to 28 feet allowed in R-1/7,000 zoning. Smaller lot sizes are allowed in RMF-30 (1,500-2,000 square feet for residential, depending on use), while R-1/7,000 has a minimum lot size of 7,000 square feet. Planning staff noted that the Westside Master Plan calls for greater density on this block (even beyond what the RMF-30 zoning district permits), which was a factor in their positive recommendation to the Planning Commission. The Planning Commission reviewed the proposed zoning map amendment during its August 23, 2023 meeting and held a public hearing at which two people who were unable to attend the meeting had their comments read. Both commenters were opposed to the proposed rezone and cited concerns with additional traffic and parking, potential for increased crime, a loss of privacy, and gentrification. The Commission voted 7-0 to forward a positive recommendation to the City Council. Goal of the briefing: Review the proposed zoning map amendments, determine if the Council supports moving forward with the proposal. Page | 3 Vicinity map with the subject parcel outlined in red. Image courtesy of Salt Lake City Planning Division Page | 4 Area zoning map with the subject property outlined in blue. POLICY QUESTIONS 1. The Council may wish to ask the petitioner about an anticipated price point for the homes. 2. It is requested that Planning staff notify the petitioner of any new applicable options for a potential development at this location if the Council adopts the Affordable Housing Incentives ordinance. ADDITIONAL INFORMATION The Council is only being asked to consider rezoning the property. No formal site plan has been submitted to the City nor is it within the scope of the Council’s authority to review the plans. Because zoning of a property can outlast the life of a building or desired use, any rezoning application should be considered on the merits of changing the zoning of that property, not simply based on a potential project. KEY CONSIDERATIONS Planning staff identified three key considerations related to the proposal which are found on pages 4-6 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1 – Master Plan Compatibility. Planning staff found that the proposed zoning map amendment generally aligns with the Westside Master Plan, Plan Salt Lake, and Housing Salt Lake. The proposal adds density near the California Avenue/900 West Community Node, adds infill to an existing neighborhood and corridor, expands housing options, and increases homeownership opportunities. Page | 5 Consideration 2 – Housing Loss Mitigation Because the proposal calls for demolishing an existing home at 1380 West 900 South, and the requested zoning would permit nonresidential use of the land, a housing loss mitigation report is required. Because the estimated cost to replace the existing house is greater than its market value, the mitigation fee would be a negative number. Therefore, a fee is not required. Consideration 3 – Neighborhood Concerns Planning staff received comments from area property owners who expressed concern about the proposed rezone. These concerns were primarily about privacy, parking, and neighborhood character. Privacy Comments related to privacy concerns were about development on the site affecting adjacent residents’ private enjoyment of their yards, noise, and trash from future residents. As noted above, allowed building heights are similar between the current R-1/7,000 (28 feet), and proposed RMF-30 (30 feet). In addition, ten-foot landscape buffers are required along a property line adjacent to single-family districts. Building forms for townhomes are limited to six dwelling units per building. It is Planning staff’s opinion that these will mitigate potential privacy issues associated with new development. Parking and Traffic New development at the subject site would be required to meet relevant parking requirements. Under the proposed RMF-30 zoning, single-family attached dwellings are required to have at least two parking spaces, which is the same as in the current R-1/7,000 zoning district. Planning staff analyzed the intersection of California Avenue and 900 West and anticipates density and traffic will increase in the coming years. Both streets are arterials, and most traffic is from outside the area. Neighborhood Character Neighbors expressed concern about potential impact to the neighborhood’s character if the property is rezoned. They feel that new development will disrupt their neighborhood identity. Planning staff is confident that design standards in RMF-30 will achieve the goal of maintaining neighborhood character while allowing additional housing on an underutilized lot. ZONING COMPARISON The following table comparing building height, setback, and lot requirements for the current R-1/7,000 and proposed RMF-30 zoning districts is found in Attachment D (page16) of the Planning Commission staff report. It is replicated here for convenience. R-1/7,000 (Current)RMF-30 (Proposed) Maximum Building Height Pitched roof: 28 feet Flat roof: 20 feet Varying Heights Single- & two-family: 30 feet. Row Houses: 30 feet. Cottage development: 23 feet (pitched roof) 16 feet (flat roof). Tiny House: 16 feet. Nonresidential & multi-family: 30 feet. Front and Corner Yard Setback 20 feet or average of block face.Front Yard: 20 feet or average of block face. Page | 6 Corner Side Yard: 10 feet. Interior Side Setback Corner lots: 6 feet Interior lots: 6 feet on one side 10 feet on the other Single- & two-family: 4 feet & 10 feet Row Houses: 4 feet. Sideways row house: 6 feet & 10 feet. Cottage development: 4 feet. Tiny House: 4 feet. Nonresidential: 30 feet. Multi-family: 10 feet. Rear Setback 35 feet Cottage development and tiny house: 10 feet. All others: 20% of lot depth, 25 feet max. Minimum Lot Width 50 feet None Maximum Lot Width Limited by maximum lot size.110 feet, including combination of multiple lots. Minimum Lot Size 7,000 square feet Cottage development and tiny house:1,500 square feet per unit. Non-residential: 5,000 square feet per building. All other uses: 2,000 square feet per unit. Open Space, Landscape Yards, and Landscape Buffers Front and corner side yards must include landscape yard according to 21A.48. 10-foot landscape buffer if abutting single- or two-family zoning district. Front and corner side yards must include landscape yard according to 21A.48. Analysis of Factors Attachment F (pages 21-22 of the Planning Commission staff report) outlines zoning map amendment standards that should be considered as the Council reviews this proposal. The standards and findings are summarized below. Please see the Planning Commission staff report for additional information. Factor Finding Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents. Generally consistent Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. Generally complies The extent to which a proposed map amendment will affect adjacent properties Generally complies Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. Not applicable Page | 7 The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. Complies City Department Review During City review of the petitions, no responding departments or divisions expressed concerns with the proposal, but stated additional review and permits would be required if the property is developed. PROJECT CHRONOLOGY • March 3, 2023 - Petition for zoning map amendment received by Planning Division from Trille Property Solutions. • April 4, 2023 - Petition assigned to Planning staff. • April 4-May 1, 2023 – Planning staff worked with petitioner to remedy application deficiencies. • May 3, 2023 – Early notification of the proposal sent to neighbors within 300 feet of the site. • July 28, 2023 – Sale of property and transfer of application from Trille Properties (original petitioner) to TAG SLC LLC (current petitioner) confirmed by Planning staff. • August 10, 2023 – Public hearing notice mailed. Public notice posted on City and State websites and Planning Division listserv. • August 11, 2023 – Public hearing notice sign posted on the property. • August 23, 2023 – Planning Commission public hearing. The Planning Commission voted unanimously to forward a positive recommendation to the City Council for the proposed zoning map amendment. • September 4, 2023 – Ordinance requested from Attorney’s Office. • September 26, 2023 – Planning received signed ordinance from the Attorney’s Office. • October 9, 2023 – Transmittal received in City Council Office. 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: ____________________ ________________________ Rachel Otto, Chief of Staff Date sent to Council: ____________________ _____________________________________________________________________________________ TO: Salt Lake City Council DATE: October 6, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods ________________________ SUBJECT: TAG 1380 Zoning Map Amendment (PLNPCM2032-00172) STAFF CONTACT: Aaron Barlow, Principal Planner, 801-535-6182 or aaron.barlow@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follows the Planning Commission’s recommendation and approves the requested Zoning Map Amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Drake Powell of TAG SLC, LLC, representing several property owners, has submitted a request for a Zoning Map Amendment for the properties listed below: •1380 South 900 West (Parcel ID 15-14-202-014-0000) •1361 South 1000 West (Parcel ID 15-14-202-026-0000) •1367 South 1000 West (Parcel ID 15-14-202-028-0000) This Zoning Map Amendment request is to rezone the above-listed properties from R-1/7,000 Single- Family Residential to RMF-30 Low Density Multi-Family Residential. The project area is roughly 1.34 acres or 58,292 square feet. A formal development petition has not been submitted at this time. Preliminary Plans, including the applicant’s description of the proposal, can be found in the Planning Commission Staff Report. The applicant owns the property located at 1380 South 900 West and intends to only develop that property. The other two properties (1361 & 1367 South 1000 West) are owned by a separate organization that asked to be included in this request to enable additional development flexibility. rachel otto (Oct 9, 2023 11:24 MDT)10/09/2023 10/09/2023 HOUSING LOSS MITIGATION Per Chapter 18.97 of City Ordinance, any petition for a zoning change that would permit a nonresidential use of land, that includes within its boundaries residential dwelling units, may not be approved until a housing mitigation plan is approved by the city. The applicant submitted a housing loss mitigation plan, which can be found in the Planning Commission Staff Report, that satisfied Housing Loss Mitigation requirements. Because the cost to replace the one dwelling situated on the subject site is greater than the assessed value, no mitigation is required. The final plan was evaluated and approved by the Community and Neighborhoods Director, Blake Thomas, prior to the Planning Commission’s review of this petition. PUBLIC PROCESS: For a full project timeline, please refer to Exhibit 1 •May 3, 2023 – Staff sent the 45-day required notice for recognized community organizations to the Glendale Community Council. Neither council provided feedback on the proposal. •May 3, 2023 – Property owners and residents within 300 feet of the development were provided early notification of the proposal. •June 17, 2023 – The required 45-day notice period ended. The above map shows the location and current zoning of the properties that are a part of this request. •July 28, 2023 – Sale of property and transfer of application from Trille Properties (the original applicant) to TAG SLC, LLC (the current applicant) confirmed by Planning Division. •August 10, 2023 – Public hearing notice mailed, posted on City and State websites, and distributed through the Planning Division’s email listserv. •August 11, 2023 – Public Hearing Notice sign posted on the property. Planning Commission Hearing and Recommendation On August 23, 2023, the Planning Commission reviewed the proposal and held a public hearing. The hearing can be viewed here beginning at 1:13:22. Two public comments were read into the record. Both expressed concerns about the proposed rezone citing, parking, privacy, and property values. The Comments are included in Exhibit 4. The Planning Commission voted unanimously to forward a recommendation of approval as proposed. Planning Commission (PC) Records a)PC Agenda of August 23, 2023 (Click to Access) b)PC Minutes of August 23, 2023 (Click to Access) c)Planning Commission Staff Report of August 23, 2023 (Click to Access Report) EXHIBITS: 1)Project Chronology 2)Notice of City Council Public Hearing 3)Mailing List 4)Comments Received During and After Public Hearing SALT LAKE CITY ORDINANCE No. _____ of 202__ (An ordinance amending the zoning of properties located at approximately 1380 South 900 West, 1361 South 1000 West, and 1367 South 1000 West from the R-1/7,000 Single Family Residential District to the RMF-30 Low Density Multi-Family Residential District) An ordinance amending the zoning map pertaining to the properties located at approximately 1380 South 900 West, 1361 South 1000 West, and 1367 South 1000 West from the R-1/7,000 Single Family Residential District to the RMF-30 Low Density Multi-Family Residential District pursuant to Petition No. PLNPCM2023-00172. WHEREAS, the Salt Lake City Planning Commission (”Planning Commission”) held a public hearing on August 23, 2023, on an application submitted by Drake Powell of TAG SLC, LLC, (“Applicant”) on behalf of several property owners to amend the zoning map from the R- 1/7,000 Single Family Residential District to the RMF-30 Low Density Multi-Family Residential District for three parcels located at approximately 1380 South 900 West, 1361 South 1000 West, and 1367 South 1000 West (Tax ID Nos. 15-14-202-014-0000, 15-14-202-028-0000, & 15-14- 202-026-0000) (collectively, the “Property”), pursuant to Petition No. PLNPCM2023-00172. WHEREAS, at its August 23, 2023, meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said application; and WHEREAS, after a public hearing on this matter, the City Council has determined 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 Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Property, identified on Exhibit “A” attached hereto, shall be Ordinance rezoning 1380 South 900 West, 1361 South 1000 West, and 1367 South 1000 West Salt Lake City Attorney's Office Date:� By:���----�---Katherine D. Pasker, EXHIBIT “A” Legal Description of Property to be Rezoned: Tax ID 15-14-202-014-0000 Beginning 825 feet east, and 188.10 feet south, and 9.91 feet West from the northwest corner of the Northeast quarter of Section 14, Township 1 South, Range 1 West, Salt Lake Base and Meridian, and running thence south 0°56'36" west 109.68 feet; thence south 0°12'09" east 9.31 feet; thence west 354.31 feet, thence north 118.96 feet, thence east 356.09 feet to the point of beginning. 0.97 acres more or less Tax ID 15-14-202-028-0000 Lot 3, Three Eagles Subdivision according to the official plat thereof on file and of record in the office of the Salt Lake County Recorder. Together with a 20 foot access and utility easement as shown on the official record plat of Three Eagles subdivision, recorded February 17, 2023, as entry number 14073617, book 2023P, page 39. 0.178 acres more or less Tax ID 15-14-202-026-0000 Lot 2, Three Eagles Subdivision according to the official plat thereof on file and of record in the office of the Salt Lake County Recorder. Together with a 20 foot access and utility easement as shown on the official record plat of Three Eagles subdivision, recorded February 17, 2023, as entry number 14073617, book 2023P, page 39. 0.191 acres more or less TABLE OF CONTENTS 1)PROJECT CHRONOLOGY 2)NOTICE OF CITY COUNCIL PUBLIC HEARING 3)MAILING LIST 4)COMMENTS RECEIVED DURING AND AFTER PUBLIC HEARING 5)ORIGINAL PETITIONS 1. PROJECT CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2023-00172 March 3, 2023 Applications submitted by Trille Property Solutions, LLC. April 4, 2023 Petition assigned to staff. April 4, 2023 Petition routed for Department Review Comments. April 4 to May 1, 2023 Staff worked with applicant to remedy deficiencies in application. May 3, 2023 Staff sent the 45-day required notice for recognized community organizations to the Community Councils. May 3, 2023 Neighbors within 300 feet of the development were provided early notification of the proposal. June 23, 2023 45-day public comment period for recognized organizations ended. July 28, 2023 Sale of property and transfer of application from Trille Properties (the original applicant) to TAG SLC, LLC (the current applicant) confirmed by Planning Staff August 10, 2023 Public hearing notice mailed. Public notice posted on City and State websites and Planning Division listserv. August 11, 2023 Public hearing notice sign posted on the property. August 23, 2023 Planning Commission held a public hearing and made a recommendation to the City Council to approve the proposed amendments. September 4, 2023 Ordinance requested from City Attorney’s office. September 26, 2023 Ordinance received from City Attorney’s office. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2023-00172 TAG 1380 Zoning Map Amendment Drake Powell of TAG SLC, representing the various property owners, has submitted this request for three separate properties located at 1380 S 900 W, 1361 S 1000 W, and 1367 S 1000 West. Approval of this request would rezone these properties from R-1/7,000 (Single Family Residential) to RMF-30 (Low Density Multi-Family Residential). The intent of this amendment request is to accommodate a redevelopment proposal to be submitted at a later date. The project is within Council District 2, represented by Alejandro Puy. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held: DATE: PLACE: Electronic and in-person options. 451 South State Street, Salt Lake City, Utah ** This meeting will be held via electronic means, while 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. For more information, including WebEx connection information, please visit www.slc.gov/council/virtual-meetings. 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 Aaron Barlow at 801.535.6182 between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday, or by e-mail at aaron.barlow@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com, by selecting the “Planning” tab and entering the petition number PLNPCM2023-00172. 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. 3.MAILING LIST NAME ADDRESS CITY STATE ZIP AGUILERA, PAULO 945 W 1400 S SALT LAKE CITY UT 84104 BARLOW FAM TR 1364 S 1000 W SALT LAKE CITY UT 84104 BENJAMIN KUNZ 941 W 1400 S SALT LAKE CITY UT 84104 BOLINDER, DAVID V 2045 E 6060 S HOLLADAY UT 84121 CHRISTENSEN, ERIC &TATEVIK; JT 551 W CEPHUS RD DRAPER UT 84020 CLAYNE O WAYMAN FAM TRET AL 1367 S 1100 W SALT LAKE CITY UT 84104 CRESLAND ACQUISITION, LLC 1265 S CONCORD ST SALT LAKE CITY UT 84104 Current Occupant 956 W CALIFORNIA AVE Salt Lake City UT 84104 Current Occupant 928 W CALIFORNIA AVE Salt Lake City UT 84104 Current Occupant 1388 S 1000 W Salt Lake City UT 84104 Current Occupant 1354 S 1000 W Salt Lake City UT 84104 Current Occupant 1368 S 1000 W Salt Lake City UT 84104 Current Occupant 1400 S 1000 W Salt Lake City UT 84104 Current Occupant 939 W CALIFORNIA AVE Salt Lake City UT 84104 Current Occupant 1380 S 900 W Salt Lake City UT 84104 Current Occupant 1392 S 900 W Salt Lake City UT 84104 Current Occupant 941 W CALIFORNIA AVE Salt Lake City UT 84104 Current Occupant 953 W CALIFORNIA AVE Salt Lake City UT 84104 Current Occupant 1409 S 1000 W Salt Lake City UT 84104 Current Occupant 1425 S 1000 W Salt Lake City UT 84104 Current Occupant 937 W 1400 S Salt Lake City UT 84104 Current Occupant 1414 S 900 W Salt Lake City UT 84104 Current Occupant 941 W 1400 S UT 84104 Current Occupant 1410 S 800 W Salt Lake City UT 84104 Current Occupant 855 W CALIFORNIA AVE Salt Lake City UT 84104 DALTON, DAVID I & GEORGIA P;JT 7885 W MAYTIME DR MAGNA UT 84044 EMERY, CODY &MARTHA; JT 1540 E WILLIAMSON CIR SANDY UT 84092 ESTRADA, BENJAMIN &MALDONADO, MARIO; JT 1008 W CALIFORNIA AVE SALT LAKE CITY UT 84104 FOSTER, JULEE L 932 W 1400 S SALT LAKE CITY UT 84104 GUTIERREZ, JOSE E 1408 S 900 W SALT LAKE CITY UT 84104 HEGERHORST, WALTER F &ORA M; TRS 3541 W WHEATWOOD CIR WEST JORDAN UT 84084 HERNANDEZ, CELIA; JTHERNANDEZ, JESUS A; JT 1389 S 1000 W SALT LAKE CITY UT 84104 INGERSOLL, BRIAN D & KATHY M;JT 951 W CALIFORNIA AVE SALT LAKE CITY UT 84104 INGERSOLL, SONYA T 924 W CALIFORNIA AVE SALT LAKE CITY UT 84104 JONES, JOY R 1420 S 1000 W SALT LAKE CITY UT 84104 JONES, STEPHEN C &CYNTHIA C (JT)1402 S 1000 W SALT LAKE CITY UT 84104 KEFU, MANISELA; JTET AL 1420 S 900 W SALT LAKE CITY UT 84104 KLAIN, ELAINE &FIGUEROA, EDGAR; JT 944 W 1400 S SALT LAKE CITY UT 84104 KNUDSEN, JANET 1018 W CALIFORNIA AVE SALT LAKE CITY UT 84104 LEATUTUFU, SUSITINA; JTLAITA, FAGALII; JT 1404 S 1000 W SALT LAKE CITY UT 84104 LONGLEY, MICHELLE L 950 W CALIFORNIA AVE SALT LAKE CITY UT 84104 LOSCHER, HAROLD P &SHARON F; TRS 1403 S 1000 W SALT LAKE CITY UT 84104 LOSCHER, TERESA A &KENT D; JT 929 W CALIFORNIA AVE SALT LAKE CITY UT 84104 LYON, GABRIELE C 938 W 1400 S SALT LAKE CITY UT 84104 MAURICIO, PEDRO 966 W CALIFORNIA AVE SALT LAKE CITY UT 84104 MCQUEEN, MIKE 959 W CALIFORNIA AVE SALT LAKE CITY UT 84104 MIDDLETON, WAYNE PO BOX 9948 SALT LAKE CITY UT 84109 MONTANO, RANDOLPH &LORRAINE; JT 950 W 1400 S SALT LAKE CITY UT 84104 NGUYEN, LIEM T &LE, DAO; JT 963 W CALIFORNIA AVE SALT LAKE CITY UT 84104 PADILLA, IVANI O 933 W 1400 S SALT LAKE CITY UT 84104 RAMIREZ, MARCELINO &MARIA P; JT 1131 W EMERY CIR SALT LAKE CITY UT 84104 ROJAS, EDUARDO & ESTELLA;JT 1328 S 900 W SALT LAKE CITY UT 84104 SALAZAR, CARL R &ROBIN A; JT 1180 S 900 W SALT LAKE CITY UT 84104 SANDERSON, JONATHAN 936 W CALIFORNIA AVE SALT LAKE CITY UT 84104 SITAUTI, SIOELI H &RAINA K; JT 1889 W SPRINGFIELD RD SALT LAKE CITY UT 84116 SOUTHWORTH, WHITNEY B 1336 S 900 W SALT LAKE CITY UT 84104 THACATUS, LLC 407 E 300 S SALT LAKE CITY UT 84111 THE BOARD OF EDUCATION OF SLC 440 E 100 S SALT LAKE CITY UT 84111 TOMSETT, ANDREW &BUCKSTAD, LISA; JT 1000 W CALIFORNIA AVE SALT LAKE CITY UT 84104 TRAN, HUNG VAN PO BOX 651237 SALT LAKE CITY UT 84165 TRILLIE PROPERTY SOLUTIONS,LLC 1375 S 1000 W SALT LAKE CITY UT 84104 URZUA, DIEGO C; JTDUNN, JAIMIE; JT 1386 S 900 W SALT LAKE CITY UT 84104 VANLEEUWEN, JOHN I &KERRY; JT 923 W CALIFORNIA AVE SALT LAKE CITY UT 84104 VEA, CAPE 1350 S 900 W SALT LAKE CITY UT 84104 WILLIAMS, CAMERON 1358 S 900 W SALT LAKE CITY UT 84104 WOOD, DALLIN A; JTWOOD, NATALY; JT 1362 S 900 W SALT LAKE CITY UT 84104 5.ORIGINAL PETITIONS DocuSign Envelope ID : 1309F8CE-6924-4A65-80BB-7AC9E4AF5EB0 ACKNOWLEDGEMENT OF RESPONSIBILITY This is to certify that I am making an application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application will be processed under the name provided below. By signing the application, I am acknowledging that I have read and understood the instructions provided by Salt Lake City for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I understand that the documents provided are considered public records and may be made avai lable to the public. I understand that my application will not be processed until the application is deemed complete by the assigned planner from the Planning Division. I acknowledge that a complete application includes all of the required submittal requirements and provided documents comply with all applicable requirements for the specific applications. I understand that the Planning Division will provide, in writing, a list of deficiencies that must be satisfied for this application to be complete and it is the responsibility of the applicant to provide the missing or corrected information. I will keep myself informed of the deadlines for submission of material and the progress of this application. I understand that a staff report will be made available for my review prior to any public hearings or public meetings. This report will be on file and available at the Planning Division and posted on the Division website when it has been finalized. APPLICANT SIGNATURE Name of Applicant: Application Type: Trillie Property Solutions LLC / Trent Hatch Zonning Amendment Mailing Address: Po Box, 2058 Orem, UT 84059 Email: Tj@Teillieproperties.com Signature: DocuSigne<l by: 21 E8DD80A0EG485 ... AFFIRMATION OF SUFFICIENT INTEREST Phone: 801-319-5915 Date: 03/03/23 I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. The following shall be providea if the name of the applicant is different than the name of the property owner: 1.If you are not the fee owner attach a copy of your authorization to pursue this action provided by the fee owner. 2.If a corporation is fee titleholder, attach copy of the resolution of the Board of Directors authorizing the action. 3.If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership 4.If a Home Owner's Association is the applicant than the representative/president must attach a notarized letter stating they have notified the owners of the proposed application. A vote should be taken prior to the submittal and a statement of the outcome provided to the City along with the statement that the vote meets the requirements set forth in the CC&Rs. Be advised that knowingly making a false, written statement to a government entity is a crime under Utah Code Chapter 76-8, Part 5. Salt Lake City will refer for prosecution any knowingly false representations made pertaining to the applicant's interest in the property that is the subject of this application. Updated 9/14/22 Property purchased by TAG SLC on June 8, 2023 Item B2 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Brian Fullmer Policy Analyst DATE:December 5, 2023 RE: Zoning Map Amendment at 680 South Gladiola Street PLNPCM2023-00236 MOTION 1 (close hearing and adopt (if the Council wishes to adopt this night)) I move that the Council close the public hearing and adopt the ordinance. MOTION 2 (close and defer) I move that the Council close the public hearing and defer action to a future Council meeting. MOTION 3 (continue hearing) I move that the Council continue the public hearing to a future Council meeting. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer Policy Analyst DATE:December 5, 2023 RE: Zoning Map Amendment at 680 South Gladiola Street PLNPCM2023-00236 BRIEFING UPDATE Council Members did not have any questions or comments at the November 7, 2023 briefing. The following information was provided for the November 7, 2023 Council briefing. It is included again for background purposes. The Council will be briefed about a proposal to amend the zoning map for the parcel at 680 South Gladiola Street in City Council District Two from its current M-2 (Heavy Manufacturing District) zoning designation to M-1 (Light Manufacturing District). The vacant subject parcel is triangular shaped and approximately 4.79 acres. It is located the midpoint between 500 South and 900 South at about 3400 West as shown in the image below. A rail spur connecting to the Union Pacific Intermodal Hub abuts the property to the north, and a distribution center is to the south. Area zoning is a mix of M-1 and M-2 as shown in the zoning map below. The petitioner’s stated intent for the proposed rezone is to enable use of the property for a commercial truck driving school (classified as a vocational school with outdoor activities) on the site. Such a use is permitted in the M-1 zoning district but not within the current M-2 district. The Planning Commission reviewed the proposed zoning map amendment during its August 23, 2023 meeting and held a public hearing at which one person spoke. The commenter expressed a desire for use of the subject property that is compatible with the intense uses already in the area. The Commission voted 7-0 to forward a positive recommendation to the City Council. Item Schedule: Briefing: November 7, 2023 Set Date: November 14, 2023 Public Hearing: December 5, 2023 Potential Action: December 5, 2023 Page | 2 Goal of the briefing: Review the proposed zoning map amendments, determine if the Council supports moving forward with the proposal. Vicinity map with the subject parcel outlined in red. Image courtesy of Salt Lake City Planning Division Page | 3 Area zoning map with the subject property outlined in blue. POLICY QUESTIONS 1. The Council may wish to discuss whether they have any concerns with the proposed use of the property as a truck driving school within the Airport Overlay. ADDITIONAL INFORMATION The subject parcel is located within the Airport Flight Path Protection Overlay. This overlay is divided into subcategories based on the location’s proximity to flight paths of aircraft landing at the airport. The property is within “Zone B” which is the second most impacted zone. Uses generally prohibited in this zone include hotels/motels (without additional sound attenuation), schools, hospitals, churches, and long-term care facilities. This proposed zoning map amendment does not include a request to modify the Flight Path Protection Overlay. The Council is only being asked to consider rezoning the property. No formal site plan has been submitted to the City nor is it within the scope of the Council’s authority to review the plans. Because zoning of a property can outlast the life of a building or desired use, any rezoning application should be considered on the merits of changing the zoning of that property, not simply based on a potential project. KEY CONSIDERATION Planning staff identified one key consideration related to the proposal which is found on page 4 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1 – Master Plan Compatibility. Planning staff found that the proposed zoning map amendment generally aligns with Plan Salt Lake. It is Planning staff’s opinion that the proposed use as a truck driving school is compatible with the industrial character of the surrounding area. The subject parcel is also located within the Northwest Quadrant, where much of the city’s industrial uses Page | 4 are located. The Northwest Quadrant Master Plan’s future land use map includes the parcel within the “Heavy Industrial” land use category and includes a “Light Industrial” category. Planning staff found that the proposed zoning map amendment is compatible with the Northwest Quadrant Master Plan since the “Heavy Industrial” land use category does not prohibit lower-scale industrial uses. ZONING COMPARISON The following table compares building height, setback, and lot requirements for the current M-2 and proposed M-1 zoning districts. M-2 (Current)M-1 (Proposed) Maximum Building Height Varying Heights 80 feet for most structures 120 feet for emission structures 85 feet for RR terminal cranes Varying Heights 65 feet for most structures 120 feet for emission structures 85 feet for RR terminal cranes FAA review required for >50 ft Front and Corner Yard Setback Front Yard: 25 feet, Corner Side Yard: 15 feet 15 feet Interior Side Setback 20 feet None Rear Setback 35 feet None Minimum Lot Width 75 feet 80 feet Minimum Lot Size 20,000 square feet (excluding lots existing before 1995) 10,000 square feet (excluding lots existing before 1995) Landscape Yards Required within front and corner side yards. (M-2 does not abut residential districts) Required within front and corner side yards and when abutting residential districts. Analysis of Factors Attachment F (pages 12-14) of the Planning Commission staff report outlines zoning map amendment standards that should be considered as the Council reviews this proposal. The standards and findings are summarized below. Please see the Planning Commission staff report for additional information. Factor Finding Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents. Generally consistent Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. Generally complies The extent to which a proposed map amendment will affect adjacent properties Generally complies Whether a proposed map amendment is consistent with the purposes and provisions of any applicable Does not conflict Page | 5 overlay zoning districts which may impose additional standards. The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. Complies City Department Review During City review of the petitions, no responding departments or divisions expressed concerns with the proposal, but stated additional review and permits would be required if the property is developed. PROJECT CHRONOLOGY • March 24, 2023 - Petition for zoning map amendment received by Planning Division. • April 20, 2023 - Petition assigned to Planning staff. • April-June 2023 – Planning staff worked with petitioner to remedy application deficiencies. • May 3, 2023 – Petition routed for department review comments. • June 20, 2023 – o Notice sent to community council. o Early notification sent to neighbors within 300 feet of the subject site. • August 10, 2023 – Public hearing notice mailed. Public notice posted on City and State websites and Planning Division listserv. • August 11, 2023 – Public hearing notice sign posted on the property. • August 23, 2023 – Planning Commission public hearing. The Planning Commission voted unanimously to forward a positive recommendation to the City Council for the proposed zoning map amendment. • September 4, 2023 – Ordinance requested from Attorney’s Office. • September 23, 2023 – Planning received signed ordinance from the Attorney’s Office. • October 9, 2023 – Transmittal received in City Council Office. 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: ____________________ ________________________ Rachel Otto, Chief of Staff Date sent to Council: ____________________ _____________________________________________________________________________________ TO: Salt Lake City Council DATE: October 6, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods ________________________ SUBJECT: Tony Sieverts Zoning Map Amendment (PLNPCM2023-00236) STAFF CONTACT: Aaron Barlow, Principal Planner, 801-535-6182 or aaron.barlow@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follows the Planning Commission’s recommendation and approves the requested Zoning Map Amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Salt Lake City has received a request from Tony Sieverts of Gladiola Street, LLC, the property owner, to rezone the property at approximately 680 South Gladiola Street from M-2 Heavy Manufacturing District to M-1 Light Manufacturing District. The stated intent of the proposed rezoning is to enable the use of the property as a commercial truck driving school (classified as a vocational school with outdoor activities), which is permitted within the M-1 Light Manufacturing zoning district and not within the M-2 Heavy Manufacturing district. The project area is roughly 4.79 acres or 208,652 square feet. The applicant has not included development plans with this request. If the Salt Lake City Council adopts the rezone request, the applicant would then need to submit the necessary development applications, and the development proposal would need to comply with all applicable regulations within the Salt Lake City Zoning Ordinance. Additional details regarding this request can be found in Planning Staff’s report for the Planning Commission rachel otto (Oct 9, 2023 11:19 MDT)10/09/2023 10/09/2023 PUBLIC PROCESS: For a full project timeline, please refer to Exhibit 1 • June 20, 2023 – Staff sent the 45-day required notice for recognized community organizations to the Glendale Community Council. Neither council provided feedback on the proposal. • June 20, 2023 – Property owners and residents within 300 feet of the development were provided early notification of the proposal. • June 26, 2023 – The project was posted to the Online Open House webpage. All projects west of 2200 W require an Online Open House post. • August 4, 2023 – The required 45-day notice period ended. • August 10, 2023 – Public hearing notice mailed, posted on City and State websites, and distributed through the Planning Division’s email listserv. • August 11, 2023 – Public Hearing Notice signs posted on the property. PLANNING COMMISSION HEARING AND RECOMMENDATION On August 23, 2023, the Planning Commission reviewed the proposal and held a public hearing. The hearing can be viewed here beginning at 1:39:34. One individual commented expressing concern that the rezone would affect his ability to continue his asphalt and concrete recycling facility (a use permitted only in the M-2 district). Location Map of subject property The Planning Commission voted unanimously to forward a recommendation of approval as proposed. Planning Commission (PC) Records a) PC Agenda of August 23, 2023 (Click to Access) b) PC Minutes of August 23, 2023 (Click to Access) c) Planning Commission Staff Report of August 23, 2023 (Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Mailing List 4) Original Petitions SALT LAKE CITY ORDINANCE No. _____ of 202__ (An ordinance amending the zoning of property located at approximately 680 South Gladiola Street from the M-2 Heavy Manufacturing District to the M-1 Light Manufacturing District) An ordinance amending the zoning map pertaining to the property located at approximately 680 South Gladiola Street from the M-2 Heavy Manufacturing District to the M-1 Light Manufacturing District pursuant to Petition No. PLNPCM2023-00236. WHEREAS, the Salt Lake City Planning Commission (”Planning Commission”) held a public hearing on August 23, 2023, on an application submitted by Tony Sieverts of Sieverts Property Holdings, LLC to amend the zoning map from the M-2 Heavy Manufacturing District to the M-1 Light Manufacturing District for a parcel located at approximately 680 South Gladiola Street (Tax ID No. 15-08-503-002-0000) (the “Property”), pursuant to Petition No. PLNPCM2023-00236. WHEREAS, at its August 23, 2023, meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said application; and WHEREAS, after a public hearing on this matter, the City Council has determined 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 Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Property, identified on Exhibit “A” attached hereto, shall be and hereby is rezoned from the M-2 Heavy Manufacturing District to the M-1 Light Manufacturing District. SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 20___. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 20___. Published: ______________. Ordinance rezoning 680 Gladiola Street APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Katherine D. Pasker, Senior City Attorney September 26, 2023 EXHIBIT “A” Legal Description of Property to be Rezoned: Tax ID 15-08-503-002-0000 A part of the Northeast Quarter of Section 8, Township 1 South, Range l West, Salt Lake Base & Meridian, more particularly described as follows: Beginning at a point located on the westerly right-of-way of Gladiola Street, said point also being S0°11'17"W 1324.80 feet and West 22.50 feet from the Centerline monument located at the intersection of 500 South and Gladiola Street, said point also being S89°37'35"E 1404.96 feet along the Section line and S0°22'25"W 47.54 feet from the North Quarter Corner of Section 8, Township I South, Range 1 West, Salt Lake Base & Meridian; and running thence southerly along said westerly right-of-way S0°11'17"W 254.67 feet to a point located on the northerly subdivision line of Sorenson Technology Park Plat 3, recorded as Entry No. 7095353 in Book 98-9P at Page 263, Date: September 23, 1998 on file with the Salt Lake County Recorder; thence running along said subdivision line the following two (2) courses: (1) S89°53'16"W 1379.40 feet; thence (2) N0°03'15"W 41.18 feet to the southerly right-of-way of the Union Pacific Railroad, said point being located 50' perpendicular from the centerline of the existing railroad track; thence N81°05'54"E 1397.10 feet to said westerly right of way, said also being the point of beginning. Contains 4.68 acres more or less TABLE OF CONTENTS 1) PROJECT CHRONOLOGY 2) NOTICE OF CITY COUNCIL PUBLIC HEARING 3) MAILING LIST 4) ORIGINAL PETITIONS 1. PROJECT CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2023-00236 March 24, 2023 Application submitted. April 20, 2023 Petition assigned to staff. April thru June 2023 Planning Staff worked with applicant to remedy application deficiencies. May 3, 2023 Petition routed for Department Review Comments. June 20, 2023 Staff sent the 45-day required notice for recognized community organizations to the Community Councils. June 20, 2023 Neighbors within 300 feet of the development were provided early notification of the proposal. August 4, 2023 45-day public comment period for recognized organizations ended. August 10, 2023 Public hearing notice mailed. Public notice posted on City and State websites and Planning Division listserv. August 11, 2023 Public hearing notice sign posted on the property. August 23, 2023 Planning Commission held a public hearing and made a recommendation to the City Council to approve the proposed amendments. September 4, 2023 Draft ordinance requested from City Attorney’s office. XXXX XX, 2023 Draft ordinance received from City Attorney’s office. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2023-00236 Sieverts Zoning Map Amendment. Tony Sieverts, the property owner of 680 South Gladiola Street, has submitted this request to rezone his property from M-2 Heavy Manufacturing District to M-1 Light Manufacturing District. The stated intent of the proposed rezoning is to enable the use of the property as a commercial truck driving school (classified as a vocational school with outdoor activities), which is permitted within the M-1 Light Manufacturing zoning district and not within the M-2 Heavy Manufacturing district. The project is within Council District 2, represented by Alejandro Puy. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held: DATE: PLACE: Electronic and in-person options. 451 South State Street, Salt Lake City, Utah ** This meeting will be held via electronic means, while 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. For more information, including WebEx connection information, please visit www.slc.gov/council/virtual-meetings. 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 Aaron Barlow at 801.535.6182 between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday, or by e-mail at aaron.barlow@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com, by selecting the “Planning” tab and entering the petition number PLNPCM2023-00236. 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. 3. MAILING LIST NAME ADDRESS CITY STATE ZIP ALLIED WASTE TRANSFERSERVICES OF UTAH INC 18500 N ALLIED WAY PHOENIX AZ 85054 BTBW, LLC 4835 S VIEWMONT ST HOLLADAY UT UT 84117 C1 SLC III‐V, LLC PO BOX A3879 CHICAGO IL 60690 CLCJ LAND INVESTMENTS, LLC 606 S GLADIOLA ST SALT LAKE CITY UT 84104 CTC PROPERTIES, LLC 529 E OAKHOLLOW CT BOUNTIFUL UT 84010 Current Occupant 3611 W 500 S Salt Lake City UT 84104 Current Occupant 3720 W 800 S Salt Lake City UT 84104 Current Occupant 3763 W 700 S Salt Lake City UT 84104 Current Occupant 615 S GLADIOLA ST Salt Lake City UT 84104 Current Occupant 622 S GLADIOLA ST Salt Lake City UT 84104 Current Occupant 632 S GLADIOLA ST Salt Lake City UT 84104 Current Occupant 650 S GLADIOLA ST Salt Lake City UT 84104 Current Occupant 655 S GLADIOLA ST Salt Lake City UT 84104 Current Occupant 670 S FULTON ST Salt Lake City UT 84104 Current Occupant 675 S GLADIOLA ST Salt Lake City UT 84104 Current Occupant 680 S GLADIOLA ST Salt Lake City UT 84104 Current Occupant 715 S GLADIOLA ST Salt Lake City UT 84104 Current Occupant 720 S GLADIOLA ST Salt Lake City UT 84104 DREDGE MANAGEMENT, LLC 1770 W ALEXANDER ST WEST VALLEY UT 84119 FREMONT PEAK, LLC 3073 E DIMPLE DELL CIR SANDY UT 84092 GFP ALLIANCE SALT LAKE, LLC PO BOX 460189, Dept 126 HOUSTON TX 77056 MICHAEL & JULIE HUISH REV TRET AL PO BOX 271067 SALT LAKE CITY UT 84127 NEW PRIME, INC 2740 N MAYFAIR AVE SPRINGFIELD MO 65803 QUESTAR GAS COMPANY PO BOX 27026 RICHMOND VA 23216 ROBINSON FANS WEST, INC 725 S GLADIOLA ST SALT LAKE CITY UT 84104 SIEVERTS, TONY R 10084 S Altavilla Dr SANDY UT 84092 UNION PACIFIC RAIL ROADCOMPANY 1400 DOUGLAS ST STOP 1640 OMAHA NE 68179 4. ORIGINAL PETITIONS Item B3 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Brian Fullmer Policy Analyst DATE:December 5, 2023 RE: 711 and 721 South 1200 East Zoning Map and Master Plan Amendments PLNPCM2023-00496/00639 MOTION 1 (close hearing and adopt (if the Council wishes to adopt this night)) I move that the Council close the public hearing and adopt the ordinance. MOTION 2 (close and defer) I move that the Council close the public hearing and defer action to a future Council meeting. MOTION 3 (continue hearing) I move that the Council continue the public hearing to a future Council meeting. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer Policy Analyst DATE:December 5, 2023 RE: 711 and 721 South 1200 East Zoning Map and Master Plan Amendments PLNPCM2023-00496/00639 BRIEFING UPDATE Council Members asked about proposed uses at the 1200 East building. A representative from the McGillis School stated large events and student drop-off/pick-up will happen at the main school. It is anticipated there will be flexible uses of the 1200 East building, such as classes and other smaller scale activities. Council Members expressed support for the proposal and noted that it is unusual for residents to reach out asking for a rezone to be approved. The following information was provided for the November 14, 2023 briefing. It is included again for background purposes. The Council will be briefed about a proposal to amend the zoning map for properties at 711 and 721 South 1200 East from their current R-2 (Single- and Two-Family Residential) zoning to I (Institutional). In addition, the proposal calls for amending the Central Community Master Plan future land use designations from Low-Density Residential to Institutional. Private K-12 schools are not a permitted use in the existing R-2 zoning district but are in the proposed Institutional zone. The proposed amendments would allow expansion of the McGillis School campus for classes, meetings, assemblies, and administration. While the properties are zoned R-2, the building on the property has been the historic Douglas Ward Building (an Institutional use). The McGillis School is under an agreement to purchase the currently unused church building from the Church of Jesus Christ of Latter-day Saints. In their application, the Item Schedule: Briefing: November 14, 2023 Set Date: November 14, 2023 Public Hearing: December 5, 2023 Potential Action: December 5, 2023 Page | 2 petitioner stated an intent to repurpose the building built in 1950 for the school rather than demolish it and construct another building. There is some urgency to the request as the agreement stipulates that the entitlement period ends December 9, 2023. The School is requesting Council action on the rezone and master plan amendment prior to that date. Combined, the two parcels are approximately 0.57 acres and the historic building’s footprint is roughly 8,800 square feet. The parcels are in a residential area primarily zoned R-2 shown in the zoning map below, with single-family homes, duplexes, and an apartment building nearby. The McGillis School’s other building is at the corner of 1300 East and 700 South, approximately 0.2 miles away as shown in the image below. It is anticipated that student drop off and pick-up will happen at the 1300 East building, and those participating in classes or other activities at the 1200 East building will walk between the two. This will reduce traffic impact to the surrounding neighborhood. There are sidewalks and a marked crosswalk between the two buildings. The McGillis School committed to necessary safety measures for students traveling between the buildings. Area zoning map with the subject parcels shown in red. Note-the McGillis School’s property is shaded in blue in the upper right corner of the image. Page | 3 Image (looking east) showing church building outlined in yellow, and McGillis School outlined in blue. Image courtesy of Salt Lake City Planning Division. The Planning Commission reviewed this proposal during its October 25, 2023 meeting and held a public hearing at which seven people, including a representative of the East Central Community Council, spoke. Six of the commenters were supportive of the proposal, and one was opposed. The person who spoke against the proposal cited concerns with additional foot and vehicle traffic. The Commission voted 8-0 to forward a positive recommendation to the City Council for both the zoning map and future land use map amendments with an additional recommendation that the Council discuss a potential development agreement or restrictive covenant limiting use of the property to a school or similar institutional function. Goal of the briefing: Review the proposed zoning and future land use map amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. The Council may wish to discuss whether to include a condition recommended by the Planning Commission that the petitioner enter into a development agreement or restrictive covenant with the City limiting use of the property to a school or similar institutional function if the Council adopts the proposed zoning map and master plan amendments. ADDITIONAL INFORMATION The Council is only being asked to consider rezoning the property and amending the future land use map. Because zoning of a property can outlast the life of a building, any rezoning application should be considered on the merits of changing the zoning of that property, not simply based on a potential project. KEY CONSIDERATIONS Planning staff identified three key considerations related to the proposal which are found on pages 5-10 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1 – Compliance with the Standards for General Amendments Planning staff found the proposed zoning map amendment complies with standards outlined below and found in attachment D (pages 54-57) of the Planning Commission staff report. Page | 4 Consideration 2 – Compliance with City Goals, Policies, and General Plans It is Planning staff’s opinion that the proposals align with goals and principles found in Plan Salt Lake and the Central Community Master Plan including: •Maintain neighborhood stability and character. •Preserve and enhance neighborhood and district character. •Retain areas and structures of historic and architectural value. •Prohibit the location or expansion of institutional facilities that displace or remove residential uses. •Improve and strengthen relationships between institutions and residential neighborhoods. Consideration 3 – Impact on Adjacent Property Owners In their review of the proposals, Planning staff considered impact on adjacent property owners in three areas: height and setbacks, parking and traffic, and land use. Height and Setbacks As shown in the table below, building height in the I zone is a maximum of 35 feet, with additional height up to 75 feet through design review. For each foot above 35 feet all required yards must be increased by one foot. This is intended to move the height toward the center of the property, and away from adjacent properties. Planning staff found that the I zone’s height requirements and design review process will help mitigate height impacts to adjacent properties if a future change of use is requested. It is worth noting that the church building’s steeple has been removed. Parking and Traffic When an expansion of a zoning district is proposed, the City requires a traffic and parking study along with the application. The McGillis School believes that using the church building as a school will not significantly impact traffic or parking. The City Zoning Administrator reviewed the application, and following department comments that did not include parking and traffic concerns, waived the requirement for a study. A building permit would be required before using the church building as a school. McGillis would also apply for a shared or offsite parking agreement with the existing school. This can be done because the two buildings are so close to each other. As discussed above, under the proposal student drop-off and pick-up will continue at the existing school, and students will walk from one building to the other. Only a few administrative parking spaces are anticipated to be needed at the subject property which can be accommodated with existing spaces. Land Use Planning staff believes that use of the existing church as part of The McGillis School will allow for compatible use while preserving the building. It is their opinion that such a use will strengthen the school’s connections with the neighborhood. ZONING COMPARISON Attachment E (pages 58-61) of the Planning Commission staff report includes a comparison of existing R-2 and proposed I zoning. It is replicated here for convenience. Regulation Existing Zoning (R-2)Proposed Zoning (I) Lot Area/Width Places of worship: 12,000 square feet /80 feet) Other uses: 20,000 square feet/100 feet 20,000 square feet /100 feet Page | 5 Building Height The maximum height of buildings with pitched roofs is 28 feet, or the average height of other principal buildings on the block face, while the maximum height of a flat-roofed building is 20 feet. 35 feet, with approval for heights over 35 feet but not exceeding 75 feet through design review. Provided, that for each foot of height over thirty-five feet (35'), each required yard shall be increased one foot (1'). Front Yard/Setback For buildings legally existing on April 12, 1995, the required front yard shall be no greater than the established setback line of the building. Twenty feet (20') Side Yard/Setback Four feet (4'); provided, that on interior lots one yard must be at least ten feet (10') Twenty feet (20') Rear Yard/Setback Twenty five percent (25%) of the lot depth, but not less than fifteen feet (15') and need not exceed twenty- five feet (25'). Twenty-five feet (25') Parking The parking regulations for places of worship are 1 space per 6 seats or 1 space per 300 sq. ft., whichever is less. The square footage of the church building is 8781 therefore approximately 29 spots would be required. There are 9 spots onsite. 9/29 as a percentage is 31%. For the use as a private school the parking requirement would be about 22 stalls. Minimum Parking Requirement for K–12 private schools, elementary or middle, is 1 space per 20 students. The enrollment at McGillis School is approximately 430 students; therefore, the parking requirement would be 22 stalls. Other uses in the I Zone may have more stringent parking requirements. Lot Coverage For lots with buildings legally existing on April 12, 1995, the coverage of existing buildings shall be considered legal conforming. N/A Open Space See Lot Coverage The minimum open space area for any use shall not be less than forty percent (40%) of the lot area Maximum exterior wall height Exterior walls must be 20 feet adjacent to interior side yards, with height increasing by 1 foot for each foot of increased setback beyond the minimum required side yard. If approved with a reduced setback, wall height decreases by 1 foot. No limit. Landscape The landscaping required by this chapter shall be provided as a condition of building permit issuance for any addition, expansion or intensification of a property that increases the floor area and/or parking requirement by fifty percent (50%) or more. The zoning administrator may waive the landscaping requirement if an existing building is located in an area of the lot that is required to be landscaped and compliance with the landscaping requirements of this chapter necessitates removing all or a portion of an existing building. The landscaping required by this chapter shall be provided as a condition of building permit issuance for any addition, expansion or intensification of a property that increases the floor area and/or parking requirement by fifty percent (50%) or more. The zoning administrator may waive the landscaping requirement if an existing building is located in an area of the lot that is required to be landscaped and compliance with the landscaping requirements of this chapter necessitates removing all or a portion of an existing building. Page | 6 Analysis of Factors Attachment E (pages 54-57) of the Planning Commission staff report outlines master plan and zoning map amendment standards that should be considered as the Council reviews this proposal. Please see the Planning Commission staff report for additional information. Factor Finding Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents. Complies Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. Complies The extent to which a proposed map amendment will affect adjacent properties. Complies Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. Complies The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. Complies City Department Review During City review of the petitions, no responding departments or divisions expressed objections to the proposal, but additional comments will be provided if the proposals are approved, and the property use is changed from a church to a private school. PROJECT CHRONOLOGY • June 23, 2023 – Petition for the zoning map amendment received by Planning Division. • July 18, 2023 – Petition assigned to Megan Booth, Principal Planner. Planning staff recommended the petitioner apply for a general plan amendment in addition to the zoning map amendment. • August 8, 2023 – Master plan amendment received by Planning Division. • August 10, 2023 – Notice sent to the East Central Community Council. • August 15, 2023 – o Early notification sent to property owners and residents within 300 feet of the proposal. o Proposal posted for an online open house. • September 29, 2023 – 45-day public comment period for recognized organizations ended. • October 13, 2023 – Planning Commission public hearing notices emailed to interested parties and residents/property owners who requested notice. Agenda posted to the Planning Commission website and the State of Utah Public Notice webpage. • October 14, 2023 – Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. Page | 7 • October 25, 2023 – Petitions reviewed by the Planning Commission and a public hearing was held. The Commission voted 8-0 to forward a positive recommendation to the City Council for both the zoning map and future land use map amendments with an additional recommendation that the Council discuss a potential development agreement or restrictive covenant limiting use of the property to a school or similar institutional function. • October 26, 2023 – Draft ordinance sent to the City Attorney’s Office and the signed ordinance was received the same day. • October 30, 2023-Transmittal received in City Council Office. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL Date Received: Rachel Otto, Chief of Staff Date sent to Council: 10/30/2023 10/30/2023 TO: Salt Lake City Council DATE: October 30, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods _ SUBJECT: PLNPCM2023-00639, Douglas Ward General Plan Amendment PLNPCM2023-00496, Douglas Ward Zoning Map Amendment STAFF CONTACT: Meagan Booth, Principal Planner, meagan.booth@slcgov.com, 801-535-721 or Wayne Mills, Planning Manager, wayne.mills@slcgov.com, 801-535-7282 DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council follows the recommendation of the Planning Commission to approve the requested Zoning Map and General Plan amendments. BUDGET IMPACT: None. BACKGROUND/DISCUSSION: Jim Brewer, representing the McGillis School, is requesting a General Plan and Zoning Map Amendment for the properties located at 711 S 1200 East and 721 S 1200 East. The subject properties are the location of the Douglas Ward House, a now vacant building formerly used as a church. McGillis School intends to purchase the properties and use the existing building as a school. The properties are currently zoned R-2 Single and Two-Family Residential District. Schools are not an allowed use in this zone, so the applicant is proposing to rezone the properties to I Institutional where schools are a permitted use. The applicant is also proposing to change the future land use designation in the Central Community Master Plan from Low-Density Residential to Institutional to ensure consistency between the City’s general plan and zoning. 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 rachel otto (Oct 30, 2023 16:20 MDT) For specific information regarding the proposal, please refer to the Planning Commission Staff Report. The Planning Commission discussed the petition at their October 25, 2023 meeting and held a public hearing. The Planning Commission voted (7:0) to recommend approval of the Zoning Map and General Plan amendment to the City Council. As part of their motion, the Planning Commission recommended that the City Council discuss a possible development agreement or restrictive covenant limiting the long-term use of the property to a school or similar institutional function. The discussion focused on the possibility that the property could be sold in the future, and then any use allowed in the Institutional zone would be allowed at this location. They stated in the discussion that some of the uses permitted uses in the I zone could have negative impacts on the neighborhood. The Planning Commission did not vote on a specific condition. They just recommended that the City Council raise the issue as a discussion point. The entire public meeting can be viewed using this link at the 1:49:00 mark. PUBLIC PROCESS: • The Planning Division provided a 45-day comment period notice to the East Central Community Council who held a public meeting and input opportunities related to the proposed project. • Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing notice about the proposal and information on how to give public input on the project on August 15 2023. • An online open house has been posted to the Planning Division’s webpage August 15, 2023 through September 29, 2023. • Public noticing of the Planning Commission hearing was completed on October 13, 2023. • Public comments were received before the Planning Commission hearing and included in the Staff Report. The public comments during the meeting were both in support and against the rezoning amendment. The theme of the comments was what happens if the McGillis School vacates the property in the future and impacts the neighborhood. Some parents of students at the McGillis School fully support the expansion of the McGillis School into the Douglas Ward Building. Planning Commission (PC) Records a) PC Agenda of October 25, 2023 (Click to Access) b) PC Minutes of October 25, 2023 (The transmittal was completed prior to adoption of the minutes. The minutes are scheduled to be adopted on November 8, 2023 and will be available here - https://www.slc.gov/planning/public-meetings/planning-commission- agendas-minutes/) c) Planning Commission Staff Report of October 25, 2023 (Click to Access Report) EXHIBITS 1. Chronology 2. Notice of City Council Hearing 3. Petition Application 4. Mailing List SALT LAKE CITY ORDINANCE No. of 2023 (Amending the zoning map pertaining to two parcels located at 711 and 721 South 1200 East Street to rezone those parcels from R-2 Single- and Two-Family Residential District to I Institutional District, and amending the Central Community Master Plan Future Land Use Map) An ordinance amending the zoning map pertaining to parcels located at 711 and 721 South 1200 East Street to rezone those parcels from R-2 Single- and Two-Family Residential District to I Institutional District pursuant to Petition No. PLNPCM2023-00496 and amending the Central Community Master Plan Future Land Use Map with respect to those properties to change the future land use designation from Low Density Residential to Institutional pursuant to Petition No. PLNPCM2023-00639. WHEREAS the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on October 25, 2023 on petitions submitted by Jim Brewer (“Applicant”) on behalf of the property owner to rezone parcels located at 711 and 721 South 1200 East Street (the “Properties”) to rezone those parcels from R-2 Single- and Two-Family Residential District to I Institutional District pursuant to Petition No. PLNPCM2023-00496 and to amend the Central Community Master Plan Future Land Use Map with respect to the Properties to change the future land use designation from Low Density Residential to Institutional pursuant to Petition No. PLNPCM2023-00639; and WHEREAS, at its October 25, 2023 meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said petitions; and WHEREAS, after a public hearing on this matter the city council has determined 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 Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Properties described on Exhibit “A” attached hereto, shall be and hereby are rezoned from R-2 Single- and Two-Family Residential District to I Institutional District. SECTION 2. Amending the Central Community Master Plan. The Future Land Use Map of the Central Community Master Plan shall be and hereby is amended to change the future land use designation of the Properties identified in Exhibit “A” attached hereto from Low Density Residential to Institutional. SECTION 3. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 2023. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on . Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 2023. Published: . Ordinance amending zoning and MP 711 and 721 S 1200 E APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _October 27, 2023 By: Paul C. Nielson, Senior City Attorney Exhibit “A” Legal Descriptions of Properties to be rezoned to I Institutional District. Parcel 1 (Tax ID No. 16-08-230-010-0000): Lots 16 through 21 inclusive, in Block 10, ARLINGTON HEIGHTS Subdivision, according to the official plat thereof on file and of record in the SALT LAKE County Recorder's Office. TOGETHER WITH one-half of the vacated alley abutting the property on the East. Parcel 2 (Tax ID No. 16-08-230-035-0000): Beginning at the Northwest Corner of Lot 23, Block 10, ARLINGTON HEIGHTS Subdivision and running thence North 89°57’27” East 34.257 feet; thence South 00°00’28” West 25.177 feet; thence North 89°42’34 East 36.257 feet; then South 00°00’28” West 25.00 feet; thence South 89°57’27” West 70.514 feet; thence North 00°00’28” East 50.015 feet to the point of beginning. 1) CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2023-00496 & PLNPCM2023-00639 June 23, 2023 Application for a Zoning Map Amendment was received. July 18, 2023 Petition PLNPCM2023-00496 was assigned to Meagan Booth, Principal Planner, for staff analysis and processing. Staff discussed the petition with the applicant and recommended they apply for a General Plan Amendment in addition to the zoning map amendment. Staff waited for this application in order to route the two applications concurrently. August 8, 2023 Master Plan Amendment Application PLNPCM2023-00639 was received. August 10, 2023 Notice was sent to Recognized Community Organization (RCOs) informing them of the petitions. The RCO was the East Central Community Council. August 15, 2023 Early notification of the project was also sent to property owners and residents within 300 feet of the proposal. August 15, 2023 The proposal was posted for an online open house. The proposal can still be viewed online. September 29, 2023 The 45-day public comment period for Recognized Organizations ended. October 13, 2023 Planning Commission public hearing notices emailed to interested parties and residents/property owners who requested notice. Agenda posted to the Planning Commission website and the State of Utah Public Notice webpage. October 14, 2023 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. October 20, 2023 Planning Commission Staff Report was posted. October 25, 2023 Planning Commission held a public hearing and made a recommendation to the City Council to approve the proposed map amendment. October 26, 2023 Draft Ordinance sent to the Attorney’s Office and the final ordinance was received the same day 2) NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering petitions PLNPCM2023-00496 & PLNPCM2023-00639, a request by Jim Brewer, Head of the McGillis School, to change the general plan and rezone the properties at 711 and 721 South 1200 East. The purpose of the amendments is to use the existing church building as a school. 1. Zoning Map Amendment (PLNPCM2023-00496): The subject properties are currently zoned R- 2 Single and Two-Family Residential District. Schools are not an allowed use in this zone; therefore, the applicant is proposing to change the zoning of the properties to I Institutional. 2. General Plan Amendment (PLNPCM2023-00639): The applicant is requesting to amend the future land use designation of the properties in the Central Community Master Plan from Low- Density Residential to Institutional to ensure consistency between the City’s general plan and zoning. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petitions. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TBD TIME: 7:00 PM PLACE: Electronic and in-person options. 451 South State Street, Room 326, Salt Lake City, Utah ** This meeting will be held via electronic means, while 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. For more information, including WebEx connection information, please visit www.slc.gov/council/virtual-meetings. 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 contact Meagan Booth at 801-535-7213 or meaagan.booth@slcgov.com, or Wayne Mills at 801-535-7282 or wayne.mills@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the "Planning" tab and entering the petition numbers PLNPCM2023-00496 & PLNPCM2023-00639. 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 make a request, please contact the City Council Office at council.comments@slcgov.com, (801)535-7600, or relay service 711. 3) PETITION APPLICATION DocuSign Envelope ID: C26CC5AA-27E0-4337-B7E2-ED6DBD6F6552 DocuSign Envelope ID: C26CC5AA-27E0-4337-B7E2-ED6DBD6F6552 ACKNOWLEDGEMENT OF RESPONSIBILITY This is to certify that I am making an application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application will be processed under the name provided below. By signing the application, I am acknowledging that I have read and understood the instructions provided by Salt Lake City for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I understand that the documents provided are considered public records and may be made available to the public. I understand that my application will not be processed until the application is deemed complete by the assigned planner from the Planning Division. I acknowledge that a complete application includes all of the required submittal requirements and provided documents comply with all applicable requirements for the specific applications. I understand that the Planning Division will provide, in writing, a list of deficiencies that must be satisfied for this application to be complete and it is the responsibility of the applicant to provide the missing or corrected information. I will keep myself informed of the deadlines for submission of material and the progress of this application. I understand that a staff report will be made available for my review prior to any public hearings or public meetings. This report will be on file and available at the Planning Division and posted on the Division website when it has been finalized. AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Legal Description of Subject Property: N me of Owner: Mailing Address Street Address: JDR JDR Date: Jun 21, 2023 The following shall be provided if the name of the applicant is different than the name of the property owner: 1. If you are not the fee owner attach a copy of your authorization to pursue this action provided by the fee owner. 2. If a corporation is fee titleholder, attach copy of the resolution of the Board of Directors authorizing the action. 3. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership 4. stating they have notified the owners of the proposed application. A vote should be taken prior to the submittal and a statement of the outcome provided to the City along with the statement that the vote meets the requirements set forth in the CC&Rs. Be advised that knowingly making a false, written statement to a government entity is a crime under Utah Code Chapter 76-8, Part 5. Salt Lake City will refer for prosecution any knowingly false representations made pertaining to s the subject of this application. Updated 9/14/22 FEE TITLE OWNER SIGNATURE SUBMITTAL REQUIREMENTS DocuSign Envelope ID: C26CC5AA-27E0-4337-B7E2-ED6DBD6F6552 Project Description (please electronically attach additional sheets. See Section 21A.50 for the Amendments ordinance.) A statement declaring the purpose for the amendment. A description of the proposed use of the property being rezoned. List the reasons why the present zoning may not be appropriate for the area. Is the request amending the Zoning Map? If so, please list the parcel numbers to be changed. Is the request amending the text of the Zoning Ordinance? If so, please include language and the reference to the Zoning Ordinance to be changed. WHERE TO FILE THE COMPLETE APPLICATION Apply online through the Citizen Access Portal. There is a step-by-step guide to learn how to submit online. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED I acknowledge that Salt Lake City requires the items above to be submitted before my application can be processed. I understand that Planning will not accept my application unless all of the following items are included in the submittal package. Attachment to Zoning Amendment Salt Lake City Rezoning of the Douglas Ward located at 721 South 1200 East, Salt Lake City, Utah LEGAL DESCRIPTION OF THE “DOUGLAS WARD” That certain real property located in Salt Lake City, Salt Lake County, Utah, described and generally depicted as follows: Parcel 1: Lots 16 through 21 inclusive, in Block 10, ARLINGTON HEIGHTS Subdivision, according to the official plat thereof on file and of record in the SALT LAKE County Recorder's Office. TOGETHER WITH one-half of the vacated alley abutting the property on the East. Parcel 2: Beginning at the Northwest Corner of Lot 23, Block 10, ARLINGTON HEIGHTS Subdivision and running thence North 89°57’27”East 34.257 feet; thence South 00°00’28”West 25.177 feet; thence North 89°42’34 East 36.257 feet; then South 00°00’28”West 25.00 feet; thence South 89°57’27” West 70.514 feet; thence North 00°00’28” East 50.015 feet to the point of beginning. Tax Parcels Nos. 16-08-230-035-0000 and 16-08-230-010-0000. The legal description of the Property shall be determined by the Title Report. PURPOSE STATEMENT The purpose of this amendment to the Zoning Map is to permit a school on the Douglas Ward property. Thus, we request the zoning be changed from R2 to Institutional (I). This zoning is consistent with The McGillis School located at 668 South 1300 East and other private schools in Salt Lake City. This new use has support from neighbors and Council Member Ana Valdemoros has offered to help The McGillis School with this Zoning Map Amendment and Master Plan Amendment, see attached letter. DESCRIPTION OF PROPOSED USE OF THE PROPERTY BEING REZONED The McGillis School currently operates a school located at 668 South 1300 East in Salt Lake City, Utah. The McGillis School desires to acquire the Douglas Ward and use said property as an extension of their existing school. As desired by The McGillis School, the Douglas Ward property will be used for classes, meetings, assemblies, and administration. LIST THE REASONS WHY THE PRESENT ZONING MAY NOT BE APPROPRIATE FOR THE AREA The Douglas Ward is currently zoned R-2. The McGillis School intends to use the property as an extension of their existing school. Although schools like The McGillis School are frequently located in residential areas, Salt Lake City Land Use Tables for permitted and conditional uses for residential districts show that the proposed use is not a permitted use or a conditional use. Thus, it is necessary to amend the Zoning Map and Master Plan so The McGillis School may use the building as a school. LIST THE PARCEL NUMBERS TO BE CHANGED AS PART OF THE REZONING Tax Parcels Nos. 16-08-230-035-0000 and 16-08-230-010-0000. 1632662.1CHL DocuSign Envelope ID: DBDB2B4F-E47F-46CF-848B-5983DBA4435F PLANNING PROCESS GENERAL PLAN AMENDMENT ABOUT THE APPLICATION Thank you for your interest in submitting a General Plan Amendment application. The following packet will provide general information to get started on your project and guide you through the application process from start to finish. The package is broken down into three sections: Information about the application, a visual diagram of the application process, and the application form. We highly encourage you to work with our Planning staff prior to submitting an application. For questions regarding any of the information listed in this packet or to set up a pre-submittal meeting please contact us at zoning@slcgov.com or give us a call at 801.535.7757. G) ....... 0 � ...... , ....a ...> '--···□ 0 f--fi 0 Important Process Information PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406 PO BOX 145480 SALT LAKE CITY. UT 84114-5480 Process Timeline Application Form SLC.GOVIPLA /J:'J!NG ZONING@SLCGOV.COM TEL 801-535-7757 .......................................................................................... GENERAL PLAN AMENDMENT PROCESS PLANNING DIVISION// v7.1.23 DocuSign Envelope ID: DBDB2B4F-E47F-46CF-848B-5983DBA4435F IMPORTANT PROCESS INFORMATION ORDINANCE Utah Code 10-9a-4 PURPOSE & INTENT OF THE PROCESS The general plan of the city includes any citywide plan, community plan, small area plan, corridor plan, or other plan that fits the requirements and definitions of a general plan under Utah Code 10-9a. Utah State Law requires every municipality to prepare and adopt a comprehensive, long-range general plan for: a. present and future needs of the municipality; and b. growth and development of all or any part of the land within the municipality. B-- EFFECT OF ADOPTED MASTER PLANS OR GENERAL PLANS (21A.02.040) All master plans or general plans adopted by the Planning Commission and City Council for the City, or for an area of the City, shall serve as an advisory guide for land use decisions. Amendments to the zoning text or zoning map should be consistent with the purposes, goals, objectives and policies of the applicable adopted master plan or general plan of Salt Lake City. CONSULTATION If you have questions regarding the General Plan Amendment regulations or process, please contact the Salt Lake City Planning Counter staff at zoning'.§lslcgov.com or give us a call at 801-535-7757. If you would like to discuss your development plan in more detail, you can request a pre-submittal meeting with Planning staff by contacting the Planning Counter. Pre-submittal meetings are held on Thursdays in 30 minute slots between 1:30 and 3:30 pm. ......................................................................................... . GENERAL PLAN AMENDMENT PROCESS 2 PLANNING DIVISION// v7.1.23 DocuSign Envelope ID: DBDB2B4F-E47F-46CF-848B-5983DBA4435F PROCESS TIMELINE TIME FRAME 0 6-12 MONTHS • APPLICANT • STAFF - ································8 ·(014days}. APPLICATION RECEIVED Application submitted and pre-screened to ensure submittal requirements are met and fees are paid. PLANNER ASSIGNED Application reviewed by Planner to ensure complete documentation (if incomplete, the applicant will be provided a list of missing info to submit). ,,.. .. ·••• ••• • ••···• � ••••••••• • • • • ••••• -(04Sdays)-8 <{/ ............. APPLICATION MODIFICATIONS Modifications based on public input & City Department review comments (if needed, applicant must submit updates). Minor issues will be conditions of approval. 000 PUBLIC NOTICE Public notices sent to nearby neighbors, property owners and Community Councils (when required by ordinance). Application routed to City Departments for review. i1 0::::0 0 0 • •( 0 21 days)·• • • • • • • • • • • • • • • • • • 0 • ( 0 21 days) .. PLANNING COMMISSION Public hearing scheduled, notices sent, staff report produced, and commission recommendation made. TRANSMITTAL TO COMMUNITY AND NEIGHBORHOODS (CAN) Commission minutes approval and public record are assembled by staff. After review, the package is transmitted to City Council. .................................... ....,. CITY COUNCIL PROCESS City Council holds a briefing with staff during work session. Public hearing and action follows. Timeline determined by City Council office. U}UJIU.sfc.q1 J1.�/���n,,tc·il. .......................................................................................... DISCLAIMER: APPLICATION TIME FRAMES MAY VARY DEPENDING ON CURRENT WORKLOAD AND COMPLEXITY OF APPLICATIONS. INCOMPLETE OR MISSING INFORMATION ON DRAWINGS AND APPLICATION FORMS WILL DELAY THE PROCESS. 0 DocuSign Envelope ID: DBDB2B4F-E47F-46CF-848B-5983DBA4435F GENERAL PLAN AMENDMENT IMPORTANT INFORMATION D CD CONSULTATION Available prior to submitting an application. For questions regarding the requirements, email us at zoning@slcgov.com. SUBMISSION Submit your application online through the Citizen Access Portal. Learn how to submit online by following the step-by-step fil,!ide. REQUIRED FEES ' $1,138 filing fee, plus $121 per acre (in excess of 1 acre). ' Additional required notice fees will be assessed after submission. APPLICANT INFORMATION PROJECT NAME (OPTIONAL) McGillis School Rezone ADDRESS OF SUBJECT PROPERTY 721 South 1200 East Salt Lake City, Utah REQUEST Master Plan Amendment from "Low Density Residen�al" to "Ins�tu�onal" NAME OF APPLICANT PHONE The McGillis School Jim Brewer 313-909-7672 MAI LING ADDRESS EMAi L 668 South 1300 East Salt Lake City, Utah 84102 jbrewer@mcgillisschool.org APPLICANT'S INTEREST IN PROPERTY('"m!laer'; eol,se,11: rnquirn<I) IF OTHER, PLEASE LIST Owner Architect* Contractor* • Other* NAME OF PROPERTY OWNER (i/rliJTernrti'Jrnm 1.tppli.:unt:) The Church of Jesus Christ of Later-day Saints MAILING ADDRESS 50 East North Temple Street Salt lake City, Utah 84111L Purchasing the property PHONE 801-240-1000 EMAi L kylehamblin@churchofjesuschrist.org OFFICE USE CASE NUMBER RECEIVED BY DATE RECEIVED TYPE OF AMENDMENT General Plan Text Land Use Map DISCLAIMER: PLEASE NOTE THAT AOOITIONALINFORMATION MAY BE REQUIRED BY THEPROJECTPLANNERTO ENSURE ADEQUATE INFORMATION IS PROVIDEDFORSTAFF ANALYSIS. ALL INFORMATION REQUIREDFOIITAFF ANALYSIS WILL BECOPIED AND MADE PUBLIC, INCLUDING PROFESSIONAL ARCHITECTURAL00 ENGINEERING DRAWINGS,FORTHEPURPOSES OFPUBLIC REVIEW BY ANY INTERESTED PARTY. 1 1111111111111111111111111111111111 I I II 1 1111111111111111111111111111111111111 I 11111 GENERALPLAN AMENDMENTPROCESS 4 PLANNING DIVISION//v7.1.23 DocuSign Envelope ID: DBDB284F-E47F-46CF-848B-5983DBA4435F ACKNOWLEDGMENT OF RESPONSIBILITY 1. This is to cer�fy that I am making an applica�on for the described ac�on by the City and that I am responsible for complying with all City requirements with regard to this request. This applica�on will be processed under the name provided below. 2. By signing the applica�on, I am acknowledging that I have read and understood the instruc�ons provided for processing this applica�on. The documents and/or informa�on I have submited are true and correct to the best of my knowledge. I understand that the documents provided are considered public records and may be made available to the public. 3. I understand that my applica�on will not be processed un�l the applica�on is deemed complete by the assigned planner from the Planning Division. I acknowledge that a complete applica�on includes all of the required submital requirements and provided documents comply with all applicable requirements for the specific applica�ons. I understand that the Planning Division will provide, in wri�ng, a list of deficiencies that must be sa�sfied for this applica�on to be complete and it is the responsibility of the applicant to provide the missing or corrected informa�on. I will keep myself informed of the deadlines for submission of material and the progress of this applica�on. 4. I understand that a staff report will be made available for my review prior to any public hearings or public mee�ngs. This report will be on file and available at the Planning Division and posted on the Division website when it has been finalized. NAME OF APPLICANT EMAI L The McGillis School Jim Brewer jbrewer@mcgillisschool.org MAILING AD D RE S S PH ONE 668 South 1300 East Salt Lake City, Utah 84102 313-909-7672 APPLICATION TYPE DATE Master Plan Amendment "Low Density Residen�al" to "lns��onal" 8/2/2023 LEGAL PROPERTY OWNER CONSENT If the applicant is not the legal owner of the property, a consent from property owner must be provided. Proper�es with a single fee �tle owner may show consent by filling out the informa�on below or by providing an affidavit. Affirma�on of sufficient interest: I hereby affirm that I am the fee �tle owner of the below described property or that I have writen authoriza�on from the owner to pursue the described ac�on. Owner's authoriza�on to applicant to submit this applica�on is subject to the LEGAL DES C R I PTION OF SUBJE C T P R OPE R TY terms and condi�ons contained in the Purchase and Sale Agreement between See Atached applicant and Owner in connec�on with the Property. NAME OF OWNER EMAI L The Church of Jesus Christ of Later-day Saints kylehamblin@churcho�esuschrist.org MAILING AD D RE S S S IGNATU RE JDRJDR DATE 50 East North Temple Street Salt lake City, Utah 84111 L Kyle Hamblin (Aug 4, 2023 15:07 MDT) Aug 4, 2023 Kyle Hamblin Real Estate Manager 1. If a corpora�on is fee �tleholder, atach copy of the resolu�on of the Board of Directors authorizing the ac�on. 2. If a joint venture or partnership is the fee owner, atach copy of agreement authorizing ac�on on behalf of the joint venture or partnership. 3. If a Home Owner's Associa�on is the applicant then the representa�ve/president must atach a notarized leter sta�ng they have no�fied the owners of the proposed applica�on. A vote should be taken prior to the submital and a statement of the outcome provided to the City along with the statement that the vote meets the requirements set forth in the CC&Rs. DISCLAIMER: BEA DVISED THAT KNOWINGLYM AKING A FALSE, WRITTEN STATEMENT TOA GOVEMENTENTITYI S A CRIMEU NDER UTAH CODE CHAPTER 76-8, PART 5. SALT LAKE CITY WILL REF ER FOR PROSECUTION ANY KNOWING.Y FALSE REPRESENTATIONS MADE PERTAINING TO THEA PPLICANT'S INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................................. IN THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION • GENERAL PLANA MENDMENT PROCESS 5 PLANNING DIVISION // v7.1.23 DocuSign Envelope ID: DBDB284F-E47F-46CF-8488-5983DBA4435F SUBMITTAL REQUIREMENTS . lease provide the c,llowing :nfo1·mation with y, 1i 1r application. Confirm that you ha·;e included each of the requirements listed below by adding a check mark for each item. CHECK REQUIREMENTS (DISCRETIONARY PROCESS DETERMINED BY CITY COUNCIL) Q Project Description: • Describe the proposed general plan amendment. • A statement declaring the purpose for the amendment. • Declare why the present general plan requires amending. • Is the request amending the Land Use Map? If so, please list the parcel numbers to be changed. • Is the request amending the text of the general plan? If so, please include the exact language to be changed. INCOMPLETE INFORMATION WILL NOT BE ACCEPTED INITIALS DISCLAIMER: I ACKNOWLEDGE THAT SALT LAKE CITY REQUIRES THE ITEMS ABOVE TO BE SUBMITTED BEFORE MY APPLICATION CAN BE PROCESSED.I UNDERSTAND THAT PLANNING WILL NOT ACCEPT MY APPLICATION UNLESS ALL OF THE FOLLOWING ITEMS ARE INCLUDED IN THE SUBMITTAL PACKAGE. ■ 11, • • • ■ ■ • e • • e + I I I I • ■ • ■ I lo • • • ■ • • ■ ■ ■ • • • ■ ■ • ■ • ■ ■ + • e ■ ■ • ■ ti ■ ■ ■ • I • ■ ■ e ■ ti ti ■ • I ■ ■ ■ e + • ti I I • ■ ■ • • ■ • ■ • • • ■ • • ■ • GENERAL PLAN AMENDMENT PROCESS 6 PLANNING DIVISION II v7.1.23 Attachment to Master Plan Amendment Salt Lake City Master Plan Amendment of the Douglas Ward located at 721 South 1200 East, Salt Lake City, Utah LEGAL DESCRIPTION OF SUBJECT PROPERTY Tax Parcels Nos. 16-08-230-035-0000 and 16-08-230-010-0000 That certain real property located in Salt Lake City, Salt Lake County, Utah, described and generally depicted as follows: Parcel 1: Lots 16 through 21 inclusive, in Block 10, ARLINGTON HEIGHTS Subdivision, according to the official plat thereof on file and of record in the SALT LAKE County Recorder's Office. TOGETHER WITH one-half of the vacated alley abutting the property on the East. Parcel 2: Beginning at the Northwest Corner of Lot 23, Block 10, ARLINGTON HEIGHTS Subdivision and running thence North 89°57’27” East 34.257 feet; thence South 00°00’28” West 25.177 feet; thence North 89°42’34” East 36.257 feet; then South 00°00’28” West 25.00 feet; thence South 89°57’27” West 70.514 feet; thence North 00°00’28” East 50.015 feet to the point of beginning. DESCRIPTION OF THE PROPOSED GENERAL PLAN AMENDMENT ACCOMPANYING THE ZONING MAP AMENDMENT This Master Plan Amendment is necessary to accompany the Zoning Map Amendment to permit The McGillis School to rezone the Douglas Ward property for use as a school. The Zoning Map Amendment requests a change from Residential (R2) to Institutional (I). This Master Plan Amendment requests a change to the designation of the property in the "Future Land Use Map" of the plan from "Low Density Residential" to "Institutional." STATEMENT DECLARING AMENDMENT PURPOSE The McGillis School currently operates a school located at 668 South 1300 East, Salt Lake City, Utah. The McGillis School desires to acquire the Douglas Ward and use said property as an extension of their existing school. As desired by The McGillis School, the Douglas Ward property will be preserved and used for classes, meetings, assemblies, administration and community events. AMENDMENT REQUIRED TO COMPLY WITH GENERAL PLAN The Douglas Ward is currently zoned R-2. The McGillis School intends to use the property as an extension of their existing school. Although schools like The McGillis School are frequently located in residential areas, Salt Lake City Land Use Tables for permitted and conditional uses for residential districts shows that the proposed use is not a permitted use or a conditional use. Thus, it is necessary to amend the Zoning Map and the Future Land Use Map so The McGillis School may use the building as a school. This requested change is consistent with the Central Community Master Plan and will prolong the buildings useful life. The Central Community Master Plan “…encourages diversity of use, preservation of historic neighborhoods and buildings, and design excellence to maintain and enhance the quality of living in the Central Community.” The Master Plan desires to preserve and “enhance neighborhood character and historical integrity….” The East Central South neighborhood enjoys fairly homogeneous Low to High Density single-family residential dwellings intermixed with Public Lands and Institutional Lands as depicted on the map below. This Master Plan Amendment is consistent with the guiding principles of the Central Community Master Plan. This requested change will: 1) maintain the Central Community’s historic fabric; 2) support quality living without doing harm to citizens; and 3) preserve historic structures and residential neighborhoods. If The McGillis School does not purchase the Douglas Ward and use the building as a school, the building will most likely be demolished changing the historic fabric and creating undesirable impacts to the neighborhood. Preserving the building by changing its use is far more desirable. This requested change is consistent with Residential Land Use Policy (RLU) 1.1 which desires to preserve low-density residential areas and keep them from being replaced by higher density residential and commercial uses. The requested change to Institutional Land Use is also consistent with the Central Community Master Plan’s Institutional Land Use policies and goals. Institutional Land, in this case a school, is intended to serve the general public and may be operated by either a public or private entity. The Institutional section of the Master Plan acknowledges that “Many institutional structures have historical significance and are worthy of preservation.” The McGillis School’s desired use of the Douglas Ward as a private elementary school is one of the six permitted uses in the Institutional Land Uses zone. The Master Plan acknowledges that “schools are an important part of the community fabric and an essential component of viable and sustainable neighborhoods.” The Master Plan encourages the city to keep schools “within neighborhoods as a community anchor and serve as a resource for residents of all ages.” The McGillis School’s desire to repurpose the Douglas Ward is consistent with Institutional Land Use Policy (INSLU) 1.4 which provide for appropriate “re-use of abandoned or vacant religious facilities with day care and other social services, residential or open space land use.” The McGillis School feels strongly that the Institutional zone would be more appropriate than the Public Lands zone. This amended application has been submitted to change to the Institutional zone. Section 21A.32.080 (E) requires a minimum of 40% open space. Section 21A.32.080(F) requires Interior Side Yard setbacks of 20’ and Rear Yard setbacks of 25’. Section 21A.32.080(G) requires landscaping Side Yard setbacks of 8’ and Rear Yard setbacks of 8’. The Douglas Ward is an existing structure and does not comply with these provisions. That said, the Applicant believes that the net benefit of keeping the existing structure with the requested zoning changes, outweighs the potential benefits that would be derived from enforcing these requirements. Many of these nonconformities would exist under the Public Lands zone (although the measurements maybe slightly different). Thus, the Applicant requests approval despite these nonconformities. Although many of the requirements of the two zones are very similar, the Institutional zone appears to require a traffic and parking study. The McGillis School intents to have their students dropped off and picked up at their existing school. Thus, the traffic and parking at the Douglas Ward will consist largely of staff parking. In this case, although the use will change, the Applicant believes that the new use will not significantly impact the traffic or parking. Thus, the Applicant requests the Zoning Administrator waive the requirement for a traffic and parking study. As outlined above, this Master Plan Amendment and accompanying Zoning Map Amendment are consistent with Salt Lake City ordinances and policies and are supported by the community because the request will preserve the existing neighborhood. This Master Plan Amendment does not amend the text of the General Plan. 1632662.1CHL Attachment to Zoning Amendment Salt Lake City Rezoning of the Douglas Ward located at 721 South 1200 East, Salt Lake City, Utah LEGAL DESCRIPTION OF THE “DOUGLAS WARD” That certain real property located in Salt Lake City, Salt Lake County, Utah, described and generally depicted as follows: Parcel 1: Lots 16 through 21 inclusive, in Block 10, ARLINGTON HEIGHTS Subdivision, according to the official plat thereof on file and of record in the SALT LAKE County Recorder's Office. TOGETHER WITH one-half of the vacated alley abutting the property on the East. Parcel 2: Beginning at the Northwest Corner of Lot 23, Block 10, ARLINGTON HEIGHTS Subdivision and running thence North 89°57’27”East 34.257 feet; thence South 00°00’28”West 25.177 feet; thence North 89°42’34 East 36.257 feet; then South 00°00’28”West 25.00 feet; thence South 89°57’27” West 70.514 feet; thence North 00°00’28” East 50.015 feet to the point of beginning. Tax Parcels Nos. 16-08-230-035-0000 and 16-08-230-010-0000. The legal description of the Property shall be determined by the Title Report. PURPOSE STATEMENT The purpose of this amendment to the Zoning Map is to permit a school on the Douglas Ward property. Thus, we request the zoning be changed from R2 to Institutional (I). This zoning is consistent with The McGillis School located at 668 South 1300 East and other private schools in Salt Lake City. This new use has support from neighbors and Council Member Ana Valdemoros has offered to help The McGillis School with this Zoning Map Amendment and Master Plan Amendment, see attached letter. DESCRIPTION OF PROPOSED USE OF THE PROPERTY BEING REZONED The McGillis School currently operates a school located at 668 South 1300 East in Salt Lake City, Utah. The McGillis School desires to acquire the Douglas Ward and use said property as an extension of their existing school. As desired by The McGillis School, the Douglas Ward property will be used for classes, meetings, assemblies, and administration. LIST THE REASONS WHY THE PRESENT ZONING MAY NOT BE APPROPRIATE FOR THE AREA The Douglas Ward is currently zoned R-2. The McGillis School intends to use the property as an extension of their existing school. Although schools like The McGillis School are frequently located in residential areas, Salt Lake City Land Use Tables for permitted and conditional uses for residential districts show that the proposed use is not a permitted use or a conditional use. Thus, it is necessary to amend the Zoning Map and Master Plan so The McGillis School may use the building as a school. LIST THE PARCEL NUMBERS TO BE CHANGED AS PART OF THE REZONING Tax Parcels Nos. 16-08-230-035-0000 and 16-08-230-010-0000. 1632662.1CHL Attachment to Master Plan Amendment Salt Lake City Master Plan Amendment of the Douglas Ward located at 721 South 1200 East, Salt Lake City, Utah LEGAL DESCRIPTION OF SUBJECT PROPERTY Tax Parcels Nos. 16-08-230-035-0000 and 16-08-230-010-0000 That certain real property located in Salt Lake City, Salt Lake County, Utah, described and generally depicted as follows: Parcel 1: Lots 16 through 21 inclusive, in Block 10, ARLINGTON HEIGHTS Subdivision, according to the official plat thereof on file and of record in the SALT LAKE County Recorder's Office. TOGETHER WITH one-half of the vacated alley abutting the property on the East. Parcel 2: Beginning at the Northwest Corner of Lot 23, Block 10, ARLINGTON HEIGHTS Subdivision and running thence North 89°57’27” East 34.257 feet; thence South 00°00’28” West 25.177 feet; thence North 89°42’34” East 36.257 feet; then South 00°00’28” West 25.00 feet; thence South 89°57’27” West 70.514 feet; thence North 00°00’28” East 50.015 feet to the point of beginning. DESCRIPTION OF THE PROPOSED GENERAL PLAN AMENDMENT ACCOMPANYING THE ZONING MAP AMENDMENT This Master Plan Amendment is necessary to accompany the Zoning Map Amendment to permit The McGillis School to rezone the Douglas Ward property for use as a school. The Zoning Map Amendment requests a change from Residential (R2) to Institutional (I). This Master Plan Amendment requests a change to the designation of the property in the "Future Land Use Map" of the plan from "Low Density Residential" to "Institutional." STATEMENT DECLARING AMENDMENT PURPOSE The McGillis School currently operates a school located at 668 South 1300 East, Salt Lake City, Utah. The McGillis School desires to acquire the Douglas Ward and use said property as an extension of their existing school. As desired by The McGillis School, the Douglas Ward property will be preserved and used for classes, meetings, assemblies, administration and community events. AMENDMENT REQUIRED TO COMPLY WITH GENERAL PLAN The Douglas Ward is currently zoned R-2. The McGillis School intends to use the property as an extension of their existing school. Although schools like The McGillis School are frequently located in residential areas, Salt Lake City Land Use Tables for permitted and conditional uses for residential districts shows that the proposed use is not a permitted use or a conditional use. Thus, it is necessary to amend the Zoning Map and the Future Land Use Map so The McGillis School may use the building as a school. This requested change is consistent with the Central Community Master Plan and will prolong the buildings useful life. The Central Community Master Plan “…encourages diversity of use, preservation of historic neighborhoods and buildings, and design excellence to maintain and enhance the quality of living in the Central Community.” The Master Plan desires to preserve and “enhance neighborhood character and historical integrity….” The East Central South neighborhood enjoys fairly homogeneous Low to High Density single-family residential dwellings intermixed with Public Lands and Institutional Lands as depicted on the map below. This Master Plan Amendment is consistent with the guiding principles of the Central Community Master Plan. This requested change will: 1) maintain the Central Community’s historic fabric; 2) support quality living without doing harm to citizens; and 3) preserve historic structures and residential neighborhoods. If The McGillis School does not purchase the Douglas Ward and use the building as a school, the building will most likely be demolished changing the historic fabric and creating undesirable impacts to the neighborhood. Preserving the building by changing its use is far more desirable. This requested change is consistent with Residential Land Use Policy (RLU) 1.1 which desires to preserve low-density residential areas and keep them from being replaced by higher density residential and commercial uses. The requested change to Institutional Land Use is also consistent with the Central Community Master Plan’s Institutional Land Use policies and goals. Institutional Land, in this case a school, is intended to serve the general public and may be operated by either a public or private entity. The Institutional section of the Master Plan acknowledges that “Many institutional structures have historical significance and are worthy of preservation.” The McGillis School’s desired use of the Douglas Ward as a private elementary school is one of the six permitted uses in the Institutional Land Uses zone. The Master Plan acknowledges that “schools are an important part of the community fabric and an essential component of viable and sustainable neighborhoods.” The Master Plan encourages the city to keep schools “within neighborhoods as a community anchor and serve as a resource for residents of all ages.” The McGillis School’s desire to repurpose the Douglas Ward is consistent with Institutional Land Use Policy (INSLU) 1.4 which provide for appropriate “re-use of abandoned or vacant religious facilities with day care and other social services, residential or open space land use.” The McGillis School feels strongly that the Institutional zone would be more appropriate than the Public Lands zone. This amended application has been submitted to change to the Institutional zone. Section 21A.32.080 (E) requires a minimum of 40% open space. Section 21A.32.080(F) requires Interior Side Yard setbacks of 20’ and Rear Yard setbacks of 25’. Section 21A.32.080(G) requires landscaping Side Yard setbacks of 8’ and Rear Yard setbacks of 8’. The Douglas Ward is an existing structure and does not comply with these provisions. That said, the Applicant believes that the net benefit of keeping the existing structure with the requested zoning changes, outweighs the potential benefits that would be derived from enforcing these requirements. Many of these nonconformities would exist under the Public Lands zone (although the measurements maybe slightly different). Thus, the Applicant requests approval despite these nonconformities. Although many of the requirements of the two zones are very similar, the Institutional zone appears to require a traffic and parking study. The McGillis School intents to have their students dropped off and picked up at their existing school. Thus, the traffic and parking at the Douglas Ward will consist largely of staff parking. In this case, although the use will change, the Applicant believes that the new use will not significantly impact the traffic or parking. Thus, the Applicant requests the Zoning Administrator waive the requirement for a traffic and parking study. As outlined above, this Master Plan Amendment and accompanying Zoning Map Amendment are consistent with Salt Lake City ordinances and policies and are supported by the community because the request will preserve the existing neighborhood. This Master Plan Amendment does not amend the text of the General Plan. 1632662.1CHL Welcome to McGillis AN INDEPENDENT PRIVATE SCHOOL FOR KINDERGARTEN THROUGH 8TH GRADE Where community is a core value October 18, 2023 Dear Salt Lake City Planning Commission, As Head of School at The McGillis School, and on behalf of the School’s Board of Trustees, I write to ask for your consideration in our application for Rezone and General Plan Amendment for the Douglas Ward property. I am also writing to share with you some background on The McGillis School and why we wish to acquire the Douglas Ward Building. Rooted in Jewish culture and values, our independent private school is open to all children and serves Kindergarten through 8th Grade. McGillis believes in creating community (kehilah), repairing the world (tikkun olam), and doing good and kind deeds (gemilut hasadim). We are currently in our fourth decade of operations in Salt Lake City and have called the former Douglas Elementary School building our home since 2001. We feel honored by the opportunity to add the Douglas Ward Building to our school community for many reasons. The Ward meetinghouse, located at 721 South 1200 East, is just one block from our school, and we were fortunate enough to temporarily hold classes and activities there in 2010, while our current building underwent construction for a major addition. Beyond that direct connection, we have long appreciated and nurtured our relationship with our immediate neighborhood, including the Douglas Ward and the East Central Community Council. We are invested in this neighborhood and wish to continue being a good neighbor. As demonstrated in how we approached our building’s expansion in 2010, we also have a proven history of preserving local architecture. We took great pride then in matching the exterior of our addition to the original building, creating a seamless look for the campus that we call home today. Finally, we have expanded our offerings in recent years and need more space. In the fall of 2020, McGillis opened its doors to students with language-based learning differences (dyslexia, dysgraphia, and dyscalculia) by offering a program called The Learning Center (TLC), the only school-within-a-school model in the state of Utah. In just three years, this program, which began with 11 students, has tripled in size and will graduate its first 8th Grade class in May 2024. We anticipate the demand for this unique program to continue to grow year over year. I invite you to review the pages that follow, which demonstrate more about the history of McGillis. Please feel free to reach out to me directly should you have questions or wish to discuss further. Sincerely, Jim Brewer Head of School jbrewer@mcgillisschool.org Vision, Purpose, Mission, and Values Our VISION is to inspire and prepare our community for a lifetime of creating a better world. Our PURPOSE is to create individuals committed and able to repair the world. Our MISSION is to educate children and instill in our students a love of learning and the abilities to think critically, live ethically, and appreciate the value of each individual. McGillis Values Our teaching and our community are grounded in the fundamental values found in the Jewish culture and shared by all who seek to better the world. We celebrate Jewish traditions and holidays and bring the values they represent to life in the ways we educate our children, build our community, govern our school, and utilize our resources. Tzedakah Giving to others Tikkun Olam Repairing the world Gemilut Hasadim Doing good and kind deeds Limud L’shma Learning for the sake of learning Derech Eretz Having respect for all Kehilah Our community Lower School Kindergarten – Grade 5 Middle School Grades 6 - 8 Three Divisions, One Community Recognizing that each child is unique in their development, our grade-level teams collaborate as we think about how we implement classroom instruction. With various structures, students receive the personal support they need to achieve success and develop core skills. We have a vertical curriculum that is aligned around priority standards taught with fidelity at each grade level using a range of teaching methods, instructional materials and student groupings. The academic program, while sophisticated, is not based on a linear approach to curriculum. Rather, the emphasis is on inquiry-based learning and designed to broaden conceptual experience and create opportunities for students to construct highly personal and meaningful understanding. Classes are taught by masters in the fields of: • Science • Math • Ethics & Culture • Service Learning • Social-Emotional Learning • Outdoor Environmental Education • Language • Art • Music • Drama • Physical Education STUDENTS OF JEWISH DESCENT 15% STUDENTS OF COLOR GRADES K-8 STUDENTS STUDENT TO FACULTY RATIO 8:1 AVERAGE CLASS SIZE 19 The Learning Center Differences • Health & Wellness Respecting and Preserving Local history matters to our community Excerpt from Utah Heritage Foundation article: The McGillis School's renovation of the historic Douglas School is a wonderful example of how old school buildings can meet the needs of modern educators and students. On a tight timeline and budget, The McGillis School team successfully addressed many of the issues used to justify tearing down historic schools. For example, the McGillis project used center-core drilling to economically and effectively address seismic safety concerns. A wireless broadcast network eliminated the need for rewiring the building to accommodate new technologies. Sensitive alterations, including a new elevator and raised front entrance, made the school ADA accessible. The McGillis School used the original plans for Douglas School to guide its renovation and preserve much of the building's historic fabric. The original maple floors in the halls were refinished. Drop ceilings in the classrooms were raised to expose beautiful tall windows to their full height. On the exterior, water- damaged concrete was painstakingly repaired. An unobtrusive aluminum cap on the roof's parapet wall will protect it from further damage. The McGillis School used the original plans for Douglas School to guide its renovation and preserve much of the building's historic fabric. More than just a great building, the former Douglas School is also a landmark on 1300 East and the namesake of the Douglas neighborhood. When Salt Lake City School District announced plans to sell the building, many worried it would be demolished for new development. Fortunately, The McGillis School and the Douglas Neighborhood Association shared the goal of preserving the building and its surrounding open space. With its modern amenities in a welcoming historic setting, The McGillis School offers a wonderful environment for learning and preserves a neighborhood legacy. Article source: http://utahcfa.org/project/douglas-mcgillis-school Original Douglas School Building, 1915 Present-day McGillis School Building, 2023 2020 2021 2022 2023 FEBRUARY Douglas Neighborhood contacts McGillis sale of the Ward building. SEPTEMBER McGillis tours Douglas Ward building with member. JANUARY offer to purchase Douglas Ward. FEBRUARY Seller contacts McGillis with Douglas Ward to McGillis. offer to purchase Douglas Ward. JUNE McGillis signs and APRIL Seller chooses AUGUST non-refundable. OCTOBER Planning zoning. DECEMBER ends, closing deadline 12/9. Acquisition Timeline NOVEMBER McGillis officially purchasing the property. FEBRUARY Seller chooses and final LOI and offer to purchase Douglas Ward. Cory Sinclair Board Chair Let’s Connect! Brewer Head of School Michael VanTyne Director of Operations Letters of Support Jason Stevenson McGillis Parent and former Chair of East Liberty Park Community Organization (ELPCO) Esther Hunter East Central Community Council (ECCC) Frederick Stagbrook de Clairmont Neighbor Brandy Strand Preservation Utah *Ana Valdemoros Salt Lake City Council *William McClelland Former Bishop of Douglas Ward *Letters written in 2022 addressed to seller in previous acquisition effort. October 5, 2023 Dear Salt Lake City Planning Commissioners: I am writing in support of the Douglas Ward rezone and general plan amendment proposed by The McGillis School (PLNPCM2023-00496 and PLNPCM2023-00639). I want to disclose that two of my children started attending McGillis school this year, giving me a stake as a parent affiliated with this school. I also have a community connection to this project. Last October I stepped down after serving for six years as the co-chair of the East Liberty Park Community Organization (ELPCO), the community council located two blocks south of the East Central neighborhood where this project is located. At ELPCO, I engaged with multiple land use and zoning applications that came before our council and this commission. I saw The Good. The Bad. And the Ugly. The application by The McGillis School is in the “Good” category. First, this proposal will extend the active lifespan of the Douglas Ward for many years. During multiple community meetings, residents told McGillis and community leaders that their primary goal was the preservation of the Douglas Ward building. The McGillis School intends to renovate and update the ward building to use as an extension of their existing school. McGillis has already demonstrated their willingness to preserve buildings with local significance through their skillful renovation of the Douglas School, which now houses their lower grade classrooms. McGillis purchased the 1916-era Douglas School in 2002 and completed renovation and seismic retrofitting to open the new school in time for students by the next fall. When McGillis needed to expand in 2010, they maintained the original Douglas School and constructed a modern architectural mirror of the building on adjacent land and connected the buildings with interior walkways. Second, McGillis has proven itself as a reliable and accessible community partner. The school routinely hosts community council meetings as well as PCE plume information sessions and special events, such as a city council and mayoral candidate forum earlier this month. The goodwill generated by the school’s approachability has led to widespread support for this project from neighbors and the East Central Community Council. Third, the traffic and parking impacts of this application have been addressed thoroughly in the application. McGillis plans to use the Douglas Ward for staff parking, keeping the current pick-up and drop-off locations for students at the existing school. Based on my experience with my own kids at McGillis this year, the school devotes significant time and attention to planning and improving parking, traffic, congestion, and student safety. Based on these points, plus the broad community support that accompanies this application, I urge you to support the Douglas Ward rezone and general plan amendment proposed by The McGillis School. Sincerely, Jason Stevenson September 29, 2023 Meagan Booth Principal Planner, Planning Division Department of Community & Neighborhoods Meagan.booth@slcgov.com 801.535.7213 Salt Lake City Planning Commission Salt Lake City Corporation Regarding: 721 S. 1200 E. - PLNPCM2023-00496 & PLNPCM2023-00639 Dear Planning Staff and Planning Commissioners, The East Central Community is in complete unanimous support of the McGillis School rezone and master plan amendment for the Douglas Ward property. The ECC has had a longstanding positive and trusting relationship with McGillis. We cannot say enough good about this school, their benefit to our neighborhood and the thoughtful way they conduct all aspects of their property/school in the neighborhood. They are great neighbors. It is for this reason when the Douglas Ward building was being vacated by The Church of Jesus Christ of Latter-day Saints, the ECC approached the McGillis administration to explore the possibility of their needing this additional space. We are very pleased that this opportunity is becoming a reality. This proposal was reviewed during the August 10th general membership meeting of the ECC with approximately 72 neighbors present. After the presentation it was proposed that a positive recommendation be forwarded to the city by acclamation. The vote was 72 to 0 in favor of the recommendation with no conditions. Prior to the ECC meeting the proposal was also distributed to the proprietary email list of 7052 ECC members requesting feedback on the proposal. Thirteen positive comments were received along with one question related to future uses of the zone should McGillis sell the property in the future. This proposal was also reviewed against neighbor, neighborhood, master plan, traffic, all other existing city plans for potential impacts and implications by the ECC Community Development and Land Use Committee who gave their full endorsement of the proposal. With best regards, Esther Hunter Chair, and on behalf of the East Central Community Council eastcentralcommunity@gmail.com 30th September 2023 Dear Salt Lake City zoning and planning team members, Like many fellow residents in our neighbourhood, I am delighted that McGillis school has been able to buy the old, disused Douglas ward chapel. As a resident of the Douglas neighbourhood I support McGillis school's request for a zoning change from 'R2' to 'institutional'. Best regards, Frederick Stagbrook de Clairmont 801-231-4782 reservatiori Utah October 1, 2023 Salt Lake City Planning Commission 451 S State Street Salt Lake City, UT 84111 Dear Planning Commission, Since its congregation vacated it in 2019, Preservation Utah has been deeply concerned about the future of the historic Douglas Chapel located at 721 South 1200 East, Salt Lake City. Dating back to its dedication in 1953 by President David O McKay and continuing until very recently, the Douglas Chapel has served as a vital center for the surrounding community, fostering gatherings, education, and acts of service. Moreover, with its distinctive blend of American Colonial and midcentury architectural elements, this chapel has proudly stood as a dignified neighborhood landmark, embodying a legacy of faith and community service thanks to the members of The Church of Jesus Christ of Latter-day Saints who funded its construction and maintained it for over seven decades. On behalf of Preservation Utah, I express our wholehearted support for the proposal put forth by the McGillis School for the adaptive reuse of the Douglas Chapel. The McGillis School envisions a future where the Douglas Chapel continues to play a vital role as a community gathering place, albeit with a fresh purpose. Their proposal seeks to transform the chapel into an educational center catering to students with language- based learning differences. This initiative preserves the chapel's association with education and community service and ensures its continued significance as a cherished neighborhood landmark. I am confident that the members of the Douglas Ward will welcome the McGillis School's stewardship of the Douglas Chapel, given the school's strong commitment to community relationships and historic preservation. Over the years, our team has engaged in discussions with the school's administration, trustees, and members of the Douglas Neighborhood Council. This proposal is mutually beneficial for The Church of Jesus Christ of Latter-day Saints, the McGillis School, the Douglas Neighborhood, the Salt Lake City preservation community, and, most importantly, the underserved population of students who will ultimately benefit from this revitalized space. If our team can provide any further information, please do not hesitate to contact me. Sincerely, 13_v{a Brandy Strand Executive Director 17:'> i•,J Cnnyon f d, S/llt l.n ,,, City, U I 8410.1 (f'OI) 533-0EISH p10.SP!VcJ1ionuloh 'ltn [5> DocuSign Envelope ID: C26CC5AA-27E0-4337-B7E2-ED6DBD6F6552 March 22, 2022 Dear Friends of the Church of Jesus Christ and Latter-Day Saints: As the representative of District 4, I write to offer my full support of The McGillis School in their pursuit of the purchase of the Douglas Ward. I am fully aware of the alignment of the school’s vision and purpose with the history of the Ward, and the wishes of the neighborhood. This opportunity arrives at an ideal time for McGillis. The school launched a new division - The Learning Center - which serves students with dyslexia and other language-based learning differences. The Learning Center is unlike any other program in the Mountain West and has doubled in size in its second year. To accommodate future growth and serve more learners and families who need these unique educational services, the school requires additional space. The Douglas Ward offers 20% additional space to the school’s existing facilities with space for public gatherings, performances, and indoor play space. Exactly what any school could need. Over the past months, District Four community voiced their support during various council meetings for The McGillis School to acquire the Douglas Ward. The school’s contributions to our local community align with our vision and needs for our neighborhood. I have attended these meetings and directly heard from my constituents of their full support and desire for McGillis to grow in the neighborhood. The School and the Douglas Neighborhood have taken good care of one another for decades, both bringing value to the neighborhood. The school has a record of preserving places that matter to its nearby residents and welcoming neighbors to their campus. It has been brought to my attention that zoning changes may be necessary to accommodate the needs of McGillis should they acquire the Douglas Ward. The school has my full support should rezoning be necessary. I am confident that support would extend to my peers on the Council to help McGillis achieve the zoning necessary to perform their educational vision at the Douglas Ward. Sincerely, Ana Valdemoros Salt Lake City Council Member Council District Four AV/pt OFFICE OF THE CITY COUNCIL WWW.SLCCOUNCIL.COM 451 SOUTH STATE STREET, ROOM 304 TEL 801-535-7600 FAX 801-535-7651 PO BOX 145476, SALT LAKE CITY, UT 84114-5476 EMAIL: COUNCIL.COMMENTS@SLCGOV.COM January 14, 2022 Dear Church Real Estate Department, Over the years, the Douglas Ward members and Community have enjoyed a great relationship of working together with the McGillis School. We have shared our Ward house many times for their school activities, and we have used their facilities for community meetings. The McGillis School has done a lot of outreach in the community, for example, annually they have provided leaf raking for neighborhood residents. As a Ward I know it would be a very positive outcome to have the McGillis School purchase the property because there is already a family and community connection. The feeling of the ward members, especially those who have called the Douglas Building their home from its construction, remember watching parents and other Ward members work together digging foundations, putting on bake sales, rummage sales and Ward dinners to contribute funds to the construction costs. The McGillis School management will maintain the physical and emotional essence of the building. The concern is that another party will not do the same and indeed destroy the building in favor of an apartment complex. I appreciate your kind consideration of this matter on behalf of the Douglas members. Bishop William McClelland (erit6) u' --t/_/41v-v-c/L _L_=-_, <C,._===--=-=...L=--- -= ----- lL, 6th January 2022 We, neighbors of the McGillis School, strongly support the school's desire to purchase the Douglas Ward. McGillis School has been a great and reputable institution within our neighborhood for many, many years. Furthermore, we feel that the school's intention to use the chapel to expand its special-needs programme is a worthy cause. We also feel that preserving the building is important to us, for it has been part of our neighborhood for many decades. The signatures below unquestionably represent the general sentiment of our neighborhood. l--- l,Q::!..._ L :..J.. /....j_ =-- !_-'---1.-t._.. -l-- - l � t v A (Cl --------------- I I - N 2-.Z- I q /1?-Z f------=-..z= :--"-J.-i,+1./,L-L-------I-I-WL--==::::..; --=--.- / ;;z_ ;5'LL 'g<//0,2_ ro(J_, J)t ?> [c1 1------++--...,.,._�-----.------'--------'---_....:....-- . --==--..:'.....l L ) V\ yL-f 6;71.,. 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Bt+I o ?._, 4) MAILING LIST NAME ADDRESS UNIT CITY STATE ZIP Current Occupant 1203 E 700 S Salt Lake City UT 84102 Current Occupant 1237 E 700 S Salt Lake City UT 84102 Current Occupant 1158 E 700 S Salt Lake City UT 84102 Current Occupant 729 S ELIZABETH ST Salt Lake City UT 84102 Current Occupant 724 S 1200 E Salt Lake City UT 84102 Current Occupant 768 S 1200 E Salt Lake City UT 84102 Current Occupant 730 S 1200 E Salt Lake City UT 84102 Current Occupant 721 S 1200 E Salt Lake City UT 84102 Current Occupant 771 S 1200 E Salt Lake City UT 84102 Current Occupant 1221 E 800 S Salt Lake City UT 84102 Current Occupant 1229 E 800 S Salt Lake City UT 84102 Current Occupant 1233 E 800 S Salt Lake City UT 84102 Current Occupant 749 S 1200 E Salt Lake City UT 84102 Current Occupant 756 S DOUGLAS ST #NFF1 Salt Lake City UT 84102 Current Occupant 711 S 1200 E Salt Lake City UT 84102 Current Occupant 1208 E 700 S Salt Lake City UT 84102 Current Occupant 763 S 1200 E #NFF Salt Lake City UT 84102 Current Occupant 731 S DOUGLAS ST Salt Lake City UT 84102 NAME ADDRESS CITY STATE ZIP ANDERSON, DORTHY A 1528 E ARLINGTON DR SALT LAKE CITY UT 84103 BAILEY, JAMES A & ANDREA E 711 S ELIZABETH ST SALT LAKE CITY UT 84102 BIG CHAINRING VENTURES, LLC 12553 S HERITAGE HILL CT HERRIMAN UT 84096 BLACKHAM, SONJA M JTBLACKMAN, BRIAN JT 1084 E THIRD AVE SALT LAKE CITY UT 84103 BRUCE THOMAS SHIELDS & DIANA HET AL 1234 E 700 S SALT LAKE CITY UT 84102 CAROLYN ABRAVANEL TRABRAVANEL, CAROLY 1235 E 700 S SALT LAKE CITY UT 84102 CASTLETON, JASON D &MEGHAN L S; JT 4756 S QUAIL POINT RD MILLCREEK UT 84124 CHURCH OF JESUS CHRIST OFLATTER-DAY SAIN 50 E NORTHTEMPLE ST SALT LAKE CITY UT 84150 CLAYTON, DALE H; TRET AL 738 S DOUGLAS ST SALT LAKE CITY UT 84102 DAY, REBECCA W; TR(RWD TR) 760 S 1200 E SALT LAKE CITY UT 84102 DIBBLEE, RICHARD C; TR(R&HD FAM TRUST) 721 S ELIZABETH ST SALT LAKE CITY UT 84102 FOGELSON, AARON L &FEDER, DEBORAH S; JT 354 S 1100 E SALT LAKE CITY UT 84102 GAWRON, LORI; JTGAWRON, ANDREW; JT 709 S DOUGLAS ST SALT LAKE CITY UT 84102 GERSTENBERGER, JOHN; JTGERSTENBERGER, M1180 E 700 S SALT LAKE CITY UT 84102 HANSEN, AMY L 1215 E 800 S SALT LAKE CITY UT 84102 HLP HODINGS IV LLC 9351 S SUNSET RIDGE CIR SANDY UT 84092 HORNE, CHRISTIE D 7259 S VIANSA CT MIDVALE UT 84047 HSU, TUNG & RU-LIN (JT) 737 S DOUGLAS ST SALT LAKE CITY UT 84102 IWASAKI, MARK & JODI L (JT) 720 S DOUGLAS ST SALT LAKE CITY UT 84102 JENSEN, ERIC A 746 S 1200 E SALT LAKE CITY UT 84102 KARAS, LAUREN E 761 S 1200 E SALT LAKE CITY UT 84102 KATZ, BRADLEY J; JTCONRAD-KATZ, TRACEY E; J 1225 E 700 S SALT LAKE CITY UT 84102 KEPNER-SYBOUNMY, KIMBERLY; JTSYBOUNMY 760 S DOUGLAS ST SALT LAKE CITY UT 84102 KNETTLES, KIMBERLEY M 1212 E 700 S SALT LAKE CITY UT 84102 LAMARCHE, SHAUN P; JTREES, ANASTACIA; JT 741 S ELIZABETH ST SALT LAKE CITY UT 84102 LONG, LARRY 721 S DOUGLAS ST SALT LAKE CITY UT 84102 LONGO, SIMONE;ET AL 1207 E 700 S SALT LAKE CITY UT 84102 LUND, JOHN M 731 S 1200 E SALT LAKE CITY UT 84102 MACEY, STEPHEN JBUTLER, LAUREN M 1646 N PLUM CT CANBY OR 97013 MASHKURI, PARI L 743 S 1200 E SALT LAKE CITY UT 84102 MAYEDA, SHAUNA R 717 S ELIZABETH ST SALT LAKE CITY UT 84102 MCCLELLAND, WILLIAM &DORI L; JT 747 S DOUGLAS ST SALT LAKE CITY UT 84102 MCKELLAR, MARK 728 S DOUGLAS ST SALT LAKE CITY UT 84102 PARLIAMNET LLC 1239 E 700 S SALT LAKE CITY UT 84102 PARRISH, TYLER; JTPARRISH, ANGELIA L; JT 4826 S QUAIL POINT RD MILLCREEK UT 84124 PEERS, THERESA M; JTPEERS, MATTHEW L; JT 740 S 1200 E SALT LAKE CITY UT 84102 PERFUMO, PIETRO &CARRARA, MARIA PIA; JT 720 S 1200 E SALT LAKE CITY UT 84102 POLLARD, AARON W; JTPOLLARD, ERIKA V M; J 676 S 1200 E SALT LAKE CITY UT 84102 PURSER, JAMES E 1204 E 700 S SALT LAKE CITY UT 84102 RASSIAH, PREMAVATHY 715 S DOUGLAS ST SALT LAKE CITY UT 84102 REEVE, MARK; TCREEVE, ROSEMARY; TC 753 S DOUGLAS ST SALT LAKE CITY UT 84102 REID, JULIA E &LUNBECK, JAMES E; JT 761 S DOUGLAS ST SALT LAKE CITY UT 84102 RYBALKIN, ANDREY 1221 E 700 S SALT LAKE CITY UT 84102 S T TR;ET AL 724 S DOUGLAS ST SALT LAKE CITY UT 84102 SALAZAR, DALE C &VASQUEZ, ANNA M; JT 754 S 1200 E SALT LAKE CITY UT 84102 SCHWARZ, MARTIN R &BETH ANN; JT 705 S DOUGLAS ST SALT LAKE CITY UT 84102 SERIES THREE, AN INDIVIDUALPROTECTED SERI 347 RANCH DR ALPINE UT 84004 SHEA, TIMOTHY M &SCHWARTZ-SHEA, PEREGR 1172 E 700 S SALT LAKE CITY UT 84102 SMITH, WHITNEY R; JTSMITH, TYLER B; JT 1213 E 700 S SALT LAKE CITY UT 84102 SNOW, DANIEL W &JACCI L; JT 737 S 1200 E SALT LAKE CITY UT 84102 SUNDER LLC 3135 S METROPOLITAN WY MILLCREEK UT 84109 SVENDSEN, KATHLEEN A; TR(KS LIV TRUST) 1164 E 700 S SALT LAKE CITY UT 84102 TELFER, DIANA L 744 S DOUGLAS ST SALT LAKE CITY UT 84102 TRABERT, BRITTON L 766 S DOUGLAS ST SALT LAKE CITY UT 84102 VELA ASSET PROTECTION TRET AL 1228 E 700 S SALT LAKE CITY UT 84102 WALDRON, JOY; TR 1216 E 700 S SALT LAKE CITY UT 84102 WILLIAM MULLIGAN & KIMBERLYKERNAN REV 741 S DOUGLAS ST SALT LAKE CITY UT 84102 WINTER-DUNN REV TRET AL 750 S DOUGLAS ST SALT LAKE CITY UT 84102 WOO, WEI-CHI J 1222 E 700 S SALT LAKE CITY UT 84102 Item C1 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Brian Fullmer Policy Analyst DATE:December 5, 2023 RE: Subdivision Code Amendments PLNPCM2023-00494 MOTION 1 (adopt ordinance) I move that the Council adopt the ordinance. MOTION 2 (reject ordinance) I move that the Council reject the ordinance. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer Policy Analyst DATE:December 5, 2023 RE: Subdivision Code Amendments PLNPCM2023-00494 PUBLIC HEARING UPDATE There were no comments at the November 14, 2023 public hearing. The Council closed the hearing and deferred action to a future meeting. The following information was provided for the November 14, 2023 public hearing. It is included again for background purposes. BRIEFING UPDATE The City Planning Director briefed the Council on proposed changes to City code related to subdivisions. These changes are intended to streamline the process and would bring the City into uniformity with State code changes, and include the following: •Reorganizes City code into a more logical order, •Updates application requirements, •Minor modifications of design standards to align with City goals and master plans, •Changes or eliminates outdated standards, •Clarifies existing regulations. Changes made by the Utah State Legislature this year set “shot clocks” mandating review timelines and processes for some subdivisions. These include: •Applications must be reviewed for completeness within 15 days of submission, •No more than four review cycles, each of which must be completed within 20 days, •After the fourth review, the City must accept the proposal, Item Schedule: Briefing: November 7, 2023 Set Date: November 7, 2023 Public Hearing: November 14, 2023 Potential Action: December 5, 2023 Page | 2 •Once the application complies with all standards, a subdivision must be approved. Planning discussed the City process for subdivision approval. It was noted that a public hearing is not a required step in the process. The Planning Commission reviewed a total of 119 subdivision applications in 2022. Requiring a public hearing would result in a 46% increase in the Planning Commission’s workload. In response to a Council Member question, Planning said state law does not allow the City to request that Salt Lake County withhold recording subdivisions until provided notice they were approved by the City. 