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11/16/2021 - Formal Meeting - Meeting MaterialsSALT LAKE CITY COUNCIL and LOCAL BUILDING AUTHORITY of SALT LAKE CITY REVISED FORMAL MEETING AGENDA November 16,2021 Tuesday 7:00 PM This Meeting Will be an Electronic Meeting Pursuant to the Chair’s Determination. SLCCouncil.com CITY COUNCIL MEMBERS: Amy Fowler,Chair District 7 Chris Wharton,Vice Chair District 3 Victoria Petro-Eschler District 1 Dennis Faris District 2 Ana Valdemoros District 4 Darin Mano District 5 Dan Dugan District 6 Generated:09:21:39 This meeting will be an electronic meeting pursuant to the Chair’s determination. As Salt Lake City Council Chair,I hereby determine that conducting the Salt Lake City Council meeting at an anchor location presents a substantial risk to the health and safety of those who may be present. Members of the public are encouraged to participate in meetings.We want to make sure everyone interested in the City Council meetings can still access the meetings how they feel most comfortable.If you are interested in watching the City Council meetings,they are available on the following platforms: •Facebook Live:www.facebook.com/slcCouncil/ •YouTube:www.youtube.com/slclivemeetings •Web Agenda:www.slc.gov/council/agendas/ •SLCtv Channel 17 Live:www.slctv.com/livestream/SLCtv-Live/2 If you are interested in participating during the Formal Meeting for the Public Hearings or general comment period,you may do so through the Webex platform.To learn how to connect through Webex,or if you need call-in phone options,please visit our website or call us at 801-535-7607 to learn more. As always,if you would like to provide feedback or comment,please call us or send us an email: •24-Hour comment line:801-535-7654 •council.comments@slcgov.com More info and resources can be found at:www.slc.gov/council/contact-us/ Upcoming meetings and meeting information can be found here:www.slc.gov/council/agendas/ LOCAL BUILDING AUTHORITY of SALT LAKE CITY,UTAH MEETING Please note:Dates not identified in the FYI -Project Timeline are either not applicable or not yet determined. WELCOME AND PUBLIC MEETING RULES A.LBA OPENING CEREMONY: 1.Council/Board Member Amy Fowler will conduct the formal meeting. 2.Pledge of Allegiance. 3.Welcome and Public Meeting Rules. B.LBA PUBLIC HEARINGS: 1.Ordinance:Local Building Authority Budget Amendment No.1 for Fiscal Year 2021-22 The Board will accept public comment and consider adopting an ordinance amending the final budget for the Local Building Authority (LBA)of Salt Lake City for Fiscal Year 2021-22,including the Capital Projects Fund. The LBA’s Capital Projects Fund for Fiscal Year 2021-22 only includes the bond debt services for the Glendale and Marmalade Libraries.(Other Capital projects throughout the City are included in the Mayor’s Recommended Budget.)The LBA is a financing tool for cities and government entities,like libraries,to bond for capital projects at better interest rates.Capital projects are big projects like parks, public buildings,and street projects. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -n/a Set Public Hearing Date -Tuesday,November 9,2021 Hold hearing to accept public comment -Tuesday,November 16,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,December 7,2021 Staff Recommendation -Refer to motion sheet(s). C.LBA ADJOURNMENT: SALT LAKE CITY COUNCIL MEETING Please note:Dates not identified in the FYI -Project Timeline are either not applicable or not yet determined. D.OPENING CEREMONY: 1.The Council will consider adopting a joint ceremonial resolution with Mayor Mendenhall recognizing December 1st as World AIDS Day in Salt Lake City. 2.The Council will consider adopting a joint ceremonial resolution with Mayor Mendenhall declaring November 20th as Transgender Day of Remembrance in Salt Lake City. E.PUBLIC HEARINGS: 1.Grant Application:2022 State of Utah Asset Forfeiture Grant – Competitive Program The Council will accept public comment for a grant application request from the Police Department to the State of Utah,Commission on Criminal and Juvenile Justice.If awarded,this grant would fund an overt pole camera kit,narcan nasal spray,and drug prevention resource cards for the police department. 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 -Tuesday,November 16,2021 at 7 p.m. TENTATIVE Council Action -n/a Staff Recommendation -Close and refer to future consent agenda. 2.Ordinance:Rezone at 1945 South 1300 East The Council will accept public comment and consider adopting an ordinance that would amend the zoning of property at 1945 South 1300 East from RMF-35 (Moderate Density Multi-Family Residential District)to RMF-45 (Moderate/High Density Multi-Family Residential).The proposed amendment to the Zoning Map is intended to accommodate a new multifamily residential development. Consideration may be given to rezoning the property to another zoning district with similar characteristics.Petition No.:PLNPCM2020-01022 FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,October 19,2021 Set Public Hearing Date -Tuesday,October 19,2021 Hold hearing to accept public comment -Tuesday,November 16,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,December 7,2021 Staff Recommendation -Refer to motion sheet(s). 3.Ordinance:Budget Amendment No.4 for Fiscal Year 2021-22 The Council will accept public comment and consider adopting an ordinance that would amend the final budget of Salt Lake City,including the employment staffing document,for Fiscal Year 2021-22.Budget amendments happen several times each year to reflect adjustments to the City’s budgets,including proposed project additions and modifications.This amendment includes creating a new Community Health Access Team or CHAT program,creating a new park ranger pilot program, several items to spend American Rescue Plan Act or ARPA funds including a new Westside perpetual housing fund,one-time community grants for non-profits and businesses,and additional funding for the Community Commitment Program, among other items. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 9,2021 Set Public Hearing Date -Tuesday,November 9,2021 Hold hearing to accept public comment -Tuesday,November 16,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,December 7,2021 Staff Recommendation -Refer to motion sheet(s). F.POTENTIAL ACTION ITEMS: 1.Ordinance:University Ivory House Zoning Map Amendment The Council will consider adopting an ordinance that would amend the zoning map pertaining to a portion of property at 1780 East South Campus Drive from I (Institutional)District to R-MU (Residential/Mixed Use)District.The property currently contains an institute building for the LDS Church near the University of Utah Campus.The zoning map amendment is requested to accommodate a student housing development.The specific design includes a multi-building development with approximately 536 student housing units.Consideration may be given to rezoning the property to another zoning district with similar characteristics. Petition No.:PLNPCM2021-00313 FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,October 5,2021 Set Public Hearing Date -Tuesday,October 5,2021 Hold hearing to accept public comment -Tuesday,November 9,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,November 16,2021 Staff Recommendation -Refer to motion sheet(s). 2.Ordinance:Technology Related Land Use Text Amendments The Council will consider adopting an ordinance that would amend various sections of the Title 21A of the Salt Lake City Code pertaining to tech related land uses.This proposal was initiated by Mayor Erin Mendenhall to promote the development of the technology related industry in the City.The proposal updates the zoning code and does the following: •Adds Biomedical,Technology Facility,and Data Center as defined terms in the zoning code and adds the uses to the land use tables as permitted uses in specific zoning districts identified in the draft ordinance. •Adds a qualifying provision as a footnote to the land use tables related to Biomedical uses that would prohibit uses that produce hazardous waste from being located within ½mile of a residential use. •Modifies and merges several defined land uses into one use called “Laboratory,related”and updates the land use tables as indicated in the draft ordinance. •Updates the defined land use “research and development facility”so the definition reflects the nature of the use and expands where the use is allowed in the land use tables of the zoning code. The proposal impacts zoning districts citywide and impacts multiple sections of Title 21A Zoning.Related provisions of Title 21A may also be amended as part of this petition.Petition No.:PLNPCM2021-00511 FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,October 5,2021 Set Public Hearing Date -Tuesday,October 5,2021 Hold hearing to accept public comment -Tuesday,November 9,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,November 16,2021 Staff Recommendation -Refer to motion sheet(s). G.COMMENTS: 1.Questions to the Mayor from the City Council. 2.Comments to the City Council.(Comments are taken on any item not scheduled for a public hearing,as well as on any other City business.Comments are limited to two minutes.) H.NEW BUSINESS: 1.Ordinance:Enacting Temporary Zoning Regulations The Council will consider adopting an ordinance that would enact temporary zoning regulations authorizing temporary overflow homeless shelter use at approximately 1659 West North Temple Street. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 16,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,November 16,2021 Staff Recommendation -Suspend the rules and consider motions. I.UNFINISHED BUSINESS: 1.Resolutions:Designating the Central Business Improvement Assessment Area and to Appoint a Board of Equalization The Council will consider adopting two resolutions:one designating an assessment area to be known as the Salt Lake City,Utah Central Business Improvement Assessment Area No.DA-CBIA22,as described in the Notice of Intention to Designate Assessment Area,to proceed with the implementation of the economic promotion activities;and the other appointing a Board of Equalization to hear and consider objections and corrections to proposed assessments and any arguments from persons claiming to be aggrieved;setting dates for when the Board of Equalization will meet;and authorizing and directing the City Recorder to provide a Notice of Assessment and Board of Equalization Hearings. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,July 13,2021 and Tuesday,November 16,2021 Set Public Hearing Date -Tuesday,July 20,2021 Hold hearing to accept public comment -Tuesday,September 7,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,November 16,2021 Staff Recommendation -Refer to motion sheet(s). 2.Resolution:Master Lease Agreement -JP Morgan Chase Bank The Council will consider adopting a resolution that would authorize the approval of a Municipal Master Lease Agreement between Salt Lake City Corporation and JP Morgan Chase Bank,N.A.regarding vehicle leasing and purchasing services. The City may enter into lease agreements up to $7M,not to exceed an aggregate of $35M over the five-year term of the agreement. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 9,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,November 16,2021 Staff Recommendation -Refer to motion sheet(s). J.CONSENT: 1.Ordinance:Significant Water Consuming Land Uses Zoning Text Amendment The Council will set the date of Tuesday,December 7,2021 at 7 p.m.to accept public comment and consider adopting an ordinance that would amend the zoning ordinance related to limit the amount of City culinary water that commercial and industrial land uses can utilize.The zoning amendment would implement a 300,000-gallon a day limit for commercial and industrial land uses.The limit affects multiple zones and multiple land uses citywide.The ordinance also amends and clarifies the definitions of related land use terms currently there is a 6-month temporary ordinance (“pending ordinance”or moratorium)in effect that mirrors the proposed water use restrictions in the ordinance,but will expire on January 4, 2022.Petition No.:PLNPCM2021-00635 FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 16,2021 Set Public Hearing Date -Tuesday,November 16,2021 Hold hearing to accept public comment -Tuesday,December 7,2021 at 7 p.m. TENTATIVE Council Action -TBD Staff Recommendation -Set date. 2.Ordinance:Master Plan Amendment and Rezone at 129 South 700 East and 758 East Bueno Avenue The Council will set the date of Tuesday,December 7,2021 at 7 p.m.to accept public comment and consider adopting an ordinance that would amend the zoning of properties at 724,728,732,738,744,750 and 754 East Bueno Avenue from SR-3 (Special Development Pattern Residential District)to RMF-45 (Moderate/High Density Multi-Family Residential District).The applicant is proposing to amend the Central Community Master Plan Future Land Use Map for the aforementioned properties from Medium Density Residential to Medium High Density Residential.The project proposes to consolidate 10 parcels and replace the existing structures with two buildings:a single-story amenity building fronting 700 East and a 4-story rooming (boarding)house on the interior of the site.The rooming house would consist of 65 units ranging from 1 bedroom to 4-bedroom units.Consideration may be given to rezoning the property to another zoning district with similar characteristics.Petition No.:PLNPCM2021-00048 and PLNPCM2021-00047 FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 16,2021 Set Public Hearing Date -Tuesday,November 16,2021 Hold hearing to accept public comment -Tuesday,December 7,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,December 14,2021 Staff Recommendation -Set date. 3.Ordinance:Rezone at Redwood Road and Indiana Avenue The Council will set the date of Tuesday,December 7,2021 at 7 p.m.to accept public comment and consider adopting an ordinance that would amend the zoning of the properties at approximately 835 South Redwood Road and 1668 West Indiana Avenue from R-1/5,000 (Single-Family Residential District)to R-MU-45 (Residential/Mixed Use District).The property at 1668 W Indiana currently contains an individual single-family dwelling while the other property is vacant. No specific site development proposal has been submitted at this time.The change is consistent with changes identified in the Westside Master Plan which identified the intersection of Redwood and Indiana as the location of a future Community Node.The Master Plan is not being changed.Consideration may be given to rezoning the property to another zoning district with similar characteristics. Petition No.:PLNPCM2021-00249 FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 16,2021 Set Public Hearing Date -Tuesday,November 16,2021 Hold hearing to accept public comment -Tuesday,December 7,2021 at 7 p.m. TENTATIVE Council Action -TBD Staff Recommendation -Set date. 4.Ordinance:Alley Vacation at 1200 Block of Kensington and Bryan Avenues The Council will set the date of Tuesday,December 7,2021 at 7 p.m.to accept public comment and consider adopting an ordinance that would vacate a portion of City-owned alley situated in the 1200 block of East Kensington and Bryan Avenues that runs east to west from 1300 East to the McClelland Trail.The intent of the request is to incorporate the unused alley into the adjacent properties. Petition No.:PLNPCM2021-00413 FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 16,2021 Set Public Hearing Date -Tuesday,November 16,2021 Hold hearing to accept public comment -Tuesday,December 7,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,December 14,2021 Staff Recommendation -Set date. 5.Ordinance:Columbus Street Alley Vacation North of Victory Road The Council will set the date of Tuesday,December 7,2021 at 7 p.m.to accept public comment and consider adopting an ordinance that would vacate a portion of City-owned alley situated adjacent to properties at 583,585,589 and 595 North Columbus Street;and 590 North Victory Road.The proposal is to vacate this remaining alley segment and incorporate the vacant land into the neighboring properties.The total area of the proposed vacation is approximately 2750 square feet.Petition No.:PLNPCM2020-00564 FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 16,2021 Set Public Hearing Date -Tuesday,November 16,2021 Hold hearing to accept public comment -Tuesday,December 7,2021 at 7 p.m. TENTATIVE Council Action -Tuesday,December 14,2021 Staff Recommendation -Set date. 6.Ordinance:Allowing Commercial Uses on Rooftops which Exceed 2 Stories The Council will set the date of Tuesday,December 7,2021 at 7 p.m.to accept public comment and consider adopting an ordinance that would amend the FB-SE (Form Based Special Purpose Corridor Edge Subdistrict)zoning district to allow for rooftop commercial uses above the second story,subject to meeting a height of 30-feet.The proposed amendment affects section 21A.27.040.D FB-SE Building Form Standards.All properties,citywide,in the FB-SE (Form Based Special Purpose Corridor Edge Subdistrict)would be impacted.The FB-SE zone currently limits commercial or nonresidential uses to first two stories and a height of 30 feet.Related provisions of Title 21A Zoning may also be amended as part of this petition.Petition No.:PLNPCM2021-00431 FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 16,2021 Set Public Hearing Date -Tuesday,November 16,2021 Hold hearing to accept public comment -Tuesday,December 7,2021 at 7 p.m. TENTATIVE Council Action -TBD Staff Recommendation -Set date. 7.Motion:Set date -City Consent to Sublease at The Leonardo The Council will set the date of Tuesday,December 7,2021 at 7:00 p.m.to accept public comment and consider approving sublease arrangements at The Leonardo, so long as sublease arrangements comply with the purpose of the outstanding bonds,use of the property,provide for collaboration on programs,enhance the mission and operations of The Leonardo. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 16,2021 Set Public Hearing Date -Tuesday,November 16,2021 Hold hearing to accept public comment -Tuesday,December 7,2021 at 7 p.m. TENTATIVE Council Action -TBD Staff Recommendation -Set date. 8.Board Appointment:Art Design Advisory Board –Angela Dean The Council will consider approving the appointment of Angela Dean to the Art Design Advisory Board for a term ending November 16,2024. FYI –Project Timeline:(subject to change per Chair direction or Council discussion) Briefing -Tuesday,November 16,2021 Set Public Hearing Date -n/a Hold hearing to accept public comment -n/a TENTATIVE Council Action -Tuesday,November 16,2021 Staff Recommendation -Approve. K.ADJOURNMENT: CERTIFICATE OF POSTING On or before 5:00 p.m.on _____________________,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. People with disabilities may make requests for reasonable accommodation,which may include alternate formats,interpreters,and other auxiliary aids and services.Please make requests at least two business days in advance.To make a request,please contact the City Council Office at council.comments@slcgov.com,801-535-7600,or relay service 711. TO:LBA Board Members FROM: Ben Luedtke & Sylvia Richards, Budget & Policy Analysts DATE:November 16, 2021 Item B1 MOTION SHEET LOCAL BUILDING AUTHORITY of SALT LAKE CITY RE:MOTION SHEET –PUBLIC HEARING – LOCAL BUILDING AUTHORITY FY22 BUDGET AMENDMENT NO. 1 MOTION 1 – CLOSE HEARING AND REFER TO FUTURE DATE I move that the Board close the Public Hearing and refer this item to a future date. D-1: Sales Tax Series 2021A Refunding of LBA Bonds – $10,500,000 (Council staff note: The Council previously approved the bond refinancing for the Glendale and Marmalade Libraries, and this is the final follow up step to pay off the old bonds.) MOTION 2 – CONTINUE PUBLIC HEARING I move that the Council continue the public hearing to a future date. 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 DEPARTMENT OF FINANCE POLICY AND BUDGET DIVISION 451 SOUTH STATE STREET, ROOM 238 PO BOX 145467, SALT LAKE CITY, UTAH 84114-5455 TEL 801-535-6394 ERIN MENDENHALL Mayor MARY BETH THOMPSON Chief Financial Officer LOCAL BUILDING AUTHORITY TRANSMITTAL ___________________________________ Date Received: ________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: October 29, 2021 Amy Fowler, Chair FROM: Mary Beth Thompson, Chief Financial Officer SUBJECT: LBA Budget Amendment #1 - Revised SPONSOR: NA STAFF CONTACT: John Vuyk, Budget Director (801) 535-6394 or Mary Beth Thompson (801) 535-6403 DOCUMENT TYPE: Budget Amendment Resolution RECOMMENDATION: The Administration recommends that, subsequent to a public hearing, the Local Building Authority adopt the following amendments to the FY 2021-22 adopted budget. BUDGET IMPACT: REVENUE EXPENSE LBA $ 10,500,000.00 $ 10,500,000.00 TOTAL $ 10,500.000.00 $ 10,500,000.00 Lisa Shaffer (Oct 31, 2021 12:55 MDT) BACKGROUND/DISCUSSION: Local Building Authority Bonds, Series 2013A, were issued in June 2013 to fund the construction of the Glendale Library. Local Building Authority Bonds, Series 2014A, were issued in March 2014 to fund the construction of the Marmalade Library. Both bonds are being refunded with the Sales Tax Revenue Bonds Series 2021A. This amendment creates the revenue budget for the receipt of bond proceeds, as well as, the expenditure budget for the payoff of the refunded bonds. A summary spreadsheet document, outlining proposed budget changes is attached. The Administration requests this document be modified based on the decisions of the LBA Board. The budget opening is separated in eight different categories: A. New Budget Items B. Grants for Existing Staff Resources C. Grants for New Staff Resources D. Housekeeping Items E. Grants Requiring No New Staff Resources F. Donations G. Council Consent Agenda Grant Awards I. Council Added Items PUBLIC PROCESS: Public Hearing Resolution No. ____ of 2021 (Amending the Final Budget for the Capital Projects Fund of the Local Building Authority of Salt Lake City, Utah for Fiscal Year 2021-2022) A Resolution Amending Resolution No. 3 of the Local Building authority of Salt Lake City, Utah which Adopted the Final Budget for the Capital Projects Fund of the Local Building Authority for the remainder of the Fiscal Year Beginning July 1, 2021 and Ending June 30, 2022. PREAMBLE On June 16, 2021, the Local Building Authority of Salt Lake City, Utah (the “Building Authority”), adopted the final budget of the Building Authority effective for the fiscal year beginning July 1, 2021 and ending June 30, 2022, in accordance with the requirements of the Fiscal Procedures for the Local Districts Act, Utah Code Title 17B, Chapter 1, Part 6. Mary Beth Thompson, as the Budget Officer of the Building Authority (the “Budget Officer”), prepared and filed with the Secretary of the Building Authority a proposed amendment to said duly adopted budget, a copy of which is attached hereto, for consideration by the Board of Directors of the Building Authority and inspection by the public. All conditions precedent to amend said budget have been accomplished. Be it resolved by the Board of Directors of the Local Building Authority of Salt Like City, Utah, as follows: 1. The purpose of this resolution is to amend the final budget for the capital projects fund of the Building Authority for fiscal year 2021-2022. All conditions precedent to the amendment of the final budget have been accomplished, including the holding of a public hearing regarding the budget amendment as required by Utah Code Sections 17B-1-621 and 17B-1-622. 2.The budget amendment attached hereto and made a part of this resolution shall be, and the same hereby is adopted and incorporated into the budget for the capital projects fund of the Building Authority for the remainder of the fiscal year 2021-2022, in accordance with the Fiscal Procedures for Local Districts Act, Utah Code Title 17B, Chapter 1, Part 6. 3. The Budget Officer is hereby authorized and directed to certify and file a copy of said budge amendment in the office of the Secretary of the Building Authority, City and County Building, 451 South State Street, Room 415, Salt Lake City, Utah. Said budget amendment shall be available to the public for inspection during regular business hours. 4. This Resolution shall take effect immediately upon its approval and adoption. Passed by the Board of Directors of the Local Building Authority of Salt Lake City, Utah, this ________ day of __________________________, 2021. ___________________________________ PRESIDENT ATTEST: ________________________________ SECRETARY APPROVED AS TO FORM: ________________________________ Boyd Ferguson, Senior City Attorney Boyd Ferguson 10/29/21 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs 1 Sales Tax Series 2021A Refunding of LBA Bonds LBA 10,500,000.00 10,500,000.00 - - One-time - - Total of Budget Amendment Items 10,500,000.00 10,500,000.00 - - - Total by Fund Class, Budget Amendment #2: Local Business Authority LBA 10,500,000.00 10,500,000.00 - - - - - - Total of Budget Amendment Items 10,500,000.00 10,500,000.00 - - - Fiscal Year 2021-22 Local Building Authority - Budget Amendment #1 Council ApprovedAdministration Proposed Section I: Council Added Items Section A: New Items Section D: Housekeeping Section F: Donations Section G: Council Consent Agenda -- Grant Awards Section C: Grants for New Staff Resources Section B: Grants for Existing Staff Resources 1 Fiscal Year 2021-22 Local Building Authority - Budget Amendment #1 Current Year Budget Summary, provided for information only FY 2021-22 Budget, Including Budget Amendments FY 2021-22 Adopted Budget BA #1 Total BA #2 Total BA #3 Total BA #4 Total BA #5 Total ^^ Total Through BA#5 ^^ Local Building Authority 2,220,925.00 10,500,000.00 12,720,925.00 Total of Budget Amendment Items 2,220,925 10,500,000.00 - - - - 12,720,925.00 Budget Manager Analyst, City Council Contingent Appropriation 2 Salt Lake City FY 2021-22 Budget Amendment #3 Initiative Number/Name Fund Amount 1 Section A: New Items Section B: Grants for Existing Staff Resources Section C: Grants for New Staff Resources Section D: Housekeeping D-1: Sales Tax Series 2021A Refunding of LBA Bonds GF $10,500,000.00 Department: Finance Department Prepared By: Brandon Bagley, Marina Scott For Questions Please Include: Mary Beth Thompson, Marina Scott, Brandon Bagley, John Vuyk Local Building Authority Bonds, Series 2013A, were issued in June 2013 to fund the construction of the Glendale Library. Local Building Authority Bonds, Series 2014A, were issued in March 2014 to fund the construction of the Marmalade Library. Both bonds are being refunded with the Sales Tax Revenue Bonds Series 2021A. This amendment creates the revenue budget for the receipt of bond proceeds, as well as, the expenditure budget for the payoff of the refunded bonds.. Section E: Grants Requiring No New Staff Resources Section F: Donations Section G: Consent Agenda Section I: Council Added Items JOINT RESOLUTION DECLARING WORLD AIDS DAY IN SALT LAKE CITY WHEREAS, according to estimates from the Joint United Nations Program on HIV/AIDS, there are now more than 38 million people throughout the world living with HIV; of these, 1.8 million are children; 1.7 million new infections occurred among adults and children in 2019 alone; and WHEREAS, in Utah, HIV incidence has not seen a significant decrease in new HIV infections when other metropolitan areas have; and WHEREAS, in Utah, the rate of new HIV diagnoses with stage 3 infections has not decreased in the last five years; and WHEREAS, up to 85 percent of people living with HIV in Utah reside along the Wasatch Front; and WHEREAS, the Centers for Disease Control and Prevention (CDC) has found that HIV- related stigma has a significant negative impact on people living with HIV, increases new infections, and delays people seeking testing for HIV; and WHEREAS, stigma, shame and fear make people less likely to discuss their sexual health with doctors and often leads to delays in seeking testing or treatment for sexually transmitted infections and HIV, which can have serious long-term health consequences; and WHEREAS, despite rigorous testing of all donated blood, the Food and Drug Administration have yet to rescind its recommendation that blood donation centers turn away members of the LGBTQ community, especially gay men and transgender people, increasing stigma; and WHEREAS, the elimination of stigma in Utah will lead to better physical and mental health outcomes for people living with HIV, increased HIV disclosure, increased HIV testing and decreased HIV infections; and WHEREAS, World AIDS Day was established in 1988 and is observed each year on December 1 to provide an opportunity for individuals and communities to take action and help educate for HIV/AIDS prevention, treatment and care; and WHEREAS, Salt Lake City has joined other cities around the world in an effort to increase awareness, reduce stigma, provide education about HIV/AIDS and demonstrate compassion for those affected by HIV. NOW, THEREFORE, BE IT RESOLVED The Salt Lake City Council and Mayor of Salt Lake City hereby recognize December 1, 2021 as World AIDS Day in Salt Lake City and encourage all residents to unite together in the fight against HIV/AIDS, reduce the stigma of HIV/AIDS, and support those who are living with or have been affected by HIV/AIDS. BE IT FURTHER RESOLVED Salt Lake City urges the Food and Drug Administration to rescind its recommendation that blood donation centers turn away donors in the LGBTQ community based solely on sexual history since according to the CDC all blood for transfusion is tested for evidence of certain infectious disease pathogens such as human immune deficiency virus (HIV). Adopted this _____ day of November 2021 __________________________ ______________________ Erin Mendenhall Amy Fowler, Chair Salt Lake City Mayor Salt Lake City Council Member, District Seven __________________________ ________________________ Chris Wharton, Vice Chair Victoria Petro-Eschler Salt Lake City Council Member, District Three Salt Lake City Council Member, District One ______________________________ ____________________________ Dennis Faris Ana Valdemoros Salt Lake City Council Member, District Two Salt Lake City Council Member, District Four __________________________ __________________________ Darin Mano Daniel Dugan Salt Lake City Council Member, District Five Salt Lake City Council Member, District Six JOINT RESOLUTION RECOGNIZING NOVEMBER 20TH AS TRANSGENDER DAY OF REMEMBRANCE IN SALT LAKE CITY WHEREAS, in 1998, Rita Hester, a transgender woman of color was murdered in Allston, Massachusetts; and WHEREAS, the following year, 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 observed annually to memorialize those lives that have been lost as a result of transphobic violence; and WHEREAS, deaths from transphobic violence have increased significantly yet again this year, for a total of 69 victims in the U.S. and 412 victims worldwide as of November 1; and WHEREAS, the true number of victims is unknown because of intentional misgendering and the difficulty identifying the bodies of many victims; and WHEREAS, transgender individuals — especially transgender people of color — continue to be disproportionately affected by education discrimination, employment discrimination, bullying, limited access to healthcare, domestic violence, homelessness, economic instability, and poverty; and WHEREAS, the transgender community has been particularly hard-hit by the continuing effects of the COVID-19 Pandemic; and WHEREAS, since 2006, Transgender Education Advocates (TEA) of Utah has organized a vigil in Salt Lake City every year; and WHEREAS, Salt Lake City values the lives and contributions to our community by transgender people; and WHEREAS, Salt Lake City has the responsibility to promote equality and 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; 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 Saturday, November 20, 2021, as Transgender Day of Remembrance. Adopted this _____ day of November 2021 __________________________ ______________________ Erin Mendenhall Amy Fowler, Chair Salt Lake City Mayor Salt Lake City Council Member, District Seven __________________________ ________________________ Chris Wharton, Vice Chair Victoria Petro-Eschler Salt Lake City Council Member, District Three Salt Lake City Council Member, District One ______________________________ ____________________________ Dennis Faris Ana Valdemoros Salt Lake City Council Member, District Two Salt Lake City Council Member, District Four __________________________ __________________________ Darin Mano Daniel Dugan Salt Lake City Council Member, District Five Salt Lake City Council Member, District Six Item E1 Page 1 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Sylvia Richards, Policy Analyst DATE:November 16, 2021 RE: MOTION SHEET FOR PUBLIC HEARING The Council will conduct a Public Hearing and may consider the following motion: Motion 1 – Close and Refer I move that the Council close the Public Hearing and refer Item E-1 to a future Consent Agenda for action. Project Timeline: Public Hearing: Nov. 16, 2021 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY www.slccouncil.com/city-budget TO:City Council Members FROM: Sylvia Richards, Budget Analyst DATE:November 16, 2021 RE: PUBLIC HEARING FOR GRANT APPLICATION SUBMISSION PROJECT TIMELINE: Briefing: Not required. Set Date: Not required. Public Hearing: Nov. 16, 2021 Potential Action: TBD ________________________________________________________________ ISSUE AT-A-GLANCE The Administration has submitted one grant application. In an effort to ensure that the City Council, Council staff and the public has adequate opportunity to see and comment on them, the grant application notifications will be included in the Council meeting agendas under Public Hearings. There won’t be a set date since this is not a required hearing. 