HomeMy WebLinkAbout11/12/2024 - Formal Meeting - Meeting MaterialsSALT LAKE CITY COUNCIL
AGENDA
FORMAL MEETING
November 12, 2024 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 tinyurl.com/SLCCouncilMeetings.
Council Chambers
451 South State Street, Room 315
Salt Lake City, UT 84111
SLCCouncil.com
CITY COUNCIL MEMBERS:
Victoria Petro, Chair
District 1
Chris Wharton, Vice Chair
District 3
Alejandro Puy
District 2
Eva Lopez Chavez
District 4
Darin Mano
District 5
Dan Dugan
District 6
Sarah Young
District 7
Generated: 09:03:41
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 Chris Wharton will conduct the formal meeting.
2.Pledge of Allegiance.
3.Welcome and Public Meeting Rules.
4.The Council will approve the formal meeting minutes of February 6, 2024; August
27, 2024; and September 17, 2024.
5.The Council will consider adopting a joint ceremonial resolution with Mayor
Mendenhall declaring November as Native American Heritage Month in Salt Lake
City.
6.The Council will consider adopting a joint ceremonial resolution with Mayor
Mendenhall declaring November 20th as Transgender Day of Remembrance in
Salt Lake City.
B.PUBLIC HEARINGS:
1. Ordinance: Street and Alley Vacation and Subdivision Amendment at
Brooklyn Avenue
The Council will accept public comment and consider adopting an ordinance that
would amend the Brooklyn and Dolan subdivisions in order to vacate a portion of
Brooklyn Avenue and an adjacent City-owned alley. If approved, the section of Brooklyn
Avenue would be divided and sold to the property owners of 1005 and 1007 South 500
West according to the approved plat at fair market value. The alley property would be
sold at fair market value to the owner of 1007 South 500 West. The project is located
within Council District 5. Petitioner: Jonah Hornsby of Jodah One, LLC. Petition
No.:PLNPCM2022-00068, PLNPCM2022-00349, PLNSUB2023-00493.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, October 1, 2024
Set Public Hearing Date - Tuesday, October 15, 2024
Hold hearing to accept public comment - Tuesday, November 12, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, November 19, 2024
Staff Recommendation - Refer to motion sheet(s).
2. Ordinance: Zoning Map Amendment at 1816 South State Street
The Council will accept public comment and consider adopting an ordinance that would
amend the zoning of the property at 1816 South State Street from BP (Business Park) to
CC (Corridor Commercial). The proposal would allow the building at this site to be leased
for additional commercial uses. The request is supported by the Central Community
Master Plan. The project is located within Council District 5. Petitioner: Tiffanie Price,
property owner. Petition No.:PLNPCM2024-00033.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, October 1, 2024
Set Public Hearing Date - Tuesday, October 15, 2024
Hold hearing to accept public comment - Tuesday, November 12, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, November 19, 2024
Staff Recommendation - Refer to motion sheet(s).
3. Ordinance: Obstructions in Required Yards and Height Exceptions Text
Amendment
The Council will accept public comment and consider adopting an ordinance that
would amend chapter 21A.36.020 of the Salt Lake City Code, specifically tables
21A.36.020.B and 21A.36.020.C, which regulates permitted obstructions in required
yards and permitted height exceptions in different zoning districts. The proposal would
address zoning administration issues, modify provisions to match building code
requirements, eliminate outdated provisions, and allow rooftop uses to exceed the
maximum height in some zoning districts. Other sections of Title 21A may also be
amended as part of this petition. Petition No.:PLNPCM2024-00231.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, October 15, 2024
Set Public Hearing Date - Tuesday, October 15, 2024
Hold hearing to accept public comment - Tuesday, November 12, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, November 19, 2024
Staff Recommendation - Refer to motion sheet(s).
4. Ordinance: Airport Title 16 Amendments
The Council will accept public comment and consider adopting an ordinance that
would repeal and replace Title 16 of the Salt Lake City Code pertaining to Airports. The
proposed amendment would eliminate duplicate and outdated regulations. Changes also
include moving codified commercial standards to standalone administrative documents
for operators doing business at the airport. Language related to ground transportation
rules and fees is removed where it’s duplicated on the City’s ordinance regulating
business (Title 5).
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, April 4, 2023 and Tuesday, October 15, 2024
Set Public Hearing Date - Tuesday, April 4, 2023 and Tuesday, October 15, 2024
Hold hearing to accept public comment - Tuesday, April 18, 2023 and Tuesday,
November 12, 2024 at 7 p.m.
TENTATIVE Council Action - TBD
Staff Recommendation - Refer to motion sheet(s).
C.POTENTIAL ACTION ITEMS:
NONE.
D.COMMENTS:
1.Questions to the Mayor from the City Council.
2.Comments to the City Council. (This is a one-hour time slot for the public to
comment on any City business not scheduled for a public hearing. Each person
will have two minutes to talk. General comment registration closes at 7:30 p.m.)
E.NEW BUSINESS:
1. Ordinance: Consolidated Fee Schedule Amendment Regarding the Utility
Fee Waiver
The Council will consider adopting an ordinance adding language to the Consolidated Fee
Schedule to allow the Department of Public Utilities to waive stabilization fees on certain
accounts with non-use.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, November 12, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, November 12, 2024
Staff Recommendation - Suspend the rules and consider
motions.
2. Ordinance: Enacting Temporary Zoning Regulations
The Council will consider adopting an ordinance enacting a temporary zoning regulation
authorizing the Volunteers of America Youth Resource Center at approximately 888
South 400 West to increase the maximum capacity up to 50 individuals, as long as the
maximum occupancy meets building and fire code safety standards, until May 1, 2025.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, November 12, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, November 12, 2024
Staff Recommendation - Suspend the rules and consider
motions.
F.UNFINISHED BUSINESS:
1. Resolution: Designating the Salt Lake City Central Business Improvement
Assessment Area
The Council will consider adopting a resolution if the protest tally is less than the
threshold set in state law to prohibit a new three-year authorization. The resolution
designates an assessment area for downtown economic promotion activities and holiday
lighting to be known as the Salt Lake City, Utah Central Business Improvement Area from
April 2025- April 2028 or CBIA-25.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 2, 2024 and Tuesday, November 12, 2024
Set Public Hearing Date - Tuesday, July 9, 2024
Hold hearing to accept public comment - Tuesday, September 3, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, November 12, 2024
Staff Recommendation - Refer to motion sheet(s).
2. Resolution: Appointing the Board of Equalization for the Salt Lake City
Central Business Improvement Assessment Area
The Council will consider adopting a resolution if the protest tally is less than the
threshold set in state law to prohibit a new three-year authorization. The resolution
appoints a Board of Equalization to hear and consider objections and corrections to
proposed assessments, sets dates for when the Board will meet, and authorizes the City
Recorder to publish and mail a Notice of Assessment and hearing dates, among other
related matters.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, July 2, 2024 and Tuesday, November 12, 2024
Set Public Hearing Date - Tuesday, July 9, 2024
Hold hearing to accept public comment - Tuesday, September 3, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, November 12, 2024
Staff Recommendation - Refer to motion sheet(s).
G.CONSENT:
1. Ordinance: Jordan River Fairpark District Zoning Map & Text Amendment
The Council will set the date of Tuesday, November 19, 2024 at 7 p.m. to accept public
comment and consider adopting an ordinance that would amend the City's zoning
ordinance by creating a new zoning district known as the Jordan River Fairpark (JRF)
District at approximately 1500 West North Temple and bounded by the Jordan River,
Redwood Road, North Temple, and Interstate 15. The proposal would rezone
approximately 93 acres across 32 parcels into a single zone to support the area's
redevelopment. The project is located within Council District 2. Petitioner: Snell &
Wilmer, representing Larry H. Miller Development. Petition No.:PLNPCM2024-00982.
1.Zoning Map & Text Amendment: The JRF district would allow buildings up
to 400 feet tall. No minimum lot size, setbacks, or open space requirements
are proposed, and developments would be exempt from meeting the City's
general plans.
2.Development Agreement: The proposed Development Agreement addresses
access to the Jordan River, open space, roads, and infrastructure
improvements and establishes review processes for development
applications. Under new state law, an agreement must be reached by
December 31, 2024, for expedited land use reviews related to a qualified
stadium and related uses. If no agreement is made, the JRF District will not
be subject to the City's zoning regulations.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, November 12, 2024
Set Public Hearing Date - Tuesday, November 12, 2024
Hold hearing to accept public comment - Tuesday, November 19, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, December 3, 2024
Staff Recommendation - Set date.
2. S-Line Conveyance of Significant Parcels Public Hearing
The Council will set the date of Tuesday, December 3, 2024 at 7 p.m. to accept public
comment for the process to transfer significant parcels of City-owned real property to the
Redevelopment Agency (RDA). The RDA board approved conveying a portion of RDA
property along Simpson Avenue to the City in exchange for property within Sugarmont
Drive being conveyed from the City to the RDA. The City-owned properties were declared
surplus by Real Estate Services on August 30, 2024. The property transfers are intended
to facilitate an extension of the S-Line Streetcar to Highland Drive and an adjacent
transit-oriented development.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, November 12, 2024
Set Public Hearing Date - Tuesday, November 12, 2024
Hold hearing to accept public comment - Tuesday, December 3, 2024 at 7 p.m.
TENTATIVE Council Action - n/a
Staff Recommendation - Set date.
3. Ordinance: Temporary Closure of a Portion of 1000 West Between South
Temple and Approximately 15 South 1000 West
The Council will set the date of Tuesday, November 19, 2024 at 7 p.m. to accept public
comment and consider adopting an ordinance that would temporarily close a segment of
1000 West between South Temple and 15 South 1000 West to mitigate unsafe conditions.
State law allows the City to temporarily close certain streets until the unsafe conditions
are mitigated or up to two years, whichever is less. The Federal Railroad Administration
has suspended the Woods Cross Quiet Zone after conducting an inspection and
determining that safety systems and measures implemented at this crossing are
inadequate. Temporarily closing this portion of the road will allow the City to make
improvements to the crossing so that the Woods Cross Quiet Zone may be restored.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, November 12, 2024
Set Public Hearing Date - Tuesday, November 12, 2024
Hold hearing to accept public comment - Tuesday, November 19, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, November 19, 2024
Staff Recommendation - Set date.
4. Board Appointment: Arts Council – Cuauhtemoc Sandoval
The Council will consider approving the appointment of Cuauhtemoc Sandoval to the
Arts Council Board for a term ending November 12, 2027.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, November 12, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, November 12, 2024
Staff Recommendation - Approve.
5. Board Appointment: Community Development and Capital Improvement
Programs Advisory Board – Dallin Jones
The Council will consider approving the appointment of Dallin Jones to the Community
Development and Capital Improvement Program Advisory Board for a term ending June
7, 2027.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, November 12, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, November 12, 2024
Staff Recommendation - Approve.
6. Board Reappointment: Parks, Natural Lands, Urban Forestry, and Trails
Advisory Board – Clayton Scrivner
The Council will consider approving the reappointment of Clayton Scrivner to the Parks,
Natural Lands, Urban Forestry, and Trails Advisory Board for a term ending November
12, 2027.
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, November 12, 2024
Staff Recommendation - Approve.
H.ADJOURNMENT:
CERTIFICATE OF POSTING
On or before 1:00 p.m. on Friday, November 8, 2024, 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@slc.gov, 801-535-7600, or relay service
711.
JOINT RESOLUTION DECLARING NOVEMBER 2024
NATIVE AMERICAN HERITAGE MONTH IN SALT LAKE CITY
WHEREAS,Salt Lake City stands on the ancestral homelands of many indigenous
nations, including the Ute (all bands); Paiute, Goshute, Dine’/Navajo;
Shoshoni; Arapaho; Oglala Sioux; Cheyenne River Sioux; Wind River
Shoshone; Cherokee; or Rosebud Sioux tribes and their respective
bands, whose members have lived, stewarded, and cared for the Salt
Lake Valley and the Wasatch Range for millennia; and
WHEREAS,Native American community residing within Salt Lake City are a
unique and diverse population representing many tribal nations,
cultural values, and traditions, contributing to the vibrant character
of the city through celebrations, heritage, and achievement; and
WHEREAS,Native Americans have played an essential role in the economic,
cultural, and social development of Salt Lake City, offering invaluable
contributions through treaties, land stewardship, traditions, art,
commerce, and leadership; and
WHEREAS,we recognize and honor Indigenous peoples as distinguished scholars,
veterans, educators, athletes, artists, entrepreneurs, public servants,
and community leaders, whose legacy and ongoing contributions
continue to shape and enhance the city; and
WHEREAS,the City remains committed to fostering meaningful dialogue,
improving services, and building partnerships with Native American
residents, and promoting justice, equity, mutual respect, and shared
prosperity for all.
NOW, THEREFORE, BE IT RESOLVED
that the Salt Lake City Council and the Mayor of Salt Lake City hereby
declare the month of November 2024 as Native American Heritage
Month in recognition of the enduring presence, contributions, and
legacy of Native American communities.
Adopted this _____ day of October 2024.
JOINT RESOLUTION RECOGNIZING
TRANSGENDER AWARENESS WEEK AND DAY OF
REMEMBRANCE IN SALT LAKE CITY
WHEREAS, Transgender Awareness Week is a time for transgender people and their
allies to act and bring attention to the community by educating the public
and advancing advocacy around the issues of prejudice, discrimination and
violence that affect the transgender community; and
WHEREAS,in 1999, Gwendolyn Ann Smith, a transgender woman, created the first
Transgender Day of Remembrance in honor of Rita Hester and other
transgender people who have lost their lives to violence; and
WHEREAS,Transgender Day of Remembrance is a solemn, yet vital occasion observed
annually to memorialize and reflect upon the lives lost to acts of transphobic
violence and discrimination; and
WHEREAS,Transgender Day of Remembrance also offers us an opportunity to
celebrate the vibrant and diverse transgender community, acknowledging
the incredible contributions, achievements, and resilience of transgender
individuals; and
WHEREAS,Salt Lake City is committed to promoting equality, justice, and inclusion for
all and highlighting transgender voices, stories, and experiences; and
WHEREAS,Salt Lake City has the responsibility to promote prosperity for all members
of the transgender community; and
WHEREAS,Salt Lake City is proud to stand against the discrimination of transgender
people.
NOW, THEREFORE, BE IT RESOLVED
that the Salt Lake City Council and Mayor of Salt Lake City strongly value
the lives and contributions of transgender people; express a commitment to
stand against the stigma facing transgender people; honor those lives that
have been lost as a result of transphobic violence throughout the United
States of America and the world; and formally recognize the week of
November 13 through 19, 2024, as Transgender Awareness Week, and
Wednesday, November 20, 2024, as Transgender Day of Remembrance.
Adopted this 19th day of November, 2024.
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:November 12, 2024
RE: Brooklyn Avenue Street Vacation, Alley Vacation, and Subdivision Amendment
(PLNPCM2022-00068, PLNPCM2022-00349, PLNSUB2023-00493)
MOTION 1 (close and defer)
I move that the Council close the public hearing and defer action to a future Council meeting.
MOTION 2 (close and adopt (if the Council would like to adopt tonight))
I move that the Council close the public hearing and adopt the ordinance.
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:November 12, 2024
RE: Brooklyn Avenue Street Vacation, Alley Vacation, and Subdivision Amendment
(PLNPCM2022-00068, PLNPCM2022-00349, PLNSUB2023-00493)
BRIEFING UPDATE
Council Members did not have any questions for staff or the applicant at the October 1, 2024 briefing.
The following information was provided for October 1, 2024 Council meeting. It is
included again for background purposes.
ISSUE AT-A-GLANCE
The Council will be briefed about a proposal to vacate an approximately 0.61-acre portion of Brooklyn
Avenue between 500West and the West Temple viaduct in City Council District Five. The road segment is
adjacent to the petitioner’s property at 1007 South 500 West as shown in the image below. In their
application, the petitioner cited a lack of maintenance, homeless encampments, and waste dumping as
reasons for the request. They also indicated a desire to develop their adjacent properties at some point in
the future.
During review of the street vacation application, Planning staff determined a City owned alley dividing the
petitioner’s property would need to be included in the request, since vacating the section of Brooklyn
Avenue would isolate the alley right-of-way.
In addition, a subdivision amendment is required when vacating a public right-of-way dedicated by a
subdivision. Planning staff discovered that vacating the street would require amendments to the Brooklyn
and Dolan subdivisions since the street is within both. The result is a combination of the street vacation,
alley vacation, and subdivision amendments for Council consideration. Each of these will be reviewed
Item Schedule:
Briefing: October 1, 2024
Set Date: October 15, 2024
Public Hearing: November 12, 2024
Potential Action: November 19, 2024
Page | 2
separately in the additional information section below. Current area zoning is CG (General Commercial)
and the requests would not change that.
Vacating property such as a public street or alley removes the public interest in and ownership of that
right-of-way. The vacated property is then sold or transferred to private ownership. In this case, if
approved by the City Council, the street segment and alley would be sold to the adjacent property owners at
fair market value—which is determined by the Real Estate Services Division.
The Planning Commission reviewed this petition at its December 13, 2023 meeting and held a public
hearing at which one person spoke in opposition citing concern about the ability for large trucks to turn
around without using Brooklyn Avenue. The Commission voted unanimously to forward positive
recommendations for all three petitions with the following recommendations.
Before a final plat is recorded, the applicant will record a 15-foot-wide perpetual easement along
the property lines abutting the storm sewer lines along the edge of the West Temple Viaduct right
of way as directed by the Department of Public Utilities.
After Brooklyn Avenue is officially vacated, City staff will record additional necessary sections of
the easement within the vacated right of way prior to the official transfer of ownership to the
applicant.
The applicant will enter into an agreement with the City (through whatever method the City
Council deems appropriate) that, upon any development of the Brooklyn Avenue right of way, they
will install curb and gutter, streetlights, and sidewalks along the property frontages of 500 West
and Fayette Avenue according to Street Typology 8 (found in the Street and Intersection Typologies
Design Guide).
The applicant will enter into an agreement with the City (through whatever method the City
Council deems appropriate) that, upon any development of the area within the Brooklyn Avenue
right of way, they will install a turnaround that meets the fire code requirements at the time of
development.
On the Final Plat, the lot line dividing Lot 1 and Lot 2 shall be adjusted so that Lot 2 (1007 South
500 West) meets the minimum lot width requirement of 60 feet within the CG General Commercial
Zoning District.
Page | 3
Aerial image showing proposed street vacation shaded in yellow and the alley in red.
The petitioner’s properties on either side of the alley are outlined in dark green, and adjacent property in blue.
Image courtesy of Salt Lake City Planning Division
Goal of the briefing: Review the proposed street and alley closures and subdivision amendments,
determine if the Council supports moving forward with the proposal.
POLICY QUESTIONS
1. The Council may wish to discuss the benefits and drawbacks of vacating the street and alley.
2. Is the Council supportive of the proposed requirements recommended by the Planning Commission
to be included in a development agreement?
ADDITIONAL INFORMATION
Street Vacation
The subject section of Brooklyn Avenue is approximately 198 feet long at its center point, and 85 feet wide.
Planning staff reviewed historical aerial photographs and stated “…it appears the right of way has remained
unimproved and unpaved since at least 1964, when I-15 was under construction.”