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: _________________ ________________________ Rachel Otto, Chief of Staff Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: October 17, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Subdivision Code Amendments (petition PLNPCM2023-00494) STAFF CONTACT: Nick Norris, Planning Director at nick.norris@slcgov.com or 801-535-6173 DOCUMENT TYPE: Ordinance RECOMMENDATION: The Planning Commission adopted a motion that recommends that the City Council adopt the proposed amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This proposal is an update to the city’s subdivision code. The subdivision code establishes regulations related to the division of land, how lots and parcels can be altered and combined, and how streets are dedicated. A subdivision is a technical type of review that results in the layout of lots, the location of streets, and the construction of public improvements. A public improvement is any sort of public infrastructure that is required to be built as part of a subdivision of land. This includes streets, curbs, gutters, sidewalks, water and sewer lines, storm drains, street lighting, and street trees. These are all installed and paid for by the subdivider and turned over, or dedicated, to the city once the improvements are completed. Under Utah Law, subdivisions are required to be approved if adopted standards are complied with. The proposed subdivision chapter establishes the standards either directly in the code or by adopting construction standards by reference. The code includes a long list of information that must be shown on a plat, in public improvement construction agreements, or in supplementary documents that are the responsibility of the applicant to provide. The city departments use this information to determine if standards are complied with. rachel otto (Oct 17, 2023 11:37 MDT)10/17/2023 10/17/2023 This proposal replaces the existing subdivision code in Chapter 20 of the City Code of Ordinances. Most of the requirements are in the existing code, but the chapter is being reorganized so the changes are shown as new. The proposed code is in Attachment A. The version in attachment A is the legislative version that is prepared for the city council. The version that was presented to the commission and the public included footnotes that indicate sections that are new and changes that have been made based on the review done by various city departments. A link to that version can be found in attachment C. The proposed code is organized into the following sections: • 20.02: Title, Authority, Purpose, and Applicability o This establishes the legal purpose for the chapter, why the city has adopted the regulations, and how the regulations apply. • 20.04 Decision Making Bodies o This describes the roles and powers of the different city departments and individuals who are involved in any of the processes identified within the chapter. • 20.10 Application Requirements o This is a list of all the items that an applicant must submit for the specific type of application. • 20.12 Public Improvement Requirements and Agreements o This chapter identifies all the public improvements (streets, curbs, gutters, sidewalks, utilities, trees, and other infrastructure) that are necessary to serve the subdivision. It also outlines the agreements between the city and the developer installing the infrastructure to ensure it is installed according to adopted standards. • 20.14 Public Hearing and Notice Requirements o This chapter identifies the noticing requirements for each type of application and the way applications are approved. Please note, that public hearings are only required if the Utah Code requires a public hearing or if the application includes a planned development (or other zoning application) that requires a public hearing. • 20.16 Preliminary and Final Plats o This outlines the process for reviewing and approving subdivisions. It is typically a two-step process, one process for preliminary plats and one process for final plats. The state code mandates a certain number of review cycles for subdivision improvement plans, which in Salt Lake City occurs during the final plat process. • 20.18 Lot and Parcel Line Adjustments o This outlines the process for reviewing and approving changes to a property line. • 20.20 Lot and Parcel Consolidations o This outlines the process for combining adjoining properties. • 20.22 Street Dedication Plats o This is a rarely used process for creating new streets when a subdivision plat is not otherwise required. • 20.26 Subdivision Standards o This is a list of standards that must be included and implemented by the applicant. • 20.30 Appeals o The appeals chapter outlines the process for appealing a final decision related to a subdivision application. • 20.40 Enforcement o Establishes the process for enforcing violations of the subdivision chapter. • 20.50 Definitions o The definitions are used to administer and interpret the subdivision code. The Planning Commission held a briefing on August 23, 2023, and a public hearing on October 11, 2023. After the public hearing, the Planning Commission approved a motion that recommended that the city council adopt the proposal. The motion included giving planning staff the ability to modify some sections of the code prior to transmitting the proposal to the council. Those modifications included clarifying how specific regulations in the subdivision code that refer to other zoning districts apply. After the staff report was published, a few sections of the code that reference specific categories of zoning districts did not include all zoning districts. The modifications included: • Clarifying that any reference to an underlying zoning district also included any underlying overlay district; and • Clarifying which sidewalk widths apply to which types of zoning districts (these are existing standards but did not include references to all zoning districts which would have resulted in sidewalks not being required). These changes have been made to the version of the ordinance attached to this transmittal. PUBLIC PROCESS: This proposal is subject to the required 45-day public input period required by City Code 2.60 because it is a code amendment that impacts the process for someone to obtain a permit or license (subdivision application approval). The 45-day public input process started on August 8, 2023, and ended on September 22, 2023. All registered, recognized organizations receive an email notice of the proposal, the public input period, a summary of the proposal, and instructions regarding how to access project-specific information on the Planning Division website. In addition, the same information was emailed to the Planning Division’s email list which contains email addresses for people, businesses, and organizations that have requested to receive information regarding land use and zoning applications. The Planning Commission held a briefing on the proposed changes on August 23, 2023. The briefing was a public meeting, open to the public, and broadcast on SLCTV and on the city’s YouTube live channel. The briefing was advertised by posting the agenda as required by the Utah State Code and City Code and emailed to those on the Planning Division email list. The Planning Commission held a public hearing on October 11, 2023. The public hearing was posted as required by the Utah State Code and City Code. Utah State Code 10-9a-602 requires specific noticing requirements for adopting amendments to the city’s subdivision code. The specific noticing requirements are identified as a class B Notice. A class B notice for a city the size of Salt Lake City requires the following for noticing the first public hearing on a text amendment: • Posting a notice on the Utah Public Notice Website; • Posting a notice on the city’s website; • Posting a notice in a public location within the city that is reasonably likely to be seen by residents of the municipality. To comply with this requirement, notice was posted within three city libraries: the Main Library, Anderson Branch, and Glendale Branch. One written comment was submitted prior to the Planning Commission Public Hearing. That written comment was submitted 15 minutes before the start of the public hearing. It was not included in the staff report for the commission due to the date and time it was submitted, but it was provided to the commissioners and summarized by staff during the presentation of the proposal. Planning Commission Briefing Records a) PC Agenda of August 23, 2023 (Click to Access) b) PC Minutes of August 23, 2023 (Click to Access) c) Planning Commission Staff Report for August 23, 2023 (Click to Access Report) Planning Commission Public Hearing Records a) PC Agenda of October 11, 2023 (Click to Access) b) PC Minutes of October 11, 2023 (Due to the time frame required by Utah Code for adoption, this link is to the general PC agenda page. For minutes, follow the link and scroll down to the October 11, 2023 page. The minutes were not available at time of transmittal) c) Planning Commission Staff Report for October 11, 2023 (Click to Access Report) EXHIBITS: 1) Chronology 2) Notice of City Council Public Hearing 3) Original Petition 4) Public Comment Received After Publishing of PC Staff Report 1. Chronology June 20, 2023 Petition initiated by Mayor Erin Mendenhall. June 22, 2023 Petition routed to city departments for review. . July 17, 2023 Department review comments due. August 8, 2023 45-day public input period started. August 23, 2023 Planning Commission briefing held. September 22, 2023 45-day public input period ended. September 28, 2023 Public Notice for planning commission public hearing sent and posted. October 11, 2023 Planning Commission public hearing held. 2. City Council Public Hearing Notice NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2023-00494 Subdivision Code Updates. The changes are necessary to bring the city's subdivision regulations into compliance with recent state code changes that require cities to update their codes by February 1, 2024. This proposal reorganizes the subdivision regulations, updates application requirements, makes minor changes to subdivision approval processes, updates the standards for approval for dividing land and modifying lots and parcels, updates the subdivision standards to align with city goals identified in the city's general plan, and makes changes necessary to align with state code mandates for review times and review processes. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. DATE: October 17, 2023, at 7:00 PM PLACE: Electronic and in-person options. 451 South State Street, Roon 326, Salt Lake City, Utah ** This meeting will be held via electronic means, while also providing 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. For more information, including Zoom connection information, please visit www.slc.gov/council/virtual-meetings. 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. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number PLNPCM2023-00494. 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. 3. Original Petition 4. Public Comment Received After Publishing PC Staff Report SHCC Letter to PC Subdivision Text Amendments www.sugarhousecouncil.org 1 October 11, 2023 TO: Salt Lake City Planning Commission FROM: Judi Short, Vice Chair and Land Use Chair Sugar House Community Council RE: PLNPCM2023-00494Text Amendment Subdivision Code The Subdivision Code Revision was necessitated by changes in Utah State Code and Salt Lake City is using this opportunity to enact further revisions. There are some proposed changes that are concerning, such as: 1. Proposed subdivisions, lot line, or parcel lot line adjustments and consolidations are deemed to be administrative processes to be decided by the Planning Director or designee. While changing more and more processes formerly requiring some form of public input into administrative decisions does cut down on the time and effort by the Planning Commission, it removes valuable public oversight. It is a dangerous precedent and can lead to outcomes that are sometimes contrary to the intent of zoning such as that promoting a more pedestrian friendly environment. For example, the recent decision by the Planning Director for the sidewalk widths in the 2157 S Lincoln project shows why this is a bad idea. The disregard for the hard-fought for new sidewalk widths in the new zoning was extremely discouraging and disappointing to those who worked so hard to try to make SLC more walkable. 2. There are no public hearings required for proposed subdivisions, lot line or parcel line adjustments or consolidations. While this is current practice and “public notice " is required, which is entirely inadequate, and "public input " is allowed, this is not enough public oversight for people who live in the neighborhood. We should want more public engagement not less. 3. State mandated review times mean some projects will " go to the head of the line ". While this is probably unavoidable, it is nonetheless not an optimal situation. We ask that you approve this text amendment after the text is modified as described above. 1 SALT LAKE CITY ORDINANCE No. _____ of 202_ (An ordinance repealing and replacing all text, tables, and illustrations in Title 20 of the Salt Lake City Code pertaining to subdivisions and condominiums) An ordinance repealing and replacing all text, tables, and illustrations in Title 20 of the Salt Lake City Code pertaining to the regulation of subdivisions and condominiums pursuant to Petition No. PLNPCM2023-00494. WHEREAS, on October 11, 2023, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing to consider a petition submitted by Mayor Erin Mendenhall (Petition No. PLNPCM2023-00494) to repeal and replace all of the text, tables, and illustrations in Title 20 of the Salt Lake City Code pertaining to subdivisions and condominiums; and WHEREAS, at its October 11, 2023 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; and WHEREAS, after a public hearing on this matter the City Council has determined 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. Repealing and replacing the text, tables, and illustrations of Salt Lake City Code Title 20. That Title 20 of the Salt Lake City Code (Subdivisions and Condominiums) as it appears up to the time of adoption and publication of this ordinance, including all text, tables, and illustrations, is hereby repealed in its entirety and is hereby replaced with the following text, tables, and illustrations: 2 TITLE 20 SUBDIVISIONS Title, Authority, Purpose, and Applicability 20.02 Decision Making Bodies 20.04 Application Requirements 20.10 Public Improvement Requirements and Agreements 20.12 Public Hearing and Notice Requirements 20.14 Preliminary and Final Plats 20.16 Lot and Parcel Line Adjustments 20.18 Lot and Parcel Consolidations 20.20 Street Dedication Plats 20.22 Subdivision Standards 20.26 Appeals 20.30 Enforcement 20.40 Definitions 20.50 CHAPTER 20.02 TITLE, PURPOSE, AUTHORITY, AND APPLICABILITY 20.02.010: TITLE: This title shall be known and cited as TITLE 20, SUBDIVISIONS ORDINANCE OF SALT LAKE CITY, UTAH. 20.02.020: AUTHORITY: This title is enacted pursuant to Chapter 10-9a and Title 57 of the Utah Code, or their successors. This title is further enacted as an implementation element of the adopted Salt Lake City general plan and the components of the adopted general plan for Salt Lake City. 20.02.030: PURPOSE: The purpose of this title, and any rules, regulations and specifications hereafter adopted, is to regulate the subdivision of land, condominiums, and adjustments to and consolidations of lots and parcels, within Salt Lake City to: A. Acknowledge property ownership rights; B. Preserve and enhance the health, safety, welfare, and amenities of the community; and C. Implement the adopted general plan. 3 20.02.040: APPLICABILITY: This title shall apply to all properties in the city where the owner of the property or authorized agent of the property intends to: A. Divide land within the city. B. Amend or modify any existing subdivision within the city. C. Create, modify, or dissolve any condominium within the city. D. Modify any property line between adjacent properties. E. Consolidate any number of existing lots or parcels with other lots or parcels. F. Exceptions: This title is not applicable to properties owned by the federal government or State of Utah or other entity that is exempt from local land use regulations applicable to subdividing, amending, modifying, or consolidating land. 20.02.040: INTERPRETATION: The regulations contained in this title shall be interpreted and applied in accordance with the following rules: A. Minimum Requirements: All regulations shall be construed as the minimum requirements necessary to promote the public health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of the city. B. Relationship to Easements, Covenants and Other Agreements: The provisions of this title are not intended to interfere with, abrogate or require enforcement by the city of any legally enforceable easements, covenants, or other agreements between private parties that may restrict the use of land or dimensions of structures more than the provisions of this title. When the regulations of this title impose greater restrictions than are imposed by such easements, covenants, or other agreements between parties, or than are required by laws or other applicable ordinances, the provisions of this title shall control. C. Number: A word importing the singular number may be applied to plural persons and things. The use of the plural number shall include any single person or thing. D. Tense: The present tense of a word includes the future tense as well. E. Shall, May: The word “shall” is mandatory; the word “may” is permissive. F. Computation of Time: The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal 4 holiday recognized by the city, that day shall be excluded. Deadlines shall be interpreted to be 11:59 p.m. on the date listed. G. Year: The word “year” shall mean any consecutive 12 month period unless otherwise indicated. H. The numbered sections of this title shall be referred to as follows: 1. Title shall be the first two numbers followed by a decimal point. 2. Chapter refers to the two numbers that follow the first decimal point. 3. Section refers to the three numbers that follow the chapter numbers and separated from the chapter with a decimal point. I. Conflicts with State or Federal Code: Whenever this code conflicts with a state or federal requirement, the state or federal requirement shall take precedence. J. Any reference to an underlying zoning district shall also include any applicable overlay zoning district identified in Title 21A. 20.02.050: AMENDMENTS TO TITLE: Any amendment to this title shall follow the requirements of Utah Code Section 10-9a Part 6, the requirements of Chapter 2.60 and the noticing requirements in this title for public hearings. CHAPTER 20.04 DECISION MAKING BODIES SECTION: 20.04.010: Summary of Authority 20.04.020: City Council 20.04.030: Mayor 20.04.040: Planning Commission 20.04.050: Other City Officials 20.04.010: SUMMARY OF AUTHORITY: The entities described in this chapter, without limitation upon such authority as each may possess by law, have responsibility for implementing and administering this title in the manner described hereto. 5 20.04.020: CITY COUNCIL: The city council shall have the authority for the following actions described in this title, subject to the processes, standards, and factors identified hereto: A. Initiating amendments to the text of this title. B. Final approval of amendments to the text of this title. C. Final decision authority for subdivision amendments involving closure, vacation (in whole or in part), alteration, amendment, or dedication of public right of way or public easements. 20.04.030: MAYOR: The mayor, or the mayor’s designee, shall have the authority for the following action described in this title, subject to the processes, standards, and factors identified hereto: A. Initiating amendments to the text of this title. B. Final approval of final subdivision plats or other recordable instruments evidencing any action under this title. C. Acceptance of lands and public improvements that may be proposed for dedication. 20.04.040: PLANNING COMMISSION: The planning commission, or designee, shall have the authority for the following actions described in this title, subject to the processes, standards, and factors identified hereto: A. Initiate amendments to the text of this title. B. Recommend amendments to the text of this title to the city council. C. Provide a recommendation to the city council on subdivision amendments where the city council has final authority to decide on a proposed amendment. D. Final approval authority on applications required by this title that specify the planning commission is the approval authority, when the planning director defers final authority to the planning commission, or when associated with a planned development as defined in Title 21A. 6 20.04.050: OTHER CITY OFFICIALS: This title shall be administered by city staff as indicated in this section. The specific position listed may designate another employee to fulfill the roles and authority granted within this chapter. Each city position, when specifically authorized by this title, shall have the authority to administer and interpret this title as indicated in the various chapters found within this title and as listed in this section. A. City Attorney: The city attorney shall be responsible for reporting to the mayor as to the form of the final plat or other recordable instruments evidencing any action under this title. The city attorney shall certify that any lands dedicated to the public are dedicated in fee simple and that the person or persons subdividing and dedicating the land are the owners of record. B. City Engineer: The city engineer shall coordinate final approval authority over all subdivision improvement plans with other city departments, inspect all public improvements in coordination with the director of public utilities, administer any assurance devices related to the installation of public infrastructure, and enforce the provisions of this title as the subdivision is developed. C. Director of Public Utilities: The public utility director shall have final approval authority over all subdivision improvement plans involving utility infrastructure administered by the department, inspect all public utility installations in coordination with the city engineer, administer any agreements between a subdivider and the city related to the department, and enforce the provisions of this title related to public utilities as needed. D. Planning Director: The planning director has the responsibility to process and decide any application required by this title. The planning director shall also interpret this title as it is administered. E. Building Official: the building official has the authority to review applications related to condominiums as provided in this title. F. Transportation Director: the transportation director has the authority as indicated in this title. G. Any of the above city officials may seek advice, input, and recommendations from other city personnel not listed in this section at their discretion to ensure compliance with this title. CHAPTER 20.10 APPLICATION REQUIREMENTS 20.10.010: Application Required 20.10.020: Fees 20.10.030: Complete Application 7 20.10.040: Submittal Requirements for Preliminary Subdivision Applications 20.10.050: Submittal Requirements for Final Plats and Other Recordable Instruments 20.10.060: Submittal Requirements for Lot and Parcel Line Adjustments 20.10.070: Submittal Requirements for Lot and Parcel Consolidations 20.10.080: Submittal Requirements for Street Dedication Plats 20.10.010: APPLICATION REQUIRED: Any proposal that is authorized by this title is required to submit an application, provided by the zoning administrator, to the city. The application shall include all information required by this title. 20.10.020: FEES: The application shall be accompanied by the applicable fees shown on the Salt Lake City consolidated fee schedule. The subdivider shall also be responsible for payment of all fees established for providing the public notice required by this title, in accordance with the consolidated fee schedule, including costs of mailing, preparation of mailing labels and all other costs relating to notification. Plan review fees required for public utility requirements and any public improvements shall be required to pay a separate fee when the fee is listed on the Salt Lake City consolidated fee schedule. 20.10.030: COMPLETE APPLICATION: An application required under this title will be considered complete when a completed application form is submitted, all submittal requirements have been provided, and all required fees paid. An application will not be processed until it is complete as required in this section. A substantive review of a complete application will start after the application is considered complete. The substantive review may identify missing or incorrect information necessary to verify compliance with the requirements of this title. The applicant shall be responsible for responding to requests for missing and to correct information as necessary for the city to verify compliance with the requirements of this title. A. Subdivisions that include single family, two family, and single family attached uses: A subdivision that includes single family, two family, or single family attached uses shall be reviewed for completeness as specific in Utah Code Section10-9a-604.2 or its successor. B. All other subdivisions: All other subdivisions shall be reviewed for completeness within 30 days of the subdivider submitting the application and paying the required fees. C. Incomplete Applications: It shall be the responsibility of the subdivider to ensure that all applications are completed in full, include all submittal requirements required by this section, and pay all required applications fees. A subdivider who fails to provide all the required information that is necessary to start a comprehensive, substantive review of the 8 application will be provided with one written notice of missing submittal requirements. The notice shall itemize each item that is missing, including the citation from this code and provide a deadline of 30 days to provide the missing information. A subdivider that fails to submit the information or that fails to negotiate a different deadline to submit the information, may be considered withdrawn and closed. 20.10.040: SUBMITTAL REQUIREMENTS FOR PRELIMINARY SUBDIVISIONS: An application for a preliminary subdivision shall include all information listed in this section. The preliminary subdivision application is required for all new subdivisions, subdivision amendments, and condominiums, including new condominiums, conversions of existing buildings to condominiums, and modifications to an existing condominium. A. Required forms as provided by the planning director; B. All applicable fees; C. The name and address of the subdivider, if different than the recorded owner, there shall be a statement from the recorded owner authorizing the subdivider to act on the owner’s behalf; D. The name, address, phone number, email, of the person and organization preparing the subdivision documents; E. A preliminary plat map that includes: 1. A name that is not a duplicate of any other subdivision in the city or county. Plat maps that are amending an existing subdivision shall include in the name of the original subdivision with the term “amendment” and a number indicating the next number of amendment that is proposed. Example: “Subdivision X, Amendment 1” or “Subdivision X, Amending Lot Y”; 2. The names and addresses of the record of owner or owners. Each name shall match with the names that appear on the title report for the property; 3. The date the preliminary plat map was prepared; 4. A written and graphic scale that is adequate to be able to determine compliance with all applicable subdivision and zoning standards; 5. A description that defines the location and boundaries of the proposed subdivision; 6. The location, names, and existing widths and grades of adjacent streets; 7. The location, name, widths, and grades of all proposed streets. All street names must be approved by Salt Lake County prior to preliminary plat application being submitted. If a street is a numbered road, such as 100 South Street, it must be approved by the city engineer. To receive a name, a private street must be labeled as such on the plat. A street name will not be provided for cross access easements; 8. The names of adjacent subdivisions and the names of owners of adjacent land that is not within a recorded subdivision; 9 9. Elevation contours at one-foot intervals, for predominant ground slopes within the subdivision between level and 5%, and five-foot contours for predominant ground slopes within the subdivisions over 5%. Such contours shall be based on the Salt Lake City datum. The elevation shall reference an existing benchmark or street monument set by the surveyor provided the elevation is provided and it is consistent with the vertical datum designation shown; 10. A statement about the present zoning and proposed use of the property; 11. Any proposed public areas; 12. Any proposed lands to be retained in private ownership for common use by the owners of property within the subdivision. When a subdivision contains such lands, the subdivider shall submit, with the preliminary plat, the name, and articles of incorporation of the owner or organization empowered to own, maintain, and pay taxes on such lands; 13. The approximate radius of each curve; 14. The approximate layout and dimensions of each lot; 15. The area of each lot in square feet; 16. A statement of the water source; 17. A statement of provisions for sewerage and sewage disposal; 18. All required or needed major storm drain facilities. This may be provided in public improvement plans submitted with a final plat; 19. Any existing or proposed dedications, easements, and deed restrictions; 20. If the development contains lots that are units, the boundaries of such units shall be shown on the preliminary plat; 21. A slope classification map that indicates slopes more than 30% (three feet of rise for every ten horizontal feet) demarcated with a cross hatch and labeled as undevelopable when located in a foothill zoning district; 22. Any required setback or no build area from any water body when required by the adopted general plan or Title 21A Zoning; 23. The area of all blocks within the subdivision; 24. Demonstrate that the subdivision complies with all applicable subdivision design standards found in Chapter 20.26 Subdivision Standards and any requests for a modification to a subdivision design standard; 25. Identification of any adjacent parcels or lots that abut the subdivision, including providing parcel or lot boundaries, tax identification numbers, and addresses; and 26. Identification of any special flood hazard areas subject to inundation by the 1% annual chance (100 Year) flood based on the most recent FEMA FIRM panel. F. Supplementary documents that include: 1. A grading plan, showing by appropriate graphic means the proposed grading of the subdivision including existing and proposed contours and finished floor elevations of all buildings; 2. The approximate location of all isolated trees with a trunk diameter of four inches or greater, within the boundaries of the subdivision, and the outlines of wooded areas; 10 3. The approximate boundaries of areas subject to inundation or stormwater overflow, and the location, width, and direction of flow of all watercourses. This may be provided in public improvement plans submitted with a final plat; 4. The approximate widths, locations, and uses of all existing or proposed easements for drainage, sewerage, and public utilities; 5. The existing use or uses of the property, and the outline of any existing buildings and their locations in relation to existing or proposed street and lot lines, drawn to scale; 6. The locations, names, widths, approximate grades and a typical cross section of curbs, gutters, sidewalks and other improvements of the proposed street and access easements, including proposed locations of all underground utilities. This may be provided in public improvement plans submitted with a final plat; 7. The location of any of the foregoing improvements which may require to be constructed beyond the boundaries of the subdivision shall be shown on the subdivision plat or on the vicinity map as appropriate. This may be provided in public improvement plans submitted with a final plat; 8. A phase one environmental site assessment report to identify the presence of any harmful, dangerous, or hazardous material or pollutant that may be present on any land within a subdivision that is intended to be dedicated to the public. This is not required if there is no land dedication within the boundaries of the subdivision; and 9. If the subdivision includes slopes over 30% or is in a fault rupture zone, a preliminary geotechnical report prepared by a civil engineer specializing in soil mechanics and registered by the State of Utah, based upon adequate test borings or excavations shall be submitted. If the preliminary soil report indicates the presence of critically expansive soils, or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required. The soil investigation shall recommend corrective action intended to prevent structural damage. This may be required to be submitted after the application is considered complete as part of the substantive review of the application or as a condition of preliminary approval; G. If the preliminary plat map is for a condominium, the following information must be provided: 1. A condominium declaration and plat that complies with applicable Utah Code Chapter 57-8 Condominium Ownership Act or its successor. The declaration shall also include: a. A statement that the homeowners’ association may regulate, limit, or prohibit rentals of condominium units; b. A statement that the homeowners’ association may require the rental of condominium units to be conducted through the homeowners’ association or a designated management company, and may require that all lease agreements be reviewed and approved by the homeowners’ association or the management company, that any tenants be screened and approved by the homeowners’ association or the management company prior to renting the condominium, and 11 that the approval of the homeowners’ association or the management company shall not be unreasonably withheld; c. A statement that prior to renting any condominium unit, the condominium owner and the tenant shall execute a written lease agreement which shall include the following provisions: (1) The tenant shall agree to comply with all the terms and conditions of the condominium declaration and bylaws; (2) The tenant shall agree not to allow or commit any nuisance, waste, unlawful or illegal act upon the premises; and (3) The owner and the tenant shall acknowledge that the homeowners’ association is an intended third-party beneficiary of the lease agreement, that the homeowners’ association shall have the right to enforce compliance with the condominium declaration and bylaws and to abate any nuisance, waste, unlawful or illegal activity upon the premises; and that the homeowners’ association shall be entitled to exercise all the owner’s rights and remedies under the lease agreement to do so; d. A statement requiring that prior to a tenant’s occupancy of a condominium unit, the condominium owner must provide to the homeowners’ association the name, address and telephone number of the tenant and a copy of the written lease agreement; e. A statement that the homeowners’ association shall have the right and the obligation to enforce compliance with the condominium declaration and bylaws against any owner and/or occupant of any condominium unit and shall have all rights and remedies available under state or local law, in addition to its rights and remedies as a third-party beneficiary under any lease agreement, to enforce such compliance; f. A statement that the maintenance of the shared utilities and other shared infrastructure is the responsibility of the homeowner’s association; and g. Each condominium unit must be identified by a number in numerical order; 2. If the proposed condominium is converting an existing building, the following additional info is required: a. A property report must be prepared consistent with the requirements of Section 18.32.050 of this code (adopted building code appendix; nonconforming building conversion), and submitted as part of the application, together with a plan for proposed improvements, renovations, or repairs to existing structures/facility; b. Proof of notice to occupants shall be required before final approval. The notice shall include the estimated purchase price of the units, and information regarding proposed improvements. The notice shall describe any financing packages or economic incentives being offered to tenants to assist in unit purchase. The notice shall also include a date occupants must vacate or purchase, said date shall be no earlier than 90 days after service of the notice. Relocation information for the tenants, specifying available housing relocation resource agencies, and a plan of 12 any services to be voluntarily provided by the owner/developer, shall be included in the notice; and c. The preliminary plat map shall include all information required by Utah Code Section 57-8-13 or its successor; and H. If the application is a subdivision amendment, the following shall be provided in addition to the previous listed items for preliminary plat: 1. A name that is not a duplicate of any other subdivision in the city or county. Plat maps that are amending an existing subdivision shall include in the name of the original subdivision with the term “amendment” and a number indicating the next number of amendment that is proposed. Example: “Subdivision X, Amendment 1” or “Subdivision X, Amending Lot Y”; 2. The boundaries of the proposed subdivision amendment and the total number of lots being proposed because of the amendment; 3. Identification of the lots that are subject to the amendment; 4. If the amendment includes land that is outside of the existing boundary of the subdivision, a new description of the boundary, the legal descriptions of the land that is proposed to be added to the subdivision, the number, size, and dimensions of all lots subject to the proposed amendment; 5. The signature of all owners within the subdivision indicating consent to the proposed subdivision. If not all owners have consented, a list of recorded names of the owners who have not consented to the subdivision amendment; and 6. If the amendment includes an alteration to a public street, alley or other right of way or an alteration to any public easement or note on the plat that grants any public interest, consent from the entity that has a right to the street, easement, or note that the subdivider may proceed with the proposed amendment. In addition, the application shall include the following information about any alterations: a. The legal description of the public street, alley or other right of way or easement or note as it currently exists and how it would be described if the amendment were to be approved; b. Appropriate infrastructure plans for the modification of any public street, alley, or other right of way. This may be provided in public improvement plans submitted with a final plat; and c. If required, a draft written agreement to purchase the entirety or portion of any street, alley, or right of way or any public easement that is proposed to be amended by the subdivision. 20.10.050: SUBMITTAL REQUIREMENTS FOR FINAL PLATS AND OTHER RECORDABLE INSTRUMENTS: An application for a final plat shall include all information provided in this section. The final plat application is required for all new subdivisions, subdivision amendments, and condominiums, including new condominiums, conversions of existing buildings to 13 condominiums, and modifications to an existing condominium. All final plat documents shall be consistent with the preliminary approval and reflect any conditions of approval. If a final plat is not required, the application shall include all information provided for in the applicable section below. A. Submission Requirements for Final Plat: 1. At the time a final plat of a subdivision is submitted to the planning director, the subdivider shall submit therewith the following documents: a. The final plat shall be accompanied by a current property title report naming the persons whose consent is necessary for the preparation and recordation of such plat and for dedication of the streets, alleys and other public places shown on the plat, and certifying that as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to such subdivision; b. If a preliminary soil report was required for the preliminary plat review, a copy of that report shall be included with the final plat. The fact that a soil report has been prepared shall be noted on the final plat and the report shall be recorded as a supporting document with the plat; c. Environmental site assessments and remediation, if remediation was needed, as specified in Subsection 20.26.060.B. d. The public improvement plans, agreement and bonds specified in Chapter 20.12 of this title, or successor sections; and e. Copies of all proposed deed restrictions. 2. Preparation and Materials on Final Plat: A digital final plat shall be submitted by the subdivider with the attributes listed below and that includes all the following information: a. 24 inches x 36 inches in size with a minimum of ½ inch margins from the edge of the sheet; b. The map shall be oriented with north or east at the top of the sheet, whichever orientation best accommodates the proposed subdivision; c. A north arrow, with all labels and descriptions oriented with the north direction; d. The actual plat drawing shall be made on a scale large enough to clearly show all details, and the workmanship on the finished drawing shall be neat, clear, and readable. The preferred scales are one-inch equals twenty feet (1” = 20’) or one- inch equals thirty feet (1” = 30’), but in no cases shall the scale be smaller than one-inch equals one hundred feet (1” = 100’); e. The location of the subdivision within the city shall be shown by a small-scale vicinity map inset on the title sheet; f. The title of each sheet of such final plat shall consist of the approved name of the subdivision at the top center and lower right-hand corner of the sheet, followed by the words “Salt Lake City”. Plats filed for the purpose of showing land previously subdivided as acreage shall be conspicuously marked with the words “Reversion to Acreage”; 14 g. An accurate and complete boundary survey to second order accuracy shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, shall close within a tolerance of one foot to 15,000’ of perimeter; h. The final plat shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including bearing and distance of straight lines, and central angle, radius, and arc length of curves. Identify the basis of bearing between two existing monuments; i. All lots, blocks, and all parcels shall be delineated and include the following information: (1) All dimensions, boundaries, size, and courses clearly shown and labeled No ditto marks shall be used for lot dimensions; (2) Lot numbers shall begin with the numeral “1” and continue consecutively throughout the subdivision with no omissions or duplications. Condominium plats may use a number, such as “101” to label individual condominium units when there are multiple buildings or floors; where the first number indicates a different building or floor within an existing building; (3) Addresses for each lot within the subdivision, assigned by the city engineer, shall be shown on the plat. Parcels offered for dedication other than for streets or easements shall be designated by letter and address; (4) All common areas shall include a unique address; (5) Sufficient linear, angular and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof; and (6) Sheets shall be so arranged that no lot is split between two or more sheets and, wherever practicable, blocks in their entirety shall be shown on one sheet; j. The plat shall show the right of way lines of existing and new streets with the street name and number value of the street, the width of any portion being dedicated, label all streets as private or public, and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within 50’ of the subdivision shall be shown. If any street in the subdivision is a continuation or an approximate continuation of an existing street, the conformity, or the amount of nonconformity of such street to such existing streets shall be accurately shown; k. All easements shall be shown by fine dashed lines. The widths of all easements and sufficient ties thereto to locate the same with respect to the subdivision shall be shown. All easements shall be clearly labeled and identified; l. If the subdivision is adjacent to a waterway or any portion of the subdivision is located in special flood hazard area, the map shall show the line of high water with a continuous line and shall also show with a fine continuous line any lots subject to inundation by a 1% chance flood, frequency flood, i.e., a flood having an average frequency of occurrence in the order of once in 100 years although the flood may occur in any year (the 100-year floodplain is defined by the U.S. Army Corps of Engineers). Land that is subject to any overlay district in Chapter 15 21A.34 that requires a buffer from a waterway shall be depicted on the plat where restrictions to future development apply and include appropriate notes on the plat referencing the applicable overlay district restrictions including the minimum flood elevation of all buildings; m. The plat shall show fully and clearly: (1) All monuments found, set, reset, replaced, or removed, stated at each point or in legend. Monument caps set by surveyor must be stamped with L.S. number or surveyor and/or company name, and date. Drawings of brass caps, showing marked and stamped data for any existing monuments and the monuments to be set, shall be included on the plat; (2) Type of boundary markers and lot markers used; and (3) Other evidence indicating the boundaries of the subdivision as found on the site; n. The title sheet of the plat shall show the following information: (1) Name of the subdivision at the top center and lower right-hand corner of the sheet; with location indicated by quarter section, township, range, base, and meridian; (2) Number of sheets in the lower right right-hand corner; (3) Name of the engineer or surveyor with the date of the survey; (4) North direction; (5) Scale of the drawing; (6) The location of the subdivision within the city shall be shown by a small-scale vicinity map inset; and (7) Plats filed for the purpose of showing land previously subdivided as acreage shall be conspicuously marked with the words “Reversion to Acreage”; o. The following certificates, acknowledgments, and boundary descriptions: (1) Registered, professional land surveyor’s “certificate of survey” together with the surveyor’s professional stamp, signature, name, business address, and phone number; (2) Owner’s dedication certificate (with subdivision name included); (3) Notary public’s acknowledgment (with subdivision name included); (4) A boundary description of all property being subdivided, with sufficient ties to section corner, quarter corner, land corner or recorded subdivision, etc., and with reference to maps or deeds of the property as shall have been previously recorded or filed. Each reference in such description shall show a complete reference to the book and page of records of the county. The description shall also include reference to any vacated area with the vacation ordinance number indicated; (5) The tax parcel identification numbers for all existing parcels shown on the plat; and 16 (6) Such other affidavits, certificates, acknowledgments, endorsements, and notary seals as are required by law and by this chapter; p. Signature blocks for all required entities that are required to sign the recordable document shall include space for a signature and date of signing. Required signature blocks include: (1) The owners of the property to be subdivided, which shall be identical to the recorded owners of record of the property as indicated in the title report; (2) County health department; (3) Public utilities director; (4) City Engineer; (5) Planning director; (6) Building official, if the plat is a condominium; (7) City attorney; (8) Mayor; (9) City recorder; and (10) City surveyor. q. If the final plat is a condominium: the final documents required under Subsection 20.10.040.C that are updated to include any requirement or condition approved as part of the preliminary approval; and r. After review and approval by the city of the draft final plat, the subdivider shall provide the plat in a form that is acceptable to the county recorder’s office for recording the plat after the plat has all required signatures. This version shall be identical to the approved draft final plat. B. Public Improvement Plans: Construction plans and details, reports, studies, and permit applications for all required public improvements shall be provided at the time of final plat applications. Public improvement plans shall include all required information to address the requirements of Chapter 20.12 and any applicable provision of Chapter 20.26 and any other applicable section of the Salt Lake City Code of Ordinances, federal law, or Utah Code that regulate the construction or improvement of public infrastructure and improvements. C. Final Plats for Subdivision Amendments: If a final plat is a subdivision amendment, the final plat shall comply with all the requirements for final plats and include the following additional information: 1. Final condominium declaration as required under applicable Utah Codes; 2. If the amendment includes a public street: a. A binding agreement to pay the fair market value to the city for any portions of the street that are proposed to be vacated; and 17 b. The plat shall indicate how the vacated portion of a public street will be identified, whether added to an existing lot or creating a new lot if authorized by this title; and 3. A traffic impact study that provides an analysis of the impacts of closing or vacating a public street. D. Exceptions to Final Plat: If, after preliminary approval, a subdivision plat is not required as provided in this title or by Utah Code, a subdivider shall submit the following documents to record the subdivision without a plat: 1. A draft “notice of subdivision approval for ten lots or less” on a form that is provided by the planning director; 2. The legal descriptions of the existing parcels that are proposed to be subdivided; and 3. Copies of deeds that transfer the ownership of new lots that include the legal descriptions of each lot that is within the proposed subdivision. 20.10.060: SUBMITTAL REQUIREMENTS FOR LOT AND PARCEL LINE ADJUSTMENTS: An application to amend a lot or parcel line shall include all the following information: A. Required forms as provided by the planning director; B. All applicable fees; C. The name and address of the subdivider, if different than the recorded owner there shall be a statement from the recorded owner authorizing the subdivider to act on the owner’s behalf; D. The name, address, phone number, email, of the person and organization preparing the subdivision documents; E. The signatures of all property owners of record whose land is involved in the adjustment; F. Digital copies of a site plan, record of survey and other items necessary for proper review as specified by the planning director. The site plan shall be verified by a Utah registered land surveyor or licensed engineer and include the following information: 1. Current lot or parcel lines; 2. Proposed adjustment(s) to the existing and adjusted lot or parcel lines; 3. Location of the home(s) and/or building(s) on the parcels involved, including accessory buildings; 4. Setbacks from all buildings to the existing and adjusted lor or parcel line(s); 5. Subdivision standards that are applicable to lot and parcel line adjustments; 18 G. A deed or other recordable instrument that will be used to execute the adjustment on a form provided by the planning director; and H. Verification that relocation of a lot or parcel line(s) will not leave in place a utility easement(s) that will impede future development. 20.10.070: SUBMITTAL REQUIREMENTS FOR LOT AND PARCEL CONSOLIDATIONS: An application to combine lots or parcels shall include all the following information: A. Required forms as provided by the planning director; B. All applicable fees; C. The name and address of the property owner, if different than the recorded owner(s) there shall be a statement from the recorded owner(s) authorizing the subdivider to act on the owner’s or owners’ behalf; D. The name, address, phone number, email, of the person and organization preparing the consolidation documents; E. The signatures of all property owners of record whose land is involved in the consolidation; F. A site plan, verified by a Utah registered land surveyor depicting the following information: 1. Current lot or parcel lines; 2. Location of any home(s) and/or building(s) on the lots or parcels involved, including accessory buildings; and 3. Inclusion of all subdivision standards that are specifically applicable to consolidations; G. Verification that elimination of a lot or parcel line(s) will not leave in place any utility easement(s) that will impede future development; and H. A copy of the deed or other recordable instrument that will be used to execute the consolidation on a form provided by the planning director. The instrument shall clearly indicate that the parcels or lots are to be consolidated into one parcel or lot and one legal description. If the consolidation includes land within an existing subdivision, the name of the existing subdivision and recording reference to the subdivision plat or most recent amended plat shall be referenced and the specific lots that are intended to be consolidated identified. 19 20.10.080: SUBMITTAL REQUIREMENTS FOR STREET DEDICATION PLATS: An application to dedicate a street as a public street, whether the street is proposed or existing, shall include the following information: A. Required forms as provided by the planning director; B. All applicable fees. A street dedication application shall be charged the same fee as a final plat; C. The name and address of the applicant. If different than the recorded owner there shall be a statement from the recorded owner authorizing the subdivider to act on the owner’s behalf; D. The name, address, phone number, email, of the person and organization preparing the dedication documents; E. The signatures of all property owners of record whose land is involved in the dedication; F. A draft plat that complies with all the requirements for a final plat, except those requirements pertaining to proposed lots; G. Construction plans that demonstrate compliance with all adopted and applicable standards for public streets. If the street was approved as a substandard public street as a planned development under Title 21A, the applicant shall provide evidence that the street dedication plat complies with the planned development approval; and H. If the street dedication plat is for an existing street that is not a public street, the applicant shall demonstrate all requirements and processes required by Chapter 14.54 or its successor. I. Any private utilities located in the street dedication shall meet current standards or be replaced and dedicated to Salt Lake City. CHAPTER 20.12 PUBLIC IMPROVEMENT REQUIREMENTS AND AGREEMENTS 20.12.010: Subdivision Improvement Construction Agreement Required 20.12.020: Public Improvements Required 20.12.030: Timing and Phasing of Public Improvements 20.12.040: Underground Utility Installation 20.12.050: Subdivision Improvement Construction Agreements 20.12.060: Bond and Security Requirements 20.12.070: Security Devices Securing Payment Risk 20.12.080: No Public Right of Action 20.12.090: As Built Plans Filed for Public Improvements 20 20.12.010: SUBDIVISION IMPROVEMENT CONSTRUCTION AGREEMENT REQUIRED: A subdivider for a subdivision that requires construction, repair, or replacement of public improvements shall be required to provide subdivision improvement plans with a final plat application. The review cycles in Utah Code Sections 10-9a-604.1 and 10-9a-604.2 or its successor shall apply. When the only public improvements required by this chapter relate to public utilities, any reference to the city engineer shall be interpreted to apply to the director of public utilities. 20.12.020: PUBLIC IMPROVEMENTS REQUIRED: The subdivider shall be responsible for providing all public improvements as required by this section. Any missing or deficient public improvement identified by this section shall be brought up to current standards. A. The subdivider shall improve all streets, pedestrianways or easements in the subdivision, and adjacent streets required to serve the subdivision to the standards and specifications adopted by the city that are found in the Salt Lake City Code of Ordinances or adopted by reference. The subdivider may not begin permanent improvement work until public improvement plans and profiles have been approved by the city engineer and a subdivision improvement construction agreement has been executed between the subdivider and the city. The subdivider shall cause improvements to be installed to permanent line and grade and to the satisfaction of the city engineer, and in accordance with the standard subdivision specifications contained in Chapter 20.12 of this title. The subdivider shall pay the cost of inspection. The subdivider may request that certain public improvements be waived by the city’s complete streets committee. The complete streets committee may waive those improvements for which it has authority. B. The following are minimum improvements that the subdivider normally must agree to install at the subdivider’s cost before acceptance and approval of the final subdivision plat by the city: 1. Grading, curbs and gutter, paving, drainage, and drainage structures necessary for the proper use and drainage of streets and pedestrianways, and for the public safety; 2. Site grading and drainage, taking into consideration the drainage pattern of adjacent improved and unimproved property and treating upstream areas, where appropriate, as though fully improved. All site grading must conform to the specifications contained in Chapter 20.12 of this title; 3. All streets and pedestrianways must be graded, and surfaced to widths and grades shown on the improvement plans and profiles. The subdivider must improve the extension of all subdivision streets and pedestrianways to any intercepting or intersecting streets; 4. Sidewalks must be installed as shown on the improvement plans; 21 5. Sanitary sewer facilities connecting with the existing city sewer system must be installed to serve the subdivision, with a separate private lateral for each lot, and to grades and sizes shown on the plans; 6. Stormwater drains and detention/retention basins must be installed as shown on the plans. Long term stormwater best management practices for stormwater quality must be installed as shown on the plans and the Stormwater Pollution Prevention Plan (SWPPP). All other conditions of the SWPPP shall be completed and permits terminated; 7. Water mains and fire hydrants connecting to the water system serving the city must be installed as shown on the plans signed by the director of public utilities. Mains and individual lot services must be of sufficient size to furnish an adequate water supply for each lot or parcel in the subdivision and to provide adequate fire protection; 8. Street trees, if required, must be of a type approved by the city and planted in approved locations; 9. Street lighting facilities must be provided in accordance with city policy for the area of the city where the subdivision is located, and must be so screened as not to interfere with views from hillsides of the city; 10. All natural gas lines, and telephone, electric power, cable television or other wires or cables must be placed underground. Equipment appurtenant to the underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts may be above ground subject to compliance with Section 21A.40.160, “Ground Mounted Utility Boxes”, of this code or its successor. The subdivider shall make necessary arrangements with the utilities involved for the installation of the underground facilities. All installed utilities must meet the minimum separation requirements as shown on the plans; and 11. Provisions must be made for any railroad crossings necessary to provide access to or circulation within the proposed subdivision. C. All public improvements required by this section or provided by the subdivider must be documented in the public improvement plans that show all public improvements are constructed to comply with all applicable provisions of the Salt Lake City Code of Ordinances, referenced standards adopted by the city, and any applicable federal standard or Utah Code. All public improvements required by this section that are shown in the public improvement plans shall meet the applicable standards, which include: 1. American Public Works Association Manual of Standard Specifications and Manual of Standard Plans 2017 edition; 2. Standard Practices for Salt Lake City Public Utilities (January 2010) or its successor; 3. Any standard or reference to a standard specifically identified in the Salt Lake City Code of Ordinances; 4. Any applicable standard that has been adopted by the State of Utah; and 5. Any applicable federal standard. 22 20.12.030: TIMING AND PHASING OF PUBLIC IMPROVEMENTS: The subdivider may propose a timing and phasing plan for installation of public improvement that complies with this section. A. All public improvements must be installed in each respective phase of the subdivision or future subdivisions. B. All public improvements must be designed such that the first phase has the capacity to accommodate the capacity of future phases. C. The subdivider shall include a phasing plan that details how each aspect of the subdivision will be platted and subdivided and the anticipated public improvements for each phase. D. The subdivider shall provide an overall concept plan for required public improvements, indicate on the plan what public improvements will be included in each phase, and enough information to demonstrate that the capacity is sufficient for all phases of the subdivision. E. The public improvement plan must acknowledge that if a subdivision standard or public improvement requirement changes before future phases are platted or constructed, the future phases must comply with those future improvements. F. Any monument or benchmark that is disturbed or destroyed before acceptance of all improvements, must be replaced by the subdivider under the direction of the city engineer. 20.12.040: UNDERGROUND UTILITY INSTALLATION: All underground utilities including water mains and laterals, sanitary sewers and storm drains installed in streets or alleys must be constructed before the surfacing of such streets or alleys. Connections for all underground utilities and sanitary sewers must be laid to such length as will avert the necessity for disturbing the street or alley improvements when service connections thereto are made. 20.12.050: SUBDIVISION IMPROVEMENT CONSTRUCTION AGREEMENT: A. Before the approval by the mayor of the final plat, and if public infrastructure improvements were conditions of preliminary approval, the subdivider shall execute and file a subdivision improvement construction agreement between the subdivider and the city, specifying the period within which the subdivider must complete all public infrastructure improvement work to the satisfaction of the city engineer, and providing that if the subdivider shall fail to complete the public improvement work within such 23 period, the city may complete the same and recover the full cost and expense thereof from the subdivider’s security device. The subdivision improvement construction agreement must also provide for inspection and testing of all public infrastructure improvements and require the subdivider to pay the cost of such inspections and testing. B. The subdivision improvement construction agreement may also provide for the following: 1. Construction of the public infrastructure improvements in units or phases; or 2. An extension of time under the conditions specified in this agreement. 20.12.060: BOND AND SECURITY REQUIREMENTS: The subdivider shall file with the city engineer, together with the subdivision improvement construction agreement, a security device in the manner and as described in the subdivision improvement construction agreement. 20.12.070: SECURITY DEVICES SECURING PAYMENT RISK: The terms of a corporate surety payment bond held by the city as a security device together with the applicable provisions of the subdivision improvement construction agreement shall govern claims to the corporate surety by a claimant. 20.12.080: NO PUBLIC RIGHT OF ACTION: Sections 20.12.040 and 20.12.050 of this chapter shall not be construed to provide any private right of action on either tort, contract, third party contract or any other basis on behalf of any property holder in the subdivision as against the city or on the security device required under Section 20.12.050 of this chapter or its successor in the event that the public improvements are not constructed as required. Notwithstanding the foregoing sentence, any security device obtained pursuant to Section 20.12.050 of this chapter to secure payment obligations with respect to the public improvements shall provide a private right of action to any person, at any tier, who supplies labor, material, or equipment with respect to the public improvements. 20.12.090: AS BUILT PLANS FILED FOR PUBLIC IMPROVEMENTS: A complete improvement plan “as built” (a.k.a. “record documents”) shall be filed with the city engineer upon completion of said improvements. The as built plans shall be in a digital format and a minimum of 24”x36” in size. 24 CHAPTER 20.14 PUBLIC HEARING AND NOTICING REQUIREMENTS 20.14.010: Purpose 20.14.020: Public Hearing Requirements 20.14.030: Public Meeting Requirements 20.14.040: Notice of Application 20.14.050: Identifying Property Owners to be Noticed. 20.14.060: Noticing Errors 20.14.070: Subdivider Responsible for Posting of Property 20.14.080: Applications Not Requiring Public Notice 20.14.010: PURPOSE: The purpose of this section is to identify required public processes for each application that is required by this title. The intent of public notice and input is to provide an opportunity for the public to learn about the application and provide input regarding the impact of the proposed subdivision to their ability to utilize their own property. 20.14.020: PUBLIC HEARING REQUIREMENTS: Public hearings shall be held and noticed as identified in this section. A. A public hearing shall be held for the following applications required by this title: 1. Subdivision amendments that: a. Include closing or vacating, in whole or in part, a public right of way; b. Alters a public easement when the public easement restricts or prohibits development other than public utility or public walkways or trails; c. Originally were notified through a notice of application and where a property owner within the subdivision has submitted a written objection to the proposed amendment within the timeline identified on the notice of application; and d. A public hearing for a subdivision amendment shall be heard within 45 days of the application being considered complete. 2. Any application that includes an application for a planned development; and 3. Any application that includes a modification to a subdivision design standard. B. Public Hearing Noticing Requirements: Any application that requires a public hearing shall be subject to the noticing requirements found in Section 21A.10.020. 25 20.14.030: PUBLIC MEETING REQUIREMENTS: The purpose of this section is to identify when a public meeting is required to be held to approve an application under this Title. A public meeting is a meeting that is open to the public to witness the discussion and decision-making process regarding an application that may be required by this title but does not include a public hearing for the application. A. A public meeting shall be held for subdivision amendments when eligible under Utah Code Section 10-9a-608 or its successor. B. Noticing Requirements for Public Meetings: Noticing requirements and notice content shall be the same as in Section 21A.10.020 of this code. C. The planning director may decide the matter during the public meeting or after the public meeting. If the decision is made after the public meeting, the planning director shall indicate the timeframe for a decision at the public meeting. 20.14.040: NOTICE OF APPLICATION: The purpose of this section is to identify the public notice process for a notice of application as required by this title. A. When authorized: Notice of application shall be provided for the following applications that may be required by this title: 1. Preliminary subdivisions that do not require a public hearing or public meeting; 2. Subdivision amendments that include the signatures of all property owners; and 3. Street dedication plats. B. Noticing Requirements: 1. A notice of application shall be mailed to all property owners within 300 feet of the property subject to the application. If the application is for a subdivision amendment, the notice of application shall be mailed to all owners of property within the existing subdivision in addition to the property owners within 300 feet of the properties subject to the subdivision amendment. The notice shall provide at least 12 days for public comment to be submitted to the city before a decision is rendered on the application. 2. A notice of application shall be sent to all entities as required in Utah Code Sections 10-9a-206, 10-9a-207, 10-9a-208, and 10-9a-603 or the successors of each section. 3. The property shall be posted with a sign advertising the public hearing. Each street frontage shall be posted with one sign that is posted within at least 10 feet of the property line along the street. C. Public Notice Content: Each public notice required under this section shall include: 26 1. The type of application that is subject to the public hearing; 2. The approximate address of the property subject to the application; 3. The date, time, and location of the public meeting, if required; 4. Information on how to attend the meeting if the meeting is an electronic meeting; and 5. Instruction on how the public may find out more information about the application and how input may be submitted. D. Timing of Notice: The notice of application shall indicate that no decision will be made within 14 days of the date of the notice. 20.14.050: IDENTIFYING PROPERTY OWNERS TO BE NOTICED: All notices shall be mailed to the property owners of record identified in the city’s GIS database for parcel ownership. 20.14.060: NOTICING ERRORS: If the noticing requirements of this chapter are not complied with, the required notice shall be redone with the error corrected and the timing of the notice restarted. 20.14.070: SUBDIVIDER RESPONSIBLE FOR POSTING OF PROPERTY: The subdivider shall be responsible for any notice required by this chapter to be posted on the property. The posting shall be completed following the requirements of Subsection 21A.10.015.B.3. 20.14.080: APPLICATIONS NOT REQUIRNG PUBLIC NOTICE: The following applications are not required to provide public notice: A. Lot line or parcel line adjustments; and B. Lot or parcel consolidations. CHAPTER 20.16 PRELIMINARY AND FINAL PLATS 20.16.010: Purpose 20.16.020: When Required 27 20.16.030: Applications Entitled to Approval 20.16.030: Timing of Public Notice 20.16.040: City Review Process 20.16.050: Preliminary Approval Standards 20.16.060: Determination of Recordable Instrument 20.16.070: Final Plat Review Process 20.16.010: PURPOSE: The purpose of this chapter is to identify the required process and standards for reviewing and deciding applications to subdivide property. This section applies to any new or amended subdivision, condominium, or condominium conversion. 20.16.020: WHEN REQUIRED: A preliminary subdivision application is required for any proposal to create lots or parcels on any land within the city. Preliminary subdivision applications are required for new or amended subdivisions, new or amended condominiums, and condominium conversions. All preliminary subdivision applications are subject to the provisions of this chapter. 20.16.030: SUBDIVIDER ENTITLED TO APPROVAL: Any preliminary subdivision application that complies with all required standards shall be approved provided all process requirements identified in this code are followed. A preliminary subdivision that includes a planned development application shall only be approved subject to the approval of the planned development as required in Chapter 21A.55 Planned Developments. 20.16.040: PRE-SUBMITTAL MEETINGS: An application may request a pre-submittal application for the preliminary subdivision application subject to the provisions of this section in accordance with Utah Code Section 10- 9a-604.1. Feedback at the pre-submittal meeting is limited to the information provided by the applicant and is not considered binding. 20.16.040: CITY REVIEW PROCESS: A. A preliminary subdivision application shall comply with Utah Code Chapter 10-9a Part 6. Any public notice required by this Title or Utah Code Chapter 10-9a shall be started after the application is considered complete. 28 B. A subdivision application that includes closing or vacating a public street, alley, or other right of way or vacating an easement that the city has a right to shall be decided by the city council after receiving a recommendation from the planning commission. The process shall be in accordance with the requirements of Chapter 21A.10. 20.16.050: PRELIMINARY APPROVAL STANDARDS: A. Timing of Approval: At the conclusion of any review cycle where no further corrections or additional information is required, each city department shall indicate that the application is eligible for approval. If all the requirements of Chapter 20.14 have been satisfied, the application shall be approved upon finding it complies with all the applicable standards found in this section, Chapter 20.26, and applicable provisions of Utah Code Chapter 10-9a. For an application that does not comply with the applicable standards in this title, and the subdivider has not responded within 90 days from the date the subdivider was provided with an itemized, written notice of any deficiency or noncompliance with the standards of this title shall be sent by the city and the application may be denied by the planning director. B. Approval Standards: 1. All preliminary subdivisions shall comply with the following standards: a. The preliminary plat map and associated documents include all information and is properly formatted as required by this title; b. The subdivision shall comply with all subdivision design standards or with approved modifications to the subdivision design standards in Chapter 20.26 of this title; c. Water supply and sewage disposal including all offsite utility improvements, required easements and infrastructure upgrades shall be satisfactory to the public utilities department director; d. The location and design of all water supply and sanitary sewer facilities are appropriately sized, connect to adequately sized infrastructure and found to be compliant with the adopted standards; e. The location and design of drainage elements to handle stormwater, ensure compliance with floodplain regulations, prevent erosion, and minimize formation of dust has been found to be compliant with adopted city standards and if applicable, Salt Lake County Flood Control and the Utah Department of Environmental Quality; f. The subdivision provides access and infrastructure necessary for firefighting equipment as required by the applicable fire code adopted by the city; g. The subdivision provides adequate easements and locations for all necessary utilities that are not provided by the city; h. All required dedications of land for streets, midblock walkways, alleys, parks, trails, and open space are provided for on the preliminary plat as indicated in the 29 adopted general plan of the city or as agreed to as part of any land use approval or development agreement. Any exactions that are not agreed to as part of a land use approval or development agreement shall be roughly proportionate and directly related to the impact of the proposed subdivision; i. The subdivision includes recommendations in the subdivider’s traffic impact study when the transportation director indicates the recommendations are required to mitigate adverse impacts; and j. The proposed subdivision will not create any injury or harm to any other property or persons. 2. Condominiums: The following additional standards shall apply to all condominium conversions preliminary subdivisions: a. The building official shall identify any improvements, repairs or replacements which must be made to bring the structure into compliance with applicable building codes prior to recording the final plat. The building official may require any existing code violations identified to be corrected prior to final approval; and b. Any existing nonconforming use or noncomplying structure that creates an immediate health or safety hazard to the public or future owners within the condominium has been brought into compliance with current standards or has been identified as a condition of approval to be addressed prior to the planning director signing the final plat. C. Effect of Approval: The effect of preliminary subdivision approval shall authorize the subdivider to prepare the final recording documents as required by this title. D. Approval Expiration: Preliminary approval shall expire 18 months from the date of preliminary approval unless a final plat has been submitted. If a final plat is not required, the required recording documents shall be submitted within 18 months from the date of preliminary approval. If the preliminary approval indicated that the subdivision will be divided into phases, the final plat for the first phase shall be submitted within 18 months. Future phases shall be subject to the phasing plan that was approved as part of the preliminary plat. 20.16.060: RECORDABLE INSTRUMENT: A. A final plat is required to be recorded for all subdivisions except those that contain fewer than 10 lots and when the subdivision of fewer than 10 lots does not include any of the following: new public improvements, dedications of land, easements, or amendments to any existing public street or alley. B. Subdivisions with fewer than 10 lots and when this title does not otherwise require a plat, may be recorded without a final plat as authorized under Utah Code Chapter 10-9a Part 6 or its successor. 30 20.16.070: FINAL PLAT REVIEW PROCESS: A. After preliminary subdivision approval has been granted, the subdivider may submit all requirements for a final plat under Chapter 20.10. The final plat documents shall be consistent with the approved preliminary subdivision documents and shall be approved if it complies with applicable provisions of this title, matches the preliminary approval, includes all conditions of preliminary approval, and all applicable provisions of Utah Code Chapter 10-9a. All final plat applications shall be submitted within 18 months of preliminary approval except for: 1. A subdivision that was indicated during preliminary approval to be phased; in which case the final plat shall be consistent with the phasing plan approved as part of the preliminary approval. Each phase shall require a separate final plat application; and 2. Condominiums where the subdivider desires to complete the framing of the building to ensure the interior dimensions of the condominium as shown on the final plat are consistent with the built dimensions of the building. In this case, the final plat shall be submitted within 30 days of final framing inspection. B. City Review: City review processes and timelines shall be consistent with Utah Code Chapter 10-9a, Part 6 or its successor. C. Subdivision Improvement Construction Agreement: The subdivider and the city shall finalize an agreement regarding the construction of all public improvements required or proposed as part of the subdivision. The agreement shall be finalized prior to the city engineer signing the final subdivision plat. D. The final plat to be recorded shall be on typical mylar material or the common material for plats at the time. The printing or reproduction process used shall not incur any shrinkage or distortions, and the reproduced copy furnished shall be of good quality, to true dimension, clear and readable, and in all respects comparable to the approved final plat. The mylar plat shall be signed separately by all required and authorized parties and shall contain the information set forth in this chapter. E. Prior to the filing of the final plat with the mayor, the subdivider shall file the necessary tax lien certificates and documents. CHAPTER 20.18 LOT AND PARCEL LINE ADJUSTMENTS 20.18.010: Purpose 20.18.020: Applicability 20.18.030: Standards for Lot or Parcel Line Adjustments 20.18.040: City Internal Review and Decision 31 20.18.050: Recordable Instrument 20.18.060: Expiration of Approval 20.18.010: PURPOSE: The purpose of this chapter is to enable lot and parcel line adjustments to be considered and approved administratively by the planning director or designee. 20.18.020: APPLICABILITY: This chapter applies to property line adjustments of existing adjoining parcels or lots that are described by either a metes and bounds description, a notice of subdivision approval, or a recorded plat. 20.18.030: STANDARDS FOR LOT OR PARCEL LINE ADJUSTMENTS: An application for a lot or parcel line adjustments shall result in lots or parcels that comply with the following standards: A. Existing structures comply with all applicable regulations in Title 21A regarding lot size, lot width, and required setbacks unless modified through a planned development or when necessary to comply with a finalized development agreement; B. The resulting lots or parcels do not alter any existing easement unless the existing easements are included in the application for an adjustment. If the easement is shown on a recorded plat and is impacted by the proposed adjustment, a subdivision amendment is required; C. The proposed adjustment does not create any new or increase the amount of noncompliance with Title 21A or does not result in a use expanding to a portion of a property where the use is not authorized in the applicable land use tables in Chapter 21A.33; D. The resulting adjustment will not result in more than one principal building on a single lot unless authorized by Title 21A; E. The resulting adjustment will not alter any public right of way; and F. The resulting adjustment will not create any new lots or parcels. G. The proposed adjustment complies with the applicable standards in Sections 20.26.070 and 20.26.080. 32 H. The proposed adjustment does not place the consolidated lot(s) into noncompliance with public utility requirements, such as meter standards, utility placement, shared facilities, and other adopted standards. 20.18.040: CITY INTERNAL REVIEW AND DECISION: The planning director shall review the application for completeness and for compliance with the standards of review for this type of application. The planning director shall forward the lot line application to the city surveyor for review of the new legal descriptions. Upon review of the application, site plan and finding that the standards of review are complied with, the planning director shall approve the lot line adjustment. If the standards of review are not complied with, the planning director shall deny the application. 20.18.050: RECORDABLE INSTRUMENT: If the lot line adjustment is approved, the planning director shall provide the subdivider with a document approving the adjustment that includes the director’s signature. The notice shall contain the descriptions of both the original parcels and the modified parcels as provided by the subdivider and approved by the city surveyor and state any conditions of approval. A document of conveyance shall be recorded by the subdivider, property owner, or their representative at the same time as the notice of approval with the Salt Lake County Recorder’s office. The lot line adjustment is not valid unless the document of conveyance is recorded. 20.18.060: EXPIRATION OF APPROVAL: City approval for lot or parcel line adjustment is only valid upon recording of the approved deed or other recordable instrument, and any document of approval issued by the city shall clearly indicate the same. Furthermore, city approval shall expire 180 calendar days from the date the city document was notarized unless both the city approval document and the approved recordable instrument are recorded within that time. CHAPTER 20.20 LOT AND PARCEL CONSOLIDATIONS 20.20.010: Purpose 20.20.020: Applicability 20.20.030: Standards for Lot or Parcel Consolidations 20.20.040: City Internal Review 20.20.050: Recordable Instrument 20.20.060: Expiration of Approval 33 20.20.010: PURPOSE: The purpose of this chapter is to allow for the consolidation of adjacent parcels and/or subdivision lots. 20.20.020: APPLICABILITY: This section applies to adjacent lots or parcels, regardless of a lot or lots being part of a previously recorded subdivision. An application to consolidate parcels is not required when specifically exempt under Utah Code Section 10-9a-523. 20.20.030: STANDARDS FOR LOT OR PARCEL CONSOLIDATIONS: For two or more adjacent lots or parcels to be consolidated into one lot, the following criteria shall be met: A. Compliance with all applicable zoning regulations including maximum lot size, if applicable; and B. A lot consolidation cannot yield two principal buildings on one lot, unless permitted in the zoning district or by an approved planned development. C. The proposed adjustment complies with the applicable standards in Sections 20.26.070 and 20.26.080. D. The proposed adjustment does not place the consolidated lot(s) into noncompliance with public utility requirements, such as meter standards, utility placement, shared facilities, and other adopted standards. 20.20.040: CITY INTERNAL REVIEW: The planning director shall review the application for completeness and for compliance with the regulations of the zoning ordinance. Upon review of the application, the planning director may either approve or deny the lot consolidation. 20.20.050: RECORDABLE INSTRUMENT: City approval of the consolidation shall be in the form of a notarized findings and order executed by the planning director and provided to the subdivider and/or owners. The findings and order shall specify, according to Section 20.20.060 of this chapter, the period after which city approval shall expire. If any portion of the consolidation includes land in a recorded 34 subdivision, the subdivision name shall be referenced in the recording document. The subdivider shall record the approved recordable instrument and the associated findings and order in the office of the Salt Lake County Recorder. 20.20.060: EXPIRATION OF APPROVAL: City approval for lot consolidations is only valid upon recording of the approved deed or other recordable instrument, and any document of approval issued by the city shall clearly indicate the same. Furthermore, city approval shall expire 180 calendar days from the date the city document was notarized unless both the city approval document and the approved recordable instrument for transferring property are recorded within that time. CHAPTER 20.22 STREET DEDICATION PLATS 20.22.010: Purpose 20.22.020: Applicability 20.22.030: Standards 20.22.040: City Internal Review 20.22.050: Recordable Instrument 20.22.010: PURPOSE: The purpose of this section is to establish a process for dedicating streets that are not already dedicated for public use and when no subdivision of land is proposed. 20.22.020: APPLICABILITY: This process may be used when: A. Additional right of way for an existing road is proposed by the adjacent landowner; B. Additional right of way for an existing road is necessary to provide adequate width for public improvements when the public improvements are required as part of a land use application authorized under Title 21A or as a condition of approval for a land use application under Title 21A. C. A public street is proposed to access property that does not currently have access to a public street; or D. When a property owner is proposing to construct a public street or portion thereof on land that is currently not part of a public street. 35 E. This process does not apply to the dedication of existing private streets unless the requirements of Chapter 14.54 have been satisfied and after the city has accepted a private street for donation to be a public street. F. A street dedication application shall be charged the same fee as a final plat. 20.22.030: STANDARDS: A street dedication plat shall be subject to the following standards: A. The proposed street to be dedicated complies with all adopted standards for public streets that apply to the classification, size, or typology for the area, property, or land use identified in the general plan or the zoning map; B. The land to be dedicated complies with all applicable subdivision standards in Chapter 20.26; C. The proposed street does not create any new lots or result in any existing lot or parcel being separated or split by the proposed street. In this case, the street can only be dedicated through a subdivision plat; and D. The proposed street does not create parallel streets that are separated by less than 200 feet. 20.22.040: CITY INTERNAL REVIEW: A. A street dedication plat shall be submitted to the planning division and reviewed by the necessary city departments who may be impacted by the proposed dedication. B. Each city department shall review the street dedication plat to determine if it complies with adopted regulations that apply to the width, construction, cross section, subdivision design standards applicable to public streets, public improvements, and any other applicable standard. C. After each city department has indicated that the street dedication plat complies with all applicable regulations, the subdivider shall prepare a final plat for recording the street dedication. The final plat shall comply with all requirements for final plats that relate to the dedication of public streets. D. A public improvement agreement is required for all street dedication plats that include any new public improvements or modifications to existing public infrastructure. 36 20.22.050: RECORDABLE INSTRUMENT: The dedication of the street shall be recorded as a final plat, absent the creation of any new lots, and only having to comply with the subdivision design standards related to streets. The final plat shall comply with all the applicable requirements for preparation of a final plat. The plat shall not be recorded until the public improvement agreement has been finalized and agreed to by the applicant and the city. CHAPTER 20.26 SUBDIVISION STANDARDS 20.26.010: Applicability 20.26.020: Modification to Standards 20.26.030: Standards for Utilities 20.26.040: Standards for Flood Control 20.26.050: Standards for Connectivity 20.26.060: Standards for Street Design 20.26.070: Standards for Natural Features 20.26.080: Standards for Blocks 20.26.090: Standards for Lots and Parcels 20.26.010: APPLICABILITY: All subdivisions of land within Salt Lake City shall comply and conform with the standards and requirements as set forth and as referred to in this section. 20.26.020: MODIFICATION TO STANDARDS: A subdivider may request a modification to a subdivision standard as provided for in this section. A. Authority to Approve Modifications: The authority to approve modifications to a subdivision design standard are as follows: 1. Standards for Public Utilities and Flood Control: Shall be determined by the director of public utilities based on the standards for approving modifications in Subsection B. 2. Standards for Connectivity and Street Design: Shall be determined by the transportation director based on the standards for approving modifications in Subsection B. 3. Standards for Natural Features, Blocks, and Lots and Parcels: Shall be determined by the planning director based on the standards for approving modifications in Subsection B. Modifications may also be considered as part of a planned 37 development pursuant to Chapter 21A.55 Planned Developments when a subdivision is associated with a planned development application. However, a planned development may not be submitted when the only modification requested is a modification to a subdivision standard. B. Standards for Approving Modifications: Any request for a modification shall be identified in the preliminary subdivision application or as a supplement to an application in response to city review comments and include evidence provided by the subdivider that the following standards are satisfied: 1. The proposed modification will not diminish the ability of the city to provide service to the properties within the subdivision; 2. The proposed modification does not negatively impact any future city plans related to transportation or public utilities; 3. The proposed modification complies with adopted engineering standards, or a different engineering standard endorsed by a professional organization that provides standards for public infrastructure and the authority identified in Paragraph A finds that the modified standard is substantially similar to the city adopted standard; 4. The proposed modification does not jeopardize the integrity, structure, function, future needs, capacity, or purpose of any other public infrastructure; and 5. The proposed modification does not result in a detrimental effect to nearby properties that may be caused by the proposed modification during the construction process. A detrimental effect includes: a. Dirt, rock, or other debris falling or being placed on adjacent property; b. Storm water, snow melt, or irrigation water flowing onto other property; c. A decrease in access to adjacent properties; d. Degradation of any public property or easement; e. Any impact that jeopardizes the health or safety of any person, structure, vegetation, or property. 20.26.030: STANDARDS FOR UTILITIES: All subdivisions and subdivision amendments shall comply with the requirements of this section. This section shall be administered by the director of public utilities. A. All water and sewer shall be provided through underground services and connections; B. Storm water may not use underground services and connections and shall be managed through surface flow, swales, retention basins or other similar methods for storm water management. C. All lots within the subdivision that are developable shall be provided with access to all required utilities by the subdivider with necessary and required easements shown on the plat; 38 D. Easements for utility and drainage purposes shall be provided within the subdivision as required by the director of public utilities. However, in no event shall such an easement be less than five feet in width when proposed along the front lot line; and E. Watercourses: The subdivider shall dedicate an easement for storm drainage conforming substantially with the lines of any natural watercourse or channel, stream, creek, or floodplain that enters or traverses the subdivision. 20.26.040: STANDARDS FOR FLOOD CONTROL: All subdivisions and subdivision amendments shall comply with the requirements of this section, any applicable requirements of Title 17, and the requirements of Chapter 18.68 of this code. Any applicable state or federal requirement shall also apply. This section shall be administered by the director of public utilities: A. The subdivision design shall be consistent with the need to minimize flood damage; B. Adequate drainage must be provided to reduce exposure to flood hazards; C. All public utilities and facilities such as sewer, gas, electrical and water systems shall be located, elevated, or constructed to minimize or eliminate flood damage; and D. The subdivider shall dedicate an access easement for storm and flood management that provides adequate access to perform flood control within any river, stream, creek, or similar water way or floodplain that enters or traverses the subdivision. 20.26.050: STANDARDS FOR CONNECTIVITY: All subdivisions and subdivision amendments shall comply with the standards of this section. This section shall be administered by the transportation director unless otherwise indicated. A. The subdivision design shall conform to the pattern of major street as designated in the general plan or on the major street plan map of the city transportation master plan. Whenever a subdivision fronts on a street so designated or contains within the boundaries of the proposed subdivision a public street identified in the general plan, that street shall be platted and dedicated by the subdivider in the location and width so indicated. B. The street pattern in the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood or district. The following principles shall be observed: 1. Where appropriate to the design and terrain, proposed streets shall be continuous and in alignment with existing planned or platted streets, or, if offset, streets shall be 39 offset a minimum of 100’ between centerlines of intersecting that are 50’ or less in width and a minimum of 400’ between centerlines of intersecting streets that are wider than 50 feet; 2. Where streets extend to the boundary of the property, resulting in dead end streets may be approved with a temporary turnaround of a minimum 45’ radius. In all other cases, a permanent turnaround shall conform to specifications in Subsection G, “Turnaround”, of this section or have a design otherwise approved by the transportation division; 3. Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit. “T” intersections rather than “cross” intersections shall be used wherever possible for local streets; and C. The proposed subdivision shall include street connections to any streets that abut, are adjacent to, or terminate at the subdivision site. The proposed development shall also include street connections in the direction of all existing or planned streets adjacent to the development site as identified in the adopted general plan. Exceptions to this requirement include situations where the street connection would alter a drainage channel, natural feature, steep slope, utility easement that prohibits such a connection, or other legally existing restriction on the land that would prohibit the street connection. D. The proposed subdivision shall include streets that extend to the boundary of the subdivision and undeveloped or partially developed land that is adjacent to the subdivision. The streets shall be in locations that will enable adjoining properties to connect to the proposed subdivision street system when the streets are public. Exceptions to this requirement include situations where the adjacent land is separated from the development site by a drainage channel, natural feature, steep slope, utility easement that prohibits such a connection, or other legally existing restriction on the land that would prohibit the future development of the land. E. The subdivider shall dedicate or grant an easement for pedestrian and bicycle infrastructure through the subdivision and connecting to similar infrastructure as required by this section: 1. When in a right of way that is to be dedicated as part of the subdivision, the pedestrian and bicycle infrastructure shall comply with the adopted general plan related to pedestrian and bicycle infrastructure; 2. When the general plan identifies a trailhead or connects to a trail on land that is within the proposed boundaries of the subdivision; 3. When the general plan identifies public pedestrian or bicycle infrastructure abutting the proposed subdivision and connections to the pedestrian or bicycle infrastructure within the boundaries of the proposed subdivision are necessary to complete the pedestrian and bicycle infrastructure; 4. When existing trails, sidewalks, walkways, bike path, or other infrastructure is located on land that is adjacent to the boundary of the proposed subdivision; 5. When required by Chapter 14.06 of this code; and 40 6. Any required pedestrian and bicycle infrastructure required by this section shall be the minimum width necessary to provide the connection. The connection may be in the form of a dedication of land on the plat or as a public access easement. The area of the dedication or easement shall count towards the minimum lot areas of the adjacent lots as determined by the subdivider. F. Cul-De-Sacs: Cul-de-sacs are prohibited in new subdivisions or when new streets are proposed as part of a subdivision amendment except as provided in this section. 1. Physical conditions are present that prohibits development of a connecting street. A physical condition includes slopes over 30 degrees, the presence of a river, stream, wetland, or other body of water, upland wildlife habitat area, the boundary of an Open Space, Natural Open Space, or Foothill Protection zoning district, or other land identified in Subsection C.1. If this condition is present, the subdivider may be required to provide a public access easement through the cul-de-sac to any public land where one of the physical conditions identified in this section exist; 2. The land adjacent to the subdivision is already developed in a manner that makes it impracticable to connect the proposed subdivision to the existing streets; or 3. When required by the applicable fire code. G. Turnaround: If allowed cul-de-sacs in residential zoning districts should be no longer than 400’ (measured from centerline of intersecting street to radius point of turnaround) and shall have a minimum of 45’ curb radius. Cul-de-sacs in all other zoning districts should be no longer than 650’ and should have a minimum of 60’ curb radius. Other cul- de-sac lengths or turnaround configurations may be approved by the fire department and the transportation director. 20.26.060: STANDARDS FOR STREET DESIGN: The following minimum standards apply to all public streets and design criteria shall apply unless deemed unwarranted by written recommendation of the city engineer and transportation division director. Said standards and criteria shall be supplemented by other applicable existing engineering and construction requirements and standards as specified by the city engineering and transportation divisions. A. General: 1. Where higher standards have not been established as specified in Subsection A.1 of this section, all streets shall be platted, designed, and constructed according to the principles outlined in the transportation division’s Street and Intersection Typologies Design Guide and the design and constructions for public streets adopted by the city. Exceptions to the Street and Intersection Typologies Design Guide may be granted through a planned development subject to Chapter 21A.55 or by the transportation director based on the following standards: 41 a. The subdivision serves 10 lots or fewer and justifies a narrower cross section than what is identified in the Street and Intersection Typologies Design Guide; b. A different street design is warranted due to the slope, waterways, existing infrastructure, or other similar unique circumstance that doesn’t generally exist on other properties within the same zoning district; c. The adopted general plan establishes a different guide or standard for streets in the geographic area where the proposed subdivision is located; and d. The subdivider provides an alternative cross section for a street that provides all of the required components identified in the guide but in a different arrangement that is consistent with the intent of the specific street type. B. Street Grades: Curves and sight distances shall be subject to approval by the city engineering division, to ensure proper drainage and safety for vehicles and pedestrians. The following principles and standards shall be observed: 1. Grades of streets shall be not less than 0.5% and not greater than 7%; 2. The maximum grade applies at the street centerline; and 3. Short runs of steeper grades may be permitted if there are no objections from the fire department, transportation division, and city engineer. C. Vertical Alignment of Nonintersecting Streets: Transition curves over crests of hills shall be designed to provide both a smooth transition from upward movement to minimize potential roller coaster effect and to provide safe stopping sight distance at all times. The stopping sight distance is the distance required to safely stop a vehicle after viewing an object calculated on a formula set forth in standards adopted by the transportation division. D. Vertical Alignment at Street Intersections: Transition curves shall be required to provide a smooth transition from road grade to intersections. For an approach distance (“A”) from each edge of the intersecting street line, the grade may not exceed 2%. The minimum length of the approaches (“A”) and transition curves (“L”) shall be calculated upon the formulas below: A = The minimum approach distance required where grade may not exceed 2% from the curb line of the intersecting street. Said distance of “A” shall be not less than 35’ for intersections with local streets and not less than 100’ for intersections with major or arterial streets. L = The minimum transition curve length required between points of tangency, “X”, where L = 10(a), “a” being the difference between the grade of the road less the grade of “A”. 42 E. Intersection Site Distance: Intersections shall be planned and located to provide as much sight distance as possible. In achieving a safe road design, as a minimum, there shall be sufficient corner sight distance for the driver on the approach roadway to cross the intersecting street without requiring approaching traffic to reduce speed. Such corner sight distance is a field of vision which shall be measured from a point on the approach roadway at least 15’ from the edge of the intersecting roadway pavement at a height of 3.5’ on the approach roadway. The minimum corner sight distance for local streets (30 miles per hour design speed) shall be 350’. For collector streets (40 miles per hour design speed) the minimum corner sight distance shall be 450’. F. Horizontal Alignment of Streets: In addition to the specific street design standards set forth above, horizontal alignment shall be subject to the following criteria: 1. Consistent with topography, alignments shall be as straight as possible; 2. Maximum curvatures shall be avoided whenever possible; 3. Consistent patterns of alignment shall be sought. Sharp curves at the end of long tangents or at the end of long flat curves shall be avoided; 4. Short lengths of curves shall be avoided even for very small deflection angles; 5. Flat curvatures shall be provided on long fills; 6. Compound circular curves with large differences in radii shall be avoided; 7. Direct reverse curves shall be avoided; a tangent shall be used between them; 8. “Broken back curves” (two curves in the same direction on either side of a short tangent or large radius curve) shall be avoided; and 43 9. To effectuate the above general criteria, the minimum curve centerline radii for local streets and collector streets shall be 100’ and 150’, respectively. The maximum allowable degree of curvature shall be 23° for local streets and 12.5° for collector streets. G. Street Lighting: Lighting shall comply with the policies and standards outlined in the Salt Lake City Street Lighting Master Plan. H. Curb, Gutter, and Sidewalks: The following principles and standards shall apply to the design and installation of curbs, gutters, sidewalks, and pedestrianways. Low impact development standards may be substituted at the discretion of the engineering and transportation divisions, according to best practices as determined by the public utilities department: 1. Vertical curbs and gutters as shown on the city’s standard detail drawings shall be required in all subdivisions unless otherwise approved by the city engineer and transportation director. The minimum gutter slope at a street intersection and at the crest and sag of vertical curves is 0.5%; 2. Sidewalks shall be designed to comply with ADA Guidelines. Sidewalks are required on both sides of a street except when the transportation director authorizes an exception when a subdivision includes land that is in a manufacturing zone located west of I-215, BP Business Park District located west of I-215, or EI Extractive Industries District. 3. Sidewalks shall normally be located within the street right of way and shall be required to be a minimum width as indicated in this subsection: a. Four feet wide in any FR, R-1, R-2, or SR zoning districts when adjacent to a park strip; b. Five feet wide in any FR, R-1, R-2, or SR zoning districts zoning districts when the sidewalk is directly adjacent to the back of curb; c. Six feet wide in all other zoning districts unless specified otherwise in those districts; d. Eight feet wide in the central business district; or e. Ten feet wide along Main Street in the central business district. The transportation director may require the subdivider to provide a pedestrian impact study to determine if additional width for a sidewalk is necessary based on the proportional impact the subdivision may have on the sidewalks within the subdivision; I. Protection Strips: Protection Strips: Where subdivision streets create frontage for contiguous property owned by others, the subdivider may, upon approval by the city engineer create a protection strip not less than one foot in width between said street and adjacent property, to be deeded into joint ownership between the city and subdivider. Such a lot requires an agreement from the subdivider contracting to deed to the owners of the contiguous property the one foot or larger protection strip lot for a consideration 44 named in the agreement, such consideration to be not more than the cost of street improvements properly charged to the contiguous property as determined by the city engineering division in their estimate of cost of improvements for the subdivision. Jointly owned protection strip lots shall not be permitted at the end of or within the boundaries of a public street, or proposed street, or within an area, or abutting an area, intended for future public use. J. Traffic Report: New subdivisions have traffic impacts on existing street systems that may or may not be adverse in nature. The transportation director may require the subdivider to provide a detailed traffic report of the effects and impacts of the proposed development. This report shall detail the expected number of trips to be generated, the type of vehicles expected, and the times of day that the most severe impact can be expected. It shall also detail the effect on street capacity by the development, as well as nearby intersections that will be impacted by the development’s traffic as may be designated by the transportation division director. Based on a review of the traffic impact study, the transportation division may require additional mitigations including street improvements and other multi-modal transportation enhancements. 20.26.070: STANDARDS FOR NATURAL FEATURES: All subdivisions and subdivision amendments shall comply with the provisions of this section. This section shall be administered by the planning director. A. Preservation of Natural Features: all subdivisions and subdivision amendments shall be designed to preserve the natural features of a site as follows: 1. Rivers, streams and creeks shall not be piped or placed in any culvert or man-made channel; 2. Wetlands shall be protected and buffered as required within the underlying zoning district, overlay district, or as identified in the general plan; 3. Wooded areas within a subdivision shall be preserved. Lots that include wooded areas are allowed to exceed the maximum lot size of the underlying zoning district and may count towards any required landscaping, regardless of location of the wooded area or the required landscaped area; 4. Wildlife habitat shall be preserved when the general plan identifies areas to be protected or Title 21A specifically requires protection of habitat or buffers from wildlife habitat. Area preserved as wildlife habitat may count towards the landscaping requirements of the underlying zoning district, regardless of the location of the wildlife habitat or the required landscaped area; and 5. Natural features identified in this section shall be identified as undevelopable areas on the final plat. The size of the undevelopable area shall be determined by the general plan if the general plan provides an objective metric to determine the area to be protected or as required by Title 21A Zoning. If both the general plan and Title 21A include conflicting regulations regarding this provision, the smaller requirement shall take precedent. If the general plan or Title 21A does not provide a minimum 45 requirement, the document that does indicate a minimum requirement shall take precedent. B. Environmental Conditions of Land to Be Dedicated: Environmental Site Assessments (ESAs) and remediation must be conducted on any land that is to be dedicated to the public, as follows: 1. ESAs shall be performed in accordance with the most recent version of ASTM Standard E1527. 2. The city reserves the right to conduct ESAs using a city-contracted environmental consultant if needed to avoid legal liability, if there are concerns with the environmental work conducted to date, or other reasons as determined by the director of sustainability, other department directors as applicable, or their designees. 3. If remediation is required to clean up the land to the appropriate land use standards, the remediation shall be completed prior to dedicating the land. 4. All ESAs and remediation reports shall be reviewed and approved by the director of sustainability, other department directors as applicable, or their designees. 20.26.080: STANDARDS FOR BLOCKS: All subdivisions and subdivision amendments shall comply with the provisions of this section. This section shall be administered by the planning director. A. Public Streets Required: All subdivisions shall include public streets as required by the adopted general plan of the city. The subdivision may include additional streets not identified in the general plan. Streets shall be used to create blocks that comply with this section. Local streets within a subdivision shall be public unless private streets are approved through a planned development in accordance with Chapter 21A.55. B. Blocks shall be created by streets as required in the adopted general plan. For the purpose of this section, a midblock walkway identified in the general plan shall be considered a street for determining block size. Blocks shall be created by local streets as follows: 1. In zoning districts that allow residential uses, proposed streets that comply with the applicable street cross section in the Street and Intersection Typologies Design Guide are required when the proposed subdivision is over five acres in size unless the subdivision is approved as part of a planned development. For the purpose of this section, a residential use does not include a dwelling for a caretaker when allowed in zoning districts that do not allow other residential land uses. This section shall also apply to any lot/parcel line adjustment or lot/parcel consolidation; and 2. In all other zoning districts, there is no maximum block size. 46 20.26.090: STANDARDS FOR LOTS AND PARCELS: All subdivisions and subdivision amendments shall comply with the provisions of this section. This section shall be administered by the planning director. A. Frontage on Public Streets: All lots or parcels shall have frontage on a public street and the frontage shall comply with the minimum lot width requirements of the underlying zoning district. This standard is not applicable if Title 21A allows lots or parcels without street frontage. This provision may be modified as part of a planned development in accordance with Chapter 21A.55. Access that crosses multiple lots shall include appropriate cross access easements. B. Buildable Areas: All subdivisions shall result in lots or parcels that provide a practically sized buildable area except for lots or parcels that are: 1. Identified as undevelopable on a subdivision plat; 2. Identified as a public park or open space; 3. Identified as a protection strip intended to prevent access across property provided the protection strip complies with the standards of this title; or 4. Intended to be used for public infrastructure. C. Minimum Lot or Parcel Size: All lots or parcels shall comply with the minimum lot size and lot width required within the applicable zoning district or overlay district in Title 21A. D. Lot or Parcel Shape: all lots and parcels shall generally be rectangular in shape except when one of the following conditions exist: 1. The lot or parcel shares a property line with a lot or parcel that is not part of the subject subdivision and that property line is curved, angled, or has multiple angles along the length of the property line; 2. The lot or parcel has frontage on a public right of way or private street and the boundary of the public right of way or private street is curved, angled, or has multiple angles along the length of the boundary. Side property lines shall be approximately at right angles or radial to the street line; 3. The property line follows a natural feature that includes a water way, slope over 30 degrees, rockfall area, wetland, ridge line, or other natural area that necessitates a different shape lot; 4. This standard does not apply when: a. The shape is approved as part of a planned development; b. The lot or parcel is a flag lot; or c. The lot or parcel is in a special purpose zoning district other than MU Mixed Use District. 47 E. Double Frontage Lots: Double frontage lots are prohibited in subdivisions located in residential zoning districts. F. Developable Area Limitation on Steep Slopes: The applicant shall provide a slope classification map with any subdivision application when the subdivision is in any foothill zoning district or open space zoning district. The slope classification map shall use a “ten-foot averaging” to determine the locations of any slope that exceeds 30%. All slopes that are 30% or greater shall be considered significant steep slopes and are undevelopable. This section shall also apply to zoning map amendments that propose changing the zoning from a foothill zoning district to any other zoning district. 1. All areas of significant steep slope shall be identified as “undevelopable area” on the plat. A legal description of the undevelopable area shall also be included on the plat; 2. The boundary line of the undevelopable area shall be identified as a “transition area” on the plat. The transition area shall be a minimum of 10 feet; 3. Undevelopable areas shall be protected from subsequent alteration or encroachment by an open space preservation easement granted to Salt Lake City on the subdivision plat; 4. Grading, landscaping, construction activities, streets (public or private) and other disturbances of the land are prohibited within the portions of the plat designated as an undevelopable area except as follows: a. Any construction activity necessary to provide utility access to the lot when the undevelopable area is located between the street and the developable area on a lot and there is no other legally existing location to construct the necessary public utilities. Any excavation and grading work necessary to construct necessary utilities shall be the minimum necessary and any disturbance shall be returned to its natural condition; b. Any driveway or walkway and associated retaining walls necessary to provide access to the building area when the undevelopable area is located between the street and the developable area and there is no other legally existing location to construct the driveway, walkway, and associated retaining walls. No driveway that qualifies for this exception may exceed 15 feet in width and no walkway may exceed six feet in width. All retaining walls shall comply with the applicable provisions for retaining walls found in Title 21A; c. Exceptions listed in Subsections a. and b. shall occupy the same space unless the engineering specifications for either requires a different location. The preference of the subdivider or property owner is not a valid reason to allow separate locations; or d. Modifications to landscaping when necessary to comply with requirements or guidelines for vegetation in wildfire interface zones as recommended by a government agency. 5. A lot that has undevelopable area within its boundaries is allowed to exceed the maximum lot size in the underlying zone without a planned development and without 48 needing to comply with the provisions in Title 21A for exceeding maximum lot size provided: a. The parcel has a minimum of 1,500 square feet of net buildable area. The net buildable area shall not include any areas of thirty percent (30%) or greater slope or the required zoning setbacks or the portion of the transitional area that is required that lies within the required ten foot (10’) minimum setback or twenty foot (20’) average setback from the proposed development limit line, as defined by the Salt Lake City Zoning Ordinance; b. The parcel has city sewer and water services that are located or can be extended to access the lot directly from the street; or c. The applicant must present a construction plan, acceptable to the city, which demonstrates the ability to manage staging for construction in a manner that will not impact transitional or steep slope areas; and 6. The plat shall include the following language to indicate that the developable area limitation on steep slopes shall be shown on all building permits for new buildings or structures and additions to existing buildings or structures: “The developable area limitations and all undevelopable areas shall be shown on all building permits when the building permit includes the construction of any new building or structure and additions to any existing building or structure. The undevelopable area shall not be used for any construction activity, staging, or storage during the construction process.” G. Solar Oriented Lots: For subdivisions with 25 or more single-family residential lots at least 50% of lots less than 15,000 square feet, upon which detached single-family dwelling units are planned for construction, shall be oriented with the longest dimension lot line oriented towards the south to accommodate future solar panel installations on the property. Exceptions to this provision may be made by the planning director when: 1. The land that is proposed to be subdivided is along an existing street that is oriented in a manner that does not make it practical for the lots to comply with this requirement; 2. Where unusual topographic, environmental, soil, and similar conditions exist that, as determined by the planning director, make compliance with these provisions physically infeasible; 3. The property is within an existing subdivision and the proposal is a subdivision amendment; or 4. The existing lot or parcel is proposed to be modified through a lot line adjustment, parcel boundary adjustment, or consolidation. 49 CHAPTER 20.30 APPEALS 20.30.010: Appeal Authority 20.30.020: Appeal Procedures 20.30.010: APPEAL AUTHORITY: A. Appeals of any final decision made under this Title shall be subject to the requirements of this chapter. B. Appeal of Final Decision: The applicant, a board or officer of the municipality, or an adversely affected party may, within 10 days of a final decision regarding a preliminary subdivision application, appeal that decision to the appeal hearing officer by alleging that there is error in any order, requirement, decision, or determination made by the land use authority who made the final decision. All appeals shall be based on the record and subject to the appeal process established in Chapter 21A.16. An appeal filed under this section does not require a public hearing with the appeals hearing officer. A final decision that involves approving the recordable instrument cannot be appealed. C. Appeal of decision regarding subdivision improvement plans. Any dispute between the city and the subdivider shall be conducted in accordance with Utah Code Section 10-9a- 508(5) or its successor. Appeals under this section are limited in accordance to Utah Code Section 10-9a-508(5). D. Appeal of a residential roadway standard. Any appeal related to Utah Code Section 10- 9a-508(5) or its successor is subject to the specific appeal requirements of that section. Any appeal filed under this section shall comply with the appeal application and fee process required by this chapter. 20.30.020: APPEAL PROCEDURES: A. All appeals shall be filed within 10 days of the final decision on an application provided by the city and following the submittal process required by the city for filing an application. B. Any appeal of a subdivision approval shall be based on the record of approval. A public hearing is not required for an appeal and no additional information may be presented by the appellant that was not made available to the land use authority prior to the final decision. C. The process for filing an appeal, except as indicated in this chapter, shall be the same as the process outlined in Chapter 21A.16. If Utah Code provides an appeal process that differs from this chapter, Utah Code shall be followed. 50 CHAPTER 20.40 ENFORCEMENT 20.40.010: Unlawful Acts Involving Sale or Lease of Property 20.40.020: City Engineer to Enforce Subdivision Design Standards 20.40.030: Violation and Penalty 20.40.040: Issuing a Certificate of Occupancy 20.40.050: Illegal Subdivisions, Consolidations, and Adjustments 20.40.060: Civil Penalties 20.40.010: UNLAWFUL ACTS INVOLVING SALE OR LEASE OF PROPERTY: A. No person shall offer to sell, contract to sell, sell, deed, or convey any property contrary to the provisions of this title. B. The city, in addition to any other remedy provided by law, may seek to prevent any remedy or violation of this title that has occurred or is about to occur by instituting a proceeding for an injunction, mandamus, abatement or any other appropriate action. C. The city may enforce the provisions of this title by refusing to issue building permits. 20.40.020: CITY ENGINEER TO ENFORCE SUBDIVISION DESIGN STANDARDS: The city engineering division will have responsibility for inspection and enforcement of subdivision design standards and requirements of this title. When it is found by inspection that conditions are not substantial as stated or shown in the approved subdivision plans, the city engineering division shall stop further work until approval is obtained for an amended subdivision plan. 20.40.030: VIOLATION AND PENALTY: It shall be unlawful for any person to fail to comply with the provisions of this title, and failure to comply with the provisions of this title shall constitute a class C misdemeanor. 20.40.040: ISSUING A CERTIFICATE OF OCCUPANCY: The building official may withhold the issuance of certificate of occupancy for any building within a subdivision if the subdivider or designee violates any provision of this title and fails to correct the violation to the satisfaction of the city engineer. 51 20.40.050: ILLEGAL SUBDIVISIONS, CONSOLIDATIONS, AND ADJUSTMENTS: Any subdivision, consolidation, or adjustment to land that is not authorized and approved under this title or Utah Code shall not be recognized by the city and no future land use approval or building permit shall be issued until the subdivision, consolidation, or adjustment complies with the requirements of this title and is approved by the city. 20.40.060: CIVIL PENALTIES: Any violations of the provisions of this title shall subject the violator to a civil penalty in the following amounts: A. $200.00 per day if the violation occurs in FR-1, FR-2, or FR-3 districts as listed in Title 21A. B. $100.00 per day for any other violation. CHAPTER 20.50 DEFINITIONS 20.50.010: Definitions Generally 20.50.020: Definition of Terms 20.50.010: DEFINITIONS GENERALLY: Terms used within this title shall be defined as indicated. Terms defined in Utah Code Section 10-9a-103 shall take precedence. Terms not defined in Utah Code shall be as defined in this section. Terms not defined in Utah Code Chapter 10-9a or in this section shall be as defined in Title 21A. Any words that remain undefined shall be defined as stated in Miriam- Webster Online Dictionary. 20.50.020: DEFINITION OF TERMS: ALLEY: A public or private right of way within a block primarily intended for service and access to abutting property by vehicles and not designated for general travel. ADA: Americans With Disabilities Act. APPLICATION: A form provided by the zoning administrator that is required to initiate a process identified by this chapter. 52 ARTERIAL STREET: A street that facilitates through traffic movement over relatively long distances such as from one end of the city to the other. Arterials are generally multilane streets carrying high traffic volumes at relatively high-speed limits. These are commuter streets and sometimes offer controlled access to abutting property, and curbside parking may be restricted or prohibited. Arterial streets are designated as such on the major street plan map of the transportation master plan. BICYCLE INFRASTRUCTURE: Public facilities intended to support the use of a bicycle or similar vehicles which may include, but is not limited to, paved ramps, paths, bridges, bicycle storage facilities, trails, and the accessory structures necessary to support the facilities. BLOCK: An area of land within a subdivision entirely bounded by streets (other than alleys), freeways, and other types of rights of way identified by this chapter. BUILDABLE AREA: That portion of the lot remaining after required yards have been provided and after the limitations of any pertinent environmental regulations have been applied. Buildings may be placed in any part of the buildable area subject to complying with other applicable standards. CITY ATTORNEY: The Salt Lake City Attorney or designee. CITY COUNCIL: The legislative body of Salt Lake City. CITY ENGINEER: The Salt Lake City Engineer or designee. CITY RECORDER: The Salt Lake City Recorder or designee. COLLECTOR STREET: A street that provides the connection between arterial and local streets. Collector streets can be multilane, but they are meant to carry less traffic at lower speeds and for shorter distances than arterial streets. They provide direct access to abutting property and carry a mix of local and commuter traffic headed for nearby destinations. Collector streets are identified as such on the major street plan map of the transportation master plan. CONDOMINIUM: A property or portions thereof conforming to the definition set forth in Utah Code Section 57-8-3 or its successor. CONDOMINIUM CONVERSION: The process of converting an existing building(s) into a condominium. CONDOMINIUM DECLARATION: As defined in Utah Code Section 57-8-3, or its successor. CONSERVATION EASEMENT: An encumbrance against real property that restricts uses of the land to protect the land for conservation purposes. 53 CONSOLIDATION: The act of combining two or more lot or parcels into one lot or parcel. CONTOUR LINE: A line on a map joining points of equal elevation as measured from sea level. COUNTY RECORDER: The Salt Lake County Recorder or designee. CUL-DE-SAC: A local street open at only one end which has a turnaround for vehicles at the closed end. DEDICATION: The act of converting private land to public land. DEED: A legal document that transfers an ownership interest in real property to another person or entity. DEED RESTRICTION: A signed document recorded against the title of a property that limits the use of the property. DEVELOPMENT LIMIT LINE: A line on a plat which defines the boundary between developable and undevelopable areas. This line may be identified with different terms, such as nonbuildable area line, on existing recorded plats. DOUBLE FRONTAGE LOT: A lot that has frontages on two different streets where the streets do not intersect adjacent to the property. This term shall also apply to double frontage parcels. DRIVEWAY: A way or route for use by a vehicle leading from a parking area or from a house, garage, or other structure to a road or street. EASEMENT: An interest in land owned by another that entitles its holder to a specific limited use or enjoyment. ENVIRONMENTAL REMEDIATION: The cleanup of pollution or contaminants from the environment to the standards appropriate for the proposed land use, including the soil, groundwater, surface water, or air. EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and shall include the conditions resulting therefrom. FINAL SUBDIVISION PLAT: A map of real property in the form of lands and/or building units being laid out and prepared in accordance with the provisions of Chapter 10-9a or Title 57, Utah Code or its successor, and of this title, designed to be placed on record in the office of the Salt Lake County Recorder. 