1.2022 State of Utah Asset Forfeiture Grant – Competitive Program Purpose/Goal of the Grant: If awarded, the grant monies will be used to fund the purchase of an overt pole camera kit ($9,285), narcan nasal spray ($675), and drug prevention resource cards ($40). Grant Amount: $10,000 Requested by: Police Department Funding Agency: State of Utah, Commission on Criminal and Juvenile Justice Match Requirement: - 0 - Staff Recommendation: Please refer to motion sheet. Gr ant Application Submission Notification Memo TO: Jennifer Bruno, Cindy Gust-Jenson, Rachel Otto, Lisa Shaffer, Mary Beth Thompson, Cindy Lou Trishman CC: Sarah Behrens, Mike Brown, Shellie Dietrich, Elizabeth Gerh art, Mark Kittrell, Jaysen Oldroyd, Melyn Osmond, SLCRecorder@slcgov.com; Sylvia Richards, DeeDee Robin son, Linda Sanc hez, Lehua Weaver FROM: Jordan Smith DATE: September 13, 2021 SUBJECT: 2022 State Asset Forfeiture Grant – Competitive Program FUNDING AGENCY: State of Utah, Commission on Criminal and Juvenile Justice GRANT PROGRAM: State Asset Forfeiture Grant – Competitive Program REQUESTED AMOUNT: $10,000 DEPARTMENT APPLYING: Police Department COLLABORATING AGENCIES: N/A DATE SU BMITTED: September 8 , 2021 SPECIFICS:  Equipment/Supplies  Technical Assistance (Training)  Provides FTE Position  Existing  New  Overtime  Requires Funding After Grant Explanation:  Match Required:  In-Kind and/or  Cash GRANT DETAILS: The Salt Lake City Police Department is requesting $1 0,000 from the State of Utah Commission on Criminal and Juvenile Justice to fund the following: • Overt Pole Camera Kit - $9,285 camera (1 unit) • Narcan Nasal Spray - $675 • Drug Prevention/Resource Cards - $40 Item E2 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 16, 2021 RE: 1945 South 1300 East Zoning Map Amendment PLNPCM2020-01022 MOTION 1 (close and defer) I move that the Council close the public hearing and defer action to a future Council meeting. MOTION 2 (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 16, 2021 RE: 1945 South 1300 East Zoning Map Amendment PLNPCM2020-01022 BRIEFING UPDATE At the October 19 briefing Planning staff and the applicant clarified the number of units proposed for a new building. Based on the lot size, a maximum of 31 units would be allowed under RMF-45 zoning. The current building has 24 units. The applicant is planning on a similar mix of studio, one-bedroom and two- bedroom units as are in the current building. Responding to a Council Member question about building condition concerns, Planning staff stated there are no current zoning violations. Those commenting at the Planning Commission public hearing expressed concern about ongoing maintenance at the property and changes to landscaping. It was noted there were no zoning issues needing enforcement found during Planning staff’s site visit. A Council Member asked if the building is non-conforming under existing zoning. Planning staff confirmed existing zoning went into effect after the current building was constructed. If the building was demolished any new development would need to meet existing zoning requirements. The applicant is proposing a rezone of the property and not redevelopment at this point. The applicant stated he anticipates a boutique-type building rather than a large one and new construction will be more efficient that the existing building. He believes the increased density would be absorbed by current and future transit options. Item Schedule: Briefing: October 19, 2021 Set Date: October 19, 2021 Public Hearing: November 16, 2021 Potential Action: December 7, 2021 Page | 2 In response to a Council Member comment about considering numbers of units in a building as opposed to the number of people living in them, the applicant stated he is not planning on any units larger than two- bedroom. Council staff received a constituent email expressing concerns with the proposed rezone. It is included as Attachment A to this report. Council staff verified with Planning staff the parking requirements included in the Planning Commission staff report is correct. Additional comments will be forwarded to Council Members. The following information was provided for the October 19, 2021 Council briefing. It is provided again for background purposes. The Council will be briefed about an ordinance to amend the zoning map for property located at 1945 South 1300 East from its current RMF-35 (Moderate Density Multi-Family Residential) designation to RMF-45 (Moderate/High Density Multi-Family Residential). The proposed amendment is to accommodate a new multi-family residential development with potentially 46 residential units. The current site configuration including 24 residential units with a swimming pool, and on-site parking was developed in the late 1950s and has been in continuous use since then. A concept plan was submitted to City Planning by the applicant to provide staff with an idea of what is planned for the site if the zoning map is amended. Concept elevations are included on page 8 of the Planning Commission staff report. It should be noted the plans are not approved and may not be an accurate representation of what might be developed on the site. In addition, any redevelopment of the property is not part of this proposal. It is the Council’s role to determine if the proposed zoning map amendment is appropriate for the property. Several people spoke at the July 14, 2021 Planning Commission public hearing or emailed Planning staff about the proposed zoning map amendment. Most were opposed, expressing concerns about traffic, parking, existing building maintenance, and loss of affordable units. The Sugar House Community Council Land Use and Zoning Subcommittee sent a letter to Planning staff expressing opposition to the proposal. The Planning Commission forwarded a 5-2 positive recommendation to the City Council for this proposed zoning map amendment. Goal of the briefing: Review the proposed zoning map amendment, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1.Rezoning this property to RMF-45 will increase the value and allow the applicant to put more housing units on the parcel. The Council may wish to ask if any affordable units are included in the proposed development and at what percentage of AMI. 2.The Council may want to discuss with Planning which other zones may be appropriate if the density of units on RMF-45 would be too much for the neighborhood. 3.The Council may wish to ask Planning about current/ future planning efforts that would increase multi-family housing density in certain locations, and whether this requested rezone is consistent with those evaluations and potential changes, especially in terms of location, neighborhood compatibility, traffic mitigation, etc. 4.Is the Council supportive of the proposed zoning map amendment? Page | 3 Vicinity map with subject parcel shaded in yellow. (Image courtesy Salt Lake City Planning) Vicinity zoning map with subject parcel outlined in red. (note: the triangular shaped parcel to the east of the subject parcel is not included in this proposed zoning map amendment.) KEY CONSIDERATIONS Planning staff identified four key considerations which are summarized below. For the complete analysis, please see pages 3-9 of the Planning Commission staff report. Consideration 1: RMF-35 and RMF-45 Zoning District Comparison The proposed zoning map amendment is to redevelop the site for higher density multi-family residential use. Most land uses permitted in the RMF-35 district are also allowed in RMF-45. Differences in conditional and permitted uses for the districts are summarized in the table below. Page | 4 Zone Community Recreation Center Adult Daycare Center Large Assisted Living Center Large Residential Support Dwelling Boarding House Dwelling Twin- & Two- Family Dwelling Nursing Care Facility RMF-35 C C P RMF-45 C P C C P Building height The major difference between the current RMF-35 and proposed RMF-45 zoning districts is maximum building height of 35’ and 45’ respectively. Yard Requirements Yard requirements for the current and proposed zones are similar and summarized in the table below. Note the differences in front and rear yard minimums between the zones. The subject parcel is approximately 190’ deep so front and rear yards would be 25’ and 30’ respectively with RMF-45 zoning. Zone Front Yard Min Interior Side Yard Corner Side Yards Rear Yard RMF-35 20’10’10’25% lot depth (max 25’) RMF-45 20% lot depth (max 25’)10’20’25% lot depth (max 30’) Parking Parking standards are the same for both districts requiring 2 parking spaces for 2-bedroom units, 1 parking space for 1-bedroom units, and ½ parking space for single room occupancy dwellings. Landscape Buffers Both zoning districts require landscape buffers when a site abuts a single-family residential district. A 10’ landscape buffer is required on any property line abutting a single-family district. As shown in the zoning map above, the north and northeast property lines would require landscape buffers as they abut R-1-5,000 zoning. Design Standards RMF-35 and RMF-45 have no required design standards. Both zoning districts have front façade controls found in Chapter 21A.24.010 Salt Lake City Code as the only architectural requirement. This addresses entrance doors, windows, balconies, porches, etc. on a building’s front façade. Consideration 2: Compatibility with Master Plan Policies The subject parcel is within an area covered by the 2001 Sugar House Master Plan. The plan outlines general land use policies and guidelines for the community and the associated Future Land Use Map has more specific guidelines for neighborhoods within the larger Master Plan area. The Master Plan’s Future Land Use Map lists the subject property as Medium-High Density Residential with between 20-50 dwelling units per acre. Planning staff found the proposed RMF-45 zoning district matches this density range and meets the intent of Medium-High Density Residential Land Use. Planning staff noted the Sugar House Master Plan states the following: Page | 5 “Although few areas in Sugar House are suitable for Medium-High Density housing, it should be encouraged where feasible.” “Support opportunities for conversion and infill development of Medium-High Density housing while requiring appropriate design and location to minimize land use conflicts with existing single-family development.” With its location just north of the Sugar House Business District, the subject property is in an area that transitions from commercial uses to single-family housing. Planning staff quoted the Sugar House Master Plan which states: “Higher density residential redevelopment within or on the periphery of the Sugar House Business District is desirable. Examples of zoning districts that can be used it implement this density are C-SHBD, RO, RMF-35, and RMF-45.” Plan Salt Lake, the citywide plan, provides guidance and outlines initiatives to support and guide growth in the city. It is Planning’s opinion the proposed rezone and development would be supported by Plan Salt Lake by providing residential access to nearby transit service on 1300 East and 2100 South. It also would create additional residential units that facilitate aging in place and accommodates increasing housing needed in the city. Consideration 3: Zoning Compatibility with Adjacent Properties The subject parcel has 24 residential units, and the anticipated development would have 46 units. Planning staff does not anticipate significant impacts to surrounding property owners and occupants. Building Height If the zoning map amendment is approved the most significant change will be building height. The current RMF-35 zoning district allows buildings up to 35’. Under the proposed RMF-45 zoning buildings could be up to 45’ in height. An adjacent building to the south of the subject site is zoned RO (Residential/Office) district. This district allows building height up to 60’. Single family residential houses are to the north and east of the subject site and across 1300 East. Buildings can be up to 28’ in these areas. Planning staff believes the proposed RMF-45 zoning district is appropriate for the site. They noted a 45’ multi-family residential building height would act as a buffer between the more intense RO zoning to the south and the lower density single-family residential homes to the north. In addition, properties to the east of 1300 East have a slight elevation increase toward View Street. This would somewhat mitigate effects on most properties surrounding the subject site. Parking As noted above, parking requirements for both the current RMF-35 and proposed RMF-45 zoning districts is the same. If the zoning map amendment is approved and the number of residential units is increased, a corresponding number of parking spaces depending on unit size would also be required. Building Setbacks and Landscape Buffer As noted above, landscape buffers between the subject parcel and abutting single-family residential districts are the same under either RMF-35 and RMF-45 zoning districts. A 10’ landscape buffer is required between the subject property and the single-family residences to the north and at the northeast corner. Page | 6 Consideration 4: Concept Plan When concept plans are submitted by applicants it provides an idea of what proposed zoning map amendments will accomplish. While helpful, applicants are not obligated to use the concept plan. Whether the zoning map amendment is approved by the Council or not, development on the subject site would still need to meet all applicable zoning standards and be reviewed through the building permit process. ANALYSIS OF STANDARDS Attachment E (pages 25-26) of the Planning Commission staff report outlines zoning map amendment standards that should be considered as the Council reviews this proposal. Planning staff found the proposed amendment complies with all applicable standards. Please see the Planning Commission staff report for full details. PUBLIC PROCESS • April 26, 2021-Notice concerning the proposed zoning map amendment sent to Sugar House Community Council Chair. • May 17, 2021-The proposal was discussed at the Sugar House Community Council meeting. Comments at that meeting were primarily concerns about existing building and property maintenance, 1300 East road construction, and construction timeline. • July 1, 2021-Public hearing notice mailed to neighbors within 300’ of the subject site. Notice was also published in the newspaper. • July 14, 2021-Planning Commission public hearing. As noted above, several people spoke at the hearing expressing opposition to the proposal. Concerns cited were loss of affordable housing units, lack of benefit to the community, compatibility with surrounding neighborhood, loss of parking spaces for visitors to adjacent businesses to the south. The Planning Commission voted 5- 2 to forward a positive recommendation to the City Council for the proposed zoning map amendment. Page | 7 Attachment A From: Judi Short <judi.short@gmail.com> Sent: Saturday, October 30, 2021 6:41 PM To: Fullmer, Brian <Brian.Fullmer@slcgov.com> Subject: (EXTERNAL) 1945 S 1300 East Thank you for sending the staff report written for the City Council as they assess this proposed rezone. I have a couple of changes. 1. The applicant is proposing 46 units, which is the correct amount for 1 acre if his parcel were to be in RMF 45. However, we have clarification from Nannette Larsen in planning that Max Chang could only build 31 units because the size of his parcel is .79 of an acre. I confirmed that on the Salt Lake County Assessor's website. So, this rezone would result in an increase from 25 to 31 units. These units are probably affordable, given their age and condition, so we would lose 25 affordable units and gain 31 expensive units. A total gain of 6 units. 2. Parking - Please double-check the parking requirement. I have attached the latest revised parking ordinance final draft, which I don't think is codified yet. We haven't seen anything in a long time that requires 2 spaces for a 2 bedroom unit. Look on page 7, I think this says 1.25 parking spaces per dwelling unit 2 bedrooms. There is no on-street parking on 1300 east. The parking lots for the businesses nearby are packed, I know my dentist is next door on the south, and there are times I cannot find a place to park. 3. Entrance and Egress - Entrance to this building is from a shared driveway (shared with the dental office on the south). This is a one-way road. Egress is to snake your way through the dental parking lot, out to 1300 East where you can only go north, and the wait is long because traffic is bumper to bumper. Or, through a skinny driveway to View Street, wide enough for one car. View Street has no available parking on it most times of day Or, head south down the skinny driveway behind the houses on view and east of Kentucky Fried Chicken to snake your way onto 2100 South, which is also packed at that corner most of the time. It is just a place where additional cars are not needed, Transportation says that area is F and has been for 10-15 years "and you guys just keep approving projects." 4. Mr Chang thinks people will just walk over to the streetcar, but that would likely be a 20 minute walk over 1300 East, 2100 South and through a myriad of parking lots or a steep walk down Wilmington Avenue to cross Highland Drive with still another long block to the streetcar. Not likely to happen. -- Judi Short Erin Mendenhall Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2020-01022 – 1945 South 1300 East Zoning Map Amendments STAFF CONTACT: Nannette Larsen, Principal Planner, nannette.larsen@slcgov.com 801-535-7645 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendations of the Planning Commission to approve the proposed Zoning Map amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Towards the end of December of last year a representative with American Estate Management Corp. initiated a petition to amend the Zoning Map. The request is for a property located at approximately 1945 South 1300 East and would amend the properties from RMF-35 (Moderate Density Residential Multi-Family) to RMF-45 (Moderate/High Density Multi-Family Residential). The Planning Commission heard the petition on July 14th of this year and forwarded a positive recommendation to City Council to amend the Zoning Map. The current configuration of the site was developed in 1959 and includes 24 residential units. This initial development included a swimming pool in an interior courtyard and parking (covered and uncovered) located on the east side of the lot which was accessed by a private alley. After this multi-family development in the late 50s, this structure has been in continuous use as residential units since it’s construction. September 9, 2021 Lisa Shaffer (Sep 15, 2021 16:32 MDT) 09/15/2021 09/15/2021 The subject property is in the Sugar House Master Plan. The Sugar House Master Plan designates the property as “Medium High Density Residential” land use, this designated land use provides for an area that allows for a density of 20-50 dwelling units per acre. The property is also within the RMF-35 (Moderate Density Multi-Family Residential) zoning district, the applicant is proposing to rezone to RMF-45 (Moderate/High Density Multi-Family Residential). The proposed amendment to the Zoning Map is intended to accommodate a new multi- family residential development, the applicant initially requested a total of 46 residential units, however the maximum number permitted on this site, based on the square footage of the property is 31 residential units. If the zoning map amendment is approved the property owner would be allowed to fully redevelop the site in accordance with the RMF-45 (Moderate/High Density Multi-Family Residential) zoning district standards and permitted land uses. Figure 1: Vicinity Map PUBLIC PROCESS: • Information concerning this petition was sent to the chair of the Sugar House Community Council on April 26, 2021. o The Sugar House Community Council met on the proposed amendment on May 17, 2021  Comments received during this meeting were concerns over building and property maintenance, road construction on 1300 East, timeline of the building construction, and whether the alley to the south of the site is public or private. • The surrounding property owners within 300’ received an early notification by mail on April 17, 2021. • Public notification for the Planning Commission Hearing was mailed July 1, 2021 to all neighbors within 300’ of the Zoning Map amendment site. • Public notification for the Planning Commission hearing was posted in the newspaper, July 1, 2021. • The petition was heard by the Planning Commission on July 14, 2021. The Planning Commission voted 5 to 2 to forward a positive recommendation to the City Council regarding the proposed zoning map amendment. o There were multiple public comments heard from the public during this hearing. The public comments were concerned about traffic, access to the private alley to the south, building height, and property maintenance. Planning Commission (PC) Records: a) PC Agenda of July 14, 2021 (Click to Access) b) PC Minutes of July 14, 2021 (Click to Access) c) Planning Commission Staff Report of July 14,2021 (Click to Access Report) SALT LAKE CITY ORDINANCE No. _____ of 2021 (Amending the zoning of property located at approximately 1945 South 1300 East Street from RMF-35 Moderate Density Multi-Family Residential District to RMF-45 Moderate/High Density Multi-Family Residential) An ordinance amending the zoning map pertaining to property located at approximately 1945 South 1300 East Street from RMF-35 Moderate Density Multi-Family Residential to RMF- 45 Moderate/High Density Multi-Family Residential pursuant to Petition No. PLNPCM2020- 01022. WHEREAS, the Salt Lake City Planning Commission held a public hearing on July 14, 2021 on an application submitted by Max Chang (“Applicant”) on behalf of the property owner, American Estate Management Corp., to rezone property located at 1945 South 1300 East Street (Tax ID No. 16-17-481-008) (the “Property”) from RMF-35 Moderate Density Multi-Family Residential to RMF-45 Moderate/High Density Multi-Family Residential pursuant to Petition No. PLNPCM2020-01022; and WHEREAS, at its July 14, 2021 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on said applications; and WHEREAS, following a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Property identified on Exhibit “A” attached hereto shall be and hereby is rezoned from RMF-35 Moderate Density Multi-Family Residential to RMF-45 Moderate/High Density Multi-Family. SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. Ordinance rezoning 1945 S 1300 E APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney August 17, 2021 EXHIBIT “A” Legal Description of Property to be Rezoned: 1945 South 1300 East Street Tax ID No. 16-17-481-008 0609 COM 42.86 RDS N & 12 RDS W FR SE COR SEC 17, T 1S, R 1E, S L M; N 174.235 FT; E 198 FT; S 174.235 FT; W 198 FT TO BEG EXHIBITS: 1) Project Chronology 2) Notice of City Council Hearing 3) Mailing List 1. PROJECT CHRONOLOGY 1945 South 1300 East Master Plan and Zoning Map Amendment Project Chronology Located at approximately 1945 S. 1300 E. PLNPCM2020-01022 December 29, 2020 Zoning Amendment application received by the City. January 21, 2021 Petition assigned to and received by Nannette Larsen. January 21, 2020 Application deemed complete and forwarded project review to applicable City departments. April 27, 2021 The Sugar House Community Council chair notified of the petition and forwarded information. April 27, 2021 Early Notification sent to neighbors located within 300’ of property May 11, 2021 A public comment by phone in reference to concerns about maintenance May 17, 2021 Sugar House Community Council met on the proposed amendment. Comments received during this meeting expressed concerns over building and property maintenance, road construction on 1300 East, timeline of building construction, and traffic on the alley to the south. May 17, 2021 Public comment by email received, concerned about quality of construction, mature trees on the site, and the current residents of the site. May 20, 2021 Public comment by phone received, concerned about disturbance and timeframe of construction. Stated they were ok with proposed density and height. July 1, 2021 Newspaper notice posted. July 1, 2021 Notice for Planning Commission Hearing mailed to property owners and residents within 300’ of the subject property July 2, 2021 Notice of Planning Commission Hearing posted at the property. July 7, 2021 Public comment received by email, concerned about increase density and infrastructure, construction quality, and design. July 8, 2021 Staff Report for Master Plan and Zoning Map amendment public hearing posted online July 8, 2021 Public comment received via email. Concerns regarding property maintenance and construction on 1300 east. July 14, 2021 Planning Commission Public Hearing. Planning Commission recommended approval to the City Council for the Zoning Map amendment on the subject property. July 12, 2021 Public comment received via email. Concerned about additional building height, neighborhood character, and traffic. July 12, 2021 Public comment received via email. Concerns regarding increase in density and traffic. June 14, 2021 Public comment received via email. Concerns regarding private alley and access to the site. 2. NOTICE OF COUNCIL HEARING 3. MAILING LIST 1945 South 1300 East Mailing List BHARADWAJ KADIYALA; VINILA SISTA (JT) 1325 E WESTMINSTER AVE SALT LAKE CITY UT 84105 MOFFETT; DARRYL G MOFFETT (JT) 4173 E ABINADI RD SALT LAKE CITY UT 84124 TRUST NOT IDENTIFIED 2739 E 4430 S HOLLADAY UT 84124 EDWARD W TAGGART 1340 E WESTMINSTER AVE SALT LAKE CITY UT 84105 MICHAEL G SEELEY 1908 S VIEW ST SALT LAKE CITY UT 84105 INTERNATIONAL INVESTMENT & DEVELOPMENT CORP 4505 S WASATCH BLVD # 215 SALT LAKE CITY UT 84124 ERVIN STANKEVITZ 1930 S VIEW ST SALT LAKE CITY UT 84105 RSL REV TRUST 21821 BURBANK BLVD #156 WOODLAND HILLS CA 91367 E B JONES & SONS, LLC 2064 E ASHTON CIR SALT LAKE CITY UT 84109 DEAN R CALL PO BOX 9250 SALT LAKE CITY UT 84109 TRUST NOT IDENTIFIED 2899 E BROOKBURN RD SALT LAKE CITY UT 84109 1968 VIEW DRIVE, A SERIES OF HAPPY LINCOLN, LLC 10138 S DUNSINANE DR SOUTH JORDAN UT 84009 ERIC T STRAIN; HOLLIE H HOWTON (JT) 1984 S VIEW ST SALT LAKE CITY UT 84105 MEI J STASER; MEI STASER (JT) 3472 S LETTER HI LN SOUTH SALT LAKE UT 84106 BRYCE ATKINSON 10138 S DUNSINANE DR SOUTH JORDAN UT 84009 TRUST NOT IDENTIFIED 1924 S VIEW ST SALT LAKE CITY UT 84105 SF TR 1353 E RAMONA AVE SALT LAKE CITY UT 84105 S FAM TR 1353 E RAMONA AVE SALT LAKE CITY UT 84105 RASHID L SABER 2438 S 2500 E SALT LAKE CITY UT 84109 KELLI C LUND; JUSTIN T MOOL (JT) 1356 E RAMONA AVE SALT LAKE CITY UT 84105 LYNDA LEE WELCH 1362 E RAMONA AVE SALT LAKE CITY UT 84105 MATT FAWSON 2572 E COBBLESTONE WY SANDY UT 84093 KELLEY H EVANS; PAULA J EVANS (JT) 1959 S VIEW ST SALT LAKE CITY UT 84105 ALEXANDER T AOYAGI; KARI L AOYAGI (JT) 1965 S VIEW ST SALT LAKE CITY UT 84105 HOLY SPIRIT ASSOCIATION FOR UNIFICATION WORLD CHRISTIANITY 1969 S VIEW ST SALT LAKE CITY UT 84105 WESTMINSTER COLLEGE 1840 S 1300 E SALT LAKE CITY UT 84105 RUSS L ISENBURG; ANN MARIE ISENBURG (JT) 1303 E WESTMINSTER AVE SALT LAKE CITY UT 84105 DANA UTAH, LLC 1311 E WESTMINSTER AVE SALT LAKE CITY UT 84105 TYLER R KEARN 528 27TH ST APT 5 SAN FRANCISCO CA 94131 CHRISTOPHER DAVID ALLOWAYS-RAMSEY 1935 S DOUGLAS ST SALT LAKE CITY UT 84105 LYNN STALEY 1935 S DOUGLAS ST # 11 SALT LAKE CITY UT 84105 ALYSSA SCHRACK 1935 S DOUGLAS ST SALT LAKE CITY UT 84105 BEATY FAMILY INVESTMENTS, LLC 3418 E REGATTA LN COTTONWOOD HTS UT 84093 SCOTT W BRENNAN; CODY J CLAWSON (JT) 3887 S CHATTERLEIGH RD WEST VALLEY UT 84128 WHITNEY K REID 1935 S DOUGLAS ST SALT LAKE CITY UT 84105 SKR INVESTMENTS LLC 1706 S BAMBROUGH PL SALT LAKE CITY UT 84108 SUGARHOUSE DOUGLAS 17, LLC PO BOX 1373 AMERICAN FORK UT 84003 NEAL R CHRISTENSEN 1935 S DOUGLAS ST SALT LAKE CITY UT 84105 DOUGLAS PLAZA APT HOMES CONDO COMMON AREA MASTER CARD 8180 S 700 E # 120 SANDY UT 84070 WESTSIDE HOLDINGS, LLC 4438 N 3800 E LIBERTY UT 84310 MONICA L POWERS 1270 E WESTMINSTER AVE SALT LAKE CITY UT 84105 DAVID C CROOKS PO BOX 521062 SALT LAKE CITY UT 84152 DOYLE FAMILY 1999 REVOCABLE TRUST 10/20/1999 1911 S DOUGLAS ST SALT LAKE CITY UT 84105 IAN D A CAMPBELL 1943 S DOUGLAS ST SALT LAKE CITY UT 84105 PROJECT HOUSE, LLC 1901 S 1200 E SALT LAKE CITY UT 84105 ANN NAREE SMITH 1953 S DOUGLAS ST SALT LAKE CITY UT 84105 MARK MCKENZIE 1957 S DOUGLAS ST SALT LAKE CITY UT 84105 TRUST NOT IDENTIFIED 4460 S ROGER DR SALT LAKE CITY UT 84124 CARLYLE L HARRIS 1902 S 1300 E SALT LAKE CITY UT 84105 ASSENNETH SOSA 1906 S 1300 E SALT LAKE CITY UT 84105 ROD GARCIA 1912 S 1300 E SALT LAKE CITY UT 84105 TRUST NOT IDENTIFIED 1613 E BROWNING AVE SALT LAKE CITY UT 84105 NELSON ROY; ROSALEA M CAMERON (JT) 1920 S 1300 E SALT LAKE CITY UT 84105 UZIEL MONTIEL; A SUE MONTIEL (JT) 1936 S 1300 E SALT LAKE CITY UT 84105 TRUST NOT IDENTIFIED 402 E BRAYDEN WY DRAPER UT 84020 JAMIE D DUIS; JAMES C FLEMING (JT) 1950 S 1300 E SALT LAKE CITY UT 84105 JENNIFER S ORISON 979 E HOLLYWOOD AVE SALT LAKE CITY UT 84105 OVERSON LANDINGS LLC 213 GALAHAD PLACE N NORTH HUDSON WI 54016 H & C STRAUGHN FAMILY TRUST 03/23/2004 1964 S 1300 E SALT LAKE CITY UT 84105 JUDY Y DARBY 1968 S 1300 E SALT LAKE CITY UT 84105 K.C.S. CORPORATION 1970 S 1300 E SALT LAKE CITY UT 84105 ANITA M ERMISH; BRENDAN ERMISH (JT) 1898 S 1300 E SALT LAKE CITY UT 84105 HIGHLAND PARK PLAZA CONDO 2ND AMD HOMEOWNERS ASSOCIATION 1955 S 1300 E # L1 SALT LAKE CITY UT 84105 HDC ENTERPRISES LLC 1955 S 1300 E # 1 SALT LAKE CITY UT 84105 J KRIS HANSON 1955 S 1300 E SALT LAKE CITY UT 84105 JEFFREY S KNIGHT 3089 E SILVER HAWK DR HOLLADAY UT 84121 M & K RUDD COMPANY LLC 1955 S 1300 E SALT LAKE CITY UT 84105 LEGACY PROPERTY HOLDINGS LLC 3354 N 750 W OGDEN UT 84414 ZHEN ZHE EAST LLC; CBT TRUST 1955 S 1300 E # L1 SALT LAKE CITY UT 84105 HAYDEN RIVER VALLEY, LLC 1955 S 1300 E # L2 SALT LAKE CITY UT 84105 COLD STEEL PROPERTY HOLDINGS, LLC 6268 S 900 E SALT LAKE CITY UT 84121 MARK RYSER 1955 S 1300 E SALT LAKE CITY UT 84105 COLD STEEL PROPERTY HOLDINGS, LLC 6268 S 900 E SALT LAKE CITY UT 84121 ELMORE E GIEPERT; PATRICIA L GIEPERT (JT) 1304 E WESTMINSTER AVE SALT LAKE CITY UT 84105 ANDREW A JOYCE; KIMBERLY BETH BROWN 1312 E WESTMINSTER AVE SALT LAKE CITY UT 84105 SOUTHMINSTER PROPERTIES, LLC 2222 E 1700 S SALT LAKE CITY UT 84108 BRUCE K HUDMAN 1909 S 1300 E SALT LAKE CITY UT 84105 AMERICAN ESTATE MANAGEMENT CORPORATION 1967 S 300 W SALT LAKE CITY UT 84115 GERALD H NELSON PO BOX 520095 SALT LAKE CITY UT 84152 BRUCE HUDMAN 1909 S 1300 E SALT LAKE CITY UT 84105 MICHAEL G SEELEY 1908 S VIEW ST SALT LAKE CITY UT 84105 WILLIAM RATTIGAN; MEAGHAN KELLIHER (JT) 1915 S 1300 E SALT LAKE CITY UT 84105 HIGHLAND PARK CONDOMINIUM ASSOCIATION INC 1955 S 1300 E # 1 SALT LAKE CITY UT 84105 JARED C B LEE 1977 S 1300 E SALT LAKE CITY UT 84105 HIGHLAND PARK CONDOMINIUM ASSOCIATION INC 1955 S 1300 E # 1 SALT LAKE CITY UT 84105 ANDREW INGEBRETSEN; JILLAIRE INGEBRETSEN (JT) 1913 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1329 E WESTMINSTER AVE Salt Lake City UT 84105 Current Occupant 1328 E WESTMINSTER AVE Salt Lake City UT 84105 Current Occupant 1949 S 1300 E Salt Lake City UT 84105 Current Occupant 1934 S VIEW ST Salt Lake City UT 84105 Current Occupant 1954 S VIEW ST Salt Lake City UT 84105 Current Occupant 1960 S VIEW ST Salt Lake City UT 84105 Current Occupant 1964 S VIEW ST Salt Lake City UT 84105 Current Occupant 1968 S VIEW ST Salt Lake City UT 84105 Current Occupant 1974 S VIEW ST Salt Lake City UT 84105 Current Occupant 1968 S VIEW ST #NFF1 Salt Lake City UT 84105 Current Occupant 1354 E WESTMINSTER AVE Salt Lake City UT 84105 Current Occupant 1363 E RAMONA AVE Salt Lake City UT 84105 Current Occupant 1953 S VIEW ST Salt Lake City UT 84105 Current Occupant 1877 S 1300 E Salt Lake City UT 84105 Current Occupant 1319 E WESTMINSTER AVE Salt Lake City UT 84105 Current Occupant 1935 S DOUGLAS ST #11 Salt Lake City UT 84105 Current Occupant 1935 S DOUGLAS ST #13 Salt Lake City UT 84105 Current Occupant 1935 S DOUGLAS ST #14 Salt Lake City UT 84105 Current Occupant 1935 S DOUGLAS ST #16 Salt Lake City UT 84105 Current Occupant 1935 S DOUGLAS ST #17 Salt Lake City UT 84105 Current Occupant 1935 S DOUGLAS ST Salt Lake City UT 84105 Current Occupant 1264 E WESTMINSTER AVE Salt Lake City UT 84105 Current Occupant 1274 E WESTMINSTER AVE Salt Lake City UT 84105 Current Occupant 1949 S DOUGLAS ST Salt Lake City UT 84105 Current Occupant 1963 S DOUGLAS ST Salt Lake City UT 84105 Current Occupant 1914 S 1300 E Salt Lake City UT 84105 Current Occupant 1940 S 1300 E Salt Lake City UT 84105 Current Occupant 1954 S 1300 E Salt Lake City UT 84105 Current Occupant 1960 S 1300 E Salt Lake City UT 84105 Current Occupant 1955 S 1300 E Salt Lake City UT 84105 Current Occupant 1955 S 1300 E #1 Salt Lake City UT 84105 Current Occupant 1955 S 1300 E #3 Salt Lake City UT 84105 Current Occupant 1955 S 1300 E #7 Salt Lake City UT 84105 Current Occupant 1955 S 1300 E #L1 Salt Lake City UT 84105 Current Occupant 1955 S 1300 E #L2 Salt Lake City UT 84105 Current Occupant 1955 S 1300 E #L4 Salt Lake City UT 84105 Current Occupant 1955 S 1300 E #L6 Salt Lake City UT 84105 Current Occupant 1318 E WESTMINSTER AVE Salt Lake City UT 84105 Current Occupant 1945 S 1300 E Salt Lake City UT 84105 Current Occupant 1981 S 1300 E Salt Lake City UT 84105 Current Occupant 1969 S 1300 E Salt Lake City UT 84105 Current Occupant 1969 S 1300 E Salt Lake City UT 84105 Item E4 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY tinyurl.com/SLCFY22Budget TO:City Council Members FROM: Ben Luedtke and Sylvia Richards Budget Analysts DATE:November 16, 2021 UPDATED 6:34 PM RE: Budget Amendment Number Four FY22 MOTION 1 – CLOSE PUBLIC HEARING AND PARTIALLY ADOPT I move that the Council close the public hearing and adopt an ordinance amending the FY 2021-22 final budget of Salt Lake City including the employment staffing document as shown on the motion sheet except item G-5. I further move that the Council approve a resolution authorizing application to the Federal Bureau of Reclamation’s WaterSmart water and energy efficiency grant program related to Rose Park Golf Course. Staff note: If the Council chooses Motion 1, Council Member Faris needs to recuse himself afterwards for the Motion 2 vote below. MOTION 2 – ADOPT ITEM G-5 I move that the Council Adopt Item G-5. Staff note: Council Members do not need to read the individual items below; it is listed for reference to motions one and two. A-5: Community Health Access Team (CHAT) Program Vehicles ($150,000 from $2 Million Holding Account; $150,000 goes to Fleet Fund) A-6: Non-Represented Employees’ Job Salary Survey ($75,000 from General Fund Balance) A-10: Community Health Access Team (CHAT) Program Personnel Transfer (Budget Neutral) A-11: Rose Park Golf Course Water & Energy Efficiency Grant (Matching Funds) ($1,800,000 from the Golf Fund D-2: Increase Grant Fund ($0.00 – Miscellaneous Grants) D-3: Premium Holiday – Other Funds (Refuse, Golf, Fleet and IMs) ($0.00 ) D-4: GPS Housekeeping ($74,600 – General Fund and Fleet Fund) D-5: Signage FTE Correction ($51,847 – General Fund) D-6: General Obligation Series 2021A Bonds – ($23,400,000 – CIP Fund, and $200,000 – Debt Service) D-7: Sales Tax Refunding Revenue Bonds Series 2021A – ($10,665,000, $10,400,000 and $4,900,000 – Debt Service) D-8: Budget Carry Forward ($1,175,000 – General Fund) G-1: Police Department Asset Forfeiture Grant ($1,500 – Miscellaneous Grants) G-2: Utah Department of Health – Bureau of Emergency Medical Services (EMS) Grant, FY22 Per Capita Allocation ($10,250 – Miscellaneous Grants) G-3: State of Utah, CCJJ (Commission on Criminal and Juvenile Justice), Jurisdictions with Halfway Houses and Parole Violator Center Grant, Law Enforcement Services Account (LESA) ($295,571 – Miscellaneous Grants) G-4: Utah State Office for Victims of Crime, 2021-23 VOCA Victims of Crime Act Grant ($364,162 – Miscellaneous Grants) G-5: Department of Workforce Services, Housing & Community Development Division, FY22 Homeless Shelter Cities Mitigation Grant Program ($370,735 – Miscellaneous Grants) G-6: State Department of Public Safety – 2021 Emergency Management Performance Grant (EMPG) ($42,500 – Miscellaneous Grants) G-7: Cities of Service, Johns Hopkins, Justice for the Jordan Grant – Love your Block – ($100,000 – Miscellaneous Grants) G-8: Utah State Office for Victims of Crime, Violence Against Women Act, Domestic Violence Victim Advocate ($101,039 – Miscellaneous Grants) I-1: Council Office Reclassifications and Amending FY22 Appointed Pay Plan MOTION 3 – CONTINUE PUBLIC HEARING I move that the Council continue the public hearing to a future date. MOTION 4 – CLOSE PUBLIC HEARING and NOT ADOPT I move that the Council close the public hearing and proceed to the next agenda item. DEPARTMENT OF FINANCE POLICY AND BUDGET DIVISION 451 SOUTH STATE STREET, ROOM 238 PO BOX 145467, SALT LAKE CITY, UTAH 84114-5455 TEL 801-535-6394 ERIN MENDENHALL Mayor MARY BETH THOMPSON Chief Financial Officer CITY COUNCIL TRANSMITTAL ___________________________________ Date Received: ________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: October 25, 2021 Amy Fowler, Chair FROM: Mary Beth Thompson, Chief Financial Officer SUBJECT: Budget Amendment #4 - Revised SPONSOR: NA STAFF CONTACT: John Vuyk, Budget Director (801) 535-6394 or Mary Beth Thompson (801) 535-6403 DOCUMENT TYPE: Budget Amendment Ordinance RECOMMENDATION: The Administration recommends that, subsequent to a public hearing, the City Council adopt the following amendments to the FY 2021-22 adopted budget. BUDGET IMPACT: REVENUE EXPENSE GENERAL FUND $ 1,772,794.00 $ 4,657,529.00 WATER FUND 0.00 18,118.00 SEWER FUND 0.00 7,941.00 STORM WATER FUND 0.00 2,278.00 AIRPORT FUND 0.00 39,790.00 REFUSE FUND 24,907.00 4,109.00 GOLF FUND 14,310.00 1,802,257.00 FLEET FUND 438,905.00 423,258.00 IMS FUND 161,380.00 135,492.00 MISCELLANEOUS GRANT FUND 17,497,861.48 15,751,215.48 DEBT SERVICE FUND 26,165,000.00 26,165,000.00 CIP FUND 23,400,000.00 23,400,000.00 RISK FUND 212,897.00 212,897.00 TOTAL $ 69,688,054.48 $ 72,619,884.48 Lisa Shaffer (Oct 25, 2021 17:23 MDT) BACKGROUND/DISCUSSION: Revenue for FY 2021-22 Budget Adjustments Because the fiscal year just started the Fiscal Year 2022 projections are at budget. The following chart shows a current projection of General Fund Revenue for fiscal year 2022. Projections for fiscal year 2021 are coming in better than expected, more detail will be shared as the audit progresses. Given the available information fund balance would be projected as follows: With the current use of fund balance from this budget amendment fund balance drops to 12.86%. FOF GF Only TOTAL FOF GF Only TOTAL Beginning Fund Balance 6,625,050 82,617,126 89,242,176 7,018,483 50,124,619 57,143,102 Budgeted Change in Fund Balance 2,924,682 (7,810,302) (4,885,620) (4,759,137) (19,471,917) (24,231,054) Prior Year Encumbrances (3,733,743) (6,165,453) (9,899,196) - - - Estimated Beginning Fund Balance 5,815,989 68,641,371 74,457,360 2,259,346 30,652,702 32,912,048 Beginning Fund Balance Percent 16.62%23.32%22.61%5.60%9.64%9.18% Year End CAFR Adjustments Revenue Changes - - - - - - Expense Changes (Prepaids, Receivable, Etc.) - (5,676,583) (5,676,583) 5,759,137 7,652,037 13,411,174 Fund Balance w/ CAFR Changes 5,815,989 62,964,788 68,780,777 8,018,483 38,304,739 46,323,222 Final Fund Balance Percent 16.62%21.39%20.88%19.87%12.05%12.93% Budget Amendment Use of Fund Balance BA#1 Revenue Adjustment - - - - - - BA#1 Expense Adjustment - - - - 5,138,235 5,138,235 BA#2 Revenue Adjustment - - - - 490,847 490,847 BA#2 Expense Adjustment - (288,488) (288,488) - (986,298) (986,298) BA#3 Revenue Adjustment - - - - - - BA#3 Expense Adjustment - (6,239,940) (6,239,940) (1,000,000) (1,000,000) (2,000,000) BA#4 Revenue Adjustment - - - - 1,772,794 1,772,794 BA#4 Expense Adjustment - - - - (4,657,529) (4,657,529) BA#5 Revenue Adjustment - (242,788) (242,788) - - - BA#5 Expense Adjustment - (2,783,685) (2,783,685) - - - BA#6 Revenue Adjustment - - - - - - BA#6 Expense Adjustment - (63,673) (63,673) - - - BA#7 Revenue Adjustment - 540,744 540,744 - - - BA#7 Expense Adjustment - (6,582,824) (6,582,824) - - - BA#8 Revenue Adjustment - - - - - - BA#8 Expense Adjustment (1,000,000) (1,000,000) (2,000,000) - - - BA#9 Revenue Adjustment - 439,809 439,809 - - - BA#9 Expense Adjustment - 362,532 1,555,532 - - - Change in Revenue 2,202,494 3,018,144 5,220,638 - - - Fund Balance Budgeted Increase - - - - - - - - Adjusted Fund Balance 7,018,483 50,124,619 58,336,102 7,018,483 39,062,788 46,081,271 Adjusted Fund Balance Percent 20.05%17.03%17.71%17.39%12.28%12.86% Projected Revenue 35,000,000 294,345,168 329,345,168 40,359,137 317,980,599 358,339,736 2021 Projection 2022 Projection The Administration is requesting a budget amendment totaling $69,688,054.48 of revenue and expense of $72,619,884.48. The amendment proposes changes in thirteen funds, with $2,884,735.00 from the General Fund fund balance. The proposal includes forty-one initiatives for Council review. Including the addition of 22 FTEs in the General Fund supported by grant funding. A summary spreadsheet document, outlining proposed budget changes is attached. The Administration requests this document be modified based on the decisions of the Council. The revision corrects numbering issues in section E of the Detail Document. The budget opening is separated in eight different categories: A. New Budget Items B. Grants for Existing Staff Resources C. Grants for New Staff Resources D. Housekeeping Items E. Grants Requiring No New Staff Resources F. Donations G. Council Consent Agenda Grant Awards I. Council Added Items PUBLIC PROCESS: Public Hearing SALT LAKE CITY ORDINANCE No. ______ of 2021 Fourth amendment to the Final Budget of Salt Lake City, including the employment staffing document, for Fiscal Year 2021-2022 In June of 2021, the Salt Lake City Council adopted the final budget of Salt Lake City, Utah, including the employment staffing document, effective for the fiscal year beginning July 1, 2021 and ending June 30, 2022, in accordance with the requirements of Section 10-6-118 of the Utah Code. The City’s Budget Director, acting as the City’s Budget Officer, prepared and filed with the City Recorder proposed amendments to said duly adopted budget, including the amendments to the employment staffing document necessary to effectuate the staffing changes specifically stated herein, copies of which are attached hereto, for consideration by the City Council and inspection by the public. All conditions precedent to amend said budget, including the employment staffing document as provided above, have been accomplished. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Purpose. The purpose of this Ordinance is to amend the final budget of Salt Lake City, including the employment staffing document, as approved, ratified and finalized by Salt Lake City Ordinance No. 32 of 2021. SECTION 2. Adoption of Amendments. The budget amendments, including amendments to the employment staffing document necessary to effectuate the staffing changes specifically stated herein, attached hereto and made a part of this Ordinance shall be, and the same hereby are adopted and incorporated into the budget of Salt Lake City, Utah, including the amendments to the employment staffing document described above, for the fiscal year beginning 2 July 1, 2021 and ending June 30, 2022, in accordance with the requirements of Section 10-6-128 of the Utah Code. SECTION 3. Filing of copies of the Budget Amendments. The said Budget Officer is authorized and directed to certify and file a copy of said budget amendments, including amendments to the employment staffing document, in the office of said Budget Officer and in the office of the City Recorder which amendments shall be available for public inspection. SECTION 4. Effective Date. This Ordinance shall take effect upon adoption. Passed by the City Council of Salt Lake City, Utah, this _____ day of __________, 2021. ________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to the Mayor on __________________ Mayor’s Action: ____ Approved ____ Vetoed _________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _________ of 2021. Published: ___________________. Salt Lake City Attorney’s Office Approved As To Form Senior City Attorney Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs 1 Risk Excess Liability and Cyber Insurance Costs Risk 212,897.00 212,897.00 - - One-time - 1 Risk Excess Liability and Cyber Insurance Costs GF 128,888.00 - - One-time - 1 Risk Excess Liability and Cyber Insurance Costs Water 18,118.00 - - One-time - 1 Risk Excess Liability and Cyber Insurance Costs Sewer 7,941.00 - - One-time - 1 Risk Excess Liability and Cyber Insurance Costs Storm Water 2,278.00 - - One-time - 1 Risk Excess Liability and Cyber Insurance Costs Airport 39,790.00 - - One-time - 1 Risk Excess Liability and Cyber Insurance Costs Refuse 4,109.00 - - One-time - 1 Risk Excess Liability and Cyber Insurance Costs Golf 2,257.00 - - One-time - 1 Risk Excess Liability and Cyber Insurance Costs Fleet 2,938.00 - - One-time - 1 Risk Excess Liability and Cyber Insurance Costs IMS 4,492.00 - - One-time - 2 Department of Air Quality Lawnmower Exchange GF - 250,000.00 - - One-time - 3 COVID Safe Building Improvements GF - 844,000.00 - - One-time - 3 COVID Safe Building Improvements IMS 131,000.00 131,000.00 - - One-time - 4 Pulled Prior to Submission - - - - 5 Community Health Access Team Vehicles GF - 150,000.00 - - One-time - 5 Community Health Access Team Vehicles Fleet 150,000.00 150,000.00 - - One-time - 6 Non Represented Employee Job Salary Survey GF - 75,000.00 - - One-time - 7 Sugar House SAA GF - 60,000.00 - - One-time - 8 Sorenson Impact Center Social Investment GF - 150,000.00 - - One-time - 9 Pulled Prior to Submission - - - - - 10 Community Health Access Team (CHAT) FTE Transfer GF - - - - Ongoing - 11 Rose Park Golf Course Water & Energy Efficiency Grant (Matching Funds) Golf - 1,800,000.00 - - One-time - Fiscal Year 2021-22 Budget Amendment #4 Council ApprovedAdministration Proposed Section A: New Items 1 Fiscal Year 2021-22 Budget Amendment #4 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs (Continued) 12 ARPA Funding -Housing & Homelessness - Salary Restoration - Public Lands Park Ranger program (see Item C-1 & E-3 & E-4) GF 1,064,368.00 1,064,368.00 - - Ongoing 19.00 12 ARPA Funding -Housing & Homelessness - Salary Restoration - Public Lands Park Ranger program (see Item C-1 & E-3 & E-4) GF 443,676.00 443,676.00 - - One-time - 12 ARPA Funding -Housing & Homelessness - Salary Restoration - Public Lands Park Ranger program (see Item C-1 & E-3 & E-4) Fleet 195,720.00 195,720.00 - - One-time - 13 ARPA Funding – Housing & Homelessness - CCP Rapid Intervention Teams (See Item C- 2 & E-5) GF 164,750.00 164,750.00 - - Ongoing 3.00 1 ARPA Funding -Housing & Homelessness - Salary Restoration - Public Lands Park Ranger program (See Item A-12 & E-3 & E4) Misc Grants 1,064,368.00 1,064,368.00 - - Ongoing - 2 ARPA Funding – Housing & Homelessness - CCP Rapid Intervention Team (See Item A- 13 & E-5) Misc Grants 164,750.00 164,750.00 - - Ongoing - Council Approved Section C: Grants for New Staff Resources Section B: Grants for Existing Staff Resources Administration Proposed Section A: New Items 2 Fiscal Year 2021-22 Budget Amendment #4 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs 1 Economic Development Loan Fund Move Housing - (100,000.00) - - One-time - 1 Economic Development Loan Fund Move Housing 100,000.00 - - One-time - 1 Economic Development Loan Fund Move GF 100,000.00 100,000.00 - - One-time - 2 Increase Grant Fund Misc Grants 1,746,646.00 - - - Ongoing - 3 Premium Holiday - Other Funds Refuse 24,907.00 - - - One-time 3 Premium Holiday - Other Funds Golf 14,310.00 - - - One-time 3 Premium Holiday - Other Funds Fleet 18,585.00 - - - One-time 3 Premium Holiday - Other Funds IMS 30,380.00 - - - One-time 4 GPS Housekeeping GF - (74,600.00) - - One-time - 4 GPS Housekeeping GF - 74,600.00 - - One-time - 4 GPS Housekeeping Fleet 74,600.00 74,600.00 - - One-time - 5 Signage FTE Correction GF - 51,847.00 - - Ongoing - 6 General Obligation Series 2021A Bonds CIP 23,400,000.00 23,400,000.00 - - One-time - 6 General Obligation Series 2021A Bonds Debt Service 200,000.00 200,000.00 - - One-time - 7 Sales Tax Refunding Revenue Bonds, Series 2021A Debt Service 10,665,000.00 10,665,000.00 - - One-time - 7 Sales Tax Refunding Revenue Bonds, Series 2021A Debt Service 10,400,000.00 10,400,000.00 - - One-time - 7 Sales Tax Refunding Revenue Bonds, Series 2021A Debt Service 4,900,000.00 4,900,000.00 - - One-time - 8 Budget Carry Forward GF - 1,175,000.00 One-time - Council Approved Section D: Housekeeping Administration Proposed 3 Fiscal Year 2021-22 Budget Amendment #4 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs 1 ARPA Funding - Water and Sewer Infrastructure Projects Misc Grants 2,000,000.00 2,000,000.00 - - One-time - 2 ARPA Funding - Housing & Homelessness - Winter Shelter Support Misc Grants 1,000,000.00 1,000,000.00 - - One-time - 3 ARPA Funding - Housing & Homelessness - Salary Restoration - Public Lands Park Ranger program (See Item A-12, C-1 & E4) Misc Grants 443,676.00 443,676.00 - - Ongoing - 4 ARPA Funding - Housing & Homelessness - Public Lands Park Ranger program (See Item A-12, C-1 & E-3) Misc Grants 69,244.00 69,244.00 - - Ongoing - 5 ARPA Funding – Housing & Homelessness – CCP Rapid Intervention Team (See Item A-13 & C-2) Misc Grants 160,500.00 160,500.00 - - One-time - 6 ARPA Funding - Housing & Homelessness - CCP Rapid Intervention Team (Police Support) Misc Grants 1,505,920.00 1,505,920.00 - - One-time - 7 Pulled Prior to Submission to allow for the completion of phase 2 of the Social Impact Investment Misc Grants - - - - - 8 ARPA Funding - Housing and Homelessness - HEART Rapid Intervention Team (Advantage Services) Misc Grants 57,000.00 57,000.00 - - One-time - 9 ARPA Funding – Building the lifeboat with Urban Land Fund Misc Grants 4,000,000.00 4,000,000.00 - - One-time - 10 ARPA Funding – Community Grants Misc Grants 4,000,000.00 4,000,000.00 - - One-time - - Section F: Donations Section E: Grants Requiring No New Staff Resources Administration Proposed Council Approved 4 Fiscal Year 2021-22 Budget Amendment #4 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs Consent Agenda #2 1 Police Department State Asset Forfeiture Grant Misc Grants 1,500.00 1,500.00 - - One-time - 2 Utah Department of Health - Bureau of Emergency Medical Services (EMS)grant, FY22 Per Capita Allocation Misc Grants 10,250.00 10,250.00 - - One-time - 3 State of Utah, CCJJ (Commission on Criminal and Juvenile Justice), Jurisdictions with Halfway Houses and Parole Violator Centers Grant, Law Enforcement Services Account (LESA) Misc Grants 295,571.00 295,571.00 - - One-time - 4 Utah State Office for Victims of Crime, 2021- 2023 VOCA Victims of Crime Act Grant Misc Grants 364,162.48 364,162.48 - - One-time - 5 Department of Workforce Services, Housing & Community Development Division, FY22 Homeless Shelter Cities Mitigation Grant Program Misc Grants 370,735.00 370,735.00 - - One-time - 6 Utah State Department of Public Safety - 2021 Emergency Management Performance Grant (EMPG) Misc Grants 42,500.00 42,500.00 - - One-time - 7 Cities of Service, Johns Hopkins, Justice for the Jordan Grant, Love Your Block Misc Grants 100,000.00 100,000.00 - - One-time - 8 Utah State Office for Victims of Crime, Violence Against Women Act, Domestic Violence Victim Advocate Misc Grants 101,039.00 101,039.00 - - One-time - Total of Budget Amendment Items 69,688,054.48 72,619,884.48 - - 22.00 Administration Proposed Council Approved Section I: Council Added Items Section G: Council Consent Agenda -- Grant Awards 5 Fiscal Year 2021-22 Budget Amendment #4 Initiative Number/Name Fund Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs Total by Fund Class, Budget Amendment #4: General Fund GF 1,772,794.00 4,657,529.00 - - 22.00 Water Fund Water - 18,118.00 - - - Sewer Fund Sewer - 7,941.00 - - - Storm Water Fund Storm Water - 2,278.00 - - - Airport Fund Airport - 39,790.00 - - - Refuse Fund Refuse 24,907.00 4,109.00 - - - Golf Fund Golf 14,310.00 1,802,257.00 - - - Fleet Fund Fleet 438,905.00 423,258.00 - - - IMS Fund IMS 161,380.00 135,492.00 - - - Miscellaneous Grants Fund Misc Grants 17,497,861.48 15,751,215.48 - - - Housing Fund Housing - - - - - Debt Service Fund Debt Service 26,165,000.00 26,165,000.00 - - - CIP Fund CIP 23,400,000.00 23,400,000.00 Risk Fund Risk 212,897.00 212,897.00 - - - - - - Total of Budget Amendment Items 69,688,054.48 72,619,884.48 - - 22.00 Administration Proposed Council Approved 6 Fiscal Year 2021-22 Budget Amendment #4 Current Year Budget Summary, provided for information only FY 2021-22 Budget, Including Budget Amendments FY 2021-22 Adopted Budget BA #1 Total BA #2 Total BA #3 Total BA #4 Total BA #5 Total ^^ Total Through BA#5 ^^ General Fund (FC 10)367,582,070 (5,138,235.00) 986,298.00 2,000,000.00 4,657,529.00 370,087,662.00 Curb and Gutter (FC 20)3,000 3,000.00 DEA Task Force Fund (FC 41)2,033,573 2,033,573.00 Misc Special Service Districts (FC 46)1,550,000 1,550,000.00 Street Lighting Enterprise (FC 48)5,699,663 7,098.00 5,706,761.00 Water Fund (FC 51)127,365,555 460,716.00 18,118.00 127,844,389.00 Sewer Fund (FC 52)268,213,796 221,826.00 7,941.00 268,443,563.00 Storm Water Fund (FC 53)19,201,013 19,705.00 2,278.00 19,222,996.00 Airport Fund (FC 54,55,56)706,792,500 1,350,949.00 39,790.00 708,183,239.00 Refuse Fund (FC 57)24,713,505 36,538.00 4,109.00 24,754,152.00 Golf Fund (FC 59)9,697,417 19,649.00 88,749.00 1,802,257.00 11,608,072.00 E-911 Fund (FC 60)4,056,856 4,056,856.00 Fleet Fund (FC 61)28,090,576 18,999.00 112,646.00 423,258.00 28,645,479.00 IMS Fund (FC 65)24,302,487 219,193.00 135,492.00 24,657,172.00 County Quarter Cent Sales Tax for Transportation (FC 69) 5,307,142 5,307,142.00 CDBG Operating Fund (FC 71)5,341,332 5,341,332.00 Miscellaneous Grants (FC 72)18,684,617 10,427,551.76 1,522,743.00 15,751,215.48 46,386,127.24 Other Special Revenue (FC 73)273,797 273,797.00 Donation Fund (FC 77)2,752,565 2,752,565.00 Housing Loans & Trust (FC 78)16,121,000 - 16,121,000.00 Debt Service Fund (FC 81)31,850,423 26,165,000.00 58,015,423.00 CIP Fund (FC 83, 84 & 86)29,503,216 (150,753.00) 23,400,000.00 52,752,463.00 Governmental Immunity (FC 85)2,933,913 24,843.00 2,958,756.00 Risk Fund (FC 87)52,939,489 19,705.00 212,897.00 53,172,091.00 Total of Budget Amendment Items 1,755,009,505 7,688,537.76 2,559,683.00 2,000,000.00 72,619,884.48 - 1,839,877,610.24 Budget Manager Analyst, City Council Contingent Appropriation 7 Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 1 Section A: New Items A-1: Risk Excess Liability and Cyber Insurance Costs Risk $212,897.00 GF $128,888.00 Water $18,118.00 Sewer $7,941.00 Storm Water $2,278.00 Airport $39,790.00 Refuse $4,109.00 Golf $2,257.00 Fleet $2,938.00 IMS $4,492.00 Department: Attorney - Risk Prepared By: Tamra Turpin For Questions Please Include: Tamra Turpin, Sandee Moore, Katherine Lewis, Aaron Bentley (1) The cost of excess liability insurance increased significantly for FY22 – more than a 65% increase in premium cost over the previous policy period. The bulk of this is driven by recent claim development. Last year’s premium was $267,278. The renewal premium cost is $443,112.54. We had projected a 15% increase and the actual cost is more than we could cover with our allocated budget. The City’s insurance brokers were able to arrange for us to pay the premium in two installments with the second half ($221,556.27) being due by 1/1/2022 to give us time to request a budget amendment. (2) The cost of cyber liability insurance also increased significantly for FY22 -- 320%. Last year’s premium was $45,490. The renewal premium cost is $190,887.60. Although we had projected an increase, the actual cost is far more than we could have anticipated. There are a number of reasons for this; particularly the fact that public agencies are becoming frequent targets, and the number and cost of claim payouts have increased exponentially. After conferring with the City's Chief Information Officer and City Attorney, it was agreed that allowing the City's cyber coverage to lapse would be too risky. The City’s insurance brokers were able to arrange a 45-day extension and then a 90-day premium payment deferral in order to get a budget amendment in place. The cost will be allocated to all funds as shown in the amendment. A-2: Department of Air Quality Lawnmower Exchange GF $250,000.00 Department: Sustainability Prepared By: Gregg Evans For Questions Please Include: Debbie Lyons, Sophia Nicholas, Gregg Evans The Utah Department of Air Quality (UDAQ) administers an annual gas-powered lawnmower and yard equipment exchange in order to reduce criteria pollutants in the areas of the Wasatch Front that are in non-attainment with the Clean Air Act air quality standards. Because the Wasatch Front is on track for attainment of wintertime PM2.5, UDAQ is not running a snowblower exchange this year. Instead, they are focusing on programs to reduce summertime ozone pollution, for which the Wasatch Front is out of attainment . UDAQ has $900,000 set aside to continue the exchanges for the foreseeable future. The size of the lawnmower exchange varies each year depending on the size of financial contributions from partners. Typically, UDAQ contributes between $300,000 and $400,000 per exchange. Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 2 The Sustainability Department is proposing a budget amendment of $250,000 General Funds to partner with UDAQ in FY22 on a gas-powered lawnmower exchange. This would facilitate exchanges for approximately 1,000 Salt Lake City residents Salt Lake City participated in 2021, spending nearly $161,000 which helped 582 residents participate. In total, 509 gas - powered mowers were exchanged (the remaining participants bought new mowers without exchanging an old one). This is the equivalent of removing 4.02 tons of pollution from the airshed each year. A majority of residents also opted to participate in our Call 2 Haul program to have their gas mower picked up curbside and recycled by Salt Lake City Waste and Recycling. The Administration proposes continuing this program in FY 22 (spring 2022). The goal will be to increase participation from 582 to 1,000 with a continued focus on our Westside neighborhoods. The Administration anticipates greater awareness and uptake of the program in the comin g year due to increased familiarity with the program, and plans to work with UDAQ on earlier, targeted outreach given the lessons learned from spring 2021. UDAQ anticipates the program logistics will change in FY 22 to facilitate easier participation and lower administrative burden. In particular, they are hoping to develop a phone app that participants will use to sign up and upload any required receipts. UDAQ is also envisioning the next program will offer a promotional discount code to be used towar d the purchase of electric lawn equipment and an app would also help separate Salt Lake City residents from other participating Wasatch Front residents. This will reduce confusion as to who is eligible for curbside pickup of their old mowers. We also hope the app will help us keep the exchange open for longer for Salt Lake City residents instead of opening, closing it, and opening i t again while UDAQ verifies addresses. While the exact amount of the discounts have yet to be determined, the Sustainability D epartment proposes using $250,000 in City General Funds to facilitate approximately 1,000 gas-powered mower exchanges. This budget amendment would also fund temporary staffing expenses to assist with running curbside collection of old mowers through Call 2 Haul. This benefit was very popular last year and helped make this program more equitable to those who might not have the ability to haul their own mower to a metal recycler. A-3: COVID Safe Building Improvements GF $844,000.00 IMS $131,000.00 Department: Public Services Prepared By: Dawn Valente For Questions Please Include: Lorna Vogt, Dawn Valente At the beginning of the year, and in anticipation of the reopening of the City and County Building, the Public Services Department identified a series of critical improvements to minimize the spread of diseases such as COVID -19. Following recommendations from hired consultants (see attached COVID annex) as well as health officials, changes include a multi - level approach to keeping building occupants safe, from controlled access through a check-in desk and appointment management software, to improved indoor air quality. The Department has been informed previously that the following list of items are likely eligible to be covered under ARPA: * Needlepoint Devices. When installed in the air handling system of a building, indoor air quality improves reducing airborne contaminants $250,000 (CCB) * Open and Public Meeting Rooms: Redesign public meeting rooms for spacing and cleaning considerations. This i ncludes replacing chairs for disinfecting purposes. $60,000 * Lobby Appointment management software to be installed at the entrance to the building, allowing for IDing and occupancy control. $5,000 * Entrance furniture. Desk and chairs to be installed at the entrance to the building, creating a check-in area $6,000 * Noticing Board outside of the City & County and Plaza 349 Buildings: Due to State noticing adjustments and the building access being limited, public notices are not addressing the community in the various accessible options (walking public, visitors to the building, etc.). Hybrid meetings and other noticing requirements are required to be completed and are currently being posted on the doors that are frequently accessed. $10,000 * Staffing Entrance. Customer service-oriented staff, under seasonal status, to welcome and direct visitors to the building. $17,000 Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 3 * Enhanced Janitorial. Adjusting the cleaning schedule of all areas of the building from 3 to 5 days a week. (9 months) $165,000 * Cubicle Pieces. To accommodate office reconfigurations. $100,000 * COVID Supplies/PPE. These supplies are being made available throughout buildings, including facemasks, hand sanitizer and disposable gloves. $100,000 * Teleconference and Recording Meeting Equipment. Required to accommodate virtual and hybrid public meetings, and training/orientation including those for Mayor's Board & Commissions, and City Council. $131,000 $844,000 TOTAL A-4: Pulled Prior to Submission A-5: Community Health Access Team Vehicles GF $150,000.00 Fleet $150,000.00 Department: Fire/Public Services Prepared By: John Vuyk For Questions Please Include: Karl Lieb, Chris Milne, Clint Rasmussen, Lorna Vogt, Nancy Bean, Dawn Valente Community Health Access Team, CHAT (formerly known as the Community Healthcare Paramedic Team) was initially established in 2013, comprised of one SLCFD paramedic. It quickly grew to include a SLCFD Captain and then another paramedic. The two Paramedics responded as a team to patients that were identified by fire EMS crews as: (1) not meeting the criteria for emergency service, or (2) not benefitting from the scope of training provided to fire department Paramedics and EMTs. The CHAT initiative proposes adding two (2) social workers to increase the team’s scope and the ability of the team to address the overall needs of their patients particularly pertaining to the challenges of mental health and homelessness. Currently, the Community Heath team operates with one vehicle. The addition of two social workers will create the need for two vehicles as two teams will be operating simultaneously. This budget amendment will allow the fire department to replace the current vehicle, a larger inefficient Chevy Tahoe with a fuel-efficient hybrid Ford Explorer. Additionally, a second vehicle of the same kind will be purchased for the additional team. The third purchased fuel -efficient hybrid Ford Explorer will replace an additional Chevy Tahoe in the Medical Division which will be used to support the CHAT initiative immediately and provide for the anticipated rapid expansion of the CHAT program. The three hybrid Ford Explorers will need to be outfitted with graphics, radios, tablets, etc. The $50,000 cost pe r vehicle is the fully loaded cost. Cost of Vehicle 42,500 127,500 Make ready 2,500 7,500 GPS 316 948 Fuel 2,950 8,850 Maintenance 1,734 5,202 TOTAL 50,000 150,000 A-6: Non-Represented Employees' Job Salary Survey GF $75,000.00 Department: Human Resources Prepared By: David Salazar For Questions Please Include: Debra Alexander, David Salazar, John Vuyk This request is intended for consultative services to be provided by a qualified third -party consultant or firm to conduct a compensation survey to assess, evaluate and compare the overall pay structure, including actual base pay and other job elements, of SLC’s non-represented employees to other public and private sector entities with whom the city competes for talent. The recommended survey project includes data collection, analysis, and the development and presentation of a report with recommendations for the City’s Department of Human Resources, Citizens Compensation Advisory Committee (CCAC), and elected officials to consider. The survey will be conducted with a primary focus on cash compensation and rely Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 4 on the same caliber and methodology as surveys previously completed for the City's public safety and AFSCME-covered employee groups (as completed by Mercer in early 2019 and 2020, respectively). A-7: Sugar House SAA GF $60,000.00 Department: Economic Development Prepared By: Ben Kolendar For Questions Please Include: Ben Kolendar The City received a request from the Sugar House Community Council regarding the creation of an economic promotion special assessment area (SAA) for the Sugar House for roughly west/east boundaries of 700 East to 1300 East and north/south of Hollywood Avenue (possibly extending north on 1100 East to Ramona Avenue to include supporters in that area) to I-80. The Department of Economic Development would run the Initial phases of the assessment and present considerations to Council prior to formal action. The funding request will provide consulting services for shape files, tax revenue estimates. The funding will also provide bond counsel for the language in the draft notice of Intent to designate. A-8: Sorenson Impact Center Social Investment GF $150,000.00 Department: Economic Development Prepared By: Ben Kolendar For Questions Please Include: Ben Kolendar The Administration would like to request $150,000 for the completion of Phase II of the Sorenson Social Impact investment project. A-9: Pulled Prior to Submission A-10: Community Health Access Team (CHAT) Personnel Transfer GF $0.00 Department: Fire Development Prepared By: Clint Rasmussen For Questions Please Include: Karl Lieb, Clint Rasmussen CHAT (formerly known as the Community Healthcare Paramedic Team) was initially established in 2013, comprised of one SLCFD paramedic. It quickly grew to include a SLCFD Captain and then another paramedic. The two Paramedics responded as a team to patients that were identified by fire EMS crews as: (1) not meeting the criteria for emergency service, or (2) not benefitting from the scope of training provided to fire department Paramedics and EMTs. The CHAT initiative proposes transferring two (2) social workers and one (1) case manager (LCSW) from the Police Department to increase the team’s scope and the ability of the team to address the overall needs of their patients particularly pertaining to the challenges of mental health and homelessness. This amendment would transfer three (3) PCNs from the Police Department to the Fire Department and adjust the staffing document. The funding for these positions remains in Non-Departmental. A-11: Rose Park Golf Course Water & Energy Efficiency Grant (Matching Funds) Golf $1,800,000.00 Department: Public Lands Prepared By: Bryce Lindeman Dawn Valente For Questions Please Include: Kristen Riker, Bryce Lindeman, Dawn Valente, Laura Briefer The Administration is recommending recognizing $1.8 million in Golf revenue as matching funds for a potential grant. The grant funds and cash match will be used for the installation of water conservation landscape irrigation measures for the Rose Park Golf Course. The existing simple grid irrigation system will be replaced with a head-to-head system with high efficiency nozzles that enable watering to match turf type. Turf removal will reduce square footage of high -water fairway grass types and increase square footage of out of bounds rough areas re -seeded with low water grass types. The project is a shared priority for the City's Department of Public Utilities and Department of Public Lands. Department of Public Utilities is the project lead for the grant application. Any additional match committed at the time of application Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 5 that is over and above $1.8 million requested in this budget amendment will be in the form of the cash value of the dedication of effort by existing full-time position(s) in the Department of Public Utilities and/or Department of Public Lands to the project. A-12: ARPA Funding -Public Safety and Homelessness Outreach - Salary Restoration - Public Lands Park Ranger program (see Item C-1, E-3 & E-4) GF $1,064,368.00 GF $443,676.00 Fleet $195,720.00 Department: Mayor’s Office & Public Lands Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson, Kristen Riker, John Vuyk Over the past few years, Public Lands has experienced a dramatic increase of individuals experiencing homelessness using the parks for overnight camping. This vulnerable population also attracts an increase in people who prey upon them and impact other park users with drug use, drug sales, and other crime. Public Lands employees have found themselves in the middle of this extremely complex community crisis, without training or resources to work in this new environment. Public Lands relies on the SLCPD to enforce camping and anti-loitering ordinances, to assist in clearing areas so staff can complete their duties, and to respond to calls for public safety in parks. However, SLCPD has city-wide responsibilities and is not always available for non-urgent park safety needs. SLC Public Lands is proposing a Park Ranger program to maximize public safety, protect park resources, and to provide services and information to park visitors. Park rangers may serve as law enforcement officers, environmental experts, interpreter of cultural and historical points of interest or a combination of the three. This proposal is intended to meet the following program success indicators:  Making people feel welcome and safe in our parks  Deterring inappropriate activity  Gaining voluntary compliance of park codes and rules  Reducing the number of annual vandalism incidents  Reducing annual costs to repair/replace damaged landscape & infrastructure The Mayor is proposing to allocate $5.1 million toward a Public Lands Park Ranger program. Funding for the program will be partially supported through the use of eligible salary restoration dollars. The program will help ensure park safety, including homeless outreach in the parks. The Program will include the addition of nineteen employees in the Public Lands Department. The positions are two Park Ranger Sergeants, sixteen Park Ranger Officers and one support person. The projected annual cost for personnel including uniforms, training and operational costs is $2,350,983. The amendment proposes to add these positions on January 1 at a cost of $1,175,491 for the current fiscal year. The proposed funding will also support one-time costs to implement the program of $401,800, including the purchase of three trucks and two light response vehicles. Funding for personnel and ongoing costs will be transferred to the General Fund while funding for the vehicles will be transferred to Fleet. This funding will be established through a capture of funding for salary restoration from the current fiscal year. A-13: ARPA Funding – Housing & Homelessness - Salary Restoration – CCP Rapid Intervention Team – (See Item C-2 & E-5) GF $164,750.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson and John Vuyk Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 6 In September 2020, Mayor Mendenhall launched the Community Commitment Program through the Homeless Engagement and Response Team. The CCP prioritizes outreach to indi viduals experiencing homelessness while also emphasizing the need to keep public spaces safe, clean, and accessible to all. The first phase of the CCP was a 12 -week enhanced neighborhood cleaning program based on neighborhood hot spots reported in CitySour ced via the SLC Mobile app. The second phase, which has transitioned into an ongoing partnership with Salt Lake County and over a dozen service providers, focused on intensive encampment outreach of varying lengths of time depending on the size and other characteristics of camps. After approximately 9 months of this second phase, the City and our partners have been in a maintenance stage, during which the City has fewer large encampments but is still attempting to handle the nearly 6,000 CitySourced reports over this past year. This figure is triple the number of complaints reported in the app in years past. To more effectively and rapidly address these complaints from residents and businesses, the Mayor is proposing the creation of a Rapid Intervention Team coordinated through HEART. The HEART coordinator (via a position that was funded by the Council in the FY23 budget) will ensure that complaints are responded to with the appropriate level of outreach through the SLCPD’s CCC or VOA, SLCPD officers to standby if necessary, as well as a City cleaning team working with Advantage Services. By having a dedicated team to respond, Public Services and Waste & Recycling employees will not be pulled away from their regular duties, as they are currently when the Cou nty Health Department requires camp abatement support. The Public Services and Waste and Recycling employees will also be available to respond to illegal dumping complaints throughout the City. The program will add three FTE’s for the Rapid Intervention Team. These employees will be covered in part the first year. This funding will be established through a capture of funding for salary restoration from the current fiscal year. Section B: Grants for Existing Staff Resources Section C: Grants for New Staff Resources C-1: ARPA Funding – Public Safety and Homeless Outreach – Public Lands Park Ranger program (See Item A-12, E-3 & E-4) Misc Grants $1,064,368.