Brooklyn Avenue and 500 West both end near the petitioner’s properties and have very little vehicular
traffic. It should be noted that the segment of 500 West that connects to Brooklyn Avenue is not included
in the proposed street closure and would remain a City-owned right-of-way if the Brooklyn Avenue street
segment is vacated by the Council. Additionally, a different section of 500 West connects to Fayette Avenue
and continues south under Interstate-15 as shown in the lower left corner of the image above.
The street vacation process is dictated by Section 10-9a-609.5 Utah State Code which is included at the end of
this report for reference.
Alley Vacation
The subject alley is approximately 110 feet long and 13.25 feet wide, or about 1,450 square feet. During
review of the proposals, Planning staff analyzed historical aerial photographs and noted that the alley
appears to have existed only on paper and has not been used since at least 1999 and has essentially been
incorporated into the adjacent lots, though it is City property.
If the segment of Brooklyn Avenue is vacated, the alley would be surrounded by the petitioner’s property
on three sides, and the West Temple viaduct on the fourth, blocking access and rendering it unusable.
Alley vacations must satisfy one of the following policy considerations: Lack of Use, Public Safety, Urban
Design, and Community Purpose. The subject alley vacation request satisfies the Lack of Use policy
consideration.
Alley vacations are outlined in Section 14.52 of Salt Lake City Code which is included at the end of this
report for reference.
Subdivision Amendment
As discussed above, a subdivision amendment is required if a public right-of-way within a subdivision is
changed or removed. The subject section of Brooklyn Avenue was created from both the Brooklyn and
Dolan Subdivisions. The north 33 feet of the street (yellow section highlighted in the image below) was
platted in the Brooklyn Subdivision, and the south 33 feet (pink highlighted section) from the Dolan
Subdivision. That leaves 21 feet in the middle (blue highlighted section) that was not created from a
subdivision. It remains part of the Big Field Survey Plat and not included in a subdivision.
Page | 4
Planning staff worked with the City Surveyor to determine how the middle section of the road was not
included in a subdivision but could not definitively conclude how it happened. They surmised there was an
error when one of the subdivisions was created and this section was left out.
At the time the application was submitted, Chapter 20.28 Article III of Salt Lake City Code was applicable
to subdivision amendments involving streets. It is included at the end of this report for reference.
Salt Lake County plat map of Brooklyn Avenue right-of-way
KEY CONSIDERATIONS
Planning staff identified six key considerations during analysis of these proposals which are found on pages
6-9 of the Planning Commission staff report and summarized below. For the complete analysis please see
the staff report.
Consideration 1 – Conditions Requested by Other City Departments
The following departments and divisions expressed concerns with the proposals. The petitioner worked
with City staff to mitigate these concerns and the conditions recommended by the Planning Commission
satisfy them.
Public Utilities – The street is necessary to access to storm sewer facilities located on the edge of the West
Temple Viaduct. To resolve the concerns, the petitioner and Public Utilities agreed that before the final plat
is recorded vacating the street, easements will be recorded along the edge of the West Temple Viaduct.
Engineering – The Engineering Division noted that the Brooklyn Avenue and the section of 500 West it is
connected to lack basic street infrastructure. The street surface is poor, and stormwater has nowhere to go.
The petitioner met with Engineering staff and agreed to install curb and gutter, streetlights, and sidewalks
on the property frontages of 500 West and Fayette Avenue upon development of Brooklyn Avenue. This
addresses Engineering’s concerns.
Page | 5
Fire and Transportation – Both the Fire Department and Transportation Division noted vacating Brooklyn
Avenue would leave the abutting segment of 500 West without an area for fire trucks and other large
vehicles to turn around. Dead end streets longer than 150 feet and necessary for fire truck access are
required by State code to have a turnaround that complies with the code. (Diagrams of compliant
turnarounds are found on page 7 of the Planning Commission staff report.)
The petitioner met with City staff and agreed to install a turnaround the meets fire code requirements upon
development of Brooklyn Avenue. This satisfies concerns raised by the Fire Department and
Transportation Division.
Consideration 2 – Features of Brooklyn Avenue
The Brooklyn Avenue features discussed in this consideration are outlined in the “Subdivision
Amendment” section above.
Consideration 3 – State Code Regarding Street Vacations
Utah State Code grants cities the authority to vacate streets. The City Council must determine good cause
exists for the vacation and that the public interest or any person will not be materially injured by the
vacation. Planning staff reviewed aerial images of the area which show the street has not been maintained
for at least 60 years. It is Planning staff’s opinion vacating the street will remove a maintenance burden
from the City in exchange for selling the street segment at market rate.
Consideration 4 – Factors to Consider
As noted above, the request to vacate the subject section of Brooklyn Avenue required three different
applications – street vacation, alley vacation, and subdivision amendment. Each application has its own
applicable factors or standards.
Planning staff reviewed standards for the CG (General Commercial) zoning district, street vacation, alley
vacation, and subdivisions. These are found on pages 44-57 of the Planning Commission staff report. It is
Planning’s opinion that the requests meet or will meet all applicable conditions if the Planning
Commission’s recommendations are requirements of approval.
Consideration 5 – Master Plan Compatibility
Planning staff reviewed the proposals’ alignment with the following City plans:
Downtown Master Plan (2016) Note: the Ballpark Station Area Plan defers long range planning in
the Granary District (where the properties are located) to the Downtown master Plan).
Plan Salt Lake (2015)
Transportation Major Street Plan (2018)
Transportation Master Plan (1996)
Given the subject street and alley location in the center of the freeway viaduct, there is little potential for
mid-block crossings and connectivity via alleys and other pedestrian rights-of-way called for in some of the
above listed plans.
It is Planning staff’s opinion that while the proposed street and alley vacations are not specifically
supported by the plans, they are not in opposition to the goals and initiatives outlined in the plans.
Consideration 6 – Compliance with Zoning Standards
Planning found that the proposed subdivision amendment meets all zoning standards except one: the
minimum lot width in the CG district. As noted above, the petitioner’s parcel at 1007 South 500 West is
divided into two lots by the alley proposed to be vacated. The eastern lot does not meet the minimum width
required in the CG district. The Planning Commission’s recommendation to adjust the lot line dividing the
lots so the eastern lot meets the minimum will resolve this issue.
PROJECT CHRONOLOGY
Page | 6
February 2, 2022 – Petition to vacate the south half of Brooklyn Avenue submitted.
February-April 2022 – Planning staff worked with the applicant to remedy application deficiencies,
including submittal of the alley vacation petition.
April 6, 2022 – Petition deemed complete by Planning staff.
April 13, 2022 –
o Petition circulated to relevant City departments and divisions for review.
o 45-day notice sent to community councils.
o Early notification sent to neighbors within 300 feet of the development.
o Proposal posted on the online open house webpage.
May 11, 2022 – 45-day comment period for recognized organizations ends.
July-August 2022 – Applicant indicated the property owner to the north of Brooklyn Avenue would like
to join the petition and updated the request to include the entire street right-of-way.
August 1, 2022 – Updated materials submitted by applicant.
August 23, 2022 –
o Petition circulated to relevant City departments and divisions for review.
o Planning staff sent the 45-day required notice for recognized community organizations to the
community councils.
o Neighbors within 300 feet of the development were provided early notification.
o The online open house post was updated.
October 14, 2022 – Department of Public Utilities expressed concern over the proposed vacation.
November-December 2022 – Applicant and Public Utilities negotiated proposals for new easements.
February 2, 2023 – Applicant sent draft easement proposals to Public Utilities for review.
May 8, 2023 – After working with the City Surveyor to understand how Brooklyn Avenue was originally
created, Planning staff determined that a subdivision amendment (preliminary plat) must be included
with this request.
June 22, 2023 – Applicant submitted preliminary plat application for the subdivision amendment.
October 19, 2023 – Planning staff confirmed there is no opposition from relevant City departments to
the street or alley vacation.
October-November 2023 – Planning staff report development.
November 30, 2023 –
o Planning Commission public hearing notice mailed.
o Planning Commission public notice posted on City and State website and Planning Division
listserv.
December 1, 2023 – Public hearing notice sign posted on the property.
December 3, 2023 – Legal notice published in Salt Lake Tribune.
December 13, 2023 – Planning Commission held a public hearing and forwarded a unanimous positive
recommendation to the City Council for the proposed amendments.
December 2023-February 2024 – Draft ordinance developed by Planning staff.
February 2024 – Draft ordinance requested from Attorney’s Office.
o Planning staff noted during this time capacity in the City Attorney’s Office was limited due to a
reduction in available personnel and a number of pressing cases taking up available staff
time.
May 4, 2024 – Draft ordinance received from Attorney’s Office.
August 1, 2023 – Transmittal received in City Council Office.
STREET CLOSURE PROCESS
The street closure process is dictated by Section 10-9a-609.5 Utah State Code which is included below for
reference.
Page | 7
10-9a-609.5. Petition to vacate a public street.
(1)In lieu of vacating some or all of a public street through a plat or amended plat in accordance with
Sections 10-9a-603 through 10-9a-609, a legislative body may approve a petition to vacate a public
street in accordance with this section.
(2)A petition to vacate some or all of a public street or municipal utility easement shall include:
(a)the name and address of each owner of record of land that is:
(i)adjacent to the public street or municipal utility easement between the two nearest public
street intersections; or
(ii)accessed exclusively by or within 300 feet of the public street or municipal utility easement;
(b)proof of written notice to operators of utilities and culinary water or sanitary sewer facilities
located within the bounds of the public street or municipal utility easement sought to be vacated;
and
(c)the signature of each owner under Subsection (2)(a) who consents to the vacation.
(3)If a petition is submitted containing a request to vacate some or all of a public street or municipal
utility easement, the legislative body shall hold a public hearing in accordance with Section 10-9a-
208 and determine whether:
(a)good cause exists for the vacation; and
(b)the public interest or any person will be materially injured by the proposed vacation.
(4)The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street
or municipal utility easement if the legislative body finds that:
(a)good cause exists for the vacation; and
(b)neither the public interest nor any person will be materially injured by the vacation.
(5)If the legislative body adopts an ordinance vacating some or all of a public street or municipal utility
easement, the legislative body shall ensure that one or both of the following is recorded in the office of
the recorder of the county in which the land is located:
(a)a plat reflecting the vacation; or
(b)(i)an ordinance described in Subsection (4); and
(ii)a legal description of the public street to be vacated.
(6)The action of the legislative body vacating some or all of a public street or municipal utility easement
that has been dedicated to public use:
(a)operates to the extent to which it is vacated, upon the effective date of the recorded plat or
ordinance, as a revocation of the acceptance of and the relinquishment of the municipality's fee in
the vacated public street or municipal utility easement; and
(b)may not be construed to impair:
(i)any right-of-way or easement of any parcel or lot owner;
(ii)the rights of any public utility; or
(iii)the rights of a culinary water authority or sanitary sewer authority.
(7)(a)A municipality may submit a petition, in accordance with Subsection (2), and initiate and
complete a process to vacate some or all of a public street.
(b)If a municipality submits a petition and initiates a process under Subsection (7)(a):
(i)the legislative body shall hold a public hearing;
(ii)the petition and process may not apply to or affect a public utility easement, except to the
extent:
(A)the easement is not a protected utility easement as defined in Section 54-3-27;
Page | 8
(8)A legislative body may not approve a petition to vacate a public street under this section unless the
vacation identifies and preserves any easements owned by a culinary water authority and sanitary
sewer authority for existing facilities located within the public street.
ALLEY CLOSURE PROCESS
The alley closure process is dictated by Chapter 14.52 Salt Lake City Code which is included below for reference.
14.52.010: DISPOSITION OF CITY'S PROPERTY INTEREST IN ALLEYS:
The City supports the legal disposition of Salt Lake City's real property interests, in whole or in part, with
regard to City owned alleys, subject to the substantive and procedural requirements set forth herein. (Ord.
24-02 § 1, 2002)
14.52.020: POLICY CONSIDERATIONS FOR CLOSURE, VACATION OR ABANDONMENT OF
CITY OWNED ALLEYS:
The City will not consider disposing of its interest in an alley, in whole or in part, unless it receives a
petition in writing which demonstrates that the disposition satisfies at least one of the following policy
considerations:
A. Lack Of Use: The City's legal interest in the property appears of record or is reflected on an applicable
plat; however, it is evident from an on site inspection that the alley does not physically exist or has been
materially blocked in a way that renders it unusable as a public right-of-way;
B. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity,
unsafe conditions, public health problems, or blight in the surrounding area;
C. Urban Design: The continuation of the alley does not serve as a positive urban design element; or
D. Community Purpose: The petitioners are proposing to restrict the general public from use of the alley
in favor of a community use, such as a neighborhood play area or garden. (Ord. 24-02 § 1, 2002)
14.52.030: PROCESSING PETITIONS:
There will be three (3) phases for processing petitions to dispose of City owned alleys under this section.
Those phases include an administrative determination of completeness; a public hearing, including a
recommendation from the Planning Commission; and a public hearing before the City Council.
A. Administrative Determination Of Completeness: The City administration will determine whether or
not the petition is complete according to the following requirements:
1. The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors
owning property which abuts the subject alley property;
2. The petition must identify which policy considerations discussed above support the petition;
3. The petition must affirm that written notice has been given to all owners of property located in the
block or blocks within which the subject alley property is located;
4. A signed statement that the applicant has met with and explained the proposal to the appropriate
community organization entitled to receive notice pursuant to title 2, chapter 2.60 of this Code; and
5. The appropriate City processing fee shown on the Salt Lake City consolidated fee schedule has been
paid.
B. Public Hearing And Recommendation From The Planning Commission: Upon receipt of a complete
petition, a public hearing shall be scheduled before the Planning Commission to consider the proposed
disposition of the City owned alley property. Following the conclusion of the public hearing, the Planning
Commission shall make a report and recommendation to the City Council on the proposed disposition of
the subject alley property. A positive recommendation should include an analysis of the following factors:
1. The City Police Department, Fire Department, Transportation Division, and all other relevant City
departments and divisions have no reasonable objection to the proposed disposition of the property;
2. The petition meets at least one of the policy considerations stated above;
3. Granting the petition will not deny sole access or required off street parking to any property adjacent
to the alley;
(B)the easement is included within the public street; and
(C)the notice to vacate the public street also contains a notice to vacate the easement; and
(iii)a recorded ordinance to vacate a public street has the same legal effect as vacating a public
street through a recorded plat or amended plat.
Page | 9
4. Granting the petition will not result in any property being landlocked;
5. Granting the petition will not result in a use of the alley property which is otherwise contrary to the
policies of the City, including applicable master plans and other adopted statements of policy which
address, but which are not limited to, mid block walkways, pedestrian paths, trails, and alternative
transportation uses;
6. No opposing abutting property owner intends to build a garage requiring access from the property,
or has made application for a building permit, or if such a permit has been issued, construction has been
completed within twelve (12) months of issuance of the building permit;
7. The petition furthers the City preference for disposing of an entire alley, rather than a small segment
of it; and
8. The alley property is not necessary for actual or potential rear access to residences or for accessory
uses.
C. Public Hearing Before The City Council: Upon receipt of the report and recommendation from the
Planning Commission, the City Council will consider the proposed petition for disposition of the subject
alley property. After a public hearing to consider the matter, the City Council will make a decision on the
proposed petition based upon the factors identified above. (Ord. 22-19, 2019: Ord. 58-13, 2013: Ord. 24-11,
2011)
14.52.040: METHOD OF DISPOSITION:
If the City Council grants the petition, the City owned alley property will be disposed of as follows:
A. Low Density Residential Areas: If the alley property abuts properties which are zoned for low density
residential use, the alley will merely be vacated. For the purposes of this section, "low density residential
use" shall mean properties which are zoned for single-family, duplex or twin home residential uses.
B. High Density Residential Properties And Other Nonresidential Properties: If the alley abuts
properties which are zoned for high density residential use or other nonresidential uses, the alley will be
closed and abandoned, subject to payment to the City of the fair market value of that alley property, based
upon the value added to the abutting properties.
C. Mixed Zoning: If an alley abuts both low density residential properties and either high density
residential properties or nonresidential properties, those portions which abut the low density residential
properties shall be vacated, and the remainder shall be closed, abandoned and sold for fair market value.
(Ord. 24-02 § 1, 2002)
14.52.050: PETITION FOR REVIEW:
Any party aggrieved by the decision of the City Council as to the disposition of City owned alley property
may file a petition for review of that decision within thirty (30) days after the City Council's decision
becomes final, in the 3rd District Court. (Ord. 24-02 § 1, 2002)
SUBDIVISION AMENDMENT PROCESS
CHAPTER 20.28: SUBDIVISION AMENDMENTS
Staff Note: this section of City code was applicable at the time the application was submitted.
ARTICLE III. SUBDIVISION AMENDMENTS INVOLVING STREETS
20.28.100: PURPOSE AND AUTHORIZATION:
If the amendment petition involves closure, vacation (in whole or in part), alteration or amendment of any
public street, right of way, or easement, or the dedication of a private street to a public street, the
amendment petition shall be processed pursuant to the provisions of this article. (Ord. 7-14, 2014)
20.28.110: CITY INTERNAL REVIEW:
A. The planning director or designee shall transmit a copy of the preliminary plat to, and request
comments from, city departments and divisions that are part of the subdivision review process, as
determined by the planning director.
B. The division of transportation may, if the division determines that the proposed amendment
petition may have an adverse material impact on traffic, require the applicant to submit a
professionally prepared traffic impact study prior to the hearing on the application.
Page | 10
C. The departmental comments shall be transmitted to the petitioner. (Ord. 7-14, 2014)
20.28.120: PLANNING COMMISSION HEARING:
A. The planning commission shall hold a public hearing to consider the amendment petition and shall
provide a recommendation to the city council to approve, approve with conditions, or deny the
amendment according to the standards for preliminary plats set forth in section 20.16.100 of this
title.
B. Notice of the planning commission hearing shall be provided in accordance with noticing
requirements in chapter 20.36 of this title. (Ord. 7-14, 2014)
20.28.130: CITY COUNCIL HEARING:
A. The city council shall hold a public hearing to consider the amendment petition and shall either
approve, approve with conditions, or deny the amendment according to the standards for
preliminary plats set forth in section 20.16.100 of this title, and in the case of dedication of street
from private ownership to public ownership, according to the policies and standards found in title
14,c hapter 14.54 of this code.
B. A notice of public hearing before the Salt Lake City council shall be provided in accordance with
noticing requirements for public hearings ofc hapter 20.36 of this title. (Ord. 7-14, 2014)
20.28.140: RECORDABLE INSTRUMENT:
If the amendment petition is approved by the council, the final amended subdivision plat and such other
documents as may be required shall be executed by the planning director. The plat and documents shall be
recorded in the office of the county recorder either by the applicant or by the planning director. (Ord. 7-14,
2014)
20.28.150: APPEALS OF CITY COUNCIL DECISION:
Refer to chapter 20.48, "Appeals", of this title for information and regulations regarding filing an appeal of
a decision on subdivision amendments. (Ord. 7-14, 2014)
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:November 12, 2024
RE: 1816 South State Street Zoning Map Amendment
PLNPCM2024-00033
MOTION 1 (close and defer)
I move that the Council close the public hearing and defer action to a future Council meeting.