54 FOOTHILL SUBDIVISION: A subdivision of property located within the FP Foothills Protection District or the FR-1/43,560, FR-2/21,780, or FR-3/12,000 Districts. FREEWAY: Routes, typically divided arterial highways, provide for rapid movement of large volumes of vehicles between urban areas. No local access to individual sites is provided. GENERAL PLAN: Land use planning policy document(s) adopted by the Salt Lake City Council in accordance with the provisions of Utah Code Chapter 10-9a, Part 4 and defined in Title 19 General Plan. GRADING: Excavation or fill or any combination thereof that alters the elevation of the terrain and shall include the conditions resulting from any excavation or fill. GRADING PLAN: A plan that shows the extent of all grading activity that is proposed to occur within the boundaries of a subdivision or on a lot or parcel. LEGAL DESCRIPTION: The written description of a lot or parcel. The legal description may be metes and bounds, a lot number or combination of lot numbers when located within a subdivision recorded by plat, or other lawful description of land that is recorded with the county recorder’s office. LOCAL STREET: A street which provides direct access to and from abutting properties they serve. Local streets are usually relatively narrow and meant to carry traffic over short distances and at low speeds. LOT: A tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. LOT LINE ADJUSTMENT: The relocation of the property boundary lines, with the consent of the owners of record as required by this title, between adjoining lots or parcels that are described by either a metes and bounds description or a recorded plat. MIDBLOCK WALKWAY: A pedestrian walkway that provides access through a block. NONCOMPLIANCE: The result of an action that does not comply with a requirement of this title. NOTICE OF APPLICATION: A public notice sent to property owners or tenants within a specified distance of a property that is subject of a land use application that is intended to provide information about a proposed application authorized by this title. NOTICE OF SUBDIVISION APPROVAL FOR 10 LOTS OR LESS: A document that is recorded with the Salt Lake County Recorder’s Office that indicates the approval of a subdivision of 10 lots or fewer as authorized by this title. 55 PARCEL: Any unit of real property that is not a lot. PEDESTRIAN INFRASTRUCTURE: Public facilities intended to support the movement of people in a safe, inclusive, and protected space separated from automobiles. This may include, but is not limited to, paved ramps, sidewalks, paths, bridges, trails, street crossings, and the accessory structures necessary to support the facilities. PHASE ONE ENVIRONMENTAL SITE ASSESSMENT: A report that identifies potential or existing environmental contamination that impacts or may impact land. PLANNING COMMISSION: The Salt Lake City Planning Commission. PLANNING DIRECTOR: The director of the Salt Lake City Planning Division or designee. PREAPPLICATION MEETING: A meeting between a subdivider and various city representatives where initial subdivision applications, process, and regulations are discussed. PRELIMINARY PLAT MAP: A plat showing the design of a proposed subdivision and the existing conditions in and around the subdivision. It need not be based upon a detailed final survey of the property, except as provided in Chapter 20.16 of this title. PRELIMINARY GEOTECHNICAL REPORT: A report that describes the general topography and geology of land which includes subsurface conditions and that is intended to provide information about the structural needs of future development based on the soil characteristics. PRELIMINARY SUBDIVISION: The first phase of the subdivision approval process that precedes final subdivision. PROPERTY REPORT: A report that analyzes all structures, building systems, and infrastructure on a property that is proposed to be converted to a condominium. The report includes information about the status, age, anticipated future maintenance needs, and other issues associated with the property and is intended to be disclosed to future purchasers of units within a condominium. PUBLIC IMPROVEMENT: Street work, utilities, public landscaping improvements, public infrastructure improvements, and other facilities proposed or required to serve a subdivision and be installed within the public way. PUBLIC INFRASTRUCTURE IMPROVEMENT: An infrastructure improvement as defined in Utah Code Section 10-9a-103 required by this title that is intended to be dedicated or granted for public use. PUBLIC LANDSCAPING IMPROVEMENT: Landscaping described in Utah Code Section 10-9a-604.5 or its successor. 56 PRIVATE STREET: A street that is not dedicated for public use by a legally binding document. RECORDABLE INSTRUMENT: The documents that are used to document the approval of any application required by this title and recorded with the Salt Lake County Recorder’s office. RECORDED PLAT: A subdivision plat that has been recorded with the Salt Lake County Recorder’s office. RESIDENTIAL LAND USE: A principal use of the land for primarily residential purposes. RESIDENTIAL ROADWAY: As defined in Utah Code Section 10-9a-103. RETAINING WALL: A structure that is used to hold earth in place. REVIEW CYCLE: A subdivision review process defined in Utah Code Section 10-9a.604.2 SECURITY DEVICE: Any of the following, in a form acceptable to the city attorney, that secures the performance of the subdivider’s obligations under the subdivision improvement construction agreement: 1. A separate payment bond and a separate performance bond provided by a corporate surety company; 2. A cash bond or escrow agreement; or 3. A letter of credit. SIGNIFICANT STEEP SLOPE: An area of 30% or greater slope, as determined using 10’ averaging, which is intended to be protected from development or other disturbance. SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation. SITE PREPARATION: Grading and underground utility installation in preparation for an approved, pending development. SLOPE: The slant of the earth within a lot or parcel or other defined area of land. SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered professional engineer or land surveyor based upon a contour map of the specified scale and contour interval, upon which the measured and calculated percent of slope (measured between every contour interval on the map) is classified or grouped into percentage of slope data in 10% slope groupings as follows: 57 Slope Classification Percent Of Slope Mapped Color Level 0 - 9.9% Uncolored Slight 10 - 19.9% Yellow Moderate 20 - 29.9% Orange Severe 30% and greater Red SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil mechanics and foundation engineering, familiar with the application of principles of soil mechanics in the investigation and analysis of the engineering properties of earth materials. SOLAR ORIENTED LOT: A. A lot with a front line oriented to within 30° of a true east-west line. When the lot line abutting a street is curved, the “front lot line” shall mean, for the purposes of this definition, the straight-line connecting ends of the curve. For a flag lot, the “front lot line” shall mean the lot line that is most parallel to the closest street, excluding the pole portion of the flag lot; or B. A lot that, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within 30° of true north along such line; or C. A corner lot with a south lot line oriented to within 30° of a true east-west line, where the south lot line adjoins a public street or open space and the abutting street right of way or open space has a minimum north-south dimension of at least 50’. For purposes of this definition, “open space” shall include, without limitation, parks, cemeteries, golf courses and similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved for use of residents of the development, and other similar open space. SPECIAL NATURAL TOPOGRAPHIC FEATURE: A naturally occurring feature which is determined to be unique among similar features of its kind (i.e., rock formation, water feature) or has historical associations (e.g., Ensign Peak). STANDARD SPECIFICATIONS: All the specific requirements and standard detailed drawings adopted, utilized, and administered by the responsible city departments. STREET: A public or private vehicular way, between property or boundary lines and including parking, sidewalks, and gutters, that may also serve for all or part of its width as a way for pedestrian traffic, whether called street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise designated. STREET DEDICATION PLAT: A plat that is used to dedicate streets for public use but does not create any additional lots. A street dedication plat cannot be used when the land to be dedicated is part of an existing subdivision. 58 SUBDIVIDER: Any person, firm, corporation, partnership, or association who causes land to be divided into a subdivision. SUBDIVISION: Any land that is divided, resubdivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development. For purposes of this chapter, “subdivision” includes: A. The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat, or other recorded instruments, for all residential and nonresidential uses; and B. Any condominium project which involves dedication of real property to the ownership and use of the public. SUBDIVISION AMENDMENT INVOLVING STREETS: An application that includes a proposed change to any subdivision for which a subdivision plat has been previously approved and recorded and which proposes to vacate all or a portion of any of the dedicated public streets, rights of way, or easements of the original subdivision plat. SUBDIVISION AMENDMENT NOT INVOLVING STREETS: An application that includes a proposed change to any subdivision, for which a subdivision or plat has been previously approved and recorded and which does not propose to vacate all or a portion of any of the dedicated public streets, rights of way, or easements of the original subdivision plat. SUBDIVISION DESIGN: The overall layout of the proposed subdivision, including, but not limited to, the arrangement of streets and intersections, the layout and size of lots, the widths and locations of easements and rights of way for utilities, drainage structures, sewers and the nature and location of public or semipublic facilities, programs for the preservation of natural features, and the installation of public improvements. SUBDIVISION IMPROVEMENT CONSTRUCTION AGREEMENT: An agreement between the city and subdivider regarding constructing subdivision improvements required by this title. SUBDIVISION IMPROVEMENT PLANS: As defined in Utah Code Section 10-9a-604.2. SUBDIVISION ORDINANCE REVIEW: As defined in Utah Code Section 10-9a-604.2. SUBDIVISION PLAN REVIEW: As defined in Utah Code Section 10-9a.604.2 SUBSTANTIVE REVIEW: The review of a subdivision application and all submittal requirements to determine if the documents comply with the requirements of this title. TEN FOOT AVERAGING: Calculating the percent of slope between 10’ elevation intervals on an accurate slope classification map. The first interval can start at any elevation line, and 59 subsequent intervals shall be set at 10-foot increments. For example, if the first interval starts at 4721, the next interval line must be 4731, followed by 4741 and so forth. This technique is used to determine areas of significant steep slope. TRAFFIC IMPACT STUDY: A study performed by a transportation engineer that analyzes the impact future development has on public streets to determine how the impacts can be mitigated or if the development is appropriate. TRAILHEAD: The point of public access to a public trail. UNDEVELOPABLE AREA: The portion of a lot that is unusable for or not adaptable to the normal uses made of the property, which may include areas covered by water, areas that are excessively steep, included in certain types of easements, or otherwise not suitable for development, including areas designated on a plat as undevelopable. WATERCOURSE: A path where water flows in a natural, altered, or artificial manner. WATER SOURCE: A source for drinking water. WETLAND, FUNCTIONAL: Areas inundated, permanently or intermittently, with water that contain wetland plant species. Functional wetlands do not include jurisdictional wetlands. WETLAND, JURISDICTIONAL: Areas that are inundated by water and declared as wetlands by the United States Army Corp of Engineers. WILDLIFE HABITAT: Land in a natural state with minimum human disturbances that is used by wildlife. WOODED AREAS: Areas of land that are naturally and primarily covered by trees and are a minimum of ¼ acre in size. SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first publication. 60 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 202_. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 202_. Published: ______________. Ordinance repeal and replace Title 20 subdivisions (final) 10-12-23 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney October 12, 2023 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer Policy Analyst DATE:December 5, 2023 RE: Zoning Map Amendment at 2157 South Lincoln Street PLNPCM2023-00239 PUBLIC HEARING UPDATE Three people spoke at the November 7, 2023 public hearing in support of the proposed zoning map amendment. They all expressed a desire for 10-foot-wide sidewalks adjacent to the potential development. One commenter also suggested a condition that the developer enter into a development agreement with the City to ensure the site’s Victorian home is preserved. The Council closed the hearing and deferred action to a future meeting. The following information was provided for previous Council meetings. It is included again for background purposes. BRIEFING UPDATE During the October 3, 2023 briefing Council Members expressed general support for the proposal. A desire to maintain park strips and trees along the Lincoln Street and Elm Avenue frontages was expressed rather than extending the sidewalks to the curb. Planning staff stated if a condition to increase sidewalk width is not included in the ordinance or a development agreement, sidewalk widths required under City Code would apply. The petitioner provided aerial renderings showing various sidewalk widths. They are included as Attachment A to this report. Item Schedule: Briefing: October 3, 2023 Set Date: October 17, 2023 Public Hearing: November 7, 2023 Potential Action: November 14, 2023 Page | 2 Appreciation was expressed for the amount of parking spaces provided in the proposal, as there are on- street parking challenges in the area. Parking for electric vehicles and bicycles was also discussed. The petitioner stated they are planning to provide at least the required spaces for both. Council Members discussed preservation of the Victorian home on the site and whether listing the property as a landmark site would be preferable to a development agreement. Planning staff stated that a certificate of appropriateness would be required for external modifications if the property was listed as a landmark site. It was also noted that a development agreement would run with the land and future owners of the property would be subject to development agreement conditions. The petitioner said he will work with the property owners on conditions for a development agreement for the Council to review. Planning staff followed up with the petitioner about this and will share the proposed conditions when they are received. The following information was provided for the September 5, 2023 Council briefing and public hearing. It is included again for background purposes. The Council will be briefed about a proposal to amend the zoning map for the approximately 0.7-acre parcel at 2157 South Lincoln Street in City Council District Seven from its current RB (Residential/Business District) zoning designation to C-SHBD2 (Sugar House Business District). In addition to the subject parcel, the petitioner owns parcels at 2131 South Lincoln Street and 2134, 2140, 2156, and 2160 South 1000 East which are currently zoned CSHBD2. Under the petitioner’s proposal, a 60- foot tall (maximum CSHBD2 building height) 238-unit market rate apartment complex would be constructed on the six parcels. The proposed unit mix would be 79 studios (33%), 90 1-bedroom (38%), and 69 (29%) 2-bedroom units with 240 onsite parking spaces. A Victorian home currently used as an office building is on the subject property and the petitioner proposes to retain it for use as amenity space for residents of the proposed apartment complex. It should be noted that the home is not in a local historic district and has no protection from demolition. In its recommendation to the City Council the Planning Commission included a condition that the petitioner enter into a development agreement with the City to ensure that the home is preserved. As shown in the map below, area zoning is primarily CSHBD2, with some RMF-35 (Moderate-Density Multi-family Residential) on the subject block and blocks to the east and west. Blocks to the south are a mix of FB-SE (Form-Based Special Purpose Edge) on properties fronting 2100 South, CSHBD2 for properties fronting McClelland Street, and R-1/5,000 (single-family residential) between. The S-Line streetcar and bike and pedestrian greenway is approximately ½ block to the south of the subject parcel and shown in green. Page | 3 Area zoning map with the subject parcel outlined in blue and the project area outlined in red. The Planning Commission reviewed the proposed zoning map amendment during its July 26, 2023 meeting and held a public hearing at which three people, including a representative from the Sugar House Community Council spoke. The commenters were supportive of the proposed zoning map amendment, but expressed concerns about parking, landscaping, and sidewalk width. Commissioners discussed sidewalk width and whether to recommend a condition requiring minimum 10- foot-wide sidewalks as called for in the Sugar House Circulation and Streetscape Amenities Plan. It is worth noting some Commissioners felt the additional width was beneficial for the area, while others expressed concerns with loss of park strips and trees. The Commission voted 5-2 to forward a positive recommendation to the City Council. As part of its recommendation, the Commission included the above-mentioned condition to preserve the Victorian home, and a second condition to extend the width of sidewalks abutting the subject parcels to include the park strip area. Paul said sidewalk width should be specified if the Council wants to include that. Page | 4 Goal of the briefing: Review the proposed zoning map amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. The Council may wish to ask the applicant if they would be amenable to including affordable units in the proposed development. If yes, is the Council interested in asking the applicant if they would be willing to enter into a development agreement pertaining to affordable housing units? 2. The Council may wish to ask the Administration how the recently transmitted Affordable Housing Incentives proposal may impact this petition or development potential on the property if the petitioner will consider affordable units. 3. If supportive of the zoning map amendment, the Council may wish to discuss whether to require a development agreement that preserves the Victorian home. ADDITIONAL INFORMATION The Council is only being asked to consider rezoning the property. A formal site plan has been submitted to the City, but it is not within the scope of the Council’s authority to review the plans. (It is worth noting that the Planning Commission voted unanimously to approve the petitioner’s design review application at the same meeting it voted to forward a positive recommendation to the Council on the zoning map amendment.) Because zoning of a property can outlast the life of a building, any rezoning application should be considered on the merits of changing the zoning of that property, not simply based on a potential project. KEY CONSIDERATIONS Planning staff identified four key considerations related to the proposal which are found on pages 6-8 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1 – Is the C-SHBD appropriate in the proposed location? Planning staff noted the Sugar House Master Plan future land use map designates the subject property as “Business District Mixed-Use Neighborhood Scale.” This is consistent with the future land use map’s designation for all other parcels on the block. It is Planning’s opinion that the requested change from RB to CSHBD2 zoning designation is reasonable and appropriate for the location. Consideration 2 – Adjacent Land Uses and Zoning As shown in the map above, area zoning is predominantly CSHBD2 on the subject block and blocks to the east and west. FB-SE, R-1/5,000, and CSHBD2 are to the south. Nearby land uses are a mix of commercial and residential. Smith’s grocery store is immediately to the west across Lincoln Street, low- and moderate- density residential, and a tire shop are to the north. A small office building, duplexes and high-density housing is to the northeast. Single-family residential is across Elm Avenue to the south. Consideration 3 – City Adopted Master Plans Planning found that the proposal is consistent with the CSHBD zoning district purpose statement which says: “The purpose of the CSHBD Sugar House Business District is to promote a walkable community with a transit oriented, mixed-use town center that can support a 24-hour population. The CSHBD provides residential, commercial and office use opportunities, with incentives for high density residential land uses in a manner compatible with the existing form and function of the Sugar House Master Plan and the Sugar House Business District.” Page | 5 Planning staff further found that the proposal meets various principles and initiatives found in the Sugar House Master Plan (2005), Plan Salt Lake (2015), and the SLC Urban Design Element (1990). Consideration 4 – Preservation of the Victorian Mansion The petitioner proposes preserving the Victorian home on the subject property. As mentioned above, the home is not in a historic district and has no protection from demolition. Planning staff noted the home would provide an anchor for the project, and act as a buffer between the proposed development and single- family residential to the south across Elm Avenue. Planning staff and the Planning Commission recommended including a development agreement to preserve the home if the Council is supportive of the proposed zoning map amendment. The petitioner provided the following concept rendering illustrating how the Victorian home could be incorporated into the proposed development. Image courtesy of petitioner ZONING COMPARISON The following table compares building height and setback requirements for the current RB and proposed CSHBD2 zoning districts. RB (Current)CSHBD2 (Proposed) Maximum Building Height 30 feet 60 feet for residential use. 30 feet for nonresidential use. Front Setback 20% of lot depth, but need not exceed 25 feet. No minimum yard required. Maximum setback is 15 feet. Side Setback Corner side yard: 10 feet.Corner side yard: no minimum yard required. Maximum setback is 15 feet. Page | 6 Interior side yard: 6 feet; provided, that on interior lots one yard must be at least ten feet. Interior side yard: None required. Rear Setback 25% of lot depth, but the yard need not exceed 30 feet. None required. Analysis of Factors Attachment D (pages 67-68) of the Planning Commission staff report outlines zoning map amendment standards that should be considered as the Council reviews this proposal. The standards and findings are summarized below. Please see the Planning Commission staff report for additional information. Factor Finding Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents. Complies Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. Complies The extent to which a proposed map amendment will affect adjacent properties Complies Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. Not applicable The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. Complies City Department Review During City review of the petitions, no responding departments or divisions expressed concerns with the proposal, but stated additional review and permits would be required if the property is developed. PROJECT CHRONOLOGY • April 14, 2023-Petition for zoning map amendment received by Planning Division. • May 15, 2023-Petition assigned to Lex Traughber, Senior Planner. o Notice mailed to the Sugar House Community Council and Sugar House Chamber of Commerce. • June 7, 2023-Petitioner presented their proposal to the Sugar House Community Council, with Planning staff in attendance. Page | 7 • June 26, 2023-Early notification mailed to property owners and tenants located within 300 feet of the subject property boundaries. • July 12, 2023-Property posted with signs for the July 26, 2023 Planning Commission hearing. • July 13, 2023-Public hearing notice mailed to all property owners and residents within 300 feet of the subject property. Planning Commission agenda emailed to Planning listserv. Project posted to City Planning and State websites. • July 26, 2023-Planning Commission public hearing. The Planning Commission voted to forward a positive recommendation to the City Council for the proposed zoning map amendment. • July 31, 2023-Draft ordinance sent to the City Attorney’s Office for review. • August 3, 2023-Planning received signed ordinance from the Attorney’s Office. • September 8, 2023-Transmittal received in City Council Office. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL Date Received: 09/08/2023 Rachel Otto, Chief of Staff Date sent to Council: 09/08/2023 TO: Salt Lake City Council DATE: September 6, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods _ SUBJECT: Petition PLNPCM2023-00239 2157 S. Lincoln Street Zoning Map Amendment STAFF CONTACT: Lex Traughber, Senior Planner (801) 535-6184 or lex.traughber@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council amend the zoning map as recommended by the Planning Commission. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Mark Isaac, representing the property owner, proposes to amend the zoning map to change the zoning for the 0.7 acre parcel located at approximately 2157 S. Lincoln Street from RB (Residential Business District) to C-SHBD2 (Sugar House Business District) in its entirety. The parcel is currently occupied by a Victorian mansion used as an office building, and the applicant intends to retain the mansion as part of the proposal. This zoning map amendment change will facilitate construction of a new multi-family residential development on a portion of the parcel. The zoning map amendment is consistent with the future land use designation for the property as outlined in the Sugar House Master Plan. 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 rachel otto (Sep 8, 2023 09:11 MDT) The Planning Commission reviewed the request at a public hearing on July 26, 2023. The commission determined the request met the standards for a zoning map amendment. The commission voted to forward a positive recommendation to City Council to amend the zoning map from RB to C-SHBD2, with the following two conditions: 1. Petitioner shall enter into a development agreement to guarantee the preservation of the existing Victorian mansion currently located on the 2157 S. Lincoln Street parcel; and 2. Petitioner shall increase the width of the sidewalk to extend it to the curb abutting the parcels that are the subject of Petitioner’s design review application (Petition No. PLNPCM2023- 00092). To clarify these conditions, Planning Staff recommended the first condition because the mansion is not in a local historic district nor is it an individually listed site, and therefore demolition is not regulated and it could potentially be torn down. Retention of the mansion has always been something that was presented to the community by the developer as an amenity of the overall project and the development agreement would ensure retention. The second condition was added by the Planning Commission based on public comment at the public hearing. Section 21A.26.060(N) of the zoning ordinance addressed sidewalk width and calls for 10’ sidewalks in the C-SHBD zones. This section of code goes on to say that modifications to this requirement may be approved by the planning director if in compliance with the adopted "Sugar House Circulation and Streetscape Amenities Plan" or its successor. The Sugar House Master Plan (Business District Design Guideline Handbook – page 20) refers to 8’ sidewalks in high traffic areas and 6’ sidewalks in low traffic areas. In addition, the Sugar House Business District Circulation and Amenities plan looks at sidewalk widths along 2100 South, Highland Drive/1100 East & McClelland/1100 East. The associated McClelland map shows the corridor that is close to this project site and calls for 5-8’ sidewalks. The applicant proposed a mix of sidewalk widths of 5-7’ depending on location. Given the residential nature of this and surrounding development, Planning Staff, after consulting with the Planning Director, supported the applicant’s proposal of 5-7’ wide sidewalks as being appropriate when considered with the tree lined parkway between the curb and the sidewalk. The Planning Commission disagreed with this assertion and stipulated a condition that the sidewalk extend to the back of the curb to effectively increase the sidewalk width. PUBLIC PROCESS: ● Early Notification – Notification of the proposal was sent to all property owners and tenants located within 300 feet of the subject parcels on June 26, 2023. In addition, the Sugar House Community Council and the Sugar House Chamber of Commerce were also provided notification on May 15, 2023. ● Sugar House Community Council – The applicant presented and discussed the proposal to rezone the property at the Sugar House Community Council meeting on June 7, 2023. Planning Staff was in attendance. ● Planning Commission Meeting – On July 26, 2023, the Planning Commission held a public hearing regarding the proposed zoning map amendment. The Planning Commission voted to forward a positive recommendation regarding the proposal on to the City Council for decision. PLANNING AND HISTORIC LANDMARK COMMISSION RECORDS: a) PC Agenda of July 26, 2023 (Click Here) b) PC Minutes of July 26, 2023 (Click Here) c) PC Staff Report of July 26, 2023 (Click Here) d) PC Hearing of July 26, 2023 (Click Here) EXHIBITS: 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORIGINAL PETITION 4. MAILING LIST 5. ADDITIONAL PUBLIC COMMENT (RECEIVED AFTER STAFF REPORT PUBLICATION) SALT LAKE CITY ORDINANCE No. of 2023 (Amending the zoning of the property located at 2157 S. Lincoln Street from RB Residential/Business District to CSHBD2 Sugar House Business District) An ordinance amending the zoning map pertaining to the property located at 2157 S. Lincoln Street from RB Residential/Business District to CSHBD2 Sugar House Business District pursuant to Petition No. PLNPCM2023-00239. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on July 26, 2023 on a petition submitted by Mark Isaac, representing the property owner, 1000 E SUGARHOUSE APARTMENTS, LLC (“Petitioner”), to rezone the property located at 2157 S. Lincoln Street (Parcel number 16-20-136-006) (the “Property”) from RB Residential/Business District to CSHBD2 Sugar House Business District pursuant to Petition No. PLNPCM2023-00239; and WHEREAS, at its July 26, 2023 meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said application with the conditions provided in Section 2 below; and WHEREAS, after a public hearing on this matter the city council has determined 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 Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Property identified on Exhibit “A” attached hereto shall be and hereby is rezoned from RB Residential/Business District to CSHBD2 Sugar House Business District. SECTION 2. Conditions. The proposed zoning map amendment is conditioned upon the Petitioner entering into a development agreement with Salt Lake City that requires the Property’s owner and its successors to use and develop the Property as follows: 1. Petitioner shall enter into a development agreement to guarantee the preservation of the existing Victorian mansion currently located on the 2157 S. Lincoln Street parcel; and 2. Petitioner shall increase the width of the sidewalk to extend it to the curb abutting the parcels that are the subject of Petitioner’s design review application (Petition No. PLNPCM2023- 00092); and SECTION 3. Effective Date. This Ordinance shall become effective on the date of its first publication. The Salt Lake City Recorder is instructed to not publish this ordinance until the conditions set forth in Section 2 are satisfied as certified by the Salt Lake City Planning Director or his designee. SECTION 4. Time. If the conditions set forth in Section 2 have not been met within one year after adoption, this ordinance shall become null and void. The City Council may, for good cause shown, extend the time period for satisfying the above conditions by resolution. Passed by the City Council of Salt Lake City, Utah, this day of , 2023. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on . Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 2023. Published: . Ordinance Rezoning 2157 S Lincoln Street with DA APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: August 3, 2023 By: Paul C. Nielson, Senior City Attorney EXHIBIT “A” Legal Description for the Property to be Rezoned: Address: 2157 S. Lincoln Street Tax ID No. 16-20-136-006 GENEVA PLACE 1115LOTS 1 TO 8 INCL BLK 3 GENEVA PLACE 5476- 1134 5476-1137 5851-0751,0753 5882-2969 5993-0733 6090-0374 7412- 2833 8414-8416 8526-2230 08526-2239 Contains 30,492 sq feet or 0.7 acres more or less. TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORIGINAL PETITION 4. MAILING LIST 5. ADDITIONAL PUBLIC COMMENT (RECEIVED AFTER STAFF REPORT PUBLICATION) 1. PROJECT CHRONOLOGY PROJECT CHRONOLOGY 2157 S. Lincoln Street Zoning Map Amendment Petition PLNPCM2023-00239 April 14, 2023 Petitions received by the City. May 15, 2023 Petition assigned to Lex Traughber. May 15, 2023 The Sugar House Community Council & the Sugar House Chamber of Commerce were emailed notification of the proposal. June 7, 2023 The applicant formally presented the proposal to the Sugar House Community Council at their regularly scheduled monthly meeting. Planning Staff was in attendance. June 26, 2023 Early notification mailed to property owners and tenants located within 300 feet of the subject property boundaries. July 12, 2023 Property posted with signs for the July 26, 2023 Planning Commission hearing. July 13, 2023 Notice of the Planning Commission’s July 26, 2023 Public Hearing mailed to all property owners and residents within 300 feet of the subject property. Listserve notification of Planning Commission agenda emailed. Agenda posted on the Planning Division and State websites. July 26, 2023 Planning Commission Public Hearing. The Planning Commission voted to forward a positive recommendation regarding the request on to the City Council for a decision. July 31, 2023 Sent a draft ordinance to the City Attorney’s Office for review reflecting the Planning Commission’s recommendation regarding the zoning map amendment. Requested review of the draft ordinance. August 3, 2023 Received ordinance from the City Attorney’s Office. August 25, 2023 Transmittal submitted to CAN. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2023-00239 – 2157 S. Lincoln Street Zoning Map Amendment – Mark Isaac, representing the property owner, proposes to amendment the zoning map to change the zoning for the 0.7 acre parcel noted above from RB (Residential Business District) to C-SHBD2 (Sugar House Business District) in its entirety. The parcel is currently occupied by a Victorian mansion used as an office building. This zoning map amendment change will facilitate the redevelopment of this parcel into a multi-family residential project. The subject property is located in Council District 7 represented by Sarah Young. As part of their study, the City Council is holding two advertised public hearings to receive comments regarding the petition. During these hearings, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance on the same night of the second public hearing. The hearing will be held electronically: DATE: Date #1 and Date #2 TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at https://www.slc.gov/council/ to learn how you can share your comments during the meeting. 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 Lex Traughber at (801) 535-6184 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at lex.traughber@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 360 W 300 S, Suite 102 Salt Lake City, UT 84101 385-273-3888 dwelldesignstudio.com Rezoning Amendment Our Statement: We are requesting a zoning amendment of the parcel located on the corner of Lincoln and Elm, currently zoned RB to CSHBD2. Granting this request will allow us to achieve and promote a more walkable and integrated community, with higher density compatible with the envisioned master plan for the Sugar House Business District that currently neighbors this parcel on multiple sides. Our Purpose: “A dance of old and new”, a guiding principle of our design is to establish the harmony between old and new. The Victorian mansion that currently resides on this parcel is a part of Sugarhouse’s rich history, and our approach is to respect what is old and what is new. The intent is for the Victorian to be an enjoyable amenity space for the tenants of the multifamily development planned for the parcels neighboring the mansion. By granting this amendment it will allow us too also better incorporate the new build into the Victorian with the reduction of setback requirements associated to the CSHBD2. The Mansion is currently used by a small investment firm, and the architectural beauty of the building is underappreciated due to the privacy of its use. By including the mansion in the residential development zone, it will enable the use of an underutilized architectural gem. Reasons Why: 1. Not granting this amendment will leave this parcel isolated to the rest of the zoning in the area, which in turn works against promoting the walkable, more transit-oriented district that Sugar House Master plan is working hard to achieve. 2. The design intent is to integrate the Victorian mansion into the new build. By not granting this amendment, the separation requirements between the two zones would be detrimental to the project by not enabling a more direct connection between the 2 structures. 3. Additionally, by including the Victorian Mansion in the development, a piece of Sugarhouse’s historical architectural fabric will be permanently protected. Request amending the Zoning Map: The request will amend the existing Zoning Map. The parcel to be amended is 16-20-136-006-000 (see attached zoning map for reference). 360 W 300 S, Suite 102 Salt Lake City, UT 84101 385-273-3888 dwelldesignstudio.com 4. MAILING LIST OWN_FULL_NAME OWN_ADDR OWN_CITY OWN_STA OWN_ZIP NUPETCO ASSOCIATES, LLCET AL 2001 S WINDSOR ST SALT LAKE CITY UT 84105 SUTTONS WESTERN WHOLESALEFLOORING, INC 823 S MAIN ST SALT LAKE CITY UT 84111 SUGARHOUSE DISTRIBUTING INC 7997 S HUNTERS MEADOW CIR COTTONWOOD HTS UT 84093 LANDMARK 973 E 2100 S LLC PO BOX 980580 PARK CITY UT 84098 NEILSON, DANIEL L &STACEY M; JT 2092 S 1000 E SALT LAKE CITY UT 84105 SMITH'S FOOD KING PROPERTIESINC 1014 VINE ST 7TH FLOOR CINCINNATI OH 45202 INGRAM BARTON HOLDINGS, LLC 733 N MAIN ST SPANISH FORK UT 84660 FLEEGE, JAMES 922 E ELM AVE SALT LAKE CITY UT 84106 WAAGEN, ANGELA M &KIM C; JT 924 E ELM AVE SALT LAKE CITY UT 84106 TREMBLAY SIMES FAM TRET AL 8769 S WILLOW GREEN DR SANDY UT 84093 SAPPINGTON, DANIELLESAPPINGTON, JONAS 968 E ELM AVE SALT LAKE CITY UT 84106 SMITH, ABRAHAM &COLTON, KIMBERLY; JT 2186 S LINCOLN ST SALT LAKE CITY UT 84106 HART, ROBERT J 2190 S LINCOLN ST SALT LAKE CITY UT 84106 SUGARMONT PLACE DEVELOPMENTLLC 733 N MAIN ST SPANISH FORK UT 84660 SORENSON, BLAIR W &MARGENE; TRS PO BOX 526136 SALT LAKE CITY UT 84152 1000 E SUGARHOUSE APARTMENTS,LLC 2157 S LINCOLN ST SALT LAKE CITY UT 84106 1000 E SUGARHOUSE APARTMENTS,LLC 2156 S 1000 E SALT LAKE CITY UT 84106 1000 E SUGARHOUSE APARTMENTS,LLC 2160 S 1000 E SALT LAKE CITY UT 84106 AGHDAS SIMIN TOOMEY LIV TRTOOMEY, AGHDAS S; TR 635 N DEARBORN ST CHICAGO IL 60654 974 EAST 2100 SOUTH, LLC 1075 E 2100 S SALT LAKE CITY UT 84106 RYANS ON ELM, LLC 948 E ELM AVE SALT LAKE CITY UT 84106 STEVENSON, AARON N &CAITLIN B; JT 956 E ELM AVE SALT LAKE CITY UT 84106 BRADY, CONNOR; JTHANKS, CANDACE; JT 960 E ELM AVE SALT LAKE CITY UT 84106 JOHNSON, KRISTI M &GIBSON, MARSHA; JT 2187 S LINCOLN ST SALT LAKE CITY UT 84106 CARLISLE, JOHN W &DREES, BETH E; JT 2195 S LINCOLN ST SALT LAKE CITY UT 84106 LASKOWSKI, STEPHEN E; JTCATE, SHELBY; JT 2197 S LINCOLN ST SALT LAKE CITY UT 84106 ROSA M CASTRO TRCASTRO, ROSA M; TR 2192 S 1000 E SALT LAKE CITY UT 84106 WHEELER, DAVID S; JTWHEELER, MICHELLE M; JT 2196 S 1000 E SALT LAKE CITY UT 84106 Property Owner 968 E ELM AVE SALT LAKE CITY UT 84106 Property Owner 974 E ELM AVE SALT LAKE CITY UT 84106 Property Owner 11724 S SUN TEA WY SOUTH JORDAN UT 84009 Property Owner 1525 E REDONDO AVE SALT LAKE CITY UT 84105 HARVARD PLUMB LLC 1468 E HARVARD AVE SALT LAKE CITY UT 84105 MCCLELLAND STREET ASSOCIATESLC 1165 E WILMINGTON AVE SALT LAKE CITY UT 84106 U S BANK NATIONAL ASSOCIATION;TR ET AL 428 W RIVERSIDE AVE SPOKANE WA 99201 MILES, GARETT &HALEY; JT 42843 CHAMPNEY CT BROADLANDS VA 20148 ZHAO, ZHONGLIANG &TANG, WEI; JT 8156 S MAIO DR SANDY UT 84093 RUELAS, AURELIO 1015 E ELM AVE SALT LAKE CITY UT 84106 ROCKWOOD INVESTMENTASSOCIATES, LC 5882 S HOLLADAY BLVD HOLLADAY UT 84121 MCCLELLAND STREETASSOCIATES LC 1165 E WILMINGTON AVE SALT LAKE CITY UT 84106 SREIT SUGAR FLATS SLC, LLC 2340 COLLINS AVE MIAMI FL 33139 DILLON, JAMIL 1002 E ELM AVE SALT LAKE CITY UT 84106 HERTZEL, JONDAVID F 1010 E ELM AVE SALT LAKE CITY UT 84106 REIMHERR, PATRICK M 1014 E ELM AVE SALT LAKE CITY UT 84106 HAO NGOC EVANS TREVANS, HAO N; TR 887 E THIRD AVE SALT LAKE CITY UT 84103 GOOD, FOREST R 2187 S 1000 E SALT LAKE CITY UT 84106 MURDOCK, VALERIE 2193 S 1000 E SALT LAKE CITY UT 84106 MARK E PITTMAN REV TRPITTMAN, MARK E; TR 2195 S 1000 E SALT LAKE CITY UT 84106 DIXON PLACE LLC 2170 S MCCLELLAND ST #100 SALT LAKE CITY UT 84106 Current Occupant 935 E 2100 S Salt Lake City UT 84106 Current Occupant 955 E 2100 S Salt Lake City UT 84106 Current Occupant 959 E 2100 S Salt Lake City UT 84106 Current Occupant 967 E 2100 S Salt Lake City UT 84106 Current Occupant 973 E 2100 S Salt Lake City UT 84106 Current Occupant 975 E 2100 S Salt Lake City UT 84106 Current Occupant 922 E 2100 S Salt Lake City UT 84106 Current Occupant 910 E ELM AVE Salt Lake City UT 84106 Current Occupant 916 E ELM AVE Salt Lake City UT 84106 Current Occupant 932 E ELM AVE Salt Lake City UT 84106 Current Occupant 940 E ELM AVE Salt Lake City UT 84106 Current Occupant 2185 S 900 E Salt Lake City UT 84106 Current Occupant 960 E 2100 S Salt Lake City UT 84106 Current Occupant 2131 S LINCOLN ST Salt Lake City UT 84106 Current Occupant 2134 S 1000 E Salt Lake City UT 84106 Current Occupant 2140 S 1000 E Salt Lake City UT 84106 Current Occupant 944 E 2100 S Salt Lake City UT 84106 Current Occupant 974 E 2100 S Salt Lake City UT 84106 Current Occupant 1001 E 2100 S Salt Lake City UT 84106 Current Occupant 1020 E 2100 S Salt Lake City UT 84106 Current Occupant 2124 S MCCLELLAND ST Salt Lake City UT 84106 Current Occupant 1003 E ELM AVE Salt Lake City UT 84106 Current Occupant 1007 E ELM AVE Salt Lake City UT 84106 Current Occupant 2141 S 1000 E Salt Lake City UT 84106 Current Occupant 1010 E 2100 S Salt Lake City UT 84106 Current Occupant 2150 S MCCLELLAND ST Salt Lake City UT 84106 Current Occupant 1024 E ELM AVE Salt Lake City UT 84106 Current Occupant 2170 S MCCLELLAND ST Salt Lake City UT 84106 Lex Traughber 451 S. State Street, Room 406, PO BOX 145480 SALT LAKE CITY UT 84114-548 5. ADDITIONAL PUBLIC COMMENT (RECEIVED AFTER STAFF REPORT PUBLICATION) From: John Stefanic To: Planning Public Comments Subject: (EXTERNAL) 10th and Elm Date: Wednesday, July 26, 2023 11:02:59 AM Caution: This is an external email. Please be cautious when clicking links or opening attachments. This is a public comment for the 10th and Elm project. I live on the end of Lincoln St, approximately one block south of the 10th and Elm project. The intersection at Lincoln and Elm is dangerous because of the reduced sight lines and street parking that surrounds all sides of the blocks. This is a popular place for patrons of Smith’s to park and it is temporary home to a lot of RVs and campervans. I have witnessed two accidents here and my wife’s car was hit by a speeding car down Elm that could not see her pulling out of Lincoln. The plans for the 10th and Elm project have the buildings extending as far up to the sidewalks as possible, and the sightlines for cars are already terrible in this neighborhood. By extending the sidewalk width, sightlines for vehicles will be improved and pedestrians will have more space to walk (it’s pretty challenging to pass someone with a dog or a stroller as it is now). Developers get whatever they want in this neighborhood— please start setting some precedents that promote the safety and character of our neighborhood. This is another project with no street activation that is going to gobble up another full city block. Please consider something beyond an investment bank’s bottom line. We’re sick of ground floor parking garages and boring facades winning out over the needs of the residents of Sugar House. John Stefanic Caution: This is an external email. Please be cautious when clicking links or opening attachments. From: Judi Short To: Traughber, Lex Subject: (EXTERNAL) Fwd: 10th and Elm Date: Thursday, August 3, 2023 2:13:22 PM Here is another comment on Tenth and Elm Judi Short, First-Vice Chair and Land Use Chair Sugar House Community Council 801,864.7387 ---------- Forwarded message --------- From: Dayna McKee <dmckee3313@gmail.com> Date: Thu, Aug 3, 2023 at 1:47 PM Subject: 10th and Elm To: Judi Short <judi.short@gmail.com> Hi Judi, Trying to play catch up again here. I agree with you that the updated zoning ordinance for 10' sidewalks should be adhered to. Additionally, I agree that the landscaping plan is critical to continue to mitigate the effects of climate change and air pollution in our community, particularly with such a high influx on people coming into the neighborhood through all of the high density development that has been and will continue to occur. I would also argue that all future development projects should be making provisions for solar power, water wise landscaping and building materials, etc. We should be building for the future and these developments need to be incorporating best practices for environmentally sustainable housing. Lastly, my initial comments included questions about affordable housing options for this project. I would like to know more about how they intend to address housing disparities in our community with this project. Thank you for your time on this matter. Dayna McKee RE: Comments & Concerns Regarding 10th & Elm Proposed Project Dear Salt Lake City Planning Commission and City Council, We strongly oppose this proposed project and ask that the City Council reject the move to rezone the existing zoning of RB for 2157 S. Lincoln Street. At minimum, we ask that the City Council grants more time for the public to gather their opinions and submit to the Council before making a final decision as our seat (District 7) has been empty and recently filled so this will allow for adequate time for all opinions to be heard. Please consider the following: -There are already 4 additional major apartments being finished within a ½ mile of this location -Sugar Alley – Lowe Development -900 E./Sugarmont Project -Alta Terra (Former 24 Hour Fitness) -Former Art Studio Building @ 700 East/Simpson Ave. -With the 4 already being built and then the Former Snelgrove Ice Cream property beginning to start construction soon, in addition to other proposed projects in the area at the old Midas Muffler site and the Wells Fargo Bank site, there is already enough apartments being built to support growth in the area. -This area is already highly trafficked and increasing the amount of apartments in Sugarhouse will only continue to steer it away from its small quaint charm that it’s always offered and is one of the best neighborhoods in Salt Lake City for this aspect. -This area does not have the infrastructure for these additional cars with the proposed changes happening to 21st South resulting in a more pedestrian focused infrastructure and less lanes for cars. -This area is becoming more walker focused and adding around 240+ cars with this proposed apartment will only cause the traffic in the 21st South corridor to become even more challenging. -Additionally, how will the street parking be able to support these additional cars? No matter how many spaces are offered on site, there will always be residents and guests who will park on the street and Elm & surrounding streets (McClelland & 1000 East) are already completely full with street parking as it is. -There is no diversity of offerings for single families - only apartments are being put into Sugarhouse. -There needs to be offerings such as townhomes and single-family homes to help first time home buyers be able to buy equity. -The community aspect is very important to us personally, as we are a young family looking to connect with people in our community and continued apartment building prevents community equity and long-term residents. -We understand the developer plans on keeping the Victorian house on site as part of the project, but the end result will be a beautiful, historic home being overshadowed by an ill-fitting, massive apartment complex which is unfortunately more of the same for this area. Regards, Connor & Candace Brady 960 East Elm Avenue Homeowners Item C3 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet Policy Analyst DATE:December 5, 2023 RE:Zoning Amendments: Affordable Housing Incentives PLNPCM2019-00658 MOTION 1 I move the Council adopt the ordinance establishing a chapter for zoning incentives and adding affordable housing incentives in City code. I further move the Council to initiate a legislative action requesting the Administration work with the Attorney’s Office to draft an ordinance that: •Clarifies City code to ensure that construction work does not damage adjacent properties. •Establishes penalties to deter damage from occurring. •Defines a process for the City to effectively enforce City code in situations where damage occurs. •Outlines a process to remediate situations when damage occurs. I further move the Council request that the Administration transmit a report to the Council outlining the implementation plan to administer and enforce the Affordable Housing Incentives program by April 30, 2024. See motions 2 and 3 on next page. MOTION 2 I move the Council reject the ordinance. MOTION 3 I move the Council defer action to a future council meeting. COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: December 5, 2023 RE:Zoning Amendments: Affordable Housing Incentives PLNPCM2019-00658 PROJECT TIMELINE: Briefing 1: Sept 19, 2023 Briefing 2: Oct 3, 2023 Briefing 3: Oct 10, 2023 Briefing 4: Nov 7, 2023 Briefing 5: Nov 14, 2023 Set Date: Oct 3, 2023 Public Hearing: Oct 17, 2023 Potential Action: Dec 5, 2023 Visit the Council’s Website for more information on various topics relating to affordable housing, including this proposal tinyurl.com/SLCHousingProposals NEW INFORMATION – November 14 Work Session Summary During the November 14 briefing the Council approved the following straw polls. These along with the straw polls from November 7 have been incorporated into the final ordinance for consideration on December 5, 2023. 1. The council supports adopting the Affordable Housing Incentives ordinance with an effective date of April 30, 2024. This will give the administration time to accomplish the following: a. Forward a transmittal pertaining to Title 18 that would make recommendations for code changes to safeguard that construction work may not damage adjacent properties, establish a process to help remedy situations when damage has occurred, and include penalties that will discourage damage from being done. b. Transmit a report to the Council outlining the implementation plan to administer and enforce the Affordable Housing Incentives program. The ordinance will go into effect whether or not the two items have been transmitted to the Council by the effective date of April 20. 2024 Page | 2 2. Removing the following section from the draft ordinance: 21A.52.050.H.3.E - Unit Limits: For overall development sites with more than 125 units, no more than 50% of units shall be designated as affordable units. Planning staff made this recommendation because they felt capping the amount of affordable units is unnecessary because projects are using income averaging more and this would prevent some projects from being eligible for the incentives. Legislative Action The following legislative action is included as one of the options for consideration on the motion sheet. 1. I move the Council to initiate a legislative action requesting the Administration work with the Attorney’s Office to draft an ordinance that would; clarify City code to ensure that construction work may not damage adjacent properties, include penalties that would discourage damage from being done, establish a process for the City to successfully enforce city code in situations when damage occurs and establish a process to remedy situations when damage occurs. I further move the Council request that the Administration transmit a report to the Council outlining the implementation plan to administer and enforce the Affordable Housing Incentives program by April 30, 2024. Outline of Ordinance Changes supported by the Council: 1. Changes to incentives to encourage more homeownership in both Single family and mid to high density areas of the city 2. Building height for additional stories is defined as “not exceeding 12 ft.” 3. Outline specific information required for an application to improve the ability of the Administration to track the application through the process. 4. Removed a section of the draft ordinance that would have prohibited projects with 125 or more units from participating in the affordable housing incentive program. The following information was provided for the November 14 briefing. It is provided again for background purposes. NOVEMBER 7 INFORMATION During the November 7 work session briefing, the Council approved the following straw polls. These changes will be incorporated into the final draft of the ordinance. 1. Amendments to Incentivize Homeownership a. Type A Incentives (single family zoning) •50% of units shall be affordable to those with incomes at or below 100% AMI •If an existing structure is preserved, 25% of units shall be affordable to those with incomes at or below 100% AMI Page | 3 b. Type B and C Incentives (mid/high density) •10% of units shall be affordable to those with incomes at or below 80% AMI •5% of units shall be affordable to those with incomes at or below 60% AMI 2. Additional Building Height a. Building height for additional stories is defined as “not exceeding 12 ft.” b. Tables will be updated to reflect the updated maximum height for additional stories. 3. Application Tracking a. Specific information required for an application is outlined to improve the ability of the Administration to track the application through the process. b. Include a point that provides room to request any other information necessary to demonstrate compliance. Another straw poll failed that would have removed three and four-unit structures from the permitted type of housing allowed in the single-family zones. Council Members decided to put this item on the November 14 agenda for further discussion. The focus of that discussion will be on enforcement, staffing and potential legislative actions. For quick access to the enforcement and reporting & auditing sections of the ordinance, staff has attached the legislative version of the ordinance to memo. See Attachment A. •The enforcement section of the code is found in 21A.52.050.E, page 17. •The reporting and auditing section is found in 21A.52.050.D, pages 15-17. The following information was provided for the November 7 briefing. It is provided again for background purposes. NOVEMBER 7 INFORMATION During the October 10 work session, the Council had the opportunity to raise questions about the Affordable Housing Incentives plan. Planning staff has provided responses to the questions raised at that time. Please see Attachment A to review the questions and responses. Changes to the Ordinances During the previous briefings, Council Members supported making specific changes to the ordinance pertaining to incentives for homeownership and additional building height. Additionally, a change was made that would help the Administration better track applications. If the Council supports the following changes they will be added to the final draft. •Home Ownership ▪Affordable homeownership units shall meet a minimum of at least one of the affordability criteria identified. Any fractional number of units required shall be rounded up to the nearest whole number. •10% of units are restricted as affordable to those with an income at or below 80% AMI; or Page | 4 •5% of units are restricted as affordable to those with an income at or below 60% AMI •Additional Building Height o Building height for additional stories is defined as “not exceeding 12 ft.” o Tables were updated to reflect the updated maximum height for additional stories. •Application Tracking (page 14) o Specific information required for an application is outlined to improve the ability of the Administration to track the application through the process. Potential Follow up Questions 1. Does the Council support the changes to the draft ordinance pertaining to homeownership, additional building height and application tracking? 2. Does the Council wish to initiate a request for the administration to complete a study to justify a fee for the AHI program? a. Does the Council have concerns that a fee would potentially discourage the construction of affordable housing units? 3. Does the Council want to consider a delayed implementation for the AHI ordinance? a. Planning staff indicates this could be helpful in order to give the Administration time to get the permitting system set up with new requirements. This could also be helpful to get the tracking system up and running or to phase in the ordinance if that is desired. 4. Does the Council wish to include any of the requirements from the Landlord Tenant Program as part of the AHI program? 5. Does the Council with to discuss owner occupied requirements with the Administration? a. Admin staff responded they feel owner occupied requirements would reduce interest from property owners to participate in the AHI program. 6. Does the Council wish to discuss with the Administration the Legislative Action to study of single- family zones and its potential impact on the AHI ordinance? 7. Does the Council wish to ask the Administration to add annual reporting requirements to the ordinance (number of units built, number affordable, homeownership, etc.)? Legislative Action During some of the briefings Council Member Wharton expressed concerns about perceived ambiguousness of city code when it comes to enforcing and limiting the impact on construction on adjacent properties. Council Members expressed general support for initiating a legislative action that would request the Administration provide recommendations to the City Council to clarify the city code. Staff will have a motion ready for consideration at time of potential adoption of the AHI ordinance. The following information was provided for the October 17 briefing. It is provided again for background purposes. Page | 5 October 17 Work Session Information The Council held a follow-up discussion about the Affordable Housing Incentive proposal on October 10. During the discussion, Council Members raised questions about the proposal. Questions included topics such as long-term enforcement and administration of the program, community concerns about neighborhood character, and ways this proposal intends to address the affordable housing crisis. The Mayor’s Administration will work on responding to these questions in the next several weeks. Council staff will add this list of questions to the public packets as soon as it is finalized. A follow-up briefing will be held to discuss the responses and to determine if any changes will be made to the plan. The public hearing is scheduled for October 17. The following information was provided for the October 10 briefing. It is provided again for background purposes. The Council held a follow up briefing on both the Affordable Housing Incentives proposal and the Thriving in Place draft plan during the October 3 work session briefing. The Council decided to hold another work session to give more time to publicly identify any questions and follow-up items. The goal of the briefing will be for Council Members to share requests, and then allow time for Planning to respond and incorporate potential changes before returning for a follow-up briefing in the coming weeks. Council staff and the Administration will track the list, including items raised during the October 3rd briefing, and get written responses to each question/concern for a future briefing. The following information was provided for the October 3 briefing. It is provided again for background purposes. NEW INFORMATION During the September 19 work session, the Council held a briefing on the Affordable Housing Incentives zoning amendment petition. Based on that discussion, several questions were raised, and Council staff is working with the Administration to get responses to those questions. A follow up briefing will be held on October 3 in conjunction with a briefing on the Thriving In Place (TIP) plan. The TIP plan identifies the Affordable Housing Incentives as a priority for implementation and notes funding for new staff will be needed. As part of the discussion on Affordable Housing Incentives, the Council may wish to consider discussing some of the policy questions outlined below. 1. Drafting Administrative Policies and Procedures •During the work session briefing Planning staff mentioned it would take some time to get guidelines and procedures in place to administer the program. Council staff asked for Page | 6 clarification because there was some confusion if that meant design guidelines for the appearance of structures needed to be created. Planning staff clarified they need to create the administrative procedures that outline the process administrative staff will follow to move an application through the process. 2. Design Guidelines •Some questions were raised about how buildings constructed according to the Affordable Housing Incentives would be compatible with neighborhoods and existing development. The draft ordinance notes that base zoning standards apply unless they are specifically modified by this section. However, if there are conflicts with design standards, the more restrictive regulation applies and takes precedence. According to the draft ordinance, the “development regulations are intended to provide supplemental regulations and modify standards of the base zoning district for the purpose of making the Affordable Housing Incentives more feasible and compatible with existing development.” (21A.52.H – Development regulations) There are design standards that apply to rowhouses, sideways rowhouses, cottages as well as for the new housing types in single- and two-family zoning districts. 21A.52.H, 1-3 – Development regulations. 3. Staffing Adjustments •Administrative staff said they will be able to initially absorb the anticipated workload that creating and administering this program will require. However, they anticipate they will likely come to the Council in future budgets to request additional staff once the program is up and running. 4. Potential Program Participation Fee •At this time Administration has not proposed to include a fee for the program that will help cover the costs of administering it. However, they noted it is likely a fee can be justified. o Does the Council wish to put in a place holder in the ordinance that anticipates the Administration will return to the Council with a request to put a fee in the City Code? 5. Good Landlord Requirements •Council staff is working with Attorney’s and Planning staff to find out if requirements outlined in the good landlord program can be included as a requirement as part of participation in the Affordable Housing Incentives program. 6. Impact Fee Waiver •Council staff is working with the Attorney’s Office to find out if impact fees can be waived for affordable units that are constructed are part of this program. 7. Licensing Requirements for Apartments with Three or Fewer Units •Staff is working with Attorney’s and Planning staff to confirm if apartment complexes with three or fewer units are required to have a business license and be part of the good landlord program Page | 7 8. Enforcing fines and compliance with code •Questions have been raised about how the City enforces fines that are levied to bring properties into compliance with City Code. Some questions have been raised about the effectiveness of fines and when the City decides to settle with property owners at levels much lower than their accrued amount. •Council staff is working with the Attorney’s Office to get a response to this question. At the time this staff report was drafted, a response was not yet ready. Staff will update the Council once a response is ready. 9. Administering and Enforcement Administering and enforcement of the program was discussed. Planning staff outlined the key provisions related to the enforcement plan: 21A.52.D, E and F •Reporting and Auditing o Property owners must submit an annual report to the Director of CAN by April 30 of each year, demonstrating compliance with the ordinance o That report includes: 1. Property location, tax ID and legal description 2. Property owner name, mailing and email addresses, 3. Information on the dwelling units and tenants receiving incentives includes: a. total number of dwelling units b. number of bedrooms for each unit c. rental rate of each unit d. identify dwelling units that comply with level of affordability identified in the approval process and statement that units are in compliance e. identify change in occupancy to the units, include number of people residing in each unit and change in tenant (Personal data is not required) f. confirm verification for all tenants was performed on annual basis g. identify differences in rent between agreed upon rental rate and actual rent received h. identify instances where an affordable unit was no longer rented at the agreed upon level of affordability, length of time it was not in compliance and remedy taken to address noncompliance o The CAN director has 30 days to provide written notice to property owners whether they are in compliance or not. o In situations of noncompliance, a property owner has 30 days to come into compliance. If they are unable to do so, they will start paying the fine. •Enforcement o Violations of the restrictive covenant will be investigated and prosecuted 1. A lien may be placed on the property 2. A business license may be revoked •Eligibility o Property owner must enter into a legally binding restrictive covenant which must be filed with the Salt Lake County Recorder o Notice of sale shall be provided to the City and the City shall have right of first refusal to any sale of the property. o Affordable units shall be both income and rent/housing payment restricted Page | 8 o Affordable units must be comparable to market rate units within the development 10. Delayed Adoption for Portions of the Affordable Housing Incentives Amendment Some have asked about the possibility of dividing the Affordable Housing Incentives into separate pieces for adoption. The first piece would be to adopt the RMF/mixed use/institutional zoning initiatives. Then the second would be to adopt changes to the single-family zoning districts. 11. Institutional Zone Amendments There were some questions about what incentives apply to the Institutional zoning district. According to the draft ordinance, housing would be allowed on institutional zoned land. These would include row houses, sideways row houses, cottage developments Additionally, the Institutional zoning district will follow the affordability requirements as outlined in table 21 A.52.050.G (see page 7 below) Affordable rental or homeownership units shall meet a minimum of at least one of the affordability criteria identified. Any fractional number of units required shall be rounded up to the nearest whole number. 1. 20% of units are restricted as affordable to those with an income at or below 80% AMI; 2. 10% of units are restricted as affordable to those with an income at or below 60% AMI; 3. 10% of units are restricted as affordable to those with an average income at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI; 4. 5% of units are restricted as affordable to those with an income at or below 30% AMI; 5. 10% of units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have two or more bedrooms; 6. 5% of units are restricted as affordable to those with an income at or below 60% AMI when the affordable units have two or more bedrooms; or 5% of the units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have three or more bedrooms. The following information was provided for the September 19 briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will receive a briefing about an ordinance that would amend various sections of the City zoning ordinance by establishing Affordable Housing Incentives (AHI). The proposed amendments would allow the following if requirements for affordable units are met in order to streamline and encourage more units to be built in the City at an affordable rate. See more details on each of these changes starting at the end of page 2, and chart on page 3 to see the level/quantity of affordability required for each: • Permit administrative design review and additional building height between 1-3 stories, depending on the zone, in various zoning districts that permit multifamily housing. • Remove the Planned Development requirement for specific modifications and for development in the CS (Community Shopping) zoning districts. Page | 9 • Permit an additional story in the TSA Transition zoning districts and two stories in the TSA Core zoning districts. • Allow additional housing types in the CG (General Commercial), CC (Community Commercial), and CB (Community Business) zoning districts. • Allow housing on Institutional zoned land. • Remove the density requirements in the RMF (Residential Multi Family) zoning districts. • On properties currently zoned for single- or two-family homes: o Allow townhomes and housing structures that contain up to 4-unit buildings, o a second detached dwelling when an existing dwelling is maintained; o cottage developments; o Allow twin and two-family homes in these zoning districts where they are not currently allowed. The proposal was initially envisioned as an overlay. However, since the incentives are different for various zoning districts, the proposal was changed to a specific section of the zoning ordinance, 21A.52 Zoning Incentives. The Affordable Housing Incentives is proposed to be the first section of this new chapter of the zoning ordinance. The Planning Commission held public hearings and forwarded a positive recommendation to the City Council. Additionally, the Planning Commission added a condition that if adopted by the City Council, the incentives plan should be analyzed 24 months after approval, to include a report of the cost and benefits of the changes. Staff note on public notice/engagement: Because of the City-wide breadth and potential impact of this topic, along with the context of the City-wide anti-gentrification study, the Council authorized the mailing of a postcard City-wide, to all residents and property owners, with direction to go to the Council’s main website on the affordable housing topic, that includes information on these issues and others, at tinyurl.com/SLCHousingProposals POLICY QUESTIONS •Reporting and Enforcement Related Questions o Reporting Requirements – annual reporting and auditing will be a key component of the plan to ensure property owners and builders who use the incentives keep the units at affordable levels. ▪Will the proposed fine structure be enough to ensure compliance by property owners? ▪The Council could consider requiring a biannual report on the affordability compliance of the program. o Option for the City to contract with another entity to administer the program ▪Would the third party be responsible for enforcement? ▪What type of entity might be interested in administering the program? o Will properties that are part of the program be required to get a business license and participate in the Good Landlord Program? o Is there a plan in place to link up the affordable housing with income-restricted individuals, or would the City service as a central resource to connect individuals with housing? •Staffing/Guidelines Questions o The Planning Commission staff report noted additional staff will be needed to administer the program. The Council may wish to ask the Administration when and how they will propose funding this additional staffing, how many FTEs would be needed, and the anticipated timeline to onboard and train those FTEs? Page | 10 o Because this ordinance would go into effect prior to the next budget amendment, is existing staff sufficient to accept any applications that may come in prior to the next budget and ensure compliance with design and affordability objectives? o Is there a possibility this ordinance will go into effect before design guidelines are developed/approved? Would funding be needed to develop those design guidelines? Will the development of the design guidelines be an administrative process, or will they be approved by the Planning Commission? o Does the Administration plan to promote this program to the general public to notify them of the program and potential benefits? o How long might it take for the City to get the necessary affordability and design review structures in place? •Thriving in Place Plan Objectives and Community feedback o The Council may wish to discuss with the Administration whether there are alternative ways to achieve the goals of this proposal (see page 5). o Given the significant community feedback received to date, the Council may wish to discuss concerns that have been noted by some neighborhoods about the potential for these incentives to result in the demolition of existing housing stock, including existing naturally occurring affordable housing. o The purpose statement of the affordable housing incentives notes design is key to the success of the proposal: Housing constructed using the incentives is intended to be compatible in form with the neighborhood and provide for safe and comfortable places to live and play. Does the Council wish to ask the administration to discuss how design guidelines will be able to help implement this vision? o Based on concerns expressed by some residents, the Council may wish to discuss the benefit of additional housing units with the potential for additional traffic in areas where transit is not readily available. o Based on recent discussion about the lack of family-sized housing with much of the new construction in the city, the Council may wish to discuss if this incentive program has ways to provide more family- sized affordable housing. SUMMARY OF INCENTIVES Pages 3-6 of the Planning Commission staff report outline key changes of the proposed amendment. The list below, from Attachment B Summary of Incentives, is a high-level summary of the key changes, based on the type of zoning district. •Multi-family and Mixed-Use Zoning Districts o Permit additional height, between 1-3 stories (approximately 10’ per story), depending on the zone in various zoning districts that currently permit multifamily housing. •Residential Multifamily Zoning Districts o Remove the density requirements in the RMF zoning districts, o No additional height permitted. o Only 25% of the units could be 500 square feet or smaller. o Add development and design standards for rowhouses, sideways rowhouses, cottages, and other building forms. •Single- and Two-family Zoning Districts Page | 11 o Allow additional building types in single- and two-family zoning districts, provided 1-2 of the units would be affordable. o Allow townhouses in groups of up to four, 3–4-unit buildings, and cottage developments on parcels that are currently zoned for single- or two-family homes. o Twin and two-family homes would be permitted in the zoning districts where they are not currently allowed. o Add development and design standards for these dwellings. •Other Incentives o Waive the Planned Development process for some proposals o Allow single-family and single-family attached housing on Institutional zoned land. Future zoning amendments may be considered to allow multifamily housing. o Allow additional housing types in the CG (General Commercial), CC (Community Commercial), and CB (Community Business) zoning districts to encourage the redevelopment of underutilized commercial land. These districts currently permit multifamily housing, but not single-family dwellings, including single-family attached units, or cottages. •Affordability requirements - Planning staff worked with developers to come up with a model that would provide sufficient return on development to incentivize the development of affordable units in various projects. Table 21A.52.050.G of the ordinance outlines the recommendation based on that analysis. Attachment G of the Planning Commission staff report includes a summary of the proforma and scenario analyses. See the table on the next page. Table 21A.52.050.G Incentive Type Types Incentives Type A. Applicable to the single- and two-family zoning districts: FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3. Dwelling units shall meet the requirements for an affordable rental or homeownership unit affordable to those with incomes at or below 80% AMI. New construction: At least 50% of the provided dwelling units shall be affordable. Existing building maintained: A minimum of one of the dwelling units shall be affordable provided the existing building is maintained as required in 21A.52.050.H.1.c. Type B. Applicable to residential multifamily zoning districts: RMF- 30, RMF-35, RMF-45, and RMF-75 An affordable rental unit shall meet a minimum of at least one of the following affordability criteria: 1. 40% of units shall be affordable to those with incomes at or below 60% AMI; 2. 20% of units shall be affordable to those with incomes at or below 50% AMI; or 3. 40% of units shall be affordable to those with incomes averaging no more than 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. For sale owner occupied units: An affordable homeownership unit shall provide a minimum of 50% of units affordable to those with incomes at or below Page | 12 80% AMI Type C. Applicable to zoning districts not otherwise specified. Affordable rental or homeownership units shall meet a minimum of at least one of the affordability criteria identified. Any fractional number of units required shall be rounded up to the nearest whole number. 7. 20% of units are restricted as affordable to those with an income at or below 80% AMI; 8. 10% of units are restricted as affordable to those with an income at or below 60% AMI; 9. 10% of units are restricted as affordable to those with an average income at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI; 10. 5% of units are restricted as affordable to those with an income at or below 30% AMI; 11. 10% of units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have two or more bedrooms; 12. 5% of units are restricted as affordable to those with an income at or below 60% AMI when the affordable units have two or more bedrooms; or 13. 5% of the units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have three or more bedrooms. COMMUNITY OUTREACH Pages 2-3 of the transmittal summarize outreach efforts Planning conducted to get feedback from the community on the proposed change. Outreach efforts included: online surveys, developer discussion, recognized community organization outreach, and open houses, both in person and online. The Historic Landmark Commission and Planning Commission both reviewed the proposed changes. The Planning Commission held public hearings in May 2022 and March 2023. Additionally, in the fall and winter of 2022/2023 the Mayor convened a focus group that included 15-20 members of the community, including neighborhood leaders, developers, policy advisors, and housing advocates. The group reviewed and discussed topics with the most community concerns over four meetings in the fall and winter of 2022. Based on the focus group’s recommendations, changes were made to the final draft. Their recommended changes to the proposal are detailed in the Planning staff’s report and highlighted on pages 7-9 of Attachment A – Updated Affordable Housing Incentives March 2023 to this memo. As noted above, the Council also authorized a City-wide postcard to notify residents and property owners about this proposal as well as the City-wide anti-gentrification plan. Page | 13 KEY ELEMENTS OF THE PROPOSAL The Affordable Housing Incentives amendments are intended to encourage the development, construction, and preservation of housing in the city through a variety of methods, including allowing for additional height, reducing parking requirements, allowing additional housing types, and providing planning process waivers or modifications. Purpose The purpose statement of the Affordable Housing Incentives section reads as follows: To encourage the development of affordable housing. The provisions within this section facilitate the construction of affordable housing by allowing more inclusive development than would otherwise be permitted in the base zoning districts. Housing constructed using the incentives is intended to be compatible in form with the neighborhood and provide for safe and comfortable places to live and play. There are two primary goals of the Affordable Housing Incentives: 1. Help public and private dollars that go into building affordable housing create more housing units. 2. Create additional opportunities for property owners to provide new, affordable housing units. (April 26, 2023, Planning Commission Staff Report, Page 2) Affordable Housing Definition The draft ordinance provides the following definition for affordable housing: Shall be both income and, as applicable, rent restricted. The affordable units shall be made available only to individuals and households that are qualifying occupants at or below the applicable percentage of the area median income for the Salt Lake City Utah, U.S. Department of Housing and Urban Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as periodically determined by HUD and adjusted for household size) and published by the Utah Housing Corporation, or its successor. Affordable housing units must accommodate (30% of gross income for housing costs, including utilities) at least one of the following categories: a.Extremely Low-Income Affordable Units: Housing units accommodating up to 30% AMI; b.Very Low-Income Affordable Units: Housing units accommodating up to greater than 30% and up to 50% AMI; or c.Low-Income Affordable Units: Housing units accommodating greater than 50% and up to 80% AMI Preservation of Existing Housing The Affordable Housing Incentives adds provisions to encourage preservation of existing housing. This includes allowing a second, detached dwelling on a property when the existing dwelling is maintained. Key Concepts Discussed with the Planning Commission Pages 2-3 of the transmittal letter outline the key considerations of the draft amendments discussed with the Planning Commission. A short summary is provided below. See pages 7-14 for full analysis. 1.Implementation of city goals and policies identified in adopted plans a. Planning staff found the proposed amendments are consistent with principles and polices of Plan Salt Lake and Growing SLC 2.Affordability level and percentage of units a. See chart on page 3 above. Page | 14 3.Neighborhood Impacts The focus group discussed several mitigation options based on comments from the Planning Commission and the public and came to a consensus on the following recommendations: •The removal of the proximity to transit and adjacency to arterial roads requirement for additional housing types in the single- and two-family zoning districts. •Emphasis on the preservation of existing housing •Additional design standards for new housing types in single- and two-family zoning districts 4.Administration and Enforcement a. Administrative staff anticipates additional staff will be needed to administer the program based on the number of projects that use the affordable housing incentive program. b. Language is included in the draft ordinance that would enable the City to contract with a third party for administration on the incentives. c. Language on reporting, compliance, and enforcement are included in the ordinance. The properties using the AHI would be required to submit an annual report, and a restrictive covenant would be placed on the property. 5.Infrastructure impacts a. If a water, sewer, or storm drain line does not have adequate capacity for new housing units, a developer is required to increase the capacity. This is handled during the building permit process. b. Planning staff also worked with Public Utilities to determine the impact this proposal may have on water supply and demand in the city. Public Utilities provided scenarios for different types of potential development that would result from the proposed changes. i. Average usage for single-family residential dwellings is between 12,000-15,000 gallons per month. 1. Much of this is for outdoor watering and in the winter water usage is approximately 6,500-7,000 gallons per month. ii. A sampling of high-rise and wood frame construction with a total of about 725 units averaged water usage of approximately 2,000 gallons per month, per unit. iii. Two fourplexes and a cottage court (10 units) averaged approximately 3,000 gallons per month, per unit. SALT LAKE CITY ORDINANCE No. _____ of 202__ (An ordinance amending various sections of the Title 21A of the Salt Lake City Code establishing a chapter for zoning incentives and adding affordable housing incentives) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing incentives. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing incentives; and WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; and WHEREAS, the City Council requests a report on costs and benefits of implementation of the affordable housing incentives 24 months following adoption; and WHEREAS, after a public hearing on this matter the City Council has determined 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 Section 21A.20.040. That Section 21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is amended to read as follows: 1 A. If the violations are not corrected by the citation deadline, civil fines shall accrue at twenty five dollars ($25.00) a day per violation for those properties legally used for purposes that are solely residential uses, and one hundred dollars ($100.00) a day per violation for those properties used for purposes that are not residential uses. B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule per day per violation. If the violation(s) include renting an affordable rental unit in excess of the approved rental rate then an additional monthly fine shall accrue that is the difference between the market rate of the unit and the approved rental rate that is agreed to by the applicant at the time of approval for a project using the incentives. SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000 Single-family Residential District) shall be and hereby is amended to read as follows: A.Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is to provide for single-family residential dwellings and affordable housing incentives developments with up to four units on lots twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas of the city as identified in the applicable community master plan. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000 Single-family Residential District) shall be and hereby is amended to read as follows: A.Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to provide for single-family residential dwellings and affordable housing incentives developments with up to four units on lots not less than seven thousand (7,000) square feet in size. This district is appropriate in areas of the city as identified in the applicable community master plan. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000 Single-family Residential District) shall be and hereby is amended to read as follows: 2 A.Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to provide for single-family residential dwellings and affordable housing incentives developments with up to four units on lots not less than five thousand (5,000) square feet in size. This district is appropriate in areas of the city as identified in the applicable community master plan. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and Two-family Residential District) shall be and hereby is amended to read as follows: A.Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District is to preserve the character of existing neighborhoods which exhibit a mix of predominantly single- and two-family dwellings. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play and to promote sustainable and compatible development patterns. SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU Residential/Mixed Use District) shall be and hereby is amended to read as follows: F.Maximum Building Height: The maximum building height shall not exceed seventy five feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1 and F2 of this section. 1. 2. Maximum height for nonresidential buildings: Forty five feet (45'). Maximum floor area coverage of nonresidential uses in mixed use buildings of residential and nonresidential uses: Three (3) floors. SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and all notes thereto shall remain and are not amended herein): 2.Building Height: The minimum and maximum building heights are found in table 21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The minimum 3 building height applies to all structures that are adjacent to a public or private street. The building shall meet the minimum building height for at least fifty percent (50%) of the width of the street facing building wall. SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table 21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form Based Special Purpose Corridor District) shall be and hereby is amended to read as follows: TABLE 21A.27.040.Cꢀ FB-SC BUILDING FORM STANDARDSꢀ Permitted Building Forms Multi-Family And Storefront ꢀ H ꢀ Maximum building height ꢀMaximum building height in the FB-SC is 60 ft. Limitation on commercial uses Commercial or nonresidential uses are limited to the first 3 stories and a height of 45 ft. This limitation does not apply to hotel/motel uses, which are limited to the maximum height of 75 ft. F Front and corner Greenway Minimum of 5 ft. Maximum of 15 ft. side yard setback Neighborhood Minimum of 15 ft. Maximum of 25 ft. Avenue Boulevard Minimum of 5 ft. Maximum of 10 ft. Minimum of 15 ft. Maximum of 25 ft. B Required built-to Minimum of 50% of any street facing facade shall be built to the minimum setback line. At least 10% of any street facing facade shall be built to the maximum setback line. S Interior side yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. R Rear yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. L Minimum lot size 4,000 sq. ft.; not to be used to calculate density. 4 W Minimum lot width 50 ft. DU Dwelling units per building form No minimum or maximum. Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of lot area provided all building forms have frontage on a street. SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Residential Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 5 Use Permitted And Conditional Uses By District FR-1/ FR-2/ FR-3/ 43,560 21,780 12,000 12,000 7,000 5,000 R-1/R-1/R-1/ SR- SR- SR- R- RMF- RMF- RMF- RMF- RB R-R-R-RO P 1 2 3 2 30 35 45 75 MU- MU- MU 35 P 45 PAffordable Housing Incentives Development P P P P P P P P P P P P P P P 6 SECTION 10. 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 only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 7 Use Permitted and Conditional Uses by District CN P CB P CS1 P CC P CSHBD1 CG P SNB PAffordable Housing P Incentives Development 8 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Transit Station Area Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 9 Use Permitted And Conditional Uses By District TSA-UN TSA-MUEC Core Transition Core Transition TSA-UC Transition TSA-SP Core TransitionCore Affordable Housing Incentives Development P P P P P P P P 10 SECTION 12. 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 only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: Use Permitted And Conditional Uses By District D-1 P D-2 P D-3 P D-4 PAffordable Housing Incentives Development SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for the Gateway District, which use category shall read and appear in that table as follows: Use G-MU Affordable Housing Incentives Development P SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Special Purpose Districts, which use category shall read and appear in that table as follows: 11 Use Permitted and Conditional Uses by District RP BP FP AG AG-2 AG-5 AG-20 OS NOS PL PL-2A I UI MH EI MU Affordable Housing P Incentives Development 12 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Form Based Districts, inserted in alphabetical order, which use category shall read and appear in that table as follows: [Note to codifier: use this table if FB-MU11 is adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Use Permitted Uses By District FB-UN2 FB-MU11 FB-SCFB-UN1 P FB-SE PAffordable Housing Incentives Development P P P [Note to codifier: use this table if FB-MU11 is not adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should be codified.] Use Permitted Uses By District FB-UN1 P FB-UN2 P FB-SC P FB-SE PAffordable Housing Incentives Development SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new Chapter 21A.52 Zoning Incentives and shall read as follows: 21A.52.010 PURPOSE: The purpose of this chapter is to establish zoning incentives to support achieving adopted goals within the city’s adopted plans and policy documents. 21A.52.020 APPLICABILITY: A.This chapter applies as indicated within each subsection. 13 B. C. The planned development process in 21A.55 is not required as indicated within this chapter. The administrative design review process in 21A.59 may be applicable as indicated within this chapter. 21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY ZONING DISTRICTS: Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district standards and requirements take precedence except as indicated in this section. 21A.52.040 APPROVAL PROCESS: Unless specifically exempted or modified by this chapter, all requirements of this title shall apply. A.Zoning Incentives: Applicants using the zoning incentives in this chapter shall submit a zoning incentives application and provide the following information: 1. 2. 3. 4. 5. The applicant's name, address, telephone number and interest in the property to which the incentives shall apply; The owner's name, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application; The street address, tax parcel number and legal description of the subject property; The zoning classification, zoning district boundaries and present use of the subject property; The location of all proposed buildings and structures, accessory and principal, showing the number of stories and height, dwelling type, if applicable, major elevations and the total square footage of the floor area by proposed use and any additional information required for site plan review set forth in Chapter 21A.58; 6. 7. The total number of dwelling units in the project, the number of affordable units, the number of bedrooms in the affordable units, the location of the affordable units, and level of affordability; and Any additional information required by Chapter 21A.59 design review or to demonstrate compliance with the requirements of this chapter, as applicable. B.Preliminary approval shall authorize the preparation, filing and processing of applications for any permits or approval that may be required by the city, including, but not limited to, a building permit. Notwithstanding the foregoing, no permits shall be issued until final approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for a period of one year unless complete building plans have been submitted to the Division of Building Services. C. D. Administrative design review, where applicable, shall be exempt from the application fees and noticing fees otherwise required pursuant to Section 21A.59. Following the approval of any administrative design review application, any future alteration to the property, building or site shall comply with the approved design review application unless a modification is approved subject to the process outlined in Chapter 21A.59. 14 E. F. Final approval shall occur following the recording of the restrictive covenant. Preliminary and final approvals shall be administrative approvals by the planning director or the planning director’s designee. 21A.52.050 AFFORDABLE HOUSING INCENTIVES: A.Purpose: The incentives set forth in this chapter are intended to encourage the development of affordable housing. The provisions within this section are intended to facilitate the construction of affordable housing by allowing more inclusive development than would otherwise be permitted in the base zoning districts. Housing constructed using the incentives is intended to be compatible in form with the neighborhood and provide for safe and comfortable places to live and play. Applicability: The provisions in this section provide optional incentives to development projects that include affordable housing units. Unless specifically stated below, all other applicable provisions in the base zoning district or overlay districts shall apply. B. C. D. Uses: Additional housing types are allowed in zones subject to compliance with this section. Reporting and Auditing: Property owners who use the incentives of this chapter are required to provide a report that demonstrates compliance with this section and any additional approvals associated with the use of incentives. The report shall be submitted annually by April 30th and shall be reflective of the financial status at the end of the previous calendar year. The report shall be submitted to the Director of Community and Neighborhoods or successor. 1. Annual Report and Auditing: Each property owner shall submit a report that demonstrates compliance with this chapter. a. If applicable, the property owner shall submit a copy of the annual report(s) provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, Housing Authority of Salt Lake City, Housing Connect, or similar funding source as determined by the Department of Community and Neighborhoods, or its successor, confirming compliance with affordable housing conditions, including tenant income and rental rates. b. If an annual report is not submitted as required in 21A.52.050.D.1.a above, the property owner shall provide a report that includes, but is not limited to the following: (1) The property location, tax ID number, and legal description. (2) Property owner name, mailing address, and email address. (3) Information on the dwelling units and tenants of the property receiving the incentives that includes: (A) The total number of dwelling units (B) The number of bedrooms of each dwelling unit (C) The rental rate of each dwelling unit (D)Identify the dwelling units that comply with the level of affordability identified in the approval to use the incentives and a statement that the dwelling units are in compliance with the approval requirements. 15 (E) Identify any change in occupancy to the units that are required to be affordable under this section, including a change in the number of people residing in each unit and any change in tenant. Personal data is not required to be submitted. (F) Confirm that income verification for all tenants was performed on an annual basis. (G)Identify any differences in rent between the agreed upon rental rate in the approval to use the incentives and the actual rent received for the identified affordable dwelling units. (H)Identify any instance where an affordable dwelling unit was no longer rented at the agreed upon level of affordability, the length of time the dwelling unit was not in compliance with the agreed upon level of affordability, and any remedy that was taken to address the noncompliance. 2. Review of Annual Report: The Director of Community and Neighborhoods shall review the report to determine if the report is complete. 3. Within 30 days of receipt of a complete report, the Director of Community and Neighborhoods shall provide the property owner with written notice that: a. Identifies whether the property is in compliance. b. Identify any deficiency in the information provided by the owner. c. Assesses any penalty that is due as a result of an identified noncompliance. 4. After receipt of the notice from the Director of Community and Neighborhoods that indicates noncompliance, the property owner shall: a. Cure the identified noncompliance within 30 days of such notice and concurrently submit an updated report of then-current operations of the property that demonstrates compliance; or (1) Property owners can request an extension in writing prior to the expiration of the 30-day cure period identified above. The request shall include an explanation of the efforts to correct the non-compliance and the reason the extension is needed. The Director of Community and Neighborhoods will review and determine if the timeframe and extension are appropriate and whether or not fines shall be stayed during any approved extension. Upon expiration of the extension granted by the Director the property owner shall submit an updated report of then-current operations of the property that demonstrates compliance. b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any noncompliance within 14 days of achieving compliance. Any fine or fee shall be assessed from the first identified date that the property is not in compliance. 5. The city may contract with another entity for review of the requirements in this section. 6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20, except as set forth below in 21A.52.050.E. 16 E.Enforcement: Violations of this Chapter, or the restrictive covenant on the property as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to 21A.20. The city shall have the additional remedies for violations as set forth below. 1. Lien on Property. If the property owner fails to make payment of the outstanding fines, then after 90 days or when fines reach $5,000, the division will issue a statement of outstanding fines. If the property owner fails to make payment within 14 days, then the division may certify the fines set forth in the statement to the Salt Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount entered shall have the force and effect of a valid judgment of the district court, is a lien on the property, and shall be collected by the treasurer of the county in which the property is located at the time of the payment of general taxes. Upon payment of the amount set forth in the statement, the judgment is satisfied, the lien is released from the property, and receipt shall be acknowledged upon the general tax receipt issued by the treasurer. 2. Revocation of Business License. Upon a determination of the division that the property is in violation of this Chapter the city may suspend or revoke the business license associated with the property. Any suspension or revocation of a license shall not be imposed until a hearing is first held before the Director of Community and Neighborhoods or his/her successor. The licensee shall be given at least 14 days’ notice of the time and place of the hearing, together with the nature of the charges against the licensee. The licensee may appear in person or through an officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to confront and cross-examine witnesses. The Director of Community and Neighborhoods shall make a decision based upon the evidence introduced at the hearing and issue a written decision. The licensee may appeal to an appeals hearing officer and thereafter to district court pursuant to 21A.16. If the license is revoked or suspended it shall thereafter be unlawful for any person to engage in or use, or permit to be used any property for any business with respect to which the license has been suspended or revoked until a license shall be granted upon appeal or due to the property’s compliance with this Chapter. No person whose license has been revoked, and no person associated or connected with such person in the conduct of such business, shall be granted a license for the same purpose for a period of six months after the revocation has occurred. The Director may, for good cause, waive the prohibition against persons formerly associated or connected with an individual who has had a license revoked. 3. Any other remedies or financial penalties identified in the terms of the restrictive covenant required by Section 21A.52.050.F.1, which shall be reasonably related to enforcement of the terms of this Chapter, achieving the goals of this Chapter, obtaining the number of units and level of affordability agreed to by the property owner, or if such units and level of affordability cannot be obtained then to eliminate the incentive(s) obtained or recoup the value thereof. F.Eligibility Standards: Developments shall meet the criteria below to be eligible for the authorized incentives: 1.Restrictive Covenant Required: 17 a.Any owner who uses the incentives of this chapter shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. Prior to the issuance of a building permit for construction of a building using the incentives, the restrictive covenant shall be recorded with the Salt Lake County Recorder. The agreement shall provide for the following, without limitation: acknowledge the use of the incentives, the nature of the approval and any conditions thereof, the affordability requirements, the terms of compliance with all applicable regulations, shall guarantee compliance for a term of 30 years, and the potential enforcement actions for any violation of the agreement. The agreement shall be recorded on the property with the Salt Lake County Recorder, guarantee that the affordability criteria will be met for at least 30 years, and future owners shall be subject thereto. b.For an affordable homeownership unit, the restrictive covenant shall also require a notice of sale be provided to the city and the city shall have a right of first refusal to purchase any designated affordable unit in accordance with a future sales price that is capped to comply with Section 21A.52.050.F.2.b.2 below. 2.The affordable units shall be both income and rent/housing payment restricted. a.Income Restriction - The affordable units shall be made available only to Eligible Households that are qualifying occupants with an annual income at or below the SLC Area Median Income (“AMI”) as applicable for the given affordable unit for Salt Lake City Utah, U.S. Department of Housing and Urban Development (“HUD”) Metro FMR Area (as periodically determined by the HUD and adjusted for household size). b.Rent/Housing Payment Restriction (1)For an affordable rental unit, the monthly rent, including all required housing costs per unit, such as utilities and other charges uniformly assessed to all apartment units other than charges for optional services, shall be set forth in a written lease and shall not exceed, for the term of the lease, the maximum monthly gross rental rate published annually by the Utah Housing Corporation for affordable units located in Salt Lake City for the percentage AMI as applicable for the given affordable unit type. (2)For an affordable homeownership unit, the annualized housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for the AMI as applicable for the given affordable 18 unit, assuming a household size equal to the number of bedrooms in the unit plus one person. 3. 4. Comparable units: Affordable units shall be comparable to market rate units, if any, in the development including with respect to entrance location, dispersion throughout the building or site, number of bedrooms, and access to amenities, except as otherwise approved in the terms of the restrictive covenant. This subpart does not apply to units in single- and two-family zoning districts. The property owner shall be ineligible for affordable housing incentives pursuant to this Chapter if the property owner or its principals, partners, or agents are under enforcement for any violation of Title 11, 18, 20, or 21. G.Incentives: Developments are eligible for the incentives identified in this section. Table 21A.52.050.G establishes the affordability requirements based on the zoning district of the property. Sections 1 through 4 establish the modifications allowed within each zoning district in order to be eligible for the affordability incentives. To use the incentives, developments shall comply with the criteria applicable to the base zoning districts. Any fractional number of units required shall be rounded up to the nearest whole number. Table 21A.52.050.G Incentive Types Types Type A. Applicable to the single- Incentive Affordable homeownership developments shall meet and two-family zoning districts: FR- at least one of the following affordability criteria: 1, FR-2, FR-3, R-1/12,000, R- 1/7,000, R-1/5,000, R-2, SR-1, SR- 1A, and SR-3. 1. 50% of the units shall be affordable to those with incomes at or below 100% AMI. 2. If an existing building is maintained as required in 21A.52.050.H.1.c, 25% of the units shall be affordable to those with incomes at or below 100% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 50% of the units shall be affordable to those with incomes at or below 80% AMI. 2. If an existing building is maintained as required in 21A.52.050.H.1.c, a minimum of one of the units shall be affordable to those with incomes at or below 80% AMI. Type B. Applicable to residential multifamily zoning districts: RMF- 30, RMF-35, RMF-45, and RMF-75 Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 10% of the units shall be affordable to those with incomes at or below 80% AMI. 19 2. 5% of the units shall be affordable to those with incomes at or below 60% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 40% of the units shall be affordable to those with incomes at or below 60% AMI. 2. 20% of the units shall be affordable to those with incomes at or below 50% AMI. 3. 40% of units shall be affordable to those with incomes averaging no more than 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. Type C. Applicable to zoning districts not otherwise specified. Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 10% of the units shall be affordable to those with incomes at or below 80% AMI. 2. 5% of the units shall be affordable to those with incomes at or below 60% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 20% of the units shall be affordable to those with incomes at or below 80% AMI. 2. 10% of the units shall be affordable to those with incomes at or below 60% AMI. 3. 10% of the units shall be affordable to those with incomes averaging at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. 4. 5% of the units shall be affordable to those with incomes at or below 30% AMI. 5. 10% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have two or more bedrooms. 6. 5% of the units shall be affordable to those with incomes at or below 60% AMI and these units must have two or more bedrooms. 7. 5% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have three or more bedrooms. 1. Single- and Two-Family Zoning Districts: The following housing types: twin home and two-family, three-family dwellings, four-family dwellings, row houses, sideways row houses, and cottage developments are authorized in the FR-1, FR-2, 20 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts provided the affordability requirements for Type A in Table 21A.52.050.G are met. 2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying provisions for density found in the minimum lot area and lot width tables for the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the RMF-30 zoning district, the minimum lot size per dwelling unit does not apply, provided the affordability requirements for Type B in Table 21A.52.050.G are met. 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General Commercial, and I Institutional Zoning Districts: a.The following housing types: row houses, sideways row houses, and cottage developments are authorized provided the affordability requirements in subsection b. are complied with; b.To be eligible for the incentives listed in this subsection a., a development shall meet the affordability requirements for Type C in Table 21A.52.050.G. 4. The following incentives are authorized in zoning districts provided the affordability requirements for Type C in Table 21A.52.050.G are complied with: a.Administrative design review provided the standards in 21A.59 are met. Early engagement notice requirements to recognized organizations are not applicable. b.Additional building height may be added as indicated in the following sections. The maximum height per story of additional building height shall not exceed 12 feet. (1)Residential districts: Zoning District Permitted Maximum Height with Incentive RMU-35 RMU-45 RB 45’ with administrative design review, regardless of abutting use or zone. 55’ with administrative design review, regardless of abutting use or zone. One additional story; density limitations listed in the land use table do not apply. RMU RO Three additional stories with administrative design review. One additional story. (2)Commercial Districts: Permitted Maximum Height with Incentive One additional story. Zoning District SNB CB One additional story. CN One additional story. CC 45’ with administrative design review; additional landscaping may be met by meeting requirements in 21A.52.050.H.3.c.5. 21 CG Two additional stories with administrative design review. Three additional stories with administrative design review for properties in the mapped area in Figure 21A.26.070.G. CSHBD1 CSHBD2 TSA- 129’ with administrative design review. 72’ with administrative design review. One additional story with administrative review. Transition TSA-Core Two additional stories with administrative review. (3)Form-based districts: [Note to codifier: use this table if FB-MU11 is adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Zoning District FB-MU11 FB-UN2 Permitted Maximum Height with Incentive Three additional stories with administrative design review. One additional story. FB-SC One additional story. FB-SE One additional story. FB-UN1 Three stories, but not to exceed 30’ in height. [Note to codifier: use this table if FB-MU11 is not adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should be codified.] Zoning District Permitted Maximum Height with Incentive FB-UN2 FB-SC One additional story. One additional story. FB-SE One additional story. FB-UN1 Three stories, but not to exceed 30’ in height. (4)Downtown districts: Zoning District D-1 Permitted Maximum Height with Incentive Administrative design review is permitted when a design review process is required. D-2 D-3 D-4 Two additional stories with administrative design review. Three additional stories with administrative design review. Three additional stories with administrative design review. 375’ and administrative design review in mapped area in 21A.30.045.E.2.b. (5)Other districts: 22 Zoning District Permitted Maximum Height with Incentive GMU MU Two additional stories with administrative design review. 60’ with administrative design review, with residential uses in all principal buildings. c.Administrative design review is permitted for the following: (6)Buildings in the CSHBD1 and CSHBD2 zoning district that exceed 20,000 square feet in size. (7)Buildings in the CB zoning district that exceed 7,500 gross square feet of floor area for a first-floor footprint or in excess of 15,000 gross square feet floor area. 5. Planned Developments: A planned development is not required when the purpose of the planned development is due to the following reasons cited below, subject to approval by other city departments. If a development proposes any modification that is not listed below, planned development approval is required. To be eligible for the incentives in this section, a development shall meet the affordability requirements for the applicable zoning district in Table 21A.52.040. a.Multiple Buildings on a Single Parcel: More than one principal building may be located on a single parcel and are allowed without having public street frontage. This allowance supersedes the restrictions of 21A.36.010.B; b. c. d. Principal buildings with frontage on a paved public alley; Principal buildings with frontage on a private street; Development located in the Community Shopping (CS) “Planned Development Review” in 21A.26.040.C. H.Development Regulations: The following development regulations are intended to provide supplemental regulations and modify standards of the base zoning district for the purpose of making the affordable housing incentives more feasible and compatible with existing development. Base zoning standards apply unless specifically modified by this section and are in addition to modifications authorized in Subsection 21A.52.050.G. If there are conflicts with design standards, the more restrictive regulation shall apply and take precedence. These standards are not allowed to be modified through the planned development process. 1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts: a.Parking: Unless there is a lesser parking requirement in 21A.44, only one off-street parking space per unit is required. One detached garage or covered parking space, no greater than 250 sq. ft. per unit, may be provided for each unit and these structure(s) may exceed the yard and building coverage requirements for accessory structures. When covered parking is provided, the 250 sq. ft. per unit of covered parking may be combined into a single structure for each required parking stall provided. 23 b. c. Yards: Minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development. Density: (1) (2) Lots approved through a planned development prior to the effective date of this Chapter are required to go through a major modification of the planned development to use the incentives. Lots may contain up to four units. Existing lots may be divided such that each unit, not including accessory dwelling units (ADUs), is on its own lot. The new lots are exempt from minimum lot area, lot width, and lot frontage requirements. This paragraph shall not apply to vertical developments. An ADU is considered one unit and counts toward the number of units permitted. (3) (4)Arrangement of dwellings: (A)New dwelling units may be arranged in any manner within a building, as a second detached dwelling, as attached units, or a cottage development with three or more detached dwellings. (B)When an existing building is maintained, new units may be added internal to the existing structure, as an addition, or as a second detached dwelling. Any addition must comply with the standards of the base zoning district; however, the addition may contain additional units. 50% of the exterior walls of the existing dwelling, including the front elevation, shall remain as exterior walls. (C)The units shall comply with this section, applicable requirements of the base zoning district, and any applicable overlay district. 2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the following provisions shall apply: a.Unit Mix: No more than 25% of the units in the development shall be less than 500 square feet to promote a mix of unit sizes. Parking: Unless there is a lesser parking requirement in 21A.44, only one off-street parking space per unit is required in multifamily developments with less than 10 units. b. c.Yards: The minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development. d.Lot width: Minimum lot width requirements do not apply. 3. In addition to applicable requirements in subsections 1 and 2 above, the following provisions apply to the specific building types listed: 24 a.Row house and Sideways row house (1) Perimeter yard requirements: (A) Front yards: The front yard and corner side yard of the base zoning district apply. (B) Side yards: A minimum of 10 feet on one side of the building and 6 feet on the other interior side yard unless a greater yard is required by the base zoning district. (C) Rear yard: The rear yard of the base zoning district applies. (2) Number of Units: To qualify for incentives in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR- 1A zoning districts there is a minimum of three and a maximum of four residential dwelling units per building. (3) Building length facing street: (A) The building length shall not exceed 60 feet or the average of the block face, whichever is less, in FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R- 2, SR-1, and SR-1A districts; (B) The building length shall not exceed 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts; and (C) The building length shall not exceed 175 feet in other zoning districts. (4) Building entry facing street: At least one operable building entrance on the ground floor is required for each unit facing the primary street facing façade. All units adjacent to a public street shall have the primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. The entry feature may encroach in the front yard setback, but the encroachment shall not be closer than 5 feet from the front property line. (5) Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the proposed material is durable and is appropriate for the structure. (6) Parking requirement and location: Unless there is a lesser parking requirement in 21A.44, only one off-street parking space per unit is required. All provided parking shall be located to the side of the street facing building façade, behind a principal structure that has frontage on a street, or within 25 the principal structure subject to any other applicable provision. (7) Garage doors facing street: Garage doors are prohibited on the façade of the building that is parallel to, or located along, a public street. (8) Personal outdoor space: Each unit shall have a minimum outdoor space of 60 square feet where the minimum measurement of any side cannot be less than 6 feet. (9) Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass. (10) Blank wall: The maximum length of any blank wall uninterrupted by windows, doors, or architectural detailing at the ground floor level along any street facing façade is 15’. (11) Screening of mechanical equipment: All mechanical equipment shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in section 21A.36.020, table 21A.36.020B, “Obstructions In Required Yards” of this title. Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House 26 b.Cottage Development (1) Perimeter yard requirements: (A) Front yards: The front yard and corner side yard of the base zoning district apply. (B) Side yards: A minimum of 10 feet on one side of the property line and 6 feet on the other interior side yard, unless a greater yard is required by the base zoning district. (C) Rear yard: The rear yard of the base zoning district applies. (2) Setbacks Between Individual Cottages: All cottages shall have a minimum setback of eight feet from another cottage. (3) Area: No cottage shall have more than 850 square feet of gross floor area, excluding basement area. There is no minimum square foot requirement. (4) Building Entrance: All building entrances shall face a public street or a common open space. (5) Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the 27 proposed material is durable and is appropriate for the structure. (6) (7) Open Space: A minimum of 250 square feet of common, open space is required per cottage. At least 50% of the open space shall be in a courtyard or other common, usable open space. The development shall include landscaping, walkways or other amenities intended to serve the residents of the development. Personal Outdoor Space: In addition to the open space requirement in this section, a minimum of 120 square feet of private open space is required per cottage. The open space shall provide a private yard area for each cottage and will be separated with a fence, hedge, or other visual separation to distinguish the private space. (8)Parking: Unless there is a lesser parking requirement in 21A.44, one off-street parking space per unit is required. All provided parking shall be located to the side of a street facing building façade, behind a principal structure that has frontage on a street, or within the principal structure subject to any other applicable provision. c.In addition to applicable requirements in 21A.52.050.H above, the following provisions apply to all other buildings containing more than two residential units. If the base zone has a greater design standard requirement, that standard applies. (1)Perimeter yard requirements: (A) Front yards: The front yard and corner side yard setback of the base zoning district apply. (B) Side yards: For housing types not otherwise allowed in the zoning district, a minimum of 10 feet on each side property line, unless a greater setback is required for single-family homes. (C) Rear yards: The rear yard of the base zoning district applies. (2)Building entrances: The ground floor shall have a primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. Stairs to second floor units are not permitted on street facing elevations. Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass. Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the planning director if it is found that the (3) (4) 28 proposed material is durable and is appropriate for the structure. (5)Open space: Open space area may include landscaped yards, patios, dining areas, and other similar outdoor living spaces. All required open space areas shall be accessible to all residents or users of the building. (A) Single- and two-family zoning districts: 120 sq. ft. of open space with a minimum width of 6 ft. shall be provided for each building with a dwelling. (B) All other zoning districts: A minimum of 10% of the land area within the development shall be open space, up to 5,000 square feet. Open space may include courtyards, rooftop and terrace gardens and other similar types of open space amenities. All required open space areas shall be accessible to all residents or users of the building. d. Single- and Two-family Dwellings: No additional design standards except as identified in 21A.24. e. Lots without public street frontage may be created to accommodate developments without planned development approval subject to the following standards: (1)Required yards shall be applied to the overall development site not individual lots within the development. The front and corner yards of the perimeter shall be maintained as landscaped yards; (2) (3) (4) Lot coverage shall be calculated for the overall development not individual lots within the development; and Required off street parking stalls for a unit within the development are permitted on any lot within the development. The subdivision shall be finalized with a final plat and the final plat shall document that the new lot(s) has adequate access to a public street by way of easements or a shared driveway or private street; and (5)An entity, such as a homeowner association, must be established for the operation and maintenance of any common infrastructure. Documentation establishing that entity must be recorded with the final plat. SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose Statements) shall be and hereby is amended to read as follows: 1. Affordable housing that meets the requirements of 21A.52.050. 29 SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and hereby is amended to add the following terms in the list of defined terms to be inserted into that list in alphabetical order: Affordable Housing Affordable Housing Incentives Development Dwelling, Three-family Dwelling, Four-family Dwelling, Row House Dwelling, Sideways Row House Dwelling, Cottage Development SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and hereby is amended as follows: a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of “AFFORDABLE HOUSING” be added and inserted into the list of definitions in alphabetical order and read as follows: AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable, rent-restricted. The affordable units shall be made available only to individuals and households that are qualifying occupants at or below the applicable percentage of the area median income for the Salt Lake City Utah, U.S. Department of Housing and Urban Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as periodically determined by HUD and adjusted for household size) and published by the Utah Housing Corporation, or its successor. Affordable (30% of gross income for housing costs, including utilities) housing units must accommodate at least one of the following categories: a. Extremely Low-Income Affordable Units: Housing units accommodating up to 30% AMI; b. Very Low-Income Affordable Units: Housing units accommodating greater than 30% and up to 50% AMI; or c. Low-Income Affordable Units: Housing units accommodating greater than 50% and up to 80% AMI. 30 b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order and read as follows: AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that meets the criteria in 21A.52.050. c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of “DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, THREE-FAMILY: A detached building containing three dwelling units. d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of “DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, FOUR-FAMILY: A detached building containing four dwelling units. e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of “DWELLING, ROW HOUSE” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least one common wall with an adjacent dwelling unit and where the entry of each unit faces a public street. Units may be stacked vertically and/or attached horizontally. Each attached unit may be on its own lot. f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that share at least one common wall with an adjacent dwelling unit and where the entry of each 31 unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or attached horizontally. Each attached unit may be on its own lot. g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified development that contains a minimum of two and a maximum of eight detached dwelling units with each unit appearing to be a small single-family dwelling with a common green or open space. Dwellings may be located on separate lots or grouped on one lot. SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule shall be published on the official Salt Lake City website. SECTION 21. Effective Date. The city recorder is hereby directed to publish this ordinance forthwith but it will not become effective until April 30, 2024. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 202__. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER 32 Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed ______________________________ MAYOR ______________________________ CITY RECORDER APPROVED AS TO FORM(SEAL) Salt Lake City Attorney’s Office November 30, 2023Bill No. ________ of 202__.Date:__________ Published: ______________. Ordinance creating affordable housing incentives By: __ K __________ Attorney 33 EXHIBIT A Service Fee Additional Information Section Affordable Housing Incentives Fines Noncompliance violation $100/affordable Plus rental difference unit/day 21A.20.040.B 34 1 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 2 3 No. _____ of 202__ 4 5 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code 6 establishing a chapter for zoning incentives and adding affordable housing incentives) 7 8 An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant 9 to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing 10 incentives. 11 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held 12 public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former 13 Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various 14 sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing 15 incentives; and 16 WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of 17 transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said 18 petition; and 19 WHEREAS, the City Council requests a report on costs and benefits of implementation 20 of the affordable housing incentives 24 months following adoption; and 21 WHEREAS, after a public hearing on this matter the City Council has determined that 22 adopting this ordinance is in the city’s best interests. 23 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 24 SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section 25 21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is 26 amended to read as follows: 2 LEGISLATIVE DRAFT 27 A. If the violations are not corrected by the citation deadline, civil fines shall accrue at 28 twenty five dollars ($25.00) a day per violation for those properties legally used for 29 purposes that are solely residential uses, and one hundred dollars ($100.00) a day per 30 violation for those properties used for purposes that are not residential uses. 31 B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the 32 citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule 33 per day per violation. If the violation(s) include renting an affordable rental unit in excess 34 of the approved rental rate then an additional monthly fine shall accrue that is the 35 difference between the market rate of the unit and the approved rental rate that is agreed 36 to by the applicant at the time of approval for a project using the incentives. 37 38 SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That 39 Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000 40 Single-family Residential District) shall be and hereby is amended to read as follows: 41 A. Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is 42 to provide for conventional single-family residential dwellings and affordable housing 43 incentives developments with up to four units on residential neighborhoods with lots 44 twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas 45 of the Ccity as identified in the applicable community mMaster pPlan. Uses are intended 46 to be compatible with the existing scale and intensity of the neighborhood. The standards 47 for the district are intended to provide for safe and comfortable places to live and play, 48 promote sustainable and compatible development patterns and to preserve the existing 49 character of the neighborhood. 50 51 SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That 52 Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000 53 Single-family Residential District) shall be and hereby is amended to read as follows: 54 A. Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to 55 provide for conventional single-family residential dwellings and affordable housing 56 incentives developments with up to four units on residential neighborhoods with lots not 57 less than seven thousand (7,000) square feet in size. This district is appropriate in areas of 58 the cCity as identified in the applicable community mMaster pPlan. Uses are intended to 59 be compatible with the existing scale and intensity of the neighborhood. The standards 60 for the district are intended to provide for safe and comfortable places to live and play, 61 promote sustainable and compatible development patterns and to preserve the existing 62 character of the neighborhood. 63 3 LEGISLATIVE DRAFT 64 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That 65 Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000 66 Single-family Residential District) shall be and hereby is amended to read as follows: 67 A. Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to 68 provide for conventional single-family residential dwellings and affordable housing 69 incentives developments with up to four units on residential neighborhoods with lots not 70 less than five thousand (5,000) square feet in size. This district is appropriate in areas of 71 the cCity as identified in the applicable community mMaster pPlan. Uses are intended to 72 be compatible with the existing scale and intensity of the neighborhood. The standards 73 for the district are intended to provide for safe and comfortable places to live and play, 74 promote sustainable and compatible development patterns and to preserve the existing 75 character of the neighborhood. 76 77 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That 78 Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and 79 Two-family Residential District) shall be and hereby is amended to read as follows: 80 A. Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District 81 is to preserve and protect for single-family dwellings the character of existing 82 neighborhoods which exhibit a mix of predominantly single- and two-family dwellings 83 by controlling the concentration of two-family dwelling units. Uses are intended to be 84 compatible with the existing scale and intensity of the neighborhood. The standards for 85 the district are intended to provide for safe and comfortable places to live and play and to 86 promote sustainable and compatible development patterns. 87 88 SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That 89 Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU 90 Residential/Mixed Use District) shall be and hereby is amended to read as follows: 91 F. Maximum Building Height: The maximum building height shall not exceed seventy five 92 feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1 93 and F2 of this section. Buildings taller than seventy five feet (75'), up to a maximum of 94 one hundred twenty five feet (125'), may be authorized through the design review process 95 (chapter 21A.59 of this title) and provided, that the proposed height is located within the 96 one hundred twenty five foot (125') height zone indicated in the map located in 97 subsection F3 of this section. 98 1. Maximum height for nonresidential buildings: Forty five feet (45'). 99 2. Maximum floor area coverage of nonresidential uses in mixed use 100 buildings of residential and nonresidential uses: Three (3) floors. 4 LEGISLATIVE DRAFT 101 3. One hundred twenty five foot (125') height zone map for the R-MU 102 District: 103 104 FIGURE 21A.24.170.F.3 105 106 107 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That 108 Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit 109 Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and 110 all notes thereto shall remain and are not amended herein): 5 LEGISLATIVE DRAFT 111 2. Building Height: The minimum and maximum building heights are found in table 112 21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The following 113 exceptions apply: 114 a. The minimum building height applies to all structures that are adjacent to a public or 115 private street. The building shall meet the minimum building height for at least fifty 116 percent (50%) of the width of the street facing building wall. 117 b. Projects that achieve a development score that qualifies for administrative review are 118 eligible for an increase in height. The increase shall be limited to one story of 119 habitable space. The height of the additional story shall be equal to or less than the 120 average height of the other stories in the building. This is in addition to the height 121 authorized elsewhere in this title. 122 123 SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table 124 21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form 125 Based Special Purpose Corridor District) shall be and hereby is amended to read as follows: 126 TABLE 21A.27.040.C 127 FB-SC BUILDING FORM STANDARDS Permitted Building Forms Multi-Family And Storefront H Maximum building height Maximum building height in the FB-SC is 60 ft. An additional 15 ft. in height (for a total height of 75 ft.) may be permitted for residential uses if a minimum of 10% of the units are affordable housing. Limitation on commercial uses Commercial or nonresidential uses are limited to the first 3 stories and a height of 45 ft. This limitation does not apply to hotel/motel uses, which are limited to the maximum height of 75 ft. Greenway Minimum of 5 ft. Maximum of 15 ft. Neighborhood Minimum of 15 ft. Maximum of 25 ft. Avenue Minimum of 5 ft. Maximum of 10 ft. F Front and corner side yard setback Boulevard Minimum of 15 ft. Maximum of 25 ft. B Required built-to Minimum of 50% of any street facing facade shall be built to the minimum setback line. At least 10% of any street facing facade shall be built to the maximum setback line. S Interior side yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no 6 LEGISLATIVE DRAFT minimum setback is required. See illustration below. R Rear yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. L Minimum lot size 4,000 sq. ft.; not to be used to calculate density. W Minimum lot width 50 ft. DU Dwelling units per building form No minimum or maximum. Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of lot area provided all building forms have frontage on a street. 128 129 130 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 131 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 132 Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use 133 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 134 Uses for Residential Districts, in alphabetical order with other use categories in the table, which use 135 category shall read and appear in that table as follows: 7 LEGISLATIVE DRAFT Permitted And Conditional Uses By DistrictUse FR-1/ 43,560 FR-2/ 21,780 FR-3/ 12,000 R-1/ 12,000 R-1/ 7,000 R-1/ 5,000 SR- 1 SR- 2 SR- 3 R- 2 RMF- 30 RMF- 35 RMF- 45 RMF- 75 RB R- MU- 35 R- MU- 45 R- MU RO Affordable Housing Incentives Development P P P P P P P P P P P P P P P P P P 8 LEGISLATIVE DRAFT 137 SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.030. That Section 21A.33.030 of the Salt Lake City Code 138 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended only to 139 add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Commercial 140 Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 141 Permitted and Conditional Uses by DistrictUse CN CB CS1 CC CSHBD1 CG SNB Affordable Housing Incentives Development P P P P P P P 9 LEGISLATIVE DRAFT 143 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 144 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 145 Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add 146 the use category “Affordable Housing Incentives Development” in the Table of Permitted and 147 Conditional Uses for Transit Station Area Districts, in alphabetical order with other use 148 categories in the table, which use category shall read and appear in that table as follows: 149 10 LEGISLATIVE DRAFT Permitted And Conditional Uses By District TSA-UC TSA-UN TSA-MUEC TSA-SP Use Core Transition Core Transition Core Transition Core Transition Affordable Housing Incentives Development P P P P P P P P 150 151 SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section 152 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 153 Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use 154 category “Affordable Housing Incentives Development” in the Table of Permitted and 155 Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the 156 table, which use category shall read and appear in that table as follows: Permitted And Conditional Uses By DistrictUse D-1 D-2 D-3 D-4 Affordable Housing Incentives Development P P P P 157 158 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 159 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 160 Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use 161 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 162 Uses for the Gateway District, which use category shall read and appear in that table as follows: Use G-MU Affordable Housing Incentives Development P 163 164 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 165 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 166 Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use 11 LEGISLATIVE DRAFT 167 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 168 Uses for Special Purpose Districts, which use category shall read and appear in that table as follows: 12 LEGISLATIVE DRAFT 169 Permitted and Conditional Uses by DistrictUse RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Affordable Housing Incentives Development P 13 LEGISLATIVE DRAFT 171 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 172 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 173 Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use 174 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 175 Uses for Form Based Districts, inserted in alphabetical order, which use category shall read and 176 appear in that table as follows: 177 [Note to codifier: use this table if FB-MU11 is adopted as of the date of this ordinance pursuant 178 to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Permitted Uses By DistrictUse FB-UN1 FB-UN2 FB-MU11 FB-SC FB-SE Affordable Housing Incentives Development P P P P P 179 180 [Note to codifier: use this table if FB-MU11 is not adopted as of the date of this ordinance 181 pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior 182 table should be codified.] Permitted Uses By DistrictUse FB-UN1 FB-UN2 FB-SC FB-SE Affordable Housing Incentives Development P P P P 183 184 SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of 185 the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new 186 Chapter 21A.52 Zoning Incentives and shall read as follows: 187 21A.52.010 PURPOSE: 188 The purpose of this chapter is to establish zoning incentives to support achieving adopted goals 189 within the city’s adopted plans and policy documents. 190 21A.52.020 APPLICABILITY: 191 A. This chapter applies as indicated within each subsection. 14 LEGISLATIVE DRAFT 192 B. The planned development process in 21A.55 is not required as indicated within this 193 chapter. 194 C. The administrative design review process in 21A.59 may be applicable as indicated 195 within this chapter. 196 21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY 197 ZONING DISTRICTS: 198 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district 199 standards and requirements take precedence except as indicated in this section. 200 21A.52.040 APPROVAL PROCESS: 201 Unless specifically exempted or modified by this chapter, all requirements of this title shall 202 apply. 203 A. Zoning Incentives: Applicants using the zoning incentives in this chapter shall 204 submit a zoning incentives application and provide the following information: 205 1. The applicant's name, address, telephone number and interest in the 206 property to which the incentives shall apply; 207 2. The owner's name, address and telephone number, if different than the 208 applicant, and the owner's signed consent to the filing of the application; 209 3. The street address, tax parcel number and legal description of the subject 210 property; 211 4. The zoning classification, zoning district boundaries and present use of the 212 subject property; 213 5. The location of all proposed buildings and structures, accessory and 214 principal, showing the number of stories and height, dwelling type, if 215 applicable, major elevations and the total square footage of the floor area 216 by proposed use and any additional information required for site plan 217 review set forth in Chapter 21A.58; 218 6. The total number of dwelling units in the project, the number of affordable 219 units, the number of bedrooms in the affordable units, the location of the 220 affordable units, and level of affordability; and 221 7. Any additional information required by Chapter 21A.59 design review or 222 to demonstrate compliance with the requirements of this chapter, as 223 applicable. 224 B. Preliminary approval shall authorize the preparation, filing and processing of 225 applications for any permits or approval that may be required by the city, including, 226 but not limited to, a building permit. Notwithstanding the foregoing, no permits shall 227 be issued until final approval is obtained pursuant to this Chapter. Preliminary 228 approval shall be valid for a period of one year unless complete building plans have 229 been submitted to the Division of Building Services. 230 C. Administrative design review, where applicable, shall be exempt from the 231 application fees and noticing fees otherwise required pursuant to Section 21A.59. 232 D. Following the approval of any administrative design review application, any future 233 alteration to the property, building or site shall comply with the approved design 234 review application unless a modification is approved subject to the process outlined 235 in Chapter 21A.59. 15 LEGISLATIVE DRAFT 236 E. Final approval shall occur following the recording of the restrictive covenant. 237 F. Preliminary and final approvals shall be administrative approvals by the planning 238 director or the planning director’s designee. 239 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 240 A. Purpose: The incentives set forth in this chapter are intended to encourage the 241 development of affordable housing. The provisions within this section are intended 242 to facilitate the construction of affordable housing by allowing more inclusive 243 development than would otherwise be permitted in the base zoning districts. Housing 244 constructed using the incentives is intended to be compatible in form with the 245 neighborhood and provide for safe and comfortable places to live and play. 246 B. Applicability: The provisions in this section provide optional incentives to 247 development projects that include affordable housing units. Unless specifically stated 248 below, all other applicable provisions in the base zoning district or 249 overlay districts shall apply. 250 C. Uses: Additional housing types are allowed in zones subject to compliance with this 251 section. 252 D. Reporting and Auditing: Property owners who use the incentives of this chapter are 253 required to provide a report that demonstrates compliance with this section and any 254 additional approvals associated with the use of incentives. The report shall be 255 submitted annually by April 30th and shall be reflective of the financial status at the 256 end of the previous calendar year. The report shall be submitted to the Director of 257 Community and Neighborhoods or successor. 258 1. Annual Report and Auditing: Each property owner shall submit a report that 259 demonstrates compliance with this chapter. 260 a. If applicable, the property owner shall submit a copy of the annual report(s) 261 provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, 262 Housing Authority of Salt Lake City, Housing Connect, or similar funding 263 source as determined by the Department of Community and Neighborhoods, 264 or its successor, confirming compliance with affordable housing conditions, 265 including tenant income and rental rates. 266 b. If an annual report is not submitted as required in 21A.52.050.D.1.a above, 267 the property owner shall provide a report that includes, but is not limited to 268 the following: 269 (1) The property location, tax ID number, and legal description. 270 (2) Property owner name, mailing address, and email address. 271 (3) Information on the dwelling units and tenants of the property receiving 272 the incentives that includes: 273 (A)The total number of dwelling units 274 (B)The number of bedrooms of each dwelling unit 275 (C)The rental rate of each dwelling unit 276 (D)Identify the dwelling units that comply with the level of 277 affordability identified in the approval to use the incentives and 278 a statement that the dwelling units are in compliance with the 279 approval requirements. 16 LEGISLATIVE DRAFT 280 (E) Identify any change in occupancy to the units that are required 281 to be affordable under this section, including a change in the 282 number of people residing in each unit and any change in 283 tenant. Personal data is not required to be submitted. 284 (F) Confirm that income verification for all tenants was performed 285 on an annual basis. 286 (G)Identify any differences in rent between the agreed upon rental 287 rate in the approval to use the incentives and the actual rent 288 received for the identified affordable dwelling units. 289 (H)Identify any instance where an affordable dwelling unit was no 290 longer rented at the agreed upon level of affordability, the 291 length of time the dwelling unit was not in compliance with the 292 agreed upon level of affordability, and any remedy that was 293 taken to address the noncompliance. 294 2. Review of Annual Report: The Director of Community and Neighborhoods shall 295 review the report to determine if the report is complete. 296 3. Within 30 days of receipt of a complete report, the Director of Community and 297 Neighborhoods shall provide the property owner with written notice that: 298 a. Identifies whether the property is in compliance. 299 b. Identify any deficiency in the information provided by the owner. 300 c. Assesses any penalty that is due as a result of an identified noncompliance. 301 4. After receipt of the notice from the Director of Community and Neighborhoods that 302 indicates noncompliance, the property owner shall: 303 a. Cure the identified noncompliance within 30 days of such notice and 304 concurrently submit an updated report of then-current operations of the 305 property that demonstrates compliance; or 306 (1) Property owners can request an extension in writing prior to the 307 expiration of the 30-day cure period identified above. The request shall 308 include an explanation of the efforts to correct the non-compliance and 309 the reason the extension is needed. The Director of Community and 310 Neighborhoods will review and determine if the timeframe and 311 extension are appropriate and whether or not fines shall be stayed 312 during any approved extension. Upon expiration of the extension 313 granted by the Director the property owner shall submit an updated 314 report of then-current operations of the property that demonstrates 315 compliance. 316 b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any 317 noncompliance within 14 days of achieving compliance. Any fine or fee shall 318 be assessed from the first identified date that the property is not in 319 compliance. 320 5. The city may contract with another entity for review of the requirements in this 321 section. 322 6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20, 323 except as set forth below in 21A.52.050.E. 324 17 LEGISLATIVE DRAFT 325 E. Enforcement: Violations of this Chapter, or the restrictive covenant on the property 326 as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to 327 21A.20. The city shall have the additional remedies for violations as set forth below. 328 1. Lien on Property. If the property owner fails to make payment of the outstanding 329 fines, then after 90 days or when fines reach $5,000, the division will issue a 330 statement of outstanding fines. If the property owner fails to make payment within 331 14 days, then the division may certify the fines set forth in the statement to the Salt 332 Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount 333 entered shall have the force and effect of a valid judgment of the district court, is a 334 lien on the property, and shall be collected by the treasurer of the county in which 335 the property is located at the time of the payment of general taxes. Upon payment 336 of the amount set forth in the statement, the judgment is satisfied, the lien is 337 released from the property, and receipt shall be acknowledged upon the general tax 338 receipt issued by the treasurer. 339 2. Revocation of Business License. Upon a determination of the division that the 340 property is in violation of this Chapter the city may suspend or revoke the business 341 license associated with the property. Any suspension or revocation of a license 342 shall not be imposed until a hearing is first held before the Director of Community 343 and Neighborhoods or his/her successor. The licensee shall be given at least 14 344 days’ notice of the time and place of the hearing, together with the nature of the 345 charges against the licensee. The licensee may appear in person or through an 346 officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to 347 confront and cross-examine witnesses. The Director of Community and 348 Neighborhoods shall make a decision based upon the evidence introduced at the 349 hearing and issue a written decision. The licensee may appeal to an appeals 350 hearing officer and thereafter to district court pursuant to 21A.16. If the license is 351 revoked or suspended it shall thereafter be unlawful for any person to engage in or 352 use, or permit to be used any property for any business with respect to which the 353 license has been suspended or revoked until a license shall be granted upon appeal 354 or due to the property’s compliance with this Chapter. No person whose license 355 has been revoked, and no person associated or connected with such person in the 356 conduct of such business, shall be granted a license for the same purpose for a 357 period of six months after the revocation has occurred. The Director may, for good 358 cause, waive the prohibition against persons formerly associated or connected with 359 an individual who has had a license revoked. 360 3. Any other remedies or financial penalties identified in the terms of the restrictive 361 covenant required by Section 21A.52.050.F.1, which shall be reasonably related to 362 enforcement of the terms of this Chapter, achieving the goals of this Chapter, 363 obtaining the number of units and level of affordability agreed to by the property 364 owner, or if such units and level of affordability cannot be obtained then to 365 eliminate the incentive(s) obtained or recoup the value thereof. 366 367 F. Eligibility Standards: Developments shall meet the criteria below to be eligible for 368 the authorized incentives: 369 1. Restrictive Covenant Required: 18 LEGISLATIVE DRAFT 370 a. Any owner who uses the incentives of this chapter shall enter into a 371 legally binding restrictive covenant, the form of which shall be 372 approved by the city attorney. Prior to the issuance of a building 373 permit for construction of a building using the incentives, the 374 restrictive covenant shall be recorded with the Salt Lake County 375 Recorder. The agreement shall provide for the following, without 376 limitation: acknowledge the use of the incentives, the nature of the 377 approval and any conditions thereof, the affordability requirements, 378 the terms of compliance with all applicable regulations, shall guarantee 379 compliance for a term of 30 years, and the potential enforcement 380 actions for any violation of the agreement. The agreement shall be 381 recorded on the property with the Salt Lake County Recorder, 382 guarantee that the affordability criteria will be met for at least 30 383 years, and future owners shall be subject thereto. 384 b. For an affordable homeownership unit, the restrictive covenant shall 385 also require a notice of sale be provided to the city and the city shall 386 have a right of first refusal to purchase any designated affordable unit 387 in accordance with a future sales price that is capped to comply with 388 Section 21A.52.050.F.2.b.2 below. 389 390 2. The affordable units shall be both income and rent/housing payment 391 restricted. 392 a. Income Restriction - The affordable units shall be made available only 393 to Eligible Households that are qualifying occupants with an annual 394 income at or below the SLC Area Median Income (“AMI”) as 395 applicable for the given affordable unit for Salt Lake City Utah, U.S. 396 Department of Housing and Urban Development (“HUD”) Metro 397 FMR Area (as periodically determined by the HUD and adjusted for 398 household size). 399 b. Rent/Housing Payment Restriction 400 (1) For an affordable rental unit, the monthly rent, including all 401 required housing costs per unit, such as utilities and other 402 charges uniformly assessed to all apartment units other than 403 charges for optional services, shall be set forth in a written 404 lease and shall not exceed, for the term of the lease, the 405 maximum monthly gross rental rate published annually by the 406 Utah Housing Corporation for affordable units located in Salt 407 Lake City for the percentage AMI as applicable for the given 408 affordable unit type. 409 (2) For an affordable homeownership unit, the annualized housing 410 payment, including mortgage principal and interest, private 411 mortgage insurance, property taxes, condominium and/or 412 homeowner's association fees, insurance, and parking, shall not 413 exceed thirty percent (30%) of the maximum monthly income 414 permissible for the AMI as applicable for the given affordable 19 LEGISLATIVE DRAFT 415 unit, assuming a household size equal to the number of 416 bedrooms in the unit plus one person. 417 3. Comparable units: Affordable units shall be comparable to market rate units, 418 if any, in the development including with respect to entrance location, 419 dispersion throughout the building or site, number of bedrooms, and access to 420 amenities, except as otherwise approved in the terms of the restrictive 421 covenant. This subpart does not apply to units in single- and two-family 422 zoning districts. 423 4. The property owner shall be ineligible for affordable housing incentives 424 pursuant to this Chapter if the property owner or its principals, partners, or 425 agents are under enforcement for any violation of Title 11, 18, 20, or 21. 426 427 G. Incentives: Developments are eligible for the incentives identified in this section. 428 Table 21A.52.050.G establishes the affordability requirements based on the zoning 429 district of the property. Sections 1 through 4 establish the modifications allowed 430 within each zoning district in order to be eligible for the affordability incentives. To 431 use the incentives, developments shall comply with the criteria applicable to the base 432 zoning districts. Any fractional number of units required shall be rounded up to the 433 nearest whole number. 434 Table 21A.52.050.G Incentive Types Types Incentive Type A. Applicable to the single- and two-family zoning districts: FR- 1, FR-2, FR-3, R-1/12,000, R- 1/7,000, R-1/5,000, R-2, SR-1, SR- 1A, and SR-3. Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 50% of the units shall be affordable to those with incomes at or below 100% AMI. 2. If an existing building is maintained as required in 21A.52.050.H.1.c, 25% of the units shall be affordable to those with incomes at or below 100% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 50% of the units shall be affordable to those with incomes at or below 80% AMI. 2. If an existing building is maintained as required in 21A.52.050.H.1.c, a minimum of one of the units shall be affordable to those with incomes at or below 80% AMI. Type B. Applicable to residential multifamily zoning districts: RMF- 30, RMF-35, RMF-45, and RMF-75 Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 10% of the units shall be affordable to those with incomes at or below 80% AMI. 20 LEGISLATIVE DRAFT 2. 5% of the units shall be affordable to those with incomes at or below 60% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 40% of the units shall be affordable to those with incomes at or below 60% AMI. 2. 20% of the units shall be affordable to those with incomes at or below 50% AMI. 3. 40% of units shall be affordable to those with incomes averaging no more than 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. Type C. Applicable to zoning districts not otherwise specified. Affordable homeownership developments shall meet at least one of the following affordability criteria: 1. 10% of the units shall be affordable to those with incomes at or below 80% AMI. 2. 5% of the units shall be affordable to those with incomes at or below 60% AMI. Affordable rental developments shall meet at least one of the following affordability criteria: 1. 20% of the units shall be affordable to those with incomes at or below 80% AMI. 2. 10% of the units shall be affordable to those with incomes at or below 60% AMI. 3. 10% of the units shall be affordable to those with incomes averaging at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. 4. 5% of the units shall be affordable to those with incomes at or below 30% AMI. 5. 10% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have two or more bedrooms. 6. 5% of the units shall be affordable to those with incomes at or below 60% AMI and these units must have two or more bedrooms. 7. 5% of the units shall be affordable to those with incomes at or below 80% AMI and these units must have three or more bedrooms. 435 436 1. Single- and Two-Family Zoning Districts: The following housing types: twin 437 home and two-family, three-family dwellings, four-family dwellings, row houses, 438 sideways row houses, and cottage developments are authorized in the FR-1, FR-2, 21 LEGISLATIVE DRAFT 439 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning 440 districts provided the affordability requirements for Type A in Table 441 21A.52.050.G are met. 442 2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying 443 provisions for density found in the minimum lot area and lot width tables for 444 the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the 445 RMF-30 zoning district, the minimum lot size per dwelling unit does not apply, 446 provided the affordability requirements for Type B in Table 21A.52.050.G are 447 met. 448 3. Incentives in the CB Community Business, CC Corridor Commercial, CG 449 General Commercial, and I Institutional Zoning Districts: 450 a.The following housing types: row houses, sideways row houses, and 451 cottage developments are authorized provided the affordability 452 requirements in subsection b. are complied with; 453 b.To be eligible for the incentives listed in this subsection a., a 454 development shall meet the affordability requirements for Type C in 455 Table 21A.52.050.G. 456 457 4. The following incentives are authorized in zoning districts provided the 458 affordability requirements for Type C in Table 21A.52.050.G are complied with: 459 a.Administrative design review provided the standards in 21A.59 are 460 met. Early engagement notice requirements to recognized 461 organizations are not applicable. 462 b.Additional building height may be added as indicated in the following 463 sections. The maximum height per story of additional building height 464 shall not exceed 12 feet. 465 (1)Residential districts: Zoning District Permitted Maximum Height with Incentive RMU-35 45’ with administrative design review, regardless of abutting use or zone. RMU-45 55’ with administrative design review, regardless of abutting use or zone. RB One additional story; density limitations listed in the land use table do not apply. RMU Three additional stories with administrative design review. RO One additional story. 466 467 (2)Commercial Districts: 468 Zoning District Permitted Maximum Height with Incentive SNB One additional story. CB One additional story. CN One additional story. CC 45’ with administrative design review; additional landscaping may be met by meeting requirements in 21A.52.050.H.3.c.5. 22 LEGISLATIVE DRAFT CG Two additional stories with administrative design review. Three additional stories with administrative design review for properties in the mapped area in Figure 21A.26.070.G. CSHBD1 129’ with administrative design review. CSHBD2 72’ with administrative design review. TSA-Transiti on One additional story with administrative review. TSA-Core Two additional stories with administrative review. 469 470 471 (3)Form-based districts: 472 [Note to codifier: use this table if FB-MU11 is adopted as of the date of this ordinance pursuant 473 to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Zoning District Permitted Maximum Height with Incentive FB-MU11 Three additional stories with administrative design review. FB-UN2 One additional story. FB-SC One additional story. FB-SE One additional story. FB-UN1 Three stories, but not to exceed 30’ in height. 474 475 [Note to codifier: use this table if FB-MU11 is not adopted as of the date of this ordinance 476 pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior 477 table should be codified.] 478 Zoning District Permitted Maximum Height with Incentive FB-UN2 One additional story. FB-SC One additional story. FB-SE One additional story. FB-UN1 Three stories, but not to exceed 30’ in height. 479 480 (4)Downtown districts: 481 482 Zoning District Permitted Maximum Height with Incentive D-1 Administrative design review is permitted when a design review process is required. D-2 Two additional stories with administrative design review. D-3 Three additional stories with administrative design review. D-4 Three additional stories with administrative design review. 375’ and administrative design review in mapped area in 21A.30.045.E.2.b. 483 484 (5)Other districts: 485 23 LEGISLATIVE DRAFT Zoning District Permitted Maximum Height with Incentive GMU Two additional stories with administrative design review. MU 60’ with administrative design review. 486 487 c.Administrative design review is permitted for the following: 488 (6)Buildings in the CSHBD1 and CSHBD2 zoning district 489 that exceed 20,000 square feet in size. 490 (7)Buildings in the CB zoning district that exceed 7,500 491 gross square feet of floor area for a first-floor footprint or 492 in excess of 15,000 gross square feet floor area. 493 494 5. Planned Developments: A planned development is not required when the purpose 495 of the planned development is due to the following reasons cited below, subject to 496 approval by other city departments. If a development proposes any modification 497 that is not listed below, planned development approval is required. To be eligible 498 for the incentives in this section, a development shall meet the affordability 499 requirements for the applicable zoning district in Table 21A.52.040. 500 a.Multiple Buildings on a Single Parcel: More than one principal 501 building may be located on a single parcel and are allowed without 502 having public street frontage. This allowance supersedes the 503 restrictions of 21A.36.010.B; 504 b.Principal buildings with frontage on a paved public alley; 505 c.Principal buildings with frontage on a private street; 506 d.Development located in the Community Shopping (CS) “Planned 507 Development Review” in 21A.26.040.C. 508 509 H. Development Regulations: The following development regulations are intended to 510 provide supplemental regulations and modify standards of the base zoning district for 511 the purpose of making the affordable housing incentives more feasible and 512 compatible with existing development. Base zoning standards apply unless 513 specifically modified by this section and are in addition to modifications authorized in 514 Subsection 21A.52.050.G. If there are conflicts with design standards, the more 515 restrictive regulation shall apply and take precedence. These standards are not 516 allowed to be modified through the planned development process. 517 1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, 518 SR-1, SR-1A, and SR-3 zoning districts: 519 a. Parking: Unless there is a lesser parking requirement in 21A.44, only 520 one off-street parking space per unit is required. One detached garage 521 or covered parking space, no greater than 250 sq. ft. per unit, may be 522 provided for each unit and these structure(s) may exceed the yard and 523 building coverage requirements for accessory structures. When 524 covered parking is provided, the 250 sq. ft. per unit of covered parking 525 may be combined into a single structure for each required parking stall 526 provided. 24 LEGISLATIVE DRAFT 527 b. Yards: Minimum required yards shall apply to the perimeter of the 528 development and not to the individual principal buildings within the 529 development. 530 c. Density: 531 (1) Lots approved through a planned development prior to the 532 effective date of this Chapter are required to go through a 533 major modification of the planned development to use the 534 incentives. 535 (2) Lots may contain up to four units. Existing lots may be 536 divided such that each unit, not including accessory dwelling 537 units (ADUs), is on its own lot. The new lots are exempt from 538 minimum lot area, lot width, and lot frontage requirements. 539 This paragraph shall not apply to vertical developments. 540 (3) An ADU is considered one unit and counts toward the number 541 of units permitted. 542 (4) Arrangement of dwellings: 543 (A) New dwelling units may be arranged in any manner 544 within a building, as a second detached dwelling, as 545 attached units, or a cottage development with three or 546 more detached dwellings. 547 (B) When an existing building is maintained, new units 548 may be added internal to the existing structure, as an 549 addition, or as a second detached dwelling. Any 550 addition must comply with the standards of the base 551 zoning district; however, the addition may contain 552 additional units. 50% of the exterior walls of the 553 existing dwelling, including the front elevation, shall 554 remain as exterior walls. 555 (C) The units shall comply with this section, applicable 556 requirements of the base zoning district, and any 557 applicable overlay district. 558 559 2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the 560 following provisions shall apply: 561 a.Unit Mix: No more than 25% of the units in the development shall be 562 less than 500 square feet to promote a mix of unit sizes. 563 b.Parking: Unless there is a lesser parking requirement in 21A.44, only 564 one off-street parking space per unit is required in multifamily 565 developments with less than 10 units. 566 c.Yards: The minimum required yards shall apply to the perimeter of the 567 development and not to the individual principal buildings within the 568 development. 569 d.Lot width: Minimum lot width requirements do not apply. 570 571 3. In addition to applicable requirements in subsections 1 and 2 above, the following 572 provisions apply to the specific building types listed: 25 LEGISLATIVE DRAFT 573 a. Row house and Sideways row house 574 (1) Perimeter yard requirements: 575 (A) Front yards: The front yard and corner side yard of 576 the base zoning district apply. 577 (B) Side yards: A minimum of 10 feet on one side of the 578 building and 6 feet on the other interior side yard 579 unless a greater yard is required by the base zoning 580 district. 581 (C) Rear yard: The rear yard of the base zoning district 582 applies. 583 (2) Number of Units: To qualify for incentives in the FR-1, FR-2, 584 FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR- 585 1A zoning districts there is a minimum of three and a 586 maximum of four residential dwelling units per building. 587 (3) Building length facing street: 588 (A) The building length shall not exceed 60 feet or the 589 average of the block face, whichever is less, in FR-1, 590 FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R- 591 2, SR-1, and SR-1A districts; 592 (B) The building length shall not exceed 100 feet in the 593 RMF-30, RMF-35, RMF-45 and RMF-75 districts; 594 and 595 (C) The building length shall not exceed 175 feet in other 596 zoning districts. 597 (4) Building entry facing street: At least one operable building 598 entrance on the ground floor is required for each unit facing 599 the primary street facing façade. All units adjacent to a 600 public street shall have the primary entrance on the street 601 facing façade of the building with an unenclosed entry porch, 602 canopy, or awning feature. The entry feature may encroach in 603 the front yard setback, but the encroachment shall not be 604 closer than 5 feet from the front property line. 605 (5) Building materials: 50% of any street facing facade shall be 606 clad in durable materials. Durable materials include stone, 607 brick, masonry, textured or patterned concrete, and fiber 608 cement board. Other materials may be used for the remainder 609 of the facade adjacent to a street. Other materials proposed to 610 satisfy the durable requirement may be approved at the 611 discretion of the planning director if it is found that the 612 proposed material is durable and is appropriate for the 613 structure. 614 (6) Parking requirement and location: Unless there is a lesser 615 parking requirement in 21A.44, only one off-street parking 616 space per unit is required. All provided parking shall be 617 located to the side of the street facing building façade, behind 618 a principal structure that has frontage on a street, or within 26 LEGISLATIVE DRAFT 619 the principal structure subject to any other applicable 620 provision. 621 (7) Garage doors facing street: Garage doors are prohibited on 622 the façade of the building that is parallel to, or located along, 623 a public street. 624 (8) Personal outdoor space: Each unit shall have a minimum 625 outdoor space of 60 square feet where the minimum 626 measurement of any side cannot be less than 6 feet. 627 (9) Glass: The surface area of the façade of each floor facing a 628 street must contain a minimum of 15% glass. 629 (10) Blank wall: The maximum length of any blank wall 630 uninterrupted by windows, doors, or architectural detailing at 631 the ground floor level along any street facing façade is 15’. 632 (11) Screening of mechanical equipment: All mechanical 633 equipment shall be screened from public view and sited to 634 minimize their visibility and impact. Examples of siting 635 include on the roof, enclosed or otherwise integrated into the 636 architectural design of the building, or in a rear or side yard 637 area subject to yard location restrictions found in section 638 21A.36.020, table 21A.36.020B, “Obstructions In Required 639 Yards” of this title. 640 641 Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House 642 643 Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House 27 LEGISLATIVE DRAFT 644 645 b. Cottage Development 646 (1) Perimeter yard requirements: 647 (A) Front yards: The front yard and corner side yard of the 648 base zoning district apply. 649 (B) Side yards: A minimum of 10 feet on one side of the 650 property line and 6 feet on the other interior side yard, 651 unless a greater yard is required by the base zoning 652 district. 653 (C) Rear yard: The rear yard of the base zoning district 654 applies. 655 (2) Setbacks Between Individual Cottages: All cottages shall have 656 a minimum setback of eight feet from another cottage. 657 (3) Area: No cottage shall have more than 850 square feet of gross 658 floor area, excluding basement area. There is no minimum 659 square foot requirement. 660 (4) Building Entrance: All building entrances shall face a public 661 street or a common open space. 662 (5) Building materials: 50% of any street facing facade shall be 663 clad in durable materials. Durable materials include stone, 664 brick, masonry, textured or patterned concrete, and fiber 665 cement board. Other materials may be used for the remainder 666 of the facade adjacent to a street. Other materials proposed to 667 satisfy the durable requirement may be approved at the 668 discretion of the planning director if it is found that the 28 LEGISLATIVE DRAFT 669 proposed material is durable and is appropriate for the 670 structure. 671 (6) Open Space: A minimum of 250 square feet of common, open 672 space is required per cottage. At least 50% of the open space 673 shall be in a courtyard or other common, usable open space. 674 The development shall include landscaping, walkways or other 675 amenities intended to serve the residents of the development. 676 (7) Personal Outdoor Space: In addition to the open space 677 requirement in this section, a minimum of 120 square feet of 678 private open space is required per cottage. The open space 679 shall provide a private yard area for each cottage and will be 680 separated with a fence, hedge, or other visual separation to 681 distinguish the private space. 682 (8) Parking: Unless there is a lesser parking requirement in 683 21A.44, one off-street parking space per unit is required. All 684 provided parking shall be located to the side of a street facing 685 building façade, behind a principal structure that has frontage 686 on a street, or within the principal structure subject to any other 687 applicable provision. 688 c. In addition to applicable requirements in 21A.52.050.H above, the 689 following provisions apply to all other buildings containing more than 690 two residential units. If the base zone has a greater design standard 691 requirement, that standard applies. 692 (1) Perimeter yard requirements: 693 (A) Front yards: The front yard and corner side yard 694 setback of the base zoning district apply. 695 (B) Side yards: For housing types not otherwise allowed in 696 the zoning district, a minimum of 10 feet on each side 697 property line, unless a greater setback is required for 698 single-family homes. 699 (C) Rear yards: The rear yard of the base zoning district 700 applies. 701 (2) Building entrances: The ground floor shall have a primary 702 entrance on the street facing façade of the building with an 703 unenclosed entry porch, canopy, or awning feature. Stairs to 704 second floor units are not permitted on street facing elevations. 705 (3) Glass: The surface area of the façade of each floor facing a 706 street must contain a minimum of 15% glass. 707 (4) Building materials: 50% of any street facing facade shall be 708 clad in durable materials. Durable materials include stone, 709 brick, masonry, textured or patterned concrete, and fiber 710 cement board. Other materials may be used for the remainder 711 of the facade adjacent to a street. Other materials proposed to 712 satisfy the durable requirement may be approved at the 713 discretion of the planning director if it is found that the 29 LEGISLATIVE DRAFT 714 proposed material is durable and is appropriate for the 715 structure. 716 (5) Open space: Open space area may include landscaped yards, 717 patios, dining areas, and other similar outdoor living spaces. 718 All required open space areas shall be accessible to all 719 residents or users of the building. 720 (A) Single- and two-family zoning districts: 120 sq. ft. of 721 open space with a minimum width of 6 ft. shall be 722 provided for each building with a dwelling. 723 (B) All other zoning districts: A minimum of 10% of the 724 land area within the development shall be open space, 725 up to 5,000 square feet. Open space may include 726 courtyards, rooftop and terrace gardens and other 727 similar types of open space amenities. All required 728 open space areas shall be accessible to all residents or 729 users of the building. 730 d. Single- and Two-family Dwellings: No additional design standards except 731 as identified in 21A.24. 732 e. Lots without public street frontage may be created to accommodate 733 developments without planned development approval subject to the 734 following standards: 735 (1) Required yards shall be applied to the overall development 736 site not individual lots within the development. The front and 737 corner yards of the perimeter shall be maintained as landscaped 738 yards; 739 (2) Lot coverage shall be calculated for the overall development 740 not individual lots within the development; and 741 (3) Required off street parking stalls for a unit within the 742 development are permitted on any lot within the development. 743 (4) The subdivision shall be finalized with a final plat and the final 744 plat shall document that the new lot(s) has adequate access to a 745 public street by way of easements or a shared driveway or 746 private street; and 747 (5) An entity, such as a homeowner association, must be 748 established for the operation and maintenance of any common 749 infrastructure. Documentation establishing that entity must be 750 recorded with the final plat. 751 752 SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That 753 Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose 754 Statements) shall be and hereby is amended to read as follows: 30 LEGISLATIVE DRAFT 755 1. At least twenty percent (20%) of the housing must be for those with incomes that are at 756 or below eighty percent (80%) of the area median income. Affordable housing that meets 757 the requirements of 21A.52.050. 758 759 SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 760 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 761 hereby is amended to add the following terms in the list of defined terms to be inserted into that list 762 in alphabetical order: 763 Affordable Housing 764 Affordable Housing Incentives Development 765 Dwelling, Three-family 766 Dwelling, Four-family 767 Dwelling, Row House 768 Dwelling, Sideways Row House 769 Dwelling, Cottage Development 770 771 SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That 772 Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall 773 be and hereby is amended as follows: 774 a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of 775 “AFFORDABLE HOUSING” be added and inserted into the list of definitions in 776 alphabetical order and read as follows: 777 AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable, 778 rent-restricted. The affordable units shall be made available only to individuals and 779 households that are qualifying occupants at or below the applicable percentage of the area 780 median income for the Salt Lake City Utah, U.S. Department of Housing and Urban 781 Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as 782 periodically determined by HUD and adjusted for household size) and published by the Utah 783 Housing Corporation, or its successor. Affordable (30% of gross income for housing costs, 784 including utilities) housing units must accommodate at least one of the following categories: 785 a. Extremely Low-Income Affordable Units: Housing units accommodating up to 786 30% AMI; 787 b. Very Low-Income Affordable Units: Housing units accommodating greater than 30% 788 and up to 50% AMI; or 31 LEGISLATIVE DRAFT 789 c. Low-Income Affordable Units: Housing units accommodating greater than 50% and 790 up to 80% AMI. 791 792 b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES 793 DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES 794 DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order 795 and read as follows: 796 AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that 797 meets the criteria in 21A.52.050. 798 799 c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of 800 “DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in 801 alphabetical order and read as follows: 802 DWELLING, THREE-FAMILY: A detached building containing three dwelling units. 803 d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of 804 “DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in 805 alphabetical order and read as follows: 806 DWELLING, FOUR-FAMILY: A detached building containing four dwelling units. 807 e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of 808 “DWELLING, ROW HOUSE” be added and inserted into the list of definitions in 809 alphabetical order and read as follows: 810 DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least 811 one common wall with an adjacent dwelling unit and where the entry of each unit faces a 812 public street. Units may be stacked vertically and/or attached horizontally. Each attached unit 813 may be on its own lot. 814 f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition 815 of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of 816 definitions in alphabetical order and read as follows: 32 LEGISLATIVE DRAFT 817 DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that 818 share at least one common wall with an adjacent dwelling unit and where the entry of each 819 unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or 820 attached horizontally. Each attached unit may be on its own lot. 821 g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the 822 definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into 823 the list of definitions in alphabetical order and read as follows: 824 DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified 825 development that contains a minimum of two and a maximum of eight detached dwelling 826 units with each unit appearing to be a small single-family dwelling with a common green or 827 open space. Dwellings may be located on separate lots or grouped on one lot. 828 829 SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee 830 Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the 831 attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule 832 shall be published on the official Salt Lake City website. 833 SECTION 21. Effective Date. The city recorder is hereby directed to publish this ordinance 834 forthwith but it will not become effective until April 30, 2024. 835 Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 836 202__. 837 838 ______________________________ 839 CHAIRPERSON 840 ATTEST AND COUNTERSIGN: 841 842 ______________________________ 843 CITY RECORDER 844 845 846 33 LEGISLATIVE DRAFT 847 848 849 Transmitted to Mayor on _______________________. 850 851 852 Mayor’s Action: _______Approved. _______Vetoed 853 854 855 ______________________________ 856 MAYOR 857 858 ______________________________ 859 CITY RECORDER 860 861 (SEAL) 862 863 Bill No. ________ of 202__. 864 Published: ______________.865 Ordinance creating affordable housing incentives866 34 LEGISLATIVE DRAFT 867 EXHIBIT A 868 869 Service Fee Additional Information Section Affordable Housing Incentives Fines Noncompliance violation $100/affordable unit/day Plus rental difference 21A.20.040.B 870 ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL 08/08/2023________________________ Lisa Shaffer (Aug 8, 2023 16:33 MDT) Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _0_8_/0_8_/_2_0_2 3_________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: August 7, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Affordable Housing Incentives STAFF CONTACT: Sara Javoronok, AICP Senior Planner sara.javoronok@slcgov.com, 801-535-7625 DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council amend the text of the zoning ordinance as recommended by the Planning Commission. BUDGET IMPACT: None. However, implementation of the amendments may require additional staff and resources. BACKGROUND/DISCUSSION: Former Mayor Jackie Biskupski initiated the text amendment in 2019. The Affordable Housing Incentives (AHI) are proposed for the city’s zoning code to incentivize and reduce barriers for affordable housing. The proposed amendments include the following if requirements for affordable units are met: • Permit administrative design review and additional building height between 1-3 stories, depending on the zone, in various zoning districts that permit multifamily housing. • Remove the Planned Development requirement for specific modifications and for development in the CS zoning districts. • Permit an additional story in the TSA Transition zoning districts and two stories in the TSA Core zoning districts. 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 • Allow additional housing types in the CG (General Commercial), CC (Community Commercial), and CB (Community Business) zoning districts. • Allow housing on Institutional zoned land. • Remove the density requirements in the RMF zoning districts. • Allow townhouses, 3-4 unit buildings, a second detached dwelling when an existing dwelling is maintained, and cottage developments on properties that are currently zoned for single- or two-family homes. Permit twin and two-family homes in these zoning districts where they are not currently allowed. The project was initiated in 2019 to address increasing concerns regarding housing affordability and to implement Growing SLC. Initial outreach on the proposal included an online survey in late 2019/early 2020. From the initial survey results, staff developed a draft framework for the AHI that serves as the basis for the current proposal. Staff requested additional feedback from the community in a survey on the draft framework. Based on this feedback, developed draft the initial AHI text amendments. Staff presented these initial draft amendments to the community in the spring of 2022 and to the Planning Commission and public at a hearing in May 2022. Following the hearing, staff worked with developers and a focus group convened by the Office of the Mayor to address and revise the draft based on the issues raised. The revisions also incorporate changes from the now adopted RMF-30 and pending Downtown Building Heights text amendments. Staff presented a revised draft to the Planning Commission for discussion on March 22, 2023 and March 29, 2023. The Historic Landmark Commission held a work session on April 6, 2023. The Planning Commission held a public hearing and made a recommendation to the City Council on April 26, 2023. The Planning Commission added a condition that the incentives be analyzed 24 months after approval with a full report of the costs and benefits of the implementation to the Planning Commission. PUBLIC PROCESS: The following is a list of public meetings that have been held, and other public input opportunities, related to the proposed project since the application was initiated: Online Surveys and Comment Form: • December-January 2020 – Planning staff posted an initial survey seeking feedback on housing issues. Over 2,100 people responded. • July 2020 – Planning staff presented a draft proposal in a Story Map and sought feedback on the proposal. Nearly 300 people responded. • February 2022 – Planning staff posted the draft amendments and sought feedback through a comment form. Approximately 130 people responded. • March 2023 – Planning staff posted an updated draft of the proposed amendments and sought feedback through the comment form. Two people responded for a total of approximately 175 since February 2022. Developer Discussions: Planning staff met with several affordable housing developers in 2019 to discuss issues and obstacles to building affordable housing in the community and how zoning may be able to address them. Developers generally indicated that by right processes were best, there should be parking reductions especially for lowest incomes, density limits made development difficult in the RMF districts, additional height was needed in many zoning districts, and there was a preference for form-based zoning districts. Staff requested feedback from developers on the draft proposal and generally heard that the incentives would allow them to construct more units and that the incentives in the single-family zoning districts may encourage smaller developers to construct units. Recognized Community Organization Notice and Meetings: • June 25, 2020 – The 45-day required notice for recognized community organizations was sent citywide. o July 20, 2020 – Planning staff discussed the proposal at the Sugar House Land Use and Zoning meeting (Zoom). o August 6, 2020 – Planning staff discussed the proposal at the Ball Park Community Council meeting (Zoom). • March 3, 2022 – The 45-day required notice for recognized community organizations was sent citywide. o March 16, 2022 – Planning staff discussed the proposal at the East Bench Community Council meeting (Zoom). Members expressed concerns with loss of views, view easements, and wanted to be notified of potential projects in the neighborhood. o March 21, 2022 - Planning staff discussed the proposal at the Sugar House Land Use Committee meeting (Zoom). Members expressed concerns with additional housing types proposed, especially in the Highland Park neighborhood, lack of parking, lack of utility capacity, loss of neighborhood character, increase in rental housing, and desire for the proposal to be implemented as a smaller, pilot program. o April 7, 2022 – Planning staff discussed the proposal at the Ball Park Community Council meeting (Zoom). Community members want to see more owner-occupied housing in the neighborhood, expressed concerns with additional height in the FB districts, have concerns with existing parking requirements in the FB zones, and have general parking and safety concerns. o April 13, 2022 – Planning staff discussed the proposal at the Jordan Meadows/Westpointe Community Council meeting (Zoom). Community members asked questions about parking and how the increased number of students and increased park usage would be addressed. o April 14, 2022 – Planning staff discussed the proposal at the Yalecrest Community Council meeting (Zoom). Community members asked questions about historic districts and how the proposal would affect them, required parking, accessory dwelling units, rental units, and neighborhood character. o May 4, 2022 – Planning staff discussed the proposal at the Greater Avenues Community Council meeting (Zoom). Community member questions included affordability levels, the Planning Commission meeting and how to submit comments if not able to attend, and the monitoring of the deed restricted properties. o March 16, 2023 – Planning staff discussed the proposal at the Salt Lake City Community Network meeting (Zoom). Open Houses and Virtual Events: • July 9, 2020 – Facebook Live Q&A – Planning staff hosted an AMA/Q&A discussion on Facebook. It reached 4,365 people with 1,423 3-second video views and 52 comments. • February 16, 2022 – Facebook Live Q&A – Planning staff hosted an AMA/Q&A discussion on Facebook. It reached 772 people with 401 3-second video views and 71 reactions, shares, and comments. • April 5, 2022 – Virtual Office Hours (Zoom) – Planning staff hosted an open Zoom meeting to answer questions. There were no attendees. • April 5, 2022 – Open House (Sugar House Fire Station #3) – Planning staff hosted an open house to provide information and answer questions on the proposal. Seven people attended. • April 12, 2022 – Open House (Unity Center) – Planning staff hosted an open house to provide information and answer questions on the proposal. Three people attended. • April 14, 2022 – Virtual Office Hours (Zoom) – Planning staff hosted an open Zoom meeting to answer questions. No one attended. • April 19, 2022 – Open House (Riverside Park) – Planning staff hosted an open house to provide information and answer questions on the proposal. No one attended. • April 21, 2022 – Open House (Lindsey Gardens Park) – Planning staff hosted an open house to provide information and answer questions on the proposal. One person attended. The Glendale and Sugar House Community Councils submitted letters. Community Notification: The City Council office sent a flyer to commercial and residential addresses in the city and owners that live outside of Salt Lake City. It identified housing initiatives in the city and highlighted this proposal. A total of 99,832 were sent. Focus Group: The Office of the Mayor convened a focus group that included 15-20 members. It was comprised of neighborhood leaders, developers, policy advisors, and housing advocates. The group reviewed and discussed topics with the most community concerns over four meetings in the fall and winter of 2022. They made several recommended changes to proposal detailed in the planning staff’s report. Planning Commission (PC) Records a) PC Agenda of May 11, 2022 (Click to Access) b) PC Minutes of May 11, 2022 (Click to Access) c) Planning Commission Staff Report of May 11, 2022 (Click to Access Report) d) PC Agenda of March 22, 2023 (Click to Access) e) PC Minutes of March 22, 2023 (Click to Access) f) Planning Commission Memo of March 22, 2023 (Click to Access Memo) g) PC Agenda of March 29, 2023 (Click to Access) h) PC Minutes of March 29, 2023 (Click to Access) i) PC Agenda of April 26, 2023 (Click to Access) j) PC Minutes of April 26, 2023 (Click to Access) k) Planning Commission Staff Report of April 26, 2023 (Click to Access Report) Attachment E EXHIBITS: 1) Ordinance: Final and Legislative Versions 2) Project Chronology 3) Notice of City Council Public Hearing 4) Petition Initiation Request 5) Additional Department Comments 6) Public Comment Received after the Planning Commission Staff Report was Published 1. ORDINANCE SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code establishing a chapter for zoning incentives and adding affordable housing incentives) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing incentives. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing incentives; and WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; and WHEREAS, the City Council requests a report on costs and benefits of implementation of the affordable housing incentives 24 months following adoption; and WHEREAS, after a public hearing on this matter the City Council has determined 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 Section 21A.20.040. That Section 21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is amended to read as follows: 1 A. If the violations are not corrected by the citation deadline, civil fines shall accrue at twenty five dollars ($25.00) a day per violation for those properties legally used for purposes that are solely residential uses, and one hundred dollars ($100.00) a day per violation for those properties used for purposes that are not residential uses. B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule per day per violation. If the violation(s) include renting an affordable rental unit in excess of the approved rental rate then an additional monthly fine shall accrue that is the difference between the market rate of the unit and the approved rental rate that is agreed to by the applicant at the time of approval for a project using the incentives. SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000 Single-family Residential District) shall be and hereby is amended to read as follows: A.Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is to provide for single-family residential dwellings and affordable housing incentives developments with up to four units on lots twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas of the City as identified in the applicable community Master Plan. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000 Single-family Residential District) shall be and hereby is amended to read as follows: A.Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to provide for single-family residential dwellings and affordable housing incentives developments with up to four units on lots not less than seven thousand (7,000) square feet in size. This district is appropriate in areas of the City as identified in the applicable community Master Plan. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000 Single-family Residential District) shall be and hereby is amended to read as follows: 2 A.Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to provide for single-family residential dwellings and affordable housing incentives developments with up to four units on lots not less than five thousand (5,000) square feet in size. This district is appropriate in areas of the City as identified in the applicable community Master Plan. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and Two-family Residential District) shall be and hereby is amended to read as follows: A.Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District is to preserve the character of existing neighborhoods which exhibit a mix of predominantly single- and two-family dwellings. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play and to promote sustainable and compatible development patterns. SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU Residential/Mixed Use District) shall be and hereby is amended to read as follows: F.Maximum Building Height: The maximum building height shall not exceed seventy five feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1 and F2 of this section. 1. 2. Maximum height for nonresidential buildings: Forty five feet (45'). Maximum floor area coverage of nonresidential uses in mixed use buildings of residential and nonresidential uses: Three (3) floors. SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and all notes thereto shall remain and are not amended herein): 2.Building Height: The minimum and maximum building heights are found in table 21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The minimum 3 building height applies to all structures that are adjacent to a public or private street. The building shall meet the minimum building height for at least fifty percent (50%) of the width of the street facing building wall. SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table 21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form Based Special Purpose Corridor District) shall be and hereby is amended to read as follows: TABLE 21A.27.040.Cꢀ FB-SC BUILDING FORM STANDARDSꢀ Permitted Building Forms Multi-Family And Storefront ꢀ H ꢀ Maximum building height ꢀMaximum building height in the FB-SC is 60 ft. Limitation on commercial uses Commercial or nonresidential uses are limited to the first 3 stories and a height of 45 ft. This limitation does not apply to hotel/motel uses, which are limited to the maximum height of 75 ft. F Front and corner Greenway Minimum of 5 ft. Maximum of 15 ft. side yard setback Neighborhood Minimum of 15 ft. Maximum of 25 ft. Avenue Boulevard Minimum of 5 ft. Maximum of 10 ft. Minimum of 15 ft. Maximum of 25 ft. B Required built-to Minimum of 50% of any street facing facade shall be built to the minimum setback line. At least 10% of any street facing facade shall be built to the maximum setback line. S Interior side yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. R Rear yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. L Minimum lot size 4,000 sq. ft.; not to be used to calculate density. 4 W Minimum lot width 50 ft. DU Dwelling units per building form No minimum or maximum. Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of lot area provided all building forms have frontage on a street. SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Residential Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 5 Use Permitted And Conditional Uses By District FR-1/ FR-2/ FR-3/R-1/R-1/R-1/ SR- SR- SR- R- RMF- RMF- RMF- RMF- RB R-R-R- RO 43,560 21,780 12,000 12,000 7,000 5,000 1 2 3 2 30 35 45 75 MU- MU- MU 35 P 45 PAffordable Housing P P P P P P P P P P P P P P P P Incentives Development 6 SECTION 10. 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 only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 7 Use Permitted and Conditional Uses by District CN P CB P CS1 P CC P CSHBD1 CG P SNB PAffordable Housing P Incentives Development 8 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Transit Station Area Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 9 Use Permitted And Conditional Uses By District TSA-UN TSA-MUEC Core Transition Core Transition TSA-UC Transition TSA-SP Core TransitionCore Affordable Housing Incentives Development P P P P P P P P 10 SECTION 12. 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 only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: Use Permitted And Conditional Uses By District D-1 P D-2 P D-3 P D-4 PAffordable Housing Incentives Development SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for the Gateway District, which use category shall read and appear in that table as follows: Use G-MU Affordable Housing Incentives Development P SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Special Purpose Districts, which use category shall read and appear in that table as follows: 11 Use Permitted and Conditional Uses by District RP BP FP AG AG-2 AG-5 AG-20 OS NOS PL PL-2A I UI MH EI MU Affordable Housing P Incentives Development 12 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Form Based Districts, which use category shall read and appear in that table as follows: [Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Use Permitted Uses By District FB-UN1 P FB-UN2 FB-UN3 P FB-SC FB-SE PAffordable Housing Incentives Development P P [Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should be codified.] Use Permitted Uses By District FB-UN1 P FB-UN2 P FB-SC P FB-SE PAffordable Housing Incentives Development SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new Chapter 21A.52 Zoning Incentives and shall read as follows: 21A.52.010 PURPOSE: The purpose of this chapter is to establish zoning incentives to support achieving adopted goals within the City’s adopted plans and policy documents. 21A.52.020 APPLICABILITY: This chapter applies as indicated within each subsection. 21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY ZONING DISTRICTS: 13 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district standards and requirements take precedence except as indicated in this section. 21A.52.040 APPROVAL PROCESS: Any process required by this title shall apply to this chapter unless specifically exempt or modified within this chapter. A. B. C. The Planned Development process in 21A.55 may be modified as indicated within this chapter. The Design Review process in 21A.59 may be modified as indicated within this chapter. Developments authorized by this chapter are exempt from 21A.10.020.B.1. 21A.52.050 AFFORDABLE HOUSING INCENTIVES: A.Purpose: The Affordable Housing Incentives encourage the development of affordable housing. The provisions within this section facilitate the construction of affordable housing by allowing more inclusive development than would otherwise be permitted in the base zoning districts. Housing constructed using the incentives is intended to be compatible in form with the neighborhood and provide for safe and comfortable places to live and play. B.Applicability: The provisions in this section provide optional incentives to development projects that include affordable housing units. Unless specifically stated below, all other applicable provisions in the base zoning district or overlay districts shall apply. C. D. Uses: Additional housing types are allowed in zones subject to compliance with this section. Reporting and Auditing: Property owners who use the incentives of this chapter are required to provide a report that demonstrates compliance with this section and any additional approvals associated with the use of incentives. The report shall be submitted annually by April 30th and shall be reflective of the financial status at the end of the previous calendar year. The report shall be submitted to the Director of Community and Neighborhoods or successor. 1. Annual Report and Auditing: Each property owner shall submit a report that demonstrates compliance with this chapter. a. If applicable, the property owner shall submit a copy of the annual report(s) provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, Housing Authority of Salt Lake City, Housing Connect, or similar funding source as determined by the Department of Community and Neighborhoods, or successors, confirming compliance with affordable housing conditions, including tenant income and rent rates. b. If an annual report is not submitted as required in 21A.52.050.D.1.a above, the property owner shall provide a report that includes, but is not limited to the following: (1) The property location, tax ID number, and legal description. (2) Property owner name, mailing address, and email address. (3) Information on the dwelling units and tenants of the property receiving the incentives that includes: 14 (A) The total number of dwelling units (B) The number of bedrooms of each dwelling unit (C) The rental rate of each dwelling unit (D)Identify the dwelling units that comply with the level of affordability identified in the approval to use the incentives and a statement that the dwelling units are in compliance with the approval requirements. (E) Identify any change in occupancy to the units that are required to be affordable under this section, including a change in the number of people residing in each unit and any change in tenant. Personal data is not required to be submitted. (F) Confirm that income verification for all tenants was performed on an annual basis. (G)Identify any differences in rent between the agreed upon rental rate in the approval to use the incentives and the actual rent received for the identified affordable dwelling units. (H)Identify any instance where an affordable dwelling unit was no longer rented at the agreed upon level of affordability, the length of time the dwelling unit was not in compliance with the agreed upon level of affordability, and any remedy that was taken to address the noncompliance. 2. Review of Annual Report: The Director of Community and Neighborhoods shall review the report to determine if the report is complete. 3. Within 30 days of receipt of a complete report, the Director of Community and Neighborhoods shall provide the property owner with written notice that: a. Identifies whether the property is in compliance. b. Identify any deficiency in the information provided by the owner. c. Assesses any penalty that is due as a result of an identified noncompliance. 4. After receipt of the notice from the Director of Community and Neighborhoods that indicates noncompliance, the property owner shall: a. Cure the identified noncompliance within 30 days of such notice and concurrently submit an updated report of then-current operations of the property that demonstrates compliance; or (1) Property owners can request an extension in writing prior to the expiration of the 30-day cure period identified above. The request shall include an explanation of the efforts to correct the non-compliance and the reason the extension is needed. The Director of Community and Neighborhoods will review and determine if the timeframe and extension are appropriate and whether or not fines shall be stayed during any approved extension. Upon expiration of the extension granted by the Director the property owner shall submit an updated report of then-current operations of the property that demonstrates compliance. b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any noncompliance within 14 days of achieving compliance. Any fine or fee shall 15 be assessed from the first identified date that the property is not in compliance. 5. The city may contract with another entity for review of the requirements in this section. 6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20, except as set forth below in 21A.52.050.E. E.Enforcement: Violations of this Chapter, or the restrictive covenant on the property as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to 21A.20. The city shall have the additional remedies for violations as set forth below. 1. Lien on Property. If the property owner fails to make payment of the outstanding fines, then after 90 days or when fines reach $5,000, the division will issue a statement of outstanding fines. If the property owner fails to make payment within 14 days, then the division may certify the fines set forth in the statement to the Salt Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount entered shall have the force and effect of a valid judgment of the district court, is a lien on the property, and shall be collected by the treasurer of the county in which the property is located at the time of the payment of general taxes. Upon payment of the amount set forth in the statement, the judgment is satisfied, the lien is released from the property, and receipt shall be acknowledged upon the general tax receipt issued by the treasurer. 2. Revocation of Business License. Upon a determination of the division that the property is in violation of this Chapter the city may suspend or revoke the business license associated with the property. Any suspension or revocation of a license shall not be imposed until a hearing is first held before the Director of Community and Neighborhoods or his/her successor. The licensee shall be given at least 14 days’ notice of the time and place of the hearing, together with the nature of the charges against the licensee. The licensee may appear in person or through an officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to confront and cross-examine witnesses. The Director of Community and Neighborhoods shall make a decision based upon the evidence introduced at the hearing and issue a written decision. The licensee may appeal to an appeals hearing officer and thereafter to district court pursuant to 21A.16. If the license is revoked or suspended it shall thereafter be unlawful for any person to engage in or use, or permit to be used any property for any business with respect to which the license has been suspended or revoked until a license shall be granted upon appeal or due to the property’s compliance with this Chapter. No person whose license has been revoked, and no person associated or connected with such person in the conduct of such business, shall be granted a license for the same purpose for a period of six months after the revocation has occurred. The Director may, for good cause, waive the prohibition against persons formerly associated or connected with an individual who has had a license revoked. F.Eligibility Standards: Developments shall meet the criteria below to be eligible for the authorized incentives: 16 1.Restrictive Covenant Required: a.Any owner who uses the incentives of this chapter shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. Prior to the issuance of a building permit for construction of a building using the incentives, the restrictive covenant shall be filed with the Salt Lake County Recorder. The agreement shall provide for the following, without limitation: acknowledge the use of the incentives, the nature of the approval and any conditions thereof, the affordability requirements, the terms of compliance with all applicable regulations, shall guarantee compliance for a term of 30 years, and the potential enforcement actions for any violation of the agreement. The agreement shall be recorded on the property with the Salt Lake County Recorder, guarantees that the affordability criteria will be met for at least 30 years, and is transferrable to any future owner. b.For an affordable homeownership unit, a notice of sale shall be provided to the city and the city shall have a right of first refusal to any sale of the property in accordance with a future sales price that is capped to comply with section 21A.52.050.F.2.b.2 below. 2.The affordable units shall be both income and rent/housing payment restricted. a.Income Restriction - The affordable units shall be made available only to Eligible Households that are qualifying occupants with an annual income at or below the SLC Area Median Income (“AMI”) as applicable for the given affordable unit for Salt Lake City Utah, U.S. Department of Housing and Urban Development (“HUD”) Metro FMR Area (as periodically determined by the HUD and adjusted for household size). b.Rent/Housing Payment Restriction (1)For an affordable rental unit, the monthly rent, including all required housing costs per unit, such as utilities and other charges uniformly assessed to all apartment units other than charges for optional services, shall be set forth in a written lease and shall not exceed, for the term of the lease, the maximum monthly gross rental rate published annually by the Utah Housing Corporation for affordable units located in Salt Lake City for the percentage AMI as applicable for the given affordable unit type. (2)For an affordable homeownership unit, the annualized housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for the AMI as applicable for the given affordable 17 unit, assuming a household size equal to the number of bedrooms in the unit plus one person. 3. 4. Comparable units: Affordable units shall be comparable to market rate units in the development including entrance location, dispersion throughout the building or site, number of bedrooms (unless otherwise permitted), access to all amenities available to the market rate units in the development, or as set forth in the terms of the restrictive covenant. This section does not apply to units in single- and two-family zoning districts. The property owner shall be ineligible for affordable housing incentives pursuant to this Chapter if the property owner or its principals, partners, or agents are under enforcement for any violation of title 11, 18, 20, or 21. G.Incentives: Developments are eligible for the incentives identified in this section. Table 21A.52.050.G establishes the affordability requirements based on the zoning district of the property. Sections 1 through 4 establish the modifications allowed within each zoning district in order to be eligible for the affordability incentives. To use the incentives, developments shall comply with the criteria applicable to the base zoning districts. Table 21A.52.050.G Incentive Types Types Incentive Type A. Applicable to the single- and Dwelling units shall meet the requirements for an two-family zoning districts: FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3. affordable rental or homeownership unit affordable to those with incomes at or below 80% AMI. New construction: At least 50% of the provided dwelling units shall be affordable. Existing building maintained: A minimum of one of the dwelling units shall be affordable provided the existing building is maintained as required in 21A.52.050.H.1.c. Type B. Applicable to residential multifamily zoning districts: RMF- 30, RMF-35, RMF-45, and RMF-75 An affordable rental unit shall meet a minimum of at least one of the following affordability criteria: 1. 40% of units shall be affordable to those with incomes at or below 60% AMI; 2. 20% of units shall be affordable to those with incomes at or below 50% AMI; or 3. 40% of units shall be affordable to those with incomes averaging no more than 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. For sale owner occupied units: An affordable homeownership unit shall provide a minimum of 50% of units affordable to those with incomes at or below 80% AMI. 18 Type C. Applicable to zoning districts not otherwise specified. Affordable rental or homeownership units shall meet a minimum of at least one of the affordability criteria identified. Any fractional number of units required shall be rounded up to the nearest whole number. 1. 20% of units are restricted as affordable to those with an income at or below 80% AMI; 2. 10% of units are restricted as affordable to those with an income at or below 60% AMI; 3. 10% of units are restricted as affordable to those with an average income at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI; 4. 5% of units are restricted as affordable to those with an income at or below 30% AMI; 5. 10% of units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have two or more bedrooms; 6. 5% of units are restricted as affordable to those with an income at or below 60% AMI when the affordable units have two or more bedrooms; or 7. 5% of the units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have three or more bedrooms. 1. Single- and Two-Family Zoning Districts: The following housing types: twin home and two-family, three-family dwellings, four-family dwellings, row houses, sideways row houses, and cottage developments are authorized in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts provided the affordability requirements in for Type A in Table 21A.52.050.G are met. 2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying provisions for density found in the minimum lot area and lot width tables for the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the RMF-30 zoning district, the minimum lot size per dwelling unit does not apply, provided the affordability requirements for Type B in Table 21A.52.050.G are met. 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General Commercial, and I Institutional Zoning Districts: a.The following housing types: row houses, sideways row houses, and cottage developments are authorized in zoning districts provided the affordability requirements in subsection b. are complied with; 19 b.To be eligible for the incentives listed in this section, a development shall meet the affordability requirements for Type C in Table 21A.52.050.G. 4. The following incentives are authorized in zoning districts provided the affordability requirements for Type C in Table 21A.52.050.G are complied with: a.Administrative design review provided the noticing requirements of 21A.10.020.B and the standards in 21A.59 are met. Early engagement notice requirements to recognized organizations are not applicable. Additional building height as indicated in the following sections:b. (1) Residential districts: Permitted Maximum Height with IncentiveZoning District RMU-35 RMU-45 RB 45’ with administrative Design Review, regardless of abutting use or zone. 55’ with administrative Design Review, regardless of abutting use or zone. May build one additional story equal to or less than the average height of the other stories in the building. Density limitations listed in the land use table do not apply. RMU RO May build three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. May build one additional story equal to or less than the average height of the other stories in the building. (2)Commercial Districts: Zoning District SNB Permitted Maximum Height with Incentive May build one additional story equal to or less than the average height of the other stories in the building. CB CN CC CG May build one additional story equal to or less than the average height of the other stories in the building. May build one additional story equal to or less than the average height of the other stories in the building. 45’ with administrative Design Review; additional landscaping may be met by meeting requirements in 21A.52.050.H.3.c.5. May build two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. May build three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review for properties in the mapped area in Figure 21A.26.070.G. CSHBD1 CSHBD2 105’ and two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. 60’ with administrative Design Review and one additional story equal to or less than the average height of the other stories in the building with administrative Design Review. 20 TSA- Transition May build one additional story equal to or less than the average height of the other stories in the building with administrative review. TSA-Core May build two additional stories equal to or less than the average height of the other stories in the building with administrative review. (3)Form-based districts: [Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Zoning District Permitted Maximum Height with Incentive FB-UN3 125’ and three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. May build one additional story equal to the average height of the other stories in the building. May build one additional story equal to the average height of the other stories in the building. FB-UN2 FB-SC FB-SE May build one additional story equal to the average height of the other stories in the building. FB-UN1 May build up to three stories and 30’ in height. [Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should be codified.] Zoning District Permitted Maximum Height with Incentive FB-UN2 May build one additional story equal to the average height of the other stories in the building. FB-SC FB-SE May build one additional story equal to the average height of the other stories in the building. May build one additional story equal to the average height of the other stories in the building. FB-UN1 May build up to three stories and 30’ in height. (4)Downtown districts: Zoning District D-1 Permitted Maximum Height with Incentive Administrative Design Review is permitted when a Design Review process is required. D-2 D-3 Two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. Three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. 21 D-4 Three additional stories equal to or less than the average height of the stories permitted with administrative Design Review. 375’ and administrative Design Review in mapped area in 21A.30.045.E.2.b. (5)Other districts: Zoning District GMU Permitted Maximum Height with Incentive Two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. MU 60’ with residential units and administrative Design Review. c.Administrative Design Review is permitted for the following: (6)Buildings in the CSHBD1 and CSHBD2 zoning district that exceed 20,000 square feet in size. (7)Buildings in the CB zoning district that exceed 7,500 gross square feet of floor area for a first-floor footprint or in excess of 15,000 gross square feet floor area. 5. Planned Developments: A Planned Development is not required when the purpose of the planned development is due to the following reasons cited below, subject to approval by other city departments. If a development proposes any modification that is not listed below, planned development approval is required. To be eligible for the incentives in this section, a development shall meet the affordability requirements for the applicable zoning district in Table 21A.52.040. a.Multiple Buildings on a Single Parcel: More than one principal building may be located on a single parcel and are allowed without having public street frontage. This allowance supersedes the restrictions of 21A.36.010.B; b. c. d. Principal buildings with frontage on a paved public alley; Principal buildings with frontage on a private street; Development located in the Community Shopping (CS) “Planned Development Review” in 21A.26.040.C. H.Development Regulations: The following development regulations are intended to provide supplemental regulations and modify standards of the base zoning district for the purpose of making the affordable housing incentives more feasible and compatible with existing development. Base zoning standards apply unless specifically modified by this section and are in addition to modifications authorized in subsection 21A.52.050.G. If there are conflicts with design standards, the more restrictive regulation shall apply and take precedence. These standards are not allowed to be modified through the planned development process. 1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts: a.Parking: Unless there is a lesser parking requirement in 21A.44, only one off-street parking space per unit is required. One detached garage 22 or covered parking space, no greater than 250 sq. ft. per unit, may be provided for each unit and these structure(s) may exceed the yard and building coverage requirements for accessory structures. When covered parking is provided, the 250 sq. ft. per unit of covered parking may be combined into a single structure for each required parking stall provided. b. c. Yards: Minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development. Density: (1)Lots approved through a planned development prior to the effective date of this chapter are required to go through a major modification of the planned development to use the incentives. Lots may contain up to four units. Existing lots may be divided such that each unit is on its own lot. The new lots are exempt from minimum lot area, lot width, and lot frontage requirements. (2) (3) (4) An accessory dwelling unit (ADU) is considered one unit and counts toward the number of units permitted. Arrangement of dwellings: (A)New dwelling units may be arranged in any manner within a building, as a second detached dwelling, as attached units, or a cottage development with three or more detached dwellings, within the buildings that are part of the cottage development. (B)When an existing building is maintained, new units may be added internal to the existing structure, as an addition, or as a second detached dwelling. Any addition must comply with the standards of the base zoning district; however, the addition may contain additional units. 50% of the exterior walls of the existing dwelling, including the front elevation, shall remain as exterior walls. (C)The units shall comply with this section, applicable requirements of the base zoning district, and any applicable overlay district. 2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the following provisions shall apply: a.Unit Mix: No more than 25% of the units in the development shall be less than 500 square feet to promote a mix of unit sizes. Parking: Unless there is a lesser parking requirement in 21A.44, only one off-street parking space per unit is required in multifamily developments with less than 10 units. b. 23 c.Yards: The minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development. d.Lot width: Minimum lot width requirements do not apply. 3. In addition to applicable requirements in 1. and 2. above, the following provisions apply to the specific building types listed: a.Row house and Sideways row house (1) Perimeter yard requirements: (A) Front yards: The front yard and corner side yard of the base zoning district apply. (B) Side yards: A minimum of 10 feet on one side of the building and 6 feet on the other interior side yard unless a greater yard is required by the base zoning district (C) Rear yard: The rear yard of the base zoning district applies. (2) Number of Units: To qualify for incentives in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR- 1A zoning districts there is a minimum of three and a maximum of four residential dwelling units per building. (3) Building length facing street: (A) The building length shall not exceed 60 feet or the average of the block face, whichever is less, in FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R- 2, SR-1, and SR-1A districts; (B) The building length shall not exceed 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts; and (C) The building length shall not exceed 175 feet in other zoning districts. (4) Building entry facing street: At least one operable building entrance on the ground floor is required for each unit facing the primary street facing façade. All units adjacent to a public street shall have the primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. The entry feature may encroach in the front yard setback, but the encroachment shall not be closer than 5 feet from the front property line. (5) Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the Planning Director if it is found that the 24 proposed material is durable and is appropriate for the structure. (6) Parking requirement and location: Unless there is a lesser parking requirement in 21A.44, only one off-street parking space per unit is required. All provided parking shall be located to the side of the street facing building façade, behind a principal structure that has frontage on a street, or within the principal structure subject to any other applicable provision. (7) Garage doors facing street: Garage doors are prohibited on the façade of the building that is parallel to, or located along, a public street. (8) Personal outdoor space: Each unit shall have a minimum outdoor space of 60 square feet where the minimum measurement of any side cannot be less than 6 feet. (9) Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass. (10) Blank wall: The maximum length of any blank wall uninterrupted by windows, doors, or architectural detailing at the ground floor level along any street facing façade is 15’. (11) Screening of mechanical equipment: All mechanical equipment shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in section 21A.36.020, table 21A.36.020B, “Obstructions In Required Yards” of this title. Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House 25 b.Cottage Development (1) Perimeter yard requirements: (A) Front yards: The front yard and corner side yard of the base zoning district apply. (B) Side yards: A minimum of 10 feet on one side of the property line and 6 feet on the other interior side yard, unless a greater yard is required by the base zoning district. (C) Rear yard: The rear yard of the base zoning district applies. (2) Setbacks Between Individual Cottages: All cottages shall have a minimum setback of eight feet from another cottage. (3) Area: No cottage shall have more than 850 square feet of gross floor area, excluding basement area. There is no minimum square foot requirement. (4) Building Entrance: All building entrances shall face a public street or a common open space. (5) Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the Planning Director if it is found that the 26 proposed material is durable and is appropriate for the structure. (6) (7) Open Space: A minimum of 250 square feet of common, open space is required per cottage. At least 50% of the open space shall be in a courtyard or other common, usable open space. The development shall include landscaping, walkways or other amenities intended to serve the residents of the development. Personal Outdoor Space: In addition to the open space requirement in this section, a minimum of 120 square feet of private open space is required per cottage. The open space shall provide a private yard area for each cottage and will be separated with a fence, hedge, or other visual separation to distinguish the private space. (8)Parking: Unless there is a lesser parking requirement in 21A.44, one off-street parking space per unit is required. All provided parking shall be located to the side of a street facing building façade, behind a principal structure that has frontage on a street, or within the principal structure subject to any other applicable provision. c. In addition to applicable requirements in 21A.52.050.H above, the following provisions apply to all other buildings containing more than two residential units. If the base zone has a greater design standard requirement, that standard applies. (1)Perimeter yard requirements: (A) Front yards: The front yard and corner side yard setback of the base zoning district apply. (B) Side yards: For housing types not otherwise allowed in the zoning district, a minimum of 10 feet on each side property line, unless a greater setback is required for single-family homes. (C) Rear yards: The rear yard of the base zoning district applies. (2)Building entrances: The ground floor shall have a primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. Stairs to second floor units are not permitted on street facing elevations. Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass. Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the Planning Director if it is found that the (3) (4) 27 proposed material is durable and is appropriate for the structure. (5)Open space: Open space area may include landscaped yards, patios, dining areas, and other similar outdoor living spaces. All required open space areas shall be accessible to all residents or users of the building. (A) Single- and two-family zoning districts: 120 sq. ft. of open space with a minimum width of 6 ft. shall be provided for each building with a dwelling. (B) All other zoning districts: A minimum of 10% of the land area within the development shall be open space, up to 5,000 square feet. Open space may include courtyards, rooftop and terrace gardens and other similar types of open space amenities. All required open space areas shall be accessible to all residents or users of the building. d. Single- and Two-family Dwellings: No additional design standards except as identified in 21A.24. e. Unit Limits: For overall development sites with more than 125 units, no more than 50% of units shall be designated as affordable units. f. Lots without public street frontage may be created to accommodate developments without planned development approval subject to the following standards: (1)Required yards shall be applied to the overall development site not individual lots within the development. The front and corner yards of the perimeter shall be maintained as landscaped yards; (2) (3) (4) Lot coverage shall be calculated for the overall development not individual lots within the development; and Required off street parking stalls for a unit within the development are permitted on any lot within the development. The subdivision shall be finalized with a final plat and the final plat shall document that the new lot(s) has adequate access to a public street by way of easements or a shared driveway or private street; and (5)An entity, such as a homeowner association, must be established for the operation and maintenance of any common infrastructure. Documentation establishing that entity must be recorded with the final plat. SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose Statements) shall be and hereby is amended to read as follows: 28 1. Affordable housing that meets the requirements of 21A.52.050. SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and hereby is amended to add the following terms in the list of defined terms to be inserted into that list in alphabetical order: Affordable Housing Affordable Housing Incentives Development Dwelling, Three-family Dwelling, Four-family Dwelling, Row House Dwelling, Sideways Row House Dwelling, Cottage Development SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and hereby is amended as follows: a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of “AFFORDABLE HOUSING” be added and inserted into the list of definitions in alphabetical order and read as follows: AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable, rent-restricted. The affordable units shall be made available only to individuals and households that are qualifying occupants at or below the applicable percentage of the area median income for the Salt Lake City Utah, U.S. Department of Housing and Urban Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as periodically determined by HUD and adjusted for household size) and published by the Utah Housing Corporation, or its successor. Affordable (30% of gross income for housing costs, including utilities) housing units must accommodate at least one of the following categories: a. Extremely Low-Income Affordable Units: Housing units accommodating up to 30% AMI; b. Very Low-Income Affordable Units: Housing units accommodating up to greater than 30% and up to 50% AMI; or c. Low-Income Affordable Units: Housing units accommodating greater than 50% and up to 80% AMI. 29 b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order and read as follows: AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that meets the criteria in 21A.52.050. c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of “DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, THREE-FAMILY: A detached building containing three dwelling units. d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of “DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, FOUR-FAMILY: A detached building containing four dwelling units. e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of “DWELLING, ROW HOUSE” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least one common wall with an adjacent dwelling unit and where the entry of each unit faces a public street. Units may be stacked vertically and/or attached horizontally. Each attached unit may be on its own lot. f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that share at least one common wall with an adjacent dwelling unit and where the entry of each 30 unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or attached horizontally. Each attached unit may be on its own lot. g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified development that contains a minimum of two and a maximum of eight detached dwelling units with each unit appearing to be a small single-family dwelling with a common green or open space. Dwellings may be located on separate lots or grouped on one lot. SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule shall be published on the official Salt Lake City website. SECTION 21. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER 31 Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed ______________________________ MAYOR ______________________________ CITY RECORDER APPROVED AS TO FORM Salt Lake City Attorney’s Office (SEAL) July 7, 2023 Date:___________________________Bill No. ________ of 2023. Published: ______________.By: ________ Katherine D. Pasker, Senior City Attorney Ordinance creating zoning incentives and affordable housing incentives 32 EXHIBIT A Service Fee Additional Information Section Affordable Housing Incentives Fines Noncompliance violation $100/affordable Plus rental difference unit/day 21A.20.040.B 33 1 2 3 4 5 6 7 8 SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending various sections of the Title 21A of the Salt Lake City Code establishing a chapter for zoning incentives and adding affordable housing incentives) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing incentives. 9 10 11 12 13 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various 14 sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing 15 16 17 18 19 20 21 22 incentives; and WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; and WHEREAS, the City Council requests a report on costs and benefits of implementation of the affordable housing incentives 24 months following adoption; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance is in the city’s best interests. 23 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 24 25 26 SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section 21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is amended to read as follows: 1 27 28 29 30 31 32 33 34 35 36 37 38 A. If the violations are not corrected by the citation deadline, civil fines shall accrue at twenty five dollars ($25.00) a day per violation for those properties legally used for purposes that are solely residential uses, and one hundred dollars ($100.00) a day per violation for those properties used for purposes that are not residential uses. B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule per day per violation. If the violation(s) include renting an affordable rental unit in excess of the approved rental rate then an additional monthly fine shall accrue that is the difference between the market rate of the unit and the approved rental rate that is agreed to by the applicant at the time of approval for a project using the incentives. SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000 Single-family Residential District) shall be and hereby is amended to read as follows: 39 40 41 42 43 44 45 46 47 48 49 50 51 A.Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is to provide for conventional single-family residential dwellings and affordable housing incentives developments with up to four units on residential neighborhoods with lots twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas of the City as identified in the applicable community Master Plan. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That 52 53 Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000 Single-family Residential District) shall be and hereby is amended to read as follows: 54 55 56 57 58 59 60 61 62 63 A.Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to provide for conventional single-family residential dwellings and affordable housing incentives developments with up to four units on residential neighborhoods with lots not less than seven thousand (7,000) square feet in size. This district is appropriate in areas of the City as identified in the applicable community Master Plan. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. 2 64 65 66 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000 Single-family Residential District) shall be and hereby is amended to read as follows: 67 68 69 70 71 72 73 74 75 76 77 A.Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to provide for conventional single-family residential dwellings and affordable housing incentives developments with up to four units on residential neighborhoods with lots not less than five thousand (5,000) square feet in size. This district is appropriate in areas of the City as identified in the applicable community Master Plan. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That 78 79 Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and Two-family Residential District) shall be and hereby is amended to read as follows: 80 81 82 83 84 85 86 87 88 A.Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District is to preserve and protect for single-family dwellings the character of existing neighborhoods which exhibit a mix of predominantly single- and two-family dwellings by controlling the concentration of two-family dwelling units. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play and to promote sustainable and compatible development patterns. SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That 89 Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU 90 Residential/Mixed Use District) shall be and hereby is amended to read as follows: 91 92 93 94 95 96 97 98 99 100 F.Maximum Building Height: The maximum building height shall not exceed seventy five feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1 and F2 of this section. Buildings taller than seventy five feet (75'), up to a maximum of one hundred twenty five feet (125'), may be authorized through the design review process (chapter 21A.59 of this title) and provided, that the proposed height is located within the one hundred twenty five foot (125') height zone indicated in the map located in subsection F3 of this section. 1. 2. Maximum height for nonresidential buildings: Forty five feet (45'). Maximum floor area coverage of nonresidential uses in mixed use buildings of residential and nonresidential uses: Three (3) floors. 3 101 102 103 3.One hundred twenty five foot (125') height zone map for the R-MU District: 104 105 FIGURE 21A.24.170.F.3 106 107 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and all notes thereto shall remain and are not amended herein): 108 109 110 4 111 112 113 114 115 116 117 118 119 120 121 122 123 2.Building Height: The minimum and maximum building heights are found in table 21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The following exceptions apply: a. The minimum building height applies to all structures that are adjacent to a public or private street. The building shall meet the minimum building height for at least fifty percent (50%) of the width of the street facing building wall. b. Projects that achieve a development score that qualifies for administrative review are eligible for an increase in height. The increase shall be limited to one story of habitable space. The height of the additional story shall be equal to or less than the average height of the other stories in the building. This is in addition to the height authorized elsewhere in this title. SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table 124 125 21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form Based Special Purpose Corridor District) shall be and hereby is amended to read as follows: 126 127 TABLE 21A.27.040.Cꢀ FB-SC BUILDING FORM STANDARDSꢀ Permitted Building Forms Multi-Family And Storefront ꢀ H ꢀ Maximum building height ꢀMaximum building height in the FB-SC is 60 ft. An additional 15 ft. in height (for a total height of 75 ft.) may be permitted for residential uses if a minimum of 10% of the units areꢀ affordable housing. ꢀ Limitation on commercial uses Commercial or nonresidential uses are limited to the first 3 stories and a height of 45 ft. This limitation does not apply to hotel/motel uses, which are limited to the maximum height of 75 ft. F Front and corner Greenway side yard setback Minimum of 5 ft. Maximum of 15 ft. Neighborhood Minimum of 15 ft. Maximum of 25 ft. Avenue Boulevard Minimum of 5 ft. Maximum of 10 ft. Minimum of 15 ft. Maximum of 25 ft. B Required built-to Minimum of 50% of any street facing facade shall be built to the minimum setback line. At least 10% of any street facing facade shall be built to the maximum setback line. S Interior side yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no 5 minimum setback is required. See illustration below. R Rear yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. L Minimum lot size W Minimum lot width 4,000 sq. ft.; not to be used to calculate density. 50 ft. DU Dwelling units per building form No minimum or maximum. Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of lot area provided all building forms have frontage on a street. 128 129 130 131 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Residential Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 132 133 134 135 136 6 Use Permitted And Conditional Uses By District FR-1/ FR-2/ FR-3/ 43,560 21,780 12,000 12,000 7,000 5,000 R-1/R-1/R-1/ SR- SR- SR- R- RMF- RMF- RMF- RMF- RB R-R-R-RO P 1 2 3 2 30 35 45 75 MU- MU- MU 35 P 45 PAffordable Housing Incentives Development P P P P P P P P P P P P P P P 137 7 138 139 140 SECTION 10. 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 only to add the use 141 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional 142 143 Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 8 Use Permitted and Conditional Uses by District CN P CB P CS1 CC P CSHBD1 CG P SNB PAffordable Housing P P Incentives Development 145 9 146 147 148 149 150 151 SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Transit Station Area Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: 152 10 Use Permitted And Conditional Uses By District TSA-UN TSA-MUEC Core Transition Core Transition TSA-UC Transition TSA-SP Core TransitionCore Affordable Housing Incentives Development P P P P P P P P 153 11 154 155 156 157 158 159 SECTION 12. 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 only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the table, which use category shall read and appear in that table as follows: Use Permitted And Conditional Uses By District D-1 P D-2 P D-3 P D-4 PAffordable Housing Incentives Development 160 161 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for the Gateway District, which use category shall read and appear in that table as follows: 162 163 164 165 Use G-MU Affordable Housing Incentives Development P 166 167 168 169 170 171 SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Special Purpose Districts, which use category shall read and appear in that table as follows: 12 172 Use Permitted and Conditional Uses by District RP BP FP AG AG-2 AG-5 AG-20 OS NOS PL PL-2A I UI MH EI MU Affordable Housing P Incentives Development 173 13 174 175 176 177 178 SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional Uses for Form Based Districts, which use category shall read and appear in that table as follows: 179 180 [Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Use Permitted Uses By District FB-UN1 P FB-UN2 FB-UN3 P FB-SC FB-SE PAffordable Housing Incentives Development P P 181 182 183 184 [Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should be codified.] Use Permitted Uses By District FB-UN1 P FB-UN2 P FB-SC P FB-SE PAffordable Housing Incentives Development 185 186 187 188 SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new Chapter 21A.52 Zoning Incentives and shall read as follows: 189 21A.52.010 PURPOSE: 190 191 The purpose of this chapter is to establish zoning incentives to support achieving adopted goals within the City’s adopted plans and policy documents. 192 193 21A.52.020 APPLICABILITY: This chapter applies as indicated within each subsection. 194 195 21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY ZONING DISTRICTS: 14 196 197 Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district standards and requirements take precedence except as indicated in this section. 198 21A.52.040 APPROVAL PROCESS: 199 200 Any process required by this title shall apply to this chapter unless specifically exempt or modified within this chapter. 201 202 203 204 205 A. B. C. The Planned Development process in 21A.55 may be modified as indicated within this chapter. The Design Review process in 21A.59 may be modified as indicated within this chapter. Developments authorized by this chapter are exempt from 21A.10.020.B.1. 206 21A.52.050 AFFORDABLE HOUSING INCENTIVES: 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 A.Purpose: The Affordable Housing Incentives encourage the development of affordable housing. The provisions within this section facilitate the construction of affordable housing by allowing more inclusive development than would otherwise be permitted in the base zoning districts. Housing constructed using the incentives is intended to be compatible in form with the neighborhood and provide for safe and comfortable places to live and play. Applicability: The provisions in this section provide optional incentives to development projects that include affordable housing units. Unless specifically stated below, all other applicable provisions in the base zoning district or overlay districts shall apply. B. C. D. Uses: Additional housing types are allowed in zones subject to compliance with this section. Reporting and Auditing: Property owners who use the incentives of this chapter are required to provide a report that demonstrates compliance with this section and any additional approvals associated with the use of incentives. The report shall be submitted annually by April 30th and shall be reflective of the financial status at the end of the previous calendar year. The report shall be submitted to the Director of Community and Neighborhoods or successor. 1. Annual Report and Auditing: Each property owner shall submit a report that demonstrates compliance with this chapter. a. If applicable, the property owner shall submit a copy of the annual report(s) provided to Utah Housing Corporation, Olene Walker Housing Loan Fund, Housing Authority of Salt Lake City, Housing Connect, or similar funding source as determined by the Department of Community and Neighborhoods, or successors, confirming compliance with affordable housing conditions, including tenant income and rent rates. b. If an annual report is not submitted as required in 21A.52.050.D.1.a above, the property owner shall provide a report that includes, but is not limited to the following: (1) The property location, tax ID number, and legal description. (2) Property owner name, mailing address, and email address. (3) Information on the dwelling units and tenants of the property receiving the incentives that includes: 15 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 (A) The total number of dwelling units (B) The number of bedrooms of each dwelling unit (C) The rental rate of each dwelling unit (D)Identify the dwelling units that comply with the level of affordability identified in the approval to use the incentives and a statement that the dwelling units are in compliance with the approval requirements. (E) Identify any change in occupancy to the units that are required to be affordable under this section, including a change in the number of people residing in each unit and any change in tenant. Personal data is not required to be submitted. (F) Confirm that income verification for all tenants was performed on an annual basis. (G)Identify any differences in rent between the agreed upon rental rate in the approval to use the incentives and the actual rent received for the identified affordable dwelling units. (H)Identify any instance where an affordable dwelling unit was no longer rented at the agreed upon level of affordability, the length of time the dwelling unit was not in compliance with the agreed upon level of affordability, and any remedy that was taken to address the noncompliance. 2. Review of Annual Report: The Director of Community and Neighborhoods shall review the report to determine if the report is complete. 3. Within 30 days of receipt of a complete report, the Director of Community and Neighborhoods shall provide the property owner with written notice that: a. Identifies whether the property is in compliance. b. Identify any deficiency in the information provided by the owner. c. Assesses any penalty that is due as a result of an identified noncompliance. 4. After receipt of the notice from the Director of Community and Neighborhoods that indicates noncompliance, the property owner shall: a. Cure the identified noncompliance within 30 days of such notice and concurrently submit an updated report of then-current operations of the property that demonstrates compliance; or (1) Property owners can request an extension in writing prior to the expiration of the 30-day cure period identified above. The request shall include an explanation of the efforts to correct the non-compliance and the reason the extension is needed. The Director of Community and Neighborhoods will review and determine if the timeframe and extension are appropriate and whether or not fines shall be stayed during any approved extension. Upon expiration of the extension granted by the Director the property owner shall submit an updated report of then-current operations of the property that demonstrates compliance. b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any noncompliance within 14 days of achieving compliance. Any fine or fee shall 16 285 286 287 288 289 290 291 292 293 294 be assessed from the first identified date that the property is not in compliance. 5. The city may contract with another entity for review of the requirements in this section. 6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20, except as set forth below in 21A.52.050.E. E.Enforcement: Violations of this Chapter, or the restrictive covenant on the property as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to 21A.20. The city shall have the additional remedies for violations as set forth below. 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 1. Lien on Property. If the property owner fails to make payment of the outstanding fines, then after 90 days or when fines reach $5,000, the division will issue a statement of outstanding fines. If the property owner fails to make payment within 14 days, then the division may certify the fines set forth in the statement to the Salt Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount entered shall have the force and effect of a valid judgment of the district court, is a lien on the property, and shall be collected by the treasurer of the county in which the property is located at the time of the payment of general taxes. Upon payment of the amount set forth in the statement, the judgment is satisfied, the lien is released from the property, and receipt shall be acknowledged upon the general tax receipt issued by the treasurer. 2. Revocation of Business License. Upon a determination of the division that the property is in violation of this Chapter the city may suspend or revoke the business license associated with the property. Any suspension or revocation of a license shall not be imposed until a hearing is first held before the Director of Community and Neighborhoods or his/her successor. The licensee shall be given at least 14 days’ notice of the time and place of the hearing, together with the nature of the charges against the licensee. The licensee may appear in person or through an officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to confront and cross-examine witnesses. The Director of Community and Neighborhoods shall make a decision based upon the evidence introduced at the hearing and issue a written decision. The licensee may appeal to an appeals hearing officer and thereafter to district court pursuant to 21A.16. If the license is revoked or suspended it shall thereafter be unlawful for any person to engage in or use, or permit to be used any property for any business with respect to which the license has been suspended or revoked until a license shall be granted upon appeal or due to the property’s compliance with this Chapter. No person whose license has been revoked, and no person associated or connected with such person in the conduct of such business, shall be granted a license for the same purpose for a period of six months after the revocation has occurred. The Director may, for good cause, waive the prohibition against persons formerly associated or connected with an individual who has had a license revoked. 