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson, John Vuyk Over the past few years, Public Lands has experienced a dramatic increase of individuals experiencing homelessness using the parks for overnight camping. This vulnerable population also attracts an increas e in people who prey upon them and impact other park users with drug use, drug sales, and other crime. Public Lands employees have found themselves in the middle of this extremely complex community crisis, without training or resources to work in this new environment. Public Lands relies on the SLCPD to enforce camping and anti-loitering ordinances, to assist in clearing areas so staff can complete their duties, and to respond to calls for public safety in parks. However, SLCPD has city -wide responsibilities and is not always available for non-urgent park safety needs. SLC Public Lands is proposing a Park Ranger program to maximize public safety, protect park resources, and to provide services and information to park visitors. Park rangers may serve as law enforcement officers, environmental experts, interpreter of cultural and historical points of interest or a combination of the three. This proposal is intended to meet th e following program success indicators:  Making people feel welcome and safe in our parks  Deterring inappropriate activity  Gaining voluntary compliance of park codes and rules  Reducing the number of annual vandalism incidents  Reducing annual costs to repair/replace damaged landscape & infrastructure • Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 7 The Mayor is proposing to allocate $5.1 million toward a Public Lands Park Ranger program. Funding for the program will be partially supported through the use of eligible salary restoration dollars. The program will help ensure park safety, including homeless outreach in the parks. The Program will include the addition of nineteen employees in the Public Lands Department. The positions are two Park Ranger Sergeants, sixteen Park Ranger Officers and one support person. The projected annual cost for personnel including uniforms, training and operational costs is $2,350,983. The amen dment proposes to add these positions on January 1 at a cost of $1,175,491 for the current fiscal year. The proposed funding will also support one-time costs to implement the program of $401,800, including the purchase of three trucks and one light response vehicle. Funding for personnel and ongoing costs will be transferred to the General Fund while funding for the vehicles will be transferred to Fleet. This funding will be established through a capture of funding for salary restoration from the current and future fiscal years. C-2: ARPA Funding – Housing & Homelessness– CCP Rapid Intervention Team (See Item A-13 & E-5) Misc Grants $164,750.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson, John Vuyk In September 2020, Mayor Mendenhall launched the Community Commitment Program through the Homeless Engagement and Response Team. The CCP prioritizes outreach to individuals experiencing homelessness while also emphasizing the need to keep public spaces saf e, clean, and accessible to all. The first phase of the CCP was a 12-week enhanced neighborhood cleaning program based on neighborhood hot spots reported in CitySourced via the SLC Mobile app. The second phase, which has transitioned into an ongoing partne rship with Salt Lake County and over a dozen service providers, focused on intensive encampment outreach of varying lengths of time depending on the size and other characteristics of camps. After approximately 9 months of this second phase, the City and ou r partners have been in a maintenance stage, during which the City has fewer large encampments but is still attempting to handle the nearly 6,000 CitySourced reports over this past year. This figure is triple the number of complaints reported in the app in years past. To more effectively and rapidly address these complaints from residents and businesses, the Mayor is proposing the creation of a Rapid Intervention Team coordinated through HEART. The HEART coordinator (via a position that was funded by the Council in the FY23 budget) will ensure that complaints are responded to with the appropriate level of outreach through the SLCPD’s CCC or VOA, SLCPD officers to standby if necessary, as well as a City cleaning team working with Advantage Services. By having a dedicated team to respond, Public Services and Waste & Recycling employees will not be pulled away from their regular duties, as they are currently when the County Health Department requires camp abatement support. The Public Services and Waste and Recycling employees will also be available to respond to illegal dumping complaints throughout the City. The program will add three FTE’s for the Rapid Intervention Team. These employees will be covered in part the first year. Section D: Housekeeping D-1: Economic Development Loan Fund Move Housing -$100,000.00 Housing $100,000.00 GF $100,000.00 Department: Economic Development Prepared By: Jolynn Walz / Randy Hillier For Questions Please Include: Ben Kolendar, Loreno Riffo Jensen, Jolynn Walz, Randy Hillier Under Budget Amendment #7 of FY 2021, $100,000 was appropriated to the Economic Development Loan Fund (EDLF) within the Housing Fund (FC78) to provide funding for outdoor dining activities and events in the form of forgivable lo ans. The purpose of these loans is to assist restaurants and bars recover from the financial effects of the pandemic by offering funding to expand outdoor dining. Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 8 After further examination of the EDLF guidelines, DED was unable to provide forgivable loans . DED has determined that a traditional grant program is the best way to distribute these funds to businesses and is proposing the $100,000 be moved to a separate account, allowing DED to administer the grant program. D-2: Increase Grant Fund Misc Grants $0.00 Department: Finance Prepared By: John Vuyk For Questions Please Include: Mary Beth Thompson, John Vuyk The annual budget proposed funding from the American Recovery Plan Act (ARPA) for revenue replacement. During budget adoption, the expense was adjusted based on updated grant guidelines. This increased the expense side of the grant fund, but recognition of the revenue was not included. This request adjusts the revenue side to recognize the revenue side of the transaction in the Grant Fund. This proposal will bring the Fund into balance in accordance with Generally Accepted Accounting Principles. D-3: Premium Holiday – Other Funds Refuse $0.00 Golf $0.00 Fleet $0.00 IMS $0.00 Department: Finance Prepared By: John Vuyk For Questions Please Include: Mary Beth Thompson, John Vuyk The Premium Holiday was submitted with the budget with the transfer from the Insurance Fund, but the transfer into other funds was not included. This amendment is to balance the inter-fund transfers. D-4: GPS Housekeeping GF -$74,600.00 GF $74,600.00 Fleet $74,600.00 Department: Public Services Prepared By: Dawn Valente For Questions Please Include: Mary Beth Thompson, John Vuyk, Dawn Valente For FY22 there is an accounting change to put the GPS fees for vehicles in the Fleet budget. We missed the piece to move the current budgets over to Fleet. Public Services has a budget of $39,203; Public Lands has a budget of $26,797; and CAN has a budget $8,600 that we need to move to Fleet. D-5: Signage FTE Correction GF $51,847.00 Department: Public Services Prepared By: Dawn Valente For Questions Please Include: Lorna Vogt, Dawn Valente, John Vuyk In the Mayor's Recommended Budget, an FTE for Signage for the Planning & Ecological Services Division was initially approved, but later reduced . However, the funding was again inadvertently reduced at the Council level, thus doubling the reduction. This housekeeping request is to replace the funding that was inadvertently cut from the Signage budget. Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 9 D-6: General Obligation Series 2021A Bonds CIP $23,400,000.00 Debt Service $200,000.00 Department: Finance Prepared By: Brandon Bagley / Marina Scott For Questions Please Include: Brandon Bagley, Marina Scott, Mary Beth Thompson, John Vuyk In November 2018, voters authorized the issuance of up to $87 million in general obligation bonds to fund street construction. The General Obligation Bonds, Series 2021A will be issued in November 2021 as the third issuance of the authorization. This amendment creates the revenue budget for the receipt of bond proceeds and the expenditure budget to pay for construction of the street projects associated with the bonds. It also creates expenditure budget to pay the costs of issuance for the bonds. Bond proceeds will be allocated to five project cost centers in Fund 83 and one cost center in Fund 81 for the costs of issuance associated with the bond. Two cost centers will receive $6,000,000 each for the 200 South Phase 1 & 2 (400 W to 900 E) projects. A third cost center will receive $6,800,000 for the 1100 East (900 S to Warnock Ave) project. The fourth cost center will receive $1,600,000 for the 300 North (300 W to 1000 W) project. The fifth cost ce nter will receive $3,000,000 for local streets. The proceeds to pay the costs of issuance associated with the bonds will be deposited to the debt service cost center in Fund 81. D-7: Sales Tax Refunding Revenue Bonds, Series 2021A Debt Service $10,665,000.00 Debt Service $10,400,000.00 Debt Service $4,900,000.00 Department: Finance Prepared By: Brandon Bagley / Marina Scott For Questions Please Include: Brandon Bagley, Marina Scott, Mary Beth Thompson, John Vuyk Sales and Excise Tax Revenue Bonds, Series 2012A, were issued in June 2012 for the purpose of replacing the North Temple Viaduct and improving North Temple Boulevard. Sales and Excise Tax Revenue Bonds, Series 2013B, were issued in November 2013 for the purpose of financing a portion of the costs of the Sugarhouse Streetcar and paying for the portion of various improvements to create a "greenway" within the corridor. The Series 2012A and 2013B bonds are being refunded with the Sales Tax Refunding Revenu e Bonds, Series 2021A. This budget amendment will create the revenue budget for the receipt of bond proceeds and the expenditure budget to pay off the old bonds and to pay the costs of issuance for the bonds. Two Local Building Authority bonds will also b e refunded by the Series 2021A bonds. This budget amendment creates the budget for the transfer to the LBA to pay those off. A separate budget amendment for the LBA is being submitted to create budget for the payoff of those bonds. D-8: Budget Carry Forward GF $1,175,000.00 Department: Finance Prepared By: John Vuyk For Questions Please Include: Mary Beth Thompson, John Vuyk, Teresa Beckstrand In the General Fund there were a number of budgets that did not have encumbrances at the close of fiscal year 2021 the Administration would request Council approval to roll budget for the projects into fiscal year 2022. The budgets requested are listed below: CC CC Name OC OC Description Amount 0900503 Demographer Contract 2329 Other Professional & Tech Serv $50,000.00 0900925 Financial Risk Assessment 2329 Other Professional & Tech Serv $100,000.00 0900930 Gentrification Mitigation Study 2329 Other Professional & Tech Serv $100,000.00 0900705 Washington DC Contract 2324 Special Consultant $75,000.00 0900513 NW Northpoint Plan Airport 2329 Other Professional & Tech Serv $50,000.00 0900508 Home to Transit Program 2590 Other Expenses $800,000.00 TOTAL $1,175,000.00 Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 10 Section E: Grants Requiring No New Staff Resources E-1: ARPA Funding – Water and Sewer Infrastructure Projects Misc Grants $2,000,000.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Laura Briefer, Mary Beth Thompson, John Vuyk The Mayor proposes to set aside $2 million for required matching funding as we prepare to apply for State funds for water and sewer infrastructure projects. E-2: ARPA Funding – Housing & Homelessness –Winter Shelter Support Misc Grants $1,000,000.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson, John Vuyk Mayor Mendenhall is proposing that the Council set aside approximately $1 million of the City’s Rescue Plan allocation for emergency shelter needs. Such funds could be used to assist the shelter operator with operations costs or go toward other expenses such as public safety or neighborhood mitigation. E-3: ARPA Funding – Public Safety and Homeless Outreach – Salary Restoration - Public Lands Park Ranger program (See Item A-12, C-1 & E-4) Misc Grants $443,677.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson, John Vuyk Over the past few years, Public Lands has experienced a dramatic increase of individuals experiencing homelessness using the parks for overnight camping. This vulnerable population also attracts an increase in people who prey upon them and impact other park users with drug use, drug sales, and other crime. Public Lands employees have found themselves in the middle of this extremely complex community crisis, without training or resources to work in this new environment. Public Lands relies on the SLCPD to enforce camping and anti-loitering ordinances, to assist in clearing areas so staff can complete their duties, and to respond to calls for public safety in parks. However, SLCPD has city -wide responsibilities and is not always available for non-urgent park safety needs. SLC Public Lands is proposing a Park Ranger program to maximize public safety, protect park resources, and to provide services and information to park visitors. Park rangers may serve as law enforcement officers, environmental experts, interpreter of cultural and historical points of interest or a combination of the three. This proposal is intended to meet t he following program success indicators:  Making people feel welcome and safe in our parks  Deterring inappropriate activity  Gaining voluntary compliance of park codes and rules  Reducing the number of annual vandalism incidents  Reducing annual costs to repair/replace damaged landscape & infrastructure The Mayor is proposing to allocate $5.1 million toward a Public Lands Park Ranger program. Funding for the program will be partially supported through the use of eligible salary restoration dollars. The program will help ensure park safety, including homeless outreach in the parks. The Program will include the addition of nineteen employees in the Public Lands Department. The positions are two Park Ranger Sergeants, sixteen Park Ranger Officers and one support person. The projected annual cost for personnel including Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 11 uniforms, training and operational costs is $2,350,983. The amendment proposes to add these positions on January 1 at a cost of $1,175,491 for the current fiscal year. The proposed funding will also support one-time costs to implement the program of $401,800, including the purchase of three trucks and one light response vehicle. Funding for personnel and ongoing costs will be transferred to the General Fund while funding for the vehicles will be transferred to Fleet. This funding will be established through a capture of funding for salary restoration from the curren t fiscal year. E-4: ARPA Funding – Public Safety and Homeless Outreach – Public Lands Park Rangers (See Item A12, C-1 & E3) Misc Grants $69,244.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson, John Vuyk Over the past few years, Public Lands has experienced a dramatic increase of individuals experiencing homelessness using the parks for overnight camping. This vulnerable population also attracts an increase in people who prey upon them and impact other park users with drug use, drug sales, and other crime. Public Lands employees have found themselves in the middle of this extremely complex community crisis, without training or resources to work in this new environment. Public Lands relies on the SLCPD to enforce camping and anti-loitering ordinances, to assist in clearing areas so staff can complete their duties, and to respond to calls for public safety in parks. However, SLCPD has city -wide responsibilities and is not always available for non-urgent park safety needs. SLC Public Lands is proposing a Park Ranger program to maximize public safety, protect park resources, and to provide services and information to park visitors. Park rangers may serve as law enforcement officers, environmental experts, interpreter of cultural and historical points of interest or a combination of the three. This proposal is intended to meet t he following program success indicators:  Making people feel welcome and safe in our parks  Deterring inappropriate activity  Gaining voluntary compliance of park codes and rules  Reducing the number of annual vandalism incidents  Reducing annual costs to repair/replace damaged landscape & infrastructure The Mayor is proposing to allocate $5.1 million toward a Public Lands Park Ranger program. Funding for the program will be partially supported through the use of eligible salary restoration dollars. The program will help ensure park safety, including homeless outreach in the parks. The Program will include the addition of nineteen empl oyees in the Public Lands Department. The positions are two Park Ranger Sergeants, sixteen Park Ranger Officers and one support person. The projected annual cost for personnel including uniforms, training and operational costs is $2,350,983. The amendment proposes to add these positions on January 1 at a cost of $1,175,491 for the current fiscal year. The proposed funding will also support one-time costs to implement the program of $401,800, including the purchase of three trucks and one light response vehicle. Funding for personnel and ongoing costs will be transferred to the General Fund while funding for the vehicles will be transferred to Fleet. This funding will be a direct charge to the ARPA grant.. E-5: ARPA Funding – Housing & Homelessness – CCP Rapid Intervention Team (See Item A-13 & C-2) Misc Grants $160,500.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson, John Vuyk Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 12 In September 2020, Mayor Mendenhall launched the Community Commitment Program through the Homeless Engagement and Response Team. The CCP prioritizes outreach to individuals experiencing homelessness while also emphasizing the need to keep public spaces saf e, clean, and accessible to all. The first phase of the CCP was a 12-week enhanced neighborhood cleaning program based on neighborhood hot spots reported in CitySourced via the SLC Mobile app. The second phase, which has transitioned into an ongoing partne rship with Salt Lake County and over a dozen service providers, focused on intensive encampment outreach of varying lengths of time depending on the size and other characteristics of camps. After approximately 9 months of this second phase, the City and ou r partners have been in a maintenance stage, during which the City has fewer large encampments but is still attempting to handle the nearly 6,000 CitySourced reports over this past year. This figure is triple the number of complaints reported in the app in years past. To more effectively and rapidly address these complaints from residents and businesses, the Mayor is proposing the creation of a Rapid Intervention Team coordinated through HEART. The HEART coordinator (via a position that was funded by the Council in the FY23 budget) will ensure that complaints are responded to with the appropriate level of outreach through the SLCPD’s CCC or VOA, SLCPD officers to standby if necessary, as well as a City cleaning team working with Advantage Services. By having a dedicated team to respond, Public Services and Waste & Recycling employees will not be pulled away from their regular duties, as they are currently when the County Health Department requires camp abatement support. The Public Services and Waste and Recycling employees will also be available to respond to illegal dumping complaints throughout the City. The program will add three FTE’s for the Rapid Intervention Team. These employees will be covered in part the first year. This funding will be established through a capture of funding for salary restoration from the current fiscal year. E-6: ARPA Funding – Housing & Homelessness – CCP Rapid Intervention Team (Police Support) Misc Grants $1,505,920.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson, John Vuyk The Administration is requesting $1,505,920 of funding, to provide funding for Clean Neighborhoods Teams for the Police Department to provide staffing to support the homeless encampment cleanup and camp re -establishment stabilization as requested by the Salt Lake County Health Department. Police of ficers working extra overtime shifts will provide security to ensure the cleanups can proceed in an environment that will be safe for all involved. Staffing numbers will vary depending on the size, number of cleanups and the location. Activity # days Officers # hours Rate Amount Requested Major Cleanups 14 40 10 $65 $364,000 Minor Cleanups* 122 24 6 $65 $1,141,920 And area stabilization Total Requested $1,505,920 *previously utilized on-duty resources that are no longer available E-7: Pulled Prior to Submission to allow for the completion of phase 2 of the Social Impact Investment In Budget Amendment 4, Mayor Mendenhall proposes to allocate $150,000 in General Fund money to complete Phase 2 of this study (Item A-9). Mayor Mendenhall further proposes that the City Council hold approximately $10 million of the City’s Rescue Plan appropriation until the completion of Phase 2, when the City and Sorenson Impact Center have fully completed a recommendation on the financial structure of the investment, including but not limited to the contributions of private investors and the long-term financial viability of these programs. Because Rescue Plan funds need not be spent until the end of 2024, Mayor respectfully requests that the Council leave a portion of the City’s funds un -allocated until the completion of Phase 2, which is anticipated to t ake 6-9 months, at which point the Administration and Council can make an informed decision on seed funding for this initiative. During this time, the Administration will also be working with Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 13 potential investment partners with the ultimate goal of funding a $100 million social impact project on the two interventions Sorenson has identified as the most impactful to the long -term economic health of City residents. E-8: ARPA Funding – CCP HEART Rapid Intervention Team Misc Grants $57,000.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Mary Beth Thompson, John Vuyk, Michelle Hoon To more effectively and rapidly address these complaints from residents and businesses, the Mayor is proposing the creation of a Rapid Intervention Team coordinated through HEART. The HEART coordinator (via a position that was funded by the Council in the FY23 budget) will ensure that complaints are responded to with the appropriate level of outreach through the SLCPD’s CCC or VOA, SLCPD officers to standby if necessary, as well as a City cleaning team working with Advantage Services. By having a dedicated team to respond, Public Services and Waste & Recycling employees will not be pulled away from their regular duties, as they are currently when the County Health Department requires camp abatement support. The Public Services and Waste and Recycling employees will also be available to respond to illegal dumping complaints throughout the City. Work will be coordinated with Advantage Services. The program will be monitored for the first six months to evaluate the effectiveness of the service. E-9: ARPA Funding – Westside Community Initiative Misc Grants $4,000,000.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Ben Kolendar, Danny Walz, Mary Beth Thompson, John Vuyk As a function of utilizing the tax differential collected by the Inland Port Authority and allocated to the RDA for affordabl e housing, the RDA Board has endorsed the creation of an Urban Land Fund in order to develop and secure perpetual housing affordability on the City’s west side. Under the direction of the RDA, the fund would look to maximize opportunities for affordability in both rental housing and home ownership as well as limited commercial uses within mixed use developments. RDA staff is currently working on potential options for the structure of the land fund. This process includes the evaluation of opportunities for community wealth building and cooperative housing models within a perpetual housing fund. The allocation of this funding source is intended to offset the impacts on the west side from the Inland Port development. The opportunity of this program is to strengthen the commun ity by providing a mechanism to help reverse the historical impacts of disinvestment and inequality on the residents in this area of the City. Mayor Mendenhall proposes the allocation of $4 million in seed funds for implementing the policy proposals that emerge from the current study, including the following goals:  Develop Land with a Long-Term Approach to Continuously Serve a Community-Defined Purpose WCI will take a long-term approach to land development and community building so that the RDA may retain the fee ownership to and a reversionary interest in the property. By ground leasing to development partners, the RDA will provide an opportunity to receive revenue generation to serve other public benefits.  Create Opportunities for Revenue Generation while Balancing the Implementation of Public Benefits WCI will strive to balance the development of property with the incorporation of public benefits. Benefits such as affordable housing and below-market commercial space which generate limited or no cash flow would potentially be subsidized with land uses that generate positive cash flow. Revenue generated by projects and received by the RDA will then be reinvested back into the WCI with the goal of furthering shared prosperity.  Assist the Westside in Mitigating Gentrification and Displacement WCI will acquire land with the goal of holding it for the community in perpetuity, thereby removing land from the speculative market so that it serves low and moderate-income residents in perpetuity. Housing will remain affordable even as neighborhood change occurs and gentrification pressures mount, which protects families from displacement. Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 14  Give Lower Income Households the Opportunity to Build Wealth Through Ownership WCI will create opportunities for families to buy homes at affordable prices by focusing on a shared-equity model. A shared equity model offers an alternative form of ownership that provides benefits traditional markets cannot, such as long-term housing affordability and the ability for low and moderate -income families to build equity. When families decide to sell, they will receive their portion of the appreciation but the RDA remains as the land owner and is in the position to continue to sell the home at a below-market price, making it affordable to another family of limited means. Keeping the home affordable, from family to family, will benefit future generations by acting as a steppingstone for low-income families to go from renting to building wealth.  Engage Community Members in Development Decisions The RDA will involve the community in the planning and goals regarding long term land use and housing development. This can translate into residents actively involved in creating positive change within their communities and projects that reflect the value of its residents. The result will be projects that incorporate a shared mission and vision with the community.  Leverage Resources for Other Neighborhood Development Purposes Revenues acquired through ground leases or partnerships could contribute to othe r purposes, including subsidizing deeply affordable housing, below-market commercial space, infrastructure, public art, etc.  Collaborate with Other Partners to Broaden the Pool of Funding and Expertise The RDA would actively work to acquire outside funding sources and professional resources by bringing together financial institutions, the private sector, nonprofits, public officials, other government agencies, researchers, and practitioners to collaborate on community and economic development activities.  Carry Out Efforts with a “Collective Impact” Approach The RDA will continuously evaluate how projects work together to address common goals through a “collective impact” approach that produces measurable results. These measurable results will be tracked and reported on to promote data-driven and outcome-based decisions. E-10: ARPA Funding – Community Grants Misc Grants $4,000,000.00 Department: Mayor’s Office Prepared By: John Vuyk For Questions Please Include: Rachel Otto, Lisa Shaffer, Ben Kolendar, Blake Thomas, Mary Beth Thompson, John Vuyk Community grants Mayor Mendenhall proposes an allocation of $ 4 million toward community grants. These grants will give community organizations and local businesses the opportunity to propose to the City what COVID -related problems they are trying to solve City staff and volunteers from relevant City boards and commissions would select grantees at the conclusion of an open solicitation process. The Administration proposes to split these grant funds into two categories, with half of the allocation going to Economic Development and half to Community and Neighborhoods. These departments will scope the challenge facing residents and businesses, and launch two solicitations seeking proposals on the COVID -related problem that the applicant desires to address under the following broad categories: o CAN grants -- Nonprofit support (to be further refined by CAN): This could include programs like retraining of displaced workers, nonprofit legal services for eviction assistance, expanded educational opportunities, resources to mitigate the digital divide, access to healthcare for underserved populations, mental health assistance, etc. o DED grants -- Business assistance (to be further refined by DED): This could include grants for businesses not included in other government programs during the pandemic, especially small and local businesses, and support for artist/artisan businesses. Section F: Donations Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 15 Section G: Consent Agenda Consent Agenda #2 G-1: Police Department Asset Forfeiture Grant Misc. Grants $1,500.00 Department: Police Department Prepared By: Jordan Smith / Melyn Osmond For Questions Please Include: Melyn Osmond, Jordan Smith, Shellie Dietrich The Salt Lake City Police Department applied for and received a $1,500 grant award from the State of Utah, Commission on Criminal and Juvenile Justice (CCJJ), under the State Asset For feiture Grant (SAFG) program. The SAFG program funds crime prevention and law enforcement activities within specific guidelines. CCJJ developed the SAFG program as a means of evaluating and distributing state forfeiture funds. The funds will be used for confidential informant funds to enhance investigations in narcotics-related cases. A public hearing was held 9/7/21 for this grant application. G-2: Utah Department of Health - Bureau of Emergency Medical Services (EMS)grant, FY22 Per Capita Allocation Misc. Grants $10,250.00 Department: Emergency Management Prepared By: Brittany Blair/ Melyn Osmond For Questions Please Include: Melyn Osmond, Clint Rasmussen, Brittany Blair The Fire Department applied for and was awarded $10,250 of grant funding from the Utah Department of Health, Bureau of Emergency Medical Services. This funding will be used towards the purchase of a 12 -Lead Cardiac Monitor and medical supplies relating to the provision of Emergency Medical Services as funding permits. A Public Hearing was held on 2/16/21 for the grant applications on this award. G-3: State of Utah, CCJJ (Commission on Criminal and Juvenile Justice), Jurisdictions with Halfway Houses and Parole Violator Centers Grant, Law Enforcement Services Account (LESA) Misc. Grants $295,571.00 Department: Police Department Prepared By: Jordan Smith / Melyn Osmond For Questions Please Include: Melyn Osmond, Clint Rasmussen, Brittany Blair The Police Department has applied for and been awarded a $295,570 grant from the State of Utah, Commission on Criminal and Juvenile Justice, in support of the Jurisdictions with Halfway Houses and Parole Violator Centers grant. This grant provides funding for law enforcement agencies that provide services directly to areas with halfwa y houses or parole violator centers, or both. The Police Department will use these funds for law enforcement overtime related to reducing criminal activity including targeted enforcement operations, increased patrol response, and responding to mental health calls for service. The Department will also utilize funds for case transcription services, six overt camera units and maintenance/repairs/supplies for units in the Department's camera program. A public hearing was held 9/7/21 for this grant application. G-4: Utah State Office for Victims of Crime, 2021-2023 VOCA Victims of Crime Act Grant Misc. Grants $364,162.48 Department: Police Department Prepared By: Wendy Isom/ Melyn Osmond For Questions Please Include: Melyn Osmond, Wendy Isom, Jordan Smith, Shellie Dietrich Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 16 The Police Department applied for and received a $364,162.48 grant from the State of Utah, Office for Victims of Crime under the Victims of Crime Act (VOCA) program, to be used for the continuation of the Victim Advocate Program. These funds will be used to pay for salary and fringe for 4 existing full-time Victim Advocate positions and all of the part-time Victim Advocate positions. This grant also covers the costs for Rita, the program's facility dog. Additionally, there are supplies for the program, emergency funds for assisting victims, and training for Advocate staff. No match is required by the funding agency. VOCA funds cover local and national conferences and trainings needed to meet statutory training requirements for the Victim Advocates. It also provides and emergency fund that can be used when no other victim funding options are available - these funds can be used for food, clothing, shelter, transportation and 911 phones for victims of violent crime. Additionally, it provides for supplies such as Victim Advocate brochures, Traumatic Death Handbooks, cell phone costs, etc. A $109,938.89 match is required which will be satisfied by the salary and benefits of City funded Victim Advocates and the Program Coordinator. In-kind matching funds are provided by the student interns/volunteers that participate in the Victim Advocate Program. A Public Hearing was held 9/7/21 on this grant application. G-5: Department of Workforce Services, Housing & Community Development Division, FY22 Homeless Shelter Cities Mitigation Grant Program Misc. Grants $370,735.00 Department: Community and Neighborhoods Prepared By: Michelle Hoon / Melyn Osmond For Questions Please Include: Melyn Osmond, Michelle Hoon, Brent Beck The Community and Neighborhoods Dept. applied for and received State Department of Workforce Services funding of $370,735 to continue efforts to encourage businesses, residents, Homeless Resource Center (HRC) operators and guests to participate in constructive community engagement opportunities and encourage service-based interventions in order to successfully integrate the HRCs into the fabric of their host neighborhoods and ensure the safety of those neighborhoods. The SLC Mitigation team currently consists of a SLC Community Engagement Coordinator, VOA Business and Community Liaison, and VOA Outreach Case Manager. This application requests to continue the current team and expand the team to include an additional VOA Business and Community Liaison, additional VOA Outreach Case Manager, and a VOA Outreach Peer Support Specialist, and three new positions as part of the City's existing Downtown Ambassador program - tailored to the areas surrounding the HRCs (King, Miller, and Youth). A Public Hearing will be scheduled for the application on this grant. G-6: Utah State Department of Public Safety - 2021 Emergency Management Performance Grant (EMPG) Misc. Grants $42,500.00 Department: Emergency Management Services Prepared By: Audrey Pierce / Melyn Osmond For Questions Please Include: Melyn Osmond, Audrey Pierce, Clint Rasmussen The Emergency Management Services Division received a $42,500 FY2021 EMPG grant from the State of Utah, Department of Public Safety. This grant is awarded on an annual basis to ju risdictions to help offset costs of planning and updating emergency preparedness plans, conduct emergency preparedness exercises and produce materials and other media for public educational outreach and training pertaining to emergency preparedness. SLC's population increases from 180,000 to an estimated 310,000 each workday. Should a disaster occur during the workday, employees become a part of the SLC emergency response, but are not trained to assist themselves or others. These funds will offset costs in providing National Incident Management System (NIMS) training to SLC staff with Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 17 emergency response responsibilities during a disaster or other significant event. The funds will be used to fund community preparedness activities, purchase training materials, supplies and equipment including books, brochures, handouts, etc. The grant requires a 50% match which will be satisfied with the Community Preparedness Coordinator's time and budgeted for within Emergency Managements general fund. A public hearing will be held for this grant application. G-7: Cities of Service, Johns Hopkins, Justice for the Jordan Grant, Love Your Block Misc. Grants $100,000.00 Department: Office of the Mayor Prepared By: Hailey Leek / Melyn Osmond For Questions Please Include: Melyn Osmond, Hailey Leek The office of the Mayor applied for and received $100,000 in grant funding for the Justice for the Jordan, Love your Block grant. The grant provides: 1. $60,000 to hire a Love your Block Fellow for 2 years. 