MOTION 2 (close and adopt (if the Council would like to adopt tonight))
I move that the Council close the public hearing and adopt the ordinance.
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:November 12, 2024
RE: 1816 South State Street Zoning Map Amendment
PLNPCM2024-00033
BRIEFING UPDATE
Council Members expressed general support for the proposed zoning map amendment, noting blighted
buildings in this area of State Street, and a belief that the current Business Park zoning is not appropriate
for the property. The property owner stated that a security company plans to lease one of the building’s two
spaces.
The following information was provided for October 1, 2024 Council briefing. It is
included again for background purposes.
The Council will be briefed about a proposal to amend the zoning map for an approximately 0.54-acre
parcel at 1816 South State Street from its current BP (Business Park) to CC (Corridor Commercial) zoning
district. A 5,700 square foot building is on the site and currently used as a vocational school for tattooing
and piercing.
The petitioner is not planning to redevelop the site but indicated a desire to lease the building for
additional commercial uses such as retail sales or a restaurant which are not allowed under current BP
zoning district unless they are approved as part of a business park planned development or when located
within a principal building and operated primarily for the convenience of employees.
This proposed zoning map amendment was reviewed by the Planning Commission at its April 24, 2024
meeting and a public hearing was held at which no one spoke. Planning staff recommended and the
Commission voted unanimously to forward a positive recommendation to the City Council.
Item Schedule:
Briefing: October 1, 2024
Set Date: October 15, 2024
Public Hearing: November 12, 2024
Potential Action: November 19, 2024
Page | 2
As shown in the map below, area zoning is predominately CC and BP for properties fronting State and
Main Streets. The subject parcel is adjacent to the O.C. Tanner campus to the south, and a single-story
office complex immediately to the west which are both in the BP zoning district. Properties on the south
side of Coatsville Avenue are zoned CC for commercial use, but with one exception, all are single-family
homes.
Area zoning map with the subject parcel outlined in blue.
Note: the lavender shaded PL (Public Lands) parcel is the Salt Lake County Government campus.
Goal of the briefing: Review the proposed zoning map amendments, determine if the Council supports
moving forward with the proposal.
POLICY QUESTION
Page | 3
1. The Council may wish to discuss rezoning the property to the proposed Corridor Commercial
zoning district and the potential for the property to be rezoned again in the near future with the
proposed citywide zoning consolidation. (Under the proposed zoning consolidation properties
zoned Corridor Commercial would be zoned MU-5 which has similar height and setback
requirements. A comparison of Corridor Commercial and the potential MU-5 zoning is available on
the information sheet at this link.)
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, 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 two key considerations related to the proposal which are found on pages 5-6 of the
Planning Commission staff report and summarized below. For the complete analysis, please see the staff
report.
Consideration 1 – Compliance with General Plan Policies
Planning staff found that the proposed zoning map amendment supports initiatives in the Central
Community Master Plan (adopted in 2015, 10 years after the property was zoned BP). The plan designates
the subject property as “Community Commercial” to “provide for the close integration of moderately sized
commercial areas with adjacent residential neighborhoods.” It is Planning staff’s opinion that rezoning
the parcels to CC would be consistent with the plan’s guidance.
Consideration 2 – Community Benefit Policy
The subject zoning map amendment petition was deemed complete before the City Council adopted the
community benefit policy on March 5, 2024 so the petition is not subject to the new ordinance.
Attachment D (page 13) of the Planning Commission staff report includes a table comparing the zoning
districts. It is replicated below for convenience.
BP (Current)CC (Proposed)
Maximum Building Height 60 feet 30 feet by right, (45 feet
through design review)
Front Setback 30 feet 15 feet
No front yard setback is
required in the South State
Street Corridor Overlay district.
Corner Side Yard Setback 30 feet 15 feet
Interior Side Yard Setback 20 feet None required
Rear Setback 25 feet 10 feet
Page | 4
Minimum Lot Area 20,000 square feet 10,000 square feet
Minimum Lot Width 100 feet 75 feet
Buffering 30-foot landscape buffer
required when abutting a
residential district.
7-foot landscape buffer required
when abutting a residential
district.
Parking 1-2 off-street parking spaces
per dwelling unit required for
most housing types.
2 off-street parking spaces per
1,000 square feet required for
most commercial uses.
1-2 off-street parking spaces per
dwelling unit required for most
housing types.
2 off-street parking spaces per
1,000 square feet required for
most commercial uses.
Design Standards
Building Entrances -X
Parking Lot Lighting X X
Analysis of Standards
Attachment E (pages 16-18) 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.
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
Page | 5
City Department Review
During City review of the petitions, no responding departments or divisions expressed concerns with the
proposal but stated additional review, permits, and utility upgrades would be required if the property is
developed.
PROJECT CHRONOLOGY
• January 10, 2024 – Application for zoning map amendment received by Planning Division.
• February 13, 2024 – Application deemed complete.
• February 22, 2024 – Petition assigned to Planning staff.
• February 29, 2024-
o Notice sent to Ballpark Community Council. 45-day comment period for recognized
community organizations begins. The community council did not provide comments.
o Early notification sent to residents and property owners within 300 feet of the project site.
• April 11, 2024 – Public hearing notice mailed and posted on City and State websites, and Planning
Division listserv.
• April 12, 2024 – Public hearing notice posted on the property.
• April 24, 2024 – The Planning Commission reviewed the proposal and held a public hearing. The
Commission voted unanimously to forward a positive recommendation of approval as proposed.
• April 25, 2024-Ordinance requested from City Attorney’s Office.
• May 7, 2024-Planning received signed ordinance from the Attorney’s Office.
• June 4, 2024-Transmittal received in City Council Office.
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:November 12, 2024
RE: Obstructions in Required Yards and Height Exceptions Tables Amendment
PLNPCM2024-00231
MOTION 1 (close and defer)
I move that the Council close the public hearing and defer action to a future Council meeting.
MOTION 2 (close and adopt (if the Council would like to adopt tonight))
I move that the Council close the public hearing and adopt the ordinance.
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:November 12, 2024
RE: Obstructions in Required Yards and Height Exceptions Tables Amendment
PLNPCM2024-00231
BRIEFING UPDATE
During the October 15 briefing Council Members discussed whether a five-foot high railing on a rooftop
patio would be adequate. Planning staff confirmed with Building Services that the minimum height of a
rooftop patio railing in residential areas is 34-38 inches, and in commercial zones the minimum is 42
inches. The proposal would limit railing heights to five feet, but they would not need to exceed the
minimum requirements currently in City code.
The Council also discussed increasing the proposed 40% maximum shade structure coverage and reducing
the 10-foot required setback for these structures. In response, Planning staff proposes the following:
Rooftop amenity setback: The setback from property lines for rooftop amenities has been reduced
from 10 feet to 5 feet, regardless of the abutting zoning districts.
Shade structure setback: Shade structures will adhere to the same 5-foot setback (from property
lines) requirement as rooftop amenities.
Shade structure coverage limitations: The maximum rooftop coverage for shade structures has
been increased from 40% to 60%.
It is Planning staff’s opinion that these proposed adjustments will balance a desire for increased rooftop
amenity space with community concerns. The ordinance was updated to include these changes. As a
reminder, these standards apply only if a rooftop patio exceeds the maximum building height within the
zoning district. Rooftop patios, and structures on buildings that do not exceed the maximum building
height would not be subject the above limitations.
Item Schedule:
Briefing: October 15, 2024
Set Date: October 15, 2024
Public Hearing: November 12, 2024
Potential Action: November 19, 2024
Page | 3
The following information was provided for October 15, 2024 Council briefing. It is
included again for background purposes.
The Council will be briefed about a proposal initiated by the Planning Commission that would amend City
code to allow additional height up to 10 feet for rooftop amenities such as a patio, with associated
unenclosed shade structures including shade sails, pergolas, gazebos, etc. The proposal would allow these
in all zoning districts except residential districts. Under current City code rooftop patios are considered
habitable space, so must be within the allowed building height for the zoning district within which they are
located.
If the additional height exception is utilized, coverage with shade sails or other structures would be limited
to 40% of the roof area and require them to be set back a minimum of 10 feet from the edges of the
building. If the rooftop amenity and shade structure are within the building’s permitted height without a
height exception, then the coverage and setback restrictions would not apply.
Additional changes include updating the table of obstructions in required yards. These changes include
removing outdated language, complying with changes to State statutes, and adding clarity to simplify
administration of the zoning code. A new obstruction type was added to the draft ordinance that includes
“Other accessory structures not regulated elsewhere and not exceeding 10 feet in height and 120 square
feet.” Arbors and trellises were removed as a specific category and they along with pergolas and other
similar structures would be addressed in this section, simplifying the code.
The Planning Commission reviewed this proposed text amendment at its June 26, 2024 meeting and held a
public hearing at which no one spoke. The Commission voted unanimously to forward a positive
recommendation to the City Council.
Goal of the briefing: Review the proposed text amendment and determine if the Council supports
moving forward with the proposal.
POLICY QUESTION
1. Is the Council supportive of the proposed 40% limit on shade structures and 10-foot setback for
buildings utilizing additional height?
ADDITIONAL INFORMATION
Planning staff believes limiting the rooftop shade structure coverage on buildings utilizing additional
height will allow them to cover areas such as pools and grilling areas, while providing space for mechanical
equipment so it does not need to be located at ground level. A 10-foot setback for shade structures on the
top of a building will help ensure the apparent building height from the ground will not change. In
addition, under the proposal buildings with rooftop amenities that abut residential zoning districts would
be required to have a physical barrier such as a fence or planter to help provide privacy for neighboring
properties.
KEY CONSIDERATIONS
Planning staff identified two key considerations related to the proposal, found on pages 3-4 of the June 26,
2024 Planning Commission staff report, and summarized below. For the complete analysis, please see the
Planning Commission staff report.
Consideration 1 – Rooftop amenities, associated unenclosed shade structures and their
impacts
Page | 4
As discussed above, City code considers rooftop patios to be habitable space, so they must be within the
maximum allowed building height for the zoning district where the building is located. The Planning
Commission has reviewed projects requesting a few as five additional feet of building height to build
rooftop amenities through the planned development process. Allowing them on buildings that utilize
additional building height will simplify the process for applicants and the Administration to include these
amenities on buildings.
Rooftop amenities such as pools, patios, and grilling areas are a benefit to residents of multi-family
buildings, but without shade they are not frequently used during the hot summer months.
The proposed 40% limit on coverage and 10-foot setback from the roof’s edge is anticipated to minimize
the impact of rooftop amenities to neighboring properties, and passersby. Planning staff stated, “By
allowing for rooftop amenities as a permitted height exception, and therefore allowing additional private
open space, the text amendment implements best planning practices.”
Consideration 2 – Public feedback
Planning received requests from the East Liberty Park Community Organization (ELPCO), Liberty Wells
Community Council, and the Sugar House Community Council Land Use and Zoning Committee for a
presentation on the proposed text amendment.
ELPCO had concerns about a lack of setbacks from abutting single-family homes. Planning staff then
recommended adding the 10-foot setback for shade structures, and a physical barrier to help prevent those
on a building’s roof from looking into neighboring backyards. ELPCO did not share concerns about the
proposed changes, and the Liberty Wells Community Council, and Sugar House Community Council Land
Use and Zoning Committee were supportive of the additional requirements.
ANALYSIS OF STANDARDS
Attachment B (pages 32-33) of the June 26, 2024 Planning Commission staff report outlines zoning text
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 text 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 text amendment furthers the
specific purpose statements of the zoning ordinance.
Complies
Whether a proposed text amendment is consistent with
the purposes and provisions of any applicable overlay
zoning districts which may impose additional standards.
Complies
The extent to which a proposed text amendment
implements best current, professional practices of urban
planning and design.
Complies
The impact that the proposed text amendment may have
on city resources necessary to carry out the provisions
and processes required by this title.
Complies
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The impact that the proposed text amendment may have
on other properties that would be subject to the proposal
and properties adjacent to subject properties.
May impact residential
properties but proposal
incorporates regulations
to minimize impact.
The community benefits that would result from the
proposed text amendment, as identified in 21A.50.050.C.
(21A.50.050.C applies only to private property owner-
initiated amendments. This amendment initiated by the
Planning Commission.)
Not applicable
PROJECT CHRONOLOGY
• February 14, 2024 – Petition initiated by Salt Lake City Planning Commission.
• February 28, 2024 – Petition assigned to Ben Buckley, Associate Planner.
• March-April 2024 – Planning staff reviewed the petition and drafted language to support goals of
the petition.
• April 12, 2024 – Notice of petition sent to all city recognized community organizations.
• April 16, 2024 – Petition posted to the Planning Division’s open house webpage. Public comment
period ended May 31, 2024.
• May 9, 2024 – Planning staff presented the proposal to the East Liberty Park Community
Organization.
• May 16, 2024 – Planning staff presented the proposal to the Liberty Wells Community Council.
• May 20, 2024 – Planning staff presented the proposal to the Sugar House Land Use Committee.
• June 13, 2024 – Planning Commission agenda posted to the website and emailed to the Planning
Division listserv.
• June 26, 2024 –Planning Commission meeting and public hearing. The Commission voted 5-0 to
forward a positive recommendation to the City Council.
• June 28, 2024 – Ordinance requested from the Attorney’s Office.
• August 27, 2024 – Ordinance from Attorney’s Office received by Planning Division.
• September 18, 2024 – Transmittal received in City Council Office.
Item B4
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:November 12, 2024
RE: MOTION SHEET – Title 16 Amendment related to the Airport
MOTION 1 - Continue
I move that the Council continue the public hearing to a future council meeting.
MOTION 2 – Close and Defer
I move the Council close the public hearing and defer action to a future council meeting.
MOTION 3 – Close and Adopt with a Legislative Action request
I move the Council close the public hearing and adopt. I further move that the Council adopt a
legislative action requesting small group meetings with the Administration and Attorney’s Office to
coordinate on Impact Fees, the Facilities Plan updates, and how Administrative projects managed by
City Departments are handled.
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: Nick Tarbet, Policy Analyst
DATE: November 12, 2024
RE: Title 16 Amendment related to the Airport
NEW INFORMATION
The Council held a follow-up briefing on October 12. The Council conducted a series of straw polls,
providing policy direction to staff.
1. Parking Fine Increase
The Council supported the increased fines.
The Council also asked if the fines are cost justified:
o Under state law, only fees are required to be cost justified. Fines are not since
they are intended to discourage prohibited behavior instead of recovering
specific costs. State law does limit the amount of fines to the maximum
allowed for a Class B misdemeanor, which is currently $1000.
Could the fine amount be posted on the sign?
o The Airport will make that change following adoption of the proposed
ordinance.
2. Reporting
Amend the ordinance so that the Council is given advance notice of changes to the
Rules/Regs/minimum standards.
o Lines 278-281 - The Director will provide an annual written report to the City
Council on any changes to the Rules and Regulations and Minimum
Standards applicable to the Airport System and the purpose of such changes
in conjunction with and before adoption of those changes.
3. Budgetary Language
Support language strengthening the budgetary role of the City Council.
o Lines 297-300 - All Department operations, whether governed by this title or
applicable federal laws and regulations, shall conform to the budgets adopted
by the City Council and budget amendments when needed and shall be
consistent with this code and the Uniform Fiscal Procedures Act for Utah
Cities.
Item Schedule:
Briefing 1: April 4, 2023
Briefing 2: October 15, 2024
Public Hearing 1: April 18, 2023
Public Hearing 2: Nov 12, 2024
Potential Action: Nov 12, 2024
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4. Impact Fees
The Attorney’s said they would send the Council a legal opinion considering this
question. Staff worked with the attorney’s office and recommends scheduling small
group meetings to get an update on Impact Fees, the Facilities Plan updates, and how
Administrative projects managed by City Departments are handled. This legislative
intent is included in the motion sheet.
5. Service Delivery
No changes this time, but would support future reporting/briefings how ADA
standards are being met at the airport
6. Citywide policies
No changes needed at this time – could consider for updates to Title 2.
Council supports strengthening language confirming the Council has established policy
guidance on many issues that apply to the airport (and other departments).
The public hearing is set for November 12.
The following information was provided for the April 4, 2023, work session briefing.
The proposed ordinance amendments are designed to outline Airport operations to be consistent with
Federal Aviation Administration (FAA) regulations, especially among legislative, administrative and
federal decision-making roles involved in the Airport. In April of 2023, the Council initially discussed
this item and requested re-evaluation of items moved into the Airport’s Rules and Regulations
document, and how to address items within legislative authority and oversight. Following the briefing,
staff worked with the Airport and Attorney’s Offices on updates to the ordinance to address that policy
direction.
Since this was last discussed, the Airport received feedback from members of the general aviation
community. Additionally, while updating the ordinance, Airport staff found some discrepancies
between the general city and airport parking fine. Proposed changes have been included in this draft
to address those issues.
The proposed parking fine change will require a new public hearing, which is on tonight’s consent
agenda to set the date of November 12th. The Council held a hearing on April 18, 2023, during its
initial review of the proposal; no one spoke during that first hearing.
Policy Questions
1)Legislative Authority & Oversight – based on requests from the Council, staff has
reviewed the transmittal to ensure that the Council’s role is clearly established without
minimizing the Airport’s ability to efficiently operate and make decisions. See page 2 for a list
of proposed edits that address the Council’s oversight role on topics such as conflicts with
Federal regulations, budgeting, service delivery, and overall City Policy priorities. Some items
may be sufficiently addressed and other may need additional edits – staff would appreciate the
Council’s review and direction on those items.
a)Does the Council find the changes made to ensure legislative oversight
have adequately addressed council concerns?
b)The Council may review the list beginning on page 2 to provide any
direction to staff and the Attorney’s office for further edits.
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2)Airport staff found conflicting parking penalties between the airport and general city parking
regulation sections. Staff recommended implementing the fines from Chapter 16, which are
higher that what is currently charged.
a)Does the Council support charging higher parking fines? Since this is
technically an increase in the fines, does the Council support holding
another public hearing? See chart in Key Issues/Parking section below.
3)The Airport is a City enterprise fund, meaning it is financially self-sustaining with revenue
generated from airline and other fees.
a)The Council may wish to ask for clarification from the Administration, if
the Airport is subject to any impact fees that are established in that area of
the City? If not, would it be appropriate for the airport to be subject to any
impact fees established?
Key Changes
The transmittal letter notes the key changes include:
a. Removal of language regulated by the FAA, or that is operationally focused and managed
through the Department of Airport’s Rules and Regulations
b. Creation of a standalone Commercial Aeronautical Minimum Standards documents
c. Removal of the majority of ordinances regulating ground transportation businesses to
consolidate those regulations into one Chapter 5.71
d. General updates
e. Parking Penalty changes
Section A - Removal of Redundancies
o Sections controlled by the FAA are removed from city code
o Many sections removed from City code and placed in the Rules and Regulations and
Minimum Standards document. (see discussion in “Legislative Authority” below)
Section B – Creation of Commercial Aeronautical Minimum Standards
o Some sections removed from City code and Minimum Standards document is created.