328 329 F.Eligibility Standards: Developments shall meet the criteria below to be eligible for the authorized incentives: 17 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 1.Restrictive Covenant Required: a.Any owner who uses the incentives of this chapter shall enter into a legally binding restrictive covenant, the form of which shall be approved by the city attorney. Prior to the issuance of a building permit for construction of a building using the incentives, the restrictive covenant shall be filed with the Salt Lake County Recorder. The agreement shall provide for the following, without limitation: acknowledge the use of the incentives, the nature of the approval and any conditions thereof, the affordability requirements, the terms of compliance with all applicable regulations, shall guarantee compliance for a term of 30 years, and the potential enforcement actions for any violation of the agreement. The agreement shall be recorded on the property with the Salt Lake County Recorder, guarantees that the affordability criteria will be met for at least 30 years, and is transferrable to any future owner. b.For an affordable homeownership unit, a notice of sale shall be provided to the city and the city shall have a right of first refusal to any sale of the property in accordance with a future sales price that is capped to comply with section 21A.52.050.F.2.b.2 below. 2.The affordable units shall be both income and rent/housing payment restricted. a. b. Income Restriction - The affordable units shall be made available only to Eligible Households that are qualifying occupants with an annual income at or below the SLC Area Median Income (“AMI”) as applicable for the given affordable unit for Salt Lake City Utah, U.S. Department of Housing and Urban Development (“HUD”) Metro FMR Area (as periodically determined by the HUD and adjusted for household size). Rent/Housing Payment Restriction (1)For an affordable rental unit, the monthly rent, including all required housing costs per unit, such as utilities and other charges uniformly assessed to all apartment units other than charges for optional services, shall be set forth in a written lease and shall not exceed, for the term of the lease, the maximum monthly gross rental rate published annually by the Utah Housing Corporation for affordable units located in Salt Lake City for the percentage AMI as applicable for the given affordable unit type. (2)For an affordable homeownership unit, the annualized housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for the AMI as applicable for the given affordable 18 375 376 377 378 379 380 381 382 383 384 385 386 unit, assuming a household size equal to the number of bedrooms in the unit plus one person. 3. 4. Comparable units: Affordable units shall be comparable to market rate units in the development including entrance location, dispersion throughout the building or site, number of bedrooms (unless otherwise permitted), access to all amenities available to the market rate units in the development, or as set forth in the terms of the restrictive covenant. This section does not apply to units in single- and two-family zoning districts. The property owner shall be ineligible for affordable housing incentives pursuant to this Chapter if the property owner or its principals, partners, or agents are under enforcement for any violation of title 11, 18, 20, or 21. 387 388 389 390 391 392 G.Incentives: Developments are eligible for the incentives identified in this section. Table 21A.52.050.G establishes the affordability requirements based on the zoning district of the property. Sections 1 through 4 establish the modifications allowed within each zoning district in order to be eligible for the affordability incentives. To use the incentives, developments shall comply with the criteria applicable to the base zoning districts. 393 Table 21A.52.050.G Incentive Types Types Incentive Type A. Applicable to the single- and Dwelling units shall meet the requirements for an two-family zoning districts: FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3. affordable rental or homeownership unit affordable to those with incomes at or below 80% AMI. New construction: At least 50% of the provided dwelling units shall be affordable. Existing building maintained: A minimum of one of the dwelling units shall be affordable provided the existing building is maintained as required in 21A.52.050.H.1.c. Type B. Applicable to residential multifamily zoning districts: RMF- 30, RMF-35, RMF-45, and RMF-75 An affordable rental unit shall meet a minimum of at least one of the following affordability criteria: 1. 40% of units shall be affordable to those with incomes at or below 60% AMI; 2. 20% of units shall be affordable to those with incomes at or below 50% AMI; or 3. 40% of units shall be affordable to those with incomes averaging no more than 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI. For sale owner occupied units: An affordable homeownership unit shall provide a minimum of 50% of units affordable to those with incomes at or below 80% AMI. 19 Type C. Applicable to zoning districts not otherwise specified. Affordable rental or homeownership units shall meet a minimum of at least one of the affordability criteria identified. Any fractional number of units required shall be rounded up to the nearest whole number. 1. 20% of units are restricted as affordable to those with an income at or below 80% AMI; 2. 10% of units are restricted as affordable to those with an income at or below 60% AMI; 3. 10% of units are restricted as affordable to those with an average income at or below 60% AMI and these units shall not be occupied by those with an income greater than 80% AMI; 4. 5% of units are restricted as affordable to those with an income at or below 30% AMI; 5. 10% of units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have two or more bedrooms; 6. 5% of units are restricted as affordable to those with an income at or below 60% AMI when the affordable units have two or more bedrooms; or 7. 5% of the units are restricted as affordable to those with an income at or below 80% AMI when the affordable units have three or more bedrooms. 394 395 396 397 398 399 400 1. Single- and Two-Family Zoning Districts: The following housing types: twin home and two-family, three-family dwellings, four-family dwellings, row houses, sideways row houses, and cottage developments are authorized in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts provided the affordability requirements in for Type A in Table 21A.52.050.G are met. 401 402 403 404 405 406 2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying provisions for density found in the minimum lot area and lot width tables for the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the RMF-30 zoning district, the minimum lot size per dwelling unit does not apply, provided the affordability requirements for Type B in Table 21A.52.050.G are met. 407 408 409 410 411 3. Incentives in the CB Community Business, CC Corridor Commercial, CG General Commercial, and I Institutional Zoning Districts: a.The following housing types: row houses, sideways row houses, and cottage developments are authorized in zoning districts provided the affordability requirements in subsection b. are complied with; 20 412 413 414 415 416 417 418 419 420 421 422 b.To be eligible for the incentives listed in this section, a development shall meet the affordability requirements for Type C in Table 21A.52.050.G. 4. The following incentives are authorized in zoning districts provided the affordability requirements for Type C in Table 21A.52.050.G are complied with: a.Administrative design review provided the noticing requirements of 21A.10.020.B and the standards in 21A.59 are met. Early engagement notice requirements to recognized organizations are not applicable. Additional building height as indicated in the following sections:b. (1) Residential districts: Permitted Maximum Height with IncentiveZoning District RMU-35 RMU-45 RB 45’ with administrative Design Review, regardless of abutting use or zone. 55’ with administrative Design Review, regardless of abutting use or zone. May build one additional story equal to or less than the average height of the other stories in the building. Density limitations listed in the land use table do not apply. RMU RO May build three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. May build one additional story equal to or less than the average height of the other stories in the building. 423 424 425 (2)Commercial Districts: Zoning District SNB Permitted Maximum Height with Incentive May build one additional story equal to or less than the average height of the other stories in the building. CB CN CC CG May build one additional story equal to or less than the average height of the other stories in the building. May build one additional story equal to or less than the average height of the other stories in the building. 45’ with administrative Design Review; additional landscaping may be met by meeting requirements in 21A.52.050.H.3.c.5. May build two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. May build three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review for properties in the mapped area in Figure 21A.26.070.G. CSHBD1 CSHBD2 105’ and two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. 60’ with administrative Design Review and one additional story equal to or less than the average height of the other stories in the building with administrative Design Review. 21 TSA- Transition TSA-Core May build one additional story equal to or less than the average height of the other stories in the building with administrative review. May build two additional stories equal to or less than the average height of the other stories in the building with administrative review. 426 427 428 429 430 (3)Form-based districts: [Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.] Zoning District Permitted Maximum Height with Incentive FB-UN3 125’ and three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. May build one additional story equal to the average height of the other stories in the building. May build one additional story equal to the average height of the other stories in the building. FB-UN2 FB-SC FB-SE May build one additional story equal to the average height of the other stories in the building. FB-UN1 May build up to three stories and 30’ in height. 431 432 433 434 435 [Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should be codified.] Zoning District Permitted Maximum Height with Incentive FB-UN2 May build one additional story equal to the average height of the other stories in the building. FB-SC FB-SE May build one additional story equal to the average height of the other stories in the building. May build one additional story equal to the average height of the other stories in the building. FB-UN1 May build up to three stories and 30’ in height. 436 437 438 439 (4)Downtown districts: Zoning District D-1 Permitted Maximum Height with Incentive Administrative Design Review is permitted when a Design Review process is required. D-2 D-3 Two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. Three additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. 22 D-4 Three additional stories equal to or less than the average height of the stories permitted with administrative Design Review. 375’ and administrative Design Review in mapped area in 21A.30.045.E.2.b. 440 441 442 (5)Other districts: Zoning District GMU Permitted Maximum Height with Incentive Two additional stories equal to or less than the average height of the other stories in the building with administrative Design Review. MU 60’ with residential units and administrative Design Review. 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 c.Administrative Design Review is permitted for the following: (6)Buildings in the CSHBD1 and CSHBD2 zoning district that exceed 20,000 square feet in size. (7)Buildings in the CB zoning district that exceed 7,500 gross square feet of floor area for a first-floor footprint or in excess of 15,000 gross square feet floor area. 5. Planned Developments: A Planned Development is not required when the purpose of the planned development is due to the following reasons cited below, subject to approval by other city departments. If a development proposes any modification that is not listed below, planned development approval is required. To be eligible for the incentives in this section, a development shall meet the affordability requirements for the applicable zoning district in Table 21A.52.040. a.Multiple Buildings on a Single Parcel: More than one principal building may be located on a single parcel and are allowed without having public street frontage. This allowance supersedes the restrictions of 21A.36.010.B; Principal buildings with frontage on a paved public alley; Principal buildings with frontage on a private street; Development located in the Community Shopping (CS) “Planned Development Review” in 21A.26.040.C. b. c. d. H.Development Regulations: The following development regulations are intended to provide supplemental regulations and modify standards of the base zoning district for the purpose of making the affordable housing incentives more feasible and compatible with existing development. Base zoning standards apply unless specifically modified by this section and are in addition to modifications authorized in subsection 21A.52.050.G. If there are conflicts with design standards, the more restrictive regulation shall apply and take precedence. These standards are not allowed to be modified through the planned development process. 1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning districts: a.Parking: Unless there is a lesser parking requirement in 21A.44, only one off-street parking space per unit is required. One detached garage 23 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 or covered parking space, no greater than 250 sq. ft. per unit, may be provided for each unit and these structure(s) may exceed the yard and building coverage requirements for accessory structures. When covered parking is provided, the 250 sq. ft. per unit of covered parking may be combined into a single structure for each required parking stall provided. Yards: Minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development. b. c.Density: (1)Lots approved through a planned development prior to the effective date of this chapter are required to go through a major modification of the planned development to use the incentives. Lots may contain up to four units. Existing lots may be divided such that each unit is on its own lot. The new lots are exempt from minimum lot area, lot width, and lot frontage requirements. (2) (3) (4) An accessory dwelling unit (ADU) is considered one unit and counts toward the number of units permitted. Arrangement of dwellings: (A)New dwelling units may be arranged in any manner within a building, as a second detached dwelling, as attached units, or a cottage development with three or more detached dwellings, within the buildings that are part of the cottage development. (B)When an existing building is maintained, new units may be added internal to the existing structure, as an addition, or as a second detached dwelling. Any addition must comply with the standards of the base zoning district; however, the addition may contain additional units. 50% of the exterior walls of the existing dwelling, including the front elevation, shall remain as exterior walls. (C)The units shall comply with this section, applicable requirements of the base zoning district, and any applicable overlay district. 2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the following provisions shall apply: a.Unit Mix: No more than 25% of the units in the development shall be less than 500 square feet to promote a mix of unit sizes. Parking: Unless there is a lesser parking requirement in 21A.44, only one off-street parking space per unit is required in multifamily developments with less than 10 units. b. 24 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 c.Yards: The minimum required yards shall apply to the perimeter of the development and not to the individual principal buildings within the development. d.Lot width: Minimum lot width requirements do not apply. 3. In addition to applicable requirements in 1. and 2. above, the following provisions apply to the specific building types listed: a.Row house and Sideways row house (1) Perimeter yard requirements: (A) Front yards: The front yard and corner side yard of the base zoning district apply. (B) Side yards: A minimum of 10 feet on one side of the building and 6 feet on the other interior side yard unless a greater yard is required by the base zoning district (C) Rear yard: The rear yard of the base zoning district applies. (2) Number of Units: To qualify for incentives in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR- 1A zoning districts there is a minimum of three and a maximum of four residential dwelling units per building. (3) Building length facing street: (A) The building length shall not exceed 60 feet or the average of the block face, whichever is less, in FR-1, FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R- 2, SR-1, and SR-1A districts; (B) The building length shall not exceed 100 feet in the RMF-30, RMF-35, RMF-45 and RMF-75 districts; and (C) The building length shall not exceed 175 feet in other zoning districts. (4) Building entry facing street: At least one operable building entrance on the ground floor is required for each unit facing the primary street facing façade. All units adjacent to a public street shall have the primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. The entry feature may encroach in the front yard setback, but the encroachment shall not be closer than 5 feet from the front property line. (5) Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the Planning Director if it is found that the 25 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 proposed material is durable and is appropriate for the structure. (6) Parking requirement and location: Unless there is a lesser parking requirement in 21A.44, only one off-street parking space per unit is required. All provided parking shall be located to the side of the street facing building façade, behind a principal structure that has frontage on a street, or within the principal structure subject to any other applicable provision. (7) Garage doors facing street: Garage doors are prohibited on the façade of the building that is parallel to, or located along, a public street. (8) Personal outdoor space: Each unit shall have a minimum outdoor space of 60 square feet where the minimum measurement of any side cannot be less than 6 feet. (9) Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass. (10) Blank wall: The maximum length of any blank wall uninterrupted by windows, doors, or architectural detailing at the ground floor level along any street facing façade is 15’. (11) Screening of mechanical equipment: All mechanical equipment shall be screened from public view and sited to minimize their visibility and impact. Examples of siting include on the roof, enclosed or otherwise integrated into the architectural design of the building, or in a rear or side yard area subject to yard location restrictions found in section 21A.36.020, table 21A.36.020B, “Obstructions In Required Yards” of this title. Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House 598 599 Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House 26 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 b.Cottage Development (1) Perimeter yard requirements: (A) Front yards: The front yard and corner side yard of the base zoning district apply. (B) Side yards: A minimum of 10 feet on one side of the property line and 6 feet on the other interior side yard, unless a greater yard is required by the base zoning district. (C) Rear yard: The rear yard of the base zoning district applies. (2) Setbacks Between Individual Cottages: All cottages shall have a minimum setback of eight feet from another cottage. (3) Area: No cottage shall have more than 850 square feet of gross floor area, excluding basement area. There is no minimum square foot requirement. (4) Building Entrance: All building entrances shall face a public street or a common open space. (5) Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the Planning Director if it is found that the 27 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 proposed material is durable and is appropriate for the structure. (6) (7) Open Space: A minimum of 250 square feet of common, open space is required per cottage. At least 50% of the open space shall be in a courtyard or other common, usable open space. The development shall include landscaping, walkways or other amenities intended to serve the residents of the development. Personal Outdoor Space: In addition to the open space requirement in this section, a minimum of 120 square feet of private open space is required per cottage. The open space shall provide a private yard area for each cottage and will be separated with a fence, hedge, or other visual separation to distinguish the private space. Parking: Unless there is a lesser parking requirement in 21A.44, one off-street parking space per unit is required. All provided parking shall be located to the side of a street facing building façade, behind a principal structure that has frontage on a street, or within the principal structure subject to any other applicable provision. (8) c. In addition to applicable requirements in 21A.52.050.H above, the following provisions apply to all other buildings containing more than two residential units. If the base zone has a greater design standard requirement, that standard applies. (1)Perimeter yard requirements: (A) Front yards: The front yard and corner side yard setback of the base zoning district apply. (B) Side yards: For housing types not otherwise allowed in the zoning district, a minimum of 10 feet on each side property line, unless a greater setback is required for single-family homes. (C) Rear yards: The rear yard of the base zoning district applies. Building entrances: The ground floor shall have a primary entrance on the street facing façade of the building with an unenclosed entry porch, canopy, or awning feature. Stairs to second floor units are not permitted on street facing elevations. Glass: The surface area of the façade of each floor facing a street must contain a minimum of 15% glass. Building materials: 50% of any street facing facade shall be clad in durable materials. Durable materials include stone, brick, masonry, textured or patterned concrete, and fiber cement board. Other materials may be used for the remainder of the facade adjacent to a street. Other materials proposed to satisfy the durable requirement may be approved at the discretion of the Planning Director if it is found that the (2) (3) (4) 28 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 proposed material is durable and is appropriate for the structure. Open space: Open space area may include landscaped yards, patios, dining areas, and other similar outdoor living spaces. All required open space areas shall be accessible to all residents or users of the building. (A) Single- and two-family zoning districts: 120 sq. ft. of open space with a minimum width of 6 ft. shall be provided for each building with a dwelling. (B) All other zoning districts: A minimum of 10% of the land area within the development shall be open space, up to 5,000 square feet. Open space may include courtyards, rooftop and terrace gardens and other similar types of open space amenities. All required open space areas shall be accessible to all residents or users of the building. (5) d. Single- and Two-family Dwellings: No additional design standards except as identified in 21A.24. e. Unit Limits: For overall development sites with more than 125 units, no more than 50% of units shall be designated as affordable units. f. Lots without public street frontage may be created to accommodate developments without planned development approval subject to the following standards: (1)Required yards shall be applied to the overall development site not individual lots within the development. The front and corner yards of the perimeter shall be maintained as landscaped yards; Lot coverage shall be calculated for the overall development not individual lots within the development; and Required off street parking stalls for a unit within the development are permitted on any lot within the development. The subdivision shall be finalized with a final plat and the final plat shall document that the new lot(s) has adequate access to a public street by way of easements or a shared driveway or private street; and (2) (3) (4) (5)An entity, such as a homeowner association, must be established for the operation and maintenance of any common infrastructure. Documentation establishing that entity must be recorded with the final plat. SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose Statements) shall be and hereby is amended to read as follows: 711 712 29 713 714 715 716 717 1.At least twenty percent (20%) of the housing must be for those with incomes that are at or below eighty percent (80%) of the area median income. Affordable housing that meets the requirements of 21A.52.050. SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 718 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 719 720 hereby is amended to add the following terms in the list of defined terms to be inserted into that list in alphabetical order: 721 722 723 724 725 726 727 728 Affordable Housing Affordable Housing Incentives Development Dwelling, Three-family Dwelling, Four-family Dwelling, Row House Dwelling, Sideways Row House Dwelling, Cottage Development 729 730 731 732 733 734 SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and hereby is amended as follows: a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of “AFFORDABLE HOUSING” be added and inserted into the list of definitions in alphabetical order and read as follows: 735 736 737 738 739 740 741 742 743 744 745 746 AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable, rent-restricted. The affordable units shall be made available only to individuals and households that are qualifying occupants at or below the applicable percentage of the area median income for the Salt Lake City Utah, U.S. Department of Housing and Urban Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as periodically determined by HUD and adjusted for household size) and published by the Utah Housing Corporation, or its successor. Affordable (30% of gross income for housing costs, including utilities) housing units must accommodate at least one of the following categories: a. Extremely Low-Income Affordable Units: Housing units accommodating up to 30% AMI; b. Very Low-Income Affordable Units: Housing units accommodating up to greater than 30% and up to 50% AMI; or 30 747 748 749 750 c. Low-Income Affordable Units: Housing units accommodating greater than 50% and up to 80% AMI. b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order and read as follows: 751 752 753 754 755 756 757 AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that meets the criteria in 21A.52.050. c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of “DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in alphabetical order and read as follows: 758 759 760 DWELLING, THREE-FAMILY: A detached building containing three dwelling units. 761 762 763 764 d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of “DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in alphabetical order and read as follows: DWELLING, FOUR-FAMILY: A detached building containing four dwelling units. 765 766 767 e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of “DWELLING, ROW HOUSE” be added and inserted into the list of definitions in alphabetical order and read as follows: 768 769 770 771 DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least one common wall with an adjacent dwelling unit and where the entry of each unit faces a public street. Units may be stacked vertically and/or attached horizontally. Each attached unit may be on its own lot. 772 773 774 f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of definitions in alphabetical order and read as follows: 31 775 776 777 778 DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that share at least one common wall with an adjacent dwelling unit and where the entry of each unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or attached horizontally. Each attached unit may be on its own lot. 779 780 781 g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order and read as follows: 782 783 784 785 DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified development that contains a minimum of two and a maximum of eight detached dwelling units with each unit appearing to be a small single-family dwelling with a common green or open space. Dwellings may be located on separate lots or grouped on one lot. 786 787 SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule shall be published on the official Salt Lake City website. 788 789 790 791 792 SECTION 21. Effective Date. This Ordinance shall become effective on the date of its first publication. 793 794 795 796 797 798 799 800 Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER 801 802 803 804 32 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed ______________________________ MAYOR ______________________________ CITY RECORDER APPROVED AS TO FORM Salt Lake City Attorney’s Office (SEAL) Date:___________________________ Bill No. ________ of 2023. Published: ______________.By: ____________________________ Katherine D. Pasker, Senior City Attorney822823Ordinance creating zoning incentives and affordable housing incentives 33 824 EXHIBIT A 825 826 Service Fee Additional Information Section Affordable Housing Incentives Fines Noncompliance violation $100/affordable Plus rental difference unit/day 21A.20.040.B 827 34 2. CHRONOLOGY ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Blake Thomas Director PROJECT CHRONOLOGY Petition: PLNPCM2019-00658 July 15, 2019 Petition initiated by Mayor Jackie Biskupski Petition assigned to Sara JavoronokJuly 15, 2019 December 3, 2019 First survey posted. Notice emailed to listserv and posted on social media accounts. June 25, 2020 June 26, 2020 Notice mailed to all Community Councils. StoryMap with framework for proposal and survey posted. Notice emailed to listservs and posted on city social media accounts. July 9, 2020 Planning staff held an AMA/Q&A discussion on Facebook Live. July 20, 2020 Planning staff discussed the proposal at the Sugar House Land Use and Zoning meeting. August 6, 2020 Planning staff discussed the proposal at the Ball Park Community Council meeting. January 28, 2022 February 16, 2022 March 3, 2022 Project website updated and Project Update notice emailed to listservs. Planning staff held a second AMA/Q&A on Facebook Live. Second notice mailed to all Community Councils. Planning staff met with seven Community Councils in March and April 2022. March 16, 2022 March 21, 2022 April 2022 Planning staff discussed the proposal at the East Bench Community Council meeting. Planning staff discussed the proposal at the Sugar House Land Use Committee meeting. Flyer mailed to 99,832 commercial and residential addresses in Salt Lake City and owners outside of the city. April 5, 2022 April 5, 2022 Open House held at Sugar House Fire Station #3. Planning staff hosted Virtual Office Hours on an open Zoom meeting to answer questions. April 7, 2022 Planning staff discussed the proposal at the Ball Park Community Council meeting. April 12, 2022 April 13, 2022 Open House held at the Unity Center Planning staff discussed the proposal at the Jordan Meadows/Westpointe Community Council meeting. April 14, 2022 April 14, 2022 Planning staff hosted Virtual Office Hours on an open Zoom meeting to answer questions. Planning staff discussed the proposal at the Yalecrest Community Council meeting. April 19, 2022 April 21, 2022 April 29, 2022 Open House held at Riverside Park Open House held at Lindsey Gardens Park Planning Commission agenda posted to the website and notice emailed to listserv. May 4, 2022 Planning staff discussed the proposal at the Greater Avenues Community Council meeting May 6, 2022 Staff report posted to Planning’s website May 11, 2022 October 25, 2022 March 16, 2023 Planning Commission Meeting and Public Hearing. The item was tabled. First of four Focus Group Meetings Planning staff discussed the proposal at the Salt Lake City Community Network meeting. March 22, 2023 March 29, 2023 April 6, 2023 Planning Commission Briefing Planning Commission Work Session Historic Landmark Commission Work Session April 14, 2023 Planning Commission agenda posted to the website and notice emailed to the listserv. April 21, 2023 April 26, 2023 Staff report posted to Planning’s website Planning Commission forwards a positive recommendation to the City Council 3. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2019-00658 – A petition initiated by former Mayor Jackie Biskupski to amend the Salt Lake City Zoning Code to add a new chapter with Affordable Housing Incentives. The proposed amendments are to incentivize and reduce barriers for affordable housing. The incentives include administrative Design Review and additional building height in various zoning districts, Planned Development requirement modifications, removal of the density requirements in the RMF zoning districts, and additional dwelling types in various zoning districts. The proposed amendments involve multiple chapters of the Zoning Ordinance. Related provisions of Title 21A Zoning amended as part of this petition. The changes would apply Citywide. 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. his 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 Sara Javoronok at 801-535-7625 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail sara.javoronok@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number PLNPCM2019-00658 or on the project page at https://www.slc.gov/planning/2023/03/08/affordable-housing/. 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. 4. PETITION INITIATION REQUEST 5. ADDITIONAL DEPARTMENT COMMENTS Kristeen Beitel, Public Utilities When weighing increased densification as an incentive for affordable housing, it is important for applicants to consider the potential increase in construction costs resulting from required offsite utility improvements. Densification may place greater demands on water, sewer, and storm drain systems, which could exceed the capacity of the existing infrastructure. Property owners and developers may be required to upgrade the offsite public utilities to ensure sufficient capacity for the new developments. 6. PUBLIC COMMENT RECEIVED AFTER PLANNING COMMISSION STAFF REPORT POSTED From:Clark, Aubrey To:Turner Bitton; Planning Public Comments Subject: Date: RE: (EXTERNAL) Supportive Comments for Affordable Housing Incentives Public Hearing Wednesday, April 26, 2023 5:58:07 PM Attachments:image001.png Turner, Thank you for submitting your comments. I have forwarded it to the Planning Commission, and it will be shared during the public hearing. Thanks, Aubrey Clark | (She/Her/Hers) Administrative Assistant PLANNING DIVISION | SALT LAKE CITY CORPORATION Direct: (801) 535-7759 or Mobile: (385) 415-4701 Email: Aubrey.Clark@slcgov.com WWW.SLC.GOV/PLANNING WWW.SLC.GOV Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately as possible based upon the information provided. However, answers given at the counter and/or prior to application are not binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest any property with development rights. From: Turner Bitton Sent: Wednesday, April 26, 2023 5:52 PM To: Planning Public Comments <planning.comments@slcgov.com> Subject: (EXTERNAL) Supportive Comments for Affordable Housing Incentives Public Hearing Caution: This is an external email. Please be cautious when clicking links or opening attachments. Hello, I had planned to attend tonight’s planning commission digitally but learned that there is no longer a digital attendance option and I’m at Disneyland so I can’t make it. I wanted to make sure that our support for the Affordable Housing Incentives was formally submitted. In addition to our formal support, I would like to submit this statement for the record: “SLC Neighbors for More Neighbors supports the Affordable Housing Incentives, however based on estimates in the current proposal, we are concerned that projects in single-family neighborhoods will not be financially viability. If the city is serious about promoting the construction of more housing in high- opportunity single-family neighborhoods, some of the current conditions that make those projects financially unfeasible should be removed. The Scenarios in Attachment G show that there is virtually no economic incentive for market rate developers to pursue the AHI’s. However, it has the potential to add more affordable units on SELECT projects that are already pursuing LIHTC’s Especially in multi-family districts, density bonuses need to take into account building code requirements, for example that the maximum number of stories that can be built with a wood-frame structure is five. If the density bonus provided forces builders to use a steel-frame construction technique, the economic benefits of an extra floor of apartments does not overcome the extra cost of using expensive construction materials. In addition, to make the incentives more functional, the incentives should be changed to: 1) Allow lots to be split and to allow for the sale of separate units. 2) Eliminate ALL parking requirements for projects that meet the threshold for the incentives. This would make many projects more affordable, especially in higher density zones. 3) In multi-family districts near rail transit, the incentives in terms of FAR (floor area ratio) and height limits should be much stronger to (a) make more projects financially viable and (b) locate more residents and businesses near rail. Overall, the incentives should be increased to find a broader mix of incentives that produce positive results for market rate developers considering adding affordable units to projects.” Thanks, Turner C. Bitton (he/him) Executive Director SLC Neighbors for More Neighbors www.slcneighbors.org Item C4 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet Policy Analyst DATE:December 5, 2023 RE: Rezone & Text Amendment: Fleet Block PLNPCM2019- 00277 MOTION 1 – adopt with Legislative Action I move the council adopt the ordinances that: 1. Establishes the Form Based Mixed Use 11 zoning district, and 2. Rezones the Fleet Block to Form Based Mixed Use 11 I further move the Council adopt an ordinance that establishes the southeast portion of the block as a public square in Title 15, pursuant to the boundaries included in the ordinance. I further move the Council adopt a legislative action requiring a restrictive covenant be recorded against the property that identifies that area of the fleet block as a public square. MOTION 2 – adopt I move the council adopt the ordinances that: 1. Establishes the Form Based Mixed Use 11 zoning district, and 2. Rezones the Fleet Block to Form-Based Mixed Use 11 MOTION 3 – reject I move the Council reject the ordinance. MOTION 4 – defer action I move the Council defer action to a future Council meeting. COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: December 5, 2023 RE: Rezone & Text Amendment: Fleet Block PLNPCM2019- 00277 PROJECT TIMELINE: Briefing: October 6, 2020 Briefing: December 8, 2020 Briefing: November 22 2022 Briefing: July 18, 2023 Public Hearing 1: Nov 10, 2020 Public Hearing 2: Nov 17, 2020 Public Hearing 3: Sept 5, 2023 Potential Action: Dec 5, 2023 NEW INFORMATION - September 5 Public Hearing Summary A few individuals spoke during the public hearing, many expressed the desire for the city to maintain a place of remembrance on the block. Others suggested some of the future uses of the block should benefit the community by including things such as; a community center, a continuation of the murals, or green/community gathering spaces. The Council closed the public hearing and deferred action to a future Council meeting. Options for Adoption There are two ordinances the Council will consider adopting related to the zoning of the block: 1. Zoning text amendment that will create the Form Based Mixed Use 11 (FB-MU11) zoning district. 2. A zoning map amendment that would rezone the fleet block properties to FB-MU11. Throughout the discussions about the fleet block zoning amendments, the Council has stated repeatedly they want to see a significant portion of the property reserved for a type of community open/gathering space. In the Fleet Block disposition strategy, which the Council was briefed on in July 2023, the Administration’s transmittal included a proposed site plan that shows approximately three acres in the southeast quadrant of the block is to be used as public space. (see map on page 6 below) Page | 2 Staff received some questions as to how the Council can clearly make their intent to include the community gathering space on the block, as they consider adopting the ordinances. Staff worked with the Administration and the following options can be part of the adoption process. 1. Add this portion of the block to Title 15 as a public square. 2. Include a restrictive covenant that identifies the southeast corner as a community gathering space The following ordinances have been prepared for the Council to consider adopting on December 5: 1. Zoning Amendment creating FB-MU11 zoning district. 2. Rezoning Fleet Block to FB-MU11. 3. Ordinance adding the southeast portion of fleet block to Title 15 as a public square. 4. Ordinance establishing a restrictive covenant for the southeast portion of fleet block, limiting its use as a public square. The motion sheet includes the following motion as one of the options for the Council to consider adopting. I move the council adopt the ordinances that would: •Establish the Form Based-Mixed Use 11 zoning district, and •Rezone the Fleet Block to Form Based-Mixed Use 11 I further move the Council adopt an ordinance that establishes the southeast portion of the block as a public square in Title 15, pursuant to the boundaries included in the ordinance. I further move the Council adopt a legislative action requiring a restrictive covenant be recorded against the property that identifies the area of the fleet block as a public square before the zoning changes can go into effect. The following information was provided for the September 5 work session briefing. It is provided again for background purposes. July 18 Work Session Summary During the July 18 briefing, the council discussed the updates Planning staff made to the proposed ordinance based on Council direction. Ultimately, the Council expressed support for the updates, including separating the text amendment from the zoning map amendment and holding a public hearing. The hearing is set for September 5, 2023. Planning staff said they would like to change the name for the proposed FBUN3 zoning district because they are planning additionally zoning districts that will be in the FBUN umbrella. The updated ordinance includes the new designation that is Form Based Mixed Use 11 (FB-MU11). Additionally, the Council discussed the disposition strategy presented by the Administration and expressed support for the proposed site plan that was presented. The following information was provided for the July 18 work session briefing. It is provided again for background purposes. NEW INFORMATION Page | 3 During the November 22, 2022, briefing, the Council received an update on the Fleet Block disposition strategy as well as discussed the proposed zoning amendments pertaining to the FB-UN3 zone and potential rezone of the Fleet Block to FB-UN3 Additionally, the Council conducted a series of straw polls that provided direction to staff on changes pertaining to the draft zoning ordinance and the development strategy for the block. (See Section 3 below) Since that last briefing, the Administration worked to incorporate the Council’s recommended changes. On June 1 of this year, the Administration sent updated transmittals for the block’s zoning and disposition strategy. Based on that updated work, the Administration is requesting the Council review the updated zoning changes and disposition strategy and consider the following: 1) Approve the rezone as provided through a separate transmittal. The legislative function of rezoning the property must be finalized prior to initiating an RFQ/P process to ensure that procurement processes are based on an approved zoning district. 2) Indicate support for the Fleet Block public space to be located on the southeast quadrant of the block as demonstrated on Exhibit A – Fleet Block: Proposed Location of Public Space. If the Council is supportive, the Department of Public Lands will return to the Council at a later date to formally designate the public space as either a public square or park. 3) Provide any final policy direction on the development plan and budgetary considerations prior to the initiation of an RFQ or RFP process. The updated information for July 18 is outlined in the following sections: Section 1 – Policy Questions Section 2 – Zoning Changes Section 3 – Disposition strategy Section 4 – Summary of Straw Polls Pertaining to Follow-up Information on Zoning (November 22, 2022) Section 1 – Policy Questions •Is the Council ready to move the zoning petitions forward for potential action? o The Council could consider adopting the zoning text amendment that would codify the FB- UN3 zoning district and hold off on rezoning the Fleet Block. o The Council could move forward with both zoning amendments •Does the Council support the proposed site plan that bisects the block into four quadrants, including a plaza/shared street, open space, midblock streets, and a nonmotorized midblock connection? •Does the Council support the proposed RFQ/RFP process outlined in the transmittal letter? o Does the Council have any additional policy direction on the development plan and budgetary considerations prior to the initiation of an RFQ or RFP process? Section 2 – Zoning Changes At the November 22nd City Council meeting the Council requested the following revisions and additional information pertaining to the zoning changes. The changes were included by Planning staff are outlined below: •Split the ordinance into two parts The ordinance has been split up into two parts which would need to be adopted separately. o Zoning text amendment to adopt the code text. o Zoning map amendment to map the zone over the Fleet Block. Page | 4 •Lot Size Limits to Control Building Length Size The City Council asked for more information on the Planning Commission recommendation to consider a lot size limit for property in the FB-UN3 zone. Pages 3-4 of the transmittal letter outlines the issue and provides reasons why Planning Staff does not believe a lot size limit is necessary. In summary, “[Planning] Staff recommends not imposing a maximum lot size limit, as the maximum façade length limit accomplishes the same intent and would better control development size in more situations than a lot size limit. Further, the Administration is proposing to break up the Fleet Block into multiple lots with an internal street and pedestrian walkway network, so a lot size limit is not necessary to ensure that breakup.” (Transmittal Letter, Page 4) •Ground Floor Modification The Council discussed strengthening the ground floor use requirement to ensure a use with a high level of activity would be on the ground floor of larger buildings. Planning staff proposed the following language to address this concern: For buildings with street facing building facades over 100' in length: 1. A minimum length of 30% of the ground floor street facing façade shall consist of non- residential active uses allowed by 21A.37.050.A.1. 2. An additional minimum length of 45% of the ground floor street facing façade shall consist of any active uses allowed by 21A.37.050.A.1. 3. This footnote does not apply to the rowhouse building form. Active Use Definition: Active uses include retail establishments, retail services, civic spaces (theaters, museums, etc.), restaurants, bars, art and craft studios, and other uses determined to be substantially similar by the planning director and/or planning commission. •Ordinance Updates Due to Recent Code Changes and Potential Conflicts Planning Staff updated the land use table in the FB-UN3 ordinance to align with code changes made since the Fleet Block was transmitted in 2020: •Technology Related Land Uses •Significant Water Consuming Land Uses •Congregate Care •Single-Room Occupancy •Downtown Building Heights Also removed duplicate uses from the FB-UN3 land use list to avoid conflict and interpretation issues, such as “Office, Publishing Company” and “Store, Convenience,” as the uses are already allowed under general uses like “Office” and “Retail Goods Establishment.” Section 3 – Disposition strategy The Transmittal letter discusses the following topics in depth. Below is a short summary of each of these topics. See the Transmittal letter for full analysis. •Site Plan and Public Space (Transmittal Letter, Page 2) Based on the Council’s feedback provided during the November 2022 briefing and after completing a shadow analysis, the Administration is recommending that the public space be located on the south end of the block, on the 300 West 900 South corner for the following reasons (Transmittal Letter, pages 1-2): o It will support the Green Loop and 9 Line. o A shade and shadow analysis indicates that this site will have less shade in the winter, thereby making the public space more usable year-round. o While locating two of the development sites along 800 South may require design concessions to ensure adequate fire aerial access, the Administration believes that the Page | 5 benefits of locating the open space on the southeast quadrant outweigh the resulting negatives Fleet Block Disposition Strategy Transmittal Exhibit A Proposed Location of Public Spaces •Midblock Infrastructure (Transmittal Letter, Page 3) The updated Midblock connections are proposed to bisect the block into four quadrants as outlined in the proposed site plan below: Page | 6 Fleet Block Disposition Strategy Transmittal Exhibit B: Proposed Site Plan •Budgetary Impacts (Transmittal Letter, Page 3-4) The Transmittal letter notes the goal is to have all the midblock connections owned and maintained by the City, which will ensure the public’s rights to access and use the space to the greatest extent possible. Funding for these two segments could be leveraged from the land value of adjacent development sites or acquired through a forthcoming capital improvement program (“CIP”) request. Recently CAN completed a study by Common Ground Institute and Urban 3 on the Public Asset Yield (“PAY”) model. Through the PAY model, which can be similar to an urban wealth fund model, cities develop underutilized properties as income-generating uses such as residential, office, and mixed-use communities. The administration provided two options to transform the land value into a public benefit 1. Land Sales Proceeds: Sell property and utilize the sales proceeds as a capital investment to build on-site public benefits 2. Ground Lease Proceeds: Issue a ground lease to an income-generating development and capture lease revenue annually over time to implement public benefits •Request for Qualifications / Request for Proposal Process (Transmittal Letter, Page 4) The three development sites will be marketed competitively through either an RFQ or RFP process. Page | 7 The procurement and development processes will include requirements to ensure that the ultimate development provides economic opportunities, affordable living, and cultural expression for all residents, particularly communities of low- and moderate-income and underrepresented groups. The City will continue to involve the community in the development process through involving an inclusive selection committee to evaluate rankings and proposal, require a Community Benefits Agreement with potential developers and identification of metrics to track and measure outcomes that will hold the City and developers accountable to the community’s vision for the block. Section 4 –Summary of Straw Polls Pertaining to Follow-up Information on Zoning (from November 22, 2022) 1. Question E asked about landscaping requirements. Planning staff notes one way to address concerns that the open space is useable is to require a minimum length or width dimension for open space. This would increase the likelihood the space will be an amenity, rather than a narrow yard. A minimum open space dimension of 15’ x 15’ has been added to broader Form Based zone changes that are part of the ongoing Downtown Building Heights regulations project. Amenity requirements, like seating, have also been added. The changes would affect all Form Based zones, including FB-UN3. The proposal received a positive recommendation from the Planning Commission and will be with the Council shortly. •Does the Council support amending the ordinance to require a minimum length/width for open space? No Change Needed - Downtown Height amendments will address this 2. Some expressed concern that allowing rooftop decks to count toward the open space requirement may not improve the overall design since it will be out view for most of the public who interact with the buildings •Does the Council support allowing rooftop decks to count toward open space requirements? •If not, does the Council support requesting the Administration make recommendations for changes to the FB-UN3 code pertaining to rooftop decks counting toward open space requirements. Council did not support this change 3. Question G asked about active uses on 300 West. In Planning’s response they note the ordinance requires 14’ floors to “encourage and support the use of ground floor for more active uses in the long term even if not immediately viable.” They further note there are other examples in City code that are used to preserve future options to convert space to “higher activity uses.” •Does the Council support asking the Administration to make recommendations for changes to the FB-UN3 code that would provide additional options to encourage high activity uses along 300 West? Planning will forward a recommendation •If over a certain amount (TBD) of sf, could require active use. •Building faced over x size must have x amount of ground floor commercial •See response above. Planning Commission Requests a. Limit lot sizes • The Commission was concerned there may be very large developments on the Fleet Block and recommended there should be lot size limits to encourage small buildings and greater building variety. • Generally, the City zoning code does not have maximum lot sizes, except within residential districts. Page | 8 • In certain zoning districts, the scale of development is regulated by limiting building width and the length of blank walls. Those regulations are included in the proposed FB-UN3 zone. • If the maximum lot size limitation were applied, such a limit would only be applicable to new subdivided lots, and existing lots of any size could be developed. • Through the selling process, the City can divide up the Fleet Block into smaller lots without changes to the zoning. •Would the Council like to request the Administration draft regulations for consideration that would limit the potential size of lots on the Fleet Block? Council requested more information. Examples may be helpful. b. Require that lots have frontage on rights-of-way or streets •The Planning Commission expressed concern regarding row houses (townhomes) where some of the units are oriented to the side yard. •They requested the City Council consider regulations that would require all units in a row house project to be located along a public street or other public right-of-way. •The proposed ordinance presented to the Planning Commission requires every building to have public street frontage and the portion of the building along the street must address the street with limited setbacks, high quality building materials, glass minimums, and significant entrance features. •The proposed zoning also includes an allowance for a rowhouse building to have some units that don't face the street and are accessed from private sidewalks interior to a site. The allowance is similar to that recently adopted by the Council for the RMF-30 zone. •Does the Council want to request the Administration draft regulations for consideration that would require all units to front a public street? Council did not support this change c. Limit the size of parking lots with a maximum lot size •The Planning Commission was concerned there could be large surface parking lots in the middle of blocks, like those in the Sugar House Business District, located behind or to the side of buildings. •In the FB-UN3 zone, there is a maximum parking stall number limit that should generally limit the potential for large surface parking lots. •The City doesn't currently have limits on parking lot sizes in any zone, except regarding the number of stalls allowed. •If a surface parking lot size limit was imposed, there would need to be analysis regarding its impact on the ability of potential businesses in this area to provide reasonable parking within the dimensions. •Would the Council like to request the Administration draft regulations for consideration that would limit surface parking lot size in the FB-UN3 zone? Council did not support this change d. Require the midblock walkways but allow them to be flexible in their location •The Planning Commission wanted to ensure there would be flexibility in the final location of mid-block walkways shown in the Downtown Plan for the Fleet Block, rather than requiring walkways to cross the block through the block’s exact center. •The zoning proposal includes language used in other City zones provides flexibility in exact walkway location, but additional language could be added to emphasize the flexibility. •Although no consideration was added to its recommendation, the Commission discussed how the Fleet Block property would be sold to a private developer, including if and how the Page | 9 property would be broken up into new mid-block streets, and if any public plaza/park property would be kept. •The Commission expressed a desire to see the block being broken up for smaller developments with mid-block streets, as opposed to one large, single development for the whole block. Staff informed the Commission the City could break up the block through the City's property sale process and could require new streets through the block. •Would the Council like to request the Administration draft regulations for consideration that would ensure flexibility in locating mid-block walkways on the Fleet Block? Council did not support this change – this was fleet block specific The following information was provided for the November 22, 2022, briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will receive an update on proposed zoning amendments and disposition strategy for the City-owned property known as the Fleet Block, located between 300 and 400 West and between 800 and 900 South. Until 2010, most of this block was utilized by the City to manage its vehicle fleet. After the fleet function was moved to a facility farther west, the City conducted due diligence and various studies to prepare the property for redevelopment. The goal of these efforts is to turn this City-owned property into a community asset that will contribute to the economic, social, and environmental betterment of the city. Based on previous Council and community input and discussion, any redevelopment will need to balance developer interest, land use and compatibility, and the significant community interest in the property focused on art murals painted on the building walls. The staff report is outlined in the following manner: •Background Information •Request for Proposal strategy and policy considerations – starting on page 3 of the staff report (key questions for the Council from the Administration) •Zoning Amendments o Summary of Zoning Amendments o Planning Commission Recommended Changes o Responses to questions raised during the October 6, 2020, work session briefing o Zoning Policy Questions BACKGROUND INFORMATION In 2019, former Mayor Biskupski initiated a zoning amendment to create a new zone titled Form- Based Urban Neighborhood 3 (FB-UN3) and rezone the Fleet Block to FB-UN3. The Fleet Block property became a focal point of community expression and interest during the summer of 2020 amidst calls for social justice and reform for police practices. In fall of 2020, the Council held a series of briefings and public hearings pertaining to the zoning amendments. Page | 10 Many constituents spoke during the fall 2020 Council meetings and public hearings on this issue and covered various main themes, including: •significant number of comments in favor of preserving the area or part of the area for a community gathering space such as park, open space area or community garden •some comments recommending a community center •requests to save the murals; requests to incorporate the murals into future open space or development •requests for community to be included in conversation; some called for the City to establish a community advisory group to help guide the development process •some expressed opposition to housing and commercial development on the Fleet Block •some commenters expressed a desire to see the block developed as it has been a blight in their neighborhood for years •importance of the area as a community gathering space was emphasized Due to the public comments provided, the Council decided additional, meaningful public outreach was needed to help identify the vision for the Fleet Block and define what the public benefits could look like before redevelopment and zoning decisions were made. The Council decided to postpone considering the zoning amendments until a plan to conduct additional public outreach was agreed upon. At that time, the Council expressed general support for the concepts of the zoning amendments; however, they felt with the enhanced focus on the block, additional public outreach was needed. There has been general agreement between the Administration and Council on components for the public process and goals based on previous conversations. Emphasis would include: 1. Creation of a meaningful community gathering space on the block such as a park/public square or open space. 2. Features that represent the history of marginalized members of the community and the fight, struggle, and advancement of the community’s efforts for equality, fair representation, and justice 3. Space for the incubation, growth, and economic success of small and local businesses 4. Affordable and accessible housing At a December 2020 Council briefing, the Council directed staff to work with the Community & Neighborhoods Department (CAN) and the Attorney’s Office to outline potential conditions to the zoning amendments that would help ensure a meaningful public process is completed. The process would help identify community benefits and be the basis of draft motions for the Council’s consideration. For example, adoption of the rezone would be connected with: 1. An opportunity to review and provide input on the Administration’s future planning efforts (a Request For Information or RFI). 2. Completing a public engagement process that would further explore the vision for future Fleet Block redevelopment and what the public benefits could look like. In January 2022, the Administration issued a Request-for-Information (RFI) for the Fleet Block. The purpose of the RFI was to “explore options available to the City to develop the Property and to learn from the prior experience of others in developing complex urban infill projects. The RFI was intended solely to assist in informing the City’s approach to developing the Property.” Staff note: An “RFI” is generally considered a more general information-gathering exercise, intended to be a lower-barrier for a variety of interested parties who may respond with ideas. An “RFP” is generally considered a more technical process and typically follows an RFI. Page | 11 Reponses to the RFI were due at the end of February. An internal City technical committee reviewed responses and utilized the information to draft a future Request for Proposal (RFP) specific to development proposals. In April of this year the Administration briefed the Council on Fleet Block, including the public process, rezone process, and development constraints of the block. The Council provided feedback emphasizing the importance of equality and inclusion. Previous large City property assemblages were offered to a single development team, often favoring partners with greater existing wealth and experience. At that time, the Council provided input encouraging the Administration to consider a different approach which could give other, less-capitalized partners an opportunity to participate. According to the Transmittal letter, since the last briefing in April, the Administration has “considered ways to not only infuse equity into the resulting development, providing affordable housing, affordable commercial space, and public space, but to also market and develop the property in a way that is more accessible to an inclusive group of partners. In consideration of the Council’s feedback, master plan polices, responses from the Request for Information (“RFI”), and development constraints, the Administration has developed an approach to create multiple development sites to be offered through a phased request for proposal (“RFP”) process. Dividing up the Fleet Block into multiple property offerings will be conducive for involving multiple development teams of varying scale and experience.” This briefing will provide an update to the City Council and the community on those efforts and outline the next steps pertaining to the following: 1. Zoning recommendations that would; 1) create the FB-UN3 zoning district and 2) rezone the Fleet Block to FB-UN3, 2. Request for Proposal strategy and policy considerations Request for Proposal (RFP) strategy and policy considerations Property disposition is an Administrative function. However, the Council has zoning authority and must approve any potential future discounts to the fair market value of the Fleet Block. Therefore, the Administration is seeking policy guidance from the Council pertaining to the RFP and development scenarios of the block. In addition to the policy questions below, the transmittal letter outlines the cost and process for the environmental remediation and the impact to the land value once midblock connections and public space are included. 1. Potential Policy Questions The Administration’s transmittal outlined a few policy questions they are seeking feedback from the Council on. a. Mid-Block Connections (page 2 Transmittal Letter) If the council supports including midblock connections on the Fleet Block, the City would need to identify land designated as midblock connections through the subdivision process, prior to issuing the RFP. Does the Council support maintaining City ownership of portions of the Fleet Block intended to be public in the future, or selling parcels to private property owners? Staff note: the Council could stipulate that a certain percentage of land be set aside as Page | 12 public to provide flexibility for RFP respondents to locate those connections in a more appropriate manner. Some questions have been raised about potential benefits and opportunities to the community if the fleet block was divided up into smaller developments instead of going with one master developer. Attachment A: Hypothetical Development Scenario, of the transmittal letter provides a hypothetical scenario of how the property could be subdivided to establish three separate development sites. Does the Councill wish to provide policy guidance on subdividing Fleet Block into smaller development sites? b. Park Space (page 3 Transmittal Letter) To move forward with the RFP process the City must identify where any public space will be located. The transmittal letter notes key considerations include the public feedback and alcohol buffers Does the Council wish to provide feedback on the location of public space on the Fleet Block? See staff note above. c. Zoning (page 4 Transmittal Letter) Since December 2020, the Council held off considering the zoning changes while the Administration conducted further, meaningful public process. The intent of the process was to help identify potential community benefits of the block and gather feedback on potential future uses on the block. Two steps the Council asked to have completed before considering the zoning changes are: 1. An opportunity to review and provide input on the Administration’s future planning efforts (an RFI). 2. Completing a public engagement process that would further explore the vision for future redevelopment of Fleet Block and what public benefits could be included. The Council was briefed on the RFI in April 2022. The RFP transmittal outlines additional public engagement the Administration conducted. Does the Council feel the goals for more public engagement and opportunity to provide input on the RFI have been satisfied? If yes, does the Council support setting a date to consider adopting the zoning changes at a Council meeting? d. RFP – Equity and Inclusion provisions (Page 5 Transmittal Letter) The Transmittal letter notes the RFPs will include requirements to ensure the forthcoming development provides economic opportunities, affordable living, and cultural expression for all residents, particularly communities of low- and moderate-income and minority communities. An Inclusive Committee will be established to help review and rank responses to the RFP. Additionally, a community benefit agreement to ensure the community’s interest are addressed in future development and metrics to track the outcomes will be part of the development process Does the Council have any question about how equity and inclusion factors will be included in the RFP process? Page | 13 Zoning Amendments 1. Summary of Zoning Amendments 2.Planning Commission Recommended Changes 3. Responses to questions raised during the October 6, 2020, work session briefing 4. Zoning Policy Questions 1. Summary of Zoning Amendments Text Amendment: Establish Development Standards and Land Uses The Planning Division drafted development standards for the FB-UN3 zoning district. FB-UN3 is meant to complement the existing FB-UN 1 and FB-UN2 zoning districts which are found mainly in the Central 9th neighborhood. According to Planning staff, “The zone would have similar regulations to the FB-UN2 zone, which is mapped on the blocks around 900 South and 200 West and allows for four to five story tall mixed-use development. The FB-UN3 zone would primarily differ in that it would include requirements for mid- block walkways, allow more intense commercial land uses, such as light manufacturing and industrial assembly, and allow for greater height. The differences are intended to reflect the broad mix of land uses expected with the block and the surrounding "Granary" area and various Downtown Plan policies for the area that support a mix of housing choices and clean industries.” (Planning Commission staff report, page 3) Below is a summary of key form-based concepts for the proposed the FB-UN3 zoning district. It is also outlined in detail on pages 3-6 of the Planning Commission staff report. It is provided here for ease of access. Additionally, Planning staff created a graphical summary of the proposed FB- UN3 regulations. See Attachment B to view that summary. Rezone the Fleet Block to FB-UN 3 The City owns the majority of the Fleet Block. However, the southwest corner is privately owned. The owner of that portion of the block asked to be included in the rezone. Vicinity Map (Page 2 Planning Commission Staff Report) Page | 14 Building Form Types •Row house (townhome) •Storefront (a commercial building - retail, office, etc.) •Vertical Mixed-Use (a building with ground floor commercial and residential above) •Multi-family (an apartment or condominium building) General Building Standards •Height Limits o 40' for rowhouse and 85' for vertical mixed-use/multi-family/storefront (125' through Design Review.) •Front Setback Limits and Build-To Lines o Requires that buildings are located close to the sidewalk •Open Space Requirements o 10% of lot area and can be yards, plazas, rooftop decks, similar o 25% of unit footprint for row houses •Ground Floor Use Minimums o 75% of the width of ground floor facade must be an active use (not parking) and have a minimum depth of 25' - meant to ensure activity occurs next to pedestrians along ground floor facades • Exception for rowhomes- use space must have 10' depth o Along 900 South, the required ground floor space is limited to the following uses: retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters, or performing art facilities. • Exception for row houses, must be live/work and have 25' depth •Minimum Ground Floor Heights o Min. 14' to ensure flexible, viable active spaces in the long-term Page | 15 •Mid-block Walkway Installation o Required where mapped in the Downtown Master Plan, generally through the middle of blocks. Meant to increase pedestrian accessibility through additional walking routes on large City blocks. •Entry Features for Dwellings o Every ground floor dwelling unit adjacent to a street must include an entry feature, such as a porch, stoop, shopfront, terrace, etc. o For row houses, each dwelling unit must include an entry feature even if the unit is not street facing •Rowhome Frontage o Rowhome lots without frontage along a street allowed with a final plat that documents access easements for lots and includes a shared infrastructure reserve study disclosure o Rowhomes adjacent to the street must incorporate a street facing entry feature Design Standards •Entryway Installation o Facade must include an entry feature- porch, stoop, shopfront, terrace, etc. o One entry required for every 75' of facade •Glass/Window Minimums o 60% of ground floor facade and 15% of upper floor facade must be glass. •Blank Wall Limits o No blank wall that is uninterrupted by doors, windows, or other projections, over 30' in length. •High Quality Exterior Building Material Minimums o Min. 70% of facade must be quality, durable material- brick, fiber-cement, textured concrete, etc. •Balcony Requirements for Dwellings Units o Dwelling units on upper levels facing a street must have a balcony •Upper Floor Step-back Requirement and Balcony Inclusion Alternative o Floors above the 30' height level facing a public street must be stepped back 15' or include balconies •Parking Structure Design Requirements o Includes variety of requirements for the facade and ground level activation •Build-to Line Alternatives o Allows for plazas, arcades, outdoor dining to count toward meeting minimum build-to line requirements (the setback that a minimum percentage of the building must be built to), allowing buildings to be set-back behind these features Parking and Driveway Regulations Page | 16 The zone includes limits on driveways and parking to limit their impact on the pedestrian experience: •Driveway number and location limits - 1 driveway per street face •Parking limited to behind/ side of buildings •No minimum parking requirement due to proximity to transit (same requirement as neighboring FB-UN1 and FB-UN2 zones) Streetscape Requirements Every building form must comply with general streetscape improvement requirements. These include regulations on: •Street trees (min. 1 every 30 feet) •Sidewalk widths (min. 8 feet) •Streetlights (required where identified in City streetlight plans) Land Uses The proposed allowed land uses are broad and are intended to reflect the Downtown Master Plans call for an integration of "urban family living" and "clean industry" uses. Staff believes the design controls of the form-based code allow for a larger assortment of uses without generally having the same level of concern for compatibility and conflicts that would likely exist under a traditional code. Outdoor manufacturing and outdoor equipment storage uses would not be allowed, to avoid noise and visual conflicts. Storage/warehouse uses, which have limited human activity, would not be allowed on the ground floor next to the sidewalk. •Broad variety of allowed uses (from townhomes up to light manufacturing) Please see Attachment C to view the proposed land use table. Signs Sign regulations proposed for this zone generally match the FB-UN2 zoning allowances, with some exceptions, taking into consideration the proposed higher scale of development in the FB-UN3. This includes some additional sign types, such as monument signs, marquee signs and building oriented flat signs (generally a major tenant or name of building). Other Related Amendments As part of this proposal, staff is including additions and clarifications to some general regulations for development under the Form-Based Code chapter. This includes: •Clarifying the list of allowed exterior building materials •Allowing modifications to design requirements through the "Design Review" chapter, which has standards related to such modifications. Currently, modification requests must go through the Planned Development process which does not address design specifically, unlike the Design Review chapter. 2.Planning Commission Recommended Changes Page | 17 Pages 3-4 of the transmittal letter outlines four recommendations the Planning Commission requested the Council consider. If the Council supports the concepts raised by the Planning Commission, which are outlined below, the Administration can prepare draft language to be considered for inclusion in the final ordinance. e. Limit lot sizes The Commission was concerned there may be very large developments on the Fleet Block and recommended there should be lot size limits to encourage small buildings and greater building variety. • Generally, the City zoning code does not have maximum lot sizes, except within residential districts. • In certain zoning districts, the scale of development is regulated by limiting building width and the length of blank walls. Those regulations are included in the proposed FB-UN3 zone. • If the maximum lot size limitation were applied, such a limit would only be applicable to new subdivided lots, and existing lots of any size could be developed. • Through the selling process, the City can divide up the Fleet Block into smaller lots without changes to the zoning. Would the Council like to request the Administration draft regulations for consideration that would limit the potential size of lots on the Fleet Block? f. Require that lots have frontage on rights-of-way or streets •The Planning Commission expressed concern regarding row houses (townhomes) where some of the units are oriented to the side yard. •They requested the City Council consider regulations that would require all units in a row house project to be located along a public street or other public right-of-way. •The proposed ordinance presented to the Planning Commission requires every building to have public street frontage and the portion of the building along the street must address the street with limited setbacks, high quality building materials, glass minimums, and significant entrance features. •The proposed zoning also includes an allowance for a rowhouse building to have some units that don't face the street and are accessed from private sidewalks interior to a site. The allowance is similar to that recently adopted by the Council for the RMF-30 zone. Does the Council want to request the Administration draft regulations for consideration that would require all units to front a public street? g. Limit the size of parking lots with a maximum lot size •The Planning Commission was a concerned there could be large surface parking lots in the middle of blocks, like those in the Sugar House Business District, located behind or to the side of buildings. •In the FB-UN3 zone, there is a maximum parking stall number limit that should generally limit the potential for large surface parking lots. •The City doesn't currently have limits on parking lot sizes in any zone, except regarding the number of stalls allowed. •If a surface parking lot size limit was imposed, there would need to be analysis regarding its impact on the ability of potential businesses in this area to provide reasonable parking within the dimensions. Page | 18 Would the Council like to request the Administration draft regulations for consideration that would limit surface parking lot size in the FB-UN3 zone? h. Require the midblock walkways but allow them to be flexible in their location •The Planning Commission wanted to ensure there would be flexibility in the final location of mid-block walkways shown in the Downtown Plan for the Fleet Block, rather than requiring walkways to cross the block through the exact center of the block. •The zoning proposal includes language used in other City zones provides flexibility in exact walkway location, but additional language could be added to emphasize the flexibility. •Although no consideration was added to its recommendation, the Commission discussed how the Fleet Block property would be sold to a private developer, including if and how the property would be broken up into new mid-block streets, and if any public plaza/park property would be kept. •The Commission expressed a desire in seeing the block being broken up for smaller developments with mid-block streets, as opposed to one large, single development for the whole block. Staff informed the Commission the City could break up the block through the City's property sale process and could require new streets through the block. Would the Council like to request the Administration draft regulations for consideration that would ensure flexibility in locating mid-block walkways on the Fleet Block? 3. Responses to questions raised during the October 6, 2020 work session briefing During the October 6, 2020 work session briefing the Council raised questions about the proposed zoning amendments. The list of questions is outlined below. Please see Attachment D for the Administration’s responses to these questions. Staff will be prepared to review these questions one by one and answer additional questions the Council may have. A. Can the proposed ordinance require any open space be open to the public? B. Questions were raised about potentially increasing the amount of open space required by the ordinance. Concerns were expressed that may be considered a taking. ▪How, if at all, would requiring more open space be consider a taking if the City owns the property? ▪Would the taking concern apply to other privately owned properties that may be potentially rezoned to FB-UN3? ▪Would increasing the amount of required open space potentially impede some kinds of development? •Does requiring open space attract some kinds of development? C. Could the Administration explain if there is a difference between open space required by the ordinance and the City designating some of the City owned fleet block as a park/green/open space? D. Can the City designate as much of city-owned portions of the Fleet Block a park/open space as it wants? ▪What is the process for the City to designate a park area? Page | 19 E. Could Planning Staff further explain landscaping requirements for the various type of buildings in the FB-UN3 and if it would be appropriate to increase vegetation requirements for the larger buildings? ▪Would vegetation on rooftops be allowed (roof gardens, green roofs, etc.)? F. Concerns were raised about the center of Fleet Block becoming a large parking lot. ▪Are there provisions in the ordinance that would prevent this from happening or could they be added? G. The ordinance requires ground floor uses on 900 South to be active uses such as retail establishments, restaurants, etc. Could active uses be required on 300 West too? ▪Would providing some exceptions make it more feasible? Potential Straw Polls Pertaining to Follow-up Information on Zoning 4. Question E asked about landscaping requirements. Planning staff notes one way to address concerns that the open space is useable is to require a minimum length or width dimension for open space. This would increase the likelihood the space will be an amenity, rather than a narrow yard. A minimum open space dimension of 15’ x 15’ has been added to broader Form Based zone changes that are part of the ongoing Downtown Building Heights regulations project. Amenity requirements, like seating, have also been added. The changes would affect all Form Based zones, including FB-UN3. The proposal received a positive recommendation from the Planning Commission and will be with the Council shortly. •Does the Council support amending the ordinance to require a minimum length/width for open space? 5. Some expressed concern that allowing rooftop decks to count toward the open space requirement may not improve the overall design since it will be out view for most of the public who interact with the buildings •Does the Council support allowing rooftop decks to count toward open space requirements? •If not, does the Council support requesting the Administration make recommendations for changes to the FB-UN3 code pertaining to rooftop decks counting toward open space requirements. 6. Question G asked about active uses on 300 West. In Planning’s response they note the ordinance requires 14’ floors to “encourage and support the use of ground floor for more active uses in the long term even if not immediately viable.” They further note there are other examples in City code that are used to preserve future options to convert space to “higher activity uses.” •Does the Council support asking the Administration to make recommendations for changes to the FB-UN3 code that would provide additional options to encourage high activity uses along 300 West? SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending the text of Title 21A of the Salt Lake City Code to create the FB-MU11 Form Based Mixed Use 11 Subdistrict) An ordinance amending the text of Title 21A of the Salt Lake City Code to create the FB- MU11 Form Based Mixed Use 11 Subdistrict pursuant to Petition No. PLNPCM2019-00277. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on December 11, 2019 to consider a petition by former Salt Lake City Mayor Jacqueline Biskupski to amend various provisions of Title 21A of the Salt Lake City Code to create the FB- MU11 Form Based Mixed Use 11 Subdistrict, to establish regulations for that subdistrict, and to apply the FB- MU11 Form Based Mixed Use 11 Subdistrict to the “fleet block” property located between 800 South and 900 South Streets and 300 West and 400 West Streets pursuant to Petition No. PLNPCM2019-00277; and WHEREAS, at its December 11, 2019 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; and WHEREAS, after a public hearing on this matter the City Council has determined 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 Section 21A.22.010. That Section 21A.22.010 of the Salt Lake City Code (Zoning Districts) shall be, and hereby is amended to read and appear as follows: 21A.22.010: ZONING DISTRICTS: 1 In order to carry out the purposes of this title, Salt Lake City is divided into the following zoning districts: Section Reference District Name A. Residential Districts: 21A.24.020 21A.24.030 21A.24.040 21A.24.050 21A.24.060 21A.24.070 21A.24.080 FR-1/43,560 Foothills Estate Residential District FR-2/21,780 Foothills Residential District FR-3/12,000 Foothills Residential District R-1/12,000 Single-Family Residential District R-1/7,000 Single-Family Residential District R-1/5,000 Single-Family Residential District SR-1 and SR-1A Special Development Pattern Residential District 21A.24.090 21A.24.100 SR-2 (Reserved) SR-3 Special Development Pattern Residential District 21A.24.110 21A.24.120 R-2 Single- and Two-Family Residential District RMF-30 Low Density Multi-Family Residential District 21A.24.130 21A.24.140 21A.24.150 RMF-35 Moderate Density Multi-Family Residential District RMF-45 Moderate/High Density Multi-Family Residential District RMF-75 High Density Multi-Family Residential District 21A.24.160 21A.24.164 21A.24.168 21A.24.170 21A.24.180 RB Residential/Business District R-MU-35 Residential/Mixed Use District R-MU-45 Residential/Mixed Use District R-MU Residential/Mixed Use District RO Residential/Office District B. Commercial Districts: 21A.26.020 21A.26.025 21A.26.030 21A.26.040 21A.26.050 21A.26.060 21A.26.070 CN Neighborhood Commercial District SNB Small Neighborhood Business District CB Community Business District CS Community Shopping District CC Corridor Commercial District CSHBD Sugar House Business District CG General Commercial District 2 21A.26.078 TSA Transit Station Area District C. Form Based Districts: 21A.27.040 21A.27.050 21A.27.060 FB-SC and FB-SE Form Based Special Purpose Corridor District FB-UN1 and FB-UN2 Form Based Urban Neighborhood District FB-MU Form Based Mixed Use District D. Manufacturing Districts: 21A.28.020 21A.28.030 M-1 Light Manufacturing District M-2 Heavy Manufacturing District E. Downtown Districts And Gateway Districts: Downtown Districts: 21A.30.020 21A.30.030 21A.30.040 21A.30.045 D-1 Central Business District D-2 Downtown Support District D-3 Downtown Warehouse/Residential District D-4 Downtown Secondary Central Business District Gateway Districts: 21A.31.020 G-MU Gateway-Mixed Use District F. Special Purpose Districts: 21A.32.020 21A.32.030 21A.32.040 21A.32.050 21A.32.052 21A.32.054 21A.32.056 21A.32.060 21A.32.070 21A.32.075 21A.32.080 21A.32.090 21A.32.100 21A.32.105 21A.32.110 21A.32.120 21A.32.130 RP Research Park District BP Business Park District FP Foothills Protection District AG Agricultural District AG-2 Agricultural District AG-5 Agricultural District AG-20 Agricultural District A Airport District PL Public Lands District PL-2 Public Lands District I Institutional District UI Urban Institutional District OS Open Space District NOS Natural Open Space District MH Mobile Home Park District EI Extractive Industries District MU Mixed Use District 3 G. Overlay Districts: 21A.34.020 21A.34.030 21A.34.040 21A.34.050 21A.34.060 21A.34.070 21A.34.080 21A.34.090 21A.34.100 21A.34.110 21A.34.120 21A.34.130 21A.34.140 21A.34.150 H Historic Preservation Overlay District T Transitional Overlay District AFPP Airport Flight Path Protection Overlay District LC Lowland Conservancy Overlay District Groundwater Source Protection Overlay District LO Landfill Overlay District CHPA Capitol Hill Protective Area Overlay District SSSC South State Street Corridor Overlay District M-1H Light Manufacturing Height Overlay District DMSC Downtown Main Street Core Overlay District YCI Yalecrest Compatible Infill Overlay District RCO Riparian Corridor Overlay District Northwest Quadrant Overlay District IP Inland Port Overlay District H. Character Conservation Districts: 21A.35.010 Purpose SECTION 2. Enacting the text of Salt Lake City Code Section 21A.27.060. That Section 21A.27.060 of the Salt Lake City Code (Form Based Districts: FB-MU Form Based Mixed Use Subdistricts) shall read and appear as follows: SECTION 21A.27.060: FB-MU FORM BASED MIXED USE SUBDISTRICTS A. Subdistricts: 1. Names: The following subdistricts can be found in the form based mixed use district: a. RESERVED. b. FB-MU11, Mixed Use 11 Subdistrict: This subdistrict generally includes buildings up to 8 stories in height, with taller buildings up to 11 stories allowed through the design review process. Development regulations are based on types of buildings and differ between building types as indicated. The subdistrict contains a mix of uses that include commercial, technical, light industrial, high density residential, and other supportive land uses. B. Reserved. C. FB-MU11 Building Form Standards: 4 Building form standards for each allowed building form and other associated regulations for the FB-MU11 subdistrict are listed in the below tables of this section. 1. Row House Building Form Standards: TABLE 21A.27.060.C.1 Regulation for Building Form:Building Regulation Row House H F S Height Maximum of 40’. All heights measured from established grade. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. Front and Corner Side Minimum 5’. Maximum 10’, unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May Yard Setback be modified through Design Review (Chapter 21A.59). Interior Side Yard Minimum of 5’ between row house building form and side property line, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. No setback required for common walls. R U Rear Yard Minimum of 5’ between row house building form and rear property line, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. Uses Per Story Residential on all stories; live/work units permitted on ground level. GU Ground Floor The required ground floor use space facing 900 South must be occupied by a live/work Use on 900 South space at least 25’ in depth. Dimensions may be modified through Design Review (Chapter 21A.59). E Entry Feature Each dwelling unit must include an allowed entry feature. See Table 21A.27.030B for allowed entry features. Dwelling units adjacent to a street must include an entry feature on street facing façade. Pedestrian connections, as per Subsection 21A.27.030.C.5, with minimum 5’ width are required for each required entry feature. U Upper Level Stepback When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building façade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. OS Open Space Area Each dwelling unit shall include a minimum open space area that is equal to at least 25% of the footprint of the individual unit, subject to all other open space area requirements of Subsection 21A.27.030.C.1 “Open Space Area.” A minimum of 20% of the required open space area shall include vegetation. BF Building Multiple buildings may be built on a single lot provided all of the buildings have Forms Per Lot frontage on a street. All buildings shall comply with all applicable standards. SO Side/Interior Orientation Dwelling units not located directly adjacent to a street are permitted, provided the design standards for glass are complied with on the façade with the required entry feature. 5 Lots for individual row house dwelling units without public street frontage are allowed subject to recording a final subdivision plat that: 1. Documents that new lots have adequate access to a public street by way of easements or a shared driveway; and 2. Includes a disclosure of private infrastructure costs for any shared infrastructure associated with the new lot(s) per Section 21A.55.110 of this title. MW Midblock Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. DS Design Standards See Section 21A.27.030 and Chapter 21A.37 for other applicable building configuration and design standards. 2. Multi-Family Residential, Storefront, and Vertical Mixed-Use Building Form Standards: TABLE 21A.27.060.C.2 Regulation for Building Forms: Multi-family Residential/Storefront/Vertical Mixed UseBuilding Regulation H Height Maximum height of 125’. All heights measured from established grade. Buildings in excess of 85’ require design review in accordance with Chapter 21A.59. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. GH Ground Floor Minimum ground floor height 14’. Height F Front and No minimum is required; however, doors are prohibited from opening into the public Corner Side right of way. Maximum 10’ unless a greater setback is required due to existing utility Yard Setback easements in which case the maximum setback shall be at the edge of the easement. May be modified through Design Review process (Chapter 21A.59). B S Required Build-To Minimum of 50% of street facing facade shall be built within 5’ of the front or corner side property line. May be modified through Design Review process (Chapter 21A.59). Interior Side No minimum required, except when an interior side yard is adjacent to a zoning district Yard that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. R Rear Yard No minimum required, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. GU Ground Floor The required ground floor use space facing 900 South shall be limited to the following Use on 900 South uses: retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters, or performing art facilities. 6 E Ground Floor Ground floor dwelling units adjacent to a street must have an allowed entry feature. See Dwelling Entrances Table 21A.27.030B for allowed entry features. Pedestrian connections, as per Subsection 21A.27.030.C.5, are required to each required entry feature. U Upper Level When adjacent to a lot in a zoning district with a maximum building height of 30’ or Stepback less, the first full floor of the building above 30’ shall step back 10’ from the building facade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. MW Midblock Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. OS Open Space A minimum of 20% of the required open space area shall include vegetation. Vegetation LB Loading Bay Maximum of one (1) loading bay on a front façade per street face, subject to all dimensional requirements in Section 21A.44.070. Loading bay entry width limited to 14’ and must be screened by garage door. One loading bay driveway is allowed in addition to any other driveway allowances. DS Design Standards See Section 21A.27.030 and Chapter 21A.37 for other applicable building configuration and design standards. 3. Parking Regulations: Specific parking standards applicable to the FB-MU11 subdistrict are listed below in Table 21A.27.060.C.3 of this section. These are in addition to any other applicable parking standards in Title 21A. TABLE 21A.27.060.C.3 Parking Regulation Applicability: Applies to all properties in the zone SP Surface Parking Surface parking shall be located behind or to the side of a principal building provided: Location 1. The parking is set back a minimum of 25’ from the front or corner side property line; and 2. The setback area shall be considered a landscaped yard and comply with the landscape yard planting requirements in Chapter 21A.46 and include: a. Trees with a minimum mature spread of 20’ planted at one tree for every 20’ of street frontage; and b. A 3’ tall solid wall or fence at the property line along the street. A hedge or other similar landscaped screen may be used in place of a wall or fence provided the plants are spaced no further than 18 inches on center across the entire frontage. GE Garage Entrances Street facing parking garage entrance doors shall have a minimum 20’ setback from the front property line and shall not exceed 50% of the first floor building width. One-way garage entry may not exceed 14’ in width; multiway garage entry may not exceed 26’ in width. VA Vehicle Access One (1) driveway is allowed per street frontage. Driveways required to meet fire code are exempt from this limitation. 7 LS Loading and Service Areas Allowed behind or to the side of a principal building only, except where specifically allowed by the applicable form based zoning subdistrict for the applicable building form. All service areas shall be screened or located within the building. EB Existing Buildings The reuse of existing buildings is exempt from the requirements of this table unless new parking area(s) are being added. New parking areas are subject to compliance with this section. 4. Streetscape Regulations: Specific streetscape regulations applicable to the FB-MU11 subdistrict are listed below in Table 21A.27.060.C.4 of this section. These regulations are in addition to any other applicable streetscape standards in Title 21A. TABLE 21A.27.060.C.4 Streetscape Regulation Applicability: Applies to all properties in the zone SW Sidewalk Width Sidewalks shall have a minimum width of 8’. This standard does not require removal of existing street trees, existing buildings, or portions thereof. For purposes of this section, sidewalk width is measured from the back of the park strip or required street tree if no park strip is provided, toward the adjacent property line. SL Street Lights Street lights are required and shall be installed in compliance with the city’s Street Lighting Master Plan and Policy or its successor. 5. Uses Not Associated with Building Form: Allowed uses that do not involve construction of a building, such as parks and open space, are not required to comply with any specific building form regulation. SECTION 3. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses In Form Based Districts) shall be, and hereby is amended to read and appear as follows: 21A.33.080: TABLE OF PERMITTED AND CONDITIONAL USES IN FORM BASED DISTRICTS: Note: Uses which are not listed in the following table are not permitted in any form based code zoning district. Legend: P = Permitted C = Conditional Use Permitted Uses By District FB- FB- FB- FB- FB- UN1 UN2 MU11 SC SE 8 Accessory use, except those that are specifically regulated in this chapter, or elsewhere in this title Adaptive reuse of a landmark building Alcohol: P P P P P P Bar establishment Brewpub Distillery Tavern Tavern, 2,500 square feet or less in floor area Winery P8 P8 P8 P8 P5 P8 P8 P5 P P8 P8 C8 C8 P8 P8 C8 Amphitheater, formal Amphitheater, informal Amusement park P P Animal Cremation service Kennel (Indoor) P P Kennel (Outdoor) Veterinary office Antenna, communication tower Art gallery C P P P P P P P P P P PP Artisan food production Artists loft/studio P3,5 P3,5 P P3,5 P3,5 Auction (indoor)P Auditorium P Bed and breakfast P P P P P P P P P P4,5 P P P P P P P P P Bed and breakfast inn Bed and breakfast manor Bio-medical facility Blacksmith shop (indoor) Blood donation center Botanical garden P4,5 P4,5 Brewery Brewery, small Bus line station/terminal Car wash Charity dining hall Clinic (medical, dental) Commercial food preparation Community garden Community recreation center Convent/monastery Convention center Crematorium P5 P5 C C P P P5 P P P P5 P P P5 P P P5 PP P P P P P P Daycare center, adult P P P P 9 center, child nonregistered home daycare registered home daycare or preschool P P1 P1 P P1 P1 P P1 P1 P P1 P1 P1 P1 Dwelling: Accessory guest and servants’ quarters Accessory unit P P P P P C P P P P P P P P P P P P P P Assisted living facility (large) Assisted living facility (limited capacity) Assisted living facility (small) Congregate Care Facility (Large) Congregate Care Facility (Small) Group home (large) Group home (small) Living quarters for caretaker or security guard Multi-family Residential support (large) Residential support (small) Rooming (boarding) house Single-family attached Single-family detached Single-family detached (cottage development building form only) P P C P P C P P C C P P P P P P P P P P P P P P P P PP PSingle room occupancy P Two-family P Emergency medical services facility Equipment rental (indoor) Exhibition hall P P P P P P P C P P P P2 P P P P P P5 P P P Farmers’ market P P P P P Financial institution Flea market (indoor) Funeral home Gas station Government facility Greenhouse Health and fitness facility Home occupation Hospital P P P P P PP P2 P P P2 P P P2 P2 Hotel/motel P P P PHouse museum in landmark site Industrial assembly (indoor) Intermodal transit passenger hub Laboratory, medical related Library P P5 P P5 P P5 P Manufacturing, light (indoor) Meeting hall of membership organization 10 Mixed use developments including residential and other uses allowed in the zoning district Mobile food business Mobile food court Mobile food trailer Mobile food truck Municipal service uses, including city utility uses and police and fire stations P P P P P P P P P P P PP Museum Nursing care facility Office Office and/or reception center in landmark site Open space Park P P P P P P P P P P P P P P P P P P P P P P P P P P Parking, commercial Parking facility, shared Parking garage C7 P7 P Parking, off site P P P P7 P7 P P5 P P P Parking, park and ride lot shared with existing use Performing arts production facility Photo finishing lab Place of worship Plazas P5 P P P5 P P P P P Radio, television station Railroad passenger station Reception center P P P Recreation (indoor)P P P P Recreation (outdoor)P Research and development facility Restaurant P5 P P5 P P5 P P5 P Retail goods establishment Retail goods establishment, plant and garden shop with outdoor retail sales area Retail service establishment Sales and display (outdoor) School: P P P P P P P P P P P P P P P P College or university Music conservatory Professional and vocational Seminary and religious institute Public or private P P P P P P P P P P P P P P P P P Seasonal farm stand P P P P Sign painting/fabrication (indoor) Social service mission Solar array P P P5P5 P5 P5 11 Storage, self Store, specialty Studio, art P6 P P P P P P P P Studio, motion picture Technology facility P P5P5 P5 P5 Theater, live performance Theater, movie Urban farm Utility, building or structure Utility, transmission wire, line, pipe, or pole Vehicle P P P P P P P P P P P P P P P P P P P P Automobile rental agency Automobile repair major Automobile repair minor Vending cart, private property Warehouse Welding shop (indoor) Wholesale distribution Wireless telecommunications facility Woodworking mill (indoor) P C P P P6 P C6 P P P P P P P P Qualifying provisions: 1. Subject to Section 21A.36.130 of this title. 2. Subject to Section 21A.36.030 of this title. 3. Must contain retail component for on-site food sales. 4. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 5. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 6. Only allowed on a ground floor when the use is located behind another permitted or conditional use that occupies the required ground floor use space. 7. Subject to parking location restrictions of Subsection 21A.27.060.C.3. 8. Subject to conformance with the provisions of section 21A.36.300, "Alcohol Related Establishments", of this title. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.36.020.C. That Subsection 21A.36.020.C of the Salt Lake City Code (Zoning: General Provisions: Conformance With Lot and Bulk Controls: Height Exceptions) shall be, and hereby is amended to read and appear as follows: C. Height Exceptions: Exceptions to the maximum building height in all zoning districts are allowed as indicated in Table 21A.36.020.C of this subsection. 12 TABLE 21A.36.020.C HEIGHT EXCEPTIONS Extent Above Maximum Building Height Allowed Type By the District Applicable Districts Chimney As required by local, State or Federal regulations All zoning districts Church steeples or spires No limit 16 feet All zoning districts Elevator/stairway tower or bulkhead All Commercial, Manufacturing, Downtown, FB-UN2, FB-MU, RO, R-MU, RMF-45, RMF-75, RP, BP, I, UI, A, PL and PL-2 Districts Flagpole Maximum height of the zoning district All zoning districts in which the flagpole is located or 60 feet, whichever is less. Conditional use approval is required for additional height Light poles for sport fields Maximum height of the zoning district All zoning districts that allow such as ballparks, stadiums, or 90 feet whichever is greater. Special sport field activities and soccer fields, golf driving ranges, and similar uses1 exception approval is required for any stadiums excluding parks less further additional height or if the lights than 4 acres in size are located closer than 30 feet from adjacent residential structures Mechanical equipment parapet wall 5 feet All zoning districts, other than the FP, FR-1, FR-2, FR-3, and Open Space Districts Note: 1. Lighting shall be shielded to eliminate excessive glare or light into adjacent properties and have cutoffs to protect the view of the night sky. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.46.096. That Section 21A.46.096 of the Salt Lake City Code (Zoning: Signs: Sign Regulations for Form Based Districts) shall be, and hereby is amended to read and appear as follows: 21A.46.096: SIGN REGULATIONS FOR THE FORM BASED DISTRICT: The following regulations shall apply to signs permitted in the form based code zoning district. Any sign not expressly permitted by these district regulations is prohibited. 13 A. Sign Regulations for the Form Based Code District: 1. Purpose: Sign regulations for the form based code zoning district are intended to provide appropriate signage oriented primarily to pedestrian and mass transit traffic. 2. Applicability: This subsection applies to all signs located within the form based code zoning district. This subsection is intended to list all permitted signs in the zone. All other regulations in this chapter shall apply. B. Sign Type, Size and Height Standards: 1. A-Frame Sign: Sign FB- FB- FB- FB- FB- Type UN1 UN2 MU SC SE Specifications A- frame sign P P P P Quantity Width 1 per leasable space. Leasable spaces on corners may have 2. Maximum of 2 feet. Any portion of the frame (the support structure) may extend up to 6 inches in any direction beyond the sign face. Height Maximum of 3 feet. Any portion of the frame (the support structure) may extend up to 6 inches in any direction beyond the sign face. 14 Placement On public sidewalk or private property. Obstruction Minimum of 8 feet must be free area maintained at all times for pedestrian passage. 2. Awning or Canopy Sign: Sign Type FB- FB- FB- FB- FB- UN1 UN2 MU SC SE Specifications Awning or canopy sign P P P P P Quantity 1 per window or entrance. Width Equal to the width of the window. Projection No maximum depth from building facade, however design subject to mitigation of rainfall and snowfall runoff, conflict avoidance with tree canopy, and issuance of encroachment permits where required. The awning or canopy can project a maximum of 2 feet into a special purpose corridor. 15 Clearance Minimum of 10 feet of vertical clearance. Letters and Allowed on vertical portions of sign only. logos Location Private property or a public street. permitted Signs can face a special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 3. Construction Sign: Sign Type FB- FB- FB- FB- FB- UN1 UN2 MU SC SE Specifications Construction sign (see definition in this P P P P P Quantity 1 per construction site. Height Maximum of 8 feet. Maximum of 12 feet in FB-MU.chapter) Area Maximum of 64 square feet. Location Private property or a public street. permitted Signs can face the special purpose corridor, but must be located on private property. 4. Flat Sign: 16 Sign FB- FB- FB- FB- FB- Type UN1 UN2 MU SC SE Specifications Flat sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Width Maximum of 90% of width of leasable space. No maximum width in FB-MU. Height Area Maximum of 3 feet. No maximum height in FB-MU. 11/2 square feet per linear foot of store frontage. Projection Maximum of 1 foot. 5. Flat Sign (building orientation): FB- FB- FB- FB- FB- Sign Type UN1 UN2 MU SC SE Specifications Flat sign P Quantity 1 per building face. (building orientation)Height May not extend above the roof line or top of parapet wall. 17 Area 11/2 square feet per linear foot of building frontage. 6. Marquee Sign: Sign FB- FB- FB- FB- FB- Type UN1 UN2 MU SC SE Specifications Marquee sign P Quantity 1 per building. Width Height Area Maximum of 90% of width of leasable space. May not extend above the roof of the building. 11/2 square feet per linear foot of building frontage. Projection Maximum of 6 feet. May project into right of way a maximum of 4 feet provided the sign is a minimum of 12 feet above the sidewalk grade. 7. Monument Sign: Sign Type FB- FB- FB- FB- FB- UN1 UN2 MU SC SE Specifications Monument sign P Quantity 1 per building. Setback Height Area 5 feet. Maximum of 20 feet. 1 square feet per linear foot of building frontage. 8. Nameplate Sign: 18 Sign Type FB- FB- FB- FB- FB- UN1 UN2 MU SC SE Specifications Nameplate sign P P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Area Maximum of 3 square feet. 9. New Development Sign: FB- FB- FB- FB- FB- Sign Type UN1 UN2 MU SC SE Specifications New Development sign P Quantity 1 per street frontage. 5 feet.Setback Height Area 12 feet. 200 square feet. 10. Private Directional Sign: 19 FB- FB- FB- FB- FB- Sign Type UN1 UN2 MU SC SE Specifications No limit.Private P P P P P Quantity Height Area directional sign (see definition in this Maximum of 5 feet. Maximum of 8 square feet. Restriction May not contain business name or logo.chapter) Location Private property or public street. permitted Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 11. Projecting Sign: Sign Type FB- FB- FB- FB- FB- UN1 UN2 MU SC SE Specifications Projecting sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. 20 Clearance Minimum of 10 feet above sidewalk/walkway. Area 6 square feet per side, 12 square feet total. Projection Maximum of 4 feet from building façade. Location Private property or public street. Signs permitted can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 12. Projecting Parking Entry Sign: Sign Type FB- FB- FB- FB- FB- UN1 UN2 MU SC SE Specifications Projecting parking entry sign (see projecting sign P P P Quantity 1 per parking entry. Clearance Minimum of 10 feet above sidewalk/walkway. Height Area Maximum of 2 feet. 4 square feet per side, 8 square feet total.graphic) Projection Maximum of 4 feet from building facade for public and private streets. Maximum of 2 feet within the special purpose corridor. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 13. Public Safety Sign: 21 Sign Type FB- FB- FB- FB- FB- UN1 UN2 MU SC SE Specifications Quantity No limit.Public P P P P P safety Height Area Maximum of 6 feet. 8 square feet. sign (see definition in this Projection Maximum of 1 foot.chapter) Location Private property or public street. Signs permitted can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 14. Real Estate Sign: Sign FB- FB- FB- FB- FB- Type UN1 UN2 MU SC SE Specifications Real estate sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Height Area Maximum of 12 feet. 32 square feet. 64 square feet in FB-MU. 22 Location Private property or public street. Signs can permitted face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 15. Window Sign: Sign Type FB- FB- FB- FB- FB- UN1 UN2 MU SC SE Specifications Quantity 1 per window.Window sign P P P P Height Maximum of 3 feet. Area Maximum of 25% of window area. SECTION 6. Amending the text of Table 21A.37.060.G of Salt Lake City Code. That Table 21A.37.060.G of the Salt Lake City Code (Form Based Districts), shall be, and hereby is amended to read and appear as follows: 23 District Standard (Code Section)FB-UN1 FB-UN2 FB-FB-SC FB-SE MU11 Ground floor use (%) (21A.37.050.A.1) 75 753 75 75 Ground floor use + visual interest (%) (21A.37.050.A.2) Building materials: ground floor (%) (21A.37.050.B.3) 70 70 70 70 70 70 70 70 70 70Building materials: upper floors (%) (21A.37.050.B.4) Glass: ground floor (%) (21A.37.050.C.1) 601 15 601 15 601 15 601 15 601 15Glass: upper floors (%) (21A.37.050.C.2) Reflective Glass: ground floor (%) (21A.37.050.C.1) Reflective Glass: upper floors (%) (21A.37.050.C.2) Building entrances (feet) (21A.37.050.D) 75 15 75 15 75 30 75 30 75 30Blank wall: maximum length (feet) (21A.37.050.E) Street facing facade: maximum length (feet) (21A.37.050.F) 200 200 200 200 200 Upper floor step back (feet) (21A.37.050.G.4) X X X X X X X X X X XLighting: exterior (21A.37.050.H) X X X X Lighting: parking lot (21A.37.050.I) X Screening of mechanical equipment (21A.37.050.J) X Screening of service areas (21A.37.050.K.1) X2 24 Ground floor residential entrances for dwellings with individual unit entries (21A.37.050.L) X X X Parking garages or structures (21A.37.050.M) X 40 X X 40 X X 40 X X X X X Tree canopy coverage (%) (21A.37.050.P.1) Minimum vegetation standards (21A.37.050.P.2) Street trees (21A.37.050.P.3) Soil volume (21A.37.050.P.4) X X X X X X X X XMinimize curb cuts (21A.37.050.P.5) Overhead cover (21A.37.050.P.6) Streetscape landscaping (21A.37.050.P.7) X X X X X XHeight transitions: angular plane for adjacent zone districts (21A.37.050.Q) Horizontal articulation (21A.37.050.R) X X X Notes: 1. This may be reduced to twenty percent (20%) if the ground floor is within one of the following building types: urban house, two-family, cottage, and row house. 2. Except where specifically authorized by the zone. 3. For buildings with street facing building facades over 100' in length: a. A minimum length of 30% of the ground floor street facing façade shall consist of non-residential active uses allowed by 21A.37.050.A.1. b. An additional minimum length of 45% of the ground floor street facing façade shall consist of any active uses allowed by 21A.37.050.A.1. c. This footnote does not apply to the rowhouse building form. SECTION 7. Amending the text of Table 21A.44.040-A in Section 21A.44.040 of Salt Lake City Code. That Table 21A.44.040-A in Section 21A.44.040 of the Salt Lake City Code 25 (Minimum and Maximum Off Street Parking), shall be, and hereby is amended to read and appear as follows: 26 TABLE 21A.44.040-A: MINIMUM AND MAXIMUM OFF STREET PARKING: DU= dwelling unit sq. ft.= square feet Land Use Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context All zoning districts not listed in another 45, SR-3, FB-UN1, RB, SNB, CB, CN, D-2, MU, TSA-T,D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-MU11, FB- SC, R-MU R-MU-35,R-MU -CSHBD1, CSHBD2 context area FB-SE, SSSC Overlay Vehicle Stacking and Drive-Through Facilities: See Subsection 21A.44.040.A.6 Outdoor Sales/Display/Leasing/Auction Areas: See Subsection 21A.44.040.A.7 RESIDENTIAL USES Household Living 1.5 spaces perArtists’ loft/studio 1 space per DU 0.5 spaces per DU No Minimum No Minimum No MaximumDU Manufactured home Mobile home Single-family (attached) Single-family (detached) All Contexts: 4 spaces per DU, not including recreational vehicle parking spaces 2 spaces per DU 1 space per DU Single-family cottage development building form 1 space per DU 2 spaces per DU Twin home All Contexts: 4 spaces, not including recreational vehicle parking spaces 1 space per DU No MinimumTwo-family 27 Studio: No minimumStudio and 1 bedrooms: 1 space per DU, 2+ bedrooms 1.25 space per DU All Contexts: Studio & 1 Bedroom: 2 spaces per DU; 2+ bedrooms: 3 spaces per DU Studio and 1+bedrooms: 1 space per DU 1 bedroom: 0.5 space per DuMulti-family No Minimum 2+ bedrooms: 1 space per DU Group Living Assisted living facility 1 space for every 8 infirmary or nursing home beds; plus 1 space for every 6 rooming units; plus 1 space for every 4 DU; See Table Note A 1 space for every 6 infirmary or nursing home beds; plus 1 space for every 4 rooming units; plus 1 space for every 3 DU; See Table Note A No Minimum No MaximumNursing care facility Congregate Care Facility (large) 1 space for each family, plus 1 space for every 4 individual bedrooms, plus 1 space for every 2 support staff present All Contexts: 1 space per bedroom plus 1 space for each support staff present No Minimum No MinimumCongregate Care Facility (small) 3 spaces per facility and 1 space for every 2 support staff present Group home 1 space per 4 persons design capacity; See Table Note A 1 space per 6 persons design capacity; See Table Note A 1 space per 4 persons design capacity; See Table Note A All Contexts: 1 space per 3 persons design capacity; See Table Note A No MinimumResidential support 1 space per 2 persons design capacity 1 space per 3 persons design capacity 1 space per 4 persons design capacity All Contexts: 1 space per 1 persons design capacity Dormitory, fraternity, sorority No Minimum No Minimum1 space per 2 guest rooms 1 space per 3 guest 1 space per 4 guest rooms roomsRooming (boarding) house No Maximum 28 0.25 spaces per unitShared housing Table Notes: 0.5 spaces per unit No Minimum No Maximum A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. DU= dwelling unit sq. ft.= square feet Minimum Parking Requirement General Context Neighborhood Center Context Urban Center Context Transit Context Maximum Parking AllowedAll zoning districts not listed in another 45, SR-3, FB-UN1, RB, SNB, CB, CN, D-2, MU, TSA-T,D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-MU11, FB- SC, R-MU Land Use R-MU-35,R-MU -CSHBD1, CSHBD2 context area FB-SE, SSSC Overlay PUBLC, INSTITUTIONAL, AND CIVIC USES Community and Cultural Facilities Art gallery Studio, Art Exhibition hall Museum 0.5 spaces per 1,000 sq. ft. All Contexts: 2 spaces per 1,000 sq. ft.1 space per 1,000 sq. ft.No Minimum 29 Crematorium Daycare center, adult Daycare center, child Homeless resource center Library 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft.No Minimum No Maximum Community correctional facility 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft.Community recreation center Jail Government facility Social service mission and 3 spaces per 1,000 sq. ft. of office area charity dining hall 1 space per 1,000 sq. ft. of office area No Minimum No Minimum No Minimum No Maximum No Maximum 1 space per 1,000 sq. ft. of office area, plus 1 space per service vehicle Municipal service use, including city utility use and police and fire station 2 spaces per 1,000 sq. ft. of office area, plus 1 space per service vehicle Club/lounge Meeting hall membership organization 1 space per 6 seats in main assembly area 1 space per 8 seats in main assembly area 1 space per 10 seats in main assembly area All Contexts: 1 space per 4 seats in main assembly area 1 space per 4 persons design capacity 1 space per 6 persons design capacity 1 space per 8 persons design capacity No Minimum No MaximumConvent/monastery 30 Urban Center and Transit Contexts: 2 spaces per 4 seats in main assembly areas1 space per 4 seats in main assembly area 1 space per 5 seats 1 space per 6 seats Funeral home in main assembly area in main assembly area No Minimum No Minimum Neighborhood Center and General Contexts: No maximum 1 space per 6 seats or 1 space per 300 sq. ft., whichever is less 1 space per 8 seats or 1 space per 400 sq. ft., whichever is less 1 space per 10 seats or 1 space per 500 sq. ft, All Contexts: 1 space per 3.5 seats or 1 space per 200 sq. ft., whichever is greater Place of worship Fairground whichever is less See Table Note B No Maximum All Contexts: 1 space per 3.5 seats or 1 space per 200 sq. ft., whichever is greater Philanthropic use See Table Note B See Table Note BZoological park Ambulance service Cemetery Plazas Park No Maximum No Minimum Open space 31 Educational Facilities 2 spaces per 1,000 sq. ft. office, research, 1 space per 1,000 sq. ft. office, research, College and university and library area, plus 1 space per 6 seats in and library area, plus 1 space per 10 seats in assembly areas assembly areas K-12 private K-12 public Elementary or Middle: 1 space per 20 students design capacity High Schools: 1 space per 8 students design capacity Dance/music studio Music conservatory Professional and vocational All Contexts: 4 spaces per 1,000 sq. ft.Professional and vocational (with outdoor activities) No Minimum 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Seminary and religious institute 32 Healthcare Facilities 1 space per 1,000 sq. ft. All Contexts: 6 spaces per 1,000 sq. ft.Clinic (medical, dental)4 spaces per 1,000 sq. ft. 3 spaces per 1,000 sq. ft. Transit and Urban Center Contexts: 3 spaces per 1,000 sq. ft.1 space per 1,000 sq. ft.Blood donation center Hospital No Minimum Neighborhood Center and General Contexts: 6 spaces per 1,000 sq. ft. 1 space per 2 patient beds design capacity All Contexts: 1 space per 2 patient beds design capacity 1 space per 3 patient beds design capacityHospital, including accessory lodging facility Table Notes: A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. DU= dwelling unit sq. ft.= square feet Minimum Parking Requirement Maximum Parking AllowedLand Use General Context Neighborhood Center Context Urban Center Context Transit Context 33 All zoning districts not listed in another 45, SR-3, FB-UN1, RB, SNB, CB, CN, D-2, MU, TSA-T,D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-MU11, FB- SC, R-MU R-MU-35,R-MU -CSHBD1, CSHBD2 context area FB-SE, SSSC Overlay COMMERCIAL USES Agricultural and Animal Uses Greenhouse Kennel Pound 1 space per 1,000 sq. ft.Veterinary office Cremation service, animal 2 spaces per 1,000 sq. ft.No Minimum No Minimum Kennel on lots of 5 acres or larger Poultry farm or processing plant Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Raising of furbearing animals 1 space per 1,000 sq. ft. Slaughterhouse Agricultural use Community garden Farmer’s market Grain elevator Pet cemetery Stable Neighborhood Center and General Contexts: No Maximum No Minimum Stockyard Urban farm Botanical garden See Table Note B 34 Recreation and Entertainment Auditorium Theater, live performance seats in assembly 1 space per 4 All Contexts: 1 space per 3 seats in1 space per 6 seats 1 space per 8 seats No Minimumin assembly areas in assembly areasareas assembly areasTheater, movie Amphitheater Athletic Field See Table Note B Stadium Tennis court (principal use)2 spaces per court Transit and Urban Center Contexts: 2 spaces per court or laneNo MinimumBowling2 spaces per lane Neighborhood Center and General Contexts: No Maximum Convention center All Contexts: 3 spaces per 1,000 sq. ft.Swimming pool, skating rink or natatorium 1 space per 1,000 sq. ft. Health and fitness facility Performing arts production facility Reception center No Minimum2 spaces per 1,000 sq. ft.1 space per 1,000 sq. ft. All Contexts: 4 spaces per 1,000 sq. ft. 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft.Recreation (indoor) Recreational vehicle park (minimum 1 acre)1 space per designated camping or RV spot No MaximumAmusement park See Table Note B See Table Note BRecreation (outdoor) Food and Beverage Services 35 Brewpub Indoor Transit, Urban Center, and Neighborhood Center Contexts: 5 spaces per 1,000 sq. ft. indoor tasting/seating area: 2 spaces per 1,000 sq. ft. Restaurant tasting/seating area Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasting/seating area: 2 spaces per 1,000 sq. ft. General Context: 7 spaces per 1,000 sq. ft. indoor No MinimumOutdoor tasting/seating area: 1 space per 1,000 sq. ft. Tavern tasting/seating area All Contexts: Outdoor tasting/seating area: 4 spaces per 1,000 sq. ft. Office, Business, and Professional Services Check cashing/payday loan business Dental laboratory/research General Context: 4 spaces per 1,000 sq. ft.facility 2 spaces per 1,000 sq. ft. Financial institution Research and laboratory facilities Neighborhood Center Context: 3 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft.No Minimum Office (excluding medical and dental clinic and office) Urban Center and Transit Center Contexts: 2 spaces per 1,000 sq. ft. 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 36 Retail Sales & Services Photo finishing lab Electronic repair shop Furniture repair shop Upholstery shop Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft.No Minimum No Minimum Neighborhood Center and General Contexts: 3 spaces per 1,000 sq. ft. 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft.Radio, television station Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. Neighborhood Center Context: 3 spaces per 1,000 sq. ft. No MinimumStore, Convenience General Context: 5 spaces per 1,000 sq. ft. 37 Auction, Indoor Store, Department Fashion oriented development Flea market (indoor) Flea market (outdoor) Store, Mass merchandising Store, Pawn shop Transit Context: 2 spaces per 1,000 sq. ft. Urban Center and Neighborhood Center Contexts: 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft.No Minimum Store, Specialty Retail goods establishment General Context: 4 spaces per 1,000 sq. ft. Retail service establishment Store, Superstore and hypermarket Store, Warehouse club Transit and Urban Center Contexts: up to 100,000 sq. ft.: 2 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 1.75 spaces per 1,000 sq. ft. Up to 100,000 sq. ft: 1.5 spaces per 1,000 sq. ft. Up to 100,000 sq. ft: 2 spaces per 1,000 sq. ft.Retail shopping center over 55,000 sq. ft. usable floor area No Minimum Above 100,000 sq. ft.: 1.5 spaces per Above 100,000 sq.Neighborhood Center and General Contexts: Up to 100,000 sq. ft.: 3 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 2.5 spaces per 1,000 sq. ft.ft: 1.25 spaces per 1,000 sq. ft. 1,000 sq. ft. 38 Transit and Urban Center Contexts: 1.5 spaces per 1,000 sq. ft. Plant and garden shop with outdoor retail sales area 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Neighborhood Center Context: 2 spaces per 1,000 sq. ft. No Minimum General Context: 3 spaces per 1,000 sq. ft. Lodging Facilities All Contexts: 1.25 spaces per guest bedroom Bed and breakfast 0.5 spaces per guest bedroom1 space per guest bedroom No Minimum All Contexts: 1.5 spaces per guest bedroomHotel/motel 39 Vehicles and Equipment Vehicle Auction 2 spaces per 1,000 sq. ft. of office area plus 1 space per service bay 2 spaces per 1,000 sq. ft. of office area plus 1 space per service bay No Minimum No Maximum Automobile part sales Automobile and truck repair sales/rental and service Boat/recreational vehicle sales and service (indoor) Equipment rental (indoor and/or outdoor) Equipment, heavy (rental, sales, service) All Contexts: 3 spaces per 1,000 sq. ft. of indoor sales/leasing/office area, plus 1 space per service bay Manufactured/mobile home sales and service 1 space per 1,000 sq. ft. of indoor sales/leasing/office area plus 1 space sales/leasing/office 2 spaces per 1,000 sq. ft. of indoor Recreational vehicle (RV) sales and service No Minimum per service bay area plus 1 space per service bay Truck repair sales and rental (large) 40 Car wash Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. Neighborhood Center Context: 2 spaces per 1,000 sq. ft. Car wash as accessory use to gas station or No Minimum convenience store that sells gas General Context: 5 spaces per 1,000 sq. ft. General Context: 5 spaces per 1,000 sq. ft. Neighborhood Center Context: 3 spaces per 1,000 sq. ft.Gas station 2 spaces per 1,000 sq. ft.No Minimum Urban Center and Transit Contexts: 1 space per 1,000 sq. ft. Bus line yard and repair facility Impound lot 1 space per 1,000 sq. ft., plus 1 space per commercial fleet vehicleLimousine service Taxicab facility No Minimum No Maximum Tire distribution retail/wholesale 41 Adult Entertainment Establishments 1 space per 1,000 sq. ft. All Contexts: 5 spaces per 1,0000 sq. ft.Sexually oriented business Table Notes: 3 spaces per 1,000 sq. ft.No Minimum A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. DU= dwelling unit sq. ft.