2. $40,000 to distribute to the community as mini grants 3. The City is also required to engage 2 AmeriCorps VISTA volunteers, one each year of the grant. 4. The City also receives technical assistance from Cities of Service The Cities of Service Love Your Block program connects mayor’s offices with community residents to revitalize their neighborhoods one block at a time. Typically, cities implementing Love Your Block invite community groups to identify priority projects and award mini-grants to support volunteer-fueled solutions that the community can implement. The City identifies a problem and then engages with volunteers within the neighborhoods of focus and engages them early in the project design phase as well as implementation and evaluation. The City identified the neighborhoods adjacent to the Jordan River in Glendale (census tract 1026, 1027.01, & 1028.01) as the target area. A public hearing will be held for this grant application. G-8: Utah State Office for Victims of Crime, Violence Against Women Act, Domestic Violence Victim Advocate Misc. Grants $101,039.00 Department: Attorney’s Office Prepared By: Scott Fisher / Melyn Osmond For Questions Please Include: Melyn Osmond, Katherine Lewis, Scott Fisher The City Prosecutors office applied for and received a $101,039 grant from the State of Utah, Office for Victims of Crime under the Victims of Crime Act (VOCA) program, to be used for the Violence Against Women’s Act to fund Salt Lake City Prosecutor Domestic Violence Victim Advocate. The Prosecutor’s Office is requesting a Victim Advocate to assist and support victims of domestic violence as their cases move to the prosecution and adjudication phases. The services include information, education and advocacy through the case and prosecution, assistance with victim impact statements, support and accompaniment to court and meetings with investigators and prosecutors. The Victim Advocate assist in post release safety planning, preparation for court appearances, and jail release agreements. Until this year, Salt Lake County District Attorney Victim Services has provided this support for victims whose cases are adjudicate in Salt Lake City Justice Court. Funding cutbacks required the county to reassign the advocates to County prosecutions. Salt Lake City is applying for this new city position to fill the gap in services. The match is $12,630 each fiscal year, for a total of $25,260 for the two-year performance period of the grant. The match is met with cash available in the Office of the Attorney’s budget. A Public Hearing was held 6/15/21 on this grant application Salt Lake City FY 2021-22 Budget Amendment #4 Initiative Number/Name Fund Amount 18 Section I: Council Added Items FY2021 FY2022 FY2023 FY2024 TOTAL Taking Care of the City: Revenue Loss (Based on Calendar Year Calculations)11,432,646$ 34,372,399$ -$ 45,805,045$ 1 Salary: Bonus 1,193,000$ 1,193,000$ Salary: Police Retention and Recruitment 7,798,233$ 7,798,233$ Council Adopted ARP Allocation - Special Projects Assistant for Community Commitment Program (CAN)93,829$ 93,829$ - Youth & Family Community and Program Manager (from BA#2) (CAN)90,633$ 90,633$ - Youth & Family COVID Programming Continuation (CAN)711,350$ 711,350$ - Economic Development Strategic Plan (Economic Development)50,000$ 50,000$ - Economic Development Staff (Economic Development)290,000$ 290,000$ - Grant Administrator (Finance)101,020$ 101,020$ - Grant Manager (Finance)95,000$ 95,000$ - Apprenticeship Program (All Departments)1,000,000$ 1,000,000$ - MRT Expansion [6 Months] (Fire)136,762$ 136,762$ - MRT Expansion [One-Time $46,700] (Fire)46,700$ 46,700$ Water and Sewer Infrastructure 2,000,000$ 2,000,000$ Council Added BA2 - Annex Building Renovation for Odyssey House 500,000$ 500,000$ Homelessness and Public Safety: the City's Greatest Current Need Clean Neighborhoods teams 1,505,920$ 1,505,920$ Public Lands Park Rangers (from Salary Restoration)1,508,044$ 1,545,746$ 792,195$ 3,845,985$ 2 Public Lands Park Rangers (One-time directly from ARPA funding)69,247$ CCP clean-up 325,250$ 329,500$ 164,750$ 819,500$ HEART 57,000$ 290,000$ 290,000$ 637,000$ Advantage Services Contract -$ Emergency Shelter Set Aside 1,000,000$ 1,000,000$ Building Community Resilience Social Impact Investment 10,000,000$ 10,000,000$ 3 Urban Land Fund 4,000,000$ 4,000,000$ Community Grants Community Grants 4,000,000$ 4,000,000$ TOTAL 1,193,000$ 36,811,634$ 46,537,645$ 1,246,945$ 85,719,977$ Amount of Distibution 85,411,572$ Salt Lake City ARPA Budgeted Funding FY2021 FY2022 FY2023 FY2024 TOTAL Salt Lake City ARPA Budgeted Funding Items listed in Blue are new proposals. 1 Projected Amount. This funding is not allocated to projects, creates flexible spending dollars. Revenue Loss Dollars can potentially cover all or a portion of these expenses in FY2023 and FY2024 Police Retention and Recruitment (Salary Enhancements)7,993,189$ 4,096,509$ 12,089,698$ Special Projects Assistant for Community Commitment Program (CAN)96,175$ 49,290$ 145,464$ Youth & Family Community and Program Manager (from BA#2) (CAN)92,899$ 47,611$ 140,509$ Youth & Family COVID Programming Continuation (CAN)729,134$ 373,681$ 1,102,815$ Economic Development Strategic Plan (Economic Development)51,250$ 26,266$ 77,516$ Economic Development Staff (Economic Development)297,250$ 152,341$ 449,591$ Grant Administrator (Finance)103,546$ 53,067$ 156,613$ Grant Manager (Finance)97,375$ 49,905$ 147,280$ Apprenticeship Program (All Departments)1,025,000$ 525,313$ 1,550,313$ MRT Expansion [6 Months] (Fire)140,181$ 71,843$ 212,024$ Park Ranger Program 805,237$ 383,297$ 1,188,534$ Fiscal Year 2022 One-Time Revenues ARPA Revenue Loss 11,432,646$ 11,432,646$ One Time Use of General Fund Balance 15,335,334$ 15,335,334$ One Time Use of General Fund Balance (FOF)2,129,483$ 2,129,483$ 46,157,818$ 2 Park Ranger Program Annual Costs 1,175,491$ 2,350,983$ 1,175,492$ One-Time Costs 401,800$ TOTAL 1,577,291$ 2,350,983$ 1,175,492$ Available Salary Restoration Funding 1,508,044$ 1,545,746$ 792,195$ Difference (Another Funding Source is needed, possibly revenue loss)(805,237)$ (383,297)$ 3 Social Impact Investment Focus will be on two specific interventions -- early childhood education and workforce training -- that will increase residents’ access to opportunity and economic mobility. Request to hold allocation of approximately $10 mil until the completion of Phase 2. Can be adjusted based on actual spending. Impact Fees ‐ Summary Confidential Data pulled 7/27/2021 Unallocated Budget Amounts: by Major Area Area Cost Center UnAllocated Cash Notes: Impact fee - Police 8484001 525,991$ A Impact fee - Fire 8484002 1,084,253$ B Impact fee - Parks 8484003 9,384,420$ C Impact fee - Streets 8484005 5,571,233$ D 16,565,896$ Expiring Amounts: by Major Area, by Month 202007 (Jul2020)2021Q1 -$ -$ -$ -$ -$ 202008 (Aug2020)2021Q1 -$ -$ -$ -$ -$ 202009 (Sep2020)2021Q1 -$ -$ -$ -$ -$ 202010 (Oct2020)2021Q2 -$ -$ -$ -$ -$ 202011 (Nov2020)2021Q2 -$ -$ -$ -$ -$ 202012 (Dec2020)2021Q2 -$ -$ -$ -$ -$ 202101 (Jan2021)2021Q3 -$ -$ -$ -$ -$ 202102 (Feb2021)2021Q3 16,273$ -$ -$ -$ 16,273$ 202103 (Mar2021)2021Q3 16,105$ -$ -$ -$ 16,105$ 202104 (Apr2021)2021Q4 1,836$ -$ -$ -$ 1,836$ 202105 (May2021)2021Q4 14,542$ -$ -$ -$ 14,542$ 202106 (Jun2021)2021Q4 30,017$ -$ -$ -$ 30,017$ Current Month 202107 (Jul2021)2022Q1 10,107$ -$ -$ -$ 10,107$ 202108 (Aug2021)2022Q1 6,804$ ^ 1 -$ -$ -$ 6,804$ 202109 (Sep2021)2022Q1 5,554$ ^ 1 -$ -$ -$ 5,554$ 202110 (Oct2021)2022Q2 3,106$ ^ 1 -$ -$ -$ 3,106$ 202111 (Nov2021)2022Q2 -$ -$ -$ -$ -$ 202112 (Dec2021)2022Q2 -$ -$ -$ -$ -$ 202201 (Jan2022)2022Q3 -$ -$ -$ -$ -$ 202202 (Feb2022)2022Q3 -$ -$ -$ -$ -$ 202203 (Mar2022)2022Q3 -$ -$ -$ -$ -$ 202204 (Apr2022)2022Q4 -$ -$ -$ -$ -$ 202205 (May2022)2022Q4 -$ -$ -$ -$ -$ 202206 (Jun2022)2022Q4 -$ -$ -$ -$ -$ 202207 (Jul2022)2023Q1 -$ -$ -$ -$ -$ 202208 (Aug2022)2023Q1 -$ -$ -$ -$ -$ 202209 (Sep2022)2023Q1 -$ -$ -$ -$ -$ 202210 (Oct2022)2023Q2 -$ -$ -$ -$ -$ 202211 (Nov2022)2023Q2 -$ -$ -$ -$ -$ 202212 (Dec2022)2023Q2 -$ -$ -$ -$ -$ 202301 (Jan2023)2023Q3 -$ -$ -$ -$ -$ 202302 (Feb2023)2023Q3 -$ -$ -$ -$ -$ 202303 (Mar2023)2023Q3 -$ -$ -$ -$ -$ 202304 (Apr2023)2023Q4 118$ -$ -$ -$ 118$ 202305 (May2023)2023Q4 469$ -$ -$ -$ 469$ 202306 (Jun2023)2023Q4 276$ -$ -$ -$ 276$ Total, Currently Expiring through June 2021 78,774$ -$ -$ -$ 78,774$ Notes ^1 FY 2023Calendar Month 7/27/21: We are currently in a refund situation. We will refund $15k in the next 3 months without offsetting expendituresFiscal Year 2021FY 2022Fiscal Quarter E = A + B + C + D Police Fire Parks Streets Total Impact Fees Confidential Data pulled 7/27/2021 AAA BBB CCC DDD = AAA - BBB - CCC Police Allocation Budget Amended Allocation Encumbrances YTD Expenditures Allocation Remaining Appropriation Values Description Cost Center Sum of Police Allocation Budget Amended Sum of Police Allocation Encumbrances Sum of Police Allocation YTD Expenditures Sum of Police Allocation Remaining Appropriation Impact fee - Streets Westside 8484005 -$ -$ -$ -$ Police'sConsultant'sContract 8419205 5,520$ 3,507$ 1,955$ 58$ Police Impact Fee Refunds 8421102 438,897$ -$ -$ 438,897$ Police Refunds 8418013 539,687$ -$ 69,291$ 470,396$ A PolicePrecinctLandAquisition 8419011 1,410,243$ 239,836$ -$ 1,170,407$ Grand Total 2,440,385$ 289,381$ 71,246$ 2,079,759$ Fire Allocation Budget Amended Allocation Encumbrances YTD Expenditures Allocation Remaining Appropriation Values Fire refunds 8416007 82,831$ -$ -$ 82,831$ Fire Station #14 8415001 6,650$ 6,083$ 567$ -$ Fire Station #14 8416006 52,040$ -$ 7,428$ 44,612$ Fire Station #3 8415002 1,568$ -$ -$ 1,568$ Fire Station #3 8416009 1,050$ 96$ 485$ 469$ Impact fee - Fire 8484002 -$ -$ -$ -$ Impact fee - Streets Westside 8484005 -$ -$ -$ -$ Study for Fire House #3 8413001 15,700$ -$ -$ 15,700$ B FireTrainingCenter 8419012 46,550$ -$ 46,550$ -$ Fire'sConsultant'sContract 8419202 10,965$ 4,883$ 6,024$ 58$ FY20 FireTrainingFac. 8420431 66,546$ -$ 10,516$ 56,031$ Fire Station #3 Debt Service 8421200 541,106$ -$ 541,106$ -$ Fire Station #14 Debt Service 8421201 339,172$ -$ 339,172$ -$ Grand Total 1,164,177$ 11,063$ 951,846$ 201,268$ Parks Allocation Budget Amended Allocation Encumbrances YTD Expenditures Allocation Remaining Appropriation Values Impact fee - Parks 8484003 -$ -$ -$ -$ JR Boat Ram 8420144 125,605$ 15,561$ 110,044$ -$ Three Creeks Confluence 8419101 173,017$ -$ 173,017$ -$ Cnty #2 Match 3 Creek Confluen 8420426 515,245$ 88$ 515,157$ -$ Park'sConsultant'sContract 8419204 7,643$ 4,815$ 2,786$ 42$ Folsom Trail/City Creek Daylig 8417010 766$ -$ 620$ 146$ Cwide Dog Lease Imp 8418002 24,056$ 23,000$ 526$ 530$ C Rosewood Dog Park 8417013 16,087$ -$ 14,977$ 1,110$ Jordan R 3 Creeks Confluence 8417018 11,856$ -$ 10,287$ 1,570$ 9line park 8416005 86,322$ 19,702$ 64,364$ 2,256$ Jordan R Trail Land Acquisitn 8417017 2,946$ -$ -$ 2,946$ Warm Springs Off Leash 8420132 27,000$ 15,811$ 6,589$ 4,600$ Fairmont Park Lighting Impr 8418004 50,356$ 43,597$ 605$ 6,155$ FY Parks and Public Lands Compreh 8417008 7,500$ -$ -$ 7,500$ Rich Prk Comm Garden 8420138 27,478$ 4,328$ 14,683$ 8,467$ Redwood Meadows Park Dev 8417014 15,939$ -$ 6,589$ 9,350$ ImperialParkShadeAcct'g 8419103 10,830$ -$ -$ 10,830$ Park refunds 8416008 11,796$ -$ -$ 11,796$ IF Prop Acquisition 3 Creeks 8420406 350,000$ 1,905$ 291,986$ 56,109$ Parks Impact Fees 8418015 102,256$ -$ 875$ 101,381$ UTGov Ph2 Foothill Trails 8420420 200,000$ 22,524$ 64,916$ 112,560$ FY20 Bridge to Backman 8420430 727,000$ 574,709$ 4,080$ 148,211$ 9Line Orchard 8420136 195,045$ -$ -$ 195,045$ Waterpark Redevelopment Plan 8421402 225,000$ -$ 753$ 224,247$ Trailhead Prop Acquisition 8421403 275,000$ -$ -$ 275,000$ Bridge to Backman 8418005 350,250$ 10,285$ 59,974$ 279,990$ Parley's Trail Design & Constr 8417012 327,678$ -$ -$ 327,678$ Cnty #1 Match 3 Creek Confluen 8420424 400,000$ 7,790$ 11,523$ 380,688$ Jordan Prk Event Grounds 8420134 431,000$ -$ -$ 431,000$ Wasatch Hollow Improvements 8420142 490,830$ -$ 1,142$ 489,688$ Fisher House Exploration Ctr 8421401 540,732$ 1,883$ 16,843$ 522,007$ Marmalade Park Block Phase II 8417011 1,145,394$ 34,222$ 50,965$ 1,060,208$ Fisher Carriage House 8420130 1,098,764$ -$ -$ 1,098,764$ Pioneer Park 8419150 3,442,199$ 229,022$ 98,295$ 3,114,882$ Grand Total 11,415,591$ 1,009,242$ 1,521,594$ 8,884,756$ Streets Allocation Budget Amended Allocation Encumbrances YTD Expenditures Allocation Remaining Appropriation Values 9 Line Central Ninth 8418011 152,500$ 152,500$ -$ -$ IF Roundabout 2000 E Parleys 8420122 455,000$ -$ 455,000$ -$ Impact fee - Streets Westside 8484005 -$ -$ -$ -$ 500/700 S Street Reconstructio 8412001 41,027$ 32,718$ 8,309$ -$ Transportation Safety Imp 8418007 147,912$ -$ 147,912$ -$ 500 to 700 S 8418016 575,000$ 96,637$ 478,363$ -$ Trans Master Plan 8419006 13,000$ 13,000$ -$ -$ 700 South Reconstruction 8414001 310,032$ -$ 310,032$ -$ D 700 South Reconstruction 8415004 1,157,506$ 2,449$ 1,155,057$ -$ LifeOnState Imp Fee 8419009 124,605$ -$ 124,605$ -$ Transportation Safety Improvem 8417007 22,360$ -$ 20,916$ 1,444$ Gladiola Street 8406001 16,544$ 13,865$ 435$ 2,244$ Trans Safety Improvements 8419007 210,752$ 87,472$ 115,100$ 8,180$ Street'sConsultant'sContract 8419203 39,176$ 17,442$ 9,360$ 12,374$ Complete Street Enhancements 8420120 125,000$ -$ 89,608$ 35,392$ Transp Safety Improvements 8420110 250,000$ 20,697$ 191,220$ 38,083$ 1300 S Bicycle Bypass (pedestr 8416004 42,833$ -$ -$ 42,833$ Indiana Ave/900 S Rehab Design 8412002 124,593$ -$ -$ 124,593$ Bikeway Urban Trails 8418003 200,000$ -$ -$ 200,000$ TransportationSafetyImprov IF 8421500 375,000$ -$ 72,947$ 302,053$ IF Complete Street Enhancement 8421502 625,000$ -$ -$ 625,000$ Street Improve Reconstruc 20 8420125 2,858,090$ 1,469,774$ 607,870$ 780,446$ Traffic Signal Upgrades 8419008 251,316$ -$ 29,628$ 221,688$ Traffic Signal Upgrades 8420105 300,000$ 300,000$ -$ -$ Traffic Signal Upgrades 8421501 875,000$ -$ -$ 875,000$ Grand Total 9,292,247$ 2,206,554$ 3,816,363$ 3,269,330$ Total 24,312,401$ 3,516,240$ 6,361,049$ 14,435,112$ E = A + B + C + D TRUE TRUE TRUE TRUE 9,384,420$ 5,571,233$ 16,565,896$ 8484002 8484003 8484005 525,991$ $1,084,253 8484001 UnAllocated Budget Amount Item F1 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Brian Fullmer Policy Analyst DATE:November 16, 2021 RE: University Ivory House Zoning Map Amendment PLNPCM2021-00313 MOTION 1 (adopt) I move that the Council adopt the ordinance. MOTION 2 (defer action) I move that the Council defer action to a future Council meeting. MOTION 3 (reject) I move that the Council reject the ordinance. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer Policy Analyst DATE:November 16, 2021 RE: University Ivory House Zoning Map Amendment PLNPCM2021-00313 PUBLIC HEARING UPDATE The applicant and two representatives from the University of Utah spoke in support of the proposal at the November 9 public hearing. A need for additional student housing was reiterated. The applicant stated profits from the housing would go toward a scholarship fund to assist students in need. The Council closed the public hearing and deferred action to a future meeting. The following information was provided for the November 9, 2021 public hearing. It is provided again for background purposes. BRIEFING UPDATE At the October 5 briefing Council Members expressed general support for the proposal. Questions about the how buildings are sited on the property and why the City has jurisdiction were asked. The applicant stated the proposed building configuration helps create a secure common area. Planning staff stated the property is owned by The Church of Jesus Christ of Latter-day Saints, so is under City jurisdiction. The following information was provided for the October 5, 2021 Council briefing. It is provided again for background purposes. The Council will be briefed about an ordinance to amend the zoning map for property located at 1780 South Campus Drive from its current Institutional (I) designation to Residential/Mixed Use (R-MU), to Item Schedule: Briefing: October 5, 2021 Set Date: October 5, 2021 Public Hearing: November 9, 2021 Potential Action: November 16, 2021 Page | 2 accommodate proposed student housing. The approximately 5.4-acre parcel was recently subdivided from a larger parcel owned by The Church of Jesus Christ of Latter-day Saints. The Church still owns the subject parcel and would enter into a long-term lease for the development if the rezone is approved. The proposed development would include four buildings with approximately 536 student housing units. If the rezone is approved by the Council, an existing institute building associated with the University of Utah would be demolished and replaced with the student housing buildings. A site development, including planned development and design review, was approved by the Planning Commission conditioned on City Council approval of the zoning map amendment. The Commission forwarded a unanimous favorable recommendation to the City Council for the zoning map amendment. Goal of the briefing: Review the proposed zoning map amendment, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. The Council may wish to discuss how neighborhood impacts on issues such as traffic are managed and whether this proposal is designed to take advantage of on-campus transit options. Planning staff notes that locating student housing on campus may help alleviate some traffic along adjacent streets. 2.Is the Council supportive of the proposed zoning map amendment? Vicinity zoning map with subject parcel outlined in red. Blue shaded parcels are zoned Institutional, and checked parcels are zoned Research Park. Green shaded parcel (Steiner Aquatic Center) is zoned Open Space. (Image courtesy Salt Lake City Planning) ADDITIONAL INFORMATION Page | 3 The table below provided by City Planning compares key standards and uses in the Institutional and Residential/Mixed Use zoning districts. Building height and setbacks in the R-MU zoning district allow for larger scaled buildings than in the I zoning district. Under the development plan similar scaled buildings and where they are sited would be comparable to what is allowed under the I zoning district. The key difference in the development plan under the proposed R-MU and current I zoning district is the intended use. Multi-family residential is not a permitted land use in the I zoning district. The development proposal includes increased front yard setbacks to preserve mature landscaping. MASTER PLAN CONSIDERATIONS Planning staff identified the East Bench Master Plan and Plan Salt Lake as City plans applicable to this proposed project. A summary of the findings is included below. Please refer to pages 8-9 of the Planning Commission staff report for the full discussion. East Bench Master Plan (2017) Page | 4 The East Bench Master Plan and associated East Bench Future Land Use Map identify the subject property along with the University of Utah campus and Research Park as a Regional Activity Center. The following description is included in the plan: The Regional Activity Center is a regional hub for education, research, employment, and entertainment. Future uses support this function and future growth is a coordinated effort between the City, the surrounding neighborhoods, and the activity center facilities that balances State regional needs with the livability of adjacent neighborhoods. Growth of regional destinations is addressed in the master plan. While growth is seen as a positive contribution to the region, strain on the community is acknowledged. The plan calls for creative solutions accommodate housing, services, and transportation needs related to growth. The following guideline for the University of Utah is included in the master plan: The University of Utah is a State of Utah facility and is not required to comply with local (City) plans or ordinances; however, it has a strong influence on the character of the East Bench community. Due to the close proximity of the campus, the East Bench is a prime housing location for students and the majority of traffic along Foothill Drive is traveling to and from the University of Utah and Research Park. There is a strong desire within the East Bench Community to closely integrate future growth of the University with City planning efforts in an effort to manage impacts to the nearby residential neighborhoods. Plan Salt Lake (2015) Plan Salt Lake outlines the vision of sustainable growth and development in the city including a diverse mix of uses essential to accommodate responsible growth. The plan notes compatibility with existing neighborhoods is vital. New development should be sensitive and consistent with surrounding development. Guiding principles from Plan Salt Lake include: Neighborhoods that provide a safe environment, opportunity for social interaction, and services needed for the wellbeing of the community therein. Growing responsibly while providing people with choices about where they live, how they live, and how they get around. Access to a wide variety of housing types for all income levels throughout the City, providing the basic human need for safety and responding to changing demographics. A beautiful city that is people focused. Planning staff found the requested zoning map amendment supports identified policy statements and guidelines in the East Bench Master Plan and Plan Salt Lake. Planning also noted if approved, the resulting large student housing project would be located on campus where it is most needed and would relieve some traffic pressure of student commuters on Foothill Drive. ANALYSIS OF STANDARDS Attachment E (pages 25-26) of the Planning Commission staff report outlines zoning map amendment standards that should be considered as the Council reviews this proposal. Planning staff found proposed amendment complies with all applicable standards. Please see the Planning Commission staff report for full details. Page | 5 PUBLIC PROCESS • May 12, 2021-Notification sent to the University of Utah Planning Department for review. • May 17, 2021-Planning staff hosted an online open house to solicit public comments on the proposal. The open house period began May 17, 2021 and ended June 28, 2021. • July 14, 2021-Public hearing notice sign with project information and notice of Planning Commission public hearing posted on the subject site. • July 15, 2021-Public notice posted on City and State websites and sent via the Planning Division list serve for the July 28, 2021 Planning Commission meeting. Public hearing notice mailed. • July 28, 2021-Planning Commission public hearing. Two people spoke at the hearing expressing support for the project. One of the commenters also expressed concern the applicant is not maximizing density on the parcel by meeting current height limitation or seeking approval for additional height. The applicant responded saying they have an option to add density in the existing parking area in the future. The Planning Commission voted unanimously to forward a positive recommendation to the City Council for the proposed zoning map amendment. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: September 10, 2021 Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: University Ivory House Zoning Map Amendment STAFF CONTACT: Kelsey Lindquist, Senior Planner, kelsey.lindquist@slcgov.com (385) 226-7227 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to approve an Ordinance to amend the zoning map for the subject property, changing it from I (Institutional) to R-MU (Residential/Mixed Use). BUDGET IMPACT: None BACKGROUND/DISCUSSION: Project representative, Ashley Hadfield, is requesting that the City amend the zoning map for one property located at 1780 East South Campus Drive. The property currently contains a chapel for the Church of Latter-Day Saints for the University of Utah Campus. The zoning map amendment is requested to accommodate a student housing development. A specific site development, including a planned development and design review, was reviewed and approved by the Planning Commission with the condition that the City Council approve the zoning map amendment. The specific design includes a multi-building development with approximately 536 student housing units. The change is consistent with the policies in the East Bench Master Plan. Planning Staff’s analysis of the proposed zoning map amendment, as well as details of the proposed future development are found in the Planning Commission Staff Report (Planning Commission Record – c). Lisa Shaffer (Sep 14, 2021 12:03 MDT) 09/14/2021 09/14/2021 The subject property is highlighted on the zoning map/aerial photo below. PUBLIC PROCESS: • Staff sent an early notification announcement of the project to all residents and property owners located within 300 feet of the project site on May 10, 2021, providing notice about the project and information on how to give public input on the project. • Staff hosted an online Open House to solicit public comments on the proposal. The online Open House period started on May 17, 2021 and ended on June 28, 2021. • Notification was provided to the University of Utah Campus Planning on May 13, 2021. • One public comment was submitted, in relation to this proposal, which can be found in in the Planning Commission Staff Report, (Planning Commission Record – c). • A Planning Commission Public Hearing was held on July 28, 2021. By a unanimous vote, the Planning Commission forwarded a positive recommendation to the City Council for the proposed zoning map amendment. Planning Commission (PC) Records a) PC Agenda of July 28, 2021 (Click to Access) b) PC Minutes of July 28, 2021 (Click to Access) c) Planning Commission Staff Report of July 28, 2021 (Click to Access Report) EXHIBITS: 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List SALT LAKE CITY ORDINANCE No. _____ of 2021 (Amending the zoning map pertaining to a portion of property located at 1780 East South Campus Drive from I Institutional District to R-MU Residential/Mixed Use District) An ordinance amending the zoning map pertaining to a portion of property located at 1780 East South Campus Drive to rezone the portion of the parcel from I Institutional District to R-MU Residential/Mixed Use District pursuant to Petition No. PLNPCM2021-00313. WHEREAS, Ashley Hadfield on behalf of the property owner, the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, submitted an application to rezone a portion of the property located at 1780 East South Campus Drive, as more particularly described in Exhibit A, P I institutional District to R-MU Residential/Mixed Use District pursuant to Petition No. PLNPCM2021-00313 WHEREAS, in addition to the underlying I institutional District the property is further zoned with overlay zoning designations of Groundwater Source Protection Overlay ; and WHEREAS, the Salt Lake City Planning Commission held a public hearing on July 28, 2021 on the petition, had a discussion, and voted to forward a positive recommendation of approval to rezone the Property from I institutional District to R-MU Residential/Mixed Use District pursuant to Petition No. PLNPCM2021-00313; and WHEREAS, after a public hearing on this matter, the City Council has determined that adopting this ordinance to amend the Salt Lake City zoning map to change the underlying zoning as set forth herein ; and WHEREAS, the City Council desires to retain the overlay designation of the Groundwater Source Protection Overlay and nothing contained herein should be construed to remove that existing designation. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Property and incorporated by reference shall be and hereby is rezoned from I Institutional District to R-MU Residential/Mixed Use District. SECTION 4. Effective Date. This Ordinance shall take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. APPROVED AS TO FORM Date:__________________________________ By: ___________________________________ Hannah Vickery,Senior City Attorney 9/9/2021 Legal Description of Property to be Rezoned TABLE OF CONTENTS 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List 1. Project Chronology PROJECT CHRONOLOGY PETITION: PLNPCM2021-00313 – Ivory University House 1780 East South Campus Drive April 2, 2021 Petition for the zoning map amendment received by Salt Lake City Planning Commission. April 8, 2021 Petition assigned to Kelsey Lindquist, Senior Planner. May 12, 2021 Notification sent to University of Utah Planning Department for review. May 17, 2021 Staff hosted an online Open House to solicit public comments on the proposal. The online Open House period started on May 17, 2021 and ended on June 28, 2021. July 15, 2021 Public notice posted on City and State websites and sent via the Planning list serve for the July 28, 2021, Planning Commission. Public hearing notice mailed. July 14, 2021 Public hearing notice sign with project information and notice of Planning Commission public hearing posted on the subject property. July 28, 2021 The Planning Commission held a Public Hearing on July 28, 2021. The Planning Commission forwarded a positive recommendation to City Council for the proposed zoning map amendment. 2. Notice of City Council Public Hearing NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00313 – Zoning Map Amendment at 1780 East South Campus Drive – Ashely Hadfield, property owner representative is requesting that the City amend the zoning map for one property located at 1780 East South Campus Drive. The property at 1780 East South Campus Drive currently contains an institute building for the LDS Church on the University of Utah Campus. The applicant is requesting to change the zoning map designation of the property from I (Institutional) to R-MU (Residential/Mixed Use), in order to construct a student housing development. The Master Plan is not being changed. The property is located within Council District 6, represented by Dan Dugan. (Staff contact: Kelsey Lindquist at (385) 226-7227 or kelsey.lindquist@slcgov.com ) As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held electronically: DATE: TIME: 7:00 p.m. PLACE: This will be an electronic meeting pursuant to Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). Please visit https://www.slc.gov/council/news/featured-news/virtually-attend-city- council-meetings/ to learn how you can share your comments live during electronic City Council meetings. If you would like to provide feedback or comment, via email or phone, please contact us at: 801-535-7654 (24- Hour comment line) or by email at: council.comments@slcgov.com . If you have any questions relating to this proposal or would like to review the file, please call Kelsey Lindquist at 385-226-7227 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at kelsey.lindquist@slcgov.com People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711.(P 19-19) 3. Original Petition EXHIBIT A SUBMITTAL REQUIREMENTS PROJECT DESCRIPTION 1. PURPOSE FOR THE AMENDMENT IN QUESTION: • Acreage: 5.4 acres • Address: South Campus Drive & Mario Capecchi Drive, Salt Lake City, Utah 84108 (the “Property”) • Current Zoning: Institutional • Proposed Zoning: Residential Mixed Use (RMU) 2. A DESCRIPTION OF THE PROPOSED USE OF THE PROPERTY BEING REZONED: The Property is currently in Salt Lake City. The intention is to subdivide a portion of a parcel land and make the subdivided parcel the subject of the rezone, Planned Development, Design Review, and build an integrated student housing project with mixed-use amenities. The requested rezone will facilitate the development of this project and will tie in infrastructure improvements intended for the area to facilitate development. The conceptual site plan, attached hereto as Exhibit B, contemplates, among other things for both the Property: • 4 buildings (5 & 4 stories – less than 75’ in height); • Up to 152 units per building (346 sq. ft. minimum); • Total density of 536 units; • Building coverage of 27.26%; • 211 parking spaces; • Parking coverage of 27.18%; and • Landscaping coverage of 28.54%. 