Section C - Consolidation of Ground Transportation Ordinances into Chapter 5.71
o Language in title 16 that applies to ground transportation regulations are consolidated into
Chapter 5.71 – Ground Transportation.
Section D – General Updates
o Since Title 16 has not been update for years, many text cleanups are proposed, such as;
correction of airport names in the airport system, removal of outdated property boundaries
and removal of airline, cargo, and airline service provider fees language.
Section E - Parking Penalty Changes
o Staff found conflicting parking penalties between Chapter 12.56 Stopping, Standing And
Parking, and Chapter 16.64 violation, penalty and enforcement,
o The transmittal recommends removing Chapter 12.56 and keep the Airport parking
regulations in Chapter 16.
o Additionally, they recommend implementing the penalty from Chapter 16, which are
higher that what is currently charged. They anticipate this will be a stronger deterrence for
illegal parking.
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Current Penalty
(Chapter 12)
Proposed Penalty
(Chapter 16)
Parking in unauthorized areas $45 $200
Parking in violation of posted signs $38 $100
Legislative Authority and Role Clarified
At the April 2023 work session briefing, the Council ask for changes that would maintain the Council’s
legislative oversight of the Department of Airports without conflicting with FAA regulations. This
section highlights the proposed changes that would implement that policy direction.
Summary – the Council’s direction was to review any amendment that removes the Council’s
role as the oversight body on issues, especially related to budget and policy. This included:
o Federal regulations that may change and conflict with City Code
o Budget Authority
o Service Delivery
o City Policy Priorities
FAA Regulation Changes & Conflicts
o Airport director’s ability to expediently resolve conflicts:
Updating Rules and City Code - The purpose of proposed section 16.10.030
Authority to Adopt Rules and Regulations and Minimum Standards, is to
clarify the role and authority of the Airport Director to make changes to this
section of City Code. According to the transmittal letter, currently, when
changes are made pursuant to federal regulations, updates need to be made to
Title 16.
To resolve this, the draft ordinance removes items that are found in
Federal regulations, from City code, and places them the Rules and
Regulations and Minimum Standards where they can be updated
without Council action.
The ordinance delegates this ability to the Airport Director as outlined in
16.10.030: Authority to Adopt Rules and Regulations and Minimum
Standards.
o Reporting to the Council: language (16.10.080) that the Airport director will review any
conflict with the City Attorney. The Council could request a memo to report on
these items so that the Council can be aware of the conflicting topics,
outcome, and, if desired, request a briefing.
Budget items
o Final adopted budget
Confirm that department-wide salaries are adjusted consistent with the City’s
annual adopted budget, and individual adjustments may be handled as needed
considering the Airport’s unique comparison market.
Fee setting – there is nothing proposed that would change the Council’s role in
approving all fees through the Consolidated Fee Schedule.
Other fees, such as administrative fees, impact fees, payment in lieu of taxes
(PILOT) - nothing changes how these are handled, but the Council could
schedule a separate briefing to review these fee categories.
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o Financial Audits
o Proposed: Section 16.10.030 includes language that specifically provides that the
Director’s authority is subject to the City Council’s budget authority.
The Council could include additional language that would further
clarify that all Airport operations, whether in rules or FAA
regulations, are executed within the properly adopted budget and
consistent with the citywide policy decision and require additional
Council review and approval if changes are needed.
The Council may also wish to ask staff to identify whether there is
any clarification that would be appropriate in Title 2 of City Code, as
part of the Council staff’s separate project.
Service Delivery – in the past, there have been conversations about services provided at the
Airport, such as ADA assistance.
o The Council could request further clarification on whether the Council’s
role in those discussions is adequately established in the proposed
ordinance, and/or whether the Council’s ability to establish broad policy
direction on such topics belongs in another section of City Code.
o The Council could also ask that customer service survey results be shared
on an ongoing basis.
Citywide Policy priorities – the Council may want to review this Title or Title 2 for
opportunities to clarify the broad policy setting role they hold, including any
clarification about how decisions are made in light of environmental issues,
transit, and lobbying efforts on legislative or other topics.
The following information was provided for the April 4, 2023, work session briefing.
ISSUE AT A GLANCE
The Administration proposes updates to the Salt Lake City Code Chapter 16, which regulates the
Airport.
The proposed update includes changes in the following categories:
a) removal of sections separately addressed by Federal regulations,
b) merging ground transportation regulations into Chapter 5.71 of City Code,
c) utilizing a separate document to cover minimum standards for “commercial aeronautics”, and
d) general updates.
The changes take a number specific regulations listed in the existing ordinance and relocate them to
an Administrative Rules & Regulations document, which is referenced in the existing and amended
ordinance. Moving or consolidating these items to a separate document is described as consistent with
industry best practices, and makes updates and consistency easier.
The proposed ordinance amendment is being reviewed by the Council, because the amendments will
shift some regulations and authority out of a Council-adopted ordinance and rely solely on an
Administrative rules document. Many of the proposed amendments seem reasonable for
consolidation purposes, “housekeeping” type of improvements, and to remove items that are more
operational in nature and should not be referenced in the Code. However, the Council may prefer to
review the list of changes more closely (from categories c and d especially), because there may be a
smaller list of items that are proposed for removal from the Code that should remain in the ordinance
and with a step of Legislative oversight.
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KEY ITEMS
The existing chapter is proposed for total repeal, and replacement with the amendment. For this
reason, every part of the ordinance is being removed and rewritten.
In categories ‘c’ and ‘d’ of the proposal, some regulation items in ordinance would either be eliminated
or shifted to the administrative document. Many of these are already delegations in the existing Code
to the Airport Director (so that delegation would shift, or the specific carve out would be eliminated
altogether). Some examples:
process for event permitting (freedom of expression permits) – the existing ordinance includes
a reference to the administrative Rules & Regulations document, and the proposed ordinance
amendment would remove the reference.
the existing Code includes specific references to solicitation of charitable contributions for
religious, political or other activity. The proposed update would include removing this specific
regulation from the ordinance and replacing it with a blanket delegation that instead refers to
the existing and updated list in the Department’s Rules & Regulations document.
removing “minimum standards” and technical and regulatory language from the Code. The
regulations are covered in other sources such as federal aviation requirements. The minimum
standards involve commercial requirements for operators using the Airport for commercial
activity. These standards are outlined at length in the last two sections of the administrative
transmittal.
removes entirely the minimum standards language from the ordinance, and places it in these
administrative documents shown in the transmittal. These standards have to do with
commercial aviation operators, airlines and others doing business at the Airport.
the ordinance currently delegates to the Director the power for “policing and protection” of the
public to guarantee safety at the Airport. The update proposal instead references the
administrative rules which say the Department or an authorized law enforcement agency can
remove people from the Airport if they are not complying with rules. (This may be an example
of an item that should retain a Legislative role and remain in the ordinance.)
Provisions related to ground transportation permits and fees are proposed to be removed because 1)
they occur in the City’s section of Code that regulates business fees and licensing or 2) the rules appear
also in the administrative document. Where the rules are in the administrative document the update
would eliminate them from the existing Airport Code and rely instead on the document. The
ordinance expressly allows the Director to set these and other fees.
POLICY QUESTIONS
1) Based on the four categories of changes, the Council may wish to provide direction further
conversation and review.
a) For items that have included either a reference or full process in City Code, and are proposed
for removal – is the Council supportive of the amendments or would a more thorough review
be preferred? Would the Council like to discuss the value of leaving any set of these regulations
in ordinance rather than fully delegating them to the department?
b) For proposed changes related to consolidating ground transportation regulations into another
section of Code, does the Council have any questions or concerns?
o For proposed changes to remove Airport operations that are governed by federal regulations,
does the Council have any questions or concerns?
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2) The existing ordinance outlines the Director’s role in setting some fees, however the Council does
review and adopt the Consolidated Fee Schedule where these fees are located. This practice would
be maintained in the proposed ordinance amendments. For any proposed amendments related to
fee-setting authority (either within ground transportation or otherwise), would the Council like to
review those?
3) Existing Code includes a section, like a preamble, to the Airport chapter. That introductory policy
statement is pasted below for your reference, but is proposed to be eliminated in the amended
ordinance. Would the Council like to discuss maintaining this previous policy language or
something similar in the proposed ordinance?
“The city council finds that:
A.Aircraft transportation of all kinds is rapidly accelerating and expanding in all its fields and
requires and will require increasingly larger areas for landing facilities, terminal facilities,
warehouse facilities, hangar and other facilities to accommodate such transportation;
B. Salt Lake City International Airport and Airport II are situated in the center of the great
intermountain west, and as such will attract and serve an ever expanding aircraft
transportation system and efforts are being made to increase the number of airlines using said
airports;
C. In order to meet the needs of the aircraft industry using such airports, it is necessary that
immediate steps be taken to enlarge the airports and their facilities;
D. It is necessary that the city make plans for the enlargement of the airports to provide the
necessary accommodations and to protect the air space needed therefor;
E. It is further necessary to adopt a master plan which will define and fix the exterior
boundaries of the area necessary for the orderly and convenient expansion of such airport
facilities in order to keep abreast of the needs and requirements of the air transportation
industry which the airports should and will serve. (Ord. 88-86 § 12, 1986: prior code § 2-17-1)”
ADDITIONAL & BACKGROUND INFORMATION
Airport Director role: The proposed update lists the amended powers of the Airport Director,
including the following:
adopt rules and regulations, as well as standards for any commercial activity (aeronautical and
non-aeronautical)
“regulate the development, construction, use, occupancy, management, security, control,
operation, care, repair and maintenance of all the land, structures and facilities within the
airport system”
“establish reasonable time, place and manner guidelines for the exercise of First Amendment
rights”
“regulate the operation of passenger and vehicle traffic, ground transportation”
“establish and set rates, fees and charges as shall be necessary to meet the needs for operating
the airport system”
any other purpose approved by the Mayor.
Fees: The ordinance currently outlines formulas for many air carrier fees that are instead now posted
in the Consolidated Fee Schedule (CFS). The Rules and Regulations document also refers to the
Airport section of the consolidated fee schedule. The change would consolidate the setting of the fee to
the rules document and the CFS.
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Waivers: The proposed update also maintains language from the existing chapter that allows the
Airport Director to waive certain requirements and regulations with permission from the Mayor and
notice to the Council, under a range of circumstances listed in the amendment.
Other items:
The existing and amended ordinance spell out that by using the Airport, users are bound by the rules
and regulation laid out in that separate document.
The ordinance currently prohibits disclosure of confidential information related to Airport facility
access. The update would instead refer to the Administrative Rules & Regulations document, which
has a section on security and access control with more detail than the ordinance.
ATTACHMENTS
1.Administrative Transmittal
2.Administrative Rules & Regulations Document
LEGISLATIVE DRAFT
1 SALT LAKE CITY ORDINANCE
2 No. ______ of 2024
3
4 (An ordinance repealing and replacing Title 16 of the Salt Lake City Code
5 and amending other ordinance provisions pertaining to Airports.)
6
7 WHEREAS, Salt Lake City is constructing and has begun operation of the new Salt Lake
8 City International Airport (“Airport”); and
9 WHEREAS, the aviation industry has grown and advanced in Utah, and management of
10 aviation-related operations at the Airport and two other general aviation airports owned and
11 operated by the City, has changed to accommodate such growth; and
12 WHEREAS, there have been significant market changes in aviation; and
13 WHEREAS, multiple provisions of Title 16 of Salt Lake City Code no longer align with
14 Salt Lake City’s new facilities and operational needs; and
15 WHEREAS, at its March 15, 2023 meeting of the Airport Advisory Board, the Board
16 reviewed the ordinance; and
17 WHEREAS, after a public hearing on this matter, the Salt Lake City Council has
18 determined that adopting this ordinance is in the city’s best interests.
19 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that:
20 SECTION 1. Amending the text of Salt Lake City Code Section 5.72.125. That Section
21 5.72.125 of the Salt Lake City Code (Business Taxes, Licenses and Regulations: Taxicabs:
22 Compliance Responsibility) shall be, and hereby is amended to read as follows:
23 5.72.125: COMPLIANCE RESPONSIBILITY:
24 A. All persons shall comply with and operate under requirements of applicable law,
25 including, without limitation, federal, state, county and city laws and ordinances,
26 including, but not limited to, this chapter, cChapter 5.71 of this title, and title
27 16, cChapter 16.6040 of this code, and department rules and regulations.
LEGISLATIVE DRAFT
2
28 B. A concessionaire shall not be relieved of any responsibility for compliance with the
29 provisions of this chapter, whether the concessionaire leases or rents taxicabs to drivers,
30 or whether the concessionaire pays salary, wages, or any other form of compensation.
31
32 SECTION 2. Amending the text of Salt Lake City Code Section 5.72.155. That Section
33 5.72.125 of the Salt Lake City Code (Business Taxes, Licenses and Regulations: Taxicabs:
34 Department Contract Required for Operation) shall be, and hereby is amended to read as follows:
35 5.72.155: DEPARTMENT CONTRACT REQUIRED FOR OPERATION:
36 A. No person shall operate or permit a taxicab owned or controlled by such person to be
37 operated as a vehicle for hire upon the streets of Salt Lake City unless such person is
38 authorized to do so under a department contract.
39
40 B. No person may operate a taxicab business in the city unless the person is authorized to do
41 so under a department contract. Nothing in the department contract shall relieve a
42 concessionaire of the requirements of applicable laws, including, but not limited
43 to, cChapter 5.71 of this title, this chapter, and title 16, cChapter 16.6040 of this code,
44 and department rules and regulations.
45
46 C. The term “operate for hire upon the streets of Salt Lake City” means and shall include the
47 soliciting or picking up of a passenger or passengers within the corporate limits of the
48 city, whether the destination is within or outside of the corporate limits of the city. For
49 the purpose of this section, the term “operate for hire upon the streets of Salt Lake City”
50 shall not include the transporting, by a taxicab properly licensed in a jurisdiction outside
51 the corporate limits of the city, of a passenger or passengers for hire where a trip
52 originates with the passenger or passengers being picked up outside of the corporate
53 limits of the city and where the destination is either within or beyond the city corporate
54 limits.
55
56 SECTION 3. Amending the text of Salt Lake City Code Section 12.56.240. That Section
57 12.56.240 of the Salt Lake City Code (Vehicles and Traffic: Stopping, Standing and Parking:
58 Airport Parking; General Restrictions) shall be, and hereby is amended to read as follows:
59 12.56.240: AIRPORT PARKING; GENERAL RESTRICTIONS:
60 See Section 16.10.180 of this code.
61 A. 1. Parking areas for motor vehicles shall be set aside for airport employees and for the
62 general public. No person shall park a motor vehicle or a trailer in any place at the airport
LEGISLATIVE DRAFT
3
63 other than those areas designated by the director of airports. No person shall park a motor
64 vehicle in an area designated as an employee parking lot unless the motor vehicle displays a
65 currently effective employee parking sticker issued by the director of airports.
66
67 2. For the purpose of this chapter, "motor vehicles" shall be defined by section 12.04.260 of
68 this title, as amended, or its successor.
69
70 B. Except as provided in subsection C of this section, no automobile, truck or other motor
71 vehicle shall be parked in or in front of any hangar, except for service or delivery vehicles
72 actually making a delivery, and then only long enough to make such delivery.
73
74 C. Tenants of T-hangars and shade hangars may park their motor vehicles in their own hangars
75 when the aircraft are being flown.
76
77 D. No person shall park a motor vehicle at the airport in excess of seventy two (72) consecutive
78 hours unless such vehicle is parked in the public parking area or approval is given by the
79 director.
80
81 E. No person shall park a motor vehicle in an area designated as a public parking lot without
82 paying the authorized rates, which shall be available in the airport's office of finance and
83 administration.
84
85 SECTION 4. Amending the text of Salt Lake City Code Section 12.56.250. That Section
86 12.56.250 of the Salt Lake City Code (Vehicles and Traffic: Stopping, Standing and Parking:
87 Airport Parking; Signs and Markings) shall be, and hereby is amended to read as follows:
88 12.56.250: AIRPORT PARKING; SIGNS AND MARKINGS: [REPEALED]
89 No person shall park a vehicle at the airport other than in a manner and at locations indicated by
90 posted traffic signs and markings.
91
92 SECTION 5. Amending the text of Salt Lake City Code Subsection 12.56.550.B. That
93 Subsection 12.56.550.B of the Salt Lake City Code (Vehicles and Traffic: Stopping, Standing
94 and Parking: Unauthorized Use of Streets, Parking Lots and Other Areas; Penalties: Civil
95 Penalties) shall be, and hereby is amended to read and appear as follows:
96 B. Civil Penalties: Civil penalties shall be imposed as follows:
LEGISLATIVE DRAFT
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Section Of This Chapter Penalty
12.56.040 $ 45.00
12.56.050 38.00
12.56.080 45.00
12.56.100 38.00
12.56.120 56.00
12.56.130 340.00
12.56.150 38.00
12.56.150D 75.00
12.56.180 38.00
12.56.190 23.00
12.56.205F 75.00
12.56.210 38.00
12.56.235 38.00
12.56.240 45.00
12.56.250 38.00
12.56.290 38.00
12.56.300 45.00
12.56.302 23.00
12.56.303 23.00
12.56.304 23.00
LEGISLATIVE DRAFT
5
12.56.310 45.00
12.56.330 45.00
12.56.350 38.00
12.56.360 45.00
12.56.380 45.00
12.56.390 38.00
12.56.400 38.00
12.56.410 38.00
12.56.420 45.00
12.56.430 38.00
12.56.440A11 56.00
12.56.440A21 56.00
12.56.440A31 56.00
12.56.440A41 56.00
12.56.440A51 56.00
12.56.440A61 56.00
12.56.440A71 56.00
12.56.440A81 56.00
12.56.440A91 56.00
12.56.440A101 56.00
12.56.440A111 56.00
LEGISLATIVE DRAFT
6
12.56.440A121 56.00
12.56.440A131 56.00
12.56.440A141 56.00
12.56.440A151 56.00
12.56.440A161 56.00
12.56.440A171 56.00
12.56.440A181 56.00
12.56.440A191 225.00
12.56.450 23.00
12.56.460 45.00
12.56.465 123.00
12.56.470 45.00
12.56.480 45.00
12.56.490 45.00
12.56.500 45.00
12.56.515 38.00
12.56.520 38.00
12.56.525 38.00
99 Note:
100 1. A violation of sSubsection 12.56.440B of this chapter that occurs in a particular
101 location is subject to the same civil penalty that would be imposed for a violation of
102 sSubsection 12.56.440A of this chapter in that same location.