= square feet Minimum Parking Requirement General Context Neighborhood Center Context Urban Center Context Transit Context Maximum Parking AllowedAll zoning districts not listed in another 45, SR-3, FB-UN1, RB, SNB, CB, CN, D-2, MU, TSA-T,D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-MU11, FB- SC, R-MU Land Use R-MU-35,R-MU -CSHBD1, CSHBD2 context area FB-SE, SSSC Overlay TRANSPORTATION USES Airport Determined by Airport Authority No MaximumHeliport 42 Bus line station/terminal Urban Center and Transit Contexts: 2 spaces per 1,000 sq. ft. Intermodal transit passenger hub Railroad, passenger station No Minimum Neighborhood Center and General Contexts: 1 space per 150 Transportation terminal, including bus, rail and trucking average daily passenger boardings Railroad, repair shop Truck freight terminal 1 space per 1,000 sq. ft., plus 1 space per fleet vehicle generally stored on-site No Minimum No MaximumRailroad, freight terminal facility No Minimum INDUSTRIAL USES Manufacturing and Processing Artisan food production Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. of production area, plus 2 spaces per 1,000 sq. ft. of0.5 spaces per 1,000 sq. ft. of production area, plus 1.5 spaces per 1,000 sq. ft. of office/retail 1 space per 1000 sq. ft. of production office/retail area, plus 2 spaces per 1,000 sq. ft. of office/retail No MinimumBakery, commercial Neighborhood Center and General Contexts: 2 spaces per 1,000 sq. ft. of production area, plus 3 spaces per 1,000 sq. ft. of office/retail 43 Automobile salvage and recycling (outdoor) Processing center (outdoor) Automobile salvage and recycling (indoor) Blacksmith shop Bottling plant Brewery/Small Brewery Chemical manufacturing and/or storage Commercial food preparation Distillery Drop forge industry Explosive manufacturing and storage 1 space per 1,000 sq. ft. of office No Minimum No Maximum Food processing Heavy manufacturing Incinerator, medical waste/hazardous waste Industrial assembly Jewelry fabrication 44 Laundry, commercial Light manufacturing Manufacturing and processing, food Paint manufacturing Printing plant Processing center (indoor) Recycling 1 space per 1,000 sq. ft. Sign painting/fabrication Studio, motion picture Welding shop No Minimum No Maximum Winery Woodworking mill Collection station Concrete and/or asphalt manufacturing No minimumExtractive industry Refinery, petroleum products Storage and Warehousing Air cargo terminals and package delivery facility No minimum No maximumBuilding materials distribution 45 Flammable liquids or gases, beating fuel distribution and storage Package delivery facility Warehouse Warehouse, accessory to retail and wholesale No minimum No minimum No maximum business (maximum 5,000 square foot floor plate) Wholesale distribution 2 spaces per 1,000 sq. ft. of office area, 2 spaces per 1,000 All Contexts: 1 space for every 15 storage units Storage, self plus 1 space per 30 storage units sq. ft. of office 2 spaces per 1,000 sq. ft. of office area All Contexts: 3 spaces per 1,000 sq. ft. of office area Contractor’s yard/office Rock, sand and gravel storage and distribution Storage (outdoor) Storage and display (outdoor) No Minimum No Maximum Storage, public (outdoor) 46 PUBLIC AND SEMI-PUBLIC UTILITY USES Utility: Building or structure Antenna, communication tower Antenna, communication tower, exceeding the maximum building height in the zone Large wind energy system Solar array No Minimum No MaximumUtility: Electric generation facility Utility Sewage treatment plant Utility: Solid waste transfer station Utility: Transmission wire, line, pipe or pole Wireless telecommunications facility ACCESSORY USES Accessory Dwelling Unit See Section 21A.40.200: Accessory Dwelling Units Accessory guest and servant’s quarter All Contexts: 4 spaces per DU1 space per DU No Minimum No Minimum Living quarter for caretaker or security guard Retail, sales and service accessory use when located within a principal building 1 space per 1,000 sq. ft.2 spaces per 1,000 sq. ft.No Maximum 47 Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft.Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of Neighborhood Center Context: 3 spaces per 1,000 sq. ft. employees General Context: 4 spaces per 1,000 sq. ft. Warehouse, accessory Accessory use, except those that are otherwise specifically regulated elsewhere in this title No Minimum Heliport, accessory Reverse vending machine No Maximum Storage, accessory (outdoor) TEMPORARY USES 48 Mobile food business (operation in public right- of-way) Mobile food business (operation on private property)No minimum, unless required by temporary use permit or as determined by the Zoning Administrator No MaximumMobile food court Vending cart, private property Vending cart, public property Farm stand, seasonal Table Notes: A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. 49 SECTION 8. Amending the text of Table 21A.44.080-A in Section 21A.44.080 of Salt Lake City Code. That Table 21A.44.080-A in Section 21A.44.080 of the Salt Lake City Code (Required Vehicle Stacking Spaces), shall be, and hereby is amended to read and appear as follows: 50 TABLE 21A.44.080-A: REQUIRED VEHICLE STACKING SPACES: Use General Context Neighborhood Center Urban Center Context Transit Context Context All zoning districts no RB, SNB, CB, CN, R-D-2, MU, TSA-T,D-J, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-MU11, FB-SC, R- MU listed in another context area MU-35, R-MU-45, SR- CSHBD1, CSHBD2 3, FB-UN1, FB-SE, SSSC Overlay Car Wash, Self-Service Car Wash, Automated Food and Beverage Service Uses 3 spaces per bay or stall 2 spaces per bay or stall 4 spaces per bay or stall 5 spaces per service lane 3 spaces per service lane 3 spaces per bay or stall 4 spaces per service lane 3 spaces per service laneOther Uses 51 SECTION 9. Amending the text of Subsection 21A.46.125.B.3.d of Salt Lake City Code. That Subsection 21A.46.125.B.3.d of the Salt Lake City Code (Vintage Signs), shall be, and hereby is amended to read and appear as follows: d.Be relocated to a new site for use as a piece of public art, provided that the original design and character of the sign is retained, or will be restored, and it advertises a business no longer in operation. Vintage signs may only be relocated for use as public art to sites in the following districts: D-1, D-2, D-3, D-4, G-MU, CSHBD1, CSHBD2, FB-UN2, FB-MU11, FB-SC, FB-SE, TSA. SECTION 10. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL)APPROVED AS TO FORM Salt Lake City Attorney’s Office November 28, 2023Date:___________________________Bill No. ________ of 2023. Published: ______________.By: ___ Kat ___ ty Attorneyr Ordinance adopting FB MU11 zoning (final) 52 1 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 2 No. _____ of 2023 3 4 (An ordinance amending the text of Title 21A of the Salt Lake City Code 5 to create the FB-MU11 Form Based Mixed Use 11 Subdistrict) 6 7 An ordinance amending the text of Title 21A of the Salt Lake City Code to create the FB- 8 MU11 Form Based Mixed Use 11 Subdistrict pursuant to Petition No. PLNPCM2019-00277. 9 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a 10 public hearing on December 11, 2019 to consider a petition by former Salt Lake City Mayor 11 Jacqueline Biskupski to amend various provisions of Title 21A of the Salt Lake City Code to 12 create the FB- MU11 Form Based Mixed Use 11 Subdistrict, to establish regulations for that 13 subdistrict, and to apply the FB- MU11 Form Based Mixed Use 11 Subdistrict to the “fleet 14 block” property located between 800 South and 900 South Streets and 300 West and 400 West 15 Streets pursuant to Petition No. PLNPCM2019-00277; and 16 WHEREAS, at its December 11, 2019 meeting, the Planning Commission voted in favor 17 of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said 18 petition; and 19 WHEREAS, after a public hearing on this matter the City Council has determined that 20 adopting this ordinance is in the city’s best interests. 21 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 22 SECTION 1. Amending the text of Salt Lake City Code Section 21A.22.010. That 23 Section 21A.22.010 of the Salt Lake City Code (Zoning Districts) shall be, and hereby is 24 amended to read and appear as follows: 25 21A.22.010: ZONING DISTRICTS: 2 LEGISLATIVE DRAFT 26 In order to carry out the purposes of this title, Salt Lake City is divided into the following zoning 27 districts: 28 Section Reference District Name A.Residential Districts: 21A.24.020 FR-1/43,560 Foothills Estate Residential District 21A.24.030 FR-2/21,780 Foothills Residential District 21A.24.040 FR-3/12,000 Foothills Residential District 21A.24.050 R-1/12,000 Single-Family Residential District 21A.24.060 R-1/7,000 Single-Family Residential District 21A.24.070 R-1/5,000 Single-Family Residential District 21A.24.080 SR-1 and SR-1A Special Development Pattern Residential District 21A.24.090 SR-2 (Reserved) 21A.24.100 SR-3 Special Development Pattern Residential District 21A.24.110 R-2 Single- and Two-Family Residential District 21A.24.120 RMF-30 Low Density Multi-Family Residential District 21A.24.130 RMF-35 Moderate Density Multi-Family Residential District 21A.24.140 RMF-45 Moderate/High Density Multi-Family Residential District 21A.24.150 RMF-75 High Density Multi-Family Residential District 21A.24.160 RB Residential/Business District 21A.24.164 R-MU-35 Residential/Mixed Use District 21A.24.168 R-MU-45 Residential/Mixed Use District 21A.24.170 R-MU Residential/Mixed Use District 21A.24.180 RO Residential/Office District B.Commercial Districts: 21A.26.020 CN Neighborhood Commercial District 21A.26.025 SNB Small Neighborhood Business District 21A.26.030 CB Community Business District 21A.26.040 CS Community Shopping District 21A.26.050 CC Corridor Commercial District 21A.26.060 CSHBD Sugar House Business District 21A.26.070 CG General Commercial District 3 LEGISLATIVE DRAFT 21A.26.078 TSA Transit Station Area District C.Form Based Districts: 21A.27.040 FB-SC and FB-SE Form Based Special Purpose Corridor District 21A.27.050 FB-UN1 and FB-UN2 Form Based Urban Neighborhood District 21A.27.060 FB-MU Form Based Mixed Use District D.Manufacturing Districts: 21A.28.020 M-1 Light Manufacturing District 21A.28.030 M-2 Heavy Manufacturing District E.Downtown Districts And Gateway Districts: Downtown Districts: 21A.30.020 D-1 Central Business District 21A.30.030 D-2 Downtown Support District 21A.30.040 D-3 Downtown Warehouse/Residential District 21A.30.045 D-4 Downtown Secondary Central Business District Gateway Districts: 21A.31.020 G-MU Gateway-Mixed Use District F.Special Purpose Districts: 21A.32.020 RP Research Park District 21A.32.030 BP Business Park District 21A.32.040 FP Foothills Protection District 21A.32.050 AG Agricultural District 21A.32.052 AG-2 Agricultural District 21A.32.054 AG-5 Agricultural District 21A.32.056 AG-20 Agricultural District 21A.32.060 A Airport District 21A.32.070 PL Public Lands District 21A.32.075 PL-2 Public Lands District 21A.32.080 I Institutional District 21A.32.090 UI Urban Institutional District 21A.32.100 OS Open Space District 21A.32.105 NOS Natural Open Space District 21A.32.110 MH Mobile Home Park District 21A.32.120 EI Extractive Industries District 21A.32.130 MU Mixed Use District 4 LEGISLATIVE DRAFT G.Overlay Districts: 21A.34.020 H Historic Preservation Overlay District 21A.34.030 T Transitional Overlay District 21A.34.040 AFPP Airport Flight Path Protection Overlay District 21A.34.050 LC Lowland Conservancy Overlay District 21A.34.060 Groundwater Source Protection Overlay District 21A.34.070 LO Landfill Overlay District 21A.34.080 CHPA Capitol Hill Protective Area Overlay District 21A.34.090 SSSC South State Street Corridor Overlay District 21A.34.100 M-1H Light Manufacturing Height Overlay District 21A.34.110 DMSC Downtown Main Street Core Overlay District 21A.34.120 YCI Yalecrest Compatible Infill Overlay District 21A.34.130 RCO Riparian Corridor Overlay District 21A.34.140 Northwest Quadrant Overlay District 21A.34.150 IP Inland Port Overlay District H.Character Conservation Districts: 21A.35.010 Purpose 29 30 SECTION 2. Enacting the text of Salt Lake City Code Section 21A.27.060. That Section 31 21A.27.060 of the Salt Lake City Code (Form Based Districts: FB-MU Form Based Mixed Use 32 Subdistricts) shall read and appear as follows: 33 SECTION 21A.27.060: FB-MU FORM BASED MIXED USE SUBDISTRICTS 34 35 A. Subdistricts: 36 1. Names: The following subdistricts can be found in the form based mixed use 37 district: 38 a. RESERVED. 39 b. FB-MU11, Mixed Use 11 Subdistrict: This subdistrict generally includes 40 buildings up to 8 stories in height, with taller buildings up to 11 stories 41 allowed through the design review process. Development regulations are 42 based on types of buildings and differ between building types as 43 indicated. The subdistrict contains a mix of uses that include 44 commercial, technical, light industrial, high density residential, and 45 other supportive land uses. 46 B. Reserved. 47 C. FB-MU11 Building Form Standards: 5 LEGISLATIVE DRAFT 48 Building form standards for each allowed building form and other associated regulations 49 for the FB-MU11 subdistrict are listed in the below tables of this section. 50 51 1. Row House Building Form Standards: 52 53 TABLE 21A.27.060.C.1 Building Regulation Regulation for Building Form: Row House H Height Maximum of 40’. All heights measured from established grade. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. F Front and Corner Side Yard Setback Minimum 5’. Maximum 10’, unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through Design Review (Chapter 21A.59). S Interior Side Yard Minimum of 5’ between row house building form and side property line, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. No setback required for common walls. R Rear Yard Minimum of 5’ between row house building form and rear property line, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. U Uses Per Story Residential on all stories; live/work units permitted on ground level. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South must be occupied by a live/work space at least 25’ in depth. Dimensions may be modified through Design Review (Chapter 21A.59). E Entry Feature Each dwelling unit must include an allowed entry feature. See Table 21A.27.030B for allowed entry features. Dwelling units adjacent to a street must include an entry feature on street facing façade. Pedestrian connections, as per Subsection 21A.27.030.C.5, with minimum 5’ width are required for each required entry feature. U Upper Level Stepback When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building façade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. OS Open Space Area Each dwelling unit shall include a minimum open space area that is equal to at least 25% of the footprint of the individual unit, subject to all other open space area requirements of Subsection 21A.27.030.C.1 “Open Space Area.” A minimum of 20% of the required open space area shall include vegetation. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. SO Side/Interior Orientation Dwelling units not located directly adjacent to a street are permitted, provided the design standards for glass are complied with on the façade with the required entry feature. 6 LEGISLATIVE DRAFT 54 55 2. Multi-Family Residential, Storefront, and Vertical Mixed-Use Building Form 56 Standards: 57 58 TABLE 21A.27.060.C.2 59 Lots for individual row house dwelling units without public street frontage are allowed subject to recording a final subdivision plat that: 1. Documents that new lots have adequate access to a public street by way of easements or a shared driveway; and 2. Includes a disclosure of private infrastructure costs for any shared infrastructure associated with the new lot(s) per Section 21A.55.110 of this title. MW Midblock Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. DS Design Standards See Section 21A.27.030 and Chapter 21A.37 for other applicable building configuration and design standards. Building Regulation Regulation for Building Forms: Multi-family Residential/Storefront/Vertical Mixed Use H Height Maximum height of 125’. All heights measured from established grade. Buildings in excess of 85’ require design review in accordance with Chapter 21A.59. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. GH Ground Floor Height Minimum ground floor height 14’. F Front and Corner Side Yard Setback No minimum is required; however, doors are prohibited from opening into the public right of way. Maximum 10’ unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through Design Review process (Chapter 21A.59). B Required Build-To Minimum of 50% of street facing facade shall be built within 5’ of the front or corner side property line. May be modified through Design Review process (Chapter 21A.59). S Interior Side Yard No minimum required, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. R Rear Yard No minimum required, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South shall be limited to the following uses: retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters, or performing art facilities. 7 LEGISLATIVE DRAFT 60 61 62 3. Parking Regulations: Specific parking standards applicable to the FB-MU11 63 subdistrict are listed below in Table 21A.27.060.C.3 of this section. These are in 64 addition to any other applicable parking standards in Title 21A. 65 66 TABLE 21A.27.060.C.3 E Ground Floor Dwelling Entrances Ground floor dwelling units adjacent to a street must have an allowed entry feature. See Table 21A.27.030B for allowed entry features. Pedestrian connections, as per Subsection 21A.27.030.C.5, are required to each required entry feature. U Upper Level Stepback When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building facade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. MW Midblock Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. OS Open Space Vegetation A minimum of 20% of the required open space area shall include vegetation. LB Loading Bay Maximum of one (1) loading bay on a front façade per street face, subject to all dimensional requirements in Section 21A.44.070. Loading bay entry width limited to 14’ and must be screened by garage door. One loading bay driveway is allowed in addition to any other driveway allowances. DS Design Standards See Section 21A.27.030 and Chapter 21A.37 for other applicable building configuration and design standards. Parking Regulation Applicability: Applies to all properties in the zone SP Surface Parking Location Surface parking shall be located behind or to the side of a principal building provided: 1. The parking is set back a minimum of 25’ from the front or corner side property line; and 2. The setback area shall be considered a landscaped yard and comply with the landscape yard planting requirements in Chapter 21A.46 and include: a. Trees with a minimum mature spread of 20’ planted at one tree for every 20’ of street frontage; and b. A 3’ tall solid wall or fence at the property line along the street. A hedge or other similar landscaped screen may be used in place of a wall or fence provided the plants are spaced no further than 18 inches on center across the entire frontage. GE Garage Entrances Street facing parking garage entrance doors shall have a minimum 20’ setback from the front property line and shall not exceed 50% of the first floor building width. One-way garage entry may not exceed 14’ in width; multiway garage entry may not exceed 26’ in width. VA Vehicle Access One (1) driveway is allowed per street frontage. Driveways required to meet fire code are exempt from this limitation. 8 LEGISLATIVE DRAFT 67 68 4. Streetscape Regulations: Specific streetscape regulations applicable to the FB-MU11 69 subdistrict are listed below in Table 21A.27.060.C.4 of this section. These regulations 70 are in addition to any other applicable streetscape standards in Title 21A. 71 72 TABLE 21A.27.060.C.4 73 74 5. Uses Not Associated with Building Form: Allowed uses that do not involve 75 construction of a building, such as parks and open space, are not required to comply 76 with any specific building form regulation. 77 78 SECTION 3. Amending the text of Salt Lake City Code Section 21A.33.080. That 79 Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted 80 and Conditional Uses In Form Based Districts) shall be, and hereby is amended to read and 81 appear as follows: 82 21A.33.080: TABLE OF PERMITTED AND CONDITIONAL USES IN FORM 83 BASED DISTRICTS: 84 85 Note: Uses which are not listed in the following table are not permitted in any Fform Bbased 86 Ccode Zzoning Ddistrict. 87 Legend:C=Conditional P=Permitted 88 Legend: P = Permitted C = Conditional 89 Permitted Uses By District Use FB-U N1 FB-U N2 FB- MU11 FB- SC FB- SE LS Loading and Service Areas Allowed behind or to the side of a principal building only, except where specifically allowed by the applicable form based zoning subdistrict for the applicable building form. All service areas shall be screened or located within the building. EB Existing Buildings The reuse of existing buildings is exempt from the requirements of this table unless new parking area(s) are being added. New parking areas are subject to compliance with this section. Streetscape Regulation Applicability: Applies to all properties in the zone SW Sidewalk Width Sidewalks shall have a minimum width of 8’. This standard does not require removal of existing street trees, existing buildings, or portions thereof. For purposes of this section, sidewalk width is measured from the back of the park strip or required street tree if no park strip is provided, toward the adjacent property line. SL Street Lights Street lights are required and shall be installed in compliance with the city’s Street Lighting Master Plan and Policy or its successor. 9 LEGISLATIVE DRAFT Accessory use, except those that are specifically regulated in this chapter, or elsewhere in this title P P P P P Adaptive reuse of a landmark building P Alcohol: Bar establishment P8 P8 P8 C8 Brewpub P8 P8 P8 C8 Distillery P5 Tavern P8 Tavern, 2,500 square feet or less in floor area P8 P8 P8 C8 Winery P5 Amphitheater, formal P Amphitheater, informal P Amusement park P Animal Cremation service P Kennel (Indoor)P Kennel (Outdoor)C Veterinary office P P P P Animal, veterinary office P P P Antenna, communication tower P P P P Art gallery P P P P Artisan food production P3,5 P3,5 P3,5 P3,5 Artists loft/studio P Auction (indoor)P Auditorium P Bed and breakfast P P P P P Bed and breakfast inn P P P P P Bed and breakfast manor P P P P P Bio-medical facility P4,5 P4,5 P4,5 Blacksmith shop (indoor)P Blood donation center P Botanical garden P Brewery P5 Brewery, small P5 Bus line station/terminal C Car wash C Charity dining hall P Clinic (medical, dental) P P P P Commercial food preparation P5 P5 P5 P5 Community garden P P P P P Community recreation center P P P P Convent/monastery P Convention center P Crematorium P Daycare 10 LEGISLATIVE DRAFT center, adult P P P P center, child P P P P nonregistered home daycare P1 P1 P1 P1 P1 registered home daycare or preschool P1 P1 P1 P1 P1 Dwelling: Accessory guest and servants’ quarters P Accessory unit P P P P P Assisted living facility (large)P Assisted living facility (limited capacity) P P P P P Assisted living facility (small) P P P P Congregate Care Facility (Large) C C C C Congregate Care Facility (Small) C P Group home (large) P P P P Group home (small) when located above or below first story office, retail, or commercial use, or on the first story where the unit is not located adjacent to street frontage P P P P Living quarters for caretaker or security guard P Multi-family P P P P Residential support (large) P P Residential support (small) P P Rooming (boarding) house P P Single-family attached P P P P Single-family detached P Single-family detached (cottage development building form only) P P Single room occupancy P P Two-family P Emergency medical services facility P Equipment rental (indoor)P Exhibition hall P Farmers’ market P P P P Financial institution P P P Flea market (indoor)P Funeral home P P P P Gas station C Government facility P P P P P Greenhouse P Health and fitness facility P P P P Home occupation P2 P2 P2 P2 P2 Hospital P Hotel/motel P P P House museum in landmark site P P P P P Industrial assembly (indoor)P Intermodal transit passenger hub P 11 LEGISLATIVE DRAFT Laboratory, medical related P5 P5 P5 P5 Library P P P P Manufacturing, light (indoor)P Meeting hall of membership organization P Mixed use developments including residential and other uses allowed in the zoning district P P P P Mobile food business P Mobile food court P Mobile food trailer P Mobile food truck P Municipal service uses, including city utility uses and police and fire stations P P P P P Museum P P P P Nursing care facility P P P P Office P P P P Office and/or reception center in landmark site P P P P Open space P P P P P Park P P P P P Parking, commercial C7 Parking facility, shared P7 Parking garage P Parking, off site P P P7 P P Parking, park and ride lot shared with existing use P7 Performing arts production facility P Photo finishing lab P5 P5 P5 Place of worship P P P P Plazas P P P P P Radio, television station P Railroad passenger station P Reception center P Recreation (indoor) P P P P Recreation (outdoor)P Research and development facility P5 P5 P5 P5 Restaurant P P P P Retail goods establishment P P P P Retail goods establishment, plant and garden shop with outdoor retail sales area P P P P Retail service establishment P P P P Sales and display (outdoor) P P P P School: College or university P P P P Music conservatory P P P P Professional and vocational P P P P Seminary and religious institute P P P P Public or private P 12 LEGISLATIVE DRAFT Seasonal farm stand P P P P Sign painting/fabrication (indoor)P Social service mission P Solar array P5 P5 P5 P5 Storage, self P6 Store, specialty P P P P Studio, art P P P P Studio, motion picture P Technology facility P5 P5 P5 P5 Theater, live performance P Theater, movie P P P P Urban farm P P P P P Utility, building or structure P P P P P Utility, transmission wire, line, pipe, or pole P P P P P Vehicle Automobile rental agency P Automobile repair major C Automobile repair minor P Vending cart, private property P P P P Warehouse P6 Welding shop (indoor)P Wholesale distribution C6 Wireless telecommunications facility P P P P Woodworking mill (indoor)P 90 91 Qualifying provisions: 92 1. Subject to sSection 21A.36.130 of this title. 93 2. Subject to sSection 21A.36.030 of this title. 94 3. Must contain retail component for on-site food sales. 95 4. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or 96 radioactive waste as defined by the Utah Department of Environmental Quality 97 administrative rules. 98 5. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 99 6. Only allowed on a ground floor when the use is located behind another permitted or 100 conditional use that occupies the required ground floor use space. 101 7. Subject to parking location restrictions of Subsection 21A.27.060.C.3. 102 8. Subject to conformance with the provisions of section 21A.36.300, "Alcohol Related 103 Establishments", of this title. 104 105 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.36.020.C. That 106 Subsection 21A.36.020.C of the Salt Lake City Code (Zoning: General Provisions: Conformance 107 With Lot and Bulk Controls: Height Exceptions) shall be, and hereby is amended to read and 108 appear as follows: 13 LEGISLATIVE DRAFT 109 C. Height Exceptions: Exceptions to the maximum building height in all zoning districts are 110 allowed as indicated in tTable 21A.36.020.C of this subsection. 111 112 TABLE 21A.36.020.C 113 HEIGHT EXCEPTIONS 114 Note: 115 1. Lighting shall be shielded to eliminate excessive glare or light into adjacent properties 116 and have cutoffs to protect the view of the night sky. 117 118 119 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.46.096. That 120 Section 21A.46.096 of the Salt Lake City Code (Zoning: Signs: Sign Regulations for Form Based 121 Districts) shall be, and hereby is amended to read and appear as follows: 122 21A.46.096: SIGN REGULATIONS FOR THE FORM BASED DISTRICTS: Type Extent Above Maximum Building Height Allowed By Tthe District Applicable Districts Chimney As required by local, State or Federal regulations All zoning districts Church steeples or spires No limit All zoning districts Elevator/stairway tower or bulkhead 16 feet All Commercial, Manufacturing, Downtown, FB-UN2, FB-MU, RO, R-MU, RMF-45, RMF-75, RP, BP, I, UI, A, PL and PL-2 Districts Flagpole Maximum height of the zoning district in which the flagpole is located or 60 feet, whichever is less. Conditional use approval is required for additional height All zoning districts Light poles for sport fields such as ballparks, stadiums, soccer fields, golf driving ranges, and similar uses1 Maximum height of the zoning district or 90 feet whichever is greater. Special exception approval is required for any further additional height or if the lights are located closer than 30 feet from adjacent residential structures All zoning districts that allow sport field activities and stadiums excluding parks less than 4 acres in size Mechanical equipment parapet wall 5 feet All zoning districts, other than the FP, FR-1, FR-2, FR-3, and Open Space Districts 14 LEGISLATIVE DRAFT 123 124 The following regulations shall apply to signs permitted in the form based code zoning 125 districts. Any sign not expressly permitted by these district regulations is prohibited. 126 127 A. Sign Regulations Ffor Tthe Form Based Code Districts: 128 1. Purpose: Sign regulations for the form based code zoning districts are intended to 129 provide appropriate signage oriented primarily to pedestrian and mass transit traffic. 130 2. Applicability: This subsection applies to all signs located within the form based code 131 zoning districts. This subsection is intended to list all permitted signs in the zone. All 132 other regulations in this chapter shall apply. 133 B. Sign Type, Size Aand Height Standards: 134 1. A-Frame Sign: 135 Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per leasable space. Leasable spaces on corners may have 2. A- frame sign P P P P Width Maximum of 2 feet. Any portion of the frame (the support structure) may extend up to 6 inches in any direction beyond the sign face. 15 LEGISLATIVE DRAFT Height Maximum of 3 feet. Any portion of the frame (the support structure) may extend up to 6 inches in any direction beyond the sign face. Placement On public sidewalk or private property. Obstruction free area Minimum of 8 feet must be maintained at all times for pedestrian passage. 136 137 2. Awning Oor Canopy Sign: 138 Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per window or entrance. Width Equal to the width of the window. Awning or canopy sign P P P P P Projection No maximum depth from building facade, however design subject to 16 LEGISLATIVE DRAFT mitigation of rainfall and snowfall runoff, conflict avoidance with tree canopy, and issuance of encroachment permits where required. The awning or canopy can project a maximum of 2 feet into a special purpose corridor. Clearance Minimum of 10 feet of vertical clearance. Letters and logos Allowed on vertical portions of sign only. Location permitted Private property or a public street. Signs can face a special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 139 140 3. Construction Sign: 141 Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per construction site. Height Maximum of 8 feet. Maximum of 12 feet in FB-MU. Area Maximum of 64 square feet. Construction sign (see definition in this chapter) P P P P P Location permitted Private property or a public street. Signs can face the special purpose corridor, but must be located on private property. 142 143 4. Flat Sign: 17 LEGISLATIVE DRAFT 144 Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per leasable space. Leasable spaces on corners may have 2. Width Maximum of 90% of width of leasable space. No maximum width in FB-MU. Height Maximum of 3 feet. No maximum height in FB-MU. Area 11/2 square feet per linear foot of store frontage. Flat sign P P P P Projection Maximum of 1 foot. 145 146 5. Flat Sign (building orientation): 147 Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per building face.Flat sign (building orientation) P Height May not extend above the roof line or top of parapet wall. 18 LEGISLATIVE DRAFT Area 11/2 square feet per linear foot of building frontage. 148 149 6. Marquee Sign: Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per building. Width Maximum of 90% of width of leasable space. Height May not extend above the roof of the building. Area 11/2 square feet per linear foot of building frontage. Marquee sign P Projection Maximum of 6 feet. May project into right of way a maximum of 4 feet provided the sign is a minimum of 12 feet above the sidewalk grade. 150 151 7. Monument Sign: Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per building. Setback 5 feet. Height Maximum of 20 feet. Monument sign P Area 1 square feet per linear foot of building frontage. 152 153 58. Nameplate Sign: 19 LEGISLATIVE DRAFT 154 155 156 157 9. New Development Sign: Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per street frontage. Setback 5 feet. Height 12 feet. New Development sign P Area 200 square feet. 158 159 610. Private Directional Sign: 160 Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per leasable space. Leasable spaces on corners may have 2. Nameplate sign P P P P P Area Maximum of 3 square feet. 20 LEGISLATIVE DRAFT Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity No limit. Height Maximum of 5 feet. Area Maximum of 8 square feet. Restriction May not contain business name or logo. Private directional sign (see definition in this chapter) P P P P P Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 161 162 711. Projecting Sign: 163 164 Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Projecting sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. 21 LEGISLATIVE DRAFT Clearance Minimum of 10 feet above sidewalk/walkway. Area 6 square feet per side, 12 square feet total. Projection Maximum of 4 feet from building façade. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 165 166 812. Projecting Parking Entry Sign: Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per parking entry. Clearance Minimum of 10 feet above sidewalk/walkway. Height Maximum of 2 feet. Area 4 square feet per side, 8 square feet total. Projection Maximum of 4 feet from building facade for public and private streets. Maximum of 2 feet within the special purpose corridor. Projecting parking entry sign (see projecting sign graphic) P P P Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 167 168 913. Public Safety Sign: 22 LEGISLATIVE DRAFT Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity No limit. Height Maximum of 6 feet. Area 8 square feet. Projection Maximum of 1 foot. Public safety sign (see definition in this chapter) P P P P P Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 169 170 104. Real Estate Sign: 171 172 Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per leasable space. Leasable spaces on corners may have 2. Height Maximum of 12 feet. Real estate sign P P P P Area 32 square feet. 64 square feet in FB-MU. 23 LEGISLATIVE DRAFT Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 173 174 115. Window Sign: 175 176 Sign Type FB- UN1 FB- UN2 FB- MU FB- SC FB- SE Specifications Quantity 1 per window. Height Maximum of 3 feet. Window sign P P P P Area Maximum of 25% of window area. 177 178 SECTION 6. Amending the text of Table 21A.37.060.G of Salt Lake City Code. That 179 Table 21A.37.060.G of the Salt Lake City Code (Form Based Districts), shall be, and hereby is 180 amended to read and appear as follows: 181 182 24 LEGISLATIVE DRAFT District Standard (Code Section)FB-UN1 FB-UN2 FB- UN3MU11 FB-SC FB-SE Ground floor use (%) (21A.37.050.A.1) 75 753 75 75 Ground floor use + visual interest (%) (21A.37.050.A.2) Building materials: ground floor (%) (21A.37.050.B.3) 70 70 70 70 70 Building materials: upper floors (%) (21A.37.050.B.4) 70 70 70 70 70 Glass: ground floor (%) (21A.37.050.C.1) 601 601 601 601 601 Glass: upper floors (%) (21A.37.050.C.2) 15 15 15 15 15 Reflective Glass: ground floor (%) (21A.37.050.C.1) Reflective Glass: upper floors (%) (21A.37.050.C.2) Building entrances (feet) (21A.37.050.D) 75 75 75 75 75 Blank wall: maximum length (feet) (21A.37.050.E) 15 15 30 30 30 Street facing facade: maximum length (feet) (21A.37.050.F) 200 200 200 200 200 Upper floor step back (feet) (21A.37.050.G.4) X X X X Lighting: exterior (21A.37.050.H) X X X X X Lighting: parking lot (21A.37.050.I) X X X Screening of mechanical equipment (21A.37.050.J) X X X Screening of service areas (21A.37.050.K.1) X X X2 25 LEGISLATIVE DRAFT Ground floor residential entrances for dwellings with individual unit entries (21A.37.050.L) X X X Parking garages or structures (21A.37.050.M) X X X X X Tree canopy coverage (%) (21A.37.050.P.1) 40 40 40 Minimum vegetation standards (21A.37.050.P.2) X X X Street trees (21A.37.050.P.3)X X X X X Soil volume (21A.37.050.P.4)X X X Minimize curb cuts (21A.37.050.P.5) X X X Overhead cover (21A.37.050.P.6) Streetscape landscaping (21A.37.050.P.7) X X X Height transitions: angular plane for adjacent zone districts (21A.37.050.Q) X X X Horizontal articulation (21A.37.050.R) X X X 183 Notes: 184 1. This may be reduced to twenty percent (20%) if the ground floor is within one of the 185 following building types: urban house, two-family, cottage, and row house. 186 2. Except where specifically authorized by the zone. 187 3. For buildings with street facing facades over 100' in length, a minimum of 30% of the 188 façade length shall be an “active use” as defined in Subsection 21A.37.050.A.1. Except 189 for the rowhouse building form, residential units shall not count as an “active use” toward 190 the 30% minimum. For buildings with street facing building facades over 100' in length: 191 a. A minimum length of 30% of the ground floor street facing façade shall 192 consist of non-residential active uses allowed by 21A.37.050.A.1. 193 b. An additional minimum length of 45% of the ground floor street facing façade 194 shall consist of any active uses allowed by 21A.37.050.A.1. 195 c. This footnote does not apply to the rowhouse building form. 196 26 LEGISLATIVE DRAFT 197 SECTION 7. Amending the text of Table 21A.44.040-A in Section 21A.44.040 of Salt 198 Lake City Code. That Table 21A.44.040-A in Section 21A.44.040 of the Salt Lake City Code 199 (Minimum and Maximum Off Street Parking), shall be, and hereby is amended to read and 200 appear as follows: 27 LEGISLATIVE DRAFT 201 TABLE 21A.44.040-A: MINIMUM AND MAXIMUM OFF STREET PARKING: DU= dwelling unit sq. ft.= square feet Minimum Parking Requirement Maximum Parking Allowed General Context Neighborhood Center Context Urban Center Context Transit Context Land Use All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35,R-MU - 45, SR-3, FB-UN1, FB-SE, SSSC Overlay D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3FB- MU11, FB-SC, R-MU Vehicle Stacking and Drive-Through Facilities: See Subsection 21A.44.040.A.6 Outdoor Sales/Display/Leasing/Auction Areas: See Subsection 21A.44.040.A.7 RESIDENTIAL USES Household Living Artists’ loft/studio 1.5 spaces per DU 1 space per DU 0.5 spaces per DU No Minimum No Maximum Manufactured home Mobile home Single-family (attached) Single-family (detached) 2 spaces per DU Single-family cottage development building form 1 space per DU 1 space per DU No Minimum All Contexts: 4 spaces per DU, not including recreational vehicle parking spaces Twin home Two-family 2 spaces per DU 1 space per DU No Minimum All Contexts: 4 spaces, not including recreational vehicle parking spaces 28 LEGISLATIVE DRAFT Multi-family Studio and 1 bedrooms: 1 space per DU, 2+ bedrooms 1.25 space per DU Studio and 1+bedrooms: 1 space per DU Studio: No minimum 1 bedroom: 0.5 space per Du 2+ bedrooms: 1 space per DU No Minimum All Contexts: Studio & 1 Bedroom: 2 spaces per DU; 2+ bedrooms: 3 spaces per DU Group Living Assisted living facility Nursing care facility 1 space for eachevery 6 infirmary or nursing home beds; plus 1 space for eachevery 4 rooming units; plus 1 space for each every 3 DU; See Table Note A 1 space for eachevery 8 infirmary or nursing home beds; plus 1 space for eachevery 6 rooming units; plus 1 space for eachevery 4 DU; See Table Note A No Minimum No Maximum Congregate Care Facility (large) 1 space for each family, plus 1 space for every 4 individual bedrooms, plus 1 space for every 2 support staff present No Minimum Congregate Care Facility (small) 3 spaces per facility and 1 space for every 2 support staff present No Minimum All Contexts: 1 space per bedroom plus 1 space for each support staff present Group home Residential support 1 space per 4 persons design capacity; See Table Note A 1 space per 6 persons design capacity; See Table Note A 1 space per 4 persons design capacity; See Table Note A No Minimum All Contexts: 1 space per 3 persons design capacity; See Table Note A Dormitory, fraternity, sorority 1 space per 2 persons design capacity 1 space per 3 persons design capacity 1 space per 4 persons design capacity No Minimum All Contexts: 1 space per 1 persons design capacity 29 LEGISLATIVE DRAFT Rooming (boarding) house 1 space per 2 guest rooms 1 space per 3 guest rooms 1 space per 4 guest rooms No Minimum No Maximum Shared housing 0.5 spaces per unit 0.25 spaces per unit No Minimum No Maximum Table Notes: A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. 202 203 204 DU= dwelling unit sq. ft.= square feet Minimum Parking Requirement General Context Neighborhood Center Context Urban Center Context Transit Context Land Use All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35,R-MU - 45, SR-3, FB-UN1, FB-SE, SSSC Overlay D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3FB- MU11, FB-SC, R-MU Maximum Parking Allowed PUBLC, INSTITUTIONAL, AND CIVIC USES Community and Cultural Facilities Art gallery Studio, Art 1 space per 1,000 sq. ft.0.5 spaces per 1,000 sq. ft.No Minimum All Contexts: 2 spaces per 1,000 sq. ft. 30 LEGISLATIVE DRAFT Exhibition hall Museum Crematorium Daycare center, adult Daycare center, child Homeless resource center Library 2 spaces per 1,000 sq. ft. Community correctional facility Community recreation center Jail 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft.No Minimum No Maximum Government facility Social service mission and charity dining hall 3 spaces per 1,000 sq. ft. of office area 1 space per 1,000 sq. ft. of office area No Minimum No Maximum Municipal service use, including city utility use and police and fire station 2 spaces per 1,000 sq. ft. of office area, plus 1 space per service vehicle 1 space per 1,000 sq. ft. of office area, plus 1 space per service vehicle No Minimum No Maximum Club/lounge Meeting hall membership organization 1 space per 6 seats in main assembly area 1 space per 8 seats in main assembly area 1 space per 10 seats in main assembly area No Minimum All Contexts: 1 space per 4 seats in main assembly area Convent/monastery 1 space per 4 persons design capacity 1 space per 6 persons design capacity 1 space per 8 persons design capacity No Minimum No Maximum Funeral home 1 space per 4 seats in main assembly area 1 space per 5 seats in main assembly area 1 space per 6 seats in main assembly area No Minimum Urban Center and Transit Contexts: 2 spaces per 4 seats in main assembly areas 31 LEGISLATIVE DRAFT Neighborhood Center and General Contexts: No maximum Place of worship 1 space per 6 seats or 1 space per 300 sq. ft., whichever is less 1 space per 8 seats or 1 space per 400 sq. ft., whichever is less 1 space per 10 seats or 1 space per 500 sq. ft, whichever is less No Minimum All Contexts: 1 space per 3.5 seats or 1 space per 200 sq. ft., whichever is greater Fairground See Table Note B No Maximum Philanthropic use See Table Note B All Contexts: 1 space per 3.5 seats or 1 space per 200 sq. ft., whichever is greater Zoological park Ambulance service See Table Note B Cemetery Plazas Park Open space No Minimum No Maximum Educational Facilities College and university 2 spaces per 1,000 sq. ft. office, research, and library area, plus 1 space per 6 seats in assembly areas 1 space per 1,000 sq. ft. office, research, and library area, plus 1 space per 10 seats in assembly areas K-12 private K-12 public Elementary or Middle: 1 space per 20 students design capacity No Minimum All Contexts: 4 spaces per 1,000 sq. ft. 32 LEGISLATIVE DRAFT High Schools: 1 space per 8 students design capacity Dance/music studio Music conservatory Professional and vocational Professional and vocational (with outdoor activities) Seminary and religious institute 3 spaces per 1,000 sq. ft. 2.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. Healthcare Facilities Clinic (medical, dental)4 spaces per 1,000 sq. ft.1 space per 1,000 sq. ft. All Contexts: 6 spaces per 1,000 sq. ft. Blood donation center 3 spaces per 1,000 sq. ft.1 space per 1,000 sq. ft. Transit and Urban Center Contexts: 3 spaces per 1,000 sq. ft. Neighborhood Center and General Contexts: 6 spaces per 1,000 sq. ft. Hospital Hospital, including accessory lodging facility 1 space per 3 patient beds design capacity 1 space per 2 patient beds design capacity No Minimum All Contexts: 1 space per 2 patient beds design capacity Table Notes: A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. 33 LEGISLATIVE DRAFT B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. 205 206 207 DU= dwelling unit sq. ft.= square feet Minimum Parking Requirement General Context Neighborhood Center Context Urban Center Context Transit Context Land Use All zoning districts not listed in another context area RB, SNB, CB, CN, R-MU-35,R-MU - 45, SR-3, FB-UN1, FB-SE, SSSC Overlay D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3FB- MU11, FB-SC, R-MU Maximum Parking Allowed COMMERCIAL USES Agricultural and Animal Uses Greenhouse Kennel Pound Veterinary office Cremation service, animal Kennel on lots of 5 acres or larger 2 spaces per 1,000 sq. ft.1 space per 1,000 sq. ft.No Minimum Poultry farm or processing plant Raising of furbearing animals Slaughterhouse 1 space per 1,000 sq. ft.No Minimum Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center and General Contexts: No Maximum 34 LEGISLATIVE DRAFT Agricultural use Community garden Farmer’s market Grain elevator Pet cemetery Stable Stockyard Urban farm No Minimum No Minimum No Minimum No Minimum Botanical garden See Table Note B Recreation and Entertainment Auditorium Theater, live performance Theater, movie 1 space per 4 seats in assembly areas 1 space per 6 seats in assembly areas 1 space per 8 seats in assembly areas No Minimum All Contexts: 1 space per 3 seats in assembly areas Amphitheater Athletic Field Stadium See Table Note B Tennis court (principal use)2 spaces per court No Minimum Bowling 2 spaces per lane No Minimum Transit and Urban Center Contexts: 2 spaces per court or lane Neighborhood Center and General Contexts: No Maximum Convention center Swimming pool, skating rink or natatorium 1 space per 1,000 sq. ft.All Contexts: 3 spaces per 1,000 sq. ft. Health and fitness facility 2 spaces per 1,000 sq. ft.1 space per 1,000 No Minimum All Contexts: 4 spaces 35 LEGISLATIVE DRAFT Performing arts production facility Reception center Recreation (indoor)3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. sq. ft.per 1,000 sq. ft. Recreational vehicle park (minimum 1 acre)1 space per designated camping or RV spot Amusement park See Table Note B Recreation (outdoor)See Table Note B No Maximum Food and Beverage Services Brewpub Restaurant Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Tavern Indoor tasting/seating area: 2 spaces per 1,000 sq. ft.; Outdoor tasting/seating area: 2 spaces per 1,000 sq. ft. Outdoor tasting/seating area: 1 space per 1,000 sq. ft. No Minimum Transit, Urban Center, and Neighborhood Center Contexts: 5 spaces per 1,000 sq. ft. indoor tasting/seating area General Context: 7 spaces per 1,000 sq. ft. indoor tasting/seating area All Contexts: Outdoor tasting/seating area: 4 spaces per 1,000 sq. ft. Office, Business, and Professional Services Check cashing/payday loan business Dental laboratory/research facility 2 spaces per 1,000 sq. ft.1 space per 1,000 sq. ft.No Minimum General Context: 4 spaces per 1,000 sq. ft. 36 LEGISLATIVE DRAFT Financial institution Research and laboratory facilities Office (excluding medical and dental clinic and office) 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. Neighborhood Center Context: 3 spaces per 1,000 sq. ft. Urban Center and Transit Center Contexts: 2 spaces per 1,000 sq. ft. Retail Sales & Services Photo finishing lab Electronic repair shop Furniture repair shop Upholstery shop No Minimum 1 space per 1,000 sq. ft. Radio, television station 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft. No Minimum Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center and General Contexts: 3 spaces per 1,000 sq. ft. Store, Convenience 3 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft.No Minimum Transit and Urban cCenter Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center Context: 3 spaces per 1,000 sq. ft. General Context: 5 spaces per 1,000 sq. ft. Auction, Indoor Store, Department 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft.No Minimum Transit Context: 2 spaces per 1,000 sq. 37 LEGISLATIVE DRAFT Fashion oriented development Flea market (indoor) Flea market (outdoor) Store, Mass merchandising Store, Pawn shop Store, Specialty Retail goods establishment Retail service establishment Store, Superstore and hypermarket Store, Warehouse club ft. Urban Center and Neighborhood Center Contexts: 3 spaces per 1,000 sq. ft. General Context: 4 spaces per 1,000 sq. ft. Retail shopping center over 55,000 sq. ft. usable floor area Up to 100,000 sq. ft: 2 spaces per 1,000 sq. ft. Above 100,000 sq. ft.: 1.5 spaces per 1,000 sq. ft. Up to 100,000 sq. ft: 1.5 spaces per 1,000 sq. ft. Above 100,000 sq. ft: 1,.25 spaces per 1,000 sq. ft. No Minimum Transit and Urban Center Contexts: up to 100,000 sq. ft.: 2 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 1.75 spaces per 1,000 sq. ft. Neighborhood Center and General Contexts: Up to 100,000 sq. ft.: 3 spaces per 1,000 sq. ft., above 100,000 sq. ft.: 2.5 spaces per 1,000 sq. ft. Plant and garden shop with outdoor retail sales area 2 spaces per 1,000 sq. ft. 1.5 spaces per 1,000 sq. ft. 1 space per 1,000 sq. ft.No Minimum Transit and Urban Center Contexts: 1.5 38 LEGISLATIVE DRAFT spaces per 1,000 sq. ft. Neighborhood Center Context: 2 spaces per 1,000 sq. ft. General Context: 3 spaces per 1,000 sq. ft. Lodging Facilities Bed and breakfast All Contexts: 1.25 spaces per guest bedroom Hotel/motel 1 space per guest bedroom 0.5 spaces per guest bedroom No Minimum All Contexts: 1.5 spaces per guest bedroom Vehicles and Equipment Vehicle Auction 2 spaces per 1,000 sq. ft. of office area plus 1 space per service bay 2 spaces per 1,000 sq. ft. of office area plus 1 space per service bay No Minimum No Maximum Automobile part sales Automobile and truck repair sales/rental and service Boat/recreational vehicle sales and service (indoor) Equipment rental (indoor and/or outdoor) 2 spaces per 1,000 sq. ft. of indoor sales/leasing/office area plus 1 space per service bay 1 space per 1,000 sq. ft. of indoor sales/leasing/office area plus 1 space per service bay No Minimum All Contexts: 3 spaces per 1,000 sq. ft. of indoor sales/leasing/office area, plus 1 space per service bay 39 LEGISLATIVE DRAFT Equipment, heavy (rental, sales, service) Manufactured/mobile home sales and service Recreational vehicle (RV) sales and service Truck repair sales and rental (large) Car wash Car wash as accessory use to gas station or convenience store that sells gas No Minimum Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. Neighborhood Center Context: 2 spaces per 1,000 sq. ft. General Context: 5 spaces per 1,000 sq. ft. Gas station 2 spaces per 1,000 sq. ft. 2 spaces per 1,000 sq. ft.No Minimum No Minimum General Context: 5 spaces per 1,000 sq. ft. Neighborhood Center Context: 3 spaces per 1,000 sq. ft. Urban Center and Transit Contexts: 1 space per 1,000 sq. ft. 40 LEGISLATIVE DRAFT Bus line yard and repair facility Impound lot Limousine service Taxicab facility Tire distribution retail/wholesale 1 space per 1,000 sq. ft., plus 1 space per commercial fleet vehicle No Minimum No Maximum Adult Entertainment Establishments Sexually oriented business 3 spaces per 1,000 sq. ft.1 space per 1,000 sq. ft.No Minimum All Contexts: 5 spaces per 1,0000 sq. ft. Table Notes: A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. 208 209 210 DU= dwelling unit sq. ft.= square feet Minimum Parking Requirement General Context Neighborhood Center Context Urban Center Context Transit Context Land Use All zoning districts not RB, SNB, CB, CN, R-MU-35,R-MU - 45, SR-3, FB-UN1, D-2, MU, TSA-T, CSHBD1, CSHBD2 D-1, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, Maximum Parking Allowed 41 LEGISLATIVE DRAFT listed in another context area FB-SE, SSSC Overlay FB-UN3FB- MU11, FB-SC, R-MU TRANSPORTATION USES Airport Heliport Determined by Airport Authority No Maximum Bus line station/terminal Intermodal transit passenger hub Railroad, passenger station Transportation terminal, including bus, rail and trucking No Minimum Urban Center and Transit Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center and General Contexts: 1 space per 150 average daily passenger boardings Railroad, repair shop Truck freight terminal 1 space per 1,000 sq. ft., plus 1 space per fleet vehicle generally stored on-site No Minimum Railroad, freight terminal facility No Minimum No Maximum INDUSTRIAL USES Manufacturing and Processing Artisan food production Bakery, commercial 1 space per 1000 sq. ft. of production area, plus 2 spaces per 1,000 sq. ft. of office/retail 0.5 spaces per 1,000 sq. ft. of production area, plus 1.5 spaces per 1,000 sq. ft. of office/retail No Minimum Transit and Urban Center Contexts: 1 space per 1,000 sq. ft. of production area, plus 2 spaces per 1,000 sq. ft. of office/retail 42 LEGISLATIVE DRAFT Neighborhood Center and General Contexts: 2 spaces per 1,000 sq. ft. of production area, plus 3 spaces per 1,000 sq. ft. of office/retail Automobile salvage and recycling (outdoor)No Minimum No Maximum Processing center (outdoor)No Minimum No Maximum Automobile salvage and recycling (indoor)No minimum No Maximum Blacksmith shop No minimum No Maximum Bottling plant No minimum No Maximum Brewery/Small Brewery No minimum No Maximum Chemical manufacturing and/or storage No minimum No Maximum Commercial food preparation No minimum No Maximum Distillery No minimum No Maximum Drop forge industry No minimum No Maximum Explosive manufacturing and storage No minimum No Maximum Food processing No minimum No Maximum Heavy manufacturing No minimum No Maximum Incinerator, medical waste/hazardous waste No minimum No Maximum Industrial assembly 1 space per 1,000 sq. ft. of office No minimum No Maximum 43 LEGISLATIVE DRAFT Jewelry fabrication No minimum No Maximum Laundry, commercial Light manufacturing Manufacturing and processing, food Paint manufacturing Printing plant Processing center (indoor) Recycling Sign painting/fabrication Studio, motion picture Welding shop Winery Woodworking mill 1 space per 1,000 sq. ft. Collection station Concrete and/or asphalt manufacturing Extractive industry Refinery, petroleum products No minimum No Maximum Minimum No Maximum Storage and Warehousing Air cargo terminals and package delivery facility Building materials distribution No minimum No maximum Flammable liquids or gases, beating fuel distribution and storage Package delivery facility No maximum 44 LEGISLATIVE DRAFT Warehouse Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate) Wholesale distribution No minimum Storage, self 2 spaces per 1,000 sq. ft. of office area, plus 1 space per 30 storage units 2 spaces per 1,000 sq. ft. of office All Contexts: 1 space for every 15 storage units Contractor’s yard/office 2 spaces per 1,000 sq. ft. of office area No minimum All Contexts: 3 spaces per 1,000 sq. ft. of office area Rock, sand and gravel storage and distribution Storage (outdoor) Storage and display (outdoor) Storage, public (outdoor) No Minimum No Maximum PUBLIC AND SEMI-PUBLIC UTILITY USES Utility: Building or structure Antenna, communication tower Antenna, communication tower, exceeding the maximum building height in the zone Large wind energy system Solar array No Minimum No Maximum 45 LEGISLATIVE DRAFT Utility: Electric generation facility Utility Sewage treatment plant Utility: Solid waste transfer station Utility: Transmission wire, line, pipe or pole Wireless telecommunications facility ACCESSORY USES Accessory Dwelling Unit See Section 21A.40.200: Accessory Dwelling Units Accessory guest and servant’s quarter Living quarter for caretaker or security guard 1 space per DU No Minimum All Contexts: 4 spaces per DU Retail, sales and service accessory use when located within a principal building 2 spaces per 1,000 sq. ft.1 space per 1,000 sq. ft.No Minimum No Minimum Maximum Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees No Minimum Transit and Urban Center Contexts: 2 spaces per 1,000 sq. ft. Neighborhood Center Context: 3 spaces per 1,000 sq. ft. General Context: 4 spaces per 1,000 sq. ft. 46 LEGISLATIVE DRAFT Warehouse, accessory Accessory use, except those that are otherwise specifically regulated elsewhere in this title Heliport, accessory Reverse vending machine Storage, accessory (outdoor) No Maximum TEMPORARY USES Mobile food business (operation in public right- of-way) Mobile food business (operation on private property) Mobile food court Vending cart, private property Vending cart, public property Farm stand, seasonal No minimum, unless required by temporary use permit or as determined by the Zoning Administrator No Maximum Table Notes: A. Facilities that are (a) occupied by persons who’s right to live together is protected by the federal Fair Housing Act, and that (b) occupy a building originally constructed for another residential use shall have the same parking requirements as the residential use for which the building was constructed. B. Parking requirements to be determined by the transportation director based on considerations of factors such as estimated facility use, vehicle traffic to the facility, transit use to the facility, potential traffic congestion, and likelihood of overflow parking in surrounding neighborhoods. 47 LEGISLATIVE DRAFT 212 213 SECTION 8. Amending the text of Table 21A.44.080-A in Section 21A.44.080 of Salt 214 Lake City Code. That Table 21A.44.080-A in Section 21A.44.080 of the Salt Lake City Code 215 (Required Vehicle Stacking Spaces), shall be, and hereby is amended to read and appear as 216 follows: 48 LEGISLATIVE DRAFT TABLE 21A.44.080-A: REQUIRED VEHICLE STACKING SPACES: General Context Neighborhood Center Context Urban Center Context Transit ContextUse All zoning districts no listed in another context area RB, SNB, CB, CN, R- MU-35, R-MU-45, SR- 3, FB-UN1, FB-SE, SSSC Overlay D-2, MU, TSA-T, CSHBD1, CSHBD2 D-J, D-3, D-4, G-MU, TSA-C, UI, FB-UN2, FB-UN3MU11, FB-SC, R-MU Car Wash, Self-Service 3 spaces per bay or stall 2 spaces per bay or stall Car Wash, Automated 4 spaces per bay or stall 3 spaces per bay or stall Food and Beverage Service Uses 5 spaces per service lane 4 spaces per service lane Other Uses 3 spaces per service lane 3 spaces per service lane 217 49 LEGISLATIVE DRAFT 218 219 SECTION 9. Amending the text of Subsection 21A.46.125.B.3.d of Salt Lake City 220 Code. That Subsection 21A.46.125.B.3.d of the Salt Lake City Code (Vintage Signs), shall be, 221 and hereby is amended to read and appear as follows: 222 d.Be relocated to a new site for use as a piece of public art, provided that the 223 original design and character of the sign is retained, or will be restored, and it 224 advertises a business no longer in operation. Vintage signs may only be relocated 225 for use as public art to sites in the following districts: D-1, D-2, D-3, D-4, G-MU, 226 CSHBD1, CSHBD2, FB-UN2, FB-UN3FB-MU11, FB-SC, FB-SE, TSA. 227 228 SECTION 10. Effective Date. This Ordinance shall become effective on the date of its 229 first publication. 230 231 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 232 2023. 233 ______________________________ 234 CHAIRPERSON 235 ATTEST AND COUNTERSIGN: 236 237 ______________________________ 238 CITY RECORDER 239 240 Transmitted to Mayor on _______________________. 241 242 243 Mayor’s Action: _______Approved. _______Vetoed. 244 245 ______________________________ 246 MAYOR 247 ______________________________ 248 CITY RECORDER 249 (SEAL) 250 251 Bill No. ________ of 2023. 252 Published: ______________. 253254 Ordinance adopting FB MU11 zoning (legislative) SALT LAKE CITY ORDINANCE No. ______ of 2023 (Public Square Amendments) An ordinance amending the text of various sections of Title 21A of the Salt Lake City Code pertaining to public squares. WHEREAS, Salt Lake City Code Chapter 15.12 governs the creation and regulation of designated public squares to be used by the public; and WHEREAS, the Salt Lake City Council (“City Council”) desires to create a public square on city-owned property known as the “Fleet Block”, which is situated between 800 South and 900 South Streets and between 300 West and 400 West Streets; and WHEREAS, the City Council has determined that locating a new public square on the southeast quadrant of the Fleet Block to initially be known as the “Fleet Block Public Square” is in the public’s best interests; and WHEREAS, the City Council is initially designating this public square as “Fleet Block Public Square” with the intent to rename it in the future. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 15.12.020 of the Salt Lake City Code shall be and hereby is amended to read as follows: 15.12.020: AREAS DESIGNATED: The following shall be designated as public squares, malls and pleasure grounds, as provided in sSection 15.12.010 of this chapter, or its successor section: A. Washington Square, described as follows: Being all of Block 38, Plat "A", Salt Lake City, encompassing the area between Fourth and Fifth South Streets and between State and Second East Streets. B. 500 West Street Commons, described as follows: Being all of the following described property, encompassing the median islands in 500 West Street between North Temple Street and 400 South Street: 1. The median island in 500 West Street between 400 South Street and 250 South Street, more particularly described as follows: Beginning south 454.78 feet and east 5.33 feet from the Northwest corner of Block 62, Plat A, Salt Lake City Survey, located in the West half of Section 1, Township 1 South, Range 1 West, Salt Lake Base and Meridian; thence S00°01'22"E 58.24 feet to a point of curve, chord bears S27°40'58"W 7.91 feet; thence southwesterly 8.23 feet along an 8.51 foot radius curve to the right to a point of reverse curve, chord bears S27°39'00"W 11.46 feet; thence southerly 11.92 feet along a 12.34 foot radius curve to the left; thence S00°01'22"E 112.81 feet to the point of curve, chord bears S27°41'37"E 11.46 feet; thence southeasterly 11.92 feet along a 12.34 foot radius curve to the left to a point of reverse curve, chord bears S27°43'41"E 7.91 feet; thence southerly 8.23 feet along an 8.51 foot radius curve to the right; thence S00°01'18"E 133.96 feet to a point of curve, chord bears S27°41'05"W 7.91 feet; thence southwesterly 8.23 feet along an 8.51 foot radius curve to the right to a point of reverse curve, chord bears S27°39'04"W 11.46 feet; thence southerly 11.92 feet along a 12.34 foot radius curve to the left; thence S00°01'15"E 238.41 feet to a point of curve, chord bears S27°41'33"E 11.46 feet; thence southeasterly 11.92 feet along a 12.34 foot radius curve to the left to a point of reverse curve, chord bears S27°43'34"E 7.91 feet; thence southerly 8.23 feet along an 8.51 foot radius curve to the right; thence S00°01'15"E 33.50 feet to a point of curve, chord bears S10°15'03"W 155.91 feet; thence southwesterly 156.75 feet along a 437.18 foot radius curve to the right to a point to reverse curve, chord bears S10°09'50"W 176.90 feet; thence southerly 177.86 feet along a 491.89 foot radius curve to the left to a point of reverse curve, chord bears S46°45'23"W 8.03 feet; thence westerly 9.00 feet along a 5.51 foot radius curve to the right to a point of compound curve, chord bears N46°47'47"W 8.03 feet; thence northwesterly 9.00 feet along a 5.51 foot radius curve to the right; thence N00°01'15"W 90.58 feet; thence N06°06'32"W 75.43 feet; thence N00°01'15"W 195.47 feet to a point of curve, chord bears N27°41'05"E 7.91 feet; thence northeasterly 8.23 feet along an 8.51 foot radius curve to the right to a point of reverse curve, chord bears N27°39'04"E 11.46 feet; thence northerly 11.92 feet along a 12.34 foot radius curve to the left; thence N00°01'15"W 238.41 feet to a point of curve, chord bears N27°42'58"W 11.46 feet; thence northwesterly 11.92 feet along a 12.33 foot radius curve to the left to a point of reverse curve, chord bears N27°41'32"W 7.91 feet; thence northerly 8.23 feet along an 8.52 foot radius curve to the right; thence N00°01'18"W 133.96 feet to a point of curve, chord bears N27°40'58"E 7.91 feet; thence northeasterly 8.23 feet along an 8.51 foot radius curve to the right to a point of reverse curve, chord bears N27°39'09"E 11.46 feet; thence northerly 11.92 feet along a 12.33 foot radius curve to the left; thence N00°01'22"W 112.81 feet to a point of curve, chord bears N27°42'16"W 11.46 feet; thence northwesterly 11.91 feet along a 12.33 foot radius curve to the left to a point of reverse curve, chord bears N27°42'16"W 7.92 feet; thence northerly 8.23 feet along an 8.52 foot radius curve to the right; thence N00°01'22"W 233.87 feet to a point of curve, chord bears N77°31'49"E 39.06 feet; thence northeasterly 54.14 feet along a 20.00 foot radius curve to the right to a point of compound curve, chord bears S12°28'22"E 188.52 feet; thence southeasterly 190.01 feet along a 437.22 foot radius curve to the right to the point of beginning, contains 1.63 acres more or less. 2. The median island in 500 West Street between 200 South Street and 100 South Street, more particularly described as follows: Beginning west 43.78 feet and north 2.95 feet from the Northwest corner of Block 65, Plat A, Salt Lake City Survey, located in the Northwest Quarter of Section 1, Township 1 South, Range 1 West, Salt Lake Base and Meridian. The following courses are along the top back of curb; thence S00°00'36"E 65.15 feet to a point of curve, chord bears S13°15'01"W 208.55 feet; thence southwesterly 210.42 feet along the arc of a 454.61 foot radius curve to the right to a point of reverse curve, chord bears S24°35'47"W 33.76 feet; thence southwesterly 33.76 feet along the arc of a 505.27 foot radius curve to the left to a point of reverse curve, chord bears N78°39'50"W 39.22 feet; thence westerly 54.91 feet along the arc of a 20 foot radius curve to the right; thence N00°00'36"W 291.10 feet to a point of curve, chord bears N44°58'53"E 28.28 feet; thence northeasterly 31.41 feet along the arc of a 20 foot radius curve to the right; thence N89°58'21"E 60.34 feet to a point of curve, chord bears S45°01'07"E 28.29 feet; thence southeasterly 31.42 feet along the arc of a 20 foot radius curve to the right to the point of beginning, contains 0.63 acres more or less. 3. The median island in 500 West Street between 100 South Street and South Temple Street, more particularly described as follows: Beginning west 43.80 feet and south 3.05 feet from the Southwest corner of Block 80, Plat A, Salt Lake City Survey, located in the Northwest Quarter of Section 1, Township 1 South, Range 1 West, Salt Lake Base and Meridian. The following courses are along the top back of curb, Point is also point of curve, chord bears S44°58'39"W 28.28 feet; thence southwesterly 31.41 feet along the arc of a 20 foot radius curve to the right; thence S89°58'21"W 60.34 feet to a point of curve, chord bears N45°01'21"W 28.29 feet; thence northwesterly 31.42 feet along the arc of a 20 foot radius curve to the right; thence N00°01'04"W 655.89 feet to a point of curve, chord bears N60°32'34"E 17.42 feet; thence northeasterly 21.14 feet along the arc of a 10 foot radius curve to the right to a point of reverse curve, chord bears N89°58'58"E 70.01 feet; thence easterly 73.57 feet along the arc of a 67.72 foot radius curve to the left to a point of reverse curve, chord bears S60°34'41"E 17.42 feet; thence southeasterly 21.14 feet along the arc of a 10 foot radius curve to the right; thence S00°01'04"E 655.88 feet to the point of beginning, contains 1.56 acres more or less. 4. The median island in 500 West Street at South Temple Street, more particularly described as follows: Beginning west 64.72 feet and north 19.23 feet from the Northwest corner of Block 80, Plat A, Salt Lake City Survey, located in the Northwest Quarter of Section 1, Township 1 South, Range 1 West, Salt Lake Base and Meridian. The following courses are along the top back of curb, Point is also point of curve, chord bears S89°58'48"W 58.83 feet; thence westerly 65.16 feet along the arc of a 42.06 foot radius curve to the right to a point of compound curve, chord bears N00°01'07"W 99.01 feet; thence northerly 110.30 feet along the arc of a 69.26 foot radius curve to the right to a point of compound curve, chord bears N89°58'48"E 58.83 feet; thence easterly 65.15 feet along the arc of a 42.06 foot radius curve to the right to a point of compound curve, chord bears S00°01'18"E 99.01 feet; thence southerly 110.30 feet along the arc of a 69.26 foot radius curve to the right to a point of beginning, contains 0.22 acres more or less. 5. The median island in 500 West Street between South Temple Street and North Temple Street, more particularly described as follows: Beginning west 44.00 feet and north 22.04 feet from the Southwest corner of Block 83, Plat A, Salt Lake City Survey, located in the Northwest Quarter of Section 1, Township 1 South, Range 1 West, and Southwest Quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian. The following courses are along the top back of curb, Point is also point of curve, chord bears S60°32'26"W 17.42 feet; thence southwesterly 21.14 feet along the arc of a 10.00 foot radius curve to the right to a point of reverse curve, chord bears S89°58'48"W 70.01 feet; thence westerly 73.57 feet along the arc of a 67.72 foot radius curve to the left to a point of reverse curve, chord bears N60°34'49"W 17.42 feet; thence northwesterly 21.14 feet along the arc of a 10.00 foot radius curve to the right; thence N00°01'12"W 73.40 feet to a point of curve, chord bears N12°20'04"E 192.64 feet; thence northerly 194.14 feet along the arc of a 450.17 foot radius curve to the right to a point of compound curve, chord bears N57°20'40"E 37.77 feet; thence northeasterly 39.90 feet along the arc of a 35.00 foot radius curve to the right; thence East 2.33 feet to a point of curve, chord bears S45°00'36"E 35.35 feet; thence southeasterly 39.26 feet along the arc of a 25.00 foot radius curve to the right; thence S00°01'12"E 256.96 feet to a point of beginning, contains 0.57 acres more or less. C. Fleet Block Public Square, described as follows: A proposed parcel of land for purposes of public space and mid block connections in Block 7, Plat 'A', Salt Lake City Survey, said block also known as the Fleet Block. Proposed parcel more particularly described as follows: Beginning at the Southeast Corner of said Block 7 and running thence West 360 feet along the south line of said Block 7; thence North 330 feet; thence West 33 feet; thence North 100 feet; thence East 75 feet; thence S18°15'46"E 105.30 feet; thence East 285 feet to the east line of said Block 7; thence South 330 feet along said east line to the point of beginning. Contains 127,950 square feet, or 2.937 acres, more or less. SECTION 2. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance creating Fleet Block Public Square (final) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Paul C. Nielson, Senior City Attorney November 30, 2023 LEGISLATIVE DRAFT 1 SALT LAKE CITY ORDINANCE 2 No. ______ of 2023 3 (Public Square Amendments) 4 5 6 An ordinance amending the text of various sections of Title 21A of the Salt Lake City 7 Code pertaining to public squares. 8 WHEREAS, Salt Lake City Code Chapter 15.12 governs the creation and regulation of 9 designated public squares to be used by the public; and 10 WHEREAS, the Salt Lake City Council (“City Council”) desires to create a public square 11 on city-owned property known as the “Fleet Block”, which is situated between 800 South and 12 900 South Streets and between 300 West and 400 West Streets; and 13 WHEREAS, the City Council has determined that locating a new public square on the 14 southeast quadrant of the Fleet Block to initially be known as the “Fleet Block Public Square” is 15 in the public’s best interests; and 16 WHEREAS, the City Council is initially designating this public square as “Fleet Block 17 Public Square” with the intent to rename it in the future. 18 19 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 20 21 SECTION 1. That Chapter 15.12.020 of the Salt Lake City Code shall be and hereby is 22 amended to read as follows: 23 15.12.020: AREAS DESIGNATED: 24 25 The following shall be designated as public squares, malls and pleasure grounds, as provided 26 in sSection 15.12.010 of this chapter, or its successor section: 27 28 A. Washington Square, described as follows: 29 30 Being all of Block 38, Plat "A", Salt Lake City, encompassing the area between Fourth 31 and Fifth South Streets and between State and Second East Streets. LEGISLATIVE DRAFT 32 33 B. 500 West Street Commons, described as follows: 34 35 Being all of the following described property, encompassing the median islands in 500 36 West Street between North Temple Street and 400 South Street: 37 38 1. The median island in 500 West Street between 400 South Street and 250 South Street, 39 more particularly described as follows: 40 41 Beginning south 454.78 feet and east 5.33 feet from the Northwest corner of Block 42 62, Plat A, Salt Lake City Survey, located in the West half of Section 1, Township 1 43 South, Range 1 West, Salt Lake Base and Meridian; thence S00°01'22"E 58.24 feet to 44 a point of curve, chord bears S27°40'58"W 7.91 feet; thence southwesterly 8.23 feet 45 along an 8.51 foot radius curve to the right to a point of reverse curve, chord bears 46 S27°39'00"W 11.46 feet; thence southerly 11.92 feet along a 12.34 foot radius curve 47 to the left; thence S00°01'22"E 112.81 feet to the point of curve, chord bears 48 S27°41'37"E 11.46 feet; thence southeasterly 11.92 feet along a 12.34 foot radius 49 curve to the left to a point of reverse curve, chord bears S27°43'41"E 7.91 feet; thence 50 southerly 8.23 feet along an 8.51 foot radius curve to the right; thence S00°01'18"E 51 133.96 feet to a point of curve, chord bears S27°41'05"W 7.91 feet; thence 52 southwesterly 8.23 feet along an 8.51 foot radius curve to the right to a point of 53 reverse curve, chord bears S27°39'04"W 11.46 feet; thence southerly 11.92 feet along 54 a 12.34 foot radius curve to the left; thence S00°01'15"E 238.41 feet to a point of 55 curve, chord bears S27°41'33"E 11.46 feet; thence southeasterly 11.92 feet along a 56 12.34 foot radius curve to the left to a point of reverse curve, chord bears 57 S27°43'34"E 7.91 feet; thence southerly 8.23 feet along an 8.51 foot radius curve to 58 the right; thence S00°01'15"E 33.50 feet to a point of curve, chord bears 59 S10°15'03"W 155.91 feet; thence southwesterly 156.75 feet along a 437.18 foot 60 radius curve to the right to a point to reverse curve, chord bears S10°09'50"W 176.90 61 feet; thence southerly 177.86 feet along a 491.89 foot radius curve to the left to a 62 point of reverse curve, chord bears S46°45'23"W 8.03 feet; thence westerly 9.00 feet 63 along a 5.51 foot radius curve to the right to a point of compound curve, chord bears 64 N46°47'47"W 8.03 feet; thence northwesterly 9.00 feet along a 5.51 foot radius curve 65 to the right; thence N00°01'15"W 90.58 feet; thence N06°06'32"W 75.43 feet; thence 66 N00°01'15"W 195.47 feet to a point of curve, chord bears N27°41'05"E 7.91 feet; 67 thence northeasterly 8.23 feet along an 8.51 foot radius curve to the right to a point of 68 reverse curve, chord bears N27°39'04"E 11.46 feet; thence northerly 11.92 feet along 69 a 12.34 foot radius curve to the left; thence N00°01'15"W 238.41 feet to a point of 70 curve, chord bears N27°42'58"W 11.46 feet; thence northwesterly 11.92 feet along a 71 12.33 foot radius curve to the left to a point of reverse curve, chord bears 72 N27°41'32"W 7.91 feet; thence northerly 8.23 feet along an 8.52 foot radius curve to 73 the right; thence N00°01'18"W 133.96 feet to a point of curve, chord bears 74 N27°40'58"E 7.91 feet; thence northeasterly 8.23 feet along an 8.51 foot radius curve 75 to the right to a point of reverse curve, chord bears N27°39'09"E 11.46 feet; thence 76 northerly 11.92 feet along a 12.33 foot radius curve to the left; thence N00°01'22"W 77 112.81 feet to a point of curve, chord bears N27°42'16"W 11.46 feet; thence LEGISLATIVE DRAFT 78 northwesterly 11.91 feet along a 12.33 foot radius curve to the left to a point of 79 reverse curve, chord bears N27°42'16"W 7.92 feet; thence northerly 8.23 feet along 80 an 8.52 foot radius curve to the right; thence N00°01'22"W 233.87 feet to a point of 81 curve, chord bears N77°31'49"E 39.06 feet; thence northeasterly 54.14 feet along a 82 20.00 foot radius curve to the right to a point of compound curve, chord bears 83 S12°28'22"E 188.52 feet; thence southeasterly 190.01 feet along a 437.22 foot radius 84 curve to the right to the point of beginning, contains 1.63 acres more or less. 85 86 2. The median island in 500 West Street between 200 South Street and 100 South Street, 87 more particularly described as follows: 88 89 Beginning west 43.78 feet and north 2.95 feet from the Northwest corner of Block 65, 90 Plat A, Salt Lake City Survey, located in the Northwest Quarter of Section 1, 91 Township 1 South, Range 1 West, Salt Lake Base and Meridian. The following 92 courses are along the top back of curb; thence S00°00'36"E 65.15 feet to a point of 93 curve, chord bears S13°15'01"W 208.55 feet; thence southwesterly 210.42 feet along 94 the arc of a 454.61 foot radius curve to the right to a point of reverse curve, chord 95 bears S24°35'47"W 33.76 feet; thence southwesterly 33.76 feet along the arc of a 96 505.27 foot radius curve to the left to a point of reverse curve, chord bears 97 N78°39'50"W 39.22 feet; thence westerly 54.91 feet along the arc of a 20 foot radius 98 curve to the right; thence N00°00'36"W 291.10 feet to a point of curve, chord bears 99 N44°58'53"E 28.28 feet; thence northeasterly 31.41 feet along the arc of a 20 foot 100 radius curve to the right; thence N89°58'21"E 60.34 feet to a point of curve, chord 101 bears S45°01'07"E 28.29 feet; thence southeasterly 31.42 feet along the arc of a 20 102 foot radius curve to the right to the point of beginning, contains 0.63 acres more or 103 less. 104 105 3. The median island in 500 West Street between 100 South Street and South Temple 106 Street, more particularly described as follows: 107 108 Beginning west 43.80 feet and south 3.05 feet from the Southwest corner of Block 80, 109 Plat A, Salt Lake City Survey, located in the Northwest Quarter of Section 1, 110 Township 1 South, Range 1 West, Salt Lake Base and Meridian. The following 111 courses are along the top back of curb, Point is also point of curve, chord bears 112 S44°58'39"W 28.28 feet; thence southwesterly 31.41 feet along the arc of a 20 foot 113 radius curve to the right; thence S89°58'21"W 60.34 feet to a point of curve, chord 114 bears N45°01'21"W 28.29 feet; thence northwesterly 31.42 feet along the arc of a 20 115 foot radius curve to the right; thence N00°01'04"W 655.89 feet to a point of curve, 116 chord bears N60°32'34"E 17.42 feet; thence northeasterly 21.14 feet along the arc of 117 a 10 foot radius curve to the right to a point of reverse curve, chord bears 118 N89°58'58"E 70.01 feet; thence easterly 73.57 feet along the arc of a 67.72 foot 119 radius curve to the left to a point of reverse curve, chord bears S60°34'41"E 17.42 120 feet; thence southeasterly 21.14 feet along the arc of a 10 foot radius curve to the 121 right; thence S00°01'04"E 655.88 feet to the point of beginning, contains 1.56 acres 122 more or less. 123 LEGISLATIVE DRAFT 124 4. The median island in 500 West Street at South Temple Street, more particularly 125 described as follows: 126 127 Beginning west 64.72 feet and north 19.23 feet from the Northwest corner of Block 128 80, Plat A, Salt Lake City Survey, located in the Northwest Quarter of Section 1, 129 Township 1 South, Range 1 West, Salt Lake Base and Meridian. The following 130 courses are along the top back of curb, Point is also point of curve, chord bears 131 S89°58'48"W 58.83 feet; thence westerly 65.16 feet along the arc of a 42.06 foot 132 radius curve to the right to a point of compound curve, chord bears N00°01'07"W 133 99.01 feet; thence northerly 110.30 feet along the arc of a 69.26 foot radius curve to 134 the right to a point of compound curve, chord bears N89°58'48"E 58.83 feet; thence 135 easterly 65.15 feet along the arc of a 42.06 foot radius curve to the right to a point of 136 compound curve, chord bears S00°01'18"E 99.01 feet; thence southerly 110.30 feet 137 along the arc of a 69.26 foot radius curve to the right to a point of beginning, contains 138 0.22 acres more or less. 139 140 5. The median island in 500 West Street between South Temple Street and North 141 Temple Street, more particularly described as follows: 142 143 Beginning west 44.00 feet and north 22.04 feet from the Southwest corner of Block 144 83, Plat A, Salt Lake City Survey, located in the Northwest Quarter of Section 1, 145 Township 1 South, Range 1 West, and Southwest Quarter of Section 36, Township 1 146 North, Range 1 West, Salt Lake Base and Meridian. The following courses are along 147 the top back of curb, Point is also point of curve, chord bears S60°32'26"W 17.42 148 feet; thence southwesterly 21.14 feet along the arc of a 10.00 foot radius curve to the 149 right to a point of reverse curve, chord bears S89°58'48"W 70.01 feet; thence 150 westerly 73.57 feet along the arc of a 67.72 foot radius curve to the left to a point of 151 reverse curve, chord bears N60°34'49"W 17.42 feet; thence northwesterly 21.14 feet 152 along the arc of a 10.00 foot radius curve to the right; thence N00°01'12"W 73.40 feet 153 to a point of curve, chord bears N12°20'04"E 192.64 feet; thence northerly 194.14 154 feet along the arc of a 450.17 foot radius curve to the right to a point of compound 155 curve, chord bears N57°20'40"E 37.77 feet; thence northeasterly 39.90 feet along the 156 arc of a 35.00 foot radius curve to the right; thence East 2.33 feet to a point of curve, 157 chord bears S45°00'36"E 35.35 feet; thence southeasterly 39.26 feet along the arc of a 158 25.00 foot radius curve to the right; thence S00°01'12"E 256.96 feet to a point of 159 beginning, contains 0.57 acres more or less. 160 161 C. Fleet Block Public Square, described as follows: 162 163 A proposed parcel of land for purposes of public space and mid block connections in Block 164 7, Plat 'A', Salt Lake City Survey, said block also known as the Fleet Block. Proposed 165 parcel more particularly described as follows: 166 167 Beginning at the Southeast Corner of said Block 7 and running thence West 360 feet along 168 the south line of said Block 7; thence North 330 feet; thence West 33 feet; thence North 169 100 feet; thence East 75 feet; thence S18°15'46"E 105.30 feet; thence East 285 feet to the LEGISLATIVE DRAFT 170 east line of said Block 7; thence South 330 feet along said east line to the point of 171 beginning. 172 Contains 127,950 square feet, or 2.937 acres, more or less. 173 174 SECTION 2. Effective Date. This ordinance shall become effective on the date of its 175 first publication. 176 177 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 178 2023. 179 ______________________________ 180 CHAIRPERSON 181 ATTEST AND COUNTERSIGN: 182 183 ______________________________ 184 CITY RECORDER 185 186 187 Transmitted to Mayor on _______________________. 188 189 Mayor’s Action: _______Approved. _______Vetoed. 190 191 ______________________________ 192 MAYOR 193 ______________________________ 194 CITY RECORDER 195 (SEAL) 196 197 Bill No. ________ of 2023. 198 Published: ______________.199 Ordinance creating Fleet Block Public Square (legislative) Date/Time Opened Contact Name Contact: Email Subject Description 11/17/2020 15:47 Laurel Clayson laurel.clayson@gmail.com Public Comment: Ordinance: Fleet Block Zoning Amendments Council Members, I am a constituent here in Salt Lake City and a member of the community. I live between Liberty Park and the Fleet Block. I strongly oppose the rezoning of this block. As you know, the Fleet Block is home to a collection of murals which honor those killed by police violence. The murals have served as a gathering space for the community since the first one was painted. In this space, people pray, protest, mourn, collect donations, and meet with each other. The community has planted flowers in this space and beautified the entire block. Because of all of this, I believe this block is more beneficial and important to the community as-is, than it would be as a "redeveloped" block of offices or apartments. This space does not need redeveloping as it is safe, pleasant, and community-oriented as-is. Thank you for your time. I hope you will put the needs of the current community over the money of developers. Laurel Clayson 10/6/2020 13:19 Cameron Cockburn cameronacoburn@gmail.com Fleet block change Happy Tuesday all, Writing in to simply say I'm in favor of the rezoning of the formerly in-use fleet block that is no long in use by the relocated fleet. Cheers, Cameron Cockburn Date/Time Opened Contact Name Contact: Email Subject Description 4/14/2021 10:25 Anonymous Constituent anonymous@slcgov.com The caller wanted to leave a comment with the Council regarding the homeless encampment in front of the murals at the Fleet Block. He was upset to wake up and to find over fifty police officers preforming a camp abatement on such a cold and wet morning. Furthermore, he believes that the money used to clean up the camps could have gone to something better. He walked out onto the sidewalk near the area and said he was confronted by three police officers who looked down upon him for being a concerned citizen. He says he understand this is a lose lose situation for all involved but is concerned about the City's priorities. 4/7/2021 13:46 Larry Framme lframm01@yahoo.com Please consider the potential of adding a park in the redevelopment of the Fleet Block. Any rezone that jeopardizes this option of being on the table in the future, I am not in support of. I live on 800 W. 900 S. Thanks for taking my comment into consideration. Sincerely, Larry Framme3/2/2021 8:49 Tim Dwyer tim@fisherbeer.com Greetings Salt Lake City Council Members, Following the recent discussions on the Fleet Block Development, We, the Granary District Alliance, would like to submit the attached letter for your consideration. We would greatly appreciate the opportunity to engage with the council regarding moving forward with a community facing development at Fleet Block. Please consider the important points in our letter and let us know how we can participate in the ongoing dialog about what is best for our neighborhood and the tremendous opportunities for our community that exist with the development of the Fleet Block. On behalf of the board of GDA, Thank you all for your time and consideration of the attached letter. We would gladly continue this discussion at a council meeting or work session. Feel free to reach out and let us know what the next steps are and how we at the Granary District Alliance can participate in the process. We look forward to working with you on an exciting project at the very core of our district. Best regards, Tim Dwyer GDA Board Member *See Corresponding Attachments* 2/10/2021 11:46 Calvin Dittmore calvin.dittmore@gmail.com fleet block rezone As someone who lives in the glendale area I drive past the fleet block everyday. I would like to keep the public land zoning of the block and utilize it to honor the citizens killed by police officers. Building more unaffordable housing would disgrace the good work being done currently with the murals. I propose another free water station, a warming station for our unsheltered community (see examples from cities like Chicago) and potential public space opportunies for landscape art or things like a pickleball court. Housing prices will continue to rise as our population grows here in Utah. to create nature and public oriented spaces is the right move for our city as gentrification will naturally take effect on the westside. In conclusion: Adjust the block in a way to keep honoring people killed by police. Create a space for public recreation and outreach. Thank you Date/Time Opened Contact Name Contact: Email Subject Description 4/23/2021 16:40 Aleyzia Grant galeyzia@gmail.com Good afternoon , I'm Aleyzia Grant and I've looking into fleet murals downtown I read on line that you guy's were thinking about tearing it down but I've been looking into that building for quite some time and want to bring it your guys attention and who ever else I may have to talk to about turning that into a non profit organization a boys and girls club that I would run something to give back to the community with different resources to help different people in need I truly think it would be a beautiful idea and would appreciate it if you guys took that into consideration thank you in advance! 4/22/2021 15:02 Matthew MURPHY matt.murphy1377@gmail.com Central Ninth - Future Green Space Good Afternoon, As we continue to see future developments in the Central Ninth Neighborhood, can we please consider additional greenspace to our neighborhood. Reasons for greenspace: 1. We are seeing 1000s of new units, specifically micro units - so residents will naturally be looking to get outside. I can't imagine spending your whole day in a 300sq ft flat. 2. Many units are dog-friendly - we are seeing excess dog waste all throughout the area 3. Climate change - hotter summers... shade would be nice to have 4. Covid and future pandemics - people want and need outdoor space 5. Work from home - many people need an escape outdoors close to home - protect our mental health 6. Make people proud of our neighborhood Potential opportunities: 1. Fleet Block - hybrid of new commercial and greenspace or just a park! 1. Avenues has great parks, Sugarhouse has plenty of parks, why not us? Liberty Park is great, but there is always room for more. 2. Protecting Jefferson Park 1. So many neighbors and residents are using and loving this very small area. Primarily a dog park, but we need spaced for kids, recreation, etc 3. Remove West Temple exit to 80 - pipedream, but would be an amazing way to link BallPark to C9. 4. 900 South improvements - great start! Given the zoning in our area, we are becoming a dumping ground for micro units, short term hotels and other projects that other neighborhoods would never accept. I think providing greenspace would be a great compromise. Thank you -Matt Murphy 4/15/2021 10:37 Anonymous Constituent anonymous@slcgov.com This caller wished to remain anonymous. He called in to express is frustration with the camp abatements in front of the Fleet Block murals. He was disappointed to see police and health officials clearing the camp. He understands that things are being done but believes that it is not enough and the barriers are to high right now for the homeless to get help. He states that he tries to do his part by bringing individuals food when he can. He is also upset with the County Health Department and believes they are lying about the way camp abatements are being conducted. He has lived in Salt Lake for most of his life, but is finding it more and more difficult to call it home. He would like more money put into this issue instead of giving it to developers and the police. He is asking someone on the Council to speak up about the issue. Date/Time Opened Contact Name Contact: Email Subject Description 2/15/2022 9:52 Michael Mejia mfmejia@gmail.com FW: (EXTERNAL) In support of Arts Council’s staffing request Dear Councilmember Valdemoros, My name is Michael Mejia and I serve on the Salt Lake Art + Design Board for District 4. I am writing you today to ask for your support of the Arts Council’s request for additional staff positions in Budget Amendment 6. I understand that many Departments within Salt Lake City are struggling with needs for staffing support, and you have many staffing requests in this budget amendment for consideration. It is a challenging position to be in and I appreciate your consideration and service to our community. * Many of the Arts Council’s programs have grown over the last few years including the creation of the Living Legacy Video Series and Finch Lane Flash Projects, maintenance responsibilities for the newly passed percent for art ordinance, new City Arts Grants categories and an ever increasing volume of requests and grants, participation in multiple City stakeholder and advisory groups and initiatives such as Fleet Block and Gentrification Mitigation, and increased efforts with equity, inclusion, and community outreach. More simply put, the Arts Council staff have been asked to do more with flat staffing since 2012. * In 2019 the Mayor’s Advisor on Arts & Culture full-time position was eliminated with all of the project and policy responsibilities of this position being added to the responsibilities of the Arts Council’s Executive Director as well as management of the Cultural Core project. * The Arts Council leverages City investment by raising 30-35% of all operating and programming expenses from sources outside of the City budget. * Additional staff would also serve the purpose of stabilizing qualifying expenditures of the organization to leverage critical grant funds from the prestigious Salt Lake County Zoo, Arts, and Parks grant program. * The Arts Council works diligently to continue to find additional funding opportunities through grant writing and development. One recent success is that the Arts Council is just one of 66 awardees nationally and the only awardee in the state of Utah to receive ARPA funding to sub-grant to our community from the National Endowment for the Arts. The $500,000 in funding will go directly to our local artists and arts organizations aiding in a more swift and equitable economic recovery than what might have otherwise been possible. This increases the City’s impact. As outlined in the Mayor’s plan from 2020 to 2021, we have been strategically working on the “stabilization of the 1/27/2022 16:54 Marcus Cazier mcazier@gmail.com Fleet Block represents a once-in-a-generation chance to do something amazing for Salt Lake City: Creating a new park. The $2M earmarked for additional improvements to Pioneer Park could be redirected to build a park for the residents of the booming Granary and Central Ninth neighborhoods. The park could include a space to memorialize the murals, and continue to act as gathering for social causes. It could have several walls dedicated to outdoor art, with different artists being invited to paint them over and over. We need housing and business spaces. But we also need green space to keep our city beautiful. Fleet Block is a blank canvas. Let's create something beautiful on it. Thanks, Marcus Cazier Date/Time Opened Contact Name Contact: Email Subject Description 10/4/2022 13:31 Danae Villarreal danaevillarreal@gmail.com Fleet Block Rezone Hi there! SLC needs a permanent food truck park. Building one in the Fleet Block would be a great way to support many small businesses at once. Especially if park/green space are included in the rezone. Thanks for considering! 11/23/2022 10:08 Bret Webster bretwebs@gmail.com Comment on fleet block The murals are quite precious. I can't imagine any plan forward that wouldn't include some way to preserve them and honor them and maintain such a space for the community. 11/23/2022 10:09 Leverett Woodruff lkwoodruff@gmail.com Public Comment Regarding the Proposed Rezone of Fleet Block Good evening, I would like to submit a comment regarding the proposed rezone of Fleet Block. I want to thank Council Member Fowler for noting during the Work Session today that in order to retain community trust, the Council must uphold promises that have been made to the families of those who are memorialized in the murals. I urge the Council to center the expressed concerns and wishes of those families in any plans to redevelop Fleet Block. I especially urge you to incorporate preservation of the murals into any proposals for what to do with the block. I am disheartened to read that "the walls where the murals were painted are hard to save because of the material" in the official information at https://fleet-block-rezone-slcgov.hub.arcgis.com/. I would think that with the technological advances in building and engineering today, a way to preserve the murals could be found. Please include preservation methods for the murals in any RFP you may issue about redeveloping the block. I also support the suggestion made during the Work Session today that the RFP include requirements that potential partners have strong social justice/community partnership/diversity, equity and inclusion credentials, above and beyond what would be required in a normal RFP. Anyone who works on redeveloping this block must be committed to respecting and making manifest the community's wishes about what to do with the space. Fleet Block is sacred to many community members, and its powerful purpose as a place to mourn, come together, share emotions, and heal must be maintained in any future plans for the block. Thank you. -- Regards, Levy Woodruff 12/14/2022 15:42 Jeffrey Mccarthy wwilliams19@gmail.com Fleet Block Rezone - A plea for greenspace Hello SLC Councilmembers, I live one block from the fleet block and fully support the rezone of the property--if it can guarantee the green space currently in the plan. Our neighborhood is in dire need of green space. The best block to walk by my house is around Mark Miller Toyota because the sidewalks are cleared, they have green parkstrips for dogs, and their lighting means I feel safe walking at night. It's pretty sad when the best walking is around a car dealership. It would be wonderful to have the park currently slated for the NE corner of the Fleet Block, across from Fisher Brewing. Thank you for thinking of our neighbor's walkability, safety, and community as you make these zoning decisions. Sincerely, Whitney McCarthy 12/16/2022 13:00 Ira Hinckley ihinckley@gmail.com Fleet Block Murals Hi Darin, Regarding recent discussions over the murals in your district: My request for the fleet block mural graffiti is that they are torn down and placed in the dump where they belong. How would you feel driving by this shameful display, if you were the victim of one of these criminals and now they were being celebrated and honored with attention. What a slap in the face! This uninvited graffiti is also a slap in the face to our hard working, dedicated Law Enforcement Officers who see that this city places more value on criminals than the trauma they endure while protecting our city. It needs to go. Now. > Regards, > Ira Hinckley > Resident Date/Time Opened Contact Name Contact: Email Subject Description 11/3/2022 15:36 Aleyzia Grant leyziaaboo@icloud.com Fleet Block Property I am Aleyzia Grant and I am emailing you in regards to see how I could speak my opinion on the Fleetrock property I know it may be closed right now but I would love to share my idea of wanting to take this beautiful and turn it into so place that gives back to the community it would mean a lot hope to hear from you soon! Sent from my iPhone10/4/2022 13:31 Danae Villarreal danaevillarreal@gmail.com Fleet Block Rezone Hi there! SLC needs a permanent food truck park. Building one in the Fleet Block would be a great way to support many small businesses at once. Especially if park/green space are included in the rezone. Thanks for considering! 7/11/2022 16:18 Alan Hardman a_e_hardman@hotmail.com Homeless place of safety Mayor and Council Members, The old Fleet building on 300 West between 800 and 900 South seems like a reasonable place to encourage homeless to camp. The water utilities and restrooms could be enhanced with minimal cost and the lot could be divided into simple 'camp sites' with spray paint. Trash receptacles can be spread throughout and major cleaning could be done weekly (it would be cheaper than what the Health Dept has to do now). Even if the City had to provide some oversite and policing it would be better than the emergency reports that currently come from neighborhoods' concerns. And the homeless would have a relatively safe place with water and restrooms. Has anyone looked into trying this? thanks, Ellie Hardman 3/29/2022 16:14 Aleyzia Grant galeyzia@gmail.com Fleet block property GoodMorning Im emailing you in regards to your fleet block property that you guys have I'm inlove with this building and been looking into how to go about trying to start a non profit organization to give back to the community I think that would be a beautiful spot for it with a great meaning to the world with this building I would want to make it a place of love and giving back to the people I would start off with free resources , hygiene , work shops etc as well having boy and girls activities for the kids to be able to just enjoy give people hope letting them know there is a way for change no matter what situation your in it would be my pleasure to hear back have a great day! Aleyzia 2/25/2022 9:39 Sage Sagers sagesagers@gmail.com Don't rezone Fleet Block. The murals there are important to the community as it creates a space to remember and honor lives lost by police brutality. If for some reason it must be rezoned, I suggest that the murals be saved and displayed after rezoning or relocated entirely. Date/Time Opened Contact Name Contact: Email Subject Description 12/28/2022 9:19 Deborah Hunt huntdebo@gmail.com A resource for documenting Fleet Square Honorable Councilor, I feel these murals are essential treasures of Salt Lake City history. I understand the need to develop, and appreciate the efforts taken to include family members and community in moving forward. I am remembering the impact of visiting the Gantt museum in Charlotte, NC during the democratic national convention of 2012. It housed a huge exhibit of Tavis Smiley's America I Am. https://www.ganttcenter.org/ Today, coincidentally, I was perusing Facebook's Events and saw this coming up with Dr. France Davis. Choosing Love Over Hate <https://www.facebook.com/events/838313464145366/?acontext=%7B%22event_action_history%22%3A%5b %7B%22surface%22%3A%22home%22%7D%2C%7B%22mechanism%22%3A%22discovery_top_tab%22%2C%22 surface%22%3A%22bookmark%22%7D%5d%2C%22ref_notif_type%22%3Anull%7D> . I followed a link to this collection <https://campusguides.lib.utah.edu/c.php?g=1219670&p=8921920> at the U's Marriott Library. Although this collection documents Utah's Black History, it would be interesting to see whether they would be inclined to partner with the city to digitize and document the murals at Fleet Square. It started, as I understand, with a black man's - George Floyd - murder, and grew from there to memorialize people in our city who died by police shootings. I love our police department and think our chief is doing a great job with community outreach and training of officers. It must be hard for the city to reckon with the times when people are killed by police, under any circumstance. It's a delicate thing, yet I don't believe we can forget because we can always do better. I love that the council and mayor remember that these folks who died were loved ones and they were good, had stories, and potential that was cut short. Thanks for listening. Please let me know if you are able to make progress on this. Let me know if I can help in any way. Paz y luz, Deborah Esquibel Hunt 3/30/2023 12:21 Leverett Woodruff lkwoodruff@gmail.com Preserve the murals and create a community resource space at Fleet Block Good evening, I’m writing to ask that any future rezoning or redevelopment of Fleet Block preserve the murals that memorialize lives lost to police brutality. The murals are a sacred space of healing for those whose loved ones are remembered there. The city should respect this profoundly important use of the space by so many in our community. I would also like to suggest that one potential use for part of Fleet Block is a community center that has green space and a community produce garden outside and recreation space, like a basketball or pickle ball court, inside, as well as restrooms with showers and laundry facilities that could be used by anyone in the area who needed it, including our unsheltered neighbors. The center could also include a library, clothes closet, and space for local businesses to have pop up shops. Another helpful feature would be private rooms and regularly scheduled time that community members could meet with social workers, mental health counselors, harm reduction teams, and legal aid attorneys. Please consider dedicating part of Fleet Block to meet the needs of Salt Lakers for a place to connect with their community and get basic needs met. Thank you, Levy Woodruff 7/18/2023 12:00 Kaitlin Wilson kaitlin.wilson@students.svu.edu SLC Police Brutality Murals Hello, Due to illness in my family, I'm unable to attend the formal meeting for this agenda. I want to make sure my comments are taken into consideration as well. These murals not only help to keep these victims of police brutality alive through memory, they remind us that there are changes that desperately need to be made so we have an equitable justice system. I will be deeply disappointed if the decision is made to essentially erase the history of police brutality instead of learning and growing from it. Thank you for your consideration, Kaitlin Wilson Date/Time Opened Contact Name Contact: Email Subject Description 7/18/2023 15:14 Leverett Woodruff lkwoodruff@gmail.com Comment on Fleet Block proposed rezone Good afternoon, I have reviewed the Mayor’s Office proposal regarding the Fleet Block zoning and disposition strategy, and would like to offer the following comment. I have previously written to comment that the Administration and Council should prioritize the wishes of the families whose loved ones are portrayed in the Fleet Block murals when it comes to any redevelopment of this property. I want to reiterate how important it is that these families guide the redevelopment process. As noted in the most recent communication from the Mayor’s Office, the city vacated Fleet Block in 2010 and left it with various levels of environmental contamination. It was the families and loved ones of those portrayed in the murals who restored the site to beneficial use for the community by painting the murals, planting garden boxes before each mural, and installing benches and resource boxes for food, water, and other necessities for unsheltered Salt Lake citizens. It is these families and their community who continually maintain the site by mowing, weeding, and picking up trash. They do this because the site is a sacred space of healing for them and of outreach to our neighbors experiencing homelessness. I urge you to listen to the input of these families about the future of Fleet Block. Any redevelopment must prioritize saving the murals. They should be the main feature of the public space proposed for the site. I also urge that any housing proposed for the site be required to be deeply affordable, or affordable to Utahns whose incomes do not exceed 30% of Area Median Income. Far too often, what is called “affordable housing” is not affordable to most of those who need it. The solution to homelessness is housing, and if we want this site to benefit the community, there are few more beneficial or urgent projects than housing our neighbors who need it most. The Administration’s update states that the City will “involve underrepresented communities in the development process” for Fleet Block. The City has a responsibility to include the Murals families on any committees or other bodies that make decisions going forward. Please give these families the voice they are owed, because they uplifted this space to honor their loved ones whose lives were lost to state-sanctioned violence. Thank you. Levy Woodruff 7/21/2023 15:44 Rae Duckworth messageraeduck@gmail.com 900 south 300 west Dear SLC City Council, We hope this email finds you well. I am an active community member and CAG (Community Activist Group) member in Salt Lake City. Recently, proposals were shared to the city council regarding “Fleet Block”. Fleet Block is better known as The Salt Lake City Police Brutality Murals and it is of historical value in our neighborhood. The discussions surrounding police violence are vital to our community and our neighborhood’s growth. Demolishing these murals will not erase police violence or the conversations needed around police reform, police violence and police murder. It is concerning that there was not a mention of a community center, resource center or a permanent gathering center as this space is currently operating that way. We feel it to be a priority when discussing the future and development of this area. Salt Lake City currently has a high demand for resources that stretch from; shelter, food, water, harm reduction, mental and physical health. These types of resources should be required in this block now that this intersection is equally accessible from the East and West sides of the valley. We encourage you to support your community and their current successful efforts at keeping this space safe for mourning and grieving, outreach, collecting and sharing ideas, but most importantly getting to know our neighbors. Below are some reference ideas for your next discussion. COUNTY HEALTH RANKINGS - TAKE ACTION https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3709358/ street civics - reducing crime CJC healthcare.utah.edu https://www.safetyreimagined.org/community-of-practice/when-not-to-send-the-police-a- conversation-with-los-angeles-police-chief-michel-moore CAHOOTS COMMUNITY JUSTICE CENTER hammer & hope magazine Sincerely, Your Constituent -- Rae Duckworth Operating Chairperson of Black Lives Matter Utah Chapter Date/Time Opened Contact Name Contact: Email Subject Description 7/21/2023 15:46 Sean McDermot backtoschool427@yahoo.com Fleet Block Dear SLC City Council, We hope this email finds you well. I am an active community member and CAG (Community Activist Group) member in Salt Lake City. Recently, proposals were shared to the city council regarding “Fleet Block”. Fleet Block is better known as The Salt Lake City Police Brutality Murals and it is of historical value in our neighborhood. The discussions surrounding police violence are vital to our community and our neighborhood’s growth. Demolishing these murals will not erase police violence or the conversations needed around police reform, police violence and police murder. It is concerning that there was not a mention of a community center, resource center or a permanent gathering center as this space is currently operating that way. We feel it to be a priority when discussing the future and development of this area. Salt Lake City currently has a high demand for resources that stretch from; shelter, food, water, harm reduction, mental and physical health. These types of resources should be required in this block now that this intersection is equally accessible from the East and West sides of the valley. We encourage you to support your community and their current successful efforts at keeping this space safe for mourning and grieving, outreach, collecting and sharing ideas, but most importantly getting to know our neighbors. Below are some reference ideas for your next discussion. COUNTY HEALTH RANKINGS - TAKE ACTION https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3709358/ street civics - reducing crime CJC healthcare.utah.edu https://www.safetyreimagined.org/community-of-practice/when-not-to-send-the-police-a- conversation-with-los-angeles-police-chief-michel-moore CAHOOTS COMMUNITY JUSTICE CENTER hammer & hope magazine Sincerely, Sean McDermott 7/21/2023 15:50 Jackie Daniels-Brown jackiedb53@gmail.com Murals Dear SLC City Council, We hope this email finds you well. I am an active community member and CAG (Community Activist Group) member in Salt Lake City. Recently, proposals were shared to the city council regarding “Fleet Block”. Fleet Block is better known as The Salt Lake City Police Brutality Murals and it is of historical value in our neighborhood. The discussions surrounding police violence are vital to our community and our neighborhood’s growth. Demolishing these murals will not erase police violence or the conversations needed around police reform, police violence and police murder. It is concerning that there was not a mention of a community center, resource center or a permanent gathering center as this space is currently operating that way. We feel it to be a priority when discussing the future and development of this area. Salt Lake City currently has a high demand for resources that stretch from; shelter, food, water, harm reduction, mental and physical health. These types of resources should be required in this block now that this intersection is equally accessible from the East and West sides of the valley. We encourage you to support your community and their current successful efforts at keeping this space safe for mourning and grieving, outreach, collecting and sharing ideas, but most importantly getting to know our neighbors. Below are some reference ideas for your next discussion. COUNTY HEALTH RANKINGS - TAKE ACTION https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3709358/ street civics - reducing crime CJC healthcare.utah.edu https://www.safetyreimagined.org/community-of-practice/when-not-to-send-the-police-a- conversation-with-los-angeles-police-chief-michel-moore CAHOOTS COMMUNITY JUSTICE CENTER hammer & hope magazine Sincerely, Your Constituent Date/Time Opened Contact Name Contact: Email Subject Description 7/21/2023 15:52 Jennifer Jackson jljackson1984@gmail.com Community Space Needed Dear SLC City Council, We hope this email finds you well. I am an active community member and CAG (Community Activist Group) member in Salt Lake City. Recently, proposals were shared to the city council regarding “Fleet Block”. Fleet Block is better known as The Salt Lake City Police Brutality Murals and it is of historical value in our neighborhood. The discussions surrounding police violence are vital to our community and our neighborhood’s growth. Demolishing these murals will not erase police violence or the conversations needed around police reform, police violence and police murder. It is concerning that there was not a mention of a community center, resource center or a permanent gathering center as this space is currently operating that way. We feel it to be a priority when discussing the future and development of this area. Salt Lake City currently has a high demand for resources that stretch from; shelter, food, water, harm reduction, mental and physical health.These types of resources should be required in this block now that this intersection is equally accessible from the East and West sides of the valley. We encourage you to support your community and their current successful efforts at keeping this space safe for mourning and grieving, outreach, collecting and sharing ideas, but most importantly getting to know our neighbors. Below are some reference ideas for your next discussion. COUNTY HEALTH RANKINGS - TAKE ACTION https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3709358/ street civics - reducing crime CJC healthcare.utah.edu https://www.safetyreimagined.org/community-of-practice/when-not-to-send-the-police-a- conversation-with-los-angeles-police-chief-michel-moore CAHOOTS COMMUNITY JUSTICE CENTER hammer & hope magazine Sincerely, Your Constituent, Jennifer Jackson 7/31/2023 17:00 Claudia Rasmussen claudia.rasmussen1@gmail.com Let's preserve the SLC Police Brutality Murals - Fleet Block Dear SLC City Council, We hope this email finds you well. I am an active community member and CAG (Community Activist Group) member in Salt Lake City. Recently, proposals were shared to the city council regarding “Fleet Block”. Fleet Block is better known as The Salt Lake City Police Brutality Murals and it is of historical value in our neighborhood. The discussions surrounding police violence are vital to our community and our neighborhood’s growth. Demolishing these murals will not erase police violence or the conversations needed around police reform, police violence and police murder. It is concerning that there was not a mention of a community center, resource center or a permanent gathering center as this space is currently operating that way. We feel it to be a priority when discussing the future and development of this area. Salt Lake City currently has a high demand for resources that stretch from; shelter, food, water, harm reduction, mental and physical health. These types of resources should be required in this block now that this intersection is equally accessible from the East and West sides of the valley. We encourage you to support your community and their current successful efforts at keeping this space safe for mourning and grieving, outreach, collecting and sharing ideas, but most importantly getting to know our neighbors. Sincerely, Claudia Rasmussen 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: June 1, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2019-00277 FB-UN3 Ordinance and Informational Update STAFF CONTACT: Daniel Echeverria, Senior Planner, daniel.echeverria@slcgov.com. 801-535- 7165 DOCUMENT TYPE: Ordinance RECOMMENDATION: Adopt the updated ordinances that would (1) adopt the FB-UN3 zone and (2) map the zone on the Fleet Block. BUDGET IMPACT: None BACKGROUND/DISCUSSION: At the November 22nd City Council meeting the Council requested a revision to the proposed FB- UN-3, Form Based Urban Neighborhood 3, ordinance regarding ground floor use requirements and requested more information regarding the Planning Commission’s recommendation to consider a lot size limit. The Council also discussed splitting the ordinance into two parts – a zoning text amendment to adopt the code and zoning map amendment to map the zone over the Fleet Block. Since that meeting, Staff has also made some updates to the proposed ordinance to align the FB-UN3 text with recent City Code changes. The below sections provide more information on those items. Ground Floor Use Modification The Council discussed strengthening the ground floor use requirement to ensure a use with a high- level of activity would be on the ground floor of larger buildings. Buildings are already required 06/02/2023 06/02/2023 Lisa Shaffer (Jun 2, 2023 09:34 MDT) to have a ground floor use that isn’t just parking along sidewalks, but that space can be occupied by residential units. Residential units are not necessarily high activity uses. In response to this, Staff is proposing the following language: For buildings with street facing facades over 100' in length, a minimum of 30% of the façade length shall be an “active use” as defined in 21A.37.050.A.1. Except for the rowhouse building form, residential units shall not count as an “active use” toward the 30% minimum. Active Use Definition: Active uses include retail establishments, retail services, civic spaces (theaters, museums, etc.), restaurants, bars, art and craft studios, and other uses determined to be substantially similar by the planning director and/or planning commission. The language would require that for buildings with a façade length longer than 100', at least 30% of that length would need to include an “active use” with a high potential for visible activity, such as retail or restaurant space, as defined above. Residential units would not count toward this requirement. At the smallest size building this regulation would apply to (at least 101' in length), the 30% requirement will create a space at least 30' in width, which is large enough to support a small business. All required ground floor spaces are required by ordinance to have a minimum 25' depth. This is a diagram representing the area proportions of the proposed ground floor use regulation. The red area is the percentage required to be a high activity “active use” such as retail or a restaurant; the yellow is the remainder of the façade that at a minimum must be occupied by a lower activity “active use,” such as residential or retail; and the remainder of the façade can be occupied by areas such as lobbies, mailrooms, parking, or other less active uses. The 100' length threshold captures larger buildings where there is likely more financial feasibility to accommodate a high activity ground floor use. Rowhomes are proposed to be excluded from the requirement as they are generally smaller in size, and it may not be as feasible to accommodate such uses as part of those developments. The above code relies on additional code not yet adopted, but that is currently proposed in the “Downtown Building Heights” ordinance, and so the proposed code changes have been included in that ordinance to avoid an ordinance conflict. That ordinance is currently before the Council. Lot Size Limits to Control Building Length Size The Planning Commission provided a recommendation that the City Council consider a lot size limit for property in the FB-UN3 zone. The Commission was concerned that there may be very large developments on the Fleet Block and recommended that there should be lot size limits to encourage smaller buildings and more building variety. One particular concern at the Commission meeting was that the Fleet Block could be developed for one very large building. A related recurring concern for the Commission is long façade lengths. Development scale is regulated in the FB-UN3 code with height limits (125' max.) and façade length limits (200' max.). These two types of regulations are generally how development scale is controlled in most of the City’s commercial and mixed-use zones. A key purpose of the façade length limit is to avoid long, monotonous building facades and help visually break up long block faces. Diagrams of a lot size limit example next to the proposed 200' façade length limit. Lot size limits are an additional way to regulate development scale. Maximum lot size limits are used in the City’s lower scale single- and two-family residential zones and in one lower scale commercial zone intended to be mapped within residential neighborhoods. An example of such a limit is the R-1/5,000, Single-family Residential, zone that has a maximum lot size of 7,500 square feet. The maximums are intended to help ensure new development is compatible and in scale with existing single-family residential homes. In these zones a maximum façade length limit is not used. This is in contrast to the City’s commercial and mixed-use zones that generally use a façade length limit to limit development size, rather than a lot size limit. Planning Staff doesn’t believe that a lot size limit is necessary due to the following reasons: • Development size is already regulated by the façade length limit, which accomplishes the same intent of limiting visible scale of development at the pedestrian level. • A lot size limit, whether controlling maximum lot area or width, would add unnecessary complexity to the zoning ordinance by having overlapping standards controlling development size. • Lot size limits would generally not limit development size for existing large properties. Those properties could be developed as-is at their current size as “legal noncomplying” properties. The lot size limit would only kick in if an owner wanted to divide their larger property or join their property with others. • A façade length limit would limit all future development sizes on these large properties – unlike a maximum lot size limit. Staff recommends not imposing a maximum lot size limit, as the maximum façade length limit accomplishes the same intent and would better control development size in more situations than a lot size limit. Further, the Administration is proposing to break up the Fleet Block into multiple lots with an internal street and pedestrian walkway network, so a lot size limit is not necessary to ensure that breakup. Ordinance Split – Zoning Text and Zoning Map Amendments The Council expressed interest in the proposed ordinance being split into two different parts – a text amendment to adopt the FB-UN3 zone into the City’s ordinance and a map amendment to map the zone over the Fleet Block. The City Attorney’s Office has split up the ordinance into those two parts that can be adopted by the City Council separately. The text amendment would need to be adopted first. The map amendment could then be adopted at a later date. Ordinance Updates Due to Recent Code Changes and Potential Conflicts There have been a few ordinance changes to the City’s land use tables since this ordinance was first transmitted to the Council in April 2020, including the “Technology Related Land Uses,” “Significant Water Consuming Land Uses,” “Congregate Care,” and “Single-Room Occupancy” text amendments. As a result, Staff has updated the land use table in the FB-UN3 ordinance to align with those code changes. For example, where tech related uses were added to the FB-UN2 zone, which is similar to the intensity of the FB-UN3 zone, the same uses have been added to the FB-UN3 zone. Footnotes have also been added to uses to align with those text amendments. Staff has also removed some duplicate uses from the FB-UN3 land use list to avoid conflict and interpretation issues, such as “Office, Publishing Company” and “Store, Convenience,” as the uses are already allowed under general uses like “Office” and “Retail Goods Establishment.” There are other pending ordinance changes to City Code that are before the City Council, including the “Downtown Building Heights” ordinance. The “Downtown Building Heights” ordinance makes several changes to all the form-based zones and includes adjustments to the FB-UN3 zone to align with those changes. Because of that, the FB-UN3 ordinance has been updated with language to avoid a “text collision,” where conflicting code is adopted with two different ordinances. With this additional language in place, the ordinances can be adopted in any order without causing text collision issues. PUBLIC PROCESS: The attached information and ordinance are a response to the Council’s questions and discussion at the Council briefing held on November 22, 2022. Public process and background information has been previously sent to the Council in prior transmittals. EXHIBITS: 1)FB-UN3 Zoning Text Amendment Ordinance, Final and Legislative Versions (Adopts the FB-UN3 Into the City Zoning Code) 2)FB-UN3 Zoning Map Amendment, Final Version (Maps the FB-UN3 Zone Over the Fleet Block) EXHIBIT 1: FB-UN3 Zoning Text Amendment Ordinance, Final and Legislative Versions Exhibit 2: FB-UN3 Zoning Map Amendment Ordinance, Final Version 1 SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending the text of Title 21A of the Salt Lake City Code to create the FB-UN3 Form Based Urban Neighborhood 3 Subdistrict) An ordinance amending the text of Title 21A of the Salt Lake City Code to create the FB- UN3 Form Based Urban Neighborhood 3 Subdistrict pursuant to Petition No. PLNPCM2019- 00277. WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 11, 2019 to consider a petition by former Salt Lake City Mayor Jacqueline Biskupski to amend various provisions of Title 21A of the Salt Lake City Code to create the FB-UN3 Form Based Urban Neighborhood 3 Subdistrict, to establish regulations for that subdistrict, and to apply the FB-UN3 Form Based Urban Neighborhood 3 Subdistrict to the “fleet block” property located between 800 South and 900 South Streets and 300 West and 400 West Streets pursuant to Petition No. PLNPCM2019-00277; and WHEREAS, at its December 11, 2019 meeting, the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition; and WHEREAS, after a public hearing on this matter the city council has determined 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.27.030.C. (Void if Building Heights in the Downtown Plan Area Ordinance Adopted). That, if amendments to Subsection 21A.27.030.C of the Salt Lake City Code (Zoning: Form Based Districts: Building Configuration and Design Standards) pursuant to Petition No. PLNPCM2022-00529 are not 2 adopted by the date of the City Council adopting this ordinance then that subsection shall be, and hereby is amended as follows (if adopted then this Section 1 is void): a. That the first paragraph of Subsection 21A.27.030.C is amended to read as follows: 21A.27.030.C. Application of Building Configuration Standards: Building configuration standards apply to all new buildings and additions when the new construction related to the addition is greater than twenty five percent (25%) of the footprint of the structure or one thousand (1,000) square feet, whichever is less. The graphics included provide a visual representation of the standards as a guide and are not meant to supersede the standards in the tables. This standard applies to all form- based zoning subdistricts unless otherwise indicated. The standards in this section may be modified through the design review process, subject to the requirements of Chapter 21A.59 of this title. The requirements set forth in Subsections C.8 “Open Space Area” and C.12 “Permitted Encroachments And Height Exceptions” of this Subsection 21A.27.030.C may not be modified through design review. b. That Subsection 21A.27.030.C.7 is amended to read as follows: 7. Building Materials: A minimum of seventy percent (70%) of any street facing building facade shall be clad in high quality, durable, natural materials, such as stone, brick, wood lap siding, patterned or textured concrete, fiber cement board siding, shingled or panel sided, and glass. Material not specifically listed may be approved at the discretion of the planning director if it is found that the proposed material is of similar durability and quality to the listed materials. If approved, such material can count toward the seventy percent (70%) requirement. Other materials may count up to thirty percent (30%) of the street facing building facade. Exterior insulation and finishing systems (EIFS) is permitted for trim only. c. That Subsection 21A.27.030.C.8 is amended to read as follows: 8. Open Space Area: A minimum of ten percent (10%) of the lot area shall be provided for open space area, unless a different requirement is specified in the applicable form based zoning subdistrict for the applicable building form. Open space area may include landscaped yards, patio, dining areas, common balconies, rooftop gardens, and other similar outdoor living spaces. Private balconies shall not be counted toward the minimum open space area requirement. Required parking lot landscaping or perimeter parking lot landscaping shall also not count toward the minimum open space area requirement. 3 SECTION 2. Amending the text of Salt Lake City Code Section 21A.27.050. That Section 21A.27.050 of the Salt Lake City Code (Zoning: Form Based Subdistricts: FB-UN1 and FB-UN2 Form Based Urban Neighborhood District) shall be, and hereby is amended as follows: a. That the title of Section 21A.27.050 is amended to read as follows: 21A.27.050: FB-UN1, FB-UN2, AND FB-UN3 FORM BASED URBAN NEIGHBORHOOD SUBDISTRICTS: b. That Subsection 21A.27.050.A.1 is amended to read as follows: A. Subdistricts: 1. Named: The following subdistricts can be found in the urban neighborhood form based district: a. FB-UN1 Urban Neighborhood 1 Subdistrict: Generally includes small scale structures, up to two and one-half (2.5) stories in height, on relatively small lots with up to four (4) dwelling units per lot depending on building type. Reuse of existing residential structures is encouraged. Development regulations are based on the building type. b. FB-UN2 Urban Neighborhood 2 Subdistrict: Generally includes buildings up to four (4) stories in height, with taller buildings located on street corner parcels, which may contain a single use or a mix of commercial, office, and residential uses. Development regulations are based on building type, with the overall scale, form, and orientation of buildings as the primary focus. c. FB-UN3 Urban Neighborhood 3 Subdistrict: Generally includes buildings up to eight (8) stories in height, with taller buildings allowed through the design review process. Development regulations are based on types of buildings and differ between building types as indicated. The subdistrict contains a mix of uses that include commercial, technical, light industrial, high density residential, and other supportive land uses. c. [Note to codifier: use this Section 21A.27.050.D. if Building Heights in the Downtown Plan Area Ordinance is not yet adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2022-00529] That Section 21A.27.050 is amended to adopt a new Subsection 21A.27.050.D: 21A.27.050.D. FB-UN3 Building Form Standards: Building form standards for each allowed building form and other associated regulations for the FB-UN3 subdistrict are listed in the below tables of this section. 4 1. Row House Building Form Standards: TABLE 21A.27.050.D.1 Building Regulation Regulation for Building Form: Row House H Height Maximum of 40’. All heights measured from established grade. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. F Front and Corner Side Yard Setback Minimum 5’. Maximum 10’, unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through the design review process (Chapter 21A.59). S Interior Side Yard Minimum of 5’ between row house building form and side property line, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. No setback required for common walls. R Rear Yard Minimum of 5’ between row house building form and rear property line, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. U Uses Per Story Residential on all stories; live/work units permitted on ground level. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South must be occupied by a live/work space at least 25’ in depth. Dimensions may be modified through the design review process (Chapter 21A.59). E Entry Feature Each dwelling unit must include an allowed entry feature. See Table 21A.27.030B for allowed entry features. Dwelling units adjacent to a street must include an entry feature on street facing façade. Pedestrian connections with minimum 5’ width are required for each required entry feature. U Upper Level Step Back When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building façade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. OS Open Space Area Each dwelling unit shall include a minimum open space area that is equal to at least 25% of the footprint of the individual unit, subject to all other open space area requirements of Subsection 21A.27.030.C.8 “Open Space Area.” A minimum of 20% of the required open space area shall include vegetation. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. SO Side/Interior Orientation Dwelling units not located directly adjacent to a street are permitted, provided the building configuration standards for glass and ground floor transparency are complied with on the façade with the required entry feature. Lots for individual row house dwelling units without public street frontage are allowed subject to recording a final subdivision plat that: 5 2. Multi-Family Residential, Storefront, and Vertical Mixed-Use Building Form Standards: TABLE 21A.27.050.D.2 1. Documents that new lots have adequate access to a public street by way of easements or a shared driveway; and 2. Includes a disclosure of private infrastructure costs for any shared infrastructure associated with the new lot(s) per Section 21A.55.110 of this title. MW Mid-block Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. DS Design Standards See Section 21A.27.030 for other applicable building configuration and design standards. Building Regulation Regulation for Building Forms: Multi-family Residential/Storefront/Vertical Mixed Use H Height Maximum height of 125’. All heights measured from established grade. Buildings in excess of 85’ require design review in accordance with Chapter 21A.59. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. GH Ground Floor Height Minimum ground floor height 14’. F Front and Corner Side Yard Setback No minimum is required; however, doors are prohibited from opening into the public right of way. Maximum 10’ unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through the design review process (Chapter 21A.59). B Required Build-To Minimum of 50% of street facing facade shall be built within 5’ of the front or corner side property line. May be modified through the design review process (Chapter 21A.59). S Interior Side Yard No minimum required, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. R Rear Yard No minimum required, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South shall be limited to the following uses: retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters, or performing art facilities. E Ground Floor Dwelling Entrances Ground floor dwelling units adjacent to a street must have an allowed entry feature. See Table 21A.27.030B for allowed entry features. Pedestrian connections, as per Subsection 21A.27.030.C.5, are required for each required entry feature. 6 3. Parking Regulations: Specific parking standards applicable to the FB-UN3 subdistrict are listed below in Table 21A.27.050.D.3 of this section. These are in addition to any other applicable parking standards in Title 21A. TABLE 21A.27.050.D.3 U Upper Level Step Back When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building facade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. MW Mid-block Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. OS Open Space Vegetation A minimum of 20% of the required open space area shall include vegetation. LB Loading Bay Maximum of one (1) loading bay on a front façade per street face, subject to all dimensional requirements in Section 21A.44.070. Loading bay entry width limited to 14’ and must be screened by garage door. One loading bay driveway is allowed in addition to any other driveway allowances. DS Design Standards See Section 21A.27.030 for other applicable building configuration and design standards. Parking Regulation Applicability: Applies to all properties in the zone SP Surface Parking Location Surface parking shall be located behind or to the side of a principal building provided: 1. The parking is set back a minimum of 25’ from the front or corner side property line; and 2. The setback area shall be considered a landscaped yard and comply with the landscape yard planting requirements in Chapter 21A.46 and include: a. Trees with a minimum mature spread of 20’ planted at one tree for every 20’ of street frontage; and b. A 3’ tall solid wall or fence at the property line along the street. A hedge or other similar landscaped screen may be used in place of a wall or fence provided the plants are spaced no further than 18 inches on center across the entire frontage. GE Garage Entrances Street facing parking garage entrance doors shall have a minimum 20’ setback from the front property line and shall not exceed 50% of the first floor building width. One-way garage entry may not exceed 14’ in width; multiway garage entry may not exceed 26’ in width. VA Vehicle Access One (1) driveway is allowed per street frontage. Driveways required to meet fire code are exempt from this limitation. LS Loading and Service Areas Allowed behind or to the side of a principal building only, except where specifically allowed by the applicable form based zoning subdistrict for the applicable building form. All service areas shall be screened or located within the building. EB Existing Buildings The reuse of existing buildings is exempt from the requirements of this table unless new parking area(s) are being added. New parking areas are subject to compliance with this section. 7 4. Streetscape Regulations: Specific streetscape regulations applicable to the FB-UN3 subdistrict are listed below in Table 21A.27.050.D.4 of this section. These regulations are in addition to any other applicable streetscape standards in Title 21A. TABLE 21A.27.050.D.4 5. Uses Not Associated with Building Form: Allowed uses that do not involve construction of a building, such as parks and open space, are not required to comply with any specific building form regulation. c. [Note to codifier: use this Section 21A.27.050.D. if Building Heights in the Downtown Plan Area Ordinance is adopted as of the date of this ordinance pursuant to Petition No. PLNPCM2022-00529] That Section 21A.27.050 is amended to adopt a new Subsection 21A.27.050.D: 21A.27.050.D. FB-UN3 Building Form Standards: Building form standards for each allowed building form and other associated regulations for the FB-UN3 subdistrict are listed in the below tables of this section. 1. Row House Building Form Standards: TABLE 21A.27.050.D.1 Streetscape Regulation Applicability: Applies to all properties in the zone ST Street Trees Street trees are required and shall be provided as per Subsection 21A.48.060.D. SW Sidewalk Width Sidewalks shall have a minimum width of 8’. This standard does not require removal of existing street trees, existing buildings, or portions thereof. For purposes of this section, sidewalk width is measured from the back of the park strip or required street tree if no park strip is provided, toward the adjacent property line. SL Street Lights Street lights are required and shall be installed in compliance with the city’s Street Lighting Master Plan and Policy or its successor. Building Regulation Regulation for Building Form: Row House H Height Maximum of 40’. All heights measured from established grade. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. F Front and Corner Side Yard Setback Minimum 5’. Maximum 10’, unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through Design Review (Chapter 21A.59). S Interior Side Yard Minimum of 5’ between row house building form and side property line, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, 8 2. Multi-Family Residential, Storefront, and Vertical Mixed-Use Building Form Standards: TABLE 21A.27.050.D.2 an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. No setback required for common walls. R Rear Yard Minimum of 5’ between row house building form and rear property line, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. U Uses Per Story Residential on all stories; live/work units permitted on ground level. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South must be occupied by a live/work space at least 25’ in depth. Dimensions may be modified through Design Review (Chapter 21A.59). E Entry Feature Each dwelling unit must include an allowed entry feature. See Table 21A.27.030B for allowed entry features. Dwelling units adjacent to a street must include an entry feature on street facing façade. Pedestrian connections, as per Subsection 21A.27.030.C.5, with minimum 5’ width are required for each required entry feature. U Upper Level Stepback When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building façade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. OS Open Space Area Each dwelling unit shall include a minimum open space area that is equal to at least 25% of the footprint of the individual unit, subject to all other open space area requirements of Subsection 21A.27.030.C.1 “Open Space Area.” A minimum of 20% of the required open space area shall include vegetation. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. SO Side/Interior Orientation Dwelling units not located directly adjacent to a street are permitted, provided the design standards for glass are complied with on the façade with the required entry feature. Lots for individual row house dwelling units without public street frontage are allowed subject to recording a final subdivision plat that: 1. Documents that new lots have adequate access to a public street by way of easements or a shared driveway; and 2. Includes a disclosure of private infrastructure costs for any shared infrastructure associated with the new lot(s) per Section 21A.55.110 of this title. MW Midblock Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. DS Design Standards See Section 21A.27.030 and Chapter 21A.37 for other applicable building configuration and design standards. 9 Building Regulation Regulation for Building Forms: Multi-family Residential/Storefront/Vertical Mixed Use H Height Maximum height of 125’. All heights measured from established grade. Buildings in excess of 85’ require design review in accordance with Chapter 21A.59. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. GH Ground Floor Height Minimum ground floor height 14’. F Front and Corner Side Yard Setback No minimum is required; however, doors are prohibited from opening into the public right of way. Maximum 10’ unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through Design Review process (Chapter 21A.59). B Required Build-To Minimum of 50% of street facing facade shall be built within 5’ of the front or corner side property line. May be modified through Design Review process (Chapter 21A.59). S Interior Side Yard No minimum required, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. R Rear Yard No minimum required, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South shall be limited to the following uses: retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters, or performing art facilities. E Ground Floor Dwelling Entrances Ground floor dwelling units adjacent to a street must have an allowed entry feature. See Table 21A.27.030B for allowed entry features. Pedestrian connections, as per Subsection 21A.27.030.C.5, are required to each required entry feature. U Upper Level Stepback When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building facade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. MW Midblock Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. OS Open Space Vegetation A minimum of 20% of the required open space area shall include vegetation. 10 3. Parking Regulations: Specific parking standards applicable to the FB-UN3 subdistrict are listed below in Table 21A.27.050.D.3 of this section. These are in addition to any other applicable parking standards in Title 21A. TABLE 21A.27.050.D.3 4. Streetscape Regulations: Specific streetscape regulations applicable to the FB-UN3 subdistrict are listed below in Table 21A.27.050.D.4 of this section. These regulations are in addition to any other applicable streetscape standards in Title 21A. TABLE 21A.27.050.D.4 LB Loading Bay Maximum of one (1) loading bay on a front façade per street face, subject to all dimensional requirements in Section 21A.44.070. Loading bay entry width limited to 14’ and must be screened by garage door. One loading bay driveway is allowed in addition to any other driveway allowances. DS Design Standards See Section 21A.27.030 and Chapter 21A.37 for other applicable building configuration and design standards. Parking Regulation Applicability: Applies to all properties in the zone SP Surface Parking Location Surface parking shall be located behind or to the side of a principal building provided: 3. The parking is set back a minimum of 25’ from the front or corner side property line; and 4. The setback area shall be considered a landscaped yard and comply with the landscape yard planting requirements in Chapter 21A.46 and include: a. Trees with a minimum mature spread of 20’ planted at one tree for every 20’ of street frontage; and b. A 3’ tall solid wall or fence at the property line along the street. A hedge or other similar landscaped screen may be used in place of a wall or fence provided the plants are spaced no further than 18 inches on center across the entire frontage. GE Garage Entrances Street facing parking garage entrance doors shall have a minimum 20’ setback from the front property line and shall not exceed 50% of the first floor building width. One-way garage entry may not exceed 14’ in width; multiway garage entry may not exceed 26’ in width. VA Vehicle Access One (1) driveway is allowed per street frontage. Driveways required to meet fire code are exempt from this limitation. LS Loading and Service Areas Allowed behind or to the side of a principal building only, except where specifically allowed by the applicable form based zoning subdistrict for the applicable building form. All service areas shall be screened or located within the building. EB Existing Buildings The reuse of existing buildings is exempt from the requirements of this table unless new parking area(s) are being added. New parking areas are subject to compliance with this section. Streetscape Regulation Applicability: Applies to all properties in the zone ST Street Trees Street trees are required and shall be provided as per Subsection 21A.48.060.D. 11 5. Uses Not Associated with Building Form: Allowed uses that do not involve construction of a building, such as parks and open space, are not required to comply with any specific building form regulation. SECTION 3. Amending the text of Salt Lake City Code Section 21A.33.080. That Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses In Form Based Districts) shall be, and hereby is amended to read and appear as follows: 21A.33.080: TABLE OF PERMITTED AND CONDITIONAL USES IN FORM BASED DISTRICTS: Note: Uses which are not listed in the following table are not permitted in any form based code zoning district. Legend: P = Permitted C = Conditional Use Permitted Uses By District FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Accessory use, except those that are specifically regulated in this chapter, or elsewhere in this title P P P P P Adaptive reuse of a landmark building P Alcohol: Bar establishment P8 P8 P8 C8 Brewpub P8 P8 P8 C8 Distillery P5 Tavern P8 Tavern, 2,500 square feet or less in floor area P8 P8 P8 C8 Winery P5 Amphitheater, formal P Amphitheater, informal P Amusement park P Animal Cremation service P SW Sidewalk Width Sidewalks shall have a minimum width of 8’. This standard does not require removal of existing street trees, existing buildings, or portions thereof. For purposes of this section, sidewalk width is measured from the back of the park strip or required street tree if no park strip is provided, toward the adjacent property line. SL Street Lights Street lights are required and shall be installed in compliance with the city’s Street Lighting Master Plan and Policy or its successor. 12 Kennel (Indoor) P Kennel (Outdoor) C Veterinary office P P P P Antenna, communication tower P P P P Art gallery P P P P Artisan food production P3,5 P3,5 P3,5 P3,5 Artists loft/studio P Auction (indoor) P Auditorium P Bed and breakfast P P P P P Bed and breakfast inn P P P P P Bed and breakfast manor P P P P P Bio-medical facility P4,5 P4,5 P4,5 Blacksmith shop (indoor) P Blood donation center P Botanical garden P Brewery P5 Brewery, small P5 Bus line station/terminal C Car wash C Charity dining hall P Clinic (medical, dental) P P P P Commercial food preparation P5 P5 P5 P5 Community garden P P P P P Community recreation center P P P P Convent/monastery P Convention center P Crematorium P Daycare center, adult P P P P center, child P P P P nonregistered home daycare P1 P1 P1 P1 P1 registered home daycare or preschool P1 P1 P1 P1 P1 Dwelling: Accessory guest and servants’ quarters P Assisted living facility (large) P Assisted living facility (limited capacity) P P P P P Assisted living facility (small) P P P P Congregate Care Facility (Large) C C C C Congregate Care Facility (Small) C P Group home (large) P P P P Group home (small) P P P P Living quarters for caretaker or security guard P Multi-family P P P P Residential support (large) P P 13 Residential support (small) P P Rooming (boarding) house P P Single-family attached P P P P Single-family detached P Single-family detached (cottage development building form only) P P Single room occupancy P P Two-family P Emergency medical services facility P Equipment rental (indoor) P Exhibition hall P Farmers’ market P P P P Financial institution P P P Flea market (indoor) P Funeral home P P P P Gas station C Government facility P P P P P Greenhouse P Health and fitness facility P P P P Home occupation P2 P2 P2 P2 P2 Hospital P Hotel/motel P P P House museum in landmark site P P P P P Industrial assembly (indoor) P Intermodal transit passenger hub P Laboratory, medical related P5 P5 P5 P5 Library P P P P Manufacturing, light (indoor) P Meeting hall of membership organization P Mixed use developments including residential and other uses allowed in the zoning district P P P P Mobile food business P Mobile food court P Mobile food trailer P Mobile food truck P Municipal service uses, including city utility uses and police and fire stations P P P P P Museum P P P P Nursing care facility P P P P Office P P P P Office and/or reception center in landmark site P P P P Open space P P P P P Park P P P P P Parking, commercial C7 Parking facility, shared P7 14 Parking garage P Parking, off site P P P7 P P Parking, park and ride lot shared with existing use P7 Performing arts production facility P Photo finishing lab P5 P5 P5 Place of worship P P P P Plazas P P P P P Radio, television station P Railroad passenger station P Reception center P Recreation (indoor) P P P P Recreation (outdoor) P Research and development facility P5 P5 P5 P5 Restaurant P P P P Retail goods establishment P P P P Retail goods establishment, plant and garden shop with outdoor retail sales area P P P P Retail service establishment P P P P Sales and display (outdoor) P P P P School: College or university P P P P Music conservatory P P P P Professional and vocational P P P P Seminary and religious institute P P P P Public or private P Seasonal farm stand P P P P Sign painting/fabrication (indoor) P Social service mission P Solar array P5 P5 P5 P5 Storage, self P6 Store, specialty P P P P Studio, art P P P P Studio, motion picture P Technology facility P5 P5 P5 P5 Theater, live performance P Theater, movie P P P P Urban farm P P P P P Utility, building or structure P P P P P Utility, transmission wire, line, pipe, or pole P P P P P Vehicle Automobile rental agency P Automobile repair major C Automobile repair minor P Vending cart, private property P P P P Warehouse P6 15 Welding shop (indoor) P Wholesale distribution C6 Wireless telecommunications facility P P P P Woodworking mill (indoor) P Qualifying provisions: 1. Subject to Section 21A.36.130 of this title. 2. Subject to Section 21A.36.030 of this title. 3. Must contain retail component for on-site food sales. 4. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 5. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 6. Only allowed on a ground floor when the use is located behind another permitted or conditional use that occupies the required ground floor use space. 7. Subject to parking location restrictions of Subsection 21A.27.050.D.3. 8. Subject to conformance with the provisions of section 21A.36.300, "Alcohol Related Establishments", of this title. SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.36.020.C. That Subsection 21A.36.020.C of the Salt Lake City Code (Zoning: General Provisions: Conformance With Lot and Bulk Controls: Height Exceptions) shall be, and hereby is amended to read and appear as follows: C. Height Exceptions: Exceptions to the maximum building height in all zoning districts are allowed as indicated in Table 21A.36.020.C of this subsection. TABLE 21A.36.020.C HEIGHT EXCEPTIONS Type Extent Above Maximum Building Height Allowed By the District Applicable Districts Chimney As required by local, State or Federal regulations All zoning districts Church steeples or spires No limit All zoning districts Elevator/stairway tower or bulkhead 16 feet All Commercial, Manufacturing, Downtown, FB-UN2, FB-UN3, RO, R- MU, RMF-45, RMF-75, RP, BP, I, UI, A, PL and PL-2 Districts 16 Note: 1. Lighting shall be shielded to eliminate excessive glare or light into adjacent properties and have cutoffs to protect the view of the night sky. SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.46.096. That Section 21A.46.096 of the Salt Lake City Code (Zoning: Signs: Sign Regulations for Form Based Districts) shall be, and hereby is amended to read and appear as follows: 21A.46.096: SIGN REGULATIONS FOR THE FORM BASED DISTRICT: The following regulations shall apply to signs permitted in the form based code zoning district. Any sign not expressly permitted by these district regulations is prohibited. A. Sign Regulations for the Form Based Code District: 1. Purpose: Sign regulations for the form based code zoning district are intended to provide appropriate signage oriented primarily to pedestrian and mass transit traffic. 2. Applicability: This subsection applies to all signs located within the form based code zoning district. This subsection is intended to list all permitted signs in the zone. All other regulations in this chapter shall apply. B. Sign Type, Size and Height Standards: 1. A-Frame Sign: Type Extent Above Maximum Building Height Allowed By the District Applicable Districts Flagpole Maximum height of the zoning district in which the flagpole is located or 60 feet, whichever is less. Conditional use approval is required for additional height All zoning districts Light poles for sport fields such as ballparks, stadiums, soccer fields, golf driving ranges, and similar uses1 Maximum height of the zoning district or 90 feet whichever is greater. Special exception approval is required for any further additional height or if the lights are located closer than 30 feet from adjacent residential structures All zoning districts that allow sport field activities and stadiums excluding parks less than 4 acres in size Mechanical equipment parapet wall 5 feet All zoning districts, other than the FP, FR-1, FR-2, FR-3, and Open Space Districts 17 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications A- frame sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Width Maximum of 2 feet. Any portion of the frame (the support structure) may extend up to 6 inches in any direction beyond the sign face. Height Maximum of 3 feet. Any portion of the frame (the support structure) may extend up to 6 inches in any direction beyond the sign face. Placement On public sidewalk or private property. Obstruction free area Minimum of 8 feet must be maintained at all times for pedestrian passage. 2. Awning or Canopy Sign: 18 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Awning or canopy sign P P P P P Quantity 1 per window or entrance. Width Equal to the width of the window. Projection No maximum depth from building facade, however design subject to mitigation of rainfall and snowfall runoff, conflict avoidance with tree canopy, and issuance of encroachment permits where required. The awning or canopy can project a maximum of 2 feet into a special purpose corridor. Clearance Minimum of 10 feet of vertical clearance. Letters and logos Allowed on vertical portions of sign only. Location permitted Private property or a public street. Signs can face a special purpose corridor but must be located on 19 private property. All signs are subject to the requirements of the revocable permitting process. 5. Construction Sign: Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Construction sign (see definition in this chapter) P P P P P Quantity 1 per construction site. Height Maximum of 8 feet. Maximum of 12 feet in FB-UN3. Area Maximum of 64 square feet. Location permitted Private property or a public street. Signs can face the special purpose corridor, but must be located on private property. 6. Flat Sign: 20 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Flat sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Width Maximum of 90% of width of leasable space. No maximum width in FB-UN3. Height Maximum of 3 feet. No maximum height in FB-UN3. Area 11/2 square feet per linear foot of store frontage. Projection Maximum of 1 foot. 7. Flat Sign (building orientation): Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Flat sign (building orientation) P Quantity 1 per building face. Height May not extend above the roof line or top of parapet wall. Area 11/2 square feet per linear foot of building frontage. 6. Marquee Sign: Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Marquee sign P Quantity 1 per building. Width Maximum of 90% of width of leasable space. Height May not extend above the roof of the building. Area 11/2 square feet per linear foot of building frontage. Projection Maximum of 6 feet. May project into right of way a maximum of 4 21 feet provided the sign is a minimum of 12 feet above the sidewalk grade. 7. Monument Sign: Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Monument sign P Quantity 1 per building. Setback 5 feet. Height Maximum of 20 feet. Area 1 square feet per linear foot of building frontage. 8. Nameplate Sign: Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications 22 9. New Development Sign: Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications New Development sign P Quantity 1 per street frontage. Setback 5 feet. Height 12 feet. Area 200 square feet. 10. Private Directional Sign: Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Private directional sign (see definition in this chapter) P P P P P Quantity No limit. Height Maximum of 5 feet. Area Maximum of 8 square feet. Restriction May not contain business name or logo. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 11. Projecting Sign: Nameplate sign P P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Area Maximum of 3 square feet. 23 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Projecting sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Clearance Minimum of 10 feet above sidewalk/walkway. Area 6 square feet per side, 12 square feet total. Projection Maximum of 4 feet from building façade. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 12. Projecting Parking Entry Sign: 24 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Projecting parking entry sign (see projecting sign graphic) P P P Quantity 1 per parking entry. Clearance Minimum of 10 feet above sidewalk/walkway. Height Maximum of 2 feet. Area 4 square feet per side, 8 square feet total. Projection Maximum of 4 feet from building facade for public and private streets. Maximum of 2 feet within the special purpose corridor. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 13. Public Safety Sign: Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Public safety sign (see definition in this chapter) P P P P P Quantity No limit. Height Maximum of 6 feet. Area 8 square feet. Projection Maximum of 1 foot. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 14. Real Estate Sign: 25 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Real estate sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Height Maximum of 12 feet. Area 32 square feet. 64 square feet in FB-UN3. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 15. Window Sign: 26 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Window sign P P P P Quantity 1 per window. Height Maximum of 3 feet. Area Maximum of 25% of window area. SECTION 6. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER 27 Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance adopting FB UN3 zoning (final) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney April 19, 2023 1 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2023 2 3 (An ordinance amending the text of Title 21A of the Salt Lake City Code 4 to create the FB-UN3 Form Based Urban Neighborhood 3 Subdistrict) 5 6 An ordinance amending the text of Title 21A of the Salt Lake City Code to create the FB-7 UN3 Form Based Urban Neighborhood 3 Subdistrict pursuant to Petition No. PLNPCM2019-8 00277. 9 WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 10 11, 2019 to consider a petition by former Salt Lake City Mayor Jacqueline Biskupski to amend 11 various provisions of Title 21A of the Salt Lake City Code to create the FB-UN3 Form Based 12 Urban Neighborhood 3 Subdistrict, to establish regulations for that subdistrict, and to apply the 13 FB-UN3 Form Based Urban Neighborhood 3 Subdistrict to the “fleet block” property located 14 between 800 South and 900 South Streets and 300 West and 400 West Streets pursuant to 15 Petition No. PLNPCM2019-00277; and 16 WHEREAS, at its December 11, 2019 meeting, the planning commission voted in favor 17 of transmitting a positive recommendation to the Salt Lake City Council on said petition; and 18 WHEREAS, after a public hearing on this matter the city council has determined that 19 adopting this ordinance is in the city’s best interests. 20 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 21 SECTION 1. Amending the text of Salt Lake City Code Subsection 21A.27.030.C. 22 (Void if Building Heights in the Downtown Plan Area Ordinance Adopted). That, if amendments 23 to Subsection 21A.27.030.C of the Salt Lake City Code (Zoning: Form Based Districts: Building 24 Configuration and Design Standards) pursuant to Petition No. PLNPCM2022-00529 are not 25 2 LEGISLATIVE DRAFT adopted by the date of the City Council adopting this ordinance then that subsection shall be, and 26 hereby is amended as follows (if adopted then this Section 1 is void): 27 a. That the first paragraph of Subsection 21A.27.030.C is amended to read as follows: 28 21A.27.030.C. Application Oof Building Configuration Standards: Building 29 configuration standards apply to all new buildings and additions when the new 30 construction related to the addition is greater than twenty five percent (25%) of the 31 footprint of the structure or one thousand (1,000) square feet, whichever is less. The 32 graphics included provide a visual representation of the standards as a guide and are 33 not meant to supersede the standards in the tables. This standard applies to all Fform-34 Bbased Zzoning Dsubdistricts unless otherwise indicated. The standards in this 35 section may be modified through the design review process, subject to the 36 requirements of Chapter 21A.59 of this title. The requirements set forth in 37 Subsections C.8 “Open Space Area” and C.12 “Permitted Encroachments And Height 38 Exceptions” of this Subsection 21A.27.030.C may not be modified through design 39 review. 40 41 b. That Subsection 21A.27.030.C.7 is amended to read as follows: 42 7. Building Materials: A minimum of seventy percent (70%) of any street facing 43 building facade shall be clad in high quality, durable, natural materials, such as 44 stone, brick, wood lap siding, patterned or textured concrete, fiber cement board 45 siding, shingled or panel sided, and glass. Material not specifically listed may be 46 approved at the discretion of the planning director if it is found that the proposed 47 material is of similar durability and quality to the listed materials. If approved, 48 such material can count toward the seventy percent (70%) requirement. Other 49 materials may count up to thirty percent (30%) of the street facing building 50 facade. Exterior insulation and finishing systems (EIFS) is permitted for trim 51 only. 52 53 c. That Subsection 21A.27.030.C.8 is amended to read as follows: 54 55 8. Open Space Area: A minimum of ten percent (10%) of the lot area shall be 56 provided for open space area, unless a different requirement is specified in the 57 applicable form based zoning subdistrict for the applicable building form. Open 58 space area may include landscaped yards, patio, dining areas, common balconies, 59 rooftop gardens, and other similar outdoor living spaces. Private balconies shall 60 not be counted toward the minimum open space area requirement. Required 61 parking lot landscaping or perimeter parking lot landscaping shall also not count 62 toward the minimum open space area requirement. 63 64 3 LEGISLATIVE DRAFT SECTION 2. Amending the text of Salt Lake City Code Section 21A.27.050. That 65 Section 21A.27.050 of the Salt Lake City Code (Zoning: Form Based Subdistricts: FB-UN1 and 66 FB-UN2 Form Based Urban Neighborhood District) shall be, and hereby is amended as follows: 67 a. That the title of Section 21A.27.050 is amended to read as follows: 68 69 21A.27.050: FB-UN1, AND FB-UN2, AND FB-UN3 FORM BASED URBAN 70 NEIGHBORHOOD SUBDISTRICTS: 71 72 b. That Subsection 21A.27.050.A.1 is amended to read as follows: 73 74 A. Subdistricts: 75 76 1. Named: The following subdistricts can be found in the urban neighborhood form 77 based district: 78 79 a. FB-UN1 uUrban nNeighborhood 1 sSubdistrict: Generally includes small 80 scale structures, up to two and one-half (2.5) stories in height, on relatively 81 small lots with up to four (4) dwelling units per lot depending on building 82 type. Reuse of existing residential structures is encouraged. Development 83 regulations are based on the building type. 84 85 b. FB-UN2 uUrban nNeighborhood 2 sSubdistrict: Generally includes buildings 86 up to four (4) stories in height, with taller buildings located on street corner 87 parcels, which may contain a single use or a mix of commercial, office, and 88 residential uses. Development regulations are based on building type, with the 89 overall scale, form, and orientation of buildings as the primary focus. 90 91 c. FB-UN3 Urban Neighborhood 3 Subdistrict: Generally includes buildings up 92 to eight (8) stories in height, with taller buildings allowed through the design 93 review process. Development regulations are based on types of buildings and 94 differ between building types as indicated. The subdistrict contains a mix of 95 uses that include commercial, technical, light industrial, high density 96 residential, and other supportive land uses. 97 98 c. [Note to codifier: use this Section 21A.27.050.D. if Building Heights in the Downtown 99 Plan Area Ordinance is not yet adopted as of the date of this ordinance pursuant to 100 Petition No. PLNPCM2022-00529] That Section 21A.27.050 is amended to adopt a new 101 Subsection 21A.27.050.D: 102 103 21A.27.050.D. FB-UN3 Building Form Standards: 104 Building form standards for each allowed building form and other associated regulations 105 for the FB-UN3 subdistrict are listed in the below tables of this section. 106 107 4 LEGISLATIVE DRAFT 1. Row House Building Form Standards: 108 109 TABLE 21A.27.050.D.1 110 Building Regulation Regulation for Building Form: Row House H Height Maximum of 40’. All heights measured from established grade. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. F Front and Corner Side Yard Setback Minimum 5’. Maximum 10’, unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through the design review process (Chapter 21A.59). S Interior Side Yard Minimum of 5’ between row house building form and side property line, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. No setback required for common walls. R Rear Yard Minimum of 5’ between row house building form and rear property line, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. U Uses Per Story Residential on all stories; live/work units permitted on ground level. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South must be occupied by a live/work space at least 25’ in depth. Dimensions may be modified through the design review process (Chapter 21A.59). E Entry Feature Each dwelling unit must include an allowed entry feature. See Table 21A.27.030B for allowed entry features. Dwelling units adjacent to a street must include an entry feature on street facing façade. Pedestrian connections with minimum 5’ width are required for each required entry feature. U Upper Level Step Back When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building façade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. OS Open Space Area Each dwelling unit shall include a minimum open space area that is equal to at least 25% of the footprint of the individual unit, subject to all other open space area requirements of Subsection 21A.27.030.C.8 “Open Space Area.” A minimum of 20% of the required open space area shall include vegetation. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. SO Side/Interior Orientation Dwelling units not located directly adjacent to a street are permitted, provided the building configuration standards for glass and ground floor transparency are complied with on the façade with the required entry feature. Lots for individual row house dwelling units without public street frontage are allowed subject to recording a final subdivision plat that: 5 LEGISLATIVE DRAFT 2. Multi-Family Residential, Storefront, and Vertical Mixed-Use Building Form 111 Standards: 112 113 TABLE 21A.27.050.D.2 114 1. Documents that new lots have adequate access to a public street by way of easements or a shared driveway; and 2. Includes a disclosure of private infrastructure costs for any shared infrastructure associated with the new lot(s) per Section 21A.55.110 of this title. MW Mid-block Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. DS Design Standards See Section 21A.27.030 for other applicable building configuration and design standards. Building Regulation Regulation for Building Forms: Multi-family Residential/Storefront/Vertical Mixed Use H Height Maximum height of 125’. All heights measured from established grade. Buildings in excess of 85’ require design review in accordance with Chapter 21A.59. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. GH Ground Floor Height Minimum ground floor height 14’. F Front and Corner Side Yard Setback No minimum is required; however, doors are prohibited from opening into the public right of way. Maximum 10’ unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through the design review process (Chapter 21A.59). B Required Build-To Minimum of 50% of street facing facade shall be built within 5’ of the front or corner side property line. May be modified through the design review process (Chapter 21A.59). S Interior Side Yard No minimum required, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10 ’ in width that separates a subject property from a different zoning district shall not be considered adjacent. R Rear Yard No minimum required, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10 ’ in width that separates a subject property from a different zoning district shall not be considered adjacent. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South shall be limited to the following uses: retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters, or performing art facilities. E Ground Floor Dwelling Entrances Ground floor dwelling units adjacent to a street must have an allowed entry feature. See Table 21A.27.030B for allowed entry features. Pedestrian connections, as per Subsection 21A.27.030.C.5, are required for each required entry feature. 6 LEGISLATIVE DRAFT 115 3. Parking Regulations: Specific parking standards applicable to the FB-UN3 subdistrict 116 are listed below in Table 21A.27.050.D.3 of this section. These are in addition to any 117 other applicable parking standards in Title 21A. 118 119 TABLE 21A.27.050.D.3 120 U Upper Level Step Back When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building facade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley . MW Mid-block Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. OS Open Space Vegetation A minimum of 20% of the required open space area shall include vegetation. LB Loading Bay Maximum of one (1) loading bay on a front façade per street face, subject to all dimensional requirements in Section 21A.44.070. Loading bay entry width limited to 14’ and must be screened by garage door. One loading bay driveway is allowed in addition to any other driveway allowances. DS Design Standards See Section 21A.27.030 for other applicable building configuration and design standards. Parking Regulation Applicability: Applies to all properties in the zone SP Surface Parking Location Surface parking shall be located behind or to the side of a principal building provided: 1. The parking is set back a minimum of 25’ from the front or corner side property line; and 2. The setback area shall be considered a landscaped yard and comply with the landscape yard planting requirements in Chapter 21A.46 and include: a. Trees with a minimum mature spread of 20 ’ planted at one tree for every 20’ of street frontage; and b. A 3’ tall solid wall or fence at the property line along the street. A hedge or other similar landscaped screen may be used in place of a wall or fence provided the plants are spaced no further than 18 inches on center across the entire frontage. GE Garage Entrances Street facing parking garage entrance doors shall have a minimum 20’ setback from the front property line and shall not exceed 50% of the first floor building width. One-way garage entry may not exceed 14’ in width; multiway garage entry may not exceed 26’ in width. VA Vehicle Access One (1) driveway is allowed per street frontage. Driveways required to meet fire code are exempt from this limitation. LS Loading and Service Areas Allowed behind or to the side of a principal building only, except where specifically allowed by the applicable form based zoning subdistrict for the applicable building form . All service areas shall be screened or located within the building. EB Existing Buildings The reuse of existing buildings is exempt from the requirements of this table unless new parking area(s) are being added. New parking areas are subject to compliance with this section. 7 LEGISLATIVE DRAFT 121 4. Streetscape Regulations: Specific streetscape regulations applicable to the FB-UN3 122 subdistrict are listed below in Table 21A.27.050.D.4 of this section. These regulations 123 are in addition to any other applicable streetscape standards in Title 21A. 124 125 TABLE 21A.27.050.D.4 126 127 5. Uses Not Associated with Building Form: Allowed uses that do not involve 128 construction of a building, such as parks and open space, are not required to comply 129 with any specific building form regulation. 130 131 c. [Note to codifier: use this Section 21A.27.050.D. if Building Heights in the Downtown 132 Plan Area Ordinance is adopted as of the date of this ordinance pursuant to Petition No. 133 PLNPCM2022-00529] That Section 21A.27.050 is amended to adopt a new Subsection 134 21A.27.050.D: 135 136 21A.27.050.D. FB-UN3 Building Form Standards: 137 Building form standards for each allowed building form and other associated regulations 138 for the FB-UN3 subdistrict are listed in the below tables of this section. 139 140 1. Row House Building Form Standards: 141 142 TABLE 21A.27.050.D.1 143 Streetscape Regulation Applicability: Applies to all properties in the zone ST Street Trees Street trees are required and shall be provided as per Subsection 21A.48.060.D. SW Sidewalk Width Sidewalks shall have a minimum width of 8 ’. This standard does not require removal of existing street trees, existing buildings, or portions thereof. For purposes of this section, sidewalk width is measured from the back of the park strip or required street tree if no park strip is provided, toward the adjacent property line. SL Street Lights Street lights are required and shall be installed in compliance with the city’s Street Lighting Master Plan and Policy or its successor. Building Regulation Regulation for Building Form: Row House H Height Maximum of 40’. All heights measured from established grade. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. F Front and Corner Side Yard Setback Minimum 5’. Maximum 10’, unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through Design Review (Chapter 21A.59). S Interior Side Yard Minimum of 5’ between row house building form and side property line, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, 8 LEGISLATIVE DRAFT 144 2. Multi-Family Residential, Storefront, and Vertical Mixed-Use Building Form 145 Standards: 146 147 TABLE 21A.27.050.D.2 148 an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. No setback required for common walls. R Rear Yard Minimum of 5’ between row house building form and rear property line, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. U Uses Per Story Residential on all stories; live/work units permitted on ground level. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South must be occupied by a live/work space at least 25’ in depth. Dimensions may be modified through Design Review (Chapter 21A.59). E Entry Feature Each dwelling unit must include an allowed entry feature. See Table 21A.27.030B for allowed entry features. Dwelling units adjacent to a street must include an entry feature on street facing façade. Pedestrian connections, as per Subsection 21A.27.030.C.5, with minimum 5’ width are required for each required entry feature. U Upper Level Stepback When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building façade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. OS Open Space Area Each dwelling unit shall include a minimum open space area that is equal to at least 25% of the footprint of the individual unit, subject to all other open space area requirements of Subsection 21A.27.030.C.1 “Open Space Area.” A minimum of 20% of the required open space area shall include vegetation. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. SO Side/Interior Orientation Dwelling units not located directly adjacent to a street are permitted, provided the design standards for glass are complied with on the façade with the required entry feature. Lots for individual row house dwelling units without public street frontage are allowed subject to recording a final subdivision plat that: 1. Documents that new lots have adequate access to a public street by way of easements or a shared driveway; and 2. Includes a disclosure of private infrastructure costs for any shared infras tructure associated with the new lot(s) per Section 21A.55.110 of this title. MW Midblock Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. DS Design Standards See Section 21A.27.030 and Chapter 21A.37 for other applicable building configuration and design standards. 9 LEGISLATIVE DRAFT 149 Building Regulation Regulation for Building Forms: Multi-family Residential/Storefront/Vertical Mixed Use H Height Maximum height of 125’. All heights measured from established grade. Buildings in excess of 85’ require design review in accordance with Chapter 21A.59. Rooftop decks and associated railing/parapet are allowed on any roof, including roofs at the maximum allowed height. GH Ground Floor Height Minimum ground floor height 14’. F Front and Corner Side Yard Setback No minimum is required; however, doors are prohibited from opening into the public right of way. Maximum 10’ unless a greater setback is required due to existing utility easements in which case the maximum setback shall be at the edge of the easement. May be modified through Design Review process (Chapter 21A.59). B Required Build-To Minimum of 50% of street facing facade shall be built within 5’ of the front or corner side property line. May be modified through Design Review process (Chapter 21A.59). S Interior Side Yard No minimum required, except when an interior side yard is adjacent to a zoning district that has a maximum permitted building height of 30’ or less, then the minimum shall be 10’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. R Rear Yard No minimum required, except when rear yard is adjacent to a zoning district with a maximum permitted building height of 30’ or less, then the minimum is 20’. For the purpose of this regulation, an alley that is a minimum of 10’ in width that separates a subject property from a different zoning district shall not be considered adjacent. GU Ground Floor Use on 900 South The required ground floor use space facing 900 South shall be limited to the following uses: retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/brewpubs, bar establishments, art galleries, theaters, or performing art facilities. E Ground Floor Dwelling Entrances Ground floor dwelling units adjacent to a street must have an allowed entry feature. See Table 21A.27.030B for allowed entry features. Pedestrian connections, as per Subsection 21A.27.030.C.5, are required to each required entry feature. U Upper Level Stepback When adjacent to a lot in a zoning district with a maximum building height of 30’ or less, the first full floor of the building above 30’ shall step back 10’ from the building facade at finished grade along the side or rear yard that is adjacent to the lot in the applicable zoning district. This regulation does not apply when a lot in a different zoning district is separated from the subject parcel by a street or alley. MW Midblock Walkway If a midblock walkway is shown in an adopted city plan on the subject property, a midblock walkway shall be provided. The midblock walkway must be a minimum of 10’ wide and include a minimum 6’ wide unobstructed path. BF Building Forms Per Lot Multiple buildings may be built on a single lot provided all of the buildings have frontage on a street. All buildings shall comply with all applicable standards. OS Open Space Vegetation A minimum of 20% of the required open space area shall include vegetation. 10 LEGISLATIVE DRAFT 150 151 3. Parking Regulations: Specific parking standards applicable to the FB-UN3 subdistrict 152 are listed below in Table 21A.27.050.D.3 of this section. These are in addition to any 153 other applicable parking standards in Title 21A. 154 155 TABLE 21A.27.050.D.3 156 157 4. Streetscape Regulations: Specific streetscape regulations applicable to the FB-UN3 158 subdistrict are listed below in Table 21A.27.050.D.4 of this section. These regulations 159 are in addition to any other applicable streetscape standards in Title 21A. 160 161 TABLE 21A.27.050.D.4 162 LB Loading Bay Maximum of one (1) loading bay on a front façade per street face, subject to all dimensional requirements in Section 21A.44.070. Loading bay entry width limited to 14’ and must be screened by garage door. One loading bay driveway is allowed in addition to any other driveway allowances. DS Design Standards See Section 21A.27.030 and Chapter 21A.37 for other applicable building configuration and design standards. Parking Regulation Applicability: Applies to all properties in the zone SP Surface Parking Location Surface parking shall be located behind or to the side of a principal building provided: 3. The parking is set back a minimum of 25’ from the front or corner side property line; and 4. The setback area shall be considered a landscaped yard and comply with the landscape yard planting requirements in Chapter 21A.46 and include: a. Trees with a minimum mature spread of 20 ’ planted at one tree for every 20’ of street frontage; and b. A 3’ tall solid wall or fence at the property line along the street. A hedge or other similar landscaped screen may be used in place of a wall or fence provided the plants are spaced no further than 18 inches on center across the entire frontage. GE Garage Entrances Street facing parking garage entrance doors shall have a minimum 20’ setback from the front property line and shall not exceed 50% of the first floor building width. One-way garage entry may not exceed 14’ in width; multiway garage entry may not exceed 26’ in width. VA Vehicle Access One (1) driveway is allowed per street frontage. Driveways required to meet fire code are exempt from this limitation. LS Loading and Service Areas Allowed behind or to the side of a principal building only, except where specifically allowed by the applicable form based zoning subdistrict for the applicable building form . All service areas shall be screened or located within the building. EB Existing Buildings The reuse of existing buildings is exempt from the requirements of this table unless new parking area(s) are being added. New parking areas are subject to compliance with this section. Streetscape Regulation Applicability: Applies to all properties in the zone ST Street Trees Street trees are required and shall be provided as per Subsection 21A.48.060.D. 11 LEGISLATIVE DRAFT 163 5. Uses Not Associated with Building Form: Allowed uses that do not involve 164 construction of a building, such as parks and open space, are not required to comply 165 with any specific building form regulation. 166 167 SECTION 3. Amending the text of Salt Lake City Code Section 21A.33.080. That 168 Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted 169 and Conditional Uses In Form Based Districts) shall be, and hereby is amended to read and 170 appear as follows: 171 21A.33.080: TABLE OF PERMITTED AND CONDITIONAL USES IN FORM 172 BASED DISTRICTS: 173 174 Note: Uses which are not listed in the following table are not permitted in any Fform Bbased 175 Ccode Zzoning Ddistrict. 176 177 Legend: C= Conditional P= Permitted 178 Legend: P = Permitted C = Conditional 179 Use Permitted Uses By District FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Accessory use, except those that are specifically regulated in this chapter, or elsewhere in this title P P P P P Adaptive reuse of a landmark building P Alcohol: Bar establishment P8 P8 P8 C8 Brewpub P8 P8 P8 C8 Distillery P5 Tavern P8 Tavern, 2,500 square feet or less in floor area P8 P8 P8 C8 Winery P5 Amphitheater, formal P Amphitheater, informal P Amusement park P SW Sidewalk Width Sidewalks shall have a minimum width of 8 ’. This standard does not require removal of existing street trees, existing buildings, or portions thereof. For purposes of this section, sidewalk width is measured from the back of the park strip or required street tree if no park strip is provided, toward the adjacent property line. SL Street Lights Street lights are required and shall be installed in compliance with the city’s Street Lighting Master Plan and Policy or its successor. 12 LEGISLATIVE DRAFT Animal Cremation service P Kennel (Indoor) P Kennel (Outdoor) C Veterinary office P P P P Animal, veterinary office P P P Antenna, communication tower P P P P Art gallery P P P P Artisan food production P3,5 P3,5 P3,5 P3,5 Artists loft/studio P Auction (indoor) P Auditorium P Bed and breakfast P P P P P Bed and breakfast inn P P P P P Bed and breakfast manor P P P P P Bio-medical facility P4,5 P4,5 P4,5 Blacksmith shop (indoor) P Blood donation center P Botanical garden P Brewery P5 Brewery, small P5 Bus line station/terminal C Car wash C Charity dining hall P Clinic (medical, dental) P P P P Commercial food preparation P5 P5 P5 P5 Community garden P P P P P Community recreation center P P P P Convent/monastery P Convention center P Crematorium P Daycare center, adult P P P P center, child P P P P nonregistered home daycare P1 P1 P1 P1 P1 registered home daycare or preschool P1 P1 P1 P1 P1 Dwelling: Accessory guest and servants’ quarters P Assisted living facility (large) P Assisted living facility (limited capacity) P P P P P Assisted living facility (small) P P P P Congregate Care Facility (Large) C C C C Congregate Care Facility (Small) C P Group home (large) P P P P 13 LEGISLATIVE DRAFT Group home (small) when located above or below first story office, retail, or commercial use, or on the first story where the unit is not located adjacent to street frontage P P P P Living quarters for caretaker or security guard P Multi-family P P P P Residential support (large) P P Residential support (small) P P Rooming (boarding) house P P Single-family attached P P P P Single-family detached P Single-family detached (cottage development building form only) P P Single room occupancy P P Two-family P Emergency medical services facility P Equipment rental (indoor) P Exhibition hall P Farmers’ market P P P P Financial institution P P P Flea market (indoor) P Funeral home P P P P Gas station C Government facility P P P P P Greenhouse P Health and fitness facility P P P P Home occupation P2 P2 P2 P2 P2 Hospital P Hotel/motel P P P House museum in landmark site P P P P P Industrial assembly (indoor) P Intermodal transit passenger hub P Laboratory, medical related P5 P5 P5 P5 Library P P P P Manufacturing, light (indoor) P Meeting hall of membership organization P Mixed use developments including residential and other uses allowed in the zoning district P P P P Mobile food business P Mobile food court P Mobile food trailer P Mobile food truck P Municipal service uses, including city utility uses and police and fire stations P P P P P Museum P P P P 14 LEGISLATIVE DRAFT Nursing care facility P P P P Office P P P P Office and/or reception center in landmark site P P P P Open space P P P P P Park P P P P P Parking, commercial C7 Parking facility, shared P7 Parking garage P Parking, off site P P P7 P P Parking, park and ride lot shared with existing use P7 Performing arts production facility P Photo finishing lab P5 P5 P5 Place of worship P P P P Plazas P P P P P Radio, television station P Railroad passenger station P Reception center P Recreation (indoor) P P P P Recreation (outdoor) P Research and development facility P5 P5 P5 P5 Restaurant P P P P Retail goods establishment P P P P Retail goods establishment, plant and garden shop with outdoor retail sales area P P P P Retail service establishment P P P P Sales and display (outdoor) P P P P School: College or university P P P P Music conservatory P P P P Professional and vocational P P P P Seminary and religious institute P P P P Public or private P Seasonal farm stand P P P P Sign painting/fabrication (indoor) P Social service mission P Solar array P5 P5 P5 P5 Storage, self P6 Store, specialty P P P P Studio, art P P P P Studio, motion picture P Technology facility P5 P5 P5 P5 Theater, live performance P Theater, movie P P P P Urban farm P P P P P Utility, building or structure P P P P P 15 LEGISLATIVE DRAFT Utility, transmission wire, line, pipe, or pole P P P P P Vehicle Automobile rental agency P Automobile repair major C Automobile repair minor P Vending cart, private property P P P P Warehouse P6 Welding shop (indoor) P Wholesale distribution C6 Wireless telecommunications facility P P P P Woodworking mill (indoor) P 180 Qualifying provisions: 181 1. Subject to sSection 21A.36.130 of this title. 182 2. Subject to sSection 21A.36.030 of this title. 183 3. Must contain retail component for on-site food sales. 184 4. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or 185 radioactive waste as defined by the Utah Department of Environmental Quality 186 administrative rules. 187 5. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 188 6. Only allowed on a ground floor when the use is located behind another permitted or 189 conditional use that occupies the required ground floor use space. 190 7. Subject to parking location restrictions of Subsection 21A.27.050.D.3. 191 8. Subject to conformance with the provisions of section 21A.36.300, "Alcohol Related 192 Establishments", of this title. 193 194 SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.36.020.C. That 195 Subsection 21A.36.020.C of the Salt Lake City Code (Zoning: General Provisions: Conformance 196 With Lot and Bulk Controls: Height Exceptions) shall be, and hereby is amended to read and 197 appear as follows: 198 C. Height Exceptions: Exceptions to the maximum building height in all zoning districts are 199 allowed as indicated in tTable 21A.36.020.C of this subsection. 200 201 TABLE 21A.36.020.C 202 HEIGHT EXCEPTIONS 203 Type Extent Above Maximum Building Height Allowed By Tthe District Applicable Districts Chimney As required by local, State or Federal regulations All zoning districts 16 LEGISLATIVE DRAFT Note: 204 1. Lighting shall be shielded to eliminate excessive glare or light into adjacent properties 205 and have cutoffs to protect the view of the night sky. 206 207 208 SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.46.096. That 209 Section 21A.46.096 of the Salt Lake City Code (Zoning: Signs: Sign Regulations for Form Based 210 Districts) shall be, and hereby is amended to read and appear as follows: 211 21A.46.096: SIGN REGULATIONS FOR THE FORM BASED DISTRICTS: 212 213 The following regulations shall apply to signs permitted in the form based code zoning 214 districts. Any sign not expressly permitted by these district regulations is prohibited. 215 216 A. Sign Regulations Ffor Tthe Form Based Code Districts: 217 1. Purpose: Sign regulations for the form based code zoning districts are intended to 218 provide appropriate signage oriented primarily to pedestrian and mass transit traffic. 219 Type Extent Above Maximum Building Height Allowed By Tthe District Applicable Districts Church steeples or spires No limit All zoning districts Elevator/stairway tower or bulkhead 16 feet All Commercial, Manufacturing, Downtown, FB-UN2, FB-UN3, RO, R- MU, RMF-45, RMF-75, RP, BP, I, UI, A, PL and PL-2 Districts Flagpole Maximum height of the zoning district in which the flagpole is located or 60 feet, whichever is less. Conditional use approval is required for additional height All zoning districts Light poles for sport fields such as ballparks, stadiums, soccer fields, golf driving ranges, and similar uses1 Maximum height of the zoning district or 90 feet whichever is greater. Special exception approval is required for any further additional height or if the lights are located closer than 30 feet from adjacent residential structures All zoning districts that allow sport field activities and stadiums excluding parks less than 4 acres in size Mechanical equipment parapet wall 5 feet All zoning districts, other than the FP, FR-1, FR-2, FR-3, and Open Space Districts 17 LEGISLATIVE DRAFT 2. Applicability: This subsection applies to all signs located within the form based code 220 zoning districts. This subsection is intended to list all permitted signs in the zone. All 221 other regulations in this chapter shall apply. 222 B. Sign Type, Size Aand Height Standards: 223 1. A-Frame Sign: 224 225 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications A- frame sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Width Maximum of 2 feet. Any portion of the frame (the support structure) may extend up to 6 inches in any direction beyond the sign face. Height Maximum of 3 feet. Any portion of the frame (the support structure) may extend up to 6 inches in any direction beyond the sign face. Placement On public sidewalk or private property. 18 LEGISLATIVE DRAFT Obstruction free area Minimum of 8 feet must be maintained at all times for pedestrian passage. 226 2. Awning Oor Canopy Sign: 227 228 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Awning or canopy sign P P P P P Quantity 1 per window or entrance. Width Equal to the width of the window. Projection No maximum depth from building facade, however design subject to mitigation of rainfall and snowfall runoff, conflict avoidance with tree canopy, and issuance of encroachment permits where required. The awning or canopy can project a maximum of 2 feet into a special purpose corridor. Clearance Minimum of 10 feet of vertical clearance. 19 LEGISLATIVE DRAFT Letters and logos Allowed on vertical portions of sign only. Location permitted Private property or a public street. Signs can face a special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 229 5. Construction Sign: 230 231 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Construction sign (see definition in this chapter) P P P P P Quantity 1 per construction site. Height Maximum of 8 feet. Maximum of 12 feet in FB-UN3. Area Maximum of 64 square feet. Location permitted Private property or a public street. Signs can face the special purpose corridor, but must be located on private property. 232 6. Flat Sign: 233 20 LEGISLATIVE DRAFT 234 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Flat sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Width Maximum of 90% of width of leasable space. No maximum width in FB-UN3. Height Maximum of 3 feet. No maximum height in FB-UN3. Area 11/2 square feet per linear foot of store frontage. Projection Maximum of 1 foot. 235 7. Flat Sign (building orientation): 236 237 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Flat sign (building orientation) P Quantity 1 per building face. Height May not extend above the roof line or top of parapet wall. 21 LEGISLATIVE DRAFT Area 11/2 square feet per linear foot of building frontage. 238 6. Marquee Sign: 239 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Marquee sign P Quantity 1 per building. Width Maximum of 90% of width of leasable space. Height May not extend above the roof of the building. Area 11/2 square feet per linear foot of building frontage. Projection Maximum of 6 feet. May project into right of way a maximum of 4 feet provided the sign is a minimum of 12 feet above the sidewalk grade. 240 7. Monument Sign: 241 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Monument sign P Quantity 1 per building. Setback 5 feet. Height Maximum of 20 feet. Area 1 square feet per linear foot of building frontage. 242 58. Nameplate Sign: 243 22 LEGISLATIVE DRAFT 244 245 246 9. New Development Sign: 247 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications New Development sign P Quantity 1 per street frontage. Setback 5 feet. Height 12 feet. Area 200 square feet. 248 610. Private Directional Sign: 249 250 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Nameplate sign P P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Area Maximum of 3 square feet. 23 LEGISLATIVE DRAFT Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Private directional sign (see definition in this chapter) P P P P P Quantity No limit. Height Maximum of 5 feet. Area Maximum of 8 square feet. Restriction May not contain business name or logo. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 251 711. Projecting Sign: 252 253 254 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Projecting sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. 24 LEGISLATIVE DRAFT Clearance Minimum of 10 feet above sidewalk/walkway. Area 6 square feet per side, 12 square feet total. Projection Maximum of 4 feet from building façade. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 255 812. Projecting Parking Entry Sign: 256 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Projecting parking entry sign (see projecting sign graphic) P P P Quantity 1 per parking entry. Clearance Minimum of 10 feet above sidewalk/walkway. Height Maximum of 2 feet. Area 4 square feet per side, 8 square feet total. Projection Maximum of 4 feet from building facade for public and private streets. Maximum of 2 feet within the special purpose corridor. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 257 913. Public Safety Sign: 258 25 LEGISLATIVE DRAFT Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Public safety sign (see definition in this chapter) P P P P P Quantity No limit. Height Maximum of 6 feet. Area 8 square feet. Projection Maximum of 1 foot. Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 259 104. Real Estate Sign: 260 261 262 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Real estate sign P P P P Quantity 1 per leasable space. Leasable spaces on corners may have 2. Height Maximum of 12 feet. Area 32 square feet. 64 square feet in FB-UN3. 26 LEGISLATIVE DRAFT Location permitted Private property or public street. Signs can face the special purpose corridor but must be located on private property. All signs are subject to the requirements of the revocable permitting process. 263 115. Window Sign: 264 265 266 Sign Type FB- UN1 FB- UN2 FB- UN3 FB- SC FB- SE Specifications Window sign P P P P Quantity 1 per window. Height Maximum of 3 feet. Area Maximum of 25% of window area. 267 268 SECTION 6. Effective Date. This Ordinance shall become effective on the date of its 269 first publication. 270 271 27 LEGISLATIVE DRAFT Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 272 2023. 273 ______________________________ 274 CHAIRPERSON 275 ATTEST AND COUNTERSIGN: 276 277 ______________________________ 278 CITY RECORDER 279 280 Transmitted to Mayor on _______________________. 281 282 283 Mayor’s Action: _______Approved. _______Vetoed. 284 285 ______________________________ 286 MAYOR 287 ______________________________ 288 CITY RECORDER 289 (SEAL) 290 291 Bill No. ________ of 2023. 292 Published: ______________. 293 294 Ordinance adopting FB UN3 zoning (legislative) 295 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney 1 SALT LAKE CITY ORDINANCE No. _____ of 2023 (An ordinance amending the zoning map to apply the FB-UN3 Form Based Urban Neighborhood 3 District to the “fleet block” property located between 800 South and 900 South Streets and 300 West and 400 West Streets) An ordinance amending the zoning map to apply the FB-UN3 Form Based Urban Neighborhood 3 Subdistrict to the “fleet block” property located between 800 South and 900 South Streets and 300 West and 400 West Streets pursuant to Petition No. PLNPCM2019-00277. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on December 11, 2019 to consider a petition by former Salt Lake City Mayor Jacqueline Biskupski to amend various provisions of Title 21A of the Salt Lake City Code to create the FB-UN3 Form Based Urban Neighborhood 3 Subdistrict, to establish regulations for that subdistrict, and to apply the FB-UN3 Form Based Urban Neighborhood 3 Subdistrict to the “fleet block” property located between 800 South and 900 South Streets and 300 West and 400 West Streets pursuant to Petition No. PLNPCM2019-00277); and WHEREAS, at its December 11, 2019 meeting, the Planning Commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said petition; and WHEREAS, after a public hearing on this matter the city council has determined 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 Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to apply the FB-UN3 Form Based Urban Neighborhood 3 Subdistrict to the 2 “fleet block” property located between 800 South and 900 South Streets and 300 West and 400 West Streets (Tax ID Nos. 15-12-251-001-0000, 15-12-177-007-0000), and as more particularly described on Exhibit “A” attached hereto. SECTION 7. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance adopting FB UN3 zoning map amendment APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney March 23, 2023 3 EXHIBIT “A” Legal Description and Map of Property Subject to Zoning Map Amendment: All of Block 7, Plat A, Salt Lake City Survey Parcel Tax ID Nos. 15-12-251-001-0000 15-12-177-007-0000 ERIN MENDENHALL Mayor RACHEL Ono, CHIEF OF STAFF CITY COUNCIL TRANSMITTAL DATE RECEIVED: ____ _ KATHERINE LEWIS Office of the City Attorney DATE SENT TO COUNCIL:----- TO: Salt Lake City Council Darin Mano, Chair DATE: _____ _ FROM: C l em~ke City Justice Court -Presiding Judge ~ (signature) SUBJECT: Recertification of the Salt Lake City Justice Court STAFF CONTACTS: DOCUMENT TYPE: Resolution Clemens Landau -Presiding Judge, clemons.landau@slcgov.com Curtis Preece -Court Administrator, Cu1ii s.preece@ lcg ov.com Jaysen Oldroyd, Senior City Attorney, jaysen.o ldroyd @s lcgov.com RECOMMENDATION: It is recommended that the City Council pass this resolution asking the Utah Judicial Council to recertify the Salt Lake City Justice Court (the "Court") in order to provide for the Court's continued operation. BUDGET IMPACT: The resolution seeking the recertification of the Salt Lake City Justice Court would simply allow the City to maintain the status quo. Consequently, passing this resolution would not create any significant budget impacts. In contrast, electing not to pursue the recertification of the Salt Lake City Justice Court would significantly impact the budget by severely impairing, if not entirely eliminating, the justice court's ability to perform its governmental functions . BACKGROUND/DISCUSSION: Every four years, the Salt Lake City Justice Court must be recertified by the Utah Judicial Council in order to continue operations pursuant to Utah Code§ 78A-7-103. As part of that recertification process, the City is required to submit a duly passed resolution of the City Council that requests recertification of the Justice Court. Other components of the recertification process include a signed affidavit from the Presiding Judge of the Salt Lake City Justice Court ("Affidavit") and an opinion letter from the Salt Lake City Attorney's Office ("Opinion Letter"). Signed copies of the Affidavit and the Opinion Letter are included as part of this transmittal for the City Council's consideration. Judge Clemons Landau, Curtis Preece, and Jaysen Oldroyd could be available to be at the table during the work session . A clean copy (approved as to form) of the proposed resolution is included with this transmittal. 451 SOUTH STATE STREET, ROOM 5osA P.O. BOX 145478, SALT LAKE CITY, UT 84114-5478 WWW.SLCGOV.COM TEL 801-535-7788 FAX 801-535-7640 rachel otto (Nov 21, 2023 12:27 MST)11/21/2023 11/21/2023 11/21/2023 RESOLUTION NO. ______ OF 2023 REQUESTING THE RECERTIFICATION OF THE JUSTICE COURT OF SALT LAKE CITY WHEREAS, the provisions of Utah Code § 78A-7-103, require that Justice Courts be recertified at the end of each four-year term; and WHEREAS, Salt Lake City Corporation has received notification from the Administrative Office of the Courts that in order for the Salt Lake City Justice Court to be recertified, an application must be returned to that office by December 15, 2023; and WHEREAS, the members of the Salt Lake City Council have received an opinion letter from Senior City Attorney Jaysen R. Oldroyd which sets forth the requirements for the operation of a justice court, states that the Salt Lake City Justice Court meets such minimum requirements and opines that it is legally feasible for the City to maintain a justice court; and WHEREAS, the members of the Salt Lake City Council have determined that it is in the best interests of Salt Lake City to continue to maintain a justice court; NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah that: Section 1: The City Council of Salt Lake City, Utah hereby requests recertification of the Salt Lake City Justice Court by the Board of Justice Court Judges and the Utah Judicial Council; and Section 2: The City Council of Salt Lake City, Utah hereby affirms its willingness to continue to meet all requirements set forth by the Judicial Council for 2 continued operation of the Salt Lake City Justice Court for the next four-year term of court, except as to any requirements waived by the Utah Judicial Council. Passed by the City Council of Salt Lake City, Utah, this ______ day of ________, 2023. SALT LAKE CITY COUNCIL By_____________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER APPROVED AS TO FORM: Salt Lake City Attorney’s Office Date: 11/20/2023 Sign: Print: Jaysen Oldroyd ERIN MENDENHALL KATHERINE LEWIS Mayor Office of the City Attorney 451 SOUTH STATE STREET, ROOM 505A WWW.SLCGOV.COM P.O. BOX 145478, SALT LAKE CITY, UT 84114-5478 TEL 801-535-7788 FAX 801-535-7640 November 20, 2023 Darin Mano, Chair Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, Utah 84111 Re: Recertification of Salt Lake City Justice Court Dear Council Chair Mano and Council Members, Every four years, the Salt Lake City Justice Court must be recertified by the Utah Judicial Council in order to continue operations pursuant to Utah Code § 78A-7-103. As part of that recertification process, I have been asked to provide an opinion letter addressing whether all requirements for the operation of a justice court have been met by Salt Lake City and whether it remains legally feasible to maintain a justice court. Statutory Requirements The Utah Code requires that certain standards be met in the operation of a justice court. These statutory requirements include: 1. All official court business shall be conducted in a courtroom or an office located in a public facility which is conducive and appropriate to the administration of justice (Utah Code §78A-7-213). 2. Each court shall be open and judicial business shall be transacted every day as provided by law (Utah Code Section 78A-7-213), although the judge is not required to present during all hours that the court is open. 3. The hours that the court will be open shall be posted conspicuously at the court and in local public buildings (Utah Code §78A-7-213). 4. The clerk of the court and the judges of the justice court shall attend the court at regularly scheduled times (Utah Code §78A-7-213). Council Chair Mano November 20, 2023 Page 2 5. The municipality maintaining the justice court shall provide and compensate judges and clerical personnel to conduct the business of the court (Utah Code §78A-7-206 and Utah Code §78A-7-207). 6. The municipality maintaining the justice court shall assume the expenses of travel, meals, and lodging for the judges of that court to attend required judicial education and training (Utah Code §78A-7-103). 7. The municipality maintaining the justice court shall provide sufficient clerical personnel to serve the needs of the justice court and shall assume the cost of travel and training expenses of such clerical personnel at training sessions conducted by the Judicial Council (Utah Code §78A-7-103). 8. The municipality maintaining the justice court shall provide a sufficient staff of public prosecutors to attend the court and perform the duties of prosecution (Utah Code §78A-7-103). 9. The municipality maintaining the justice court shall provide adequate funding for attorneys where persons are indigent as provided by law (Utah Code §78A-7-103). 10. The municipality maintaining the justice court shall provide sufficient local peace officers to provide security for the court and to attend court when required (Utah Code §78A-7- 103). 11. Witnesses and jury fees as required by law shall be paid by the municipality maintaining the justice court (Utah Code §10-7-76). 12. Any fine, surcharge, or assessment which is payable to the State shall be forwarded to the State as required by law (Utah Code §78A-7-120 and Utah Code §78A-7-121). 13. Every municipality maintaining a justice court shall pay the judge of that court a fixed compensation, within the range provided by statute (Utah Code §78A-7-206). 14. Court shall be held within the jurisdiction of the court, except as otherwise provided by law (Utah Code §78A-7-212). 15. All required reports and audits shall be filed as required by law or by rule of the Judicial Council pursuant to Utah Code §78A-7-215. 16. All justice courts shall use a common case management system and disposition reporting system as specified by the Judicial Council (Utah Code §78A-7-213). Council Chair Mano November 20, 2023 Page 3 17. All justice courts shall record all proceedings with a digital audio recording device and maintain the audio recordings for one year. (Utah Code §78A-7-103). 18. The municipality maintaining the justice court shall provide adequate courtroom and auxiliary space for the justice court, which need not be specifically constructed for or allocated solely for the justice court when existing facilities adequately serve the purposes of the justice court (Utah Code § 78A-1-103). 19. The municipality maintaining the justice court shall provide each judge of its justice court with current copies of the Utah Code, the Utah Court Rules Annotated, the justice court manual published by the state court administrator, the Motor Vehicle laws of the State of Utah, the state laws affecting local governments, local ordinances, and other legal reference materials as determined to be necessary by the judge (Utah Code § 78A-7-103). Judicial Council Requirements In addition to those requirements directly imposed by statute, Utah Code §78A-7-103 directs the Judicial Council to promulgate minimum requirements for the creation and certification of justice courts. Pursuant to statute, the Judicial Council has adopted the following additional minimum requirements which can be found in Appendix B of the Utah Rules of Judicial Administration: 1. That a clerk shall be available for at least one hour each day the court is required to be open and during court hearings, as required by the judge. These hours shall be posted on the court’s website. 2. The judge shall be available to conduct court business as needed, performing all duties required and exercising ultimate responsibility for the administration of justice as an independent branch of government. 3. All court hearings shall be conducted in a designated courtroom, including remote transmission, as permitted by the Judicial Council, or in another location authorized by the Presiding Judge. 4. The minimum furnishings for a courtroom shall include: a desk and chair for the judge (on a riser at least six inches above the well), a desk and chair for the court clerk, chairs for witnesses, separate tables and appropriate chairs for plaintiffs and defendants, a Utah State flag, a United States flag, a separate area and chairs for at least four jurors, a separate area with appropriate seating for the public, an appropriate room for jury deliberations, and an appropriate area or room for victims and witnesses that is separate from the public, as well as a judicial robe, a gavel, and necessary forms and supplies. Council Chair Mano November 20, 2023 Page 4 5. Appropriate office space must be provided for the judge and clerk. This office space may be shared under certain circumstances, but if shared the judge and clerk must have priority to use the space whenever needed. The office space shall include a desk for the judge and a desk for the clerk, secure filing cabinets for the judge and the clerk, a telephone for the judge and a telephone for the clerk, appropriate office supplies to conduct court business, a cash register or secured cash box for each clerk performing cashiering duties, a computer with word processing software, and access to a scanner and copy machine. 6. The court shall provide interpreters are required by Rule 3-306.04 of the Code of Judicial Administration. 7. A clerk must be present during the time the court is open each day and during court sessions, as required by the judge. 8. The court must have at least one peace officer (which may be contracted). 9. A court security plan must be submitted and approved as required by Rule 3-414 of the Code of Judicial Administration. 10. Each court must have at least one computer with access to the internet, and appropriate software and security/encryption technology to allow for electronic reporting and access to Driver License Division (“DLD”) and the Bureau of Criminal Identification (“BCI”), as defined by the reporting and retrieval standards promulgated by the Department of Public Safety. In addition, all justice courts must use the CORIS case management system. 11. Each court shall report required case disposition information to DLD, BCI and the Administrative Office of the Courts electronically, as described in the foregoing Subparagraph 10 above. 12. Clerks’ education hours shall be reported to the Administrative Office of the Courts on an annual basis. 13. The appointment of the clerks assigned to serve the court shall be subject to the judge’s approval, who may participate in the interview and personnel evaluation process for the clerks at his or her discretion. 14. Court staff shall be certified as contemplated by Rule 3-303 of the Code of Judicial Administration. 15. Any interlocal agreement relating to court operations, as amended to date, shall be provided to the Justice Court Administrator. Council Chair Mano November 20, 2023 Page 5 16. The court shall accept credit and debit cards through a system that integrates with CORIS. 17. The Court shall have access to UCJIS. 18. An audio recording system shall maintain a digital recording of all court proceedings. For Class I and Class II Justice Courts, the system must: i. be stand-alone unit that records and audibly plays back the recording; ii. index, back-up and archive the recording and enable the record to be retrieved; iii. have at least four recording channels; iv. have a one-step “on” and “off” recording function; v. have conference monitoring of recorded audio; vi. have external record archiving from the unit with local access; vii. be capable of being integrated with the court’s public address system; In establishing minimum requirements, the Judicial Council has determined that justice courts with higher case filings require greater support services. The Salt Lake City Justice Court is a Class I Court, which designation applies to courts having an average monthly filing of more than 500 cases. According to an affidavit executed by Clemens Landau, the presiding judge of the Salt Lake City Justice Court, the average monthly filing for the Salt Lake City Justice Court for fiscal year 2022 - 2023 was approximately 2,188 cases. In addition to the minimum requirements set forth above, a Class I Court must have at least one full-time judge and at least three clerks – at least one of whom is available during regular business hours; it must have a courtroom which is dedicated for the exclusive use as a court that meets the master plan guidelines adopted by the Judicial Council; and the judge's chambers and clerk's office cannot be shared by another entity. The State Legislature has provided that any justice court which continues to meet the minimum requirement for its class is entitled to be recertified. However, the Judicial Council also has authority to waive any minimum recertification requirement imposed by rule of the Council rather than by statute. Waiver is at the discretion of the Judicial Council and will be based upon a demonstrated need for a court to conduct judicial business and upon public convenience. Any waiver will generally be for the entire term of the certification. A waiver must be obtained through the Judicial Council each time a court is recertified and, the fact that a waiver has been previously granted, will not be determinative on the issue of waiver for any successive application. Council Chair Mano November 20, 2023 Page 6 There is a great diversity in the needs of the Justice Courts. The needs of a particular court are affected by the type of cases filed (some courts have a high percentage of traffic matters, while others handle significant numbers of criminal and small claims matters), the location of the Court, the number of law enforcement agencies served, the policies and procedures followed by each judge with respect to the operation of the Court, and many other factors. Clerical resources and judicial time are particularly sensitive to local conditions. In order to adequately function, it is anticipated that some courts will exceed minimum requirements for clerical resources and judicial time. Similarly, the particular circumstances of a court may allow it to operate efficiently with less than the minimum requirements in the4 above areas; in such circumstances a waiver may be requested. The Utah Code also provides that the Judicial Council may grant an extension of time for any requirement which is not specifically required by statute. An extension may be granted at the discretion of the Judicial Council where individual circumstances temporarily prevent the entity from meeting a minimum requirement. An extension will be for a specific period of time and the certification of the court will terminate at the end of the extension period. In order for the court to continue to operate beyond the extension period, the court must be certified as meeting all requirements, obtain an additional extension, or obtain a waiver as provided above. As part of the recertification process established by the Judicial Council, the city must also submit a sworn court certification affidavit from the judge of the justice court. Judge Clemens Landau, who is presiding judge of the Salt Lake City Justice Court, has prepared this affidavit indicating that the court meets the minimum statutory and Judicial Council recertification requirements. It is the opinion of this office, based upon Judge Landau’s affidavit and our familiarity with the operations of the Salt Lake City Justice Court, that (i) the court continues to meet or exceed the minimum requirements for a Class I justice court, (ii) is entitled to recertification, and (iii) that it is legally feasible for Salt Lake City to continue operating a justice court. If you have any questions or if I can provide you with any additional assistance, please let me know. Sincerely, Jaysen R. Oldroyd Senior City Attorney COURT CERTIFICATION AFFIDAVIT Justice Court: Salt Lake City Justice Court Judge: Clemens Landau, Presiding Judge Address: 333 South 200 East Salt Lake City, UT. 84111 Telephone: 801-535-6300 Court's Website: _sl~c"""'.g""'o~v~/c~o_u_r~ts""'"/ ________________ _ Level of Court (Circle one): ! Average Case Filings Per Month: 2188 (Includes Traffic, Criminal. Small Claims) Daily Court Hours: 8:00 AM -5:00 PM, Monday -Friday Number of Full-time Clerks: 26 plus 5 support staff #Hours Worked Per Week Per Clerk: 1Q._ Number of Part-time Clerks: 0 ----- #Hours Worked Per Week Per Clerk: NA ~~--- This form is divided into two parts. Section I contains those requirements that are statutory and cannot be waived. Section II contains minimum requirements established by the Judicial Council, and those requirements may be waived pursuant to the procedure set forth in the Instructions to Applicant included with this Application for Recertification. ComesnowJudge~C_le_n_1_el_1s~L~a~n~d_a_u __________________ __. Justice Court Judge for Salt Lake City Justice Court and, except as specifically noted below, certifies as follows: 17 SECTION I THE FOLLOWING ITEMS ARE STATUTORY AND CANNOT BE WAIVED. CERTIFICATION WILL NOT BE GRANTED UNLESS EACH REQUIREMENT IS MET. Please indicate Yes or No to each of the following: 1. All official court business is conducted in a public facility. Yes 2. Court is open daily. Yes 3. The hours of court operation are posted conspicuously. Yes 4. The judge and the clerk attend court at regularly scheduled times based on the level of the court. Yes 5. The judge is compensated at a fixed rate, within the statutory range. Yes 6. The responsible governmental entity provides and compensates sufficient clerical personnel necessary to conduct the business of the court. Yes 7. The responsible governmental entity assumes the expenses of the travel of the judge for purposes of required judicial education. Yes 8. The responsible governmental entity assumes the expenses of the travel of each clerk for the purposes of attending training sessions conducted by the Judicial Council. Yes 9. The responsible governmental entity provides the Court with: a. Sufficient prosecutorial support Yes b. Funding for attorneys for indigent defendants, as appropriate Yes c. Sufficient local law enforcement officers to attend court as provided by statute Yes d. Security for the court as provided by statute Yes e. Witness and juror fees Yes f. Appropriate copies of the Utah Code, the Justice Court Manual, state laws affecting local governments, local ordinances and other necessary legal reference materials Yes 10. Fines, surcharges and assessments which are payable to the state are forwarded as required by law. Yes 11. Court is held within the jurisdiction of the court, except as provided by law (78A-7-212). Yes 12 . All required reports and audits are filed as required by law or Rule of the Judicial Council. Yes 13. A record of all court proceedings is maintained by an appropriate digital recording system. Yes SECTION II Section II contains minimum requirements established by the Judicial Council, and those requirements may be waived or an extension granted pursuant to the procedure set forth in the Instructions to Applicant included with this Application for Recertification. Please indicate YES or NO to each of the following: 1. A clerk is available each day to conduct court business, including hearings as required by the judge, for the number of hours required for the classification of the court. Yes 2. Hours during which a clerk is available are posted on the court's website. Yes 3. The judge is available to conduct court business as needed. Yes 4. The judge performs all duties required and exercises ultimate responsibility for the administration of justice as an independent branch of government. Yes 5. All court hearings are conducted in a designated courtroom, by remote transmission, or in another location authorized by the Presiding Judge. Yes Minimum furnishings in the courtroom include: Desk and chair for the judge Yes b. A six-inch riser Yes c. Desk and chair for the court clerk Yes d. Chairs for witnesses Yes e. Separate tables and appropriate chairs for plaintiffs and defendants Yes f. A new Utah State flag that will be on display no later than March 9, 2024 Yes g. A United States flag Yes h. A separate area and chairs for at least four jurors Yes I. A separate area with appropriate seating for the public Yes J. An appropriate room for jury deliberations Yes k. An appropriate area or room for victims and witnesses which is separate from the public Yes 1. A judicial robe Yes m. A gavel Yes p. Necessary forms and supplies Yes q. Office space for the judge Yes r. Office space for the court clerk Yes t. Appropriate office supplies Yes u. A cash register or secured cash box for each clerk performing cashiering duties Yes v. At least one computer with word processing software and internet access Yes w . Access to a scanner and copy machine Yes 4. The court shall provide interpreters as required by Rule 3-306.04 of the Code of Judicial Administration. Yes 5. Does the applicant have a law enforcement department? Yes 6. If the applicant does not have a law enforcement department, identify the law enforcement agency which will provide law enforcement services for the applicant: Yes 7. A court security plan has been submitted for approval as required by Rule 3-414 of the Code of Judicial Administration. Yes 8. The court electronically reports to the Driver License Division, the Bureau of Criminal Identification and the Administrative Office of the Courts as required. Yes 9. Clerks' education hours shall be reported to the Administrative Office of the Courts on an annual basis. Yes 10. The appointment of the clerk(s) assigned to serve the court are subject to the judge's approval, who may participate in the interview and personnel evaluation process for the clerk(s) at his or her discretion. Yes 11. Court staff are current with all certification requirements required by the Board of Justice Court Judges from the month after starting with the court through September 30, 2023. Yes 12. Any interlocal agreement relating to court operations shall be submitted to the Administrative Office of the Court with the city's application for recertification. Yes 13. The court accepts credit and debit cards through a system that integrates with CORIS. Yes 14. The court has access to UCJIS. Yes 15. An audio recording system that complies with the description below maintains a digital recording of all court proceedings. Yes For Class I and Class II justice courts, the system must: Be a stand-alone unit that records and audibly plays back the recording; Index, back-up and archive the recording and enable the record to be retrieved; Have at least four recording channels; Have a one-step "on" and "off' recording function; Have conference monitoring of recorded audio; Have external record archiving from the unit with local access; and Be capable of being integrated with the court's public address system. For Class III and Class IV justice courts, the system must, at a minimum: Be a stand-alone unit that records and audibly plays back the recording; Index, back up and archive the recording and enable the record to be retrieved; and Have at least two recording channels. 16. If the court is a Class I court: a. Judge is employed on a full-time basis Yes b. Dedicated courtroom which meets the master plan guidelines adopted by the Judicial Council Yes c. Court has a jury deliberation room Yes d. Judge's chambers, clerk's office, and courtroom are in the same building Yes e. Judge has his or her own private chambers Yes f. Clerk's office is separate from any other entity Yes g. Court is open during normal business hours Yes 17. If the court is a Class II court: NA a. Court is open (check one) 201-300 average monthly filings: at least 4 hours/day 301-400 average monthly filings: at least 5 hours/day 401-500 average monthly filings: at least 6 hours/day b. Trial calendar is set at least weekly c. Courtroom configuration is permanent d. Courtroom, judge's chambers, and clerk's office are within the same building e. Judge has his or her own private chambers 18. If the court is a Class III court: NA a. Trial calendar is set at least twice per month b. Court is opened (check one): __ 61-150 average monthly filings: at least 2 hours/day __ 151-200 average monthly filings: at least 3 hours/day 19. If the court is a Class IV court: NA a. Trial calendar is set at least monthly b. Court is open at least 1 hour per day ") 1 20. If you have responded with a "no" to any item in Section II above, you must request a waiver or extension below and justify that request. If waiver or extension of any requirement is requested, please specify each requirement and indicate factors which demonstrate a need for the waiver or extension. For any requested extension, please include the requested extension period. (To receive a waiver or extension of any requirement, the information requested in this section must be provided. Remember that statutory requirements cannot be waived or extended). I am familiar with the minimum operational standards for this court, and except as noted above, those standards are currently met or exceeded. During the current term of the court, I have met with the appropriate governing body of the city to review the budget of the court, review compliance with the minimum requirements and operational standards, and discuss other items of common concern . DATED this . of) I day of I declare under criminal penalty of the State of Utah that the foregoing is true and correct. Executed on this ( 0~ day of __ ~_o_v_e;_V\_be __ r--_, 2023. 22 CHECKLIST Please be sure that your application for recertification includes each of the following: 1. X Court Certification Affidavit completed and signed by the judge. 2. A copy of a written opinion from the city or county attorney (as appropriate), directed to the appropriate sponsoring governmental entity, advising that entity of all requirements for the operation of the justice court and the feasibility of maintaining the court. 3 . A copy of a duly passed resolution of the sponsoring governmental entity that a. requests recertification of the court, and b. affirms that the entity is willing to meet all requirements for the operation of the court during the period of certification. 4. X A copy of your court security plan, as required by Rule 3-414 of the Code of Judicial Administration. 5. A copy of any interlocal agreement(s) relating to court operations, as amended to date. ALL OF THESE DOCUMENTS MUST BE RECEIVED BY THE ADMINISRA TIVE OFFICE OF THE COURTS BY: DECEMBER 15, 2023. Board of Justice Court Judges Attention: James M. Peters Administrative Office of the Courts P. 0. Box 140241 Salt Lake City, Utah 84114-0241 j amesp@utcourts.gov 23 Item E1 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Jennifer Bruno, Deputy Director DATE:December 5, 2023 RE: RESOLUTION: JUSTICE COURT RECERTIFICATION MOTION 1 – ADOPT RESOLUTION I move that the Council adopt a resolution requesting the recertification of the Salt Lake City Justice Court by the Board of Justice Court Judges and the Utah Judicial Council. MOTION 2 – NOT ADOPT I move that the Council not adopt the resolution. Item F1 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY tinyurl.com/SLCFY23 TO:City Council Members FROM: Ben Luedtke Senior Analyst DATE:December 5, 2023 RE: American Rescue Plan Act (ARPA) Local Business Direct Assistance Grant Awards MOTION 1 – ADOPT ORDINANCE APPROVING GRANT AWARDS I move that the Council adopt an ordinance approving American Rescue Plan Act local business direct assistance grant awards and contingency as shown in the Exhibit A Funding Log. Staff note: For reference and as shown on the last page of Exhibit A, the Council Contingency states: “Council Contingency in case Awards are Unable to be Fully Spent: If the unused funds are equal to or greater than $50,000, then the Council will hold a follow up briefing to determine how to reallocate the funds. If the unused funds are less than $50,000, then reallocate evenly to applications that (1) received partial funding, (2) the program/project is scalable, and (3) the applicant confirms they are able to spend the additional award.” MOTION 2 – NOT ADOPT I move that the Council proceed to the next agenda item. #BUSINESS APPLICANT DISTRICT 2022-2024 REQUESTED FUNDING 2022-2024 ELIGIBLE FUNDING (Proven Loss) 2022-2024 CRC RECOMMENDATION (% Based on Score - Rounded to Nearest $100)CATEGORY 1 Nico's Restaurant LLC (83628)1 $50,000 $44,900 $43,000.00 TTH 2 Wasatch Theatre Company of Salt Lake County (90225)2 $30,000 $30,000 $27,000.00 AB 3 L.L. Hair & Beauty (59837)7 $38,490 $38,490 $34,400.00 SB 4 Monsoon Creative LLC (85179)2 $32,978 $32,978 $29,200.00 AB 5 Break Bread Barber Co LLC (62514)3 $50,000 $24,000 $21,300.00 SB Beauty salon located in Sugarhouse. Type of Business: Salon (Sole Proprietor) DisproportionatelyImpacted: 100% women-owned Use of funds: Wages, benefits, rent, operating supplies Received other assistance: PPP - $7.4k Mexican restaurant on the Westside of SLC. Type of Business: Mexican restaurant (Sole Proprietor) Disproportionately Impacted: 100% BIPOC-owned Use of funds: Wages, equipment/supplies, marketing Received other assistance: None SLC-based professional artist and muralist that has created over 20 public murals across the state of Utah. Type of Business: Professional Artist/Muralist (Home-based & Sole Proprietor) DisproportionatelyImpacted: None Use of funds: Rent, operating supplies, transporation expenses Received other assistance: None Barber shop on westside of SLC. Type of Business: Barber shop (Sole proprietor) DisproportionatelyImpacted: 100% BIPOC-owned Use of funds: Rent, COVID prevention measures, staff training, marketing, operating supplies. Received other assistance: None Business is a performing arts organization focused on theatre that has been in operation since 1997. Type of Business: Performing arts theatre (Sole Proprietor) Disproportionately Impacted: None Use of funds: Wages, artist stipends Received other assistance: None Exhibit A - Local Business Direct Assistance ARPA Grant Awards Final Phase Funding Log Last Updated November 27, 2023 Page 1 #BUSINESS APPLICANT DISTRICT 2022-2024 REQUESTED FUNDING 2022-2024 ELIGIBLE FUNDING (Proven Loss) 2022-2024 CRC RECOMMENDATION (% Based on Score - Rounded to Nearest $100)CATEGORY 6 Mid City Salon (60352)4 $50,000 $50,000 $44,100.00 SB 7 Ignite Studios (85016)5 $27,500 $27,500 $24,000.00 AB 8 Salt Lake Bicycle Tours LLC (61219)4 $30,000 $30,000 $25,700.00 TTH 9 Reflective Art Studio (62957)5 $50,000 $46,000 $39,300.00 AB 10 Matrixx Massage Inc (63362)4 $50,000 $50,000 $42,100.00 SB Business makes art objects to sell in galleries and also teaches glass/painting workshops. Type of Business: Art studio (Sole proprietor) DisproportionatelyImpacted: 100% women-owned Use of funds: Rent, wages, operating supplies, marketing Received other assistance: PPP - $15.8k Business has been open for the last 30 years and offers the community professional therapeutic massages, steam room, infrared sauna, ice plunge, and meditation cave. Type of Business: Massage spa (Sole proprietor) Disproportionately Impacted: 100% women & BIPOC-owned Use of funds: Wages, employee retention, apprenticeship program Received other assistance: PPP- $52k, EIDL - $351k Hair and nail salon in downtown SLC. Type of Business: Hair and nail salon (Sole proprietor) DisproportionatelyImpacted: 100% women-owned Use of funds: Rent, wages Received other assistance: Zoom Grant - $35k, EIDL - $1.5k Business is a tour operator giving the highest quality bike tours, walking tours, & food tours. Business gives customers an engaging experience, providing them a rich history of Salt Lake, and delivered in a contemporary context. Type of Business: SLC tour operator (Home-based & Sole proprietor) Disproportionately Impacted: None Use of funds: Wages, insurance, marketing, equipment Received other assistance: PPP - $4.4k, EIDL - $4k Business offers recording space and services for various audio projects, film projects, and also serves as an event space. Type of Business: Film & audio recording studio, event space Disproportionately Impacted: 100% women-owned Use of funds: Utilities, equipment, marketing Received other assistance: None Exhibit A - Local Business Direct Assistance ARPA Grant Awards Final Phase Funding Log Last Updated November 27, 2023 Page 2 #BUSINESS APPLICANT DISTRICT 2022-2024 REQUESTED FUNDING 2022-2024 ELIGIBLE FUNDING (Proven Loss) 2022-2024 CRC RECOMMENDATION (% Based on Score - Rounded to Nearest $100)CATEGORY 11 Tankinz Noodle Mfg. LLC (61142)2 $50,000 $50,000 $42,000.00 SB 12 Pacific Seas Restaurant (100185)2 $50,000 $50,000 $42,000.00 TTH 13 Marblecast Products (87904)2 $30,000 $30,000 $25,100.00 AB $50,000 $40,000 14 Pasifika First Fridays (63526)2 $50,000 $40,000 $33,400.00 AB Business offers custom statue making for buyers worldwide. Included is the art of sculpting in clay original models, 3D sculpting and 3D printing services, rubber mold building, casting using signature white bonded marble material and in real bronze. Type of Business:Statue maker DisproportionatelyImpacted: None Use of funds: Marketing, employee retention, operating supplies Received other assistance: SLC Emergency Loan Program - $20k, EIDL - $155k, PPP - $11.2k Business has been operating in Salt Lake City since 2004 and produces fortune cookies & fresh pasta for local Asian restaurants, as well as providing wonton, egg roll, and pot sticker skins. Type of Business: Food producer DisproportionatelyImpacted: None Use of funds: Wages, rent, operating supplies Received other assistance: Federal loans - $150k, Federal grant - $7.5k Family-owned business that serves authentic Polynesian cuisine from the Islands of the Pacific, and has been in business for over 30 years. Type of Business: Polynesian restaurant Disproportionately Impacted: 100% BIPOC-owned Use of funds: Operating supplies, equipment, marketing Received other assistance: PPP - $148.9k, EIDL - $150k, Utah Governor's Loan - $5k, Salt Lake Chamber grant - $5k Business highlights, celebrates, and showcases local Pacific Islander talent every first Friday of the month, through a roving cultural festival focused on in-person gatherings, experiences, & pop ups. Type of Business: Arts & Culture Events DisproportionatelyImpacted: 100% women & BIPOC-owned Use of funds: Wages, technical assistance,transportation costs Received other assistance: PPP - $62k Exhibit A - Local Business Direct Assistance ARPA Grant Awards Final Phase Funding Log Last Updated November 27, 2023 Page 3 #BUSINESS APPLICANT DISTRICT 2022-2024 REQUESTED FUNDING 2022-2024 ELIGIBLE FUNDING (Proven Loss) 2022-2024 CRC RECOMMENDATION (% Based on Score - Rounded to Nearest $100)CATEGORY 15 H2blow Salt Lake City, LLC (63345)6 $50,000 $50,000 $8,800.00 SB TOTAL:$638,968.00 $593,868.00 $481,400.00 ACRONYMS AB - Arts and Artisan Businesses BIPOC - Black, Indigenous, and People of Color CRC - Community Recovery Committee EIDL - Economic Injury Disaster Loan LLC - Limited Liability Company PPP - Federal Paycheck Protection Program SB - Small Business TTH - Tourism, Travel, or Hospitality Business is a blowdry & beauty bar that offers hair and makeup services to women of all ages. Type of Business: Beauty salon (Sole proprietor) DisproportionatelyImpacted: 100% women-owned Use of funds: Rent, utilities, operating supplies, employee retention, marketing Received other assistance: PPP - $35k *Note: Dollar amount on this last recommended awardee lowered so as to not go over remaining funds of $481,400. Exhibit A - Local Business Direct Assistance ARPA Grant Awards Final Phase Funding Log Last Updated November 27, 2023 Page 4 Council Contingency in case Awards are Unable to be Fully Spent: If the unused funds are equal to or greater than $50,000, then the Council will hold a follow up briefing to determine how to reallocate the funds. If the unused funds are less than $50,000, then reallocate evenly to applications that (1) received partial funding, (2) the program/project is scalable, and (3) the applicant confirms they are able to spend the additional award.” ERIN MENDENHALL MAYOR DEPARTMENT OF ECONOMIC DEVELOPMENT LORENA RIFFO JENSON DIRECTOR CITY COUNCIL TRANSMITTAL Date Received: Rachel Otto, Chief of Staff Date sent to Council: TO: Salt Lake City Council DATE: 10/10/2023 Darin Mano, Chair FROM: Lorena Riffo Jenson, Director, Department of Economic Development SUBJECT: American Rescue Plan Act (ARPA) Community Grant Program Funds- Phase Two Distribution - Community Recovery Committee (CRC) Recommendation for Distribution STAFF CONTACTS: Todd Andersen, ARPA Project Coordinator, Todd.Andersen@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: Review and Approve the $481,400 disbursement of ARPA Community Grant Program Funds for Phase 2. BUDGET IMPACT: Distribution of $481,400 allocated in FY22, BA5. COORDINATION: Community and Neighborhoods (CAN), Mayor’s Office, SLC Finance Department, and other outside organizations. BACKGROUND/DISCUSSION: On March 11, 2021, the U.S. government signed into law a COVID-19 recovery bill, the American Rescue Plan Act (ARPA). ARPA was intended to support State and Local recovery from the COVID-19 public health emergency (COVID-19 Pandemic) and the negative economic impacts experienced because of the pandemic. The U.S. Department of the Treasury released materials associated with the release of funds to cities and states, known as the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Salt Lake City received approximately $85.4 million of these funds, which must be committed by December 31, 2024 and spent by December 31, 2026. After extensive community engagement, the Mayor and City Council approved the creation of rachel otto (Oct 10, 2023 11:09 MDT) 10/10/2023 10/10/2023 the Community Grant Program to help small businesses and nonprofits recover from the negative economic impacts of the pandemic. In April of 2022, Salt Lake City Council adopted city code Chapter 2.20, which established the Community Grant Program. The Community Grant Program is administered by both the Department of Economic Development (DED) and Community and Neighborhoods (CAN). Both departments were tasked with deploying $2M each of the $85.4 million federal funds granted to the City. Below is an overview of the program, guidelines, scoring and recommendation by the Community Recovery Committee (CRC). CRC Recommendation & Demographics In Phase 2 a total of 116 small business or artist applications were received, and of those 94 were eligible for further review. The Community Recovery Committee has recommended funding be distributed to 15 small businesses and artists, which utilizes the remaining $481,400 of the Community Grant Program funds. The table below shows demographic data of the 15 applications recommended for Phase 2 awards by the committee: Demographic Group # of recommended applicants (out of 15 total recommended) Located on the westside (Districts 1 and 2) 7 100% BIPOC-owned (Black, Indigenous, and persons of color) 5 100% Female-owned 7 Have not received any other COVID-19 assistance (PPP, EIDL, etc.) 5 Re-applicants from Phase 1 11 New applicants to Phase 2 4 Program Overview ● No single application for a community grant will exceed $100,000.00 ● Any application for a community grant to a nonprofit organization will focus on supporting communities disproportionately affected by the COVID-19 pandemic, including, but not limited to, offering services to retrain displaced workers: providing legal or other assistance for evictions or rent relief: expanding educational opportunities; deploying resources to mitigate the digital divide; supporting parents or children affected by COVID-19 including childcare or after school program; and providing access to healthcare services, including mental health support. ● Any application for a community grant for a local business will focus on supporting the business’s operation or employees who have been economically affected by the COVID-19 pandemic. CRC Members City Council created the Community Recovery Committee (CRC) to oversee the process, review the applications and make recommendations for the deployment of funds. The CRC is currently comprised of eight (8) members that serve on the following other boards: Economic Development Loan CommitteeRacial Equity in Policing (2 members from this board) Human Rights Commission (3 members from this board) Salt Lake Arts Council Business Advisory Board Scoring The CRC used the following scoring methodology in Phase 2: Applicants were eligible for 100 base points with the following breakdown- ●60% of the points are based on narratives the businesses provided sharing how COVID-19 impacted their business (past, present, and future) ●40% of points are based on how a business was able to navigate through the pandemic. In addition to the base points, staff awarded up to 70 bonus points to impacted and disproportionately impacted communities including: ●100% BIPOC-owned business (15 points) ●100% Female-owned business (15 points) ●Artist-artisan business (15 points) ●Business located in qualified census tracts - QCT (15 points) ●Business in the travel, tourism, & hospitality sector (5 points) ●Business in the City Center (5 points) The Committee’s recommended awardee list for Phase 2 is based on: 1) the Committee’s adopted methodology of a “sliding scale” (eligible funding amount multiplied by average Committee score) to calculate top scorers, and 2) making sure that all City Council Districts have at least one applicant on recommended list to ensure geographic equity. Qualifying Use of Funds To meet the qualifying criteria established by the U.S. Department of the Treasury and to align our grants with SLFRF expenditure categories, applications were categorized into one of the four categories below: ●Small business economic assistance ●Aid to tourism, travel or hospitality ●Aid to arts and artisan businesses ●Aid to nonprofit organizations with programming specific to small businesses or arts and artisan businesses. All four of these expenditure categories are small business-related, eligible for funding through the Community Grant Program and aid Salt Lake City’s Department of Finance (Finance) to administer the distribution of funds. Diversity, Equity, and Inclusion To ensure the Community Grant Program is available to all potentially interested applicants, DED instituted the following measures to ensure the program is equitable, transparent, and inclusive: ● Application materials, training videos, and presentations were provided in multiple languages. ● Online and paper applications were accepted. ● Training and Technical Assistance appointments were offered on both the East and West sides of Salt Lake City. ● Individual application assistance was provided by DED, the International Rescue Committee, and Utah Small Business Development Center (SBDC) as needed. Attachments: ● Exhibit A: List of Recommended Businesses for Grant Approval – Phase 2 ● Ordinance ● Letter from the CRC EXHIBIT A SALT LAKE CITY ORDINANCE No. of 2023 (Ordinance approving the disbursement of American Rescue Plan Act Community Grant Program Funds for Phase 2) WHEREAS, the global COVID-19 pandemic impacted the world and local economy at an unprecedented level, and Salt Lake City’s nonprofit organizations, local businesses, and residents have been negatively impacted by the economic uncertainty caused by the pandemic. WHEREAS, on March 11, 2021, the U.S. government signed into law a COVID-19 recovery bill, the American Rescue Plan Act (ARPA) and allocated federal funding to Salt Lake City Corporation (City) to use for certain COVID-related uses, including to support disproportionately impacted communities and to mitigate negative economic impacts within the community. WHEREAS, on April 19, 2022, the City Council passed Salt Lake City Ordinance 17 of 2022, enacting Salt Lake City Code Chapter 2.20 and establishing a new community grant program to govern the distribution of certain ARPA funds, including the creation of the Community Recovery Committee tasked with reviewing grant applications and making recommendations on the disbursement of community recovery grant funds. WHEREAS, on March 7, 2023, the City Council passed Salt Lake City Ordinance 12 of 2023, approving the disbursement of a portion of the community recovery grant funds to small businesses and nonprofit organizations approved by the Community Recovery Committee for direct economic assistance, which disbursement was considered Phase 1, Group 1 of grant fund allocation. WHEREAS, on October 3, 2023, the City Council passed Salt Lake City Ordinance 52 of 2023, approving the disbursement of a portion of the community recovery as pass-through grant funds to nonprofit subrecipients approved by the Community Recovery Committee to provide services and support to communities disproportionately affected by the COVID-19 pandemic, which disbursement was considered Phase 1, Group 2 of grant fund allocation. WHEREAS, beginning in June 2023 and continuing through August 2023, the Community Recovery Committee, for the purpose of disbursing additional direct economic assistance grants, held ten meetings to review and consider 94 applications from small businesses seeking grant funding for direct economic assistance, in accordance with Salt Lake City Code Chapter 2.20. WHEREAS, the Community Recovery Committee evaluated the applications in accordance with Salt Lake City Code Chapter 2.20, and considered the applicant’s proposed use of funds, geographic equity, the policies and objectives of the community grant program, and the federal requirements of ARPA. WHEREAS, the Community Recovery Committee completed the review of the applications and has recommended funding allocations to be reviewed by the Mayor. WHEREAS, pursuant to Salt Lake City Code Chapter 2.20, the Mayor has reviewed the Community Recovery Committee’s recommendations and recommends that the City Council approve the funding allocations as described in Exhibit A. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah, that: SECTION 1. Funding Approval. The City Council approves the funding allocations as further described in Exhibit A. The City Council authorizes the Mayor to negotiate and execute the grant agreements and any other relevant documents required, consistent with Exhibit A and Salt Lake City Code Chapter 2.20, and incorporating such other terms and agreements as recommended by the City Attorney’s office. SECTION 2. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 2023. Darin Mano, Council Chair ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on . Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 2023. Published: . APPROVED AS TO FORM Salt Lake City Attorney’s Office Sara Montoya, City Attorney Date: October 10, 2023 Letter from the Community Recovery Committee Dear Mayor and City Council, The Community Recovery Committee (CRC) knows that the COVID-19 pandemic and related shutdowns were devastating to many small businesses in Salt Lake City, and many have struggled to financially recover from the effects of the pandemic. During Phase 1 of the SLC Community Grant Program, the CRC was thrilled that the City Council awarded 42 small businesses and artists with COVID-19 recovery funding. The Committee also understands the difficulties that small businesses and artists still face because of the COVID-19 pandemic. During Phase 2, we continued to dedicate a great deal of care and effort into conducting a fair and equitable process that would award as much money to as many businesses as possible. With that said, this is a competitive grant program and the Committee focused for many hours over difficult decisions to award limited funding. After reviewing various funding options, we are again recommending a ‘sliding scale’ be applied to the eligible award amount based on the average score the applicant received to fund more grantees. We recommend that the applicants scoring the highest be awarded funds until the Phase 2 funding amount is exhausted. The Committee feels we put forth the best, and most equitable recommendation we could and appreciate your consideration of our decision. Sincerely, Jake Maxwell Chair – Community Recovery Committee Item F2 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Ben Luedtke Senior Analyst DATE:December 5, 2023 RE: Local Nonprofit Direct Assistance Grant Awards MOTION 1 – ADOPT RESOLUTION APPROVING GRANT AWARDS I move that the Council adopt a resolution approving local nonprofit direct assistance grant awards and contingency as shown in the Exhibit A Funding Log. Staff note: the Exhibit A funding log rounds grant awards to the nearest $100 which is a best practice recommended by the Finance Department and requested by the Council. The original recommended grant awards did not round the dollar amounts. For reference and as shown on the last page of Exhibit A, the Council Contingency states: “Council Contingency in case Awards are Unable to be Fully Spent: If the unused funds are equal to or greater than $50,000, then the Council will hold a follow up briefing to determine how to reallocate the funds. If the unused funds are less than $50,000, then reallocate evenly to applications that (1) received partial funding, (2) the program/project is scalable, and (3) the applicant confirms they are able to spend the additional award.” MOTION 2 – NOT ADOPT I move that the Council proceed to the next agenda item. TOTAL UNALLOCATED FUNDING: -$ 1 Rape Recovery Center REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:100,000.00$ 2 Wasatch Community Gardens REQUEST:76,173.00$ ELIGIBLE:76,173.00$ CRC:76,173.00$ MAYOR:76,173.00$ COUNCIL:76,200.00$ 3 First Step House REQUEST:100,000.00$ ELIGIBLE:51,322.00$ CRC:51,322.00$ MAYOR:51,322.00$ COUNCIL:40,000.00$ 4 First Step House REQUEST:99,908.40$ ELIGIBLE:99,908.40$ CRC:99,908.40$ MAYOR:99,908.40$ COUNCIL:82,000.00$ 5 United Way of SLC REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:80,000.00$ Wasatch Community Gardens 82.50 individuals with substance use disorders, mental health conditions, and histories of homelessness, incarceration, and unstable employment; AMI <= 40% Salaries, wages, and fringe benefits individuals with substance use disorders, mental health conditions, and recurrent homelessness; AMI <= 40% sexual assault survivors; unhoused; AMI <= 65% The program will provide behavioral health care to individuals who have suffered from sexual violence, a problem that has been exacerbated during the COVID-19 pandemic. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide job training services to women facing or experiencing homelessness, whose existing economic and mental health challenges have been exacerbated by the COVID-19 pandemic. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide case management for individuals with mental health challenges, substance use disorders, and increased medical needs who have been disproportionately impacted by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Women experiencing homelessness; AMI <= 65% Employee wages, staff wages and benefits Staffing salaries and benefits Demographics To Be Served/Use of Funds SCORING Clinical Therapy Services for Survivors of Sexual Violence Case Management Restorative Care Pathways Bryant Middle School Title 1 students Salaries, program supplies, and training PROJECT DESCRIPTIONAPPLICANT/ PROJECT NAME REQUEST/RECOMMENDED Combined Admin & CRC Score (100 max) 87.17 85.00 83.00 82.50 Service Category The program will provide behavioral health treatment for individuals experiencing homelessness alongside substance use disorders and mental illness. This service helped bridge service gaps for the homeless population amidst the challenges posed by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide expanded educational opportunities for youth who attend SLCSE Bryant Middle School by engaging the community, building out a well-being room and expanding experiential learning. ELIGIBLE: All costs requested by applicant were determined to be eligible. Salaries and fringe benefits COMMUNITY & NEIGHBORHOODS DEPARTMENT COMMUNITY RECOVERY ASSISTANCE GRANTS FOR NONPROFITS Healthcare Access (Mental Health Assistance) Retraining Displaced Workers Healthcare Access (Mental Health Assistance) Healthcare Access (Mental Health Assistance) Expanded Educational Opportunities Exhibit A: Local Nonprofit Direct Assistance Grant Awards Funding Log Last Updated November 27, 2023 Page 1 TOTAL UNALLOCATED FUNDING: -$ Demographics To Be Served/Use of Funds SCORING PROJECT DESCRIPTIONAPPLICANT/ PROJECT NAME REQUEST/RECOMMENDED Combined Admin & CRC Score (100 max) Service Category COMMUNITY & NEIGHBORHOODS DEPARTMENT COMMUNITY RECOVERY ASSISTANCE GRANTS FOR NONPROFITS 6 United Way of SLC REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:WITHDRAWN 7 The Children's Center Utah REQUEST:100,000.00$ ELIGIBLE:76,923.00$ CRC:76,923.00$ MAYOR:76,923.00$ COUNCIL:76,900.00$ 8 United Way of SLC REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:80,000.00$ 9 Big Brothers Big Sisters of Utah REQUEST:80,000.00$ ELIGIBLE:80,000.00$ CRC:80,000.00$ MAYOR:80,000.00$ COUNCIL:80,000.00$ 10 Odyssey House REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:100,000.00$ Rose Park Charter School 82.33 82.17 82.00 81.20 individuals with substance use disorders, mental illness, and a history of homelessness; AMI <= 40% Harm reduction kits, staff wages, and program supplies Outpatient Clinical Services M. Lynn Bennion School Program and training supplies AMI <= 65% Salaries, fringe costs, fringe benefits, and supplies Title 1 students Title 1 students The program will provide expanded educational opportunities for youth who attend SLCSE M. Lynn Bennion Elementary School by employing the Playworks program, building out a well-being room and expanding experiential learning. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide outpatient clinical services to enhance the emotional well-being of infants, toddlers, preschoolers, and their families to address the mental health crisis exacerbated by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide professional development to volunteers who would bring developmental relationships to underserved youth in Salt Lake City. ELIGIBLE: All costs requested by applicant were determined to be eligible. The Program will provide outreach events, distribution and expansion of harm reduction kits, and healthcare appointments for individuals experiencing homelessness who have been disproportionally affected by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. Salaries, grants, supplies, and training One-to-One Youth Mentoring Harm Reduction & Outreach Program The program will provide expanded educational opportunities for youth who attend Rose Park Charter School by engaging the community, enhancing after-school programs, building out a well- being room, and promoting experiential learning. ELIGIBLE: All costs requested by applicant were determined to be eligible. 81.83 underserved youth; AMI <= 65% Employee salaries and benefits Expanded Educational Opportunities Expanded Educational Opportunities Healthcare Access (Mental Health Assistance) Expanded Educational Opportunities Healthcare Access (Mental Health Assistance) Exhibit A: Local Nonprofit Direct Assistance Grant Awards Funding Log Last Updated November 27, 2023 Page 2 TOTAL UNALLOCATED FUNDING: -$ Demographics To Be Served/Use of Funds SCORING PROJECT DESCRIPTIONAPPLICANT/ PROJECT NAME REQUEST/RECOMMENDED Combined Admin & CRC Score (100 max) Service Category COMMUNITY & NEIGHBORHOODS DEPARTMENT COMMUNITY RECOVERY ASSISTANCE GRANTS FOR NONPROFITS 11 The Road Home REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:WITHDRAWN 12 The Road Home REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:100,000.00$ 13 University Neighborhood Partners REQUEST:100,000.00$ ELIGIBLE:96,500.00$ CRC:96,500.00$ MAYOR:96,500.00$ COUNCIL:96,500.00$ 14 The Children's Center Utah REQUEST:100,000.00$ AMI <= 65% ELIGIBLE:86,923.00$ CRC:86,923.00$ MAYOR:86,923.00$ COUNCIL:86,900.00$ 15 Fourth Street Clinic REQUEST:91,352.00$ ELIGIBLE:91,352.00$ CRC:91,352.00$ MAYOR:91,352.00$ COUNCIL:91,400.00$ Salaries and benefits individuals experiencing homelessness; AMI <= 65% Salaries and benefits individuals experiencing homelessness; AMI <= 65% Salaries, fringe costs, fringe benefits, and supplies Salary and benefits individuals experiencing homelessness; AMI <= 65% 81.17 79.33 Therapeutic Preschool Healthcare Access (Mental Health Assistance) Healthcare Access (Mental Health Assistance) Healthcare Access Healthcare Access (Mental Health Assistance) 81.17 Hartland Education Pathways 80.33 AMI <= 65% Salary, wages, and program supplies Access to Mental Health Services Expanded Educational Opportunities The program will provide improved access to healthcare by assisting individuals with COVID-19 detection and mitigation, and medical service coordination in established homeless resource centers. ELIGIBLE: All costs requested by applicant were determined to be eligible. The Program will provide direct support to individuals with mental health conditions, addiction, and other behavioral challenges that could impact housing stability which has been exacerbated by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. 80.17 Integrated Behavioral Healthcare Access to Health Services The Program will offer services to West side communities hit hard by COVID-19 which include expanding afterschool programming for youth, helping residents apply for household assistance, and offering weekly English courses to aid adults in their education and career advancement. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide intervention to young children ages 2-5 who need additional support beyond their outpatient therapy services to address the mental health crisis exacerbated by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The Program will provide increased access to mental health services to low income, uninsured adults who are or have experienced homelessness to address needs, many of which have been exacerbated by the COVID-19 pandemic. ELIGIBLE: All costs requested by applicant were determined to be eligible. Exhibit A: Local Nonprofit Direct Assistance Grant Awards Funding Log Last Updated November 27, 2023 Page 3 TOTAL UNALLOCATED FUNDING: -$ Demographics To Be Served/Use of Funds SCORING PROJECT DESCRIPTIONAPPLICANT/ PROJECT NAME REQUEST/RECOMMENDED Combined Admin & CRC Score (100 max) Service Category COMMUNITY & NEIGHBORHOODS DEPARTMENT COMMUNITY RECOVERY ASSISTANCE GRANTS FOR NONPROFITS 16 Disability Law Center REQUEST:40,000.00$ ELIGIBLE:34,960.00$ CRC:34,960.00$ MAYOR:34,960.00$ COUNCIL:35,000.00$ 17 Volunteers of America REQUEST:99,605.00$ ELIGIBLE:99,605.00$ CRC:99,605.00$ MAYOR:99,605.00$ COUNCIL:99,600.00$ 18 International Rescue Committee REQUEST:100,000.00$ ELIGIBLE:86,334.51$ CRC:86,334.51$ MAYOR:86,334.51$ COUNCIL:86,300.00$ 19 Asian Association of Utah REQUEST:100,000.00$ ELIGIBLE:92,791.00$ CRC:92,791.00$ MAYOR:92,791.00$ COUNCIL:92,800.00$ 20 Asian Association of Utah REQUEST:100,000.00$ ELIGIBLE:93,010.00$ CRC:93,010.00$ MAYOR:93,010.00$ COUNCIL:60,700.00$ Salaries, wages, and fringe refugees and immigrants, and/or victims of human trafficking; AMI <= 65% Digital Inclusion 77.33 Behavioral Health Support Rental Assistance 76.83 76.00 AMI <= 65% Salary, wages, benefits, and program supplies refugees and immigrants, and/or victims of human trafficking; AMI <= 65% 79.17 Youth Clinician 77.50 AMI <= 65% Salary and fringe youth experiencing homelessness; AMI <= 65% Salary, fringe benefits, and program supplies Disability Law Center Rental and utility assistance, salaries, wages, and fringe benefits Rental Assistance/Eviction Prevention The program will provide individualized advocacy, technical assistance in self-advocacy, information about legal rights, and training to children with disabilities and their families to prevent academic regression from COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Funding will go towards meetings the behavioral health needs of youth ages 15-22, alleviating the behavioral health impacts of COVID-19 by providing clinical services such as crisis intervention, counseling etc. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide linguistically accessible, culturally relevant technology access, training, and support to refugees and new Americans disproportionately impacted by the digital divide as a result of the COVID-19 pandemic. ELIGIBLE: Some costs were determined to be ineligible. Specifically, applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide treatment services to the refugee and immigrant communities who are experiencing behavioral health and/or substance use disorders that have been exacerbated by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will assist city residents who do not meet the eligibility requirements for our other housing grants with rental assistance who have experienced hardships due to COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Mitigating the Digital Divide Healthcare Access (Mental Health Assistance) Rental Assistance/Eviction Prevention Healthcare Access (Mental Health Assistance) Exhibit A: Local Nonprofit Direct Assistance Grant Awards Funding Log Last Updated November 27, 2023 Page 4 TOTAL UNALLOCATED FUNDING: -$ Demographics To Be Served/Use of Funds SCORING PROJECT DESCRIPTIONAPPLICANT/ PROJECT NAME REQUEST/RECOMMENDED Combined Admin & CRC Score (100 max) Service Category COMMUNITY & NEIGHBORHOODS DEPARTMENT COMMUNITY RECOVERY ASSISTANCE GRANTS FOR NONPROFITS 21 Friends of Switchpoint REQUEST:100,000.00$ ELIGIBLE:80,000.00$ CRC:80,000.00$ MAYOR:80,000.00$ COUNCIL:80,000.00$ 22 University of Utah College of Education REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:100,000.00$ 23 Boys & Girls Club of GSL REQUEST:100,000.00$ AMI <= 65% ELIGIBLE:75,043.57$ CRC:54,198.09$ MAYOR:54,198.09$ COUNCIL:54,200.00$ 24 REQUEST:100,000.00$ ELIGIBLE:90,000.00$ CRC:-$ MAYOR:-$ COUNCIL:50,000.00$ 25 Guadalupe Education Center Programs REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:50,000.00$ Salary and fringe individuals experiencing homelessness; AMI <= 65% Salary, wages, benefits, vehicle expenses, and program supplies/equipment Salt Lake Neighborhood Housing Services, Inc. dba NeighborWorks Financial Success Programs: Financial Education and Coaching AMI > 80% Salaries and benefits Title 1 students, teachers, and administrators Employee wages and benefits Guadalupe Early Learning Center Programs Transportation 74.00 Academic Success & Career Readiness 75.00 Expanded Educational Opportunities The program funds a staff position providing TA for school mental health teams to address mental health needs made worse by COVID-19 in Title I elementary and secondary schools in Salt Lake City School District. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide academic remediation and career readiness programming for youth to prevent academic regression due to COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide financial education, one-on-one coaching, and community connections to help individuals acquire the financial skills and behaviors needed for taking control of their finances, decreasing dependence on public assistance, increasing net worth through savings and asset building, and achieving financial self-sufficiency to combat economic struggles due to COVID- 19. ELIGIBLE: This proposal was very broad and may be providing general economic development. 76.00 Rental Assistance/Eviction Prevention 75.83 AMI <= 65% Expanding Mental Health Systems of Support Across Ten Salt Lake City School District Title I Elementary and Middle Schools Other The Point at Fairpark The program will provide case management to individuals who have faced barriers and became displaced due to the COVID-19 pandemic. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. 74.50 Salary, wages, benefits, and program supplies Expanded Educational Opportunities Expanded Educational Opportunities The program will increase overall student attendance in school and participation in the After School program by providing bus services from home to school and home from the After School program to provide academic support and prevent regression from COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. Exhibit A: Local Nonprofit Direct Assistance Grant Awards Funding Log Last Updated November 27, 2023 Page 5 TOTAL UNALLOCATED FUNDING: -$ Demographics To Be Served/Use of Funds SCORING PROJECT DESCRIPTIONAPPLICANT/ PROJECT NAME REQUEST/RECOMMENDED Combined Admin & CRC Score (100 max) Service Category COMMUNITY & NEIGHBORHOODS DEPARTMENT COMMUNITY RECOVERY ASSISTANCE GRANTS FOR NONPROFITS 26 Family Support Center REQUEST:50,000.00$ ELIGIBLE:50,000.00$ CRC:-$ MAYOR:-$ COUNCIL:50,000.00$ 27 Suazo Business Center REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:50,000.00$ 28 The INN Between REQUEST:100,000.00$ ELIGIBLE:70,000.00$ CRC:-$ MAYOR:-$ COUNCIL:31,400.00$ 29 Community Health Centers REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 30 Guadalupe Education Center Programs REQUEST:100,000.00$ ELIGIBLE:73,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ Salaries and benefits individuals with serious health conditions experiencing homelessness; AMI <= 40% Mental Health and Clinical Family Counseling Mental Health Access 72.17 Education Programs - Outdoor Class 72.17 AMI <= 65% Salary and benefits AMI > 80% Construction costs, salary and benefits 73.67 AMI <= 65% Salaries and workshops Healthcare Access (Mental Health Assistance) Other Supporting Underserved and Low-Income Entrepreneurs in Utah 74.00 Latino/Hispanic and minority business owners; AMI <= 65% 73.83 Salary, wages, benefits, and program supplies Healthcare Access Healthcare Access (Mental Health Assistance) Expanded Educational Opportunities The program will provide individual therapy sessions to uninsured individuals not capable of affording services, fund and support Clinical staff with necessary training and certifications, and expand 2-3 more community and group therapy classes each quarter to address mental health struggles exacerbated by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide beginning, intermediate, and advanced business training, one-on-one business advising, business development training, and a microloan program providing long-term support for low-to-moderate-income minority entrepreneurs and professionals throughout Salt Lake City. ELIGIBLE: This proposal was very broad and may be providing general economic development. The program will provide medical housing to homeless adults from Salt Lake City who are medically compromised in some way and disproportionally affected by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide increased access to essential and vital mental healthcare services where cost is a barrier to low-income and uninsured residents of Salt Lake City disproportionally affected by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program help pay construction costs and supply costs for Outdoor STEAM Classroom and salary for a part-time STEAM educator for the outdoor classroom for 2 years to prevent academic regression due to COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Specifically, applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Medical Respite Housing & Hospice for the Homeless Exhibit A: Local Nonprofit Direct Assistance Grant Awards Funding Log Last Updated November 27, 2023 Page 6 TOTAL UNALLOCATED FUNDING: -$ Demographics To Be Served/Use of Funds SCORING PROJECT DESCRIPTIONAPPLICANT/ PROJECT NAME REQUEST/RECOMMENDED Combined Admin & CRC Score (100 max) Service Category COMMUNITY & NEIGHBORHOODS DEPARTMENT COMMUNITY RECOVERY ASSISTANCE GRANTS FOR NONPROFITS 31 Project Connection Utah REQUEST:100,000.00$ ELIGIBLE:90,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 32 Alliance House, Inc.REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:31,400.00$ 33 The Children's Center Utah REQUEST:100,000.00$ ELIGIBLE:76,923.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 34 Create Reel Change DBA Mental Healthy F.i.T.REQUEST:100,000.00$ ELIGIBLE:25,500.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 35 Project Connection Utah REQUEST:100,000.00$ ELIGIBLE:90,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ Workforce Development Intern Program Mental Health Assistance 69.50 AMI <= 65% Program and training supplies Community Mental Health Awareness and Elevation Salaries and program support Respite Program Fund Healthcare Access (Mental Health Assistance) children 0-6 who have suffered childhood trauma; AMI <= 65% Employee wages, program supplies and fees Healthcare Access (Mental Health Assistance) individuals with medical diagnosis; AMI <= 40% Access to Alliance House Salaries and fringe benefits 70.00 AMI <= 65% Healthcare Access (Mental Health Assistance) 70.17 69.33 68.67 underserved communities with unique mental health challenges; AMI <= 65% Program development and training supplies Social Prescribing Program Healthcare Access (Mental Health Assistance) Expanded Educational Opportunities The program will support children ages 7-17 with mental health diagnosis, an opportunity to build relationships, experience their community, connect with nature, and engage in service to combat negative effects of COVID-19. ELIGIBLE: This proposal was very broad in providing nonspecific services to students. The program will provide psychosocial supports and other targeted case management services to low-income, uninsured individuals who have been disproportionally affected by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide mental health services by creating a pipeline of licensed psychologists specializing in Infant/Early Childhood Mental Health (IECMH) to treat mental health issues exacerbated by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will support a series of monthly health community education and awareness events, offering youth workshops to develop youth creativity and conversation to provide support for those disproportionally affected by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide social prescribing services that involve health professionals referring patients to support in the community in order to improve their overall well-being from issues brought by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Exhibit A: Local Nonprofit Direct Assistance Grant Awards Funding Log Last Updated November 27, 2023 Page 7 TOTAL UNALLOCATED FUNDING: -$ Demographics To Be Served/Use of Funds SCORING PROJECT DESCRIPTIONAPPLICANT/ PROJECT NAME REQUEST/RECOMMENDED Combined Admin & CRC Score (100 max) Service Category COMMUNITY & NEIGHBORHOODS DEPARTMENT COMMUNITY RECOVERY ASSISTANCE GRANTS FOR NONPROFITS 36 The Leonardo REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 37 Catholic Community Services of Utah REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 38 Fit to Recover REQUEST:96,275.00$ ELIGIBLE:96,275.00$ CRC:-$ MAYOR:-$ COUNCIL:38,700.00$ 39 UAACC Charitable Foundation REQUEST:100,000.00$ ELIGIBLE:-$ CRC:-$ MAYOR:-$ COUNCIL:-$ 40 Salt Lake Acting Company REQUEST:100,000.00$ ELIGIBLE:34,583.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ REQUESTS:3,833,313.40$ ELIGIBLE REQUESTS:3,317,126.48$ CRC:2,000,000.00$ MAYOR:2,000,000.00$ COUNCIL:2,000,000.00$ Clarification was requested from applicants during and after Committee scoring regarding details related to proposal eligibility. Responses from applicants were reviewed to determine eligibility status. Some proposals were determined to be totally eligible and some partially eligible. Other notes for some proposals note some of these questions. Council Contingency in case Awards are Unable to be Fully Spent: If the unused funds are equal to or greater than $50,000, then the Council will hold a follow up briefing to determine how to reallocate the funds. If the unused funds are less than $50,000, then reallocate evenly to applications that (1) received partial funding, (2) the program/project is scalable, and (3) the applicant confirms they are able to spend the additional award. 57.67 minority children from ages 5 to 9; AMI <= 65% Program supplies and operation costs Supporting Utah's Black Community 65.50 Expanded Educational Opportunities FTR Pillars of Mental Health Minority business professionals; AMI <= 80% Program and training supplies Digital Literacy for Refugees Employee salary and benefits, program supplies AMI <= 65% The program would support the Afterschool Tech Program which counters the negative impacts of the COVID-19 pandemic with on-site, experiential afterschool learning concluding with a community-based project that addresses a real-world problem. ELIGIBILE: All costs requested by applicant were determined to be eligible. 67.00 Salaries and benefits, program supplies 68.00 68.50 recently resettled refugees; AMI <= 40% Employee salary and benefits, program supplies mental health and substance misuse treatment communities; AMI <= 80% Afterschool Tech Program Mitigating the Digital Divide Healthcare Access (Mental Health Assistance) Other Other TOTAL RECOMMENDATIONS/ALLOCATIONS The program will provide access to digital literacy training to recently arrived refugees. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will increase support to treatment centers, create new programs to address youth prevention, and further enhance existing programs and internships to support mental health issues due to COVID-19. ELIGIBLE: This proposal was very broad and may be providing general economic development. The program will provide resources and support for Black entrepreneurs that reside in Salt Lake City to rebuild following the impacts of COVID-19. ELIGIBLE: This proposal was broad and may be providing general economic development. The program will provide children's musical performances to low-income K-2 Title I students and their teachers to engage students and lessen negative effects of COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Title I Arts Education Program Exhibit A: Local Nonprofit Direct Assistance Grant Awards Funding Log Last Updated November 27, 2023 Page 8 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: September 20, 2023 Darin Mano, Chair FROM: Tony Milner, Director, Housing Stability Division Jack Markman, Community Development Grant Specialist __________________________ SUBJECT: Community and Neighborhoods Department, Community Recovery Assistance Grant Program, Community Recovery Committee Recommendations for Allocation STAFF CONTACT: Tony Milner, 801-535-6168, tony.milner@slcgov.com Jack Markman, 801-535-7762 jack.markman@slcgov.com DOCUMENT TYPE: Resolution RECOMMENDATION: Review the Community Recovery Committee’s (CRC) funding recommendations of twenty-three (23) applicants for the allocation of $2,000,000 through Community and Neighborhoods Department (CAN), Community Recovery Assistance Grants (CRAG). Approve funds in accordance with City Code 2.20.040, at the Council’s discretion. BUDGET IMPACT: Distribution of $2M in funding allocated to CAN as American Rescue Plan Act funds in April 2022, and reallocated as general funds in May 2023. BACKGROUND/DISCUSSION: Salt Lake City received $85.4M from the US Department of the Treasury through the American Rescue Plan Act (ARPA). Of this total award, City Council set aside $4M to establish a community grant program to help Salt Lake City recover from the effects of COVID-19 (City Code 2.20.040, passed in April 2022) and tasked the respective departments of Economic Development (DED) and Community and Neighborhoods (CAN) to deploy and administer $2M each. Lisa Shaffer (Sep 21, 2023 10:39 MDT)09/21/2023 09/21/2023 For the $2M in funds administered by CAN, a publicly noticed, open competitive application period ran from September 1-30, 2022, and this portion of funds received forty (40) applications. The Community Recovery Committee (CRC), created through City Code 2.20.040 and composed of current members of other City boards and commissions, reviewed these applications between February and mid-April 2023. During their seven (7) meetings, the CRC scored and put forth their recommendations for twenty-three (23) applicants. Attached is Exhibit B with the funding recommendations. In May of 2023, Council transferred $19.8M of the awarded ARPA funds, which included the $2M for the CAN CRAG towards City revenue replacement general funds. Finance has confirmed that these funds are no longer American Rescue Plan Act (ARPA) funds. Note: City Code 2.20.040 references “Rescue Plan community grant program funds,” and at the time of the open application process and CRC recommendations, these funds adhered to ARPA regulations. The administration of these general funds will continue to align with ARPA regulations as much as possible, along with any additional guidance provided by Council. Award Eligibility Requirements: CAN worked closely with Finance to determine eligibility requirements. The requirements for funding eligibility are as follows: ●A community grant application will not exceed $100,000. Awards will not be greater than $100,000 or less than $30,000. ●Any community grant application must focus on one of the six (6) categories, as outlined in City Code 2.20.040(b): i.Retraining displaced workers ii.Legal or other assistance for eviction prevention or rent relief iii.Expanding educational opportunities iv.Mitigating the digital divide v. Supporting parents or children affected by COVID-19 vi. Providing access to healthcare services, including mental health support ●Any community grant application must provide a direct service to Salt Lake City residents that have been impacted or disproportionately impacted by COVID-19.. ●Any community grant application must abide by all relevant federal, state, and city activity standards and regulations, and any subsequent changes made while applying to the same. Scoring: Eligible applicants were scored on a base-100 scale with the following breakdown: ●One-third of the total score was derived from the Admin Score. The highest possible Admin Score was 35 points. Housing Stability staff and Finance staff conducted an initial application review for eligibility and risk (history of administering federal funding, independent audit findings, key staff turnover, etc.). ●Two-thirds of the score was derived from the CRC’s review. The highest possible Committee score was 65 points. CRC members independently scored the applications, by reviewing each application and scoring in a qualitative manner, that determined overall program merit. Staff aggregated and averaged the individual scores for a final application score. Of the forty (40) applications that were received, thirty-one (31) were determined to be for the CAN CRAG program, based on ARPA guidance and the City Code authorizing the use of the funds. Ineligibility factors included insufficient or lack of: COVID recovery-related activities, direct client services, and/or services to Salt Lake City residents. Due to funding availability, the top scored twenty-three (23) applications have been recommended for funding. The recommended applications have been sorted based on their final scores (highest to lowest). Attached to this transmittal is the CRC’s and the Mayor’s list of funding recommendations for consideration of final funding approval by the Council. PUBLIC PROCESS: A notice of available funding was publicly noticed and all CRC meetings were publicly-noticed in accordance with the Open and Public Meetings Act. EXHIBITS: Exhibit A – Resolution Exhibit B – CAN CRAG Recommended Funding Allocations for Nonprofit Organizations 1 RESOLUTION NO. ________ OF 2023 A resolution adopting funding allocations for the Community and Neighborhoods Department (CAN) Community Recovery Assistance Grant (CRAG) program WHEREAS, the Salt Lake City Council (the “Council”) appropriated general funds in the amount of $2,000,000 to CAN for the CRAG program to be disbursed to nonprofit organizations; WHEREAS, the Division of Housing Stability publicly noticed and administered a competitive application process to solicit funding requests from nonprofit organizations; WHEREAS, the Community Recovery Committee and Mayor reviewed applications and the Mayor recommends that the Council approve the funding allocations for applicants as described on Exhibit A attached hereto; and WHEREAS, the Council does now meet on this _________, 2023 to adopt funding allocations for the CAN CRAG program for nonprofit organizations funds. NOW, THEREFORE, be it resolved by the City Council of Salt Lake City, Utah, as follows: 1. That the Council hereby adopts funding allocations as set forth in Exhibit B attached hereto. 2. That the Mayor, as the official representative of Salt Lake City, or her designee, is hereby authorized to negotiate and execute the grant documents and any other relevant documents consistent with Exhibit A, and incorporating such other terms and agreements as recommended by the City Attorney’s office, and to act in accordance with their terms. Passed by the City Council of Salt Lake City, Utah, this day of _____________, 2023. SALT LAKE CITY COUNCIL By _____________________________ CHAIR Approved as to form: __________________________ Kimberly Chytraus Salt Lake City Attorney’s Office Date: ___________________________ ATTEST: _________________________________ CITY RECORDER September 12, 2023 2 EXHIBIT B Funding Allocations TOTAL FUNDING AVAILABLE: $2,000,000.00 1 Rape Recovery Center REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:-$ 2 Wasatch Community Gardens REQUEST:76,173.00$ ELIGIBLE:76,173.00$ CRC:76,173.00$ MAYOR:76,173.00$ COUNCIL:-$ 3 First Step House REQUEST:100,000.00$ ELIGIBLE:51,322.00$ CRC:51,322.00$ MAYOR:51,322.00$ COUNCIL:-$ 4 First Step House REQUEST:99,908.40$ ELIGIBLE:99,908.40$ CRC:99,908.40$ MAYOR:99,908.40$ COUNCIL:-$ 5 United Way of SLC REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:-$ 6 United Way of SLC REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:-$ 7 The Children's Center Utah REQUEST:100,000.00$ ELIGIBLE:76,923.00$ CRC:76,923.00$ MAYOR:76,923.00$ COUNCIL:-$ 8 United Way of SLC REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:-$ Title 1 students The program will provide behavioral health care to individuals who have suffered from sexual violence, a problem that has been exacerbated during the COVID-19 pandemic. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide job training services to women facing or experiencing homelessness, whose existing economic and mental health challenges have been exacerbated by the COVID-19 pandemic. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide case management for individuals with mental health challenges, substance use disorders, and increased medical needs who have been disproportionately impacted by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Women experiencing homelessness; AMI <= 65% Employee wages, staff wages and benefits Wasatch Community Gardens Rose Park Charter School 82.33 82.17 82.00 Outpatient Clinical Services M. Lynn Bennion School 82.50 Program and training supplies AMI <= 65% Salaries, fringe costs, fringe benefits, and supplies Title 1 students Demographics To Be Served/Use of Funds SCORING Clinical Therapy Services for Survivors of Sexual Violence Case Management Restorative Care Pathways Bryant Middle School Title 1 students Salaries, program supplies, and training Salaries, wages, and fringe benefits PROJECT DESCRIPTIONAPPLICANT/ PROJECT NAME REQUEST/RECOMMENDED Combined Admin & CRC Score (100 max) 87.17 85.00 83.00 82.50 Service Category The program will provide behavioral health treatment for individuals experiencing homelessness alongside substance use disorders and mental illness. This service helped bridge service gaps for the homeless population amidst the challenges posed by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide expanded educational opportunities for youth who attend SLCSE Bryant Middle School by engaging the community, building out a well-being room and expanding experiential learning. ELIGIBLE: All costs requested by applicant were determined to be eligible. COMMUNITY & NEIGHBORHOODS DEPARTMENT individuals with substance use disorders, mental health conditions, and histories of homelessness, incarceration, and unstable employment; AMI <= 40% Salaries and fringe benefits individuals with substance use disorders, mental health conditions, and recurrent homelessness; AMI <= 40% sexual assault survivors; unhoused; AMI <= 65% Staffing salaries and benefits Salaries, grants, supplies, and training Healthcare Access (Mental Health Assistance) Retraining Displaced Workers Healthcare Access (Mental Health Assistance) Healthcare Access (Mental Health Assistance) Expanded Educational Opportunities Expanded Educational Opportunities Healthcare Access (Mental Health Assistance) Expanded Educational Opportunities COMMUNITY RECOVERY ASSISTANCE GRANTS FOR NONPROFITS The program will provide expanded educational opportunities for youth who attend SLCSE M. Lynn Bennion Elementary School by employing the Playworks program, building out a well-being room and expanding experiential learning. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide outpatient clinical services to enhance the emotional well-being of infants, toddlers, preschoolers, and their families to address the mental health crisis exacerbated by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide expanded educational opportunities for youth who attend Rose Park Charter School by engaging the community, enhancing after-school programs, building out a well-being room, and promoting experiential learning. ELIGIBLE: All costs requested by applicant were determined to be eligible. Exhibit B 9 Big Brothers Big Sisters of Utah REQUEST:80,000.00$ ELIGIBLE:80,000.00$ CRC:80,000.00$ MAYOR:80,000.00$ COUNCIL:-$ 10 Odyssey House REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:-$ 11 The Road Home REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:-$ 12 The Road Home REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:-$ 13 University Neighborhood Partners REQUEST:100,000.00$ ELIGIBLE:96,500.00$ CRC:96,500.00$ MAYOR:96,500.00$ COUNCIL:-$ 14 The Children's Center Utah REQUEST:100,000.00$ ELIGIBLE:86,923.00$ CRC:86,923.00$ MAYOR:86,923.00$ COUNCIL:-$ 15 Fourth Street Clinic REQUEST:91,352.00$ ELIGIBLE:91,352.00$ CRC:91,352.00$ MAYOR:91,352.00$ COUNCIL:-$ 16 Disability Law Center REQUEST:40,000.00$ ELIGIBLE:34,960.00$ CRC:34,960.00$ MAYOR:34,960.00$ COUNCIL:-$ 17 Volunteers of America REQUEST:99,605.00$ ELIGIBLE:99,605.00$ CRC:99,605.00$ MAYOR:99,605.00$ COUNCIL:-$ 18 International Rescue Committee REQUEST:100,000.00$ ELIGIBLE:86,334.51$ CRC:86,334.51$ MAYOR:86,334.51$ COUNCIL:-$ 81.17 81.20 individuals with substance use disorders, mental illness, and a history of homelessness; AMI <= 40% Harm reduction kits, staff wages, and program supplies individuals experiencing homelessness; AMI <= 65% Salaries and benefits 81.17 Hartland Education Pathways 80.33 individuals experiencing homelessness; AMI <= 65% Salaries and benefits AMI <= 65% Salary, wages, and program supplies Access to Mental Health Services Expanded Educational Opportunities 80.17 Integrated Behavioral Healthcare 79.33 AMI <= 65% Salaries, fringe costs, fringe benefits, and supplies individuals experiencing homelessness; AMI <= 65% Salary and benefits Therapeutic Preschool Healthcare Access (Mental Health Assistance) Healthcare Access (Mental Health Assistance) 79.17 Youth Clinician 77.50 AMI <= 65% Salary and fringe youth experiencing homelessness; AMI <= 65% Salary, fringe benefits, and program supplies Disability Law Center Rental Assistance/Eviction Prevention Healthcare Access (Mental Health Assistance) 77.33 AMI <= 65% Salary, wages, benefits, and program supplies Healthcare Access Healthcare Access (Mental Health Assistance) Digital Inclusion One-to-One Youth Mentoring Harm Reduction & Outreach Program Access to Health Services The Program will offer services to West side communities hit hard by COVID-19 which include expanding afterschool programming for youth, helping residents apply for household assistance, and offering weekly English courses to aid adults in their education and career advancement. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide intervention to young children ages 2-5 who need additional support beyond their outpatient therapy services to address the mental health crisis exacerbated by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The Program will provide increased access to mental health services to low income, uninsured adults who are or have experienced homelessness to address needs, many of which have been exacerbated by the COVID-19 pandemic. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide individualized advocacy, technical assistance in self-advocacy, information about legal rights, and training to children with disabilities and their families to prevent academic regression from COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Funding will go towards meetings the behavioral health needs of youth ages 15-22, alleviating the behavioral health impacts of COVID-19 by providing clinical services such as crisis intervention, counseling etc. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide linguistically accessible, culturally relevant technology access, training, and support to refugees and new Americans disproportionately impacted by the digital divide as a result of the COVID-19 pandemic. ELIGIBLE: Some costs were determined to be ineligible. Specifically, applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. 81.83 underserved youth; AMI <= 65% Employee salaries and benefits Expanded Educational Opportunities Healthcare Access (Mental Health Assistance) Mitigating the Digital Divide The program will provide professional development to volunteers who would bring developmental relationships to underserved youth in Salt Lake City. ELIGIBLE: All costs requested by applicant were determined to be eligible. The Program will provide outreach events, distribution and expansion of harm reduction kits, and healthcare appointments for individuals experiencing homelessness who have been disproportionally affected by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide improved access to healthcare by assisting individuals with COVID-19 detection and mitigation, and medical service coordination in established homeless resource centers. ELIGIBLE: All costs requested by applicant were determined to be eligible. The Program will provide direct support to individuals with mental health conditions, addiction, and other behavioral challenges that could impact housing stability which has been exacerbated by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. 19 Asian Association of Utah REQUEST:100,000.00$ ELIGIBLE:92,791.00$ CRC:92,791.00$ MAYOR:92,791.00$ COUNCIL:-$ 20 Asian Association of Utah REQUEST:100,000.00$ ELIGIBLE:93,010.00$ CRC:93,010.00$ MAYOR:93,010.00$ COUNCIL:-$ 21 Friends of Switchpoint REQUEST:100,000.00$ ELIGIBLE:80,000.00$ CRC:80,000.00$ MAYOR:80,000.00$ COUNCIL:-$ 22 University of Utah College of Education REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:100,000.00$ MAYOR:100,000.00$ COUNCIL:-$ 23 Boys & Girls Club of GSL REQUEST:100,000.00$ ELIGIBLE:75,043.57$ CRC:54,198.09$ MAYOR:54,198.09$ COUNCIL:-$ 24 Salt Lake Neighborhood Housing Services, Inc. dba NeighborWorks REQUEST:100,000.00$ ELIGIBLE:90,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 25 Guadalupe Education Center Programs REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 26 Family Support Center REQUEST:50,000.00$ ELIGIBLE:50,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 27 Suazo Business Center REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 28 The INN Between REQUEST:100,000.00$ ELIGIBLE:70,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ Behavioral Health Support Rental Assistance 76.83 76.00 refugees and immigrants, and/or victims of human trafficking; AMI <= 65% Salaries, wages, and fringe refugees and immigrants, and/or victims of human trafficking; AMI <= 65% AMI > 80% Salaries and benefits Salaries and benefits 75.83 Title 1 students, teachers, and administrators Employee wages and benefits Guadalupe Early Learning Center Programs Transportation 74.00 Academic Success & Career Readiness 75.00 AMI <= 65% Salary, wages, benefits, vehicle expenses, and program supplies/equipment Expanded Educational Opportunities The program funds a staff position providing TA for school mental health teams to address mental health needs made worse by COVID-19 in Title I elementary and secondary schools in Salt Lake City School District. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide academic remediation and career readiness programming for youth to prevent academic regression due to COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide financial education, one-on-one coaching, and community connections to help individuals acquire the financial skills and behaviors needed for taking control of their finances, decreasing dependence on public assistance, increasing net worth through savings and asset building, and achieving financial self-sufficiency to combat economic struggles due to COVID-19. ELIGIBLE: This proposal was very broad and may be providing general economic development. Supporting Underserved and Low-Income Entrepreneurs in Utah Mental Health and Clinical Family Counseling 74.00 Medical Respite Housing & Hospice for the Homeless 73.67 AMI <= 65% Salaries and workshops 76.00 individuals experiencing homelessness; AMI <= 65% Salary and fringe Rental Assistance/Eviction Prevention Other Rental and utility assistance, salaries, wages, and fringe benefits Rental Assistance/Eviction Prevention The Point at Fairpark The program will provide treatment services to the refugee and immigrant communities who are experiencing behavioral health and/or substance use disorders that have been exacerbated by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will assist city residents who do not meet the eligibility requirements for our other housing grants with rental assistance who have experienced hardships due to COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide case management to individuals who have faced barriers and became displaced due to the COVID-19 pandemic. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Financial Success Programs: Financial Education and Coaching AMI <= 65% Expanding Mental Health Systems of Support Across Ten Salt Lake City School District Title I Elementary and Middle Schools individuals with serious health conditions experiencing homelessness; AMI <= 40% Healthcare Access (Mental Health Assistance) Other Healthcare Access Latino/Hispanic and minority business owners; AMI <= 65% 73.83 Salary, wages, benefits, and program supplies 74.50 Salary, wages, benefits, and program supplies Expanded Educational Opportunities Expanded Educational Opportunities Healthcare Access (Mental Health Assistance) The program will increase overall student attendance in school and participation in the After School program by providing bus services from home to school and home from the After School program to provide academic support and prevent regression from COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide individual therapy sessions to uninsured individuals not capable of affording services, fund and support Clinical staff with necessary training and certifications, and expand 2-3 more community and group therapy classes each quarter to address mental health struggles exacerbated by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide beginning, intermediate, and advanced business training, one-on-one business advising, business development training, and a microloan program providing long-term support for low-to-moderate-income minority entrepreneurs and professionals throughout Salt Lake City. ELIGIBLE: This proposal was very broad and may be providing general economic development. The program will provide medical housing to homeless adults from Salt Lake City who are medically compromised in some way and disproportionally affected by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. 29 Community Health Centers REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 30 Guadalupe Education Center Programs REQUEST:100,000.00$ ELIGIBLE:73,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 31 Project Connection Utah REQUEST:100,000.00$ ELIGIBLE:90,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 32 Alliance House, Inc.REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 33 The Children's Center Utah REQUEST:100,000.00$ ELIGIBLE:76,923.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 34 Create Reel Change DBA Mental Healthy F.i.T.REQUEST:100,000.00$ ELIGIBLE:25,500.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 35 Project Connection Utah REQUEST:100,000.00$ ELIGIBLE:90,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 36 The Leonardo REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 37 Catholic Community Services of Utah REQUEST:100,000.00$ ELIGIBLE:100,000.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ 38 Fit to Recover REQUEST:96,275.00$ ELIGIBLE:96,275.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ Workforce Development Intern Program Mental Health Assistance 69.50 AMI <= 65% Program and training supplies Mental Health Access 72.17 Education Programs - Outdoor Class 72.17 AMI <= 65% Salary and benefits AMI > 80% Expanded Educational Opportunities Community Mental Health Awareness and Elevation FTR Pillars of Mental Health Salaries and program support Construction costs, salary and benefits Respite Program Fund Healthcare Access (Mental Health Assistance) children 0-6 who have suffered childhood trauma; AMI <= 65% Employee wages, program supplies and fees Digital Literacy for Refugees Employee salary and benefits, program supplies Healthcare Access (Mental Health Assistance) AMI <= 65% individuals with medical diagnosis; AMI <= 40% Access to Alliance House Salaries and fringe benefits 70.00 The program would support the Afterschool Tech Program which counters the negative impacts of the COVID-19 pandemic with on-site, experiential afterschool learning concluding with a community-based project that addresses a real-world problem. ELIGIBILE: All costs requested by applicant were determined to be eligible. Healthcare Access (Mental Health Assistance) Expanded Educational Opportunities Expanded Educational Opportunities AMI <= 65% Healthcare Access (Mental Health Assistance) 70.17 69.33 67.00 Salaries and benefits, program supplies 68.00 68.67 68.50 recently resettled refugees; AMI <= 40% Employee salary and benefits, program supplies underserved communities with unique mental health challenges; AMI <= 65% Program development and training supplies mental health and substance misuse treatment communities; AMI <= 80% Afterschool Tech Program Social Prescribing Program Mitigating the Digital Divide Healthcare Access (Mental Health Assistance) Healthcare Access (Mental Health Assistance) The program will provide access to digital literacy training to recently arrived refugees. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will increase support to treatment centers, create new programs to address youth prevention, and further enhance existing programs and internships to support mental health issues due to COVID-19. ELIGIBLE: This proposal was very broad and may be providing general economic development. The program will provide increased access to essential and vital mental healthcare services where cost is a barrier to low-income and uninsured residents of Salt Lake City disproportionally affected by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program help pay construction costs and supply costs for Outdoor STEAM Classroom and salary for a part-time STEAM educator for the outdoor classroom for 2 years to prevent academic regression due to COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Specifically, applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will support children ages 7-17 with mental health diagnosis, an opportunity to build relationships, experience their community, connect with nature, and engage in service to combat negative effects of COVID-19. ELIGIBLE: This proposal was very broad in providing nonspecific services to students. The program will provide psychosocial supports and other targeted case management services to low-income, uninsured individuals who have been disproportionally affected by COVID-19. ELIGIBLE: All costs requested by applicant were determined to be eligible. The program will provide mental health services by creating a pipeline of licensed psychologists specializing in Infant/Early Childhood Mental Health (IECMH) to treat mental health issues exacerbated by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will support a series of monthly health community education and awareness events, offering youth workshops to develop youth creativity and conversation to provide support for those disproportionally affected by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. The program will provide social prescribing services that involve health professionals referring patients to support in the community in order to improve their overall well-being from issues brought by COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. 39 UAACC Charitable Foundation REQUEST:100,000.00$ ELIGIBLE:-$ CRC:-$ MAYOR:-$ COUNCIL:-$ 40 Salt Lake Acting Company REQUEST:100,000.00$ ELIGIBLE:34,583.00$ CRC:-$ MAYOR:-$ COUNCIL:-$ REQUESTS:3,833,313.40$ ELIGIBLE REQUESTS:3,317,126.48$ CRC:2,000,000.00$ MAYOR:2,000,000.00$ COUNCIL:-$ Title I Arts Education Program 57.67 minority children from ages 5 to 9; AMI <= 65% Program supplies and operation costs Supporting Utah's Black Community 65.50 Minority business professionals; AMI <= 80% Program and training supplies Clarification was requested from applicants during and after Committee scoring regarding details related to proposal eligibility. Responses from applicants were reviewed to determine eligibility status. Some proposals were determined to be totally eligible and some partially eligible. Other notes for some proposals note some of these questions. Other Other TOTAL RECOMMENDATIONS/ALLOCATIONS The program will provide resources and support for Black entrepreneurs that reside in Salt Lake City to rebuild following the impacts of COVID-19. ELIGIBLE: This proposal was broad and may be providing general economic development. The program will provide children's musical performances to low-income K-2 Title I students and their teachers to engage students and lessen negative effects of COVID-19. ELIGIBLE: Some costs were determined to be ineligible. Applicant requested operational/revenue replacement costs, which are outside the scope of this funding stream. Item F3 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Allison Rowland Budget and Policy Analyst DATE:December 5, 2023 RE: ORDINANCE: ECONOMIC DEVELOPMENT LOAN FUND LOAN TO OCEAN CITY SEAFOOD MARKET, AT 1701 SOUTH STATE STREET MOTION 1 – ADOPT ORDINANCE I move that the Council adopt the ordinance approving a $90,000 loan for Ocean City Seafood Market from the Economic Development Loan Fund. MOTION 2 – NOT ADOPT I move that the Council not adopt the ordinance, and to proceed to the next agenda item. ERIN MENDENHALL MAYOR LORENA RIFFO JENSON DIRECTOR DEPARTMENT of ECONOMIC D EVELOPMENT CITY COUNCIL TRANSMITTAL _______________________ Date Received: 11-06-2023 Rachel O tto, Chief of Staff Date sent to Council: 11-06-2023 __________________________________________________________________ TO: Salt Lake City Council DATE: October 31, 2023 Darin Mano , Chair FROM: Lorena Riffo-Jenson, Director, Department of Economic Development SUB JECT: Economic Development Loan Fund (EDLF) – Ocean City Seafood Market STAFF CONTACTS: Roberta Reichgelt, Business Development Director, Roberta.reichgelt@slcgov.com Will Wright, Project Manager, William.wright@slcgov.com DOCUMENT TYPE: Loan Approval RECOMMENDATION : The EDLF Loan Committee recommends approval of a $90,000 loan to Ocean City Seafood Market. BUD GET IMPACT: $90,000 from the Economic Development Loan Fund BACKGROUND/DISCUSSION: On October 26 , 2023, a loan request from Ocean City Seafood Market was presented to the EDLF Loan Committee for review and discussion. Ocean City Seafood Market is a local grocer specializing in Asian foods, international foods, and seafood. Basic Loan request Business Name: Ocean City Seafood Market Address: 1701 South State Street Loan Amount Requested: $90,000 Loan Term: 7 years Interest Rate: 9.25% Use of Funds: Solar array and working capital Loan Type: (start-up/expansion) Expansion Council District: District 5 Reasoning behind staff recommendation Applicants of The Economic Development Loan Fund (EDLF) go through a thorough application process consisting of a pre-screening, underwriting analysis, and economic impact rachel otto (Nov 6, 2023 14:09 MST) statement. Only after the loan applicant goes through these processes, is the loan recommended to be reviewed by the Loan Committee members. Upon thorough review of the Loan Committee members a recommendation is made before the loan is transmitted to the Mayor for Council to receive the recommendation for final approval. Because the Loan Committee review process must adhere to the Open Meetings Act, DED’s staff has worked closely with the City Attorney’s Office to ensure that applicants’ information is protected and at the same time the public process is followed. In addition, the EDLF loans must meet the goals of the Economic Development Loan Fund as stated in the EDLF program guidelines. This loan meets the EDLF program guidelines in the following areas. •Increase employment opportunities, •Stimulate business development and expansion, •Encourage private investment, •Promote economic development, •Enhance neighborhood vitality, and •Boost commercial enterprise. T his loan will assist in the creation of 1 new job in the next year and retention of 3 current jobs. T his loan was recommended by the EDLF Committee to the City Council for approval. EDLF Loan Balances 1.As reported from The Finance Department on June 30 , 2023, the EDLF available fund balance is: $8,691,138 2.The amount of outstanding loans total is: $4,486,389.08. EDLF Loan Committee There is a total of nine (9) EDLF Committee members. City Employees: 1.Community and Neighborhoods Finance 2.Mayor’s Office 3.Employee at large 4.Housing Stability 5.Economic Development C ommunity Volunteers: 6.Business Advisory Board (BAB) member 7.Banker 8.Community lender 9.Business mentor Attachments: Terms Sheet and Ordinance LOAN TERM SHEET Applicant : Ocean City Seafood Market Address : 1701 South State Street Proposed Loan Terms Loan Amount: $90,000 Loan Terms: 7 Years Interest Rate Calculation Prime Interest Rate: 8.25% (at the time of application on June 12, 2023) EDLF Charge: 4% Less Discount: 1% for each •Priority Area (State Street RDA Project Area) •SEDI socioeconomically disadvantaged individual business owner •Sustainability Project 65% of loan funds for solar array Interest Rate: 9.25% Use of Funds : Solar Array and Working Capital Business Type: Existing Collateral and Guarantees: Solar Array Personal Guarantees: Hellen Chong Conditions for Closing : Obtain all City approvals, execute all loan documents as deemed necessary by City legal counsel and DED staff, such other terms as recommended by City legal counsel and DED staff. SALT LAKE CITY ORDINANCE No. _____ of 2023 (Ordinance approving a $90,000 loan for Ocean City Seafood Market, at 1701 South State Street from the Economic Development Loan Fund) WHEREAS, Salt Lake City Corporation’s (“City”) Economic Development Loan Fund (“EDLF) is a program to stimulate local business development, encourage private investment, enhance neighborhood vitality, and boost commercial enterprise in Salt Lake City. WHEREAS, the EDLF is administered by the Department of Economic Development (“DED”) and loan applications are first prescreened by DED staff, and then reviewed by the EDLF Loan Committee. WHEREAS, the EDLF Loan Committee and DED staff recommend the approval of the attached loan term sheet for a $90,000 loan to Ocean City Seafood Market, a local business located at 1701 South State Street. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah, that: SECTION 1. Loan Approval. The City Council approves the loan outlined in the Term Sheet attached hereto, subject to revisions that do not materially affect the rights and obligations of the City hereunder. The City Council authorizes the Mayor to negotiate and execute the loan agr eement and any other relevant documents consistent with the Term Sheet, and incorporating such other terms and agreements as recommended by the City Attorney’s office. SECTION 2. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of _____________________, 2023. Darin Mano, Council Chair ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: Sara Montoya, City Attorney October 31, 2023 11/17/2023 11/17/2023 rachel otto (Nov 17, 2023 12:37 MST) Signature: Email: Alejandro Sanchez (Nov 17, 2023 12:18 MST) alejandro.sanchez@slcgov.com ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 11/16/2023 Rachel Otto, Chief of Staff Date Sent to Council: 11/16/2023 TO: Salt Lake City Council DATE 11/16/2023 Darin Mano, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Transportation Advisory Board STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Transportation Advisory Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Matt Gray member of the Transportation Advisory Board. ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 November 16, 2023 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, UT 84114 Dear Council Member Mano, Listed below is my recommendation for the membership appointment for Transportation Advisory Board. Matt Gray to be appointed for a three year term starting from date of City Council advice and consent and ending on September 28, 2026. I respectfully ask for your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor cc: file 9/5/23, 9:17 AM BCA-00508 ~ Salesforce - Unlimited Edition https://slcgov.my.salesforce.com/a7S5G000000wkOZUAY/p 1/2 Close Window Print This Page Expand All | Collapse All BCA-00508 BC Boards and Commissions Application Name BCA-00508 Outcome Board Applied For Citizens Compensation Advisory Committee Case 00100756 Second Choice Owner SLCCRM Third Choice Stage New Profession Salt Lake City Fire Department (Hired August 15, 1985 - Retired February 1, 2019 Firefighter/Paramedic - Captain - Battalion Chief - Assistant Chief Previous contact with board or members Yes Previous Contact Details As a leader in the Salt Lake City Fire department (Assistant Chief)I was involved in annual negotiations with local 81. The CCAC recommendations played a role in coming to reasonable resolution in these labor discussions. How Heard Current Board or Commission member Applicant Applicant James "clair" Baldwin Applicant City Council District Applicant Email jamesbaldwin4862@msn.com Contact James "clair" Baldwin Applicant Phone 8015996531 Contact Email jamesbaldwin4862@msn.com Applicant Address 8303 Hayes Street Midvale, UT 84047 Questionaire Reason for interest in this board I was approached by my good freind Ray Shelble who has served on the CCAC for quite some time. He is stepping down and asked if I might be interested, I very much am. I served the citizens of Salt Lake City for nearly 34 years as a firefighter and am currently retired. I would love the opportunity to once again serve the citizens and firefighters of Salt Lake City. This is a fantastic opportunity to do so. Civic/Professional Org Memberships Salt Lake Firefighters Credit Union Board Member (Current) Utah Joint Council of Fire Service Organizaions (Retired Firefighters of Utah Representative, Current) Utah Task Force 1 (FEMA Team) member 1999 - 2019 Multiple deployments to national disasters. Salt Lake City Professional Employees Council (Vice Chair) Community Service activ. past/present Babe Ruth Baseball Youth Coach 2021 - Present Salt Lake Retired Firefighters Association Vice President Current Camp NAH-NAH-MAH Burn Camp Counselor 2006 - 2021 Volunteer Firefigher Midvale City Fire Department 1982 - 1992 Other Information I know there are many that are qualified for this position. I appreciate being considered and if chosen I will do my best to fullfill the responsiblities expected of me. References Reference 1 Name Karl Reference 3 Name Thomas 9/5/23, 9:17 AM BCA-00508 ~ Salesforce - Unlimited Edition https://slcgov.my.salesforce.com/a7S5G000000wkOZUAY/p 2/2 Reference 1 Last Name Lieb Reference 3 Last Name Gourdin Reference 1 Phone 801-799-4203 Office 801-664-5694 Mobile Reference 3 Phone 382-465-5594 Reference 2 Name Raymond Reference 2 Last Name Schelble Reference 2 Phone 801-244-0156 Demographics Ethnic Group White/Caucasian/Anglo Gender Identity Male Disabled No Veteran No Languages English Samoan (limited0 Housing Own Home ID as LGBTQ No Education Level Some College Created By SLCCRM Site Guest User, 8/22/2023 3:27 PM Last Modified By SLCCRM Site Guest User, 8/22/2023 3:27 PM Copyright © 2000-2023 salesforce.com, inc. All rights reserved. Date/Time Opened Contact Name Subject Description 11/16/2023 12:52 Diane Whittaker Housing initiatives Why is the council voting on the affordable housing proposals that allow fourplexes to be built in R1 zones? Every R1 council district has strongly opposed this yet it remains in the proposal. Are you all trying to get voted out of office? And obviously the council is trying to push this through before a new council is formed in January. This is an outrage. Diane Whittaker11/16/2023 13:01 Cindy Cromer Princeton v. Laird Avenues Dan-I am going to stick with the data and avoid expressing my frustrations with this Planning Commission. Both applications involved meticulous preparation by your constituents. Both had positive recommendations from staff. Both had unanimous positive recommendations from the Landmarks Commission. The applicants did have strikingly different presentations. On Laird, it was a visually wonderful tour of the street. For Princeton, Paula wisely rebutted the arguments in the Commission's decision on Laird. Other speakers did the same, talking about the policies cited erroneously in support of the negative recommendation on Laird. The public comment was overwhelmingly positive at both hearings. I did talk to one person in the audience last night who was opposed but she didn't speak. (She is very frustrated about getting her house fixed. Aren't we all?) It is worth looking at how individual members of the Commission voted on the two proposals, considering that the quality of the applications and the prior recommendations were so similar. Laird opposed to the District: Bitton, Ghent, Tuttle, Christensen, Santos-Rivera supporting the District: Scheer, Burrows, Barry, Gayle Princeton opposed to the District: Bitton, Ghent, Tuttle supporting the District: Scheer, Burrows, Barry, Christensen, Santos-Rivera At multiple times, members of the Commission indicated that the application for Princeton had met all of the requirements. The public comments rebutted the bases for the negative recommendation in Laird. Christensen and Santos-Rivera flipped their votes. I will stop at this point, remembering Thumper's words in Bambi, "If you can't say something nice, don't say nothing at all." Onward, cindy c. ________________________________________ From: cindy cromer Sent: Wednesday, November 8, 2023 9:13 PM To: dan.dugan@slcgov.com <dan.dugan@slcgov.com> Subject: Princeton Ave. Dan-I left shortly after 9:00 when the Commission had voted on the community benefit. Short version: 5 in favor of the District; 3 opposed. Your constituents were amazing. The presentation on Laird Avenue was full of pretty pictures. Paula focused instead on how the Princeton application met all of the requirements. And other people kept it up, confirming the planning staff's analysis. Several members of the Commission said that the proposal met all of the requirements. Yet 3 voted against it. I will compare the votes on the 2 applications tomorrow. Some Commissioners flipped. It's like going to Vegas with this Planning Commission. c 11/16/2023 13:14 Terry Marasco NW Small Area Plan All, what appears as a preference for the Plan (away from conservation and preservation) contradicts the Salt Lake Master Plan. Despite the recommendation from Council V, Petro of a new zoning for the area, what you will encourage is more development that depreciates the area and the Jordan River, and importantly the residents in the area. The council needs to keep in front of them the City's Master Plan for guidance. Additionally, I have been in close contact with many citizens along 2200W and have to assume their inclination is what I have outlined above. Best, Terry Marasco Salt Lake City, Utah Date/Time Opened Contact Name Subject Description 11/16/2023 13:18 Amy Hawkins 1/2 Concerns with West Temple rezone and lack of Ballpark Community Engagement Documented - Item B7 from Nov 7 Meeting Hello City Council Members and Planning Staff, I am writing in regards to the “Ordinance: Rezone and Master Plan Amendment at Approximately 1720 South and 1734 South West Temple” Petition No. PLNPCM2023- 00106 & PLNPCM2023-00380. This was heard as item B7 at a Public Hearing to accept public comment on Tuesday, November 7, 2023 at 7 p.m. at the Salt Lake City Council Formal Meeting, and therefore appeared in the Tuesday, November 7, 2023 Salt Lake City Council meeting materials packet, pages 209 – 238. I am writing for two reasons: I was surprised not to see the letter from the Ballpark Community Council about this project included in the Salt Lake City Council meeting materials packet, and I was surprised not to see any mention that the applicant formally presented their rezone proposal to the Ballpark Community Council at our monthly meeting on April 6, 2023. Planning Staff were in attendance at our Ballpark Community Council Meeting on April 6, 2023. We noted this presentation at our meeting in the letter that I read aloud to the Planning Commission at their July 26, 2023 meeting, and I was told our letter would be included in the Planning Commission’s folder (see below and attached). I am confused because I am comparing the absence of these two pieces of information to item B5 from the same Formal Meeting, “Ordinance: Rezone at 2157 South Lincoln Street,” a proposal that also went before the Planning Commission on July 26, 2023, was presented to the Sugar House Community Council, and had a Public Hearing to accept public comment on Tuesday, November 7, 2023 at 7 p.m. at the Salt Lake City Council Formal Meeting, and therefore appeared in the Tuesday, November 7, 2023 Salt Lake City Council meeting materials packet, pages 127 – 178. On page 142 of the Tuesday, November 7, 2023 Salt Lake City Council meeting materials packet, the presentation and discussion of the “Ordinance: Rezone at 2157 South Lincoln Street” proposal at the Sugar House Community Council is noted in the description of “Public Process”, and the meeting presentation is noted again in the “Project Chronology” section on page 150. Is it standard practice to include noting Community Council presentation meetings in the City Council report? We are disappointed to observe that the Ballpark Community Council meeting where an analogous presentation happened for the Rezone of 1720 South and 1734 South West Temple was not mentioned or described in the City Council meeting packet in either the description of “Public Process” (page 220) or the “Project Chronology” (page 223). In addition, the hyperlinks to the PC Minutes, PC Staff Report, and “PC Meeting of July 26, 2023 Time 1:56:05 to 2:31:04 (Click here)” are not functional on the copy of the City Council meeting packet posted online for the South West Temple proposal. In contrast, the hyperlinks are functional for the equivalent documents for the Rezone at 2157 South Lincoln Street project on page 142. Furthermore, we were surprised to not see the letter from the Ballpark Community Council included in the staff report. Date/Time Opened Contact Name Subject Description 11/16/2023 13:18 Amy Hawkins 2/2 CONTINUED!! Concerns with West Temple rezone and lack of Ballpark Community Engagement Documented - Item B7 from Nov 7 Meeting I read the letter into the record at the July 26, 2023 Planning Commission meeting. I was informed by Kelsey Lindquist in writing (see screenshots below) that the Ballpark Community Council letter was added to the Planning Commission’s folder for their July 26, 2023 meeting. My understanding is that these were the same things Judi Short from the Sugar House Community Council did: read a letter into the record that night (at 1:13:10 in the recording of the Planning Commission meeting from July 26, 2023: https://www.youtube.com/live/X_87avCjAKM?si=sQCbbkapkpfRFOrY&t=4390) and submit it to the Planning Commission’s folder for their July 26, 2023 meeting. Judi Short’s letter on behalf of the Sugar House Community Council was included the Tuesday, November 7, 2023 Salt Lake City Council meeting materials packet, page 170. We are disappointed that the Ballpark Community Council letter, which also describes our public meeting, was likely not part of the Salt Lake City Council Members decision-making process on this rezone. In fact, we did host a conversation with city planner Diana Martinez and the property owner, Larsen Sequist at our April 6th Ballpark Community Council Meeting, which we held over Zoom. Our meeting had 82 attendees and that portion of the meeting lasted about 15 minutes. In the letter, we discuss concerns with structural disparities that are not described in the meeting packet (page 213), which notes that “Concerns cited include no development proposal, parking issues, the 2016 downzone was intended to maintain the core of neighborhood homes.” Some of the structural disparities we noted, and why we requested the Salt Lake City Council to wait to consider a rezone as part of a more comprehensive neighborhood planning effort, which is currently underway, included: “We have 2.4 park acres for our 6,000 neighborhood residents and our tree canopy coverage, measured by census block, matches the lowest category in the city: 1 – 11%. The results of that are the health disparities that you would expect: a noticeable, measurable heat island. When the surface temperatures were last measured by census block in Salt Lake City, Ballpark’s surface temperature matched the highest in the city: 118 – 121 degrees Fahrenheit. Our childhood asthma rates are higher than the city’s average.” We hope to see these documents and our public meeting included in a revised Staff Report. We also hope in the future to work with Planning Staff to see that our community engagement is included in future planning reports. Sincerely, Amy J. Hawkins, PhD Chair, Ballpark Community Council facebook.com/BallparkCC/ 11/16/2023 16:38 Kelly Stevens Salt Lake City What are you trying to do to your citizens? Develop super high density unaffordable housing. Case in point the ridiculous townhomes on third avenue that are currently in the market for 1.5 million. Over building ugly apartment complexes to the point where rents are dropping and it’s more difficult for small landlords like me to rent out actual modestly priced apartments. That doesn’t make any sense. Take away driving lanes for cars to make room for non-existent bikers. AND add poorly constructed speed bumps ALL OVER THE CITY to make it impossible to get around. The speed bumps along 11th Ave were at least constructed properly. The situation in Sugar House is so ridiculous that they are halting construction over the holidays so people can get around. Wow! Thank you! But this was another time with a competent mayor. You’re making the city uninhabitable. The pro-development, anti-car mentality might sound good on paper but it doesn’t work for the people who live here. Kelly Stevens Date/Time Opened Contact Name Subject Description 11/17/2023 12:21 Keenan Peters Speed Bumps in the 15th and 15th area Hey Mr. Dugan. First of all, I'd like to say I like what you've done lowering the speed limits in the 15th and 15th area. I think it creates a safer space for walking, biking and general pedestrian usage. The speedbumps being put in on 13th south are also a good addition. I have lived on Harrison Avenue, between 15th East and 16th East my whole life and people speed on this street like it's their profession. The interaction of 16th East and Harrison is one place where I think there is potential for someone to get hurt. Due to it being a common route for kids to take while walking to Uintah Elementary school and the amount it's used by walkers, I think it would be beneficial if it were turned into a 4 way stop or a raised crosswalk was put in. By breaking up the long straight street of Harrison between 17th east and 15th east it would make our community a little bit safer. If you have any questions feel free to reach out here through email or by phone through call or text. Thank you for your time, Keenan Peters 11/17/2023 12:25 Chris and jeri Storbeck Proposed University of Utah Baseball Facility ** Attachment 1 Mr. Dugan, Many people in your district have concerns about the proposed expansion of the University's baseball facility. I've sent a letter to the Mayor that identifies some of the potential problems. I've attached that document for your use. As our representative, please act on our behalf to oppose this expansion at Sunnyside Park, and to encourage the university to locate this facility elsewhere. Thank you, Chris Storbeck 11/20/2023 16:44 Jeffrey Campbell Affordable housing incentives Please, our infrastructure can’t handle the traffic and parking problems we already have. More people in the eastside neighborhoods will only exacerbate the already existing problems. More people is NOT the answer. Salt Lake City is already overflowing. Put a stop to it. 11/20/2023 16:49 Kevin Childress Affordable Housing Incentives I am against this program of allowing 3 plex, 4 plex, row housing, and cottages being zoned for what are now single family areas. Adding high density housing to areas currently zoned for single family and duplexes in Salt Lake City will lead to parking problems which we are already experiencing. Half of the parking on 15th east has been removed to make a bike path, adding to the number of cars parking on the streets feeding into 15th east. In addition the city passed zoning to allow people to add apartments on their property. Again adding to the parking problems and overcrowding of the neighborhoods. Many of the people who live in these areas are drawn here due to the culture and homes in the area. I believe high density housing should be limited to areas of non single family housing. Kevin Childress 11/20/2023 16:57 Gary Bergera IMPORTANT 400 North and I-15 Underpass Dear Members of the City Council: I write in regards to the possible development of an underpass at 400 North and I-15. I understand that this may be a state matter. I also understand that the state may invite your input. I ask that you not recommend opening up 400 North at I-15 and developing an underpass here. I live on 400 North, about a block and half east of I-15. As many of you know homeless camps and crime are factors we who live here have to deal with. Opening an underpass at I-15 and 400 North would create many more problems than it would solve. Camping and camp-related trash would proliferate. Illegal activities (drug use, public urination, public defecation, public solicitation, etc.) would occur. You need only consider what happens on the Folsom Trail and on the Jordan River Trail (at North Temple) to envision the kinds of problems an underpass would generate. Please, for the sake of those of us who live adjacent to the proposed underpass, oppose this plan. Thank you for your time and consideration. Sincerely, Date/Time Opened Contact Name Subject Description 11/22/2023 23:59 Garland Monroe High cost of housing. I relocated to Salt Lake City from the Midwest. The Chicago metropolitan area to be exact peri did so because of the abundance of jobs you have in the city and state. however, upon arriving here, I soon became homeless because of the astronomical cost of renting an apartment in this city. . through hard work and dedication. I did find an apartment Rick. But I want to tell you. It was extremely difficult to maintain an apartment and provide other essentials for myself. I have seen. New apartment buildings going up all around me. I just hope that the people in this area can afford to live in. These apartments. not everyone can afford. $1213114100 for rent. that's ridiculous salaries do not match. What it takes to live in an apartment in Salt Lake City. The city needs to satisfy so many units for low-income working people. I consider myself part of the working poor I work every day, but trust me, I am poor. 11/28/2023 10:47 Nigel Swaby 400 N and I-15 opening ** Attachment 2 Councilmembers, Here's a link to a letter regarding the community's feeling about building an opening under I- 15 at 400 North. https://docs.google.com/document/d/1HEOayBLQEuTzar9AwcP1OwVBkPVeo21H9Ryo4xS4mhY/edit?usp=shar ing We'll be getting a report from Smart Growth America by Dec. 2 that will likely match these concerns. I think it's smarter to look at 1000 N for real connectivity. Nigel11/28/2023 10:54 Taylor Olney 400 Underpass Chris, I just sent this but my work email said it was blocked. I wanted full transparency and wanted to make sure you got it. Hey Ale My name is Taylor, we have met a few times before. Both in and out of the politics arena. I know I do not live within your district but I read your statement today in support of some type of underpass at 400N. I have got to say that I am very disappointed in how you have responded to this issue. Your only example given for support was a pickleball club saying they like the idea. Aren’t there pickleball courts at the rec-center already? Is it too personal to ask where those members live? Have you walked and talked to the neighbors that will be directly impacted daily by this decision or are you only going off of what the club has said? I have talked to almost every neighbor on this street and the screaming majority is very against any type of underpass. In all of our eyes, the cons out way the pros. Who will take care of this? Who will clean it? If there were to be illegal activity under the freeway, free from the weather. Who will patrol it? Living less than a block from this area, I believe I will have to be the “hall monitor” of whatever goes here. NeighborsWorks has been actively against this and the Fair Park Community Council has also voted against this. Please do a survey of the people nearby before making an official statement and taking an official stance. I will gladly go door knocking with you if you would like to coordinate a time. We are going tomorrow if you would like to join. 11/28/2023 11:19 Emily McKenzie 900 west and 1300 south I don’t know whose idea it was to add bike lanes and make it so you don’t have a separate right turn lane, but it was not thought through. It has caused way more congestion and some mornings all the way down to Glendale middle school. Then you have people who want to turn left and drive up the left turn lane as if it’s a lane. Causing a hazard. Then buses that need to turn right have to go into the left turn lane to clear the barriers. If there is a car in the left lane then the bus has to wait for the light to change and the cars to move, causing more back up. It is a nightmare. Especially in the morning when people need to get to work. Sometimes the only option is 1300 south because of a train or all the way to 400 south. This did not help. This isn't what we need on the west side. Little projects like this. We need more and better grocery stores. More bridges and help with our pollution. Not this. I love living in Salt Lake but we on the West Side get neglected or get crazy projects like this that don't help. Please look into it. Thank you Emily McKenzie Glendale Resident Date/Time Opened Contact Name Subject Description 11/28/2023 16:44 Shane Franz Comment regarding affordable housing Hello, I wanted to offer my comments regarding the affordable housing issue. I am a property owner/investor and have several rental properties in Salt Lake City. One thing that makes it hard for my tenants to afford rents are high property taxes. There seems to be an unwavering appetite to increase property taxes and "everyone just damn well better have it". I've had many tenants leave due to the increases I've had to pass along. (An older veteran, a PhD student, and others.) It seems that I'm being penalized for fixing up the properties and making the apartments nice to live in. Similarly, derelict properties have much lower taxes. Why not just tax based on square footage, rather than some arbitrary value someone assigns? The taxes are amongst my highest single expense, behind mortgages. Nearly 10% of the rent goes to paying high property taxes. Another thought. It seems that SLC has proposed (and implemented) a strategy to build more apartments in an attempt to flood the market and lower rents. While this could have a temporary effect, it ignores a bigger issue. People grow financially by being able to own their homes. This could even be accomplished by buying an apartment as a condominium. As it is, SLC is making other investors rich by implementing housing investments, vs. allowing individuals to build equity. (Some of those investors are even sovereign, foreign wealth funds.) Do we really want this? I would propose that we only allow building units that can be sold to individuals and used as homes. If there is a way to take new buildings and convert those to condominiums all the better. Thank you, Shane Franz 11/28/2023 16:45 Shane Franz Comment regarding affordable housing - Part 2 On additional comment. Another issue that seems to really serve to keep rents high are arcane preservation laws. A key case-in-point are historic windows. I've been pestered by the City about windows that have been replaced on buildings I own and the windows were changed long ago. I had an inspector threaten to "force" me to change the windows back to historic windows. I had a bid to do so for my four-unit building, and it was $45,000. Imagine the rent increase I would have to force the tenants to burden to recover a $45k investment in windows. I wish to point out that I do have one building with original windows, which I personally worked to restore. The windows are still drafty, don't function very well, and the whole building could benefit from replacement to modern windows. The old windows are not at all energy efficient, which goes in sharp contrast to our City's energy conservation goals. And to top it off, SLC shows their lack of care for the avenues historic character by authorizing new rowhouses that look like 1970's bank buildings or Starbucks drive throughs (eg. the new construction about 900 E 3rd Avenue.) We really need to think about some of these laws and make some adjustments. 11/30/2023 11:02 Keiko Jones P.S. to my email re: 400 N underpass Council Member Puy: I’ve read the SLTrib article about pickleball courts. Glendale and PG residents want pickleball courts, and they are getting them in their neighborhoods. Good for them. Have you talked to any Guadalupe or Jackson residents? Do you truly understand what their concerns are? Have you offered any solutions to their concerns? You have NOT talked to me or any of my neighbors. Please stop trying to please people in Glendale and PG (wider “constituents” in your district) by sacrificing outside of their areas. If they want it, they should have it in their neighborhood. There is no such demand from the neighborhoods (especially under the freeway) that are closest to the impacted area. Please stop using “Westside” to make it sound like every neighborhood on the west side. As long as you try to build what someone wants on someone else’s sacrifice, you are taking an easy way as a politician (like what UDOT is doing). Being a good person is much harder than that. I am so very disappointed with you. I’m sorry I probably sound harsh. Ale, I’m much older than you, and I do not want you to use the condescending language you used before toward me. You seem to think being an “elected official” carries a lot of weight, but please try to remember you are a civil servant. You represent everyone, not just people who agree with you. Keiko Jones Date/Time Opened Contact Name Subject Description 11/30/2023 15:05 Melissa Lichtenstein Rezoning in Sugarhouse Business District Melissa called because she is concerned because a developer purchased old Wells Fargo in Sugarhouse business district – 1095 E 2100 S. She says they have submitted a site plan and are proposing new zoning for the area that would allow the building to be 300 feet tall, taller than anything else in the area. She is concerned that this will add too many cars and traffic in the area. She says that riding trax is not feasible and people in the area still use cars and contribute to the traffic. She would like to encourage CMs to come to the area to look at the new street design or drive around Brixton apartments to see that people who are close to trax still use cars. She had additional concerns about trax not being able to take people where they need to go reasonably. I told her I would share her concerns with Council Members and encouraged her to attend the Council meeting when the rezoning item she mentioned has a public hearing 11/30/2023 15:46 Anonymous Constituent A safe place to rest your head I think its important to remember that the homeless problem has increased significantly. and alot of the increase are people that are disabled and senior citizens. Theses are human beings vunerable people . This is wrong and if you have the voice or power that can change what is going on then you should 11/30/2023 17:36 Anonymous Constituent Affordable housing It is becoming near impossible to find an apartment for a reasonable price, for a single person with 2 cats. I live in and work in the downtown area. All the new places being built up are unaffordable, and most don't allow pets. I rent in an older building, and still, my rent has gone up from $650 to $1100 in the last 7 years. The new places want more than that for just a studio apartment. Please, make some sort of law that protects long-time renters from being charged more every year. NYC did it. SLC can, too. 11/30/2023 17:53 Maun Alston NYTimes.com: Here’s How Houston Is Fighting Homelessness — and Winning Houston has been way ahead of nearly every US city experiencing homelessness for many, many years. I’m enclosing the link you can use to access the article. It’s all about Housing First and having capacity. Thank you. Maun R. Alston Check out this article from The New York Times. Because I'm a subscriber, you can read it through this gift link without a subscription. Here’s How Houston Is Fighting Homelessness — and Winning Houston demonstrates what should be obvious: that a wealthy society doesn’t have to accept as inevitable throngs of people sleeping on sidewalks. https://www.nytimes.com/2023/11/22/opinion/homeless-houston- dallas.html?unlocked_article_code=1.CU0.BVzg.h3NnAPr6NiA3&smid=em-share 12/1/2023 11:29 Lynn Pershing City transmittal of Laird Heights Local Historic District to City Council Good morning City Councilman Dugan and D6 Liaison Barton The Laird Heights LHD was supported by a whopping 84% of the property owners who returned voting ballots. The tally results have been sent to the Mayor's Office for approval. It is unclear what the required pathway through CIty Department/Offices is for LHD submissions, before it reaches the Mayor's desk and final transmittal by the Chief of Staff. Can you inquire about 1. Mayor Office receipt of the SL Recorder's Office report on Laird Heights LHD ballot support? 2. What City department/offices must approve the Laird Heights LHD submission? 3. Where it is now? 4. The anticipated time required for a transmittal letter to be sent to City Council Staff so that the issue can be added to a City Council Agenda? Many thanks for your help in this matter. -- Lynn K. Pershing, Ph.D. 12/1/2023 14:02 Anonymous Constituent Redistricting R1 Zones Please, please do not redistricut R1 Zones into multi-family housing. Provide incentives for families to move into the Ballpark, Central City and Rosepark Neighborhoods. We need housing for families which offer a permanance to neighborhoods. Instead of looking at disrupting our land, look at ways the city could solve this problem using city-owned land. I'm so tired of going to meetings, offering comments and being ignored by the city council. Remember who you work for, the citizens of Salt Lake City who have repeatably told city planners and the council that we DO NOT WANT R1 neighborhoods re-zoned. 12/1/2023 17:06 Karen Haynes Support for the zonning change Hello, My name is Karen and I just want to vote my voice to support the rezoning of the ward property. go ahead and do it and get it done. Thank you! Date/Time Opened Contact Name Subject Description 12/1/2023 17:12 Joy Waldron Rezoning by the Mcgilla School Hi I've lived here in SLC for over 60 years and I'm calling to say that I am so in favor of the rezoning by the Mcgilla school, This building has been good to the neighborhood and I am totally in favor of the rezoning. It's been sitting there for so long. Thank you for your consideration. Thank you! 12/1/2023 17:15 Kara Cope Fleet Block Hi, I want to reiterate the fact that you claim you’re listening to your constituents and the family members of the murdered police victims. Clearly you aren’t. I don’t understand how hard it is for you to understand that the murals need to be preserved or redone permanently in that same space. You keep asking the same question and getting the same answer and then you ask the same question again. That tells me that you’re not listening. You won’t be happy unless everything is apartments with unaffordable stores and restaurant chains at the base of them. Your council and your leadership are a disgrace to Salt Lake City. Wise up and listen to what your constituents are telling you to do. Preserve the murals; it’s that easy. Regards, Kara Cope 12/1/2023 17:16 Aleyzia Grant Fleet block Hello I am emailing you in regards to the fleetrock building Ive been following up on this building since I've heard it was in process of possibly getting tore down and I've brought it to the council attention about turning that into a center for giving back to the kids / community I have many ideas I would love to share 12/1/2023 19:29 Robert Spigle Affordable Housing Incentive The proposal by Mayor Mendenhall ostensibly for affordable housing is ludicrous. Passage of the proposal would not help affordable housing in Salt Lake City at all. Instead it would simply increase profits for developers. Incentives are useless. Every housing development in Salt Lake City should require some percentage of the available units be affordable to minimum wage workers. And yes this should be retroactive to existing structures (otherwise developers will just scrape a lot and call it an "upgrade" to an existing structure). Fines should be substantial enough that scoff-laws do not profit. Rent control should be re- established as legal in the City of Salt Lake. At the very least any business that accepts tax incentives should be required to meet these requirements and be subject to subsequent fines for non-compliance. 12/1/2023 21:35 Anonymous Constituent housing make housing affordable! 12/3/2023 16:28 Anonymous Constituent Rent Costs i have two single Mom daughters. 5 little kids between them. one is the working poor. she even has an autistic son but cant qualify for any help whatsoever! she cant afford the rent in her mobile home anymore so my single son had to move in with her or she would have been on the street where many single Moms will be soon. when she moved into the mobile home community tje rent was like $500 a month for the piece of cement her home sits on. she now has to come up with $1,200 a month which she cant. its ridiculous tjat it has gone uo that much! when the economy keeps going up but incomes dont, what are they supposed to do? something has to give or we are going to have tons of empty apartments and tons of homeless Moms and children! people are suffering that have good jobs and should be able to make it! My husband and i arw having to buy food for most of our adult children which has put a huge strain on us. My hisband is 68 and should be able to retire but now he cant because most of pir savings is now gone trying to keep our kids and grandkids from being homeless. They need to fix the qualifications for help to coinside with yhe prices of everytng ridiculous! p Please help!!! There are so many suffering from this awful economy! 12/4/2023 10:00 Anonymous Constituent affordable housing Housing is to expensive it toke me 2 months to find something affordable and it’s a shared space it’s been like this for the past two years working a 9-5 40 hours a week is barely enough to afford housing it’s making it impossible to safe money because i have to spend 60% of my income for somewhere to live I have a full time job yet I almost became homeless cuz moving and finding a place to live is just to damm expensive we need to fix this if middle class citizens can barley afford housing.12/4/2023 16:56 Julie Foster Multi Family RMF-30 Zoning District Hello, I'm calling to totally against the Proposed Changes to RMF-30 Zoning. This is a big NO to this. You will put the rocks into that area and it will be breaking the resident's home and if that happens I will sue you. And I don't need my taxes to rise up. This is for the Dec 5 public comments and This is represented by Alejandro Puy. It's a big No! Goodbye. Date/Time Opened Contact Name Subject Description 12/4/2023 17:05 Gabieal Orion Againt RMF-30 ZoningDistrict Hello, I'm calling because I am not supporting the RMF-30 Zoning because this area is a residential single-home area and our land is built on land. we are on the sand if you build an apartment or a condominium it will do no good to the people's houses. The traffic is getting worse and everything is getting worse already. There's no privacy and you can't build this because there will be a lot of angry people. I can't make it to the meeting but this is my comment. If you need to, you can give me a call. thank you, Bye! 12/4/2023 17:07 Anonymous Constituent Mcgillis school Hello I'm calling in regarding of PLNPCM2023-00172 TAG 1380 Zoning - the Mcgillis school and I approved this. Thank you 12/4/2023 17:11 James Roberts McGillis Hello, I'm calling to support the zoning change on the McGillis School and the property at 721 S 200 E I am for this zoning change on this. Thank you 12/4/2023 17:14 Susan Toronto McGillis school and church Hello, I'm in favor of the zoning for the McGillis school and the church on 721 S and 1200 E my backyard is right behind the church, and McGillis school has been a good neighbor and I'm pretty much in favor of this. Thank you 12/4/2023 17:17 Diana Telfer Petitions PLNPCM2023-00496 & PNLPCM2023- 00639 To Whom it May Concern, I reside at REDACTED. I am in favor of McGillis’ proposed general plan and rezoning changes to allow McGillis School to use the property located and 711 and 721 South 1200 East. Diana 12/4/2023 17:18 Dominique Salazar PLNPCM2023-00172 TAG 1380 Zoning Good Afternoon, My name is Dominique Salazar, I live at REDACTED. I am opposed to the rezoning of the 3 properties located at 1380 S 900 W, 1361 S. 1000 W, and 1367 S. 1000 W. We do not need to rezone this to a Low Density Multi-Family Residential. We do not need to add more traffic in front of our elementary schools where kids already have a difficult time crossing. Also, with this already being a busy area and the changes made to the intersection of 900 W and California Ave. traffic is backed up bad enough as it is with more wrecks, we do not need to add more traffic, especially with the proposed 20+ units. This is not just adding a couple houses on the property this is adding a large number of people, cars and traffic. Parking is limited as it is and with the additional housing/ unites will cause a bigger issue then we already have. With the recent fire of the property at 1380 S. 900 W dose need to be tour down and rebuilt but not with more housing. I already have a difficult time getting out of my driveway and by rezoning these properties opens the area up to the opportunity for developers to by out house and build large apartment units which we do not need. Thank you Dominique Salazar Account Manager 12/4/2023 17:21 Eric Herschthal preserving Police Brutality murals at Fleet Block Dear Mayor Mendenhall, I'm writing for clarification on recent developments concerning the Salt Lake Police Brutality Murals in the heart of our city. Given the significance of these murals in reflecting community concerns, I am curious about the apparent conflict between your platform and the actions taken. Could you provide insight into the decision-making process that led to the current stance on preserving these murals? Furthermore, considering the importance of the preserving the murals, have there been discussions on exploring its potential for serving the community's vital but basic needs? This could involve repurposing the space to address essential community requirements. Additionally, I am interested in understanding the estimated cost of restoring the building and the murals. Knowing this information would help the community better grasp the financial considerations involved and potentially explore collaborative efforts to fundraise or support the restoration process. I appreciate your time and attention to these concerns. As a member of the community, I believe transparency and open dialogue are crucial in addressing such matters. I look forward to your response and the opportunity to contribute to a constructive resolution. Best regards, Eric Herschthal Date/Time Opened Contact Name Subject Description 12/4/2023 17:22 Leverett Woodruff 1/2 Comments regarding the December 5 vote on rezoning Fleet Block Good afternoon, I would like to submit a public comment regarding the upcoming vote on rezoning the Fleet Block. The families of police brutality victims who are memorialized on the Fleet Block buildings have expressed their desire to preserve their loved ones' portraits. They have also expressed their strong wish that Fleet Block be transformed into a space that serves the community, with resources to connect unsheltered, low- income, and otherwise vulnerable Salt Lake residents to affordable housing, food assistance, shower, restroom, and laundry facilities, help with job searches and skills training, physical and mental healthcare, and other basic needs, as well as preserving the murals. I want to lift up and add my voice to these calls for a community space at Fleet Block and urge you to focus any redevelopment efforts on making such a community resource space a reality. Salt Lake City government has stated that you have prioritized listening to the families' wishes and incorporating them into redevelopment plans for Fleet Block. The Fleet Block Rezone website currently has the below response to the FAQ question, "Is there a way to build in protections into the zoning for the murals as the space transitions into a "Form-Based Urban Neighborhood"? Could the City include requirements to preserve the murals in the sale agreement of the property?" It is too soon to tell. Since Salt Lake City owns a majority of the Fleet Block, as well as the buildings where the murals are located, there may be options. However, the walls where the murals were painted are hard to save because of the material, and future development is an unknown component. City officials have heard the public's input about the significance of the murals, and value the important community messages that the murals create. In light of balancing the unknowns with the interests of the involved, the Council requested a future conversation to discuss various options to create a memorial space, or how to incorporate the murals into the design, if it is possible to save them. Options may include: • designating a part of the property as a park, • requiring any future property owner to memorialize or integrate a memorial into a public space, or • establishing a public area for art and social expression. However, the email sent by the City Council on Thursday to announce the December 5 planned rezoning vote contradicts this and clearly states that saving the murals is not an option: We know the murals have served as an important memorial for the families who have lost loved ones. While a timeline is not set, the future development will lead to the demolition of the existing buildings, which include the murals. However, a memorial space will be included in the future of the block and commissioned artwork will be included in the public open space on the southeasternmost of the block. 12/4/2023 17:22 Leverett Woodruff 2/2 CONTINUED!! Comments regarding the December 5 vote on rezoning Fleet Block Sending out two different messages through different venues is not a good-faith effort to respect and respond to the community's wishes, especially the wishes of those most impacted by the future redevelopment of Fleet Block and who have put a lot of time and effort into cleaning up and caring for the space. I urge you to ensure that any redevelopment proposals include the option of renovating the building that hosts the murals as a community resource space like the families of those memorialized there have asked for. To completely take that option off the table is not honest engagement with your constituents' expressed wishes, and will make it harder for the city government and constituents to work together with mutual trust and respect in future. Thank you for your consideration. -- Regards, Levy Woodruff Date/Time Opened Contact Name Subject Description 12/4/2023 17:24 Jim Pechmann Affordable Housing Overlay Plan Dear Salt Lake City Council Members: It is a terrible idea to allow single-family homes to be replaced with triplexes and four-plexes in neighborhoods which are not designed for this level of population density. Furthermore, a likely result of this change in the zoning laws is that real-estate developers will outbid young families for most houses in residential neighborhoods that come up for sale. The developers will then replace these houses with four rental units in order to maximize their profits. Salt Lake City should instead be doing all it can to help its residents own their own homes. Home ownership is an important key to long-term financial stability for most citizens. Also, people who own their own homes will generally take better care of them than absentee landlords, and are more invested in their communities. Please remove this proposed zoning change to residential neighborhoods from the Affordable Housing Overlay Plan. Sincerely, James C. Pechmann Judith B. Pechmann 12/4/2023 18:54 Dan V Carvajal Affordable Housing Incentives Proposal Dear Councilmember Mano, As a resident of your district, I am writing to express my support for the proposed Affordable Housing Incentives. As you know, a lack of housing is creating a generational challenge for our city and we need to create affordable housing in neighborhoods throughout the city. Nearly every day, I think about the cost of housing for myself, current, and future generations. We must do more. These incentives are another important policy that would, over time, increase the supply of affordable housing in neighborhoods like ours. I believe that the Affordable Housing Incentives need to be passed so that all types of households can benefit from living in our city. I hope you’ll vote in support of these essential incentives. I appreciate your attention and your service to our city. Thank you, Dan Carvajal 12/4/2023 18:56 Kayla Harris ADU Amendments/D5 Hello again Darin! I’m writing ahead of tomorrow’s affordable housing incentives vote. As you know, a lack of housing is creating a generational challenge for our city and we need to create affordable housing in neighborhoods throughout the city. These incentives are another important policy that would, over time, increase the supply of affordable housing in neighborhoods like ours. I believe that the Affordable Housing Incentives need to be passed so that all types of households can benefit from living in our city. I hope you’ll vote in support of these important incentives. I appreciate your attention and your service to our city. Thank you, Kayla12/5/2023 8:46 Alex Taft Please vote for Affordable Housing Initiatives Darin, I am hoping you will support the initiatives. I am pleased with the council’s progress on encouraging more housing in the city. By the way, the 800 E neighborhood streets project is fantastic. Thanks Alex Taft 12/5/2023 12:59 Tim Funk Congratulations/D6 Hi Dan, Congratulations on your outstanding city council election victory. A wise Utah Attorney General told me once that any victory of one vote or more was outstanding. And every vote in addition was cause for true and continuing celebration. Three opponents and you whipped ‘em proper. Considering all the signs and literature it is even more impressive. The mayor too. Haven’t seen any voter cross analysis but I bet you helped each other. Good job. By the way the new speed bugs in the neighborhood are a real pain in the axle. Just like they are supposed to be. I am greatly encouraged every time I see one of the fast moving drivers on 1300 South or 2100 East take a giant bump. Slows everything right down. Just as it is supposed to. Happy Holidays to you and yours. We promise to bug you soon into the New Year. Best regards, Tim Fink Crossroads Urban Center 12/5/2023 13:01 Sue Wiesley Lowered speed limits/D6 One of your delivered promises, according to your flyer, was lowering the speed limit to 20 mph. You accomplished that goal. Unfortunately unless there is enforcement of this new speed limit, lowering the speed limit didn’t accomplish anything. 12/5/2023 13:46 Dave Brach FW: (EXTERNAL) affordable housing incetives As a resident of your district, I am writing to express my support for the proposed Affordable Housing Incentives. Please vote to approve! This will be a very important tool for owners and developers in the ongoing quest to provide housing opportunities and increase density in the single family residential neighborhoods. I appreciate your attention and your service to our city. Dave Brach & Cari Pinkowski & Georgia Brach Date/Time Opened Contact Name Subject Description 12/5/2023 13:51 Catherine Mortimer FW: (EXTERNAL) Support for Affordable Housing Incentives Dear Councilmember Puy, As a resident of your district, I am writing to express my support for the proposed Affordable Housing Incentives. Anything we can do to alleviate the growing housing costs, east west divide, and usher in a cultural conversion to a more communal life for city dwellers. As you know, a lack of housing is creating a generational challenge for our city and we need to create affordable housing in neighborhoods throughout the city. These incentives are another important policy that would, over time, increase the supply of affordable housing in neighborhoods like ours. I believe that the Affordable Housing Incentives need to be passed so that all types of households can benefit from living in our city. I hope you’ll vote in support of these important incentives. I appreciate your attention and your service to our city. Thank you, Catherine Mortimer 12/5/2023 13:52 Elliott s. Hansen Neighborhood bar conditional use permit Dear Ms. Hall, Mayor Mendenhall, Councilman Mano, SLC Council members, and ELPCO council members, I urge you to support the Bloq 11 Barcade conditional use permit on 11th E & Kensington. I have lived in this area and would welcome a neighborhood bar that acts as a third place for the community to gather. (Third places are those areas besides work and church/school where a community can interact with each other.) I've traveled a lot for work, and witnessed a strong community in places where people from different walks of life can interact, break bread together, and share a drink. Conversely, cities that cluster all of the bars downtown usually end up with an area that is diluted and only friendly to tourists. Please support Bloq 11 and help the neighborhood become a more welcoming, walkable, and livable place. Thank you, Elliott Hansen 12/5/2023 13:53 Erin Sanders SLC public art To whom it may concern, We hope this email finds you well. We wanted to express appreciation for your commitment to preserving local public art, as outlined in your platform. However, I am writing to seek clarification on recent developments concerning the Salt Lake Police Brutality Murals in the heart of our city. Given the significance of these murals in reflecting community concerns, I am curious about the apparent conflict between your platform and the actions taken. Could you provide insight into the decision-making process that led to the current stance on preserving these murals? Furthermore, considering the importance of the preserving the murals, have there been discussions on exploring its potential for serving the community's vital but basic needs? This could involve repurposing the space to address essential community requirements. Additionally, I am interested in understanding the estimated cost of restoring the building and the murals. Knowing this information would help the community better grasp the financial considerations involved and potentially explore collaborative efforts to fundraise or support the restoration process. I appreciate your time and attention to these concerns. As a member of the community, I believe transparency and open dialogue are crucial in addressing such matters. I look forward to your response and the opportunity to contribute to a constructive resolution. Best regards, Date/Time Opened Contact Name Subject Description 12/5/2023 13:54 Carrie Reilly Police Brutality Murals and adjacent space Dear Mayor: We hope this email finds you well. We appreciate your commitment to preserving local public art, as outlined in your platform. However, we are writing to seek clarification on recent developments concerning the Salt Lake Police Brutality Murals in the heart of our city. Given the significance of these murals in reflecting community concerns, we are curious about the apparent conflict between your platform and the actions taken. Could you provide insight into the decision-making process that led to the current stance on preserving these murals? Furthermore, considering the importance of preserving the murals, have there been discussions on exploring its potential for serving the community's vital but basic needs? This could involve repurposing the space to address essential community requirements. Additionally, we are interested in understanding the estimated cost of restoring the building and the murals. Knowing this information would help the community better grasp the financial considerations involved and potentially explore collaborative efforts to fundraise or support the restoration process. Thank you for your time and attention to these concerns. As members of the community, we believe transparency and open dialogue are crucial in addressing such matters. We look forward to your response and the opportunity to contribute to a constructive resolution. Best regards, Chris, Carrie, Finn, and Cameron Reilly 12/5/2023 14:06 Rae Duckworth Urgent Inquiry Regarding Preservation of Salt Lake Police Brutality Murals Dear Mayor, We hope this email finds you well. We wanted to express appreciation for your commitment to preserving local public art, as outlined in your platform. However, I am writing to seek clarification on recent developments concerning the Salt Lake Police Brutality Murals in the heart of our city. Given the significance of these murals in reflecting community concerns, I am curious about the apparent conflict between your platform and the actions taken. Could you provide insight into the decision-making process that led to the current stance on preserving these murals? Furthermore, considering the importance of preserving the murals, have there been discussions on exploring its potential for serving the community's vital but basic needs? This could involve repurposing the space to address essential community requirements. Additionally, I am interested in understanding the estimated cost of restoring the building and the murals. Knowing this information would help the community better grasp the financial considerations involved and potentially explore collaborative efforts to fundraise or support the restoration process. I appreciate your time and attention to these concerns. As a member of the community, I believe transparency and open dialogue are crucial in addressing such matters. I look forward to your response and the opportunity to contribute to a constructive resolution. With Love, -- Rae Duckworth Date/Time Opened Contact Name Subject Description 12/5/2023 14:08 Becky Condas Urgent Inquiry Regarding Preservation of Salt Lake Police Brutality Murals Dear Mayor Mendenhall, We hope this email finds you well. I wanted to express appreciation for your commitment to preserving local public art, as outlined in your platform. However, I am writing to seek clarification on recent developments concerning the Salt Lake Police Brutality Murals in the heart of our city. Given the significance of these murals in reflecting community concerns, I am curious about the apparent conflict between your platform and the actions taken. Could you provide insight into the decision-making process that led to the current stance on preserving these murals? Furthermore, considering the importance of the preservation of the murals, have there been discussions on exploring its potential for serving the community's vital but basic needs? This could involve repurposing the space to address essential community requirements. Additionally, I am interested in understanding the estimated cost of restoring the building and the murals. Knowing this information would help the community better grasp the financial considerations involved and potentially explore collaborative efforts to fundraise or support the restoration process. I appreciate your time and attention to these concerns. As a member of the community, I believe transparency and open dialogue are crucial in addressing such matters. I look forward to your response and the opportunity to contribute to a constructive resolution. Best regards, Becky Condas 12/5/2023 14:09 Sarah Simkins Urgent Inquiry Regarding Preservation of Salt Lake Police Brutality Murals Dear Mayor, We hope this email finds you well. We wanted to express appreciation for your commitment to preserving local public art, as outlined in your platform. However, I am writing to seek clarification on recent developments concerning the Salt Lake Police Brutality Murals in the heart of our city. Given the significance of these murals in reflecting community concerns, I am curious about the apparent conflict between your platform and the actions taken. Could you provide insight into the decision-making process that led to the current stance on preserving these murals? Furthermore, considering the importance of the preserving the murals, have there been discussions on exploring its potential for serving the community's vital but basic needs? This could involve repurposing the space to address essential community requirements. Additionally, I am interested in understanding the estimated cost of restoring the building and the murals. Knowing this information would help the community better grasp the financial considerations involved and potentially explore collaborative efforts to fundraise or support the restoration process. I appreciate your time and attention to these concerns. As a member of the community, I believe transparency and open dialogue are crucial in addressing such matters. I look forward to your response and the opportunity to contribute to a constructive resolution. Thank you for your time, Dr. Boyd Simkins & Sarah Simkins Date/Time Opened Contact Name Subject Description 12/5/2023 14:09 Stephanie Matalone Urgent Inquiry We hope this email finds you well. We wanted to express appreciation for your commitment to preserving local public art, as outlined in your platform. However, I am writing to seek clarification on recent developments concerning the Salt Lake Police Brutality Murals in the heart of our city. Given the significance of these murals in reflecting community concerns, I am curious about the apparent conflict between your platform and the actions taken. Could you provide insight into the decision-making process that led to the current stance on preserving these murals? Furthermore, considering the importance of the preserving the murals, have there been discussions on exploring its potential for serving the community's vital but basic needs? This could involve repurposing the space to address essential community requirements. Additionally, I am interested in understanding the estimated cost of restoring the building and the murals. Knowing this information would help the community better grasp the financial considerations involved and potentially explore collaborative efforts to fundraise or support the restoration process. I appreciate your time and attention to these concerns. As a member of the community, I believe transparency and open dialogue are crucial in addressing such matters. I look forward to your response and the opportunity to contribute to a constructive resolution. Best regards, Stephanie Matalone 12/5/2023 14:10 Rachel Blackmer Preservation of Salt Lake Police Brutality Murals Dear Mayor, We hope this email finds you well. We wanted to express appreciation for your commitment to preserving local public art, as outlined in your platform. However, I am writing to seek clarification on recent developments concerning the Salt Lake Police Brutality Murals in the heart of our city. Given the significance of these murals in reflecting community concerns, I am curious about the apparent conflict between your platform and the actions taken. Could you provide insight into the decision-making process that led to the current stance on preserving these murals? Furthermore, considering the importance of the preserving the murals, have there been discussions on exploring its potential for serving the community's vital but basic needs? This could involve repurposing the space to address essential community requirements. Additionally, I am interested in understanding the estimated cost of restoring the building and the murals. Knowing this information would help the community better grasp the financial considerations involved and potentially explore collaborative efforts to fundraise or support the restoration process. I appreciate your time and attention to these concerns. As a member of the community, I believe transparency and open dialogue are crucial in addressing such matters. I look forward to your response and the opportunity to contribute to a constructive resolution. Best regards, Rachel Blackmer Date/Time Opened Contact Name Subject Description 12/5/2023 14:11 Ann Scarborough Preservation of Salt Lake Police Brutality Murals Dear Mayor and Council Members, We hope this email finds you well. We wanted to express appreciation for your commitment to preserving local public art, as outlined in your platform. However, I am writing to seek clarification on recent developments concerning the Salt Lake Police Brutality Murals in the heart of our city. Given the significance of these murals in reflecting community concerns, I am curious about the apparent conflict between your platform and the actions taken. Could you provide insight into the decision-making process that led to the current stance on preserving these murals? Furthermore, considering the importance of preserving the murals, have there been discussions on exploring its potential for serving the community's vital but basic needs? This could involve repurposing the space to address essential community requirements. Additionally, I am interested in understanding the estimated cost of restoring the building and the murals. Knowing this information would help the community better grasp the financial considerations involved and potentially explore collaborative efforts to fundraise or support the restoration process. I appreciate your time and attention to these concerns. As a member of the community, I believe transparency and open dialogue are crucial in addressing such matters. I look forward to your response and the opportunity to contribute to a constructive resolution. Best regards, Ann Scarborough 12/5/2023 14:15 Jan Hemming Comments about the Affordable Housing Incentive Plan for your consideration 12.5.23 See attached comment. ** Attachement 3 - 4 pages 12/5/2023 16:47 Rebecca Duston U.S. health needs In addition to comments made in person at hearings, I would like to add my thanks for the city's past support and future consideration. Early intervention -- mental health treatment for children, familes, and caregivers -- can reduce the impacts of poor parents/caregiver mental health or children and reduce the likelihood of long- term mental health challenges for children. Thank you!12/5/2023 18:42 Marlene Little 1380 South 900 West i am against rezoning 1380 South 900 West.We have apartments going empty. We would go from one empty house to 30 empty sardine can apaerments. Andrew Johnston said he would like to get rid of people that are like me that owns a single house and drives a car. my family has beem here 93 years. I am not planning to leave any time soon. that is way too high density. I do know very few people want to live on 900 West. i lived it. I was raised at 1533 South 900 West. Riley Circle was the closest house near my parents when I bought it 20 years ago. we need housing for families with many children. a 4 bedroom house should be the minimum. Many of our neighbors have had to move to find homes. Please remember in your planning that it was a Cannon home. Thank you12/5/2023 20:13 Anonymous Constituent ADU's in R1-7,000 single family homes/D6 Hello Gail , thank you for your question. Earlier this year, in an effort to increase the housing supply in our city, the City Council adopted an updated ADU ordinance allowing ADUs in more parts of the city. City ordinance allows ADUs on properties located within zoning districts that allow residential uses, such as R 1-7000. Additionally, in 2021, the State Legislature passed a law allowing "internal" ADUs statewide. This means ADUs within an existing structure must be permitted. The City's Planning Division produces an ADU Handbook, which may help answer any additional questions you might have. You will also find contact information should you have any further questions. https://www.slcdocs.com/Planning/Guides/ADU_Handbook.pdf My home is in R 1 - 7000, single family homes. So why are ADUs being allowed in this zone? 12/5/2023 20:30 Cameron Williams 1380 South 900 West I am the homeowner 2 lots North of 1380 s 900 w. My home is a American Icon, as are many houses in my neighborhood/ This rezoning would drastically aler the neighborhood and bring more traffic right next to California & 900 w which can't handle it. The house at this location burned down Sat Dec 2nd mysteriasly. Then Monday the house was tore down. Then the meeting to change the zoning was the day after. 3 days from burn to rezoning seems very odd. 1328 E Michigan Ave Salt Lake City, Utah 84105 Mayor Erin Mendenhall PO Box 145474 Salt Lake City, Utah 84114-5474 Ms. Mendenhall: As longƟme residents of a neighborhood close to Sunnyside Park, and frequent users of the park and the nearby Salt Lake County Sports Complex, we have serious concerns about future development along Guardsman Way. Of parƟcular concern is the planned expansion of the University of Utah’s baseball facility. Expansion of the facility will require ceding public land for the primary benefit of the University. Also, an expanded facility will negaƟvely impact traffic and available parking along Guardsman Way. The University of Utah has regularly expanded into areas of public land. Examples of this expansion include using State of Utah property for the Safety Office, Golf Center, and pre-school facility. The University’s football pracƟce fields along Guardsman Way are located on Division of State Lands and Forestry. The University makes a concerted effort to maintain greenspace on its property, while conƟnuously encroaching on public greenspace. Reducing public park land is not in the best interests of area residents. The proposed faciliƟes will negaƟvely impact local traffic. Traffic along Guardsman Way is already excessive. Rowland-Hall St. Marks School parents and teachers; University of Utah busses, student, and faculty members; Valley Mental Health users, VA hospital paƟents and staff, and users of the Salt Lake County Sports complex are all heavy users of Guardsman Way. It is common for morning traffic to back up 2 blocks at the intersecƟon of 900 South and Greenwood Terrace. A recent fatality at the intersecƟon of Sunnyside Ave. and Guardsman Way indicates this area is already dangerous. Guardsman Way is periodically closed by the University on football game days. At those Ɵmes the University restricts access to parking spaces at the Sports Complex that are located on city property. Further, Sports Complex ice faciliƟes are oŌen in high demand for university and club hockey pracƟce and games, affecƟng the proposed use of that parking for a ballpark. The planned use of Rice-Eccles Stadium parking lots for baseball games is simply unrealisƟc. Our concerns about this proposed expansion are shared by many of our neighbors. Our streets are already congested by fan parking on game days, and by student parking at other Ɵmes. While we appreciate being in a vibrant part of Salt Lake City, the conƟnued construcƟon along Sunnyside and Guardsman Way has negaƟvely impacted our living condiƟons. Further development, like a Rowland -Hall high school, will probably happen regardless of our concerns. In the case of the University’s planned baseball field, the city should oppose expansion at the current locaƟon. The University has other opƟons, and they should use one. Sincerely, Chris and Jeri Storbeck Attachment 1 November 28, 2023 To Whom It May Concern: I am writing this letter to express community concerns about the development of a 400 North connection under I-15 during its proposed expansion process. In the latest draft EIS for I-15 expansion, the question of increased east/west connectivity was purposely left out pending further community engagement on the idea. That process was completed last week. While the findings from Smart Growth America haven’t yet been released, they shared with me what I’m hearing from the community; tunneling under I-15 at 400 North isn’t wanted. Fairpark Community Council’s executive board is interested in ways to minimize I-15 as a barrier to our community and feel there may be other points within the I-15 EIS scope that could make better connections. There are specific reasons 400 North is a poor connection point. First, tunneling under the freeway won’t remove the additional barrier of frequently used train tracks at 500 West. Secondly, the engagement process for such a large, impactful endeavor was far too short and reached less than 100 people. The residents who live closest to the proposed project are highly opposed to it. Though we continue to be opposed to expanding I-15, we recognize it is likely to happen. With that consideration, we are interested in reviewing specific proposals to improve east/west connectivity within our community. So far, UDOT has not provided any and that has driven skepticism about the 400 North idea. A vote was taken in our May public meeting about this idea and the community present unanimously opposed it. As this process has continued with no clear direction from UDOT, that vote from the community becomes more and more validated. Let’s take an additional connection point between 300 North and 600 North off the table and look to other possibilities to reduce the barrier I-15 presents. Best regards, Nigel Swaby Chair Attachment 2 Caution: This is an external email. Please be cautious when clicking links or opening attachments. From:Jan Hemming To:Council Comments; Dugan, Dan; Young, Sarah; Wharton, Chris; Mano, Darin; Puy, Alejandro; Petro, Victoria; Valdemoros, Ana Cc:Hill, Taylor Subject:(EXTERNAL) Comments about the Affordable Housing Incentive Plan for your consideration 12.5.23 Date:Tuesday, December 5, 2023 1:26:43 PM Dear City Council members: Special note to Taylor Hill: Please include these remarks in the official City Council comments section and the official city record. In the past, some of my remarks have been excluded.) Tonight you will pass the city’s first Affordable Housing Incentive Plan. When that vote is taken I strongly urge you to include a legislative motion or action that will trigger a thorough, transparent, comprehensive and data-driven review of the AHI on affordable housing in Salt Lake City one year from today — or sooner if possible. I say sooner because important information like this often gets lost in the busy holiday season. Cindy Cromer and Judi Short — both former members of the Salt Lake City Planning Commission — urged such action in their public remarks at the AHI Public Hearing October 17.I’ve included excerpts from their testimony as well as others who spoke that evening. Except for one individual, everyone who spoke at the hearing URGED the city council to consider modifications in the current AHI plan. Those have all been rejected. Our only fallback is to request government transparency and the acceptance of our request for an annual report. May I also address another disturbing trend. A month or so ago Darin Mano was addressing a City Council Work Session urging that Salt Lake City be seen as a welcoming, equitable and kind city. I can say without hesitation that many homeowners no longer feel welcomed in this city. Neither do seniors. Or families with school-aged children. Or those who would like to live their retirement years here. Why? Because members of this council have repeatedly labeled homeowners as “privileged.” When we challenge city policies we are shamed and accused of spreading lies, hysteria, and false rumors, even though our comments are always measured and fact-based. These aforementioned groups are now minorities in Salt Lake City. The hope is that in 2024 this council and this administration will begin to show respect for those who identify with these minority groups — as you have in the past with other marginalized, minority groups. That you will begin to express and discover what is good about homeownership, homeowners, families, seniors, children, retirees and single family neighborhoods rather than scorn, ridicule, marginalize, disparage and attack them. These same attacks — including those along the lines of race (white), age and homeownership — were recently leveled by a member of the Planning Commission. Can someone please change the tenor and tone of the harmful messages this city is sending? Who will be the first to adopt the language of civility and respect for ALL city residents in this City Council? In this City? Will someone please step up? Here are the excerpts from the October 17 Public Hearing that are worth considering as you Attachment 3 - 4 pages prepare to approve the AHI: <!--[if !supportLists]-->1. Cindy Cromer, former member, Salt Lake City Planning Commission. "The possibilities for unintended consequences here are significant. We are changing so many ordinances at the same time without assurance that the strategies will get us where we want to go. This proposal is an experiment. One we need to monitor carefully. I urge you to plan for tracking the results of these strategies and to move quickly to address unintended consequences. <!--[if !supportLists]-->2. Judi Short, former member, Salt Lake City Planning Commission, Sugar House Land Use Committee. "I hope there are enough controls in the language that the developers won’t ride roughshod over our neighborhoods. In this proposal you’ve included many things “by rights” with no community input or only planning director input. Everyone sitting here today knows they can drive down any street in the city and identify everything that was done by an over-the-counter permit. They may it the footprint; they may fill the whole footprint, but there’s no style or charm to the building be it a house or an apartment. They add nothing to the city except for units. The 400 South corridor is a good example. Please work on some controls and training for the permit counter. Don’t just focus on units. Get quality units so we’re not building tomorrow’s slums. And trust me. You’ll hear from us if this doesn’t work. We expect written reports – not just a simple “42 ADUs were built this month.” How many are owner-occupied. How many are owed by out-of-state investors. Some real data." <!--[if !supportLists]-->3. Lynn Schwartz, Sugar House Land Use and Housing Committee.We need more affordable housing. Is this the best way to achieve the results we want? I’m afraid the answer as far as the changes that pertain to single family zone is no. If you want to encourage the disappearance of owner-occupied family-sized dwellings this is the way to do it. If an owner-occupied dwelling in an R-5000 or 7000 lot is demolished to be replaced by a tri-plex, quad-plex, or 3 or 4-unit row house those will be small units and most likely rentals. A city lives or dies when it accommodates a diversity of housing ownership types. This proposal pushes Salt Lake City to a greater majority rental-city than it already is. It makes ownership among all its other benefits – accumulation of generational wealth and a more stable populous – even harder to achieve. <!--[if !supportLists]-->4. Merrilee Morgan, Chair, Greater Avenues Community Council. A fifth-generation Utahn. As developers choose to develop along transportation routes, I ask you to consider historic districts – whatever community they may be in and do what you can to preserve those because they represent all of us. We are losing our tax base. We are losing single family homes. We are losing families because we don’t care about our children. Anytime we destroy our inventory of single- family homes we deny our first-time homes buyers, second-time home buyers the right to build generational wealth. I invite you to take this into consideration as you look at plans for future development and think about the longevity of our city and who is moving here and who is raising their family here. <!--[if !supportLists]-->5. Kimball Young, former member, Salt Lake City Planning Commission and chair, Foothill Sunnyside Community Council. Council districts 1, 2 6 and 7 representing the west and east sides of the city each have more than 50% of housing and owner-occupied dwellings. The middle of the city — Districts 3,4 and 5 average 34% owner-occupied. Just how important are owner-occupied single-family homes to us here in the city? Single family homes are where families with children live. Homeowners directly pay property taxes. Homeowners are more involved and vote. Owner-occupied housing is generally better maintained. Owner-occupied neighborhoods have lower crime and safer streets. How does the city gain and maintain owner-occupancy dwellings? The city should require home ownership of all new housing replacing single-family homes. <!--[if !supportLists]-->6. David Leta, Vice-Chair, East Bench Community Council. This proposal is a one-size fits all proposal. And what you get with one-size fits all is a bunch of poorly-dressed neighborhoods that don’t fit. What you need, in our opinion, is a much more tailored and nuanced approach to affordable housing. What we oppose are the changes in single family residences. We are not opposed to duplexes and twin homes as well as second detached dwellings. <!--[if !supportLists]-->7. Lynn Pershing, former chair, Yalecrest Neighborhood Council and president of KEEP Yalecrest. The AHI has three fatal flaws. Affordability. The incentive is not affordable; it’s just density. Density does not equal affordability. New construction is always more expensive than new habitat. Second.Sustainability. The AHI’s incentives is in direct conflict with existing sustainable policies including zero waste landfill. Demolition followed by new construction adds multiple tonnage of waste to our landfill independent of recycling efforts. New construction materials emit CO2 for 60 years. In contrast, older existing buildings no longer emit material- based CO2. The most sustainable building is the one that already exists. Housing Choice. A diverse city requires diverse housing choices in size, cost and ownership. The vast majority of habitable units in Salt Lake City today are rentals. <!--[if !supportLists]-->8. Janet Hemming, chair, Yalecrest Neighborhood Council If this Council approves the AHI it is hoping that two things are true – we can zone our way to more affordable housing by allowing more height, fewer parking spaces and more diverse housing types. Adding density will make housing more affordable. One is wishful thinking. The other is simply false. Even the experts agree. Watch the exchange between one of the largest affordable housing developers in this city and the Planning Commission last March. What you will hear is “this is not a panacea. The going will be slow.” (Cited research from 4 prominent research/university centers) shows that density actually increases housing and rents – without exception. Another flaw – that every single-family home in Salt Lake should be a target for demolition. This is only going to generate more rentals in a city with the lowest number of single-family housing in the region. <!--[if !supportLists]-->9. Paula Harline, Yalecrest resident.Cited the transmittal from Blake Thomas to the city council on August 7 containing feedback gathered from neighborhood councils throughout Salt Lake where concerned residents cited the same thing: 1. concerns about 3-4 unit buildings blocking views an destroying neighborhood character. 2. Surprise changes to neighborhoods such as sudden demolitions, lack of parking; 3. non-resident and out-of-state property developers and owners who don’t live in or care about the neighborhood; 4. affordable housing that isn’t affordable; 5. zoning changes that should be tried out as a smaller pilot program rather than as a city-wide experiment. Thomas also cited meetings with developers. It seems like they have gotten everything they wanted in the AHI: 1. “by-right” processes – zoning allowing them to build without discretionary approval; 2. eliminating neighborhood discussion about any change; 3. form-based zoning districts; 4. change the density limits in single family districts; 5. parking reductions, 5. incentives which would allow them to construct more units. In. simple comparison: the developers have gotten everything they wanted and the neighborhoods have not. Respectfully, Janet (Jan) Hemming Chair, Yalecrest Neighborhood Council