3. REASONS WHY THE PRESENT ZONING MAY NOT BE APPROPRIATE FOR THE AREA: • The Property is adjoined by the following zoning districts: • North: Institutional (South Campus Drive) • East: Institutional (Mario Capecchi Drive) • South: Institutional (Research Road) • West: Institutional • The Property is located within the Regional Activity Center in the East Bench Master Plan (adopted 2/2017). The East Bench Master Plan highlights the importance of “Connecting People to Places” and the “Growth of Regional Destinations.” As the University of Utah continues to grow, it is critical to provide students a place to live that is proximate to campus. Ivory University House plans to help fulfill the East Bench Master Plan by providing an off-campus solution helps “Connect People to Places.” The East Bench Master Plan also highlights the importance of preserving open space and existing trees on properties. Ivory University House intends to preserve and enhance open space and existing trees on the Property and in accordance with the Salt Lake City Urban Forestry. • A rezone of the Property would support student housing in the area that already exists in the current zone of Institutional. The existing University of Utah campus and the Church of Jesus Christ of Latter-Day Saints Institute provides an adjacent, complimentary use. Student residential housing will involve efficient use of the Property and coordinate well with existing and planned public infrastructure. • A rezone of the Property will support nearby developments, including, without limitation, the University of Utah, the Church of Jesus Christ of Latter-day Saints Institute, and will provide infrastructure improvements for the area to facilitate development. We have been in contact with the Utah Department of Transportation, Salt Lake City Public Utilities, The University of Utah, and others with respect to constructing and/or contributing to: (i) new water and sewer lines (ii) and connecting walkways to nearby Trax that will reduce traffic congestion on South Campus Drive and Mario Capecchi Drive during events and school commutes. 4. PARCEL NUMBERS TO BE CHANGED: • Property: Parcel Id. No. 16-04-400-011-0000; from Institutional to RMU • The entire Parcel ID number listed above contains 30.92 acres of land currently owned by the Church of Jesus Christ of Latter-Day Saints. Of this 30.92-acre site, a proposed lot of 5.40 acres will be created in the Northeast corner. This 5.40-acre lot is being proposed for a zoning ordinance change from Institutional to RMU. The remaining 25.52 acres of land will remain as Institutional. A subdivision plat will be proposed and submitted with this rezoning package. EXHIBIT B SITE PLAN [See Attached] 4. Mailing List OWN_FULL_NAME OWN_ADDR own_unit OWN_CITY OWN_STATOWN_ZIP UNITED STATES OF AMERICA 125 S STATE ST # 8100 SALT LAKE CITY UT 84138 UNIVERSITY OF UTAH 505 S WAKARA WY # 210 SALT LAKE CITY UT 84108 STATE OF UTAH 675 E 500 S # 500 SALT LAKE CITY UT 84102 UNIVERSITY OF UTAH 505 S WAKARA WY # 210 SALT LAKE CITY UT 84108 CORP OF PB OF THE CH OF JC OF LDS 50 E NORTH TEMPLE ST SALT LAKE CITY UT 84150 MOUNTAIN STATES TEL & TEL CO PO BOX 2599 OLATHE KS 66063 UNIVERSITY OF UTAH RESEARCH FOUNDATION 505 S WAKARA WY # 210 SALT LAKE CITY UT 84108 UNIVERSITY OF UTAH 505 S WAKARA WY SALT LAKE CITY UT 84108 CORP OF PB OF CH JC OF LDS 50 E NORTHTEMPLE ST #2225 SALT LAKE CITY UT 84150 UNITED STATES OF AMERICA 125 S STATE ST # 8100 SALT LAKE CITY UT 84138 Current Occupant 295 S MARIO CAPECCHI DR Salt Lake City UT 84113 Current Occupant 101 S WASATCH DR Salt Lake City UT 84112 Current Occupant 595 S GUARDSMAN WAY Salt Lake City UT 84108 Current Occupant 1875 E SOUTH CAMPUS DR Salt Lake City UT 84112 Current Occupant 525 S FOOTHILL DR Salt Lake City UT 84113 Current Occupant 500 S MARIO CAPECCHI DR #NFF1 Salt Lake City UT 84113 Current Occupant 555 S FOOTHILL DR Salt Lake City UT 84113 Current Occupant 1780 E SOUTH CAMPUS DR Salt Lake City UT 84113 Current Occupant 500 S FOOTHILL DR Salt Lake City UT 84108 Item F2 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet Policy Analyst DATE:November 16, 2021 RE: Text Amendment: Technology Related Land Use Text Amendments PLNPCM2021-00511 MOTION 1 I move the Council adopt the ordinance. MOTION 2 I move the Council reject the ordinance. COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: November 16, 2021 RE: Text amendment: Technology Related Land Use Text Amendments PLNPCM2021-00511 PROJECT TIMELINE: Briefing October 5, 2021 Set Date: October 5, 2021 Public Hearing: Nov 9, 2021 Potential Action: Nov 16, 2021 PUBLIC HEARING SUMMARY No one spoke during the public hearing. The Council closed the public hearing and deferred action to a future meeting. The following information was provided for the November 9 public hearing. It is provided again for background purposes. Work Session Briefing The Council did not raise significant questions or concerns about the text amendment during the briefing. The public hearing was scheduled for November 9, 2021. The following information was provided for the October 5 work session briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE Page | 2 The Council will hold a briefing on the proposed Bio-medical, Technology Facility, Medical Laboratory, Research and Development Facility, and Data Center Zoning Text Amendment. The proposed amendment, initiated by Mayor Erin Mendenhall, would add Biomedical Uses, Data Centers and Technology Uses to the zoning code and modify definitions and the land use tables for medical related laboratories and research and development facilities. The proposal updates the zoning code and does the following: Adds Biomedical, Technology Facility, and Data Center as defined terms in the zoning code and adds the uses to the land use tables as permitted uses in certain zoning districts. Adds a qualifying provision as a footnote to the land use tables related to Biomedical uses that would prohibit uses that produce hazardous waste from being located within ½ mile of a residential use. Modifies and merges several defined land-uses into one use called “Laboratory, medical related” and updates the land use tables. Updates the defined land use “research and development facility” so the definition reflects the nature of the use and expands where the use is allowed in the land use tables. The Planning Commission forwarded a positive recommendation to the City Council. ADDITIONAL INFORMATION The following section provides the definition for the new and amended land uses. Maps of where each use will be allowed citywide are included in the Planning Commission staff report, pages 1-6. Each of the uses would be classified as permitted in the land use tables. Included along with the map of where each use would be permitted in the Planning Commission staff report is an explanation of why it is appropriate for these to be permitted uses instead of conditional. In general, Planning staff found these types of uses produce similar impacts to uses that are already permitted in the zoning districts. Biomedical Land Uses: (Pages 1-2 Planning Commission Staff Report) Proposed definition: An establishment that performs research and development in the field of medicine and produces biologic, biomedical, or pharmaceutical products. A bio-medical facility is not a hospital, health care facility, medical incinerator, or medical office. Technology Facility (Pages 3-4 Planning Commission Staff Report) Proposed definition: An establishment that is engaged in research, development, production, service, or related functions that uses technology to produce, deliver, or maintain data, information, equipment, computers, or related accessories or services to others. A technology facility is not a bio-medical facility or a research and development facility Laboratory, Medical Related (Pages 4-5 Planning Commission Staff Report) Proposed Definition: An establishment that performs research and analysis of medical tests and biologic samples collected for the purpose of medical diagnosis. A medical related laboratory is not a bio-medical facility. Research and Development Facilities (Page 5-6 Planning Commission Staff Report) Proposed Definition: An establishment comprised of one or more structures used primarily for applied and developmental research conducted entirely indoors. The use may include testing to determine the physical qualities of already manufactured materials or materials used in the Page | 3 manufacturing of a prototype. Research and development facility is not a bio-medical facility or light manufacturing. Data Center (permitted in the M1, M2 and BP zoning districts) Proposed Definition: An establishment that centralizes information technology operations and equipment for the purposes of storing, processing, and disseminating data and applications. The Planning commission staff report notes concerns about the amount of water usage of Data Centers. Planning staff noted they are currently processing a text amendment that would prohibit land uses that consume more than 300,000 gallons of water per day. This may effectively result in data centers not being built in the city if the Council were to adopt that text amendment. o The Planning Commission forwarded a favorable recommendation on September 22 for the Significant Water Consuming Land Uses Text Amendment. PUBLIC PROCESS Online Storyboard and survey posted on Planning Division o Survey was accessible from May 21, 2021 to July 31, 2021. Notice sent to all recognized organizations o Downtown and Sugar House Community councils requested presentations The Planning Commission held a public hearing on August 25, 2021 ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2021-00511 Technology Related Land Use Text Amendments STAFF CONTACT: Nick Norris, Planning Director nick.norris@slcgov.com or 801-641-1728 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council adopt the proposal as recommended by the Planning Commission.. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This proposal was initiated by Mayor Erin Mendenhall to promote the development of the technology related industry in the City. The proposal updates the zoning code and does the following: Adds Biomedical, Technology Facility, and Data Center as defined terms in the zoning code and adds the uses to the land use tables as permitted uses in specific zoning districts identified in the draft ordinance. Adds a qualifying provision as a footnote to the land use tables related to Biomedical uses that would prohibit uses that produce hazardous waste from being located within ½ mile of a residential use. Modifies and merges several defined land uses into one use called “Laboratory, related” and updates the land use tables as indicated in the draft ordinance. Updates the defined land use “research and development facility” so the definition reflects the nature of the use and expands where the use is allowed in the land use tables of the zoning code. September 10, 2021 Lisa Shaffer (Sep 28, 2021 15:20 MDT) 09/28/2021 09/28/2021 This proposal was initiated to help achieve several goals found in adopted planning documents of the city as well as identified in the Mayor’s 2021 Plan. The overall goal was to expand where tech related land uses could be in the city, specifically capitalizing on the biomedical uses that are created due to the proximity of the University of Utah. The full set of goals found in adopted plans can be found in the Planning Commission staff report. The changes were proposed because the uses are not defined in the code currently. This creates uncertainty for tech related uses and forces most of the uses into the industrial areas of the city. This results in the need for administrative interpretations that take time and staff resources, often for uses that are not more impactful than other similar uses already allowed in the underlying zoning districts. Time is important for perspective businesses looking to locate in the city. The proposed definitions are intended to be “general definitions” which are defined in the code as definitions that are intended to be applied broadly and to address a wide range of potential land uses. This proposal helps address that uncertainty and makes the code more predictable. Adding the proposed uses to mixed use zoning districts is based on the goals of multiple community plans to create more mixed-use neighborhoods throughout the city and provide jobs near where people live. Further research of other communities has found that there is a growing desire for tech related companies to be in places that are close to housing, restaurants, entertainment, transit, and cultural amenities. These factors were used to help identify where the uses were appropriate. The impacts of the potential uses were considered in determining the zoning districts where the uses would be acceptable. Few technology related land uses create impacts that are different than most general office uses. Some biomedical uses do produce hazardous waste. The proposal includes a provision that would prohibit biomedical uses that produce hazardous waste from being located within ½ mile of a residential use. Data Centers also could have a negative impact on mixed use areas where street engagement is important to promote vitality and walkability. Dat centers tend to have low numbers of employees and are in buildings with limited windows and entrances. This proposal only allows the use in the M-1, M-2, and BP zoning districts because the nature of those areas do not include creating more walkable and engaging pedestrian areas due to the large footprints of the buildings and the nature of the land use. The Salt Lake City Department of Sustainability provided a recommendation to the Planning Commission asking that all bio-medical uses provide either an air quality permit or an exemption from permit requirements from the Utah Department of Environmental Quality, Air Quality Division. This was recommended to help the city have a better idea of the level of emissions from bio-medical uses. The Zoning Ordinance already includes environmental performance requirements for air quality. The code requires applicants to provide copies of any required approval. However, it is difficult during the zoning review to know if a permit is required because it requires extensive knowledge of the air quality requirements adopted by the State of Utah. Requiring evidence does make administering the code and verifying compliance with the standard easier. The proposal also included updating medical laboratory related definitions. The code contains multiple variations of this use, which has created some confusion and difficulty in administering the code. This change was included in this proposal because some of the medical lab definitions blurred the lines with the biomedical definition, so more distinction was added to avoid confusion and make it easier to administer the code. The research and development land use are proposed to be updated because the use tends to not produce impacts that are different than most office uses. This is an existing land use definition in the code, but it was updated to better reflect the nature of the use and how the use has evolved over time. PUBLIC PROCESS: The Planning Division created an online storyboard to explain the proposal and provide a survey about the proposed uses. A link to the story map can be found here: HERE. The information and link are posted to the Planning Division Open House page and included in the notice to recognized organizations. Notice of the proposal was sent to all registered recognized organizations in the City. Two organizations requested a presentation on the proposal: The Downtown Alliance and the Sugar House Community Council. A summary of the input received can be found in the Planning Commission Staff Report. The survey was accessible from May 21, 2021 to July 31, 2021. The Planning Commission held a public hearing on August 25, 2021. Notice of the public hearing was sent to all registered recognized organizations and Trolley Square Associated (who requested notice of all zoning changes specifically effecting property the entity owns), was posted on the Planning Commission Agenda page, the State of Utah Public Notice page, and was emailed to the Planning Division email list. The Planning Commission voted unanimously to recommend that the City Council adopt the proposed text changes. Planning Commission (PC) Records a) PC Agenda for August 25, 2021 (Click to Access) b) PC Minutes of May 26, 2021 (Click to Access) c) Planning Commission Staff Report for August 25, 2021 (Click to Access Report) EXHIBITS: 1) Chronology 2) City Council Public Hearing Notice 3) Petition Initiation 4) Mailing Labels LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2021 2 3 (An ordinance amending various sections of Title 21A 4 of the Salt Lake City Code pertaining to tech related land uses) 5 6 An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining 7 to tech related land uses pursuant to Petition No. PLNPCM2021-00511. 8 WHEREAS, the Salt Lake City Planning Commission 9 public hearing on August 25, 2021 to consider a proposal initiated by Mayor Erin Mendenhall to 10 amend the Salt Lake City Code to more specifically identify tech related land uses and allow tech 11 related uses in more areas of the City; and 12 WHEREAS, at its August 25, 2021 hearing, the Planning Commission voted in favor of 13 forwarding a positive recommendation of approval to the Salt Lake City Council 14 to adopt changes to the Salt Lake City Code pertaining to tech related land uses; and 15 WHEREAS, the Salt Lake City Council desires to modify its land use regulations as 16 provided herein; and 17 WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this 18 matter, that adopting this ordinance promotes the health, safety, and public welfare of the 19 citizens of the City. 20 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 21 SECTION 1. Amending the Text of Salt Lake City Code Section 21A.33.020. That Section 22 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 23 Conditional Uses for Residential Districts) shall be and hereby is amended to remove the complete 24 LEGISLATIVE DRAFT Laboratory (medical, dental, optical)25 Residential Districts. 26 FR- 1/435 60 FR- 2/217 80 FR- 3/120 00 R- 1/120 00 R- 1/70 00 R- 1/50 00 S R- 1 S R- 2 S R- 3 R 2 RM F- 30 RM F- 35 RM F- 45 RM F- 75 R B R- M U- 35 R- M U- 45 R- M U R O Laborat ory (medica l, dental, optical) P P P P P 27 SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.020. That Section 28 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 29 Conditional Uses for Residential Districts) shall be and hereby is amended to add three new rows to 30 development 31 f f32 Districts, which use category shall be inserted into that table in alphabetical order and shall read and 33 appear in that table as follows: 34 FR- 1/4356 0 FR- 2/2178 0 FR- 3/1200 0 R- 1/1200 0 R- 1/700 0 R- 1/5 000 SR -1 SR -2 SR -3 R 2 RMF -30 RMF -35 R M F- 45 RMF -75 R B R- MU- 35 R- M U- 45 R- M U R O Laborat ory, medical related P P P P P 35 36 37 38 39 FR- 1/43 560 FR- 2/21 780 FR- 3/12 000 R- 1/12 000 R- 1/7 000 R- 1/5 000 S R -1 S R -2 S R -3 R 2 R M F- 30 R M F- 35 R M F- 45 R M F- 75 R B R- M U- 35 R- M U- 45 R - M U R O Resear ch and develo pment facility P P LEGISLATIVE DRAFT FR- 1/4 356 0 FR- 2/2 178 0 FR- 3/12 000 R- 1/12 000 R- 1/7 00 0 R- 1/5 00 0 S R -1 S R - 2 S R - 3 R 2 R M F- 30 R M F- 35 R M F- 45 R M F- 75 R B R- M U - 35 R- M U - 4 5 R - M U R O Tech nolog y facilit y P P P P 40 SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 41 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 42 Conditional Uses for Commercial Districts) shall be and hereby is amended to remove two complete 43 rows Laboratory (medical, dental, optical) and testing in the Table of 44 Permitted and Conditional Uses for Commercial Districts. 45 CN CB CS CC CSHBD CG SNB Laboratory (medical, dental, optical) P P P P P Laboratory, testing P P P 46 SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 47 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 48 Conditional Uses for Commercial Districts) shall be and hereby is amended to add four new rows to 49 the table for separate use categories titled, -medica f 50 development f to the Table of Permitted and Conditional Uses 51 for Commercial Districts, which use categories shall be inserted into that table in alphabetical order and 52 shall read and appear in that table as follows: 53 54 CN CB CS CC CSHBD CG SNB Bio-medical facility P22 P22 P22 P22 55 CN CB CS CC CSHBD CG SNB LEGISLATIVE DRAFT Technology facility P P P P 56 57 CN CB CS CC CSHBD CG SNB Laboratory, medical related P P P P P 58 CN CB CS CC CSHBD CG SNB Research and development facility P P P P 59 SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.030. That the 60 P Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use 61 Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is 62 ,which shall appear immediately succeeding 63 qualifying provision 21, as follows: 64 22. Prohibited within ½ mile of a residential use if the facility produces hazardous or 65 radioactive waste as defined by the Utah Department of Environmental Quality administrative 66 rules. 67 SECTION 6. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 68 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 69 Conditional Uses for Transit Station Area Districts) shall be and hereby is amended to remove four 70 complete rows Laboratory (medical, dental, optical),testing, 71 facility (medical) in the Table of Permitted and Conditional Uses for Transit Station Area Districts. 72 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition Laboratory (medical, dental, optical) P P P P P P P P Laboratory, testing P P P P 73 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition LEGISLATIVE DRAFT Research facility (medical) P P P P P P P P 74 SECTION 7. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 75 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 76 Conditional Uses for Transit Station Area Districts Districts) shall be and hereby is amended to add 77 three new rows to the table for separate use categories titled, -78 Facil to the Table of Permitted and Conditional Uses for Transit 79 Station Area Districts Districts, which rows shall be inserted into that table in alphabetical order by use 80 category and shall read and appear in that table as follows: 81 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition Bio- medical facility P11 P11 P11 P11 82 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition Technology facility P P P P P P P P 83 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition Laboratory, medical related P P P P P P P P 84 SECTION 8. Amending the Text of Salt Lake City Code Section 21A.33.035. That the 85 Section 21A.33.035 of the Salt Lake City Code (Zoning: Land Use 86 Tables: Table of Permitted and Conditional Uses for Transit Station Districts) shall be and hereby is 87 88 provision 10, as follows: 89 LEGISLATIVE DRAFT 11. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive 90 waste as defined by the Utah Department of Environmental Quality administrative rules. 91 SECTION 9. Amending the Text of Salt Lake City Code Section 21A.33.040. That Section 92 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 93 Conditional Uses for Manufacturing Districts) shall be and hereby is amended to remove two 94 complete rows Laboratory (medical, dental, optical)t in the Table 95 of Permitted and Conditional Uses for Manufacturing Districts. 96 M-1 M-2 Laboratory (medical, dental, optical) P P Laboratory, testing P P 97 SECTION 10. Amending the Text of Salt Lake City Code Section 21A.33.040. That Section 98 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 99 Conditional Uses for Manufacturing Districts) shall be and hereby is amended to add four new rows 100 to the table for separate use categories titled, - 101 development f to the Table of Permitted and Conditional Uses 102 for Manufacturing Districts, which rows shall be inserted into that table in alphabetical order by use 103 category and shall read and appear in that table as follows: 104 M-1 M-2 Bio-medical facility P18 P18 105 M-1 M-2 Technology facility P 106 107 M-1 M-2 Laboratory, medical related P P 108 M-1 M-2 M-1 M-2 Data center P LEGISLATIVE DRAFT Research and development facility P P 109 SECTION 11. Amending the Text of Salt Lake City Code Section 21A.33.040. That the 110 Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use 111 Tables: Table of Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is 112 113 provision 17, as follows: 114 18. Prohibited within ½ mile of a residential use if the facility produces hazardous or 115 radioactive waste as defined by the Utah Department of Environmental Quality administrative 116 rules. 117 SECTION 12. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 118 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 119 Conditional Uses for Downtown Districts) shall be and hereby is amended to remove the complete 120 row Laboratory (medical, dental, optical)ble of Permitted and Conditional Uses for 121 Downtown Districts. 122 D-1 D-2 D-3 D-4 Laboratory (medical, dental, optical) P P P P 123 SECTION 13. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 124 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 125 Conditional Uses for Downtown Districts) shall be and hereby is amended to add four new rows to 126 the table for separate use categories titled, -f 127 development f to the Table of Permitted and Conditional Uses 128 for Downtown Districts, which rows shall be inserted into that table in alphabetical order by use category 129 and shall read and appear in that table as follows: 130 D-1 D-2 D-3 D-4 Bio-medical facility P17 P17 P17 P17 LEGISLATIVE DRAFT 131 D-1 D-2 D-3 D-4 Technology facility P P P P 132 D-1 D-2 D-3 D-4 Laboratory, medical related P P P P 133 D-1 D-2 D-3 D-4 Research and development facility P P P P 134 SECTION 14. Amending the Text of Salt Lake City Code Section 21A.33.050. That the 135 Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use 136 Tables: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is 137 138 qualifying provision 16, as follows: 139 17. Prohibited within ½ mile of a residential use if the facility produces hazardous or 140 radioactive waste as defined by the Utah Department of Environmental Quality administrative 141 rules. 142 SECTION 15. Amending the Text of Salt Lake City Code Section 21A.33.060. That Section 143 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 144 Conditional Uses for the Gateway District) shall be and hereby is amended to remove the complete 145 row Laboratory (medical, dental, optical)146 the Gateway District. 147 GMU Laboratory (medical, dental, optical) P 148 SECTION 16. Amending the Text of Salt Lake City Code Section 21A.33.060. That Section 149 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 150 Conditional Uses for the Gateway District) shall be and hereby is amended to add four new rows to 151 the table for separate use categories titled, - 152 LEGISLATIVE DRAFT me development f to the Table of Permitted and Conditional Uses 153 for the Gateway District, which rows shall be inserted into that table in alphabetical order by use category 154 and shall read and appear in that table as follows: 155 GMU Bio-medical facility P8 156 GMU Technology facility P 157 GMU Laboratory, medical related P 158 GMU Research and development facility P 159 SECTION 17. Amending the Text of Salt Lake City Code Section 21A.33.060. That the 160 Section 21A.33.060 of the Salt Lake City Code (Zoning: Land Use 161 Tables: Table of Permitted and Conditional Uses for the Gateway District) shall be and hereby is162 hall appear immediately succeeding 163 qualifying provision 7, as follows: 164 8. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive165 waste as defined by the Utah Department of Environmental Quality administrative rules. 166 SECTION 18. Amending the Text of Salt Lake City Code Section 21A.33.070. That Section 167 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 168 Conditional Uses for the Special Purpose Districts) shall be and hereby is amended to remove three 169 complete rows Dental laboratory/research facility,facility (medical), and 170 in the Table of Permitted and Conditional Uses for the Special 171 Purpose Districts. 172 R P BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Dental laboratory/ P P C C LEGISLATIVE DRAFT research facility 173 RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Research and developme nt facility P P P P C Research facility (medical) P P P P 174 SECTION 19. Amending the Text of Salt Lake City Code Section 21A.33.070. That 175 Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted 176 and Conditional Uses for the Special Purpose Districts) shall be and hereby is amended to add 177 four new rows to the table for separate use categories titled, io-178 f development f to the Table of 179 Permitted and Conditional Uses for the Special Purpose Districts, which rows shall be inserted into 180 that table in alphabetical order by use category and shall read and appear in that table as follows: 181 RP BP FP AG AG-2 AG-5 AG- 20 OS NOS A PL PL-2 I UI MH E I MU Bio- medical facility P23 P23 P23 P23 182 183 184 R P BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Technology facility P P P P 185 RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Data center P 186 187 RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU LEGISLATIVE DRAFT Laboratory , medical related P P P P P 188 RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Research and developme nt facility P P P P P 189 SECTION 20. Amending the Text of Salt Lake City Code Section 21A.33.070. That the 190 Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use 191 Tables: Table of Permitted and Conditional Uses for the Special Purpose Districts) shall be and 192 hereby is 193 succeeding qualifying provision 22, as follows: 194 23. Prohibited within ½ mile of a residential use if the facility produces hazardous or 195 radioactive waste as defined by the Utah Department of Environmental Quality administrative 196 rules. 197 SECTION 21. Amending the Text of Salt Lake City Code Section 21A.33.080. That Section 198 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 199 Conditional Uses in Form Based Districts) shall be and hereby is amended to remove three complete 200 rows Laboratory (medical, dental, optical)(medical/dental), and 201 in the Table of Permitted and Conditional Uses in Form Based 202 Districts. 203 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Laboratory (medical, dental, optical) P P P P 204 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Research and development facility P P P Research Facility, (medical/dental) P P P P 205 LEGISLATIVE DRAFT SECTION 22. Amending the Text of Salt Lake City Code Section 21A.33.080. That Section 206 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 207 Conditional Uses for the in Form Based Districts) shall be and hereby is amended to add four new 208 rows to the table for separate use categories titled, -f 209 development f to the Table of Permitted and 210 Conditional Uses in Form Based Districts, which rows shall be inserted into that table in alphabetical 211 order by use category and shall read and appear in that table as follows: 212 213 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Bio-medical facility P4 P4 P4 214 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Technology facility P P P P 215 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Laboratory, medical related P P P P 216 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Research and development facility P P P P 217 SECTION 23. Amending the Text of Salt Lake City Code Section 21A.33.080. That the 218 Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use 219 Tables: Table of Permitted and Conditional Uses on Form Based Districts) shall be and hereby is 220 all appear immediately succeeding 221 222 4. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive223 waste as defined by the Utah Department of Environmental Quality administrative rules. 224 SECTION 24. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 225 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 226 hereby is amend227 LEGISLATIVE DRAFT 228 229 Dental laboratory/research facility 230 Laboratory, medical, dental, optical 231 Laboratory, testing 232 Research facility, medical 233 Research facility, medical/dental 234 SECTION 25. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 235 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 236 hereby is amend237 in alphabetical order: 238 Bio-medical facility. 239 Laboratory, medical related. 240 Technology facility 241 SECTION 26. Amending the Text of Salt Lake City Code Section 21A.60.040. That Section 242 21A.60.040 of the Salt Lake City Code (Zoning: List of Terms: Definitions of Terms) shall be and 243 hereby is amended to remove the following definitions from the list of as 244 follows: 245 DENTAL LABORATORY/RESEARCH FACILITY: A laboratory used for research, development 246 and processing of on or off site orders, limited to medical and dental testing and precision 247 fabrication of dental articles worn by patients. 248 LABORATORY, MEDICAL, DENTAL, OPTICAL: A laboratory processing on or off site orders 249 limited to medical testing and precision fabrication of dental/optical articles worn by patients. 250 LABORATORY, TESTING: A use engaged in determining the physical qualities of construction, 251 medical or manufactured materials. This use does not include research laboratories 252 RESEARCH FACILITY, MEDICAL: A structure or group of structures used primarily for applied 253 and developmental research, where product testing is an integral part of the operation 254 LEGISLATIVE DRAFT and goods or products may be manufactured as necessary for testing, evaluation, and test 255 marketing.256 257 RESEARCH FACILITY, MEDICAL/DENTAL: A structure or group of structures used primarily 258 for applied and developmental medical and dental research, where product testing is an 259 integral part of the operation and goods or products may be manufactured as necessary for 260 testing, evaluation, and test marketing. 261 SECTION 27. Amending the Text of Salt Lake City Code Section 21A.60.040. That Section 262 21A.60.040 of the Salt Lake City Code (Zoning: List of Terms: Definitions of Terms) shall be and 263 hereby is amend264 and appear as follows: 265 RESEARCH AND DEVELOPMENT FACILITY: An establishment comprised of one or more A 266 structure or group of structures used primarily for applied and developmental research 267 conducted entirely indoors. where product testing is an integral part of the operation and goods 268 or products may be manufactured as necessary for testing, evaluation, and test marketing. The 269 use may include testing to determine the physical qualities of already manufactured materials or 270 materials used in the manufacturing of a prototype. Research and development facility is not a 271 bio-medical facility or light manufacturing. 272 SECTION 28. Amending the Text of Salt Lake City Code Section 21A.60.040. That Section 273 21A.60.040 of the Salt Lake City Code (Zoning: List of Terms: Definitions of Terms) shall be and 274 hereby is amended to add the following additional definitions, which shall be inserted into the 275 in alphabetical order: 276 BIO-MEDICAL FACILITY: An establishment that performs research and development in the 277 field of medicine and produces biologic, biomedical, or pharmaceutical products. A bio-medical 278 facility is not a hospital, health care facility, medical incinerator, or medical office. 279 280 DATA CENTER: An establishment that centralizes information technology operations and 281 equipment for the purposes of storing, processing, and disseminating data and applications. 282 283 LABORATORY, MEDICAL RELATED: An establishment that performs research and analysis of 284 medical tests and biologic samples collected for the purpose of medical diagnosis. A medical 285 related laboratory is not a bio-medical facility. 286 287 TECHNOLOGY FACILITY: An establishment that is engaged in research, development, 288 production, service, or related functions that uses technology to produce, deliver, or maintain 289 data, information, equipment, computers, or related accessories or services to others. A 290 technology facility is not a bio-medical facility or a research and development facility 291 LEGISLATIVE DRAFT SECTION 29. Effective Date. This Ordinance take effect immediately after it has been 292 published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code 293 §10-3-713. 294 Passed by the City Council of Salt Lake City, Utah this _______ day of 295 ______________, 2021. 296 ______________________________ 297 CHAIRPERSON 298 299 ATTEST: 300 301 ______________________________ 302 CITY RECORDER 303 304 305 Transmitted to Mayor on _______________________. 306 307 308 _______Approved. _______Vetoed. 