LEGISLATIVE DRAFT
7
103 SECTION 6. Repealing and replacing Title 16 of the Salt Lake City Code. That Title 16
104 of the Salt Lake City Code, regarding Airports, is hereby repealed and is replaced with the
105 following text:
106 TITLE 16
107 AIRPORTS
108
109 Definitions and General Regulations: 16.10
110 General Flight Regulations: 16.20
111 Commercial Aeronautical Activity; Leasing Airport Property: 16.30
112 Motor Vehicle Operations: 16.40
113 Violation, Penalty and Enforcement: 16.50
114
115
116 CHAPTER 16.10
117 DEFINITIONS AND GENERAL REGULATIONS
118
119 16.10.010: Definitions
120 16.10.020: Purpose
121 16.10.030: Authority to Establish Rules and Regulations and Minimum Standards
122 16.10.040: All Rules, Regulations, and Minimum Standards Applicable to the Airport
123 System
124 16.10.050: Revocation of Use Privilege
125 16.10.060: Commercial Activities; Permit Requirements
126 16.10.070: Use of Airport Property; Risk and Liability; Implied Agreement
127 16.10.080: No Pre-Emption
128 16.10.090: Payment of Rents, Fees, and Charges
129 16.10.100: Customer Facility Charge
130 16.10.110: Funds, Disposition, and Accounting
131 16.10.120: Hunting and Shooting Prohibited
132 16.10.130: Use of Roadways and Walks
133 16.10.140: Flying of Drones, Model Aircraft, and Other Objects
134 16.10.150: Flight over the Airport System Cities
135 16.10.160: Gliders, Balloons, and Similar Vehicles Prohibited
136 16.10.170: Fueling of Aircraft, Vehicles, and Equipment; Authorized Operations Only
137 16.10.180: Parking Areas
138 16.10.190: Repairs to Aircraft
139 16.10.200: Airframe and/or Power Plant Repair
140 16.10.210: Self-Fueling
141 16.10.220: Unlawful Entry of Hangars and Other Buildings
142
143 16.10.010: DEFINITIONS:
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144 The following words and phrases, whenever used in this title, shall be defined as provided in this
145 title unless a different meaning is specifically or more particularly described.
146
147 ADVANCED AIRCRAFT MOBILITY SYSTEM: “Advanced Aircraft Mobility System”
148 means a system that transports individuals and property using piloted and unpiloted aircraft,
149 including electric aircraft and electric vertical takeoff and landing aircraft, in controlled or
150 uncontrolled airspace, and includes each component of such system.
151
152 AERONAUTICAL ACTIVITY: “Aeronautical Activity” means any activity or service that
153 makes possible, facilitates, is related to, assists in, or is required for the operation of aircraft or
154 another aeronautical activity that contributes to or is required for the safety of such operations.
155 The following activities, without limitation, that are commonly conducted on airports are
156 considered aeronautical activities within this definition: aircraft charter, pilot training, aircraft
157 rental, sightseeing aerial photography, aerial spraying and agricultural aviation services, aerial
158 advertising, aerial surveying, air carrier operations (passenger and air cargo), aircraft sales and
159 service, sale of aviation fuel and oil, aircraft maintenance, sale of aircraft parts, and any other
160 activity which, in the sole judgement of the Department of Airports, because of its direct
161 relationship to the operation of aircraft or the Airport System, can be appropriately regarded as
162 an aeronautical activity.
163
164 AIRCRAFT: “Aircraft” means a device that is used or intended to be used for flight in the air.
165 See 14 CFR § 1.1.
166
167 AIRCRAFT OPERATIONS: “Aircraft Operations” means an aircraft arrival at or departure
168 from the Airport System, with or without FAA airport traffic control service.
169
170 AIRCRAFT PARKING AREA: “Aircraft Parking Area” means the area or areas of the Airport
171 System set aside and designated for the parking of aircraft.
172
173 AIRPORT SYSTEM: “Airport System” means all property owned and operated by the City and
174 controlled through its Department of Airports, including the Salt Lake City International Airport,
175 and any regional or reliever airport owned by the City as applicable, as the property now exists
176 or as may hereafter be expanded or improved, together with all the appurtenant facilities, and
177 includes all areas shown in the FAA-approved airport layout plans.
178
179 AIR OPERATIONS AREA: “Air Operations Area” (AOA) means any area of the Airport
180 System used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft,
181 including all movement areas, runways, taxiways, and apron areas where aircraft are parked,
182 services, refueled, loaded with cargo, or accessed by passengers, including the areas surrounding
183 hangars, navigation equipment and communication facilities.
184
185 BUSINESS: For purposes of this title, “Business” means a voluntary association formed and
186 organized to carry on a business in the legal name of the association, including, without
187 limitation, a corporation, limited liability company, partnership, or sole proprietorship.
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188 CITY: “City” means and has reference to Salt Lake City Corporation, a municipal corporation of
189 the state of Utah.
190
191 CITY COUNCIL: “City Council” means the municipal legislative body of Salt Lake City as is
192 more thoroughly described in Chapter 2.06 of this code.
193
194 COMMERCIAL: For purposes of this title, “Commercial” means that which promotes or
195 makes possible earnings, income, revenue, compensation, profits, exchanges (including change
196 of services), trading, buying, hiring, or selling of commodities, goods, services, or tangible or
197 intangible property of any kind, whether such objectives are accomplished or not.
198
199 DEPARTMENT: For purposes of this title, “Department” means the Salt Lake City Department
200 of Airports.
201
202 DIRECTOR: For purposes of this title, “Director” means the duly appointed and qualified
203 department head of the “Department of Airports,” selected and appointed by the Mayor with the
204 recommendation of the Airport Advisory Board and with the advice and consent of the City
205 Council, or designee.
206
207 FAA: “FAA” means the Federal Aviation Administration.
208
209 FAR: “FAR” means the federal aviation regulations.
210
211 GROUND TRANSPORTATION BUSINESS: “Ground Transportation Business” means any
212 business operating any ground transportation vehicle.
213
214 GROUND TRANSPORTATION VEHICLE: For purposes of this title, “Ground Transportation
215 Vehicle” means any motor vehicle used for the transportation of persons using Salt Lake City
216 streets for commercial purposes, regardless of whether a fee or fare is collected.
217
218 INTERNATIONAL AIRPORT: “International Airport” means the Salt Lake City International
219 Airport, as the property now exists or as may hereafter be expanded or improved, together with
220 all the appurtenant facilities, and includes all areas shown in the FAA-approved airport layout
221 plans.
222
223 LANDING AREA: “Landing Area” means the runways, taxiways, intermediate turnoffs, any
224 area of land utilized for an advanced air mobility system, and adjoining areas of the Airport
225 System.
226
227 MAYOR: “Mayor” means the duly elected or appointed and qualified chief executive and
228 administrative officer of Salt Lake City, or his/her authorized representative.
229
230 MINIMUM STANDARDS: For purposes of this title, “Minimum Standards” means the
231 standards, directives, policies, and procedures for Commercial Aeronautical Activities applicable
232 to the Airport System as adopted by authority of this title.
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233 MOTOR VEHICLE: For purposes of this title, “Motor vehicle” means any vehicle propelled by
234 an internal combustion or electric motor.
235
236 ON-AIRPORT RENTAL CAR OPERATOR: “On-Airport Rental Car Operator” means an
237 Operator occupying a rental car concession on the premises of the Airport System.
238
239 OPERATOR: For purposes of this title, “Operator” means persons engaged in commercial or
240 aeronautical activities within the Airport System.
241
242 PERSON: For purposes of this title, “Person” means and includes a natural person, organization,
243 corporation, partnership, company, entity, firm, association or corporation, including any
244 representative thereof.
245
246 RAMP: For purposes of this title, “Ramp” means a paved area of the airport normally used for
247 the parking and taxiing of aircraft.
248
249 RULES AND REGULATIONS: For purposes of this title, “Rules and Regulations” means the
250 standards, directives, policies and procedures applicable to the Airport System as adopted by
251 authority of this title.
252
253 VEHICLE: For purposes of this title, “Vehicle” means a device in, upon or by which any Person
254 or property is or may be propelled, moved, transported, hauled, or drawn upon any roadway
255 within the Airport System.
256
257
258 16.10.020: PURPOSE
259
260 This title is enacted to provide for and protect the public health, safety, interest and general
261 welfare, and to regulate the activities and the conduct of business within the Airport System, as
262 authorized by the Aeronautics Act, Utah Code Chapter 72, Title 10, or its successor. The purpose
263 of enacting this title is, within the Airport System, to ensure, safe, efficient, and adequate levels
264 of operations and services, protect against unlicensed and unauthorized products and services,
265 maintain, and enhance the availability of adequate services, promote the orderly development of
266 land, ensure the economic health of providers, and ensure the efficient use and preservation of
267 navigable airspace.
268
269
270 16.10.030: AUTHORITY TO ADOPT RULES AND REGULATIONS AND MINIMUM
271 STANDARDS:
272
273 Any authority granted under this section is limited by the Department’s role as a City department
274 within City government and does not authorize the Department to exercise independent authority
275 outside of City departmental authority. The Director will provide a written report to the City
276 Council on any changes to the Rules and Regulations and Minimum Standards applicable to the
277 Airport System and the purpose of such changes in conjunction with and before adoption of
278 those changes.
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279
280 Subject to approval by the Mayor, prior to adoption for actions within administrative authority,
281 and subject to approval by the City Council where applicable for actions within legislative
282 authority, and consistent with other applicable provisions of this code, the Director shall have the
283 power and authority to adopt Rules and Regulations and Minimum Standards applicable to the
284 Airport System for the following purposes:
285
286 A. Subject to applicable provisions of this code, including zoning, land use, and building code
287 requirements, to regulate the development, construction, use, occupancy, management,
288 security, control, operation, care, repair and maintenance of all land, structures and facilities
289 within the Airport System;
290
291 B. Subject to the City Council’s authority to adopt and modify fees and set the Airport’s
292 department budget, to regulate all revenue producing commercial activities and establish and
293 set rates, fees and charges as shall be necessary to meet the needs for operating the Airport
294 System. All Department operations, whether governed by this title or applicable federal laws
295 and regulations, shall conform to the budgets adopted by the City Council and budget
296 amendments when needed and shall be consistent with this code and the Uniform Fiscal
297 Procedures Act for Utah Cities;
298
299 C. Subject to approval by the Mayor, to establish reasonable time, place and manner guidelines
300 for the exercise of First Amendment rights;
301
302 D. Subject to and consistent with other applicable provisions City Code, to regulate the
303 operation of passenger and vehicle traffic, ground transportation and Ground Transportation
304 Businesses, and parking facilities; and
305
306 E. Subject to the Mayor’s authority to regulate City operations, to restrict or prevent any activity
307 or action that would interfere with the safe, orderly, and efficient use of the Airport System
308 by passengers, Operators, tenants, and authorized users and to allow for enforcement of the
309 Department’s Rules and Regulations and Minimum Standards.
310
311
312 16.10.040: ALL RULES, REGULATIONS AND MINIMUM STANDARDS APPLICABLE
313 TO THE AIRPORT SYSTEM:
314
315 All Persons using the Airport System, whether by permission, invitation, or license, agree to
316 comply with the Department’s Rules and Regulations and Minimum Standards. No Person shall
317 commit any violation of this title, the Rules and Regulations and Minimum Standards
318 promulgated hereunder, including all fire protection requirements required under applicable law
319 and this code, or any applicable federal, state, or local law while on the Airport System property.
320
321
322 16.10.050: REVOCATION OF USE PRIVILEGE:
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323 Any Person trespassing on the Airport System, or refusing to comply with this title, the
324 Department’s Rules and Regulations and Minimum Standards, or applicable federal, state, or
325 local law, may be directed to leave the Airport System property by a law enforcement officer, the
326 Director, or by any authorized Airport employee, and may be deprived of further use of the
327 Airport System and its facilities. Failure to comply with a direction to leave the Airport System
328 property may result in the arrest or citation of the Person for trespass under the Department’s
329 Rules and Regulations, and federal, state, and local law.
330
331
332 16.10.060: COMMERCIAL ACTIVITIES; PERMIT REQUIREMENTS:
333
334 No Person shall use the Airport System, or any portion thereof, for any Commercial Aeronautical
335 Activity, or any business or revenue producing non-aviation commercial activity, without first
336 obtaining a written contract, permit, license, lease or other form of written authorization from the
337 Department for such activity, in compliance with any applicable Rules and Regulations and
338 Minimum Standards, and paying the established or market rates, as applicable, and charges
339 prescribed for such use. No Person not so authorized shall operate, service or repair aircraft or
340 carry on any business of any nature on the Airport System property. All commercial activities on
341 the Airport System property may be allowed at the sole discretion of the Department for the
342 purpose of promoting the best interests of the Airport System.
343
344
345
346 16.10.070: USE OF AIRPORT PROPERTY; RISK AND LIABILITY; IMPLIED
347 AGREEMENT:
348
349 Any Person causing damage of any kind to the Airport System, or its facilities or improvements,
350 shall be liable for such damage to the City. All Persons using the Airport System, whether by
351 permission, invitation or license, do so at their own risk and shall assume full responsibility for
352 their own acts and omissions, and the acts and omissions of their agents, contractors, employees,
353 guests and, and shall hold harmless, indemnify and defend the City, its officers, board members,
354 departments, representatives, authorized representative(s), employees, affiliates, successors and
355 agents from liability for any loss, damage or injury resulting from their use thereof, including
356 from the claims of others arising out of their use.
357
358
359 16.10.080: NO PRE-EMPTION:
360
361 To the extent of any irreconcilable conflict between this title and any federal or state law, the
362 latter shall control. It is not the intent of this title to excuse any Person or Operator from the
363 performance of any obligation they may have under any agreement with the City, whether the
364 agreement is in existence at the time of adopted or entered into thereafter. Such agreements may
365 include requirements, terms or conditions in addition to or more restrictive than the provisions
366 of this title.
367
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368 16.10.090: PAYMENT OF RENTS, FEES, AND CHARGES:
369
370 All Persons using the Airport System shall pay the rents, fees and charges specified by the
371 Department as applicable. Use fees, as determined by the Director and set forth in the Salt Lake
372 City consolidated fee schedule, shall be imposed on users of the Airport System, and may
373 include, but is not limited to, fees for: aeronautical services, landing fees, aircraft apron facilities,
374 cargo carrier Ramp use, aircraft parking, in-flight catering, baggage claim facilities, rates and
375 charges, flight training, repair services, badging services, exclusive terminal use, and other
376 common and public use facilities. Fuel fees and taxes shall be imposed on any Person offering
377 aviation fuel for sale within the Airport System in accordance with state law and fees set forth in
378 the consolidated fee schedule. Payment of all required fees shall be made in the manner
379 prescribed by the Director consistent with the Rules and Regulations and applicable provisions
380 of this code.
381
382
383 16.10.100: CUSTOMER FACILITY CHARGE:
384
385 A. A customer facility charge (CFC) shall be imposed on each rental transaction day, up to and
386 including a maximum of twelve (12) days per rental contract, for the rental of a vehicle from
387 an On-Airport Rental Car Operator.
388
389 B. The Director is authorized to implement and administer the CFC program on behalf of the
390 City, through concession and/or lease contracts or other means, including, without limitation,
391 the Department’s Rules and Regulations. CFC revenues may be pre-collected for future use,
392 as specified in this chapter.
393
394 C. On-Airport Rental Car Operators shall collect the CFC revenues which shall be held in trust
395 for the benefit of the City. CFC revenues at all times shall be property of the City and the On-
396 Airport Rental Car Operators shall have no ownership or property interest in the CFC
397 revenues.
398
399 D. On-Airport Rental Car Operators shall list the CFC as a separate line item described as
400 “customer facility charge” on all customer invoices.
401
402 E. On-Airport Rental Car Operators shall segregate, separately account for and disclose all CFC
403 revenues as trust funds in their financial statements and shall maintain adequate records to
404 account for all CFCs charged and collected.
405
406 F. On a monthly basis, On-Airport Rental Car Operators shall remit the CFC revenues directly
407 to the Department, which shall be received no later than the last day of the month following
408 the month in which the CFC charges were imposed. On-Airport Rental Car Operators shall
409 submit a monthly transaction report which includes the following: transaction days, a
410 summary of daily business transactions in connection with the International Airport, an
411 accounting of all fees charged to Airport customers in connection with such transactions, and
412 such other information as required by City.
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413
414 16.10.110: FUNDS; DISPOSITION AND ACCOUNTING:
415
416 A. All funds received from fuel, taxes, rentals, concessions, customer facility charges (CFCs), or
417 any other source within the Airport System shall be placed in the airport enterprise funds and
418 kept separate and apart from all other City funds. The collection, accounting, and expenditure
419 of all airport enterprise funds shall be in accordance with existing fiscal policy of the City
420 and consistent with state and federal laws and federal grant assurances.
421
422 B. Funds received from customer facility charges (CFCs) shall be used for paying the City’s
423 capital costs for construction and improvement of rental car facilities in the Airport System,
424 including costs that support environmental sustainability; paying a pro rata share of City’s
425 costs for joint use infrastructure, such as roadways, ready return and quick turnaround areas
426 allocable to rental car usage; building reserves for renewal and replacement capital costs;
427 paying common costs of a shuttle bus operation for rental car customers; funding
428 transportation costs and other costs associated with interim operations during construction
429 phasing and relocation of rental car operations; paying the City’s costs for infrastructure for
430 future lease areas for a service center, including site prep; funding debt service associated
431 with rental car facilities; or funding City’s costs for such other rental car related purposes as
432 the City determines.
433
434
435
436 16.10.120: HUNTING AND SHOOTING PROHIBITED:
437
438 There shall be no hunting or shooting on the Airport System without the express prior written
439 approval of the Director.
440
441
442 16.10.130: USE OF ROADWAYS AND SIDEWALKS:
443
444 No person shall hinder or obstruct the use of any roadway or walkway provided for vehicular or
445 pedestrian travel, or otherwise use or occupy the same except in accordance with the ordinary
446 use thereof for the particular class of traffic involved.
447
448
449 16.10.140: FLYING OF DRONES, MODEL AIRCRAFT AND OTHER OBJECTS:
450
451 No person shall fly any model or remote-controlled airplane, kite, model rocket, balloon, drone,
452 or other airborne device on or near the Airport System or controlled properties without the
453 express written prior approval of the Director.
454
455
456 16.10.150: FLIGHT OVER THE CITY; RESTRICTIONS:
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457 Persons flying any aircraft within the limits of the City shall operate the same as to cause a
458 minimum amount of noise and inconvenience and shall not endanger property or the lives of
459 others.
460
461
462 16.10.160: GLIDERS, BALLOONS, AND SIMILAR VEHICLES PROHIBITED:
463
464 No glider, hang gliders, heligliders, hot air balloons and similar aircraft like vehicles shall be
465 operated on or from the Airport System.
466
467
468 16.10.170: FUELING OF AIRCRAFT, VEHICLES AND EQUIPMENT; AUTHORIZED
469 OPERATIONS ONLY:
470
471 Fueling of aircraft, vehicles and equipment shall only be performed by persons authorized by the
472 Director and trained in fuel servicing procedures and safe operation of fuel equipment. Fueling
473 equipment shall meet National Fire Prevention Association standards. Fuel that is delivered to
474 the Airport System for the purposes of storage or resale on the Airport System shall only be
475 delivered to facilities which have been designated by the Director as a fuel farm, or fuel storage
476 and dispensing area. No aircraft shall be refueled or defueled while the aircraft is running or
477 while such aircraft is in a hangar or other enclosed space, or while being warmed by the
478 application of external heat.
479
480
481 16.10.180: PARKING AREAS:
482
483 A. Parking areas for motor vehicles shall be set aside for airport employee parking and general
484 public parking. No person shall park a motor vehicle or a trailer in any place on the airport
485 other than those areas designated by the Director or as expressly set forth in this title or Rules
486 and Regulations.