309 310 311 ______________________________ 312 MAYOR 313 314 ______________________________ 315 CITY RECORDER 316 317 LEGISLATIVE DRAFT (SEAL)318 319 Bill No. ________ of 2021.320 Published: ______________.321 322 APPROVED AS TO FORM Date: _________________________________ By: ___________________________________ Hannah Vickery, Senior City Attorney 8/30/2020 ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2021-00511 Technology Related Land Use Text Amendments STAFF CONTACT: Nick Norris, Planning Director nick.norris@slcgov.com or 801-641-1728 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council adopt the proposal as recommended by the Planning Commission.. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This proposal was initiated by Mayor Erin Mendenhall to promote the development of the technology related industry in the City. The proposal updates the zoning code and does the following:  Adds Biomedical, Technology Facility, and Data Center as defined terms in the zoning code and adds the uses to the land use tables as permitted uses in specific zoning districts identified in the draft ordinance.  Adds a qualifying provision as a footnote to the land use tables related to Biomedical uses that would prohibit uses that produce hazardous waste from being located within ½ mile of a residential use.  Modifies and merges several defined land uses into one use called “Laboratory, related” and updates the land use tables as indicated in the draft ordinance.  Updates the defined land use “research and development facility” so the definition reflects the nature of the use and expands where the use is allowed in the land use tables of the zoning code. This proposal was initiated to help achieve several goals found in adopted planning documents of the city as well as identified in the Mayor’s 2021 Plan. The overall goal was to expand where tech related land uses could be in the city, specifically capitalizing on the biomedical uses that are created due to the proximity of the University of Utah. The full set of goals found in adopted plans can be found in the Planning Commission staff report. The changes were proposed because the uses are not defined in the code currently. This creates uncertainty for tech related uses and forces most of the uses into the industrial areas of the city. This results in the need for administrative interpretations that take time and staff resources, often for uses that are not more impactful than other similar uses already allowed in the underlying zoning districts. Time is important for perspective businesses looking to locate in the city. The proposed definitions are intended to be “general definitions” which are defined in the code as definitions that are intended to be applied broadly and to address a wide range of potential land uses. This proposal helps address that uncertainty and makes the code more predictable. Adding the proposed uses to mixed use zoning districts is based on the goals of multiple community plans to create more mixed-use neighborhoods throughout the city and provide jobs near where people live. Further research of other communities has found that there is a growing desire for tech related companies to be in places that are close to housing, restaurants, entertainment, transit, and cultural amenities. These factors were used to help identify where the uses were appropriate. The impacts of the potential uses were considered in determining the zoning districts where the uses would be acceptable. Few technology related land uses create impacts that are different than most general office uses. Some biomedical uses do produce hazardous waste. The proposal includes a provision that would prohibit biomedical uses that produce hazardous waste from being located within ½ mile of a residential use. Data Centers also could have a negative impact on mixed use areas where street engagement is important to promote vitality and walkability. Dat centers tend to have low numbers of employees and are in buildings with limited windows and entrances. This proposal only allows the use in the M-1, M-2, and BP zoning districts because the nature of those areas do not include creating more walkable and engaging pedestrian areas due to the large footprints of the buildings and the nature of the land use. The Salt Lake City Department of Sustainability provided a recommendation to the Planning Commission asking that all bio-medical uses provide either an air quality permit or an exemption from permit requirements from the Utah Department of Environmental Quality, Air Quality Division. This was recommended to help the city have a better idea of the level of emissions from bio-medical uses. The Zoning Ordinance already includes environmental performance requirements for air quality. The code requires applicants to provide copies of any required approval. However, it is difficult during the zoning review to know if a permit is required because it requires extensive knowledge of the air quality requirements adopted by the State of Utah. Requiring evidence does make administering the code and verifying compliance with the standard easier. The proposal also included updating medical laboratory related definitions. The code contains multiple variations of this use, which has created some confusion and difficulty in administering the code. This change was included in this proposal because some of the medical lab definitions blurred the lines with the biomedical definition, so more distinction was added to avoid confusion and make it easier to administer the code. The research and development land use are proposed to be updated because the use tends to not produce impacts that are different than most office uses. This is an existing land use definition in the code, but it was updated to better reflect the nature of the use and how the use has evolved over time. PUBLIC PROCESS: The Planning Division created an online storyboard to explain the proposal and provide a survey about the proposed uses. A link to the story map can be found here: HERE. The information and link are posted to the Planning Division Open House page and included in the notice to recognized organizations. Notice of the proposal was sent to all registered recognized organizations in the City. Two organizations requested a presentation on the proposal: The Downtown Alliance and the Sugar House Community Council. A summary of the input received can be found in the Planning Commission Staff Report. The survey was accessible from May 21, 2021 to July 31, 2021. The Planning Commission held a public hearing on August 25, 2021. Notice of the public hearing was sent to all registered recognized organizations and Trolley Square Associated (who requested notice of all zoning changes specifically effecting property the entity owns), was posted on the Planning Commission Agenda page, the State of Utah Public Notice page, and was emailed to the Planning Division email list. The Planning Commission voted unanimously to recommend that the City Council adopt the proposed text changes. Planning Commission (PC) Records a) PC Agenda for August 25, 2021 (Click to Access) b) PC Minutes of May 26, 2021 (Click to Access) c) Planning Commission Staff Report for August 25, 2021 (Click to Access Report) EXHIBITS: 1) Chronology 2) City Council Public Hearing Notice 3) Petition Initiation 4) Mailing Labels 1. CHRONOLOGY Chronology Petition Initiated May 12, 2021 Online Survey Opened May 21, 2021 Online engagement information posted May 24, 2021 45-day notice sent to recognized organizations May 25, 2021 Proposal routed for department review May 26, 2021 Downtown Alliance presentation June 30, 2021 Sugar House Community council presentation July 21, 2021 Engagement period ends July 31, 2021 Planning Commission agenda Published August 12, 2021 Planning Commission notice sent August 12, 2021 Planning Commission staff report posted August 19, 2021 Planning Commission public hearing August 25, 2021 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00511 Bio-medical, Technology Facility, Medical Laboratory, Research and Development Facility, and Data Center Zoning Text Amendment, initiated by Mayor Erin Mendenhall, that would add the proposed land uses to the land use tables and definitions of each land use to the zoning code. The proposal impacts zoning districts citywide and impacts multiple sections of Title 21A Zoning. Related provisions of Title 21A may also be amended as part of this petition. Information on this proposal can be found in the staff report prepared for the Planning Commission that can be found here: http://www.slcdocs.com/Planning/Planning%20Commission/2021/08.August/PLNPCM2 021-00511%20PC%20Staff%20report%20final.pdf As part of their study, the City Council will hold an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held electronically: DATE: Date #1 and Date #2 TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at https://www.slc.gov/council/ to learn how you can share your comments during the meeting. Comments may also be provided by calling the 24- Hour comment line at (801)535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal, please call Nick Norris at 801-641- 1728 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at nick.norris@slcgov.com. People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or relay service 711. 3. ORIGINAL PETITION SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174 PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS MEMORANDUM To: Mayor Erin Mendenhall Cc: Lisa Shaffer, Chief Administrative Officer; Blake Thomas, Department of Community and Neighborhoods Director; Ben Kolendar, Economic Development Director; Michaela Oktay, Deputy Planning Director From: Nick Norris, Planning Director Date: April 30, 2021 Re: Initiating a zoning amendment to implement the tech corridor goal in the Mayor’s 2021 Plan. The Planning Division would like to request that a zoning text amendment be initiated to update the zoning code to support the implementation of the City’s adopted policies related to economic development and the 2021 Plan goals of advancing Tech Lake City and expanding the life science industry in Salt Lake City. The Department of Community and Neighborhoods has been working with the Economic Development Department to identify the current barriers in the zoning code to accomplish this goal. We are now ready to start a public process to remove these barriers. The proposal would include adding new tech related land use definitions to the code, updating existing definitions, and adding the new uses to the tables of permitted and conditional uses in appropriate zoning districts. The desired result is to make it quick, easy, and less time consuming for tech related land uses to be established, expanded, and contribute to the overall goals of the city. The process will include an engagement process led by the Department of Economic Development that includes the community, industry stakeholders, and other interested parties. Through the Health Care Innovation Blueprint Initiative, Clark Cahoon will be convening the Physical Capital (Real Estate & Infrastructure) subcommittee led by Danny Walz and the Regulatory & City Led Efforts subcommittee led by Blake Thomas to bring together stakeholders in the business community across the city to get feedback on the proposed zoning changes. The Planning Division will help coordinate outreach through the city’s Recognized Organizations. After the proposal is vetted through the engagement process, the proposal will be presented to the Planning Commission for a public hearing and transmitted to the City Council. The anticipated timeline is approximately 60 days for the public engagement process and 30 days for the Planning Commission. The timeline is subject to available workloads of staff participating on the project, planning commission agenda process, and if any unforeseen issues arise as part of the engagement process. The proposal includes adding general definitions for at least the following uses: • Bio-Medical: research, diagnostic, laboratories, manufacture of biologic, biomedical, pharmaceutical products. • Technology Facility: research, development, production, service, and related functions that use technology to produce, deliver, or maintain data, information, equipment, computers and related accessories, or services to other entities and the public. l Page 2 The proposal will update other related land use definitions in the code by modifying or consolidating other defined uses that are more specific and which may create unforeseen barriers in the future. The new and updated land use definitions will be added to the land use tables so they are permitted uses in zoning districts that have the following characteristics: • Allow a broad mix of residential, commercial, and entertainment uses to support employees. • In industrial areas when the use includes manufacturing and distribution. • Near transit lines. • In areas of the city that are more walkable. This memo includes a signature block to initiate the petition if that is the decided course of action. If the decided course of action is to not initiate the application, the signature block can remain blank. Please notify the Planning Division when the memo is signed or if the decision is made to not initiate the petition. Please contact me at ext. 6173 or nick.norris@slcgov.com if you have any questions. Thank you. Concurrence to initiate the zoning text amendment petition as noted above. _____________________________________ ______________ Erin Mendenhall, Mayor Date May 12, 2021 4. MAILING LABELS OWN_FULL_NAME OWN_ADDR OWN_CITY OWN_STATE OWN_ZIP Douglas F White 630 East South Temple Slat Lake City UT 84102‐1102 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 16, 2021 RE: Temporary Land Use Regulation Motion 1 – I move that the Council adopt an ordinance enacting temporary zoning regulations authorizing a temporary overflow homeless shelter use at approximately 1659 West North Temple Street, subject to a restriction that the temporary certificate of occupancy is not issued until: A perimeter fence around the building is completed; also The security and operations plan has been submitted to the City I further move the Salt Lake City Police Department work with other law enforcement agencies to develop a collaborative plan to provide public safety services in the area surrounding the temporary shelter. I further move that, to the extent possible, the Administration utilize the resources of the Salt Lake City Economic Development Department to work with businesses in the immediate area to help mitigate the impact to them from the temporary shelter. I further move the Council initiate a legislative action asking the Administration review and come back with recommendations for prohibiting temporary shelters until other jurisdictions in Salt Lake County permit them. Motion 2 – I move that the Council not adopt the ordinance. SALT LAKE CITY ORDINANCE No. ____ of 2021 (An Ordinance Enacting Temporary Zoning Regulations Authorizing Temporary Overflow Homeless Shelter Use at 1659 West North Temple Street) WHEREAS, Section 10-9a-504 of the Utah Code permits a municipality, without prior consideration and recommendation from the municipality’s planning commission, to enact a temporary land use regulation for any part or all of a municipality if the governing body makes a finding of compelling countervailing public interest; and WHEREAS, in late 2019 three new shelter sites funded significantly by the State of Utah (the “three new shelters”) were open to provide a new dispersed model for providing sleeping accommodations and resources for individuals experiencing homelessness; and WHEREAS, Salt Lake City (“City”), Salt Lake County (“County”), the State of Utah (“State”), and community organizations have worked cooperatively over the past five years to address the rise in numbers of persons experiencing homelessness; and WHEREAS, despite the efforts at various levels of government, the number of individuals experiencing homelessness and the efforts to address the needs of those experiencing homelessness has been compounded by the economic, humanitarian, and public health crisis stemming from the global COVID-19 pandemic, the affordable housing crises, the ongoing opioid epidemic, and other various rising social crises that create economic disparities; and WHEREAS, homelessness is not an issue to be addressed only by those municipalities where shelters are currently located; and WHEREAS, the City is hopeful that other local governments in the Salt Lake Valley and surrounding areas will acknowledge that all jurisdictions have an obligation to shelter those who are experiencing homelessness and will do their part to achieve solutions to the challenges presented by homelessness; and WHEREAS, the City finds that it is critical for the State to increase funding for mitigation of homelessness-related impacts and urges the State to do so, potentially from a source other than the centralized mitigations funds; and WHEREAS, assistance from other jurisdictions’ law enforcement agencies such as the Utah Highway Patrol and the Salt Lake County Sheriff/Unified Police District to patrol the area near the proposed temporary overflow homeless shelter would help to alleviate the burden on Salt Lake City Police Department resources, in light of the issue’s regional significance; and WHEREAS, before the effective date of this ordinance, the operator of the proposed temporary overflow homeless shelter (“Operator”) located at 1659 West North Temple Street (“Property”) will provide a commitment to the City that, by mid-March, Operator will forward a plan to the appropriate State entities to request funding to shelter persons experiencing homelessness during winter 2022 that does not include emergency overflow shelter in Salt Lake City; and WHEREAS, the City is committed to ensuring that persons experiencing homelessness have access to shelter during these winter months when cold temperatures are often extreme during the night in the Salt Lake Valley; and WHEREAS, exposure to extreme cold temperatures can cause death, and in the past has caused deaths among unsheltered persons experiencing homelessness in Salt Lake City and other nearby communities; and WHEREAS, in order to mitigate the spread of COVID-19 among those experiencing homelessness it is necessary to promote social distancing practices and avoid over concentrating any one particular shelter location with those individuals experiencing homelessness; and WHEREAS, the City Council desires to allow: for a period not to extend past April 15, 2022, overnight sleeping accommodations at 1659 West North Temple Street provided on an emergency basis when additional shelter beds beyond those provided by the three new shelters is necessary to provide shelter to individuals experiencing homelessness (a “temporary overflow homeless shelter use”), subject to the provisions herein; and WHEREAS, the Salt Lake City Council finds that authorizing additional space where a temporary overflow homeless shelter use is allowed encourages and further promotes responsible social distancing practices among the population experiencing homelessness, especially during the winter months when individuals tend to remain indoors for the significant portions of each day; and WHEREAS, the Salt Lake City Council finds that protecting lives from the potentially deadly consequences of severe winter weather and providing responsible socially distant housing for the City’s unsheltered population during the pandemic constitutes a compelling, countervailing public interest which justifies a temporary land use regulation; and WHEREAS, the Salt Lake City Council intends for this temporary ordinance to be effective only during the 2021-2022 winter season and only until April 15, 2022; and WHEREAS, the Salt Lake City Council encourages the State, County, public interest groups, other cities, and community organizations to continue to work together with the City to proactively address the causes and effects of the myriad of social, economic, humanitarian, and public health crises that continue to increase the number of individuals experiencing homelessness and compound the efforts to address the needs of those experiencing homelessness; and WHEREAS, the Salt Lake City Council encourages other cities in Utah to permit shelter locations in their communities; and WHEREAS, the Salt Lake City Council understands the County, State, Service Providers and other stakeholders are currently working on plan to identify potential locations in Salt Lake Valley for a permanent overflow facility, Salt Lake City encourages stakeholder to diligently work to have this plan be fully funded and implemented in time for next winter; and WHEREAS, the Operator and Community Stakeholders have committed to applying for funding to pay the additional costs the City will incur due to the increased police patrols that will be needed in the area to maintain public safety; and WHEREAS other governmental entities are being encouraged to provide support in the form of funds or staffing to assist with public safety. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:   SECTION 1. Finding of Compelling Countervailing Public Interest. Pursuant to Section 10-9a-504 of the Utah Code, the City Council finds that protecting lives from the potentially deadly consequences of severe winter weather and providing safe, socially distant housing for the City’s unsheltered population during the pandemic constitutes a compelling, countervailing public interest sufficient to justify these temporary land use regulations.   SECTION 2. Location. These temporary land use regulations shall apply to the property located at 1659 West North Temple Street which is currently operated as a motel.   SECTION 3. Uses Authorized. A temporary overflow homeless shelter use at the location identified in Section 2 above is hereby authorized subject to the conditions listed in Section 4.   SECTION 4. Conditions. The temporary use of the location for an overflow shelter is authorized subject to the following: a. The structure to be used for temporary overflow homeless shelter use shall meet all building and fire code requirements for such use unless other reasonable means or methods are approved, in writing, by the Fire Marshal and/or the Chief Building Official. A decision on whether a plan for alternative means and methods under this section provides sufficient assurance for life safety protection shall be made in the sole discretion of the Building Official and/or Fire Marshall and shall not be appealable. b. The Provider will maintain a staff to client ratio of about 1 staff to 25 clients during daily periods of peak activity, always ensuring compliance with minimums set forth in state licensing code. Overflow operator will notify the city when staffing levels may drop below approved ratios and provide plans to maintain safety and security until levels can be regained. Security guards may not be counted as part of this staffing ratio. c. The overnight occupancy, including supervisory staff, shall not exceed the occupancy limits identified in a temporary certificate of occupancy issued by the City, but in no case shall the number of overnight occupants exceed 250 individuals, excluding staff. In cases where, due to extreme weather and lack of available beds in the emergency system, the Operator may increase the number of sleeping accommodations in predetermined spaces in the facility overnight up to the maximum occupancy allowed by the Fire Marshal. Operator must report the use of additional spaces to Salt Lake City Mayor’s Office, the Salt Lake City Council Office, and City’s Chief Building Official within 24 hours of the Operator utilizing the additional sleeping accommodations. Such temporary certificate of occupancy must be issued prior to any overnight occupancy of the building. d. Operator shall submit a security and operations plan that meets the requirements set forth in Subsection 21A.36.350.A.2 of the Salt Lake City Code. In addition to the requirements in that subsection, the security and operations plan shall address the impacts of the proposed temporary overflow homeless shelter for up to ¼ mile from the Property, and identify actions to mitigate those impacts including, but not limited to: i. Employing two to three security personnel 24 hours per day, 7 days per week to regularly patrol the premises of the Property; ii. Coordinating with law enforcement agencies to patrol public areas within a ¼ mile radius of the facility; iii. Documenting security patrols, which shall demonstrate an increase in the current level of service; and iv. Communicating with the Salt Lake City Police Department frequently including coordinating with the SLCPD’s use of CompStat information to ensure public nuisance issues are mitigated. e. Operator shall obtain or prepare a CPTED review of the Property. f. Operator shall obtain or prepare a fire structural review for long term residents. g. The temporary overflow homeless shelter shall ensure that fencing is installed on the Property to provide controlled access to areas where patrons of the temporary shelter will stay. Installed fencing may be up to 6 feet tall in all areas of the Property during the period that this temporary land use is in effect, but any fencing that exceeds allowable fence heights or otherwise do not comply with the requirements set forth in Salt Lake City Code Section 21A.40.120 shall be removed on April 15, 2022. h. The Operator shall require all patrons of the temporary overflow homeless shelter to check in and check out and maintain an accurate log of those staying at the facility. i. The Operator shall require all visitors to patrons of the temporary overflow homeless shelter to register with the main officer when entering and existing the facility and are subject to possession being searched. j. The Operator will provide two to three meals per day to residents of the facility. k. The Operator will provide onsite laundry services for clients of the facility. l. The Operator will provide a shuttle to help transport clients to other services and providers they need to visit. m. Operator shall not receive a temporary certificate of occupancy until the fencing described herein is installed and a security and operations plan described above is approved in accordance with Salt Lake City Code Section 21A.36.350.   SECTION 5. Duration. This temporary zoning ordinance shall remain in effect until April 15, 2022 unless earlier amended, modified, or repealed.   SECTION 6. Effective Date. This Ordinance shall take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713.   Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________.   Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. TLUR overflow shelter Ramada 11.16.2021 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Paul Nielson, Senior City Attorney Paul Nielson (Nov 16, 2021 19:13 MST) Nov 16, 2021 TLUR overflow shelter Ramada 11.16.2021 Final Audit Report 2021-11-17 Created:2021-11-17 By:Cindy Trishman (cindy.trishman@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAoZwIGD1kczmNMCQGZWQt7bXPMrbJ4hQA "TLUR overflow shelter Ramada 11.16.2021" History Document created by Cindy Trishman (cindy.trishman@slcgov.com) 2021-11-17 - 2:10:56 AM GMT Document emailed to Paul Nielson (paul.nielson@slcgov.com) for signature 2021-11-17 - 2:11:35 AM GMT Email viewed by Paul Nielson (paul.nielson@slcgov.com) 2021-11-17 - 2:13:14 AM GMT Document e-signed by Paul Nielson (paul.nielson@slcgov.com) Signature Date: 2021-11-17 - 2:13:31 AM GMT - Time Source: server Agreement completed. 2021-11-17 - 2:13:31 AM GMT Item I1 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: Russell Weeks Senior Advisor DATE:November 16, 2021 RE: MOTION SHEET – RESOLUTIONS: TO DESIGNATE THE CENTRAL BUSINESS IMPROVEMENT ASSESSMENT AREA (CBIA -22); TO APPOINT A BOARD OF EQUALIZATION AND SET BOARD OF EQUALIZATION HEARING DATES MOTION 1 – To Adopt the Resolutions I move that the Council adopt the resolutions: A.Designating an assessment area to be known as the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA22, as described in the Notice of Intention to Designate Assessment Area (the “Notice of Intention”); Authorizing City officials to proceed with the implementation of the economic promotion activities as described in the Notice of Intention; and related matters. B. Appointing a Board of Equalization for the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22, including the appointment of Jennifer Bruno, Ben Luedtke, or Nick Tarbet as Council representation as needed; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments, and any arguments from persons claiming to be aggreived; authorizing the City Recorder to publish and mail a Notice of Assessment and Board of Equalization Hearings; and related matters. 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: Russell Weeks Senior Advisor DATE:November 17, 2021 at 4:22 PM RE: RESOLUTIONS: TO DESIGNATE THE CENTRAL BUSINESS IMPROVEMENT ASSESSMENT AREA (CBIA -22); TO APPOINT A BOARD OF EQUALIZATION, AND SET BOARD OF EQUALIZATION HEARING DATES ISSUE AT-A-GLANCE Goal of the briefing: To update the City Council on the status, context of two proposed resolutions to designate the Central Business Improvement Assessment Area, and to appoint a board of equalization and set dates the board will meet to hear from property owners. This item also is scheduled for formal consideration at the City Council’s meeting. Due to the single written protest received by the deadline to file written protests, one motion to adopt the ordinance is included in an attached motion sheet. City Recorder Cindy Lou Trishman will orally report the results of received protests at the Council’s formal meeting before the City Council considers the resolutions for adoption. The two resolutions are the next to last legislative steps toward creating an assessment area for what is known as the Central Business District. The current assessment area expires April 21, 2022. The Administration would like to initiate another assessment area that would start the same day the current assessment area expires to seamlessly continue the collection of assessment funds within the defined downtown boundary area. The City Council held a public hearing September 7 on a notice of intention to create the proposed assessment area. The Council closed the public hearing after no one from the public spoke. The public hearing led the way to the resolutions now before the City Council. Item Schedule: Briefing: July 13, 2021 Set Date: Public Hearing: September 7, 2021 Potential Action: November 16, 2021 Page | 2 The deadline for filing written protests to the creation of the proposed district was 5 p.m., November 8. The City published the results of the protests on November 9. The results are: One (1) written protest to the base assessment – although the protest cited the lack of holiday lighting as the reason for the protest. (Please see attachment from the City Recorder’s Office.) To recap: o The commercial property assessments have a base assessment, based on taxable commercial property values. Some downtown commercial properties have an additional assessment where winter holiday lighting is placed on streets. That assessment is based on linear footage. It might be noted that street corner properties involved in the holiday lighting assessment are assessed only for one of the two sides of a corner. o The total assessment revenue over three years would be $5,251,285.1 It might be noted that the total figure includes $177,378 in revenue for the smaller holiday lighting assessment. The holiday lighting assessment is based on 13,870 linear feet times $12.79 per linear foot.2 o Minus the holiday lighting assessment, the annual projected assessment revenue for the proposed assessment area would be $1,691,300 in each of the three years. The proposed assessment rate for the property is .00142. It might be noted that the proposed rate in the year 2000 was .001425.3 The proposed resolutions do five things: I. One resolution acknowledges the amount of written protests received at the end of a 60-day protest period that ended November 8. II. It also designates the assessment area “to levy assessments to finance the costs of the Economic Promotion Activities” within the area. III. The other resolution establishes a board of equalization to hear from property owners about effects assessments may have on the owners’ individual properties. IV. It schedules board of equalization meetings on January 11, 12, and 13 in 2022. V. It also authorizes the City Recorder to publish and mail notices of assessment to property owners and the board of equalization hearing schedule. The final legislative step for the City Council tentatively will occur on March 1, 2022. The Council would accept or modify the board of equalization’s recommendations, and adopt or reject, an assessment ordinance.4 It should be noted that simultaneous with the release of the written protest figures on November 9, the Administration issued a request for proposals for interested parties to manage economic promotion programs in the assessment area. The Downtown Alliance has managed programs in the assessment area since the area first was created nearly 30 years ago. However, City policy has required the City to seek proposals every six years. Contracts with the downtown program managers are for three years, but the contracts usually include an automatic renewal clause to occur in the second three years a program manager is under contract. ADDITIONAL & BACKGROUND INFORMATION Page | 3 Assessment Area Under Utah Law, if property owners representing 40 percent or more of the aggregate taxable value of commercial property within the assessment area object to the area’s creation, the base assessment may not be imposed. Similarly, if the property owners representing 40 percent or more of the total linear footage identified for the holiday lighting assessment area object to its creation, the lighting assessment may not be imposed. The City Council has the option to reduce the boundaries of the proposed assessment area – but the Council cannot increase them. Again, the City Recorder’s Office received one written protest to the creation of the base assessment area, but the written protest cited the lack of holiday lighting in front of the property as the main reason for the protest. According to the Administration, the 2020 value of nonexempt taxable property in the assessment area is $3.573 billion.5 That compares to a 2018 taxable property valuation of $ 3.314 billion.6 Here are the boundaries of the base commercial property assessment area as described in the assessment resolution: A – North Temple from State Street to the East right-of-way line of I-15 (includes parcels on both sides of the street) B – East right-of-way line of I-15 from North Temple to 400 South C – 400 South from the East right-of-way line of I-15 to 300 East (includes parcels on both sides of the street) D – 300 East from 400 South to South Temple (includes parcels on both sides of the street) E – South Temple from 300 East to State Street (includes parcels on both sides of the street) F – State Street from South Temple to North Temple (includes parcels on both sides of the street) Here are the boundaries of the holiday lighting assessment area as described in the holiday lighting resolution. A – 200 South between 300 West and 400 West B – 200 South between West Temple and 200 West (South side only) C – Pierpont Street between West Temple and 200 West D – West Temple between 400 South and 200 South E – Main Street between 400 South and South Temple F – Market Street between West Temple and Main Street (North side only) G – State Street between 400 South and South Temple Three other things might be noted: Properties below $20,000 in valuation as well as residential, ecclesiastical and government owned properties are exempt from the assessments, except for exempted properties whose owners agree in writing to be assessed. For the holiday lighting assessment, owners of corner properties would be assessed for the linear footage of one of the two streets fronting their properties instead of for both streets. In August the Department of Economic Development said the Department had mailed 1,424 notices to 712 property owners within the proposed assessment area. The mailing addresses were taken from the Salt Lake County Assessor’s Office list of property owners within the proposed area. Roughly 27 percent – 381 notices – were returned by the end of August as undeliverable either because of an incorrect address, or the person listed as the owner no longer was at the address on the notice. The Department kept all the returned notices for reference if a property owner indicates having not received a notice. The proposed resolution includes a list of property owners in the assessment area and their addresses. Page | 4 Board of Equalization Because the single written protest and the percentage of property it represents did not meet the legal threshold to stop the assessment areas from being formed, the second resolution involves establishing a board of equalization and setting dates for that board to meet. The function of the board of equalization is “to hear and consider any arguments from persons who claim to be aggrieved and, following the hearings, to consider all facts and arguments presented at the hearings, and to and make corrections to the proposed assessments that the Board may deem necessary to meet the requirements” of Utah law, according to the resolution. The proposed resolution would appoint a three-member panel. The panel will be made up of “one member of the City Council or a representative of the City Council; a representative of the City Treasurer’s Office; and a representative of the City Engineer’s Office.” The proposed resolution names Marina Scott and Steven Bagley as representatives of the Treasurer’s Office, and Chris Norlem as the representative of the Engineer’s Office. The proposed resolution leaves the City Council Member or the Council’s representative up to the Council to determine. According to the resolution, “After the Board has held all hearings and has made all corrections the Board considers necessary to comply with the law, the Board will report its findings to the City Council of the City. Appeal from a decision of the Board of Equalization may be taken to the City Council of the City by filing with the City Council a written notice of appeal in the office of the City Recorder within fifteen (15) days after the date the Board’s final report to the City Council is mailed to the affected property owners.” 