487 B. Tenants of T-hangars and shade hangars may park their motor vehicles in their own hangars
488 when the aircraft is being flown, or in front of their hangar if they are present. Service or
489 delivery vehicles may park next to a tenant’s hangar long enough for delivery. All others
490 shall park in public lots.
491 C. No person shall park a motor vehicle on the airport in excess of seventy two (72) consecutive
492 hours unless it is parked in the public parking area or with the authorization of the airport.
493 D. No person shall park a motor vehicle in an area designated as a public parking lot unless such
494 person pays the authorized rate for such parking lots. Each hour of use in violation of this
495 section shall be a separate offense.
496
497 16.10.190: REPAIRS TO AIRCRAFT:
498
499 A. No aircraft, aircraft engine, propeller or appliance shall be repaired in any area of the Airport
500 System other than that area specifically designated or approved by the Director. The Director
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16
501 has designated that a person who properly leases an enclosed hangar at the airport may make
502 or cause to be made necessary repairs, maintenance and inspections that are required by
503 federal aviation regulations to maintain the aircraft in an airworthy condition when the same
504 are not otherwise prohibited by this title, but only for the aircraft listed in the lease and in
505 accordance with applicable Rules and Regulations.
506
507 B. No repair will be made on any aircraft in a hangar other than that aircraft normally assigned
508 to that hangar. Corporate aircraft maintenance hangars or areas, however, are considered as
509 designated repair areas for maintenance on their own corporate aircraft.
510
511 C. All repairs on aircraft are to be made by properly certified mechanics, except those items of
512 “preventive maintenance” performed by the owner or operator in accordance with the
513 provisions of FAR, part 43, or successor provisions.
514
515 D. Items of preventive maintenance may be performed in tiedown areas. in accordance with
516 applicable Rules and Regulations.
517
518
519 16.10.200: AIRFRAME AND/OR POWER PLANT REPAIR:
520
521 Any person desiring to engage in airframe and/or power plant repair service must, as a minimum,
522 do the following:
523
524 A. Register the business with the Director, stating the scope of activities to be entered into;
525
526 B. Comply with sections of this title and Rules and Regulations;
527
528 C. Provide the appropriate certification to comply with FAA regulations, and maintain such
529 certificate in a current status;
530
531 D. Accomplish all work in accordance with FAA regulations and have all work inspected
532 according to state and federal regulations.
533
534
535 16.10.210: SELF-FUELING:
536
537 Aircraft owners or pilots desiring to conduct self-fueling operations shall notify the Director in
538 writing, obtain a written permit from the airport and comply with the terms thereof.
539
540
541 16.10.220: UNLAWFUL ENTRY OF HANGARS OR OTHER BUILDINGS:
542
543 No person shall enter any hangar or portion of any building occupied by any person under a lease
544 or license from the City without consent of such licensee. However, this section does not
545 abrogate the City’s right to enter any leased hangar or building as provided in any of the City’s
546 written lease agreements, or by authority of law.
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547
548
549 CHAPTER 16.20
550 GENERAL FLIGHT REGULATIONS
551
552 16.20.010: Federal, State and Local Law Applicable
553 16.20.020: Authority to Establish Landing Field
554 16.20.030: Use of Runways Required
555 16.20.040: Reckless Aircraft Operation; Penalty
556 16.20.050: Dropping Objects from Aircraft
557
558
559 16.20.010: FEDERAL, STATE AND LOCAL LAW APPLICABLE:
560
561 No Person shall navigate any Aircraft or conduct any Aircraft Operations on the Airport System
562 property other than in conformity with applicable federal, state, and local law, ordinances, rules
563 and regulations of any kind, including the Department’s Rules and Regulations, and Minimum
564 Standards.
565
566
567 16.20.020: AUTHORITY TO ESTABLISH LANDING FIELD:
568
569 Unless otherwise provided by law, it is unlawful for any Person to set up or to maintain within
570 the boundary of the City any landing field or Landing Area for aircraft or advanced air mobility
571 system without the express written permission of the Department. Such landing field or Landing
572 Area must be designed and installed in accordance with FAA guidance and all applicable zoning
573 regulations, including any FAA and City permitting requirements.
574
575
576 16.20.030: USE OF RUNWAYS REQUIRED:
577
578 Landings and takeoffs of Aircraft shall be confined to paved runways or FAA approved Landing
579 Areas.
580
581
582 16.20.040: RECKLESS AIRCRAFT OPERATION; PENALTY:
583
584 Any person who manifests a willful disregard for the safety of persons or property may, after
585 providing reasonable notice to such person and opportunity for hearing on the matter, be denied
586 the use of the Airport System. If such disregard is due to any violation of Rules and Regulations
587 or regulations in force and effect by the state or the FAA, denial of use of the Airport System
588 may be for such period of time as in the discretion of the Director is deemed advisable.
589
590
591 16.20.050: DROPPING OBJECTS FROM AIRCRAFT:
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592 It is unlawful to drop any material, object or refuse from an aircraft while taxiing upon the
593 Airport System or while in flight within the limits of the City unless prior permission has been
594 obtained in writing from the FAA, the Utah State Aeronautics Commission and the Mayor.
595
596
597 CHAPTER 16.30
598 COMMERCIAL AERONAUTICAL ACTIVITY; LEASING AIRPORT PROPERTY
599
600 16.30.010: Commercial Aeronautical Activity Requirements
601 16.30.020: Mandatory and Minimum Standard Lease Clauses
602 16.30.030: Security and Bond Requirements
603
604
605 16.30.010: COMMERCIAL AERONAUTICAL ACTIVITY REQUIREMENTS:
606
607 Any Person or Operator engaging in Commercial Aeronautical Activity on or from the Airport
608 System must comply with the applicable Minimum Standards for each specific activity and
609 paying the rates and charges prescribed for such use. No Person or Operator shall operate or
610 engage in Commercial Aeronautical Activity on or from the Airport System without complying
611 with the applicable Minimum Standards for each specific activity.
612
613 16.30.020: MANDATORY AND MINIMUM STANDARD LEASE CLAUSES;
614 CONTRACT PROVISIONS:
615
616 In addition to any other provision required under ordinance or other applicable law, all leases or
617 contracts relating to or concerning Commercial Aeronautical Activity on or from the Airport
618 System and all other easements or contracts with the Department of Airports of any kind shall
619 contain the following:
620
621 A. Federal Requirements: A lease, easement, or other agreement must include all federally
622 required contract provisions and any provisions required to comply with federal grant
623 assurances; such agreements shall be subordinate to the provisions of any existing or future
624 agreement between the City and the United States, relative to the operation and maintenance
625 of the Airport System, the execution of which has been or may be required as a condition
626 precedent to the expenditure of federal funds for the development of the Airport System.
627
628 B. Assignment of Lease: The City, in its sole discretion, may approve or deny any assignment
629 of a lease or sublease of the City-owned property at the Airport System, or of any other
630 agreement with the City.
631
632 C. Indemnification; Insurance: The Department’s current indemnification and insurance
633 requirements established under the Rules and Regulations or other Department guidelines
634 shall be included in any lease or other agreement with any contractor, sub-contractor, third
635 party, or Person contracting with the City at or related to the Airport System.
636
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637 16.30.030: SECURITY AND BOND REQUIREMENTS:
638
639 Prior to the execution of a lease or other agreement and entry upon the premises or other area of
640 the Airport System, the lessee or other Person shall provide to the City a performance bond or
641 letter of credit to the Department in accordance with the Department’s Rules and Regulations
642 and other Department guidelines, acceptable to the City Attorney’s Office, which shall be held
643 by the City for the term of the lease or other agreement as security for full performance of the
644 lessee’s or Person’s obligations. A lessee or other Person engaged in construction, alteration or
645 improvement on the Airport System shall require any contractor to deliver performance and
646 payment bonds as required under with the Department’s Rules and Regulations and other
647 Department guidelines, and applicable law, to the City, which are binding on the parties and that
648 shall remain in full force until such time as the contractor provides a notice of lien waiver to the
649 City.
650
651
652 CHAPTER 16.40
653 MOTOR VEHICLE OPERATIONS
654
655 Article I. General Regulations
656 16.40.010: Compliance with Law
657 16.40.020: Exemptions from Requirements of this Chapter
658 16.40.030: Driving Restrictions
659 16.40.040: Vehicle Ramp Operations
660 16.40.050: Reporting Accidents
661 16.40.060: Prohibited Vehicles and Animals
662 16.40.070: Parking Vehicles; Impoundment Authorized
663
664 Article II. Ground Transportation Businesses
665 16.40.080: Businesses Authorized to Provide Ground Transportation
666 16.40.090: Passenger Pick Up and Drop Off
667 16.40.100: Ground Transportation Fees Required
668 16.40.110: City Ordinances Applicable to Airport
669 16.40.120: Staging and Parking of Ground Transportation Vehicles
670 16.40.130: Sign Requirements
671
672
673 16.40.010: COMPLIANCE WITH LAW:
674
675 No Person shall operate or park a Motor Vehicle on the Airport System except in strict
676 compliance with applicable federal, state, and local law, Rules and Regulations and Minimum
677 Standards.
678
679
680 16.40.020: EXEMPTIONS FROM REQUIREMENTS OF THIS CHAPTER:
LEGISLATIVE DRAFT
20
681 Vehicles licensed and operated by a government agency, a university or school district, the Utah
682 Transit Authority, an ambulance service, and others, as may be designated in Rules and
683 Regulations, and others as may be designated by the Director, are exempt from the requirements
684 of this chapter.
685
686
687 16.40.030: DRIVING RESTRICTIONS:
688
689 A. Any Motor Vehicle operated on the AOA as a service vehicle shall display the Department-
690 issued identification sticker and shall also bear company identification visible from fifty feet
691 (50’) on both sides of the vehicle.
692
693 B. No Person or Vehicle is permitted in, on, or around any secured area, including but not
694 limited to, any hangar, landing field, runway, apron, taxiway, or the AOA, without prior
695 permission from the Director.
696
697 C. Motor Vehicles, trucks and other equipment (including airport maintenance and emergency
698 vehicles) operating on any Landing Area, runway, apron or the AOA shall display a standard
699 checkered flag or flashing amber or red light, as appropriate, if operated at night, or shall be
700 marked in accordance with Federal Aviation Administration regulations or as authorized by
701 the Director and shall not be operated without prior permission of the control tower.
702
703
704 16.40.040: VEHICLE RAMP OPERATIONS:
705
706 A. Speed Limits: Motor Vehicles shall be operated on established streets and roadways within
707 the Airport System in strict compliance with posted speed limits. Motor Vehicles shall be
708 operated on the AOA, including any passenger loading ramp, aircraft parking ramp, or in any
709 area immediately adjacent to the terminals or hangars, at a safe and reasonable speed, not to
710 exceed the posted speed limit.
711
712 B. Use of Ramp Roadways: Vehicles shall be operated only within the limits of the designated
713 painted roadways on the AOA, except as required to perform aircraft servicing and airfield
714 inspections.
715
716 C. Traffic Markings on Paved Surfaces: Vehicle operators shall observe all traffic markings
717 painted on AOA pavement surfaces.
718
719 D. Yield Right-of-Way to Aircraft: All Vehicles shall yield right-of-way to any Aircraft when
720 the Aircraft is under tow or has its engines operating. No Vehicle shall proceed past such
721 Aircraft until the Vehicle’s progress will not impede the Aircraft’s movement. Nothing here
722 shall preclude an agreement to the contrary between the City and the FAA.
723
724
725 16.40.050: REPORTING ACCIDENTS:
LEGISLATIVE DRAFT
21
726 Any Person involved in an accident on the Airport System resulting in personal injury or damage
727 to property shall report the accident promptly to the Department.
728
729
730 16.40.060: PROHIBITED VEHICLES AND ANIMALS:
731
732 No motorized or non-motorized go-cart, scooter, skateboard, motorbike, bicycle, horse or horse
733 trailer, or similar vehicle, shall be permitted on the AOA, or hangar area without approval of the
734 Director, except for bicycles that are secured and delivered to an Aircraft for transport, or
735 motorcycles used for surface transportation in a hangar area.
736
737
738 16.40.070: PARKING VEHICLES; IMPOUNDMENT AUTHORIZED:
739
740 No Person shall park any Vehicle on the Airport System in violation of the Rules and
741 Regulations or posted traffic signs and markings or without payment of authorized fees. Any
742 Vehicle parked in violation of Rules and Regulations or posted traffic signs and markings may
743 be impounded or relocated in accordance with state law. The owner of any impounded Vehicle
744 shall pay for the tow charge, regular parking fees, and other penalties and related charges.
745
746
747 ARTICLE II. GROUND TRANSPORATION BUSINESSES
748
749
750 16.40.080: BUSINESSES AUTHORIZED TO PROVIDE GROUND
751 TRANSPORTATION:
752
753 No Person shall operate a ground transportation vehicle on the Airport System unless it is
754 operated as part of an authorized Ground Transportation Business in accordance with Chapter
755 5.71, or successor provision.
756
757
758 16.40.090: PASSENGER PICK UP AND DROP OFF:
759
760 All Persons operating a Ground Transportation Vehicle on the Airport shall pick up and drop off
761 passengers only in areas as designated by the Director. Ground Transportation Vehicles may
762 occupy such area only for the period of time established by the Director.
763
764
765 16.40.100: GROUND TRANSPORTATION FEES REQUIRED:
766
767 No Ground Transportation Vehicle or Authorized Ground Transportation Business shall occupy
768 or use the Airport System without paying the required fees as established under this title.
769
770
771 16.40.110: CITY ORDINANCES APPLICABLE TO AIRPORT:
LEGISLATIVE DRAFT
22
772
773 All applicable ordinances set forth in this code, including, without limitation, Title 5 of this code
774 or its successor, shall apply to the International Airport. With the approval of the Mayor and
775 upon notice to the City Council the Director may waive or temporarily impose restrictions not
776 addressed in this chapter or Department Rules and Regulations if it is determined that
777 circumstances in the City exist that create congestion, security concerns, emergency conditions,
778 or other operational problems, and that a temporary suspension or modification of ordinances is
779 in the best interests of the city to address such circumstances. If the City Council does not act
780 within sixty (60) days to approve or disapprove the action, then the action is deemed approved.
781
782
783 16.40.120: STAGING AND PARKING OF GROUND TRANSPORTATION VEHICLES:
784
785 Any use of a staging area, parking facilities, taxi stands, parking areas, traffic lanes or other areas
786 and facilities on the Airport System used by Authorized Ground Transportation Vehicles are
787 subject to Department Rules and Regulations.
788
789 16.40.130: SIGN REQUIREMENTS:
790
791 Signs may be posted at the International Airport by authorized Ground Transportation
792 Businesses in accordance with applicable City ordinances, Department contracts, and
793 Department Rules and Regulations.
794
795
796 CHAPTER 16.50
797 VIOLATION, PENALTY AND ENFORCEMENT
798
799 16.50.010: Prohibitive Nature of Regulations
800 16.50.020: Removal Authorized
801 16.50.030: Violation; Penalty
802 16.50.040: Issuance of a Civil Notice of Violation
803 16.50.050: Civil Penalties, Enforcement and Appeal
804 16.50.060: Enforcement Procedures; Civil Notice of Ground Transportation Violation
805
806
807 16.50.010: PROHIBITIVE NATURE OF REGULATIONS:
808
809 It is a violation of this title for any Person to do any act prohibited by federal, state or local law,
810 and Rules and Regulations, to fail or refuse to do any act required by law, to operate any Vehicle
811 or Aircraft in violation of any provisions of this title, Rules and Regulations or Minimum
812 Standards, or to operate any Vehicle or Aircraft unless such Vehicle or Aircraft is equipped and
813 maintained as provided in this title or other applicable law.
814
815
816 16.50.020: REMOVAL AUTHORIZED:
LEGISLATIVE DRAFT
23
817 Any Person operating any Vehicle or Aircraft on the Airport System in violation of this title or
818 other applicable law, or by refusing to comply therewith, may be removed or ejected from the
819 Airport System, and may be deprived of the further use of the Airport System and its facilities
820 for such length of time as may be deemed necessary by the Director to ensure the safe, orderly
821 and efficient use of the Airport System.
822
823
824 16.50.030: VIOLATION; PENALTY:
825
826 Except as otherwise provided, any person guilty of violating any provision of this title shall be
827 deemed guilty of a Class B misdemeanor.
828
829
830 16.50.040: ISSUANCE OF A CIVIL NOTICE OF VIOLATION:
831
832 A. Every notice issued under this chapter shall be issued in the form of a written civil notice and
833 shall contain a statement that the named party may appeal the imposition of the penalty and
834 provide information regarding the process for appeal.
835
836 B. Any driver, Vehicle owner, or Person that violates any provision of this chapter may be
837 named in a civil notice issued by the City and shall be liable for a civil penalty. A violation of
838 any provision of this chapter by any driver or Vehicle owner shall also constitute a violation
839 of such provision by the business under whose authority such driver or owner was operating
840 at the time of the violation.
841
842
843 16.50.050: CIVIL PENALTIES, ENFORCEMENT AND APPEAL:
844
845 A. Any Person that violates this title, Department Rules and Regulations, or other applicable law
846 is subject to civil penalties and any other lawful action as may be taken by the Director to
847 ensure the safe and effective operations of the Airport System.
848
849 B. The City may revoke, suspend, or deny renewal of a City business license to operate a
850 business for violation of any provision of this title, Department Rules and Regulations, or
851 other applicable law, as provided under title 5 of this code, or successor provision.
852
853 C. Any civil penalty under this chapter may be in addition to any other penalty that may be
854 imposed by law or Department Rules and Regulations.
855
856 D. Violations of provisions of this title shall constitute civil violations and be subject to the
857 following civil penalties:
858
Section:Amount of Penalty:Violation:
General Regulations:
LEGISLATIVE DRAFT
24
16.10.060 $500.00/day Commercial activities, conduct of general business;
payments of rents, fees, and charges
16.10.150 $200.00 Unauthorized use of roads and walks
16.40.010 $500.00 Vehicle operations on airport
16.10.180 $100/day Aircraft parking area violation
16.40.030 $1,000.00 Secured area vehicle operations
16.40.040 $1,000.00 Ramp area vehicle operations
16.40.050 $1,000.00 Failure to report accident
16.40.060 $1,000.00 Prohibited vehicle or animal in secure area
16.10.180 $200.00 Parking area restrictions/failure to pay fees
16.40.070 $100.00 Parking violation posted signs
Ground Transportation Businesses:
16.40.080 $1,000.00 Unauthorized ground transportation vehicle
16.40.090 $200.00 Unauthorized passenger pickup/drop off
16.40.100 $500.00 Failure to pay fees/return AVI tags
16.50.120 $100.00 Unauthorized staging/use of grounds and facilities
860
861
862 16.50.060: ENFORCEMENT PROCEDURES; CIVIL NOTICE OF GROUND
863 TRANSPORTATION VIOLATION:
864
865 Civil notices under this title shall be heard in accordance with title Chapter 2.75 of this code, or
866 its successor.
867
868
869 SECTION 7. Amending the Consolidated Fee Schedule. That the section of the Salt
870 Lake City consolidated fee schedule titled, “Airport” shall be and hereby is amended to read as
871 follows:
LEGISLATIVE DRAFT
25
AIRPORT
For question regarding Airport fees contact: 801.575.2721
Service Fee Additional Information Section
Air Carrier Fees
Landing fee $5.37 Per 1,000 lbs gross certified landing
weights
16.12.16016.10.090;
16.30.010
Terminal rent - conditioned $309.55 Per square foot / per year 16.12.15016.10.090;
16.30.010
Terminal rent - unconditioned $154.78 Per square foot / per year 16.12.15016.10.090;
16.30.010
Common use gate $714.00 Per use / use equals three hours 16.12.14016.10.090;
16.30.010
Common use boarding bridge $18.00 Per use / use equals three hours 16.12.14016.10.090;
16.30.010
Common use ticket counter $438.00 Per use / use equals three hours 16.12.14016.10.090;
16.30.010
Common use office space $159.00 Per use / use equals three hours 16.12.14016.10.090;
16.30.010
Common use bag make-up $613.00 Per use / use equals three hours 16.12.14016.10.090;
16.30.010
Common use bag claim $5.83 Per enplaned passenger 16.12.14016.10.090;
16.30.010
Early bag storage fee $5.78 Per bag 16.12.14016.10.090;
16.30.010
FIS facility and international
bag claim area $5.93 Per deplaned passenger 16.12.14016.10.090;
16.30.010
Hardstand usage fee $549.00 75% of common use gate & boarding
bridge
16.12.14016.10.090;
16.30.010
Remain overnight (RON) -
aircraft groups 1 & 2 $100.00
Remain overnight (RON) -
aircraft groups 3 & higher $200.00
Aircraft remaining overnight & parked
beyond the bounds of each leased
terminal aircraft apron.
16.12.14016.10.090;
16.30.010
GSE storage area $0.50 120% of prevailing ground rent per
square foot
16.12.14016.10.090;
16.30.010
Stacking charges - aircraft
groups 1 & 2 $50.00
Stacking charges - aircraft
groups 3 & higher $100.00
Airline stack aircraft beyond the bounds
of each leased terminal aircraft apron
16.12.14016.10.090;
16.30.010
Preferential use boarding
bridges - maintenance $1,150.00 Monthly charge per bridge 16.12.14016.10.090;
16.30.010
Preferential use boarding $650.00 Monthly charge per bridge 16.12.14016.10.090;
LEGISLATIVE DRAFT
26
bridges - parts & supplies 16.30.010
Cargo ramp use fee $18.25 Per use fee 16.12.14016.10.090;
16.30.010
Cargo ramp weight fee $0.27 Per 1,000 lbs gross certified landing
weights
16.12.14016.10.090;
16.30.010
Fuel Royalties $0.06 Per gallon of fuel 16.12.19016.10.090;
16.10.170; 16.30.010
For Landing Fee Exemptions: See Section 16.12.160 Administrative Rules and Regulations
Aircraft Parking Fees
Daily
Less than 12,500 pounds (U42 -
SVRA)$20.00 Ramp and tie down parking 16.12.180;
16.40.08016.10.090
12,500 pounds to 44,999 pounds
(U42 - SVRA)$65.00 Ramp and tie down parking 16.12.180;
16.40.08016.10.090
Tooele Valley Airport (TVY)$20.00 Ramp and tie down parking 16.12.180;
16.40.08016.10.090
Aircraft Parking - Shade hangar
(U42 - SVRA)$35.00 Daily parking fee 16.12.180;
16.40.08016.10.090
Aircraft Parking - Single hangar
(U42 - SVRA)$65.00 Daily parking fee 16.12.180;
16.40.08016.10.090
Aircraft Parking - Twin hangar
(U42 - SVRA)$95.00 Daily parking fee 16.12.180;
16.40.08016.10.090
Aircraft parking fees exemption: Any person engaging in air transportation services having an assigned gate hold
Aeronautical Services
Aircraft rental permit $250.00 Annual, per rental aircraft 16.56.09016.10.090;
16.30.010
Aircraft sales permit $250.00 Annual 16.56.09016.10.090;
16.30.010
Commercial flight service
permit $250.00 Annual 16.56.09016.10.090;
16.30.010
Commercial flight service
aircraft owner permit $250.00 Annual, per aircraft in addition to
Commercial Flight Service Permit Fee
16.56.09016.10.090;
16.30.010
Flight training permit $250.00 Annual 16.56.09016.10.090;
16.30.010
Flight training aircraft owner
permit $250.00 Annual, per aircraft in addition to flight
training owner permit fee
16.56.09016.10.090;
16.30.010
Airframe and/or power plant
repair $250.00 Annual
16.12.060;
16.56.11016.10.090;
16.10.200; 16.30.010
LEGISLATIVE DRAFT
27
Radio, instrument or propeller
repair service permit $250.00 Annual 16.56.17016.10.090;
16.10.190; 16.30.010
Hangar application wait list fee $150.00 $50 non-refundable 16.56.05016.10.090
Miscellaneous business permit $250.00 Annual 16.56.05016.10.090;
16.30.010
Multiple aeronautical services
Any person desiring to engage in two (2) or more
commercial aeronautical activities is responsible for
payment of all fees as established for each aeronautical
activity engaged in; however, fees for owned aircraft (as
the term “owner” is defined in Section 16.04.30 of this
title), will be assessed for one (1) aeronautical activity
only.
16.56.18016.10.090;
16.30.010
Any person offering any such services, or combinations thereof, shall do so under written lease or permit agreement with
the City. For exemptions and other information, see Section 16.56.010.
AVI Fees (Automated Vehicle Identification)
Vehicle Category Fee (per
vehicle trip)
1 to 5 passengers $1.57
6 to 9 passengers $2.84
10 to 15 passengers $4.72
16 to 24 passengers $7.55
>24 passengers $9.45
16.60.110; 16.60.12016.10.090; 16.40.100
Rates established by Administrative Rules and Regulations; also see
other related administrative fees (badging).
Campus Dwell Time Fee (per
vehicle trip)
30 minutes No cost
30 - 45 minutes $2.00
45 - 60 minutes $10.00
Every 5 minutes over 60
minutes $20.00
16.60.110; 16.60.12016.10.090; 16.40.100
Rates established by Administrative Rules and Regulations; also see
other related administrative fees (badging).
Terminal Front Dwell Time Fee (per
vehicle trip)
0 - 10 minutes No cost
10 - 20 minutes $3.00
20 - 30 minutes $20.00
Every minute over 30 minutes $5.00
16.60.110; 16.60.12016.10.090; 16.40.100
Rates established by Administrative Rules and Regulations; also see
other related administrative fees (badging).
Permit Fees
Non-returned GT inspection seal $500.00 16.60.110; 16.60.12016.10.090; 16.40.100
LEGISLATIVE DRAFT
28
(permit)
Non-returned AVI transponder
tag $500.00
Low profile permit fee $150.00
Rates established by Administrative Rules and Regulations; also see
other related administrative fees (badging).
Badge/Fingerprint/Threat Assessment/Ramp Permit/Key Replacement Fees
Fingerprint processing (FBI
background check)*$21.00 Per set of fingerprints processed 16.12.06016.10.090
Fingerprint processing with
RAP back enrollment*$14.00 Per set of fingerprints processed 16.12.06016.10.090
RAP back enrollment (one-time
fee)$7.00 Per enrolled employee 16.12.06016.10.090
*$21.00 fee only applies to applicants not enrolled in RAP back
Security threat assessment fee $9.00 Per employee badge 16.12.06016.10.090
Renewal fee $21.00 Per employee badge 16.12.06016.10.090
Replacement fee for lost/stolen
badge $75.00
Refund of $50 will issued for returned
lost/stolen badge if returned prior to
expiration
16.12.06016.10.090
Fee for non-returned badge $250.00 Fee for each badge not returned 16.12.06016.10.090
Fee for non-returned badges -
Contractors only $400.00 Fee for each badge not returned 16.12.06016.10.090
Fine for failure to deactivate
badge $100.00 Per non-deactivated badge 16.12.06016.10.090
Hangar tenant (first two badges
per/hangar tenant)No cost 16.12.06016.10.090
Hangar tenant (Add’l badges
after initial first two)$25.00 Per badge 16.12.06016.10.090
Ramp permit replacement fee $100.00 Fee for lost ramp permit 16.12.06016.10.090
Key replacement fee $50.00 Fee for each lost key 16.12.06016.10.090
Key replacement fee (Audited)$200.00 Fee for each lost key 16.12.06016.10.090
Lock re-core fee $50.00 Fee for each lock re-core 16.12.06016.10.090
Bike path - initial badge fee $15.00 Per badge 16.12.06016.10.090
Bike path - replacement fee for
lost/stolen badge $15.00 Per badge 16.12.06016.10.090
Contractor badge deposit - up to
$500K contract value $5,000.00
Contractor badge deposit -
>$500K to $1M contract value $10,000.00
Deposit may be required per project,
based on contract value. Contact Airport
representative for more information.
16.12.06016.10.090
LEGISLATIVE DRAFT
29
Contractor badge deposit -
>$1M to $5M contract value $15,000.00
Contractor badge deposit -
>$5M to $10M contract value $20,000.00
Contractor badge deposit -
>$10M to $25M contract value $25,000.00
Contractor badge deposit -
>$25M to $50M contract value $50,000.00
Contractor badge deposit -
>$50M to $100M contract value $75,000.00
Contractor badge deposit -
>$100M contract value $100,000.00
Conference Room and Other Rental Fees
Airport board room (2,536 sq ft
/ 50 seats)$300.00
Sandstone conference room
(580 sq ft / 16 seats)*$150.00
Limestone conference room
(585 sq ft / 16 seats)*$150.00
Jasper conference room (585 sq
ft / 16 seats)*$150.00
Topaz conference room (590 sq
ft / 16 seats)*$150.00
Copper conference room (827
sq ft / 20 seats)$200.00
ATAC - room (3,600 sq ft / 70
seats)$400.00
ATAC - patio (4,000 sq ft / 60
seats)$300.00
Airport picnic pavilion $400.00
For use beyond 1 - 4 hours an hourly
charge of one quarter (1/4) of the overall
fee will be applied.
16.12.06016.10.090
*Sandstone & Limestone rooms can be combined; Jasper & Topaz rooms can be combined.
Table and chairs rental (11 - 20
tables & 50 - 100 chairs)$368.00 Seating for 51 - 100 people 16.12.06016.10.090
Table and chairs rental (21 - 30
tables & 101 - 150 chairs)$508.00 Seating for 101 - 150 people 16.12.06016.10.090
Table and chairs rental (31 - 40
tables & 151 - 200 chairs)$553.00 Seating for 151 - 200 people 16.12.06016.10.090
Table and chairs rental (41 - 50
tables & 201 - 250 chairs)$693.00 Seating for 201 - 250 people 16.12.06016.10.090
Table and chairs rental (51 - 60
tables & 251 - 300 chairs)$738.00 Seating for 251 - 300 people 16.12.06016.10.090
LEGISLATIVE DRAFT
30
Day use areas $50.00 Per day 16.12.06016.10.090
Filming Activity Charges
Non-refundable deposit (1 - 8
people in filming crew)$250.00 16.12.06016.10.090
Non-refundable deposit (9 - 15
people in filming crew)$500.00 16.12.06016.10.090
Non-refundable deposit (16+
people in filming crew)$1,000.00 Per hour 16.12.06016.10.090
Basic location charge (1 - 4
people)$50.00 Per hour 16.12.06016.10.090
Basic location charge (5 - 8
people)$100.00 Per hour 16.12.06016.10.090
Basic location charge (9 - 16
people)$150.00 Per hour 16.12.06016.10.090
Basic location charge (17 - 30
people)$200.00 Per hour 16.12.06016.10.090
Basic location charge (30 31+
people)$250.00 Per hour 16.12.06016.10.090
Use of Airport staging/parking
lots $300.00 Per day 16.12.06016.10.090
Airport personnel (security)$55.00 Per person, per hour 16.12.06016.10.090
Assistance from Airport
vehicles $50.00 Per vehicle, per day 16.12.06016.10.090
Off Airport In-Flight Caterers 7% of gross
sales at airport
Paid within 15 days of the end of each
month, see Section 16.12.155 for
provisions
16.12.15516.10.090
Parking
Economy Lot
First hour $2 12.56.24016.10.090;
16.10.180; 16.40.070
Each additional hour $1 12.56.24016.10.090;
16.10.180; 16.40.070
Daily maximum $12 12.56.24016.10.090;
16.10.180; 16.40.070
Hourly/Daily (Parking Garage)
First hour $5 12.56.24016.10.090;
16.10.180; 16.40.070
Each additional hour $5 12.56.24016.10.090;
16.10.180; 16.40.070
LEGISLATIVE DRAFT
31
Daily maximum $45 Max amount based on demand 12.56.24016.10.090;
16.10.180; 16.40.070
Daily reserved premier
parking $10 Hourly rate 12.56.24016.10.090;
16.10.180; 16.40.070
Daily reserved premier
parking $60 Daily maximum 12.56.24016.10.090;
16.10.180; 16.40.070
Lot E
First hour $5 12.56.24016.10.090;
16.10.180; 16.40.070
Each additional hour $5 12.56.24016.10.090;
16.10.180; 16.40.070
Daily maximum $25 12.56.24016.10.090;
16.10.180; 16.40.070
Disabled Parking
Vehicles displaying disabled license plate and/or placard can park in designated parking stalls in the garage at the
economy lot rate of $12 per day.
Disabled Veteran Parking
Vehicles displaying Utah Disabled Veteran license plate issued by the Utah Department of Motor Vehicles, having a
Disabled Veteran (DV) designation may receive complimentary parking at Salt Lake City International Airport
(SLCIA). Restrictions and limitations apply.
Parking Garage*Five (5) days of complimentary parking if space is available,; any days beyond five (5)
will be charged at the posted daily garage rate.
Economy Lot*Ten (10) days of complimentary parking if space is available,; any days beyond ten (10)
will be charged at the posted Economy Lot rate.
* If you plan to park longer than 30 consecutive days, please contact staff at SLCAIRPORT@SPPLUS.COM or 801-575-
2887 so your vehicle will not be considered abandoned.
Employee Parking
Domicile $34 Per month 12.56.24016.10.090;
16.10.180; 16.40.070
Non-domicile $60 Per month 12.56.24016.10.090;
16.10.180; 16.40.070
Towing Fee
Drop fee $25 Per vehicle 12.56.24016.10.090;
16.10.180; 16.40.070
Tow to storage area $50 Per vehicle, plus daily rate (economy
parking lot)
12.56.24016.10.090;
16.10.180; 16.40.070
878
LEGISLATIVE DRAFT
32
879 SECTION 8. Effective Date. This Ordinance shall become effective on the date of its
880 first publication.
881
882 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2024.
883 ______________________________
884 CHAIRPERSON
885 ATTEST AND COUNTERSIGN:
886
887 ______________________________
888 CITY RECORDER
889
890 Transmitted to Mayor on _______________________.
891
892
893 Mayor’s Action: _______Approved. _______Vetoed.
894
895 ______________________________
896 MAYOR
897 ______________________________
898 CITY RECORDER
899 (SEAL)
900
901 Bill No. ________ of 2024.
902 Published: ______________.
903 TITLE 16 - Leg Version (REVISED 8-5-24)
904
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: Lehua Weaver
DATE:November 8, 2024
RE:Consolidated Fee Schedule Update – Sewer & Water Utility Non-use Waiver
MOTION 1 Adopt
I move that the Council adopt the ordinance amending the Consolidated Fee Schedule to modify the stabilization
fees.
MOTION 2 Not Adopt
I move that the Council not adopt the ordinance.
Item Schedule:
Briefing: November 12, 2024
New Business: November 12, 2024
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:Lehua Weaver
DATE: November 7, 2024
RE:Consolidated Fee Schedule Update – Sewer & Water Utility Non-use Waiver
ISSUE AT-A-GLANCE
The Department of Public Utilities has been in coordination with Council Staff to the attached
amendment to the consolidated fee schedule for the stabilization fee. The proposed amendment would
give the Department authority to waive the stabilization fee on accounts with an extended period of
non-use. This would provide relief to certain property owners who have large unused lines and
received bill increases of several hundred dollars. There are times when lines will be inactive due to
construction or ownership changes, and this waiver would not apply in those situations. It is intended
for properties with over 18-months of non-use, which demonstrates that immediate demand on the
system is unlikely. The waiver would be at the discretion of the Public Utilities Director in these rare
circumstances.
Goal of the briefing: Review the proposal and consider whether to take action on the amendment
during tonight’s formal meeting.
BACKGROUND INFORMATION
When the new stabilization fee was implemented on utility bills, the Council received feedback from
residents about the impact of the fee in certain circumstances. As a reminder, the fee was established
during the annual budget as a temporary measure for revenue pending this year’s rate study. The rate
differed based on the size of service lines, was applied to all accounts, and was calculated based on the
increased cost of providing service in both the Water and Sewer Utilities.
The Department has transmitted a report on the Rate Study Committee recommendations for the
Council’s review and consideration. Small group meetings are being scheduled before a Work Session
briefing on those recommendations happens in the coming months. Once the Council has reviewed
Item Schedule:
Briefing: Nov. 12, 2024
New Business: Nov. 12, 2024
Page | 2
the information and provided input, the Department plans to conduct robust public engagement
before new rates are considered in the Fiscal Year 2025-26 annual budget.
There were two other narrow categories where the Department reviewed circumstances and adjusted
the stabilization fee. First, for commercial water customers who have multiple lines related to fire
suppression and received multiple fees on their account. Secondly, for a ‘master meter’ that serves a
single family residential development, commonly referred to as an HOA. Those two categories were
unique adjustments and did not require Council action.
Item E2
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
WWW.COUNCIL.SLCGOV.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:November 12, 2024
RE: Temporary Land Use Regulation
Motion 1 –
I move that the Council adopt an ordinance enacting temporary zoning regulations
authorizing temporary increase in overnight capacity at the youth homeless resource center
at 888 South 400 West.
Motion 2 –
I move that the Council not adopt 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
Item F1
TO:City Council Members
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
FROM: Ben Luedtke, Senior Analyst
DATE:November 12, 2024
RE: Resolution: Designating the Salt Lake City Central Business Improvement
Assessment Area
MOTION 1 – ADOPT
I move that the Council adopt a resolution designating the Salt Lake City Central Business Improvement
Assessment Area for economic promotion activities and holiday lighting.
Staff note: there is a separate but related resolution for the Council to appoint the Board of
Equalization. Both resolutions are dependent upon the property owner protest tally being less
than the 40% threshold set in state law that would prohibit a new three-year authorization.
MOTION 2 – NOT ADOPT
I move that the Council proceed to the next agenda item.
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
Item F2
TO:City Council Members
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
FROM: Ben Luedtke, Senior Analyst
DATE:November 12, 2024
RE: Resolution: Appointing the Board of Equalization for the Salt Lake City Central
Business Improvement Assessment Area
MOTION 1 – ADOPT
I move that the Council adopt a resolution appointing the Board of Equalization for the Salt Lake City
Central Business Improvement Assessment Area and related matters.
Staff note: there is a separate but related resolution for the Council to consider that would
designate the assessment area for economic promotion activities and holiday lighting. Both
resolutions are dependent upon the property owner protest tally being less than the 40%
threshold set in state law that would prohibit a new three-year authorization.
MOTION 2 – NOT ADOPT
I move that the Council proceed to the next agenda item.
COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet, Policy Analyst
DATE: November 12, 2024
RE:Jordan River Fairpark District Rezone & Text
Amendment and Development Agreement
Petition No PLNPCM2024-00982
PROJECT TIMELINE:
Briefing 1: Nov 12, 2024
Briefing 2: Nov 19, 2024
Set Date: Nov 12, 2024
Public Hearing: Nov 19, 2024
Potential Action: TBD
ISSUE AT-A-GLANCE
The Council will receive a briefing about a proposal that would amend the City's zoning ordinance by
creating a new zoning district known as the JRF District at approximately 1500 West North Temple and
bounded by the Jordan River, Redwood Road, North Temple, and Interstate 15. The proposal would rezone
approximately 93 acres across 32 parcels into a single zone to support the area's redevelopment.
Zoning Map & Text Amendment: The JRF district would allow buildings up to 400 feet tall, with
Design Review required for structures over 200 feet. There would be no minimum lot size, width,
or setbacks, and at least 10% of the gross development area would be dedicated to open space.
Developments would be exempt from meeting the City's general plans.
Development Agreement: The proposed Development Agreement addresses access to the Jordan
River, open space, roads, and infrastructure improvements and establishes review processes for
development applications. Under new state law, an agreement must be reached by December 31,
2024, for expedited land use reviews related to a qualified stadium and related uses. If no
agreement is made, the JRF District will not be subject to the City's zoning regulations.
The Planning Commission voted 7 to 1 to forward a recommendation of approval with a list of conditions
for the Council to consider. See those in the policy questions section below.
Council Staff is proposing the Council review the zoning and draft development agreement concepts during
the November 12 briefing and hold a follow-up briefing on November 19, the same day as the public
hearing.
Page | 3
In addition to these zoning regulations, the State statute requires the city complete the following by the end
of this year:
Amend the North Temple Redevelopment project area boundaries by removing the properties in the
Utah Fairpark Area Investment and Restoration District.
o That was completed on October 15.
Finalize a municipal services contract with the UFAIR board.
o The administration is currently working with the UFAIR board on this contract.
Vicinity Map
From Exhibit A of the
Planning Commission Staff Report
Policy Questions / Direction
Planning Commission Proposed Conditions for Consideration
The Council may wish to review the following list of potential conditions forwarded by the Planning
Commission and provide policy direction to staff for which items to include in the final documents,
whether the zoning amendments or the development agreement. Planning staff will be in attendance and
can provide a response to questions the Council may raise during the briefing.
1. The applicant shall continue to work with Public Utilities on the applicability of the Riparian
Corridor Overlay. Unless otherwise approved by Public Utilities, the overlay shall remain
applicable.
2. Public Utilities Master Plans and Transportation Master Plans remain applicable to the JRF
District.
3. The applicant shall follow mitigation measures as dictated in the Airspace Impact Study.
Page | 4
4. A minimum percentage of the entire project must be dedicated as open space and accessible to the
public.
5. The Commission recommends that a minimum of 10% of the total housing development be
available for rent or sale at a maximum of 80% AMI.
6. Design Standards shall apply to all buildings facing public streets and the Jordan River. The
standards shall be updated to include lighting, entry features, parking garage specifications, and
limits on building façade lengths.
7. Midblock walkways associated with additional building height shall be a minimum of 15’ wide.
8. A maximum setback of 15 feet shall be provided from all streets and publicly accessible open
spaces.
9. The approved site plan created for the JRF District shall be incorporated into the North Temple
Boulevard Plan.
10. Concerns raised by the Planning Commission during the October 9, 2024, briefing shall be
addressed prior to the City Council adopting the Term Sheet associated with the
Development Agreement. This includes:
a. Automatically applying the proposed zoning district to lands that the applicant
may purchase in the future instead of going through the normal zoning
amendment process and the legality of such a provision.
b. Vacating an existing city easement as part of the agreement without a guarantee
that the easement would be replaced in kind.
c. Exempting the property from all provisions of the Riparian Corridor Overlay
instead of defining specific provisions of the Riparian Corridor Overlay that could
be modified in the agreement.
d. Exempting the proposal from all utility improvement plans that apply to the
property, which are necessary to locate, increase capacity, and fund needed future
upgrades.
e. The lack of specific public benefits that would be included in the future
development, including affordable housing or contribution to affordable housing
funds that could be used in the area, no guarantee of publicly accessible open
space.
Development Agreement
The Term Sheet, which is included in the transmittal letter (pages 21-24) is the basis for the development
agreement discussions. The key points are outlined below.
In addition to the conditions proposed by the Planning Commission, Council staff has summarized a list of
items that Council Members have asked if they could be discussed as part of the development agreement.
The Council may wish to discuss these items with the applicant during the work session briefing.
Include workforce and family sized housing in the project area
A minimum amount of open space in the project area
o A minimum amount should be green space
Public access to the river and river frontage
Easement in/out of river in plaza area
Free expression in public areas
Page | 5
Proposed Term Sheet
Development of Property LHM may develop the Property consistent with
the MDA and the JRF District, and LHM shall
have the full power and exclusive control over
the Property. Nothing in the MDA obligates
LHM to develop the Property or develop
the Property in a particular order or phase.
LHM may develop the Property for all uses
allowed in the JRF District.
Jordan River Access The City is the grantee of that certain Public
Recreation Easement Agreement, recorded July
17, 2015, as Entry No. 12094108 with the Salt
Lake City Recorder that provides public a trail
and access for recreational uses.
This easement will be terminated in the MDA
and the parties will enter into a memorandum
of understanding for replacement access in
connection with the MDA.
Design Requirements The City shall not impose or enforce any design
requirements on buildings, improvements, and
structures located within the Property except as
described in the JRF District.
Open Space Developer intends to build an open space
network as depicted in the conceptual Master
Plan, which may be revised or relocated
through subdivision plats. Except as set forth in
the JRF District, the City shall not require
Developer to dedicate open space as a condition
of development application approval.
Roads LHM shall install roadways consistent with a
roadway master plan and cross-sections of
roadways depicted in the roadway master plan
to be attached to the MDA. Current conceptual
roadway plans are attached hereto as Exhibit B.
The City shall not require LHM to oversize any
roadways without providing mutually
acceptable reimbursement agreement(s) for any
system improvements to the roadways as
defined by the impact fees act. The Project
may include private roads that will be specified
on subdivision plats.
Culinary and Sewer Improvements LHM shall install the requisite service and
water distribution lines and similar
Page | 6
improvements within the Property necessary
for the City to provide culinary water and sewer
service to a particular phase of development.
The City shall not require LHM to install offsite
improvements or install infrastructure that
provides capacity outside of the Property
without providing mutually acceptable
reimbursement agreement(s) for any system
improvements, as defined by the impact fees
act.
Stormwater Improvements The City shall account for impervious surface
already in existence on private lands as
particularly detailed in the Hydrology and
Hydraulics Memo, dated July 29, 2024,
prepared by CRS Engineers. LHM shall install
stormwater improvements consistent with a
stormwater improvement plan.
The City shall not require LHM to install any
stormwater improvements to store or transmit
any offsite stormwater without providing
mutually acceptable reimbursement
agreement(s) for any system improvements, as
defined by the impact fees act.
Improvement Connections The City shall allow LHM to connect the
roadways, culinary, sewer, and stormwater
improvements to the City’s existing
infrastructure in the areas identified on the
applicable utility plans, which will be attached
to the MDA.
Installation of Improvements LHM may utilize public infrastructure districts,
or similar districts, to construct the roads,
water, sewer, and stormwater improvements
contemplated by the MDA. LHM shall construct
all improvements in compliance with the City’s
laws in effect on the MDA’s effective date.
Development Applications Pursuant to Utah Code § 11-70-206(3)(b)(ii)(A),
the City shall provide an expedited process for
the review and approval of development
applications. All development applications for
subdivisions or site plan approval shall be
approved by the City’s staff. The City shall
process all subdivision applications (even non-
residential applications) consistent with the
timing requirements described in Utah
Code §§ 10-9a-604.1 and 10-9a-604.2. The City
shall expedite the approval of all site plan
application and take action thereon within 10
business days of receiving a complete
application, and within 5 business days of
receiving revisions thereto after an initial
determination is made at no additional fee.
Page | 6
LHM may request that the City outsource the
review of any development application.
LHM will pay the actual hourly review cost
incurred by the City for such outsourced
services.
Conditional Uses The City shall promptly process conditional use
permits in accordance with State law and the
City’s laws in effect on the MDA’s effective date.
No conditional use permit application shall be
subject to more than one public hearing without
the express written consent of LHM.
Disputes If a dispute arises with respect to any
development applications, LHM and the City
shall meet and confer on the issue within 15
days a denial. LHM and the City can also
mutually agree to mediate the issue.
Annexations If LHM, or its affiliated entities, acquires
property that is located within or annexed into
the UFAIR District, the LHM may annex said
acquired property into the MDA and have the
JRF District applied to such annexed land.
Assignment and Transfer LHM may assign, transfer, or convey the entire
Property or portions thereof to a subsequent
owner and may transfer any of the rights and
obligations under the MDA in connection with
such transfer. If such transfer occurs and LHM
intends to convey its rights under the MDA
with such transfer, then LHM shall execute and
deliver a transfer acknowledgment to the City.
LHM may reserve any right to receive
reimbursement under the MDA, or separate
reimbursement agreement(s) from the City
regardless of whether LHM transfers its
remaining rights under the MDA.
Additional Information
The transmittal letter outlines the following key points of the proposed. zoning ordinance.
Minimum Lot Area, Width, Yard Standards
o No minimum lot areas, lot widths, or setbacks required in the JRF District.
Open Space
o The proposed code language states an open space plan will be created and will include at
least 10% of the gross development area.
Building Height
o Maximum height is 400 feet. Anything over 200 feet is required to go through the Design
Review process.
Page | 7
o Buildings in the D-1 and D4 zoning districts must also go through the Design Review
process for heights above 200 feet.
FAA Regulations & Airspace Impact Study
o No building over 200 feet is permitted unless the developer consults with the FAA
regarding compliance with 14 CFR Part 77.9
o Buildings over 60 feet in height must be designed to avoid electrical interference, lighting
and glare, impairing pilot visibility, and landing or maneuvering conflicts.
Land Uses
o Planning staff is still working with the applicant to update the land use table to remove uses
that are not compatible with the proposed zoning’s goals and vision. The applicant has not
submitted an update since the Planning Commission hearing on October 23, 2024.
Design Standards
o The proposed JRF District includes two sets of Design Standards:
Internal buildings and street frontages.
Structures along Redwood Road and North Temple.
o The applicant is seeking substantial design flexibility due to the site's unique
characteristics.
o Currently, the only requirements for buildings along privately owned streets are limited to
screening mechanical equipment and providing street trees, which are already mandated by
code and do not speak to site or street facing building design in any way.
o Buildings with frontage along Redwood Road and North Temple call for additional design
standards, such as ground floor activation, durable materials, and minimum glass
percentages.
o Both Planning staff and the Planning Commission recommend adding more design
standards that address street facing building façade length, lighting, entry features, and
parking garage specifications.
Signage
o The same standards as the D-1 Central Business District and D-4 Secondary Central
Business District would apply to the district.
o Includes an increased allowance within 1000 linear feet of the arena to allow the same sign
types as the new Sports Arena and Convention Center Sign Overlay.
o Include additional private directional and wayfinding signs to communicate the district’s
unique identity.
o Includes one “public assembly facility sign” as allowed by U.C.A. 72-7-504.5 and signage
not visible or directed to public rights of way will not be regulated.
NAME. And ADDRESS - (David Waldman )
1. Edgehill is a small road with 11 homes
Located at the Top of the upper avenues -
Above 18th Ave
Just below the Open Space Public land
2. Edgehill Road ends with a hammerhead turnaround
Adjacent to open space lands
3.Map – see Exhibit #1
ROAD CONSTRUCTION – WITHOUT NOTICE TO RESIDENTS
1. Last week a bulldozer, backhoe and other equipment cut a
650 foot long - 20 foot wide road
2.Road went from hammerhead turnaround to a City water
tank located above the homes. The water Tank is
approximately 60 feet higher up the hill from homes
3. There was no published City map showing this new route
4. There was no public comment ever solicited on this road
5. There was no notice to the surrounding residents of this
construction
6. On November 8, 2024, residents received a notice. However,
the construction was commenced and completed on
Monday, November 4, 2022 –
FOUR DAYS AFTER CONSTRUCTION WAS STARTED,
RESIDENTS WERE NOTIFIED.
7. It appears that the road construction was in conjunction with
Rocky Mountain Power’s replacement of wooden power lines
with new metal power poles.
8. In effect the road was created prior to any required notification
to residents.
9. We are not here to complain about the Fire Mitigation Electric
pole replacement and modification work.
10.Photos – see Exhibit #2 & 3
Attachment 2 - page 1
COMPLAINT – FAILURE TO RESTORE AREA TO PREVIOUS
CONDITION
1.We are here in response to statements made that the new
access road was both existing and the that the natural
beauty of the hill as it was prior to Nov 4th will NOT be
restored following the conclusion of pole installation work
2.Apparently, the City Dept of Public Utilities (DPU) wants
this access road to be permanent
3.DPU put in writing this week they will not pave this road but
not how they will protect the residence of Edgehill from
dramatic water runoff
4.Map – see Exhibit #4 - approved access roads
DETAILS ON NEW ACCESS ROAD:
1.Encompasses at least 10,000 sq/ft
2.The road has a grade/slope of 25 degrees for at least 30% of
the road length
3.Road would create a new water shed collection basin
4.The new road would be the third road in the area to access one
DPU water tank
A.The 1st Existing access road is off of Terrace Hills behind
a gate
B.The 2nd Existing access road is off of 18th Ave at the
trailhead behind a gate
5. To claim a access already existed is absurd - not even a
monster truck could have climbed this terrain
6.Environmental study would need to be accomplished
HISTORY OF WATER CONTROL AND DAMAGES
1.History of Edgehill Road water issues:
A.Initially built with a poor water control design
B.No open storm water sewers in the road for collection
2
Attachment 2 - page 2
C.80 degree bend on Edgehill road that does not
adequately control fast flowing water
D.25-years ago SL worked with engineers to control
flooding by redesigning the road curve
2.The new access road above Edgehill road will only
exacerbate an already known storm water problem
3.So as not to repeat past history on Edgehill the existing
design of Edgehill will need to be further improved to
handle the large quantities of water this access road will
dump into the neighborhood
POTENTIAL LIABILITY OF SLC
1.City’s Liability if this road is adopted:
A.Water flooding and mud slides onto Edgehill road
B.6 of the 11 homes would be vulnerable to flooding
C.Fast moving water will enter the home’s lower level
via breaching window wells
D.Yard landscaping will be impaired
E.Skateboarding and sledding down the access road
F.Injuries from impact with cars and hillside
2.New Trail Head - In effect, this access road creates a new trail
access point whether designated or not.
3.Parking and Traffic Congestion - parking on Edgehill Road
to access new trail head.
A.Edgehill Road is NOT wide enough for parking on both
sides as it is only 30 feet wide
B. In comparison Terrace Hills is 45 feet wide
4.Safety Hazards
A.Dangerous blind curve on Edgehill
B.Made nearly impassable with cars parking on
Edgehill Road
C.Increased activities requiring police and security
surveillance
3
Attachment 2 - page 3
REQUEST TO SLC CITY COUNCIL
1.New access road is abandoned after the RMP pole work is
completed.
2.Restoration of hillside contour and vegetation as it was prior
to bulldozer’s arrival
3.Insure water will not flow down hill and onto Edgehill Road
4.The turn-around should be reconfigured to insure:
A.Modern day fire trucks can adequately reverse course
B. Continuous barriers encompassing the Edgehill turn-
around that keeps motor bikes off the trail system
5.Post signage prohibit motor bikes on the road and off the
trail system
6.Engineering and construct barriers to prevent landslides onto
Edgehill Road from steep adjacent slopes
7.Prohibit use of Edgehill Road as trailhead
A.Posted: Not a trailhead
B.Posted: Parking - only one side of Edgehill
C.No parking at the 80 degree bend on Edgehill Road
D.Posted: No access signage at Edgehill and Little Valley
MINIMUM REQUIREMENTS
1.Water mitigation on new access road which functions to route
large volumes of water that will cascade down the new access
road away from Edgehill Rd and our homes.
2.Continuous barriers encompassing the Edgehill turn-around
that will keep motor bikes off the trail system.
4.Posted: Not a trailhead
4
Attachment 2 - page 4
5.Posted: Parking - one side of Edgehill Road only
6.NO Parking at the 80 degree bend.
7.Posted: No access signage at Edgehill and Little Valley Road
33651931_v1
Exhibit #1
5
Attachment 2 - page 5
Exhibit#2
Exhibit#3
6
Attachment 2 - page 6
Comments to the Salt Lake City Council
12 November, 2024
From: Daniel Schelling
Hello,
My name is Daniel Schelling and I am both a resident of Salt Lake City and a founding member
of Save Our Foothills. Following the identification of problems with the 2020 Foothills Trail
System Plan, trail construction was paused in 2021. Problems identified with the Plan and its
implementation included:
(1) Lack of adequate land use and recreation planning;
(2) Lack of environmental studies, and
(3) Environmental degradation from trail construction.
The City then spent over $300,000 on a combination of environmental studies and a review of
the Foothills Trail System Plan to ensure that the Foothills would be carefully stewarded by
Public Lands moving forward.
However, Rocky Mountain Power’s activities in the Foothills over the last month have made a
mockery of recent efforts to protect the Foothills. Rocky Mountain Power has bulldozed 16 to 20
ft wide roads above Bonneville Blvd and the Avenues, and along recently constructed trails. The
Salt Lake City Public Lands Department has approved of and facilitated this work.
My questions to the City Council and Administration are:
1) Who is overseeing stewardship of our natural lands in the Salt Lake City Foothills?
2) What has Public Lands done to advocate for the Foothills natural lands?
3) Can we trust Public Lands to protect the Foothill ecosystems after they have allowed this
environmental disaster to proceed? and
4) Who will ensure that reclamation, restoration and revegetation of the Foothills is
comprehensive?
I think the City Council and Administration should get answers to these questions before Public
Lands is permitted to move forward on any future work in the Foothills.
I also encourage members of the City Council to visit the Foothills above Terrace Hills to see the
incomprehensible environmental destruction in progress. You will be shocked and dismayed!
Attachment 3 - page 1
Newly bulldozed road above Bonneville Boulevarde. This road has been built on top of the
pedestrian BST (Bonneville Shoreline Trail) which was constructed in 2021.
Attachment 3 - page 2
Newly bulldozed road within the 18th Avenue Meadows.
Attachment 3 - page 3
Bulldozed road on the ridge between Terrace Hills and the 18th Avenue Meadows.
Attachment 3 - page 4
Access road recently bulldozed on ridge above Terrace Hills and above the 18th Avenue
meadows.
Attachment 3 - page 5