1 Administration Transmittal, Ben Kolendar, June 22, 2021, Page 2. 2 Administration Transmittal, Ben Kolendar, June 22, 2021, Page 2. 3 Memo, Motion Options for Proposed Renewal of Central Business Economic Improvement District DA-CBID-00, November 30, 2000. 4 Administration Transmittal, September 17, 2021, Page 3. 5 Administration Transmittal, Ben Kolendar, June 22, 2021, Page 2. 6 City Council staff report, Notice of Intention to Create Central Business Improvement Area, Russell Weeks, August 9, 2018, Page 3. CINDY LOU TRISHMAN CITY RECORDER ERIN MENDENHALL MAYOR LOCATION: 451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH 84111 MAILING ADDRESS: PO BOX 145515, SALT LAKE CITY, UTAH 84114-5515 TELEPHONE: 801-535-7671 FAX: 801-535-7681 November 9, 2021 To Whom It May Concern: Please see the statement below regarding documentation or calculation of any and all Central Business Improvement Area 2022 (CBIA-22) protests files with the Office of the City Recorder of Salt Lake either in person during regular business hours or by mail on or before 5:00 p.m. on November 8, 2021. One property filed a protest. Total Estimated Based Assessment of the property: $1,113.90 Total Estimated Holiday Lighting Assessment of property: None Notice of the protests received will be published on the Utah Public Meeting Notice site under the City Recorder, and the City website. Please see the enclosed protest and tracking sheet as information for the record. Should you have any questions and desire additional information, please contact me at (801) 535-6223. Sincerely, Cindy Lou Trishman City Recorder September 13, 2021 Date Property Owner Parcel Address or Parcel Number Description of ProtestEstimated Base AssessmentEstimated Holiday Lighting Assessment13‐Sep‐21H&M Elite International Consulting15‐01‐285‐041‐000Holiday lights not a benefit for the specific property location $                1,113.90  None 11/9/2021CBIA‐22.xlsx DEPARTMENT of ECONOMIC DEVELOPMENT ERIN MENDENHALL MAYOR BEN KOLENDAR DIRECTOR CITY COUNCIL TRANSMITTAL Date Received: ___________ ___________________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: ___________ ___________________________________________________________________ TO: Salt Lake City Council DATE: September 17, 2021 Amy Fowler, Chair FROM: Ben Kolendar, Director - Department of Economic Development SUBJECT: Resolution to Designate the Central Business Improvement Assessment Area (CBIA -22) and to Appoint a Board of Equalization (BOE) and set Board of Equalization hearing dates. STAFF CONTACTS: Lorena Riffo Jenson, Deputy Director, Lorena.riffojenson@slcgov.com Jolynn Walz, Office Manager, jolynn.walz@slcgov.com William Wright, Project Coordinator, William.wright@slcgov.com DOCUMENT TYPE: Resolution RECOMMENDATION: Adopt the Resolution to Designate the Central Business Improvement Area 2022 (CB1A-22) and create a Board of Equalization (BOB). BUDGET IMPACT: The CBIA-22 would be funded through Special Assessment. COORDINATION: Economic Development, Treasurer’s Office, Engineering, Recorders Office, City Council, Mayor’s Office, Attorney’s Office & Bonneville Research Consultant BACKGROUND/DISCUSSION: Salt Lake City established the Central Business Improvement Area (CBIA) in 1991 as a mechanism to fund marketing, promotions, advocacy, and other initiatives in Downtown Salt Lake City through a special assessment on property within a designated area. The current assessment area, CBIA-19, expires April 21, 2022. The Administration wishes to initiate another assessment area, CBIA-22, by April 22, 2022 to continue the collection of assessment funds within a defined downtown boundary area. This allows for the continuation of Lisa Shaffer (Sep 23, 2021 15:00 MDT) 09/23/2021 09/23/2021 marketing, promotion, advocacy, and other benefits that have and will accrue to the City and downtown property owners and businesses through services provided by the RFP recipient contractor (currently the Downtown Alliance). The special assessment also funds an ambassador’s program in Downtown Salt Lake City. The goal of the ambassador program is to promote economic growth by increasing local business activity through in-person wayfinding assistance for visitors and connecting the City’s homeless population with available resources. If approved, the Administration would like to continue this program and use the downtown special assessment area as a continued funding source. Since the inception of the CBIA, commonly known as a Business Improvement District or Special Assessment Area, the funds collected for the Area have been used to fund the Downtown Alliance under a contract with Salt Lake City Corporation. The contract with the Downtown Alliance will expire with the current CBIA-19 and the Administration will announce an RFP which will use the proceeds of this assessment for a contractor to do the work the Downtown Alliance currently does. The Downtown Alliance will be able to submit for the RFP. The creation of the CBIA is a lengthy and complex process that is governed by State law, has numerous noticing provisions, public hearings, and other requirements that involve a variety of City Council actions, in order to meet the deadline for continuous funding from the Area. Board of Equalization: As required by law, a Board of Equalization for the Assessment Area is appointed by the City Council. The Board will consist of representatives from the City Council Office, City Treasurer’s Office, and City Engineer’s Office. The Board of Equalization will meet to hear and consider any arguments from persons or property owners who claim to be aggrieved. They will consider all facts and arguments presented at the hearings and make corrections to the proposed assessments when necessary. The Board may elect to hold the meetings in-person at the City & County Building in room 326 or electronically. Property owners who desire to protest the assessment area have to provide a written protest to the City by November 8, 2021, during the 60-day protest period. The Board of Equalization Hearings Schedule: January 11, 2022 - between 9:00 a.m. and 10:00 a.m. January 12, 2022 - between 10:00 a.m. and 11:00 a.m. January 13, 2022, - between 1:00 p.m. and 2:00 p.m. Previous Action/discussion by the Council concerning the CBIA-22: ● April 20, 2021 – Informational: Central Business Improvement Area 2022 ● July 13, 2021 – Resolution: Intention to Designate Central Business Improvement Area 2022 ● July 20, 2021 – Adoption: Resolution Intention to Designate Central Business Improvement Area 2022 Remaining Proposed Council Actions: ● November 16, 2021 - City Council announces the protest tally and if it exceeds the threshold; City Council adopts the Resolution to Designate the Assessment Area and appoints the Board of Equalization ● March 1, 2022 - City Council accepts or modifies the BOE recommendations and adopts or rejects the Assessment Ordinance Attachments: ● Resolution to Designate ● Resolution to Appoint Board of Equalization ● Boundary Map ● Holiday Lighting Parcel Map ● CBIA-22 Timeline Designation Resolution Salt Lake City, Utah November 16, 2021 A regular meeting of the City Council of Salt Lake City, Utah (the “City”), was held on Tuesday, November 16, 2021, at 7:00 p.m., via electronic means, at which meeting there were present the following members who constituted a quorum: Amy Fowler Chair James Rogers Vice-Chair Dan Dugan Councilmember Ana Valdemoros Councilmember Dennis Faris Councilmember Darin Mano Councilmember Chris Wharton Councilmember Also present: Erin Mendenhall Mayor Katherine Lewis City Attorney Cindy Lou Trishman City Recorder Absent: Thereupon the following proceedings, among others, were duly had and taken: Pursuant to published and posted notice concerning the intent of the City to designate the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22 (the “Assessment Area”), a public hearing was held on September 7, 2021, at which interested persons were heard concerning comments or objections relating to the Assessment Area. On the date hereof, the City Council has counted the written protests and calculated whether adequate protests have been filed. The City Council then announced the protest tally and determined that adequate protests were not filed with respect to the Base Assessment or the Holiday Lighting Assessment (as such terms are used in Resolution 25 of 2021 adopted by the City Council on July 20, 2021 (the “Intent Resolution”)) and therefore the City Council may designate the Assessment Area as described in the Intent Resolution. The City Council then concluded that the public interest will best be served by designating the Assessment Area. 4828-2501-6059, v. 3 2 Designation Resolution Councilmember __________ then moved and Councilmember ___________ seconded the adoption of the following resolution. The resolution was adopted by the following vote: AYE: NAY: 4828-2501-6059, v. 3 3 Designation Resolution RESOLUTION NO. ____ OF 2021 A Resolution designating an assessment area to be known as the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA- 22, as described in the Notice of Intention to Designate Assessment Area (the “Notice of Intention”); Authorizing the City officials to proceed with the implementation of the economic promotion activities as described in the Notice of Intention; and Related Matters. BE IT RESOLVED BY THE City Council (the “Council”) of Salt Lake City, Utah (the “City”), as follows: WHEREAS, pursuant to the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the “Act”), on July 20, 2021, the Council adopted a resolution of intention to designate an assessment area to be known as the “Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22” (the “Assessment Area”), and after giving notice as required by the Act, held a public hearing on September 7, 2021 (the “Public Hearing”), at which interested persons were given an opportunity to provide objections relating to said Assessment Area; and WHEREAS, pursuant to the Act, the City posted the total and percentage of the written protests it had received on its website at least five days before the date of this meeting; and WHEREAS, pursuant to Section 11-42-206 of the Act, and consistent with the Notice of Intention, the Council now desires to designate the Assessment Area. BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows: Section 1. The Council has determined that it will be in the best interest of the City to finance the proposed activities, which include, but are not limited to, advertising, marketing, special events, festivals, transportation, newsletters, publications, banners, Christmas lighting, security, special projects, housing, town meetings, government policy, cultural promotion, reports, surveys, homeless services and other promotional activities (the “Economic Promotion Activities”) in the downtown area for the benefit of the properties within the Assessment Area. The Council has also determined that the Economic Promotion Activities will benefit all properties within the Assessment Area to the extent of their proposed assessment. Section 2. The City hereby designates the Assessment Area to levy assessments to finance the costs of the Economic Promotion Activities. Section 3. The tax identification numbers and additional information of the properties to be assessed within the Assessment Area are more fully set forth in Exhibit B attached hereto. The Assessments to finance the cost of the Economic Promotion Activities will be levied based upon (i) 2021 taxable property values of the properties to be assessed in the Assessment Area (the “Base Assessment”), plus (ii) linear feet (except that corner lots will not be assessed for both frontages as applicable, only one) on certain properties 4828-2501-6059, v. 3 4 Designation Resolution with frontage on the Holiday Lighting Streets (as defined in the Notice of Intention) for special holiday lights (the “Holiday Lighting Assessment”). The Assessment Area is described by reference to the following streets (the “Reference Streets”): A – North Temple from State Street to the East right-of-way line of I-15 (includes parcels on both sides of the street) B – East right-of-way line of I-15 from North Temple to 400 South C – 400 South from the East right-of-way line of I-15 to 300 East (includes parcels on both sides of the street) D – 300 East from 400 South to South Temple (includes parcels on both sides of the street) E – South Temple from 300 East to State Street (includes parcels on both sides of the street) F – State Street from South Temple to North Temple (includes parcels on both sides of the street) The area of the Assessment Area shall include all property bounded by Reference Streets A through F described above. In addition it shall include parcels of property, subject to the exceptions set out in the Notice of Intention, which abut the Reference Streets plus all corner parcels which have a corner touching any of the Reference Streets. The Holiday Lighting Assessment shall apply to the following streets (collectively, the “Holiday Lighting Streets”): A – 200 South between 300 West and 400 West B – 200 South between West Temple and 200 West (South side only) C – Pierpont Street between West Temple and 200 West D – West Temple between 400 South and 200 South E – Main Street between 400 South and South Temple F – Market Street between West Temple and Main Street (North side only) G – State Street between 400 South and South Temple Section 4. As required by law, within fifteen (15) days from the date hereof, the City Recorder is hereby authorized and directed to (a) record in the Salt Lake County Recorder’s office an original or certified copy of this Resolution designating the Assessment Area, and (b) file in the Salt Lake County Recorder’s office a Notice of Proposed Assessment, in substantially the form of Exhibit C hereof, which states that the Council has designated the Assessment Area and which lists the properties proposed to be assessed, described by legal description and tax identification number. 4828-2501-6059, v. 3 5 Designation Resolution After the conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. (SEAL) By:_________________________________ Chair ATTEST: By: City Recorder APPROVED AS TO FORM: ____________________________________ Boyd Ferguson Senior City Attorney Boyd Ferguson 4828-2501-6059, v. 3 6 Designation Resolution 4828-2501-6059, v. 3 7 Designation Resolution PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for her approval or disapproval on ____________, 2021. By: Chair MAYOR’S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved on this _____________, 2021. By: Mayor 4828-2501-6059, v. 3 8 Designation Resolution STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) I, Cindy Lou Trishman, the duly appointed and qualified City Recorder of Salt Lake City, Utah (the “City”), do hereby certify according to the records of the City Council of the City in my official possession that the foregoing constitutes a true and correct excerpt of the minutes of the meeting of the City Council held on November 16, 2021, including a resolution (the “Resolution”) adopted at said meeting as said minutes and Resolution are officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed hereon the official seal of said City, this November 16, 2021. City Recorder (SEAL) 4828-2501-6059, v. 3 A-1 Designation Resolution EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Cindy Lou Trishman, the undersigned City Recorder of Salt Lake City, Utah (the “City”), do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated 1953, as amended, I gave not less than twenty- four (24) hours public notice of the agenda, date, time and place of the November 16, 2021 public meeting held by the City Council of the City (the “City Council”), as follows: (a) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be delivered to the Salt Lake Tribune on ___________, 2021, at least twenty-four (24) hours prior to the convening of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be published on the Utah Public Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the convening of the meeting. In addition, the Notice of 2021 Annual Meeting Schedule for the City Council (attached hereto as Schedule 2) was given specifying the date, time, and place of the regular meetings of the City Council to be held during the year, by causing said Notice to be (a) posted on ___________, 2021, at the principal office of the City Council, (b) provided to at least one newspaper of general circulation within the City on ___________, 2021, and (c) published on the Utah Public Notice Website (http://pmn.utah.gov) during the current calendar year. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this November 16, 2021. City Recorder (SEAL) 4828-2501-6059, v. 3 A-2 Designation Resolution SCHEDULE 1 NOTICE OF MEETING 4828-2501-6059, v. 3 A-3 Designation Resolution SCHEDULE 2 NOTICE OF ANNUAL MEETING SCHEDULE 4828-2501-6059, v. 3 B-1 Designation Resolution EXHIBIT B TAX IDENTIFICATION NUMBERS OF PROPERTIES TO BE ASSESSED Page 1 of 1Owner NameALTA CLUBBOYER 101 LCMRK FAMILY LIMITED PARTNERSHIPBOYER 102 LCMERCIER 102, LLCZIONS FIRST NATIONAL BANKZIONS FIRST NATIONAL BANKSAB ENTERPRISES LLCSEJ ASSET MANAGEMENT &;INVESTMENT COMPANYNEWHOUSE OFFICE BUILDING LLCCITY CREEK RESERVE INCTEN W 100, LLCCREF3 CLIFT OWNER, LLCPROPERTY RESERVE, INCVESTAR GATEWAY, LLCREGENT HOLDINGS LLCNBT-ERI PEERY, LLCBROADWAY CENTRE INVESTMENT;LIMITED PARTNERSHIPSOCIAL HALL PROPERTIES LLC111 MAIN LLCPROPERTY RESERVE, INCFJ MANAGEMENT INC115 SOCIAL HALL LLCROYAL WOOD ASSOCIATES39/42 LLCZIONS FIRST NATIONAL BANK, N AIN/OUT CORPORATION400 SOUTH LLCZIONS FIRST NATIONAL BANKVMM ARROW PRESS LLCGATEWAY ASSOCIATES, LTD311 STATE LLCZIONS FIRST NATIONAL BANKFEDERAL RESERVE BANK OF SAN;FRANCISCOZIONS FIRST NATIONAL BANKVILLAGE 415/PIERPONT SPE, LLC;M-53 ASSOCIATES, LLC; 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0000 90 S 400 W 570 SALT LAKE CITY UT 84101-137299 W SOUTH TEMPLE ST 75896 15 01 227 062 2005 PO BOX 511196 SALT LAKE CITY UT 84151-119685 W 400 S 75518 15 01 432 008 0000 PO BOX 511196 SALT LAKE CITY UT 84151-11968 E 300 S 32291 16 06 153 001 0000 967 N EASTCAPITOL BLVD SALT LAKE CITY UT 84103-221880 W 300 S 76916 15 01 280 067 0000 595 S RIVERWOODS PKWY LOGAN UT 84321- 4828-2501-6059, v. 3 C-1 Designation Resolution EXHIBIT C NOTICE OF PROPOSED ASSESSMENT Salt Lake City, Utah November 16, 2021 A regular meeting of the City Council of Salt Lake City, Utah, was held on Tuesday, November 16, 2021, at the hour of 7:00 p.m., via electronic means, at which meeting there were present the following members who constituted a quorum: Amy Fowler Chair James Rogers Vice-Chair Dan Dugan Councilmember Ana Valdemoros Councilmember Dennis Faris Councilmember Darin Mano Councilmember Chris Wharton Councilmember Also present: Erin Mendenhall Mayor Katherine Lewis City Attorney Cindy Lou Trishman City Recorder Absent: After the conduct of other business not pertinent to the following, the Chair stated that the Office of the City Engineer had prepared the assessment list for the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22, for action and consideration by the Board of Equalization and by the City Council, which assessment list is on file in the office of the City Recorder and available for inspection by any interested property owner. Thereupon, .0 the following resolution was considered and fully discussed: 2 Board of Equalization Resolution 4826-2398-8730, v. 4 RESOLUTION NO. __ OF 2021 A Resolution of the City Council of Salt Lake City, Utah, appointing a Board of Equalization for the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a Notice of Assessment and Board of Equalization Hearings; and related matters. WHEREAS, the City Council of Salt Lake City, Utah (the “City Council”), adopted a Notice of Intention to Designate Assessment Area on July 20, 2021 (the “Notice of Intention”), to designate the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22 (the “Assessment Area”), and published and posted said Notice as required by the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the “Act”); and WHEREAS, in accordance with the Notice of Intention and as required by the Act, a hearing was held before the City Council on September 7, 2021 (the “Public Hearing”); and WHEREAS, up until 5:00 p.m. on November 8, 2021, persons having an interest in the Assessment Area were allowed to protest the designation of the Assessment Area, the inclusion of a property owner’s property in the Assessment Area, the proposed economic promotion activities, whether the assessment meets the requirements of Utah Code Section 11-42-409, or any other aspect of the proposed designation of the Assessment Area; and WHEREAS, after protests against the designation of the Assessment Area were counted and considered, the City Council designated the Assessment Area by resolution adopted on November 16, 2021; and WHEREAS, the City Engineer has prepared the proposed assessment list that pertains to all of the properties within the Assessment Area; and WHEREAS, the City Council desires to establish a board of equalization for the purpose of considering any objections and corrections to the proposed assessment list: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH AS FOLLOWS: Section 1. As required by law, a Board of Equalization for the Assessment Area is hereby appointed, consisting of one member of the City Council or a representative of the City Council, a representative of the City Treasurer’s office, and a representative of the City Engineer’s office (the “Board”) as follows: 3 Board of Equalization Resolution 4826-2398-8730, v. 4 To Be Determined Member of City Council or a representative Marina Scott, Steven Bagley Representative of City Treasurer’s office Chris Norlem Representative of City Engineer’s office Section 2. The Board shall sit as the Board of Equalization on the special assessments proposed to be levied and assessed on the property within the Assessment Area and may elect to meet via electronic means or in person at the City & County Building, Room 326, Salt Lake City, Utah on January 11, 2022 between the hours of 9:00 a.m. and 10:00 a.m.; on January 12, 2022 between the hours of 10:00 a.m. and 11:00 a.m.; and on January 13, 2022, between the hours of 1:00 p.m. and 2:00 p.m. to hear and consider any arguments from persons who claim to be aggrieved and, following the hearings, to consider all facts and arguments presented at the hearings and to and make corrections to the proposed assessments that the Board may deem necessary to meet the requirements of the Act. Section 3. The City Recorder is hereby authorized and directed to publish, post and mail, as provided by law and the ordinances of the City, a notice of meetings of the Board, said notice to be in substantially the following form: 4 Board of Equalization Resolution 4826-2398-8730, v. 4 NOTICE OF ASSESSMENT AND BOARD OF EQUALIZATION HEARINGS NOTICE IS HEREBY GIVEN that the assessment list for the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22 (the “Assessment Area”) has now been completed and is available for examination at the Salt Lake City Recorder’s office located at 451 South State Street, Room 415, Salt Lake City, Utah. The City Council has appointed a Board of Equalization to hear and consider arguments from any person who claims to be aggrieved by the proposed assessments to be levied within the Assessment Area, including arguments relating to (a) the amount of benefits accruing to the property proposed to be assessed or (b) the amount of the proposed assessment. The assessments levied are for the purpose paying for the proposed activities, which include, but are not limited to, advertising, marketing, special events, festivals, transportation, newsletters, publications, banners, Christmas lighting, security, special projects, housing, town meetings, government policy, cultural promotion, reports, surveys, homeless services and other promotional activities (the “Economic Promotion Activities”) in the downtown area (for the benefit of the properties within the Assessment Area). The total amount of the assessments to be levied against benefitted property within Assessment Area is expected to be $5,251,285, and will be based upon (i) 2021 taxable property values (the “Base Assessment”), plus (ii) linear feet (except that corner lots will not be assessed for both frontages as applicable, only one) on certain properties with frontage on certain streets for special holiday lights (the “Holiday Light Assessment” and together with the Base Assessment, the “Assessment”). The unit cost is each property’s proportionate share of the Economic Promotion Activities applicable to the property as described in this notice. Funding from assessments provides only a portion of the total budget for the Assessment Area’s programs and activities. Salt Lake City, Utah (the “City”) will not contribute any of its own funds for the Economic Promotion Activities; however, the City anticipates that the manager of the Assessment Area will secure non-assessment funds from other sources such as grants, foundations, promotions, contributions, earned income, and sponsorships. As required by law, three persons have been duly appointed to act as the Board of Equalization on the assessments proposed to be levied on the property benefited within the Assessment Area. The Board of Equalization for assessments proposed to be levied on the affected property within the Assessment Area will meet via electronic means or in person at the City & County Building, Room 326, Salt Lake City, Utah, on January 11, 2022, between the hours of 9:00 a.m. and 10:00 a.m.; on January 12, 2022, between the hours of 10:00 a.m. and 11:00 a.m.; and on January 13, 2022, between the hours of 1:00 p.m. and 2:00 p.m. to hear and consider any objections to and make any corrections of any proposed assessments that the Board may deem necessary to meet the requirements of the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended. The assessment list and amounts of the proposed assessment against each parcel of property have been completed and are available for public examination from 8:00 a.m. to 5:00 p.m. at the Office of the City Recorder, 451 South State Street, Room 415, Salt Lake City, Utah. 5 Board of Equalization Resolution 4826-2398-8730, v. 4 After the Board has held all hearings and has made all corrections the Board considers necessary to comply with the law, the Board will report its findings to the City Council of the City. Appeal from a decision of the Board of Equalization may be taken to the City Council of the City by filing with the City Council a written notice of appeal in the office of the City Recorder within fifteen (15) days after the date the Board’s final report to the City Council is mailed to the affected property owners. By resolution of the City Council of Salt Lake City, Utah, this November 16, 2021. (SEAL) CITY RECORDER 6 Board of Equalization Resolution 4826-2398-8730, v. 4 Section 4. The City Recorder is hereby directed to enter the foregoing proceedings upon the records of the City, and to cause the notice set forth in Section 3 to be (i) posted in at least three public places within the City’s boundaries beginning at least twenty (20) and not more than thirty-five (35) days before the day on which the Board will begin hearings, and (ii) published on the Utah Public Notice Website created in Utah Code, Section 63A-16-601 for at least thirty-five (35) days immediately before the day on which the Board will begin hearings. A copy of the notice set forth in Section 3 above shall not later than ten (10) days after the first publication or posting of such notice described in the preceding paragraph, be mailed, postage prepaid, to each owner of property to be assessed within the Assessment Area at the last known address of such owner using for such purpose the names and addresses appearing on the last completed real property assessment rolls of Salt Lake County. In addition, a copy of such notice shall be addressed to “Owner” and shall be so mailed, addressed to the street number (or post office box, rural route number, or other mailing address of the property, if a street number has not been assigned) of each of the improved properties to be affected by the assessment. After due consideration of said resolution by the City Council, Councilmember ____________ moved and Councilmember ___________ seconded its adoption and the same was adopted by the following vote: AYE: NAY: 7 Board of Equalization Resolution 4826-2398-8730, v. 4 ADOPTED AND APPROVED this November 16, 2021. (SEAL) By: Chair ATTEST: By: City Recorder APPROVED AS TO FORM: ____________________________________ Boyd Ferguson Senior City Attorney 8 Board of Equalization Resolution 4826-2398-8730, v. 4 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for her approval or disapproval on ____________, 2021. By: Chair MAYOR’S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved on this ____________, 2021. By: Mayor 9 Board of Equalization Resolution 4826-2398-8730, v. 4 STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) I, Cindy Lou Trishman, the duly appointed, qualified, and acting City Recorder of Salt Lake City, Utah, do hereby certify that the foregoing is a full, true, and correct copy of the minutes pertaining to the DA-CBIA-22 of a regular meeting of the City Council of Salt Lake City held by electronic means in Salt Lake City on Tuesday, November 16, 2021, at 7:00 p.m. as recorded in the regular official book of minutes as kept in my official office, that said proceedings were duly had and taken as therein shown, and that all the members of the City Council were given due, legal, and timely notice of said meeting as therein shown. I further certify that (i) I posted or caused to be posted in three public places within the City’s boundaries a Notice of Assessment and Board of Equalization Hearings (the “Notice”) for the Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22, beginning at least twenty (20) and not more than thirty-five (35) days before the day on which said Board will begin its hearings and (ii) I caused the Notice to be published on the Utah Public Notice Website for at least thirty-five (35) days immediately before the day on which the Board will begin its hearings. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah, this __________, 2021. (SEAL) By: City Recorder 10 Board of Equalization Resolution 4826-2398-8730, v. 4 STATE OF UTAH ) : ss. MAILING CERTIFICATE COUNTY OF SALT LAKE ) I, Cindy Lou Trishman, the duly appointed, qualified, and acting City Recorder of Salt Lake City, Utah, do hereby certify that I mailed a copy of the Notice of Assessment and Board of Equalization Hearings (the “Notice”) of the Board of Equalization, postage prepaid, to each owner of property to be assessed within Salt Lake City, Utah Central Business Improvement Assessment Area No. DA-CBIA-22, at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of Salt Lake County and, in addition, I mailed, postage prepaid, a copy of such Notice addressed to “Owner” at the street number (or post office box, rural route number, or other mailing address of the property, if a street number has not been assigned) of each piece of improved property to be assessed. Said Notices were mailed by me on ____________, 2021, that being not later than ten (10) days after the first publication/posting of the Notice as above certified. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Salt Lake City, Utah, this ____________, 2021. (SEAL) By: City Recorder 11 Board of Equalization Resolution 4826-2398-8730, v. 4 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Cindy Lou Trishman, the undersigned City Recorder of Salt Lake City, Utah (the “City”), do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated 1953, as amended, I gave not less than twenty- four (24) hours public notice of the agenda, date, time, and place of the November 16, 2021, public meeting held by the City Council of the City as follows: (a) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be delivered to the Salt Lake Tribune on ___________, 2021, at least twenty-four (24) hours prior to the convening of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be posted on the Utah Public Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the convening of the meeting. In addition, the Notice of 2021 Annual Meeting Schedule for the City Council (attached hereto as Schedule 2) was given specifying the date, time, and place of the regular meetings of the City Council to be held during the year, by causing said Notice to be (a) posted on ___________, 2021 at the principal office of the City Council, (b) provided to at least one newspaper of general circulation within the City on ___________, 2021 and (c) published on the Utah Public Notice Website (http://pmn.utah.gov) during the current calendar year. IN WITNESS WHEREOF, I have hereunto subscribed my official signature this November 16, 2021. (SEAL) By: City Recorder 12 Board of Equalization Resolution 4826-2398-8730, v. 4 SCHEDULE 1 NOTICE OF MEETING 13 Board of Equalization Resolution 4826-2398-8730, v. 4 SCHEDULE 2 NOTICE OF ANNUAL MEETING SCHEDULE INTERSTATE 15REGENT STEDISON STRICHARDS STVIN E A L M O N DQUINCE STALMOND30 0 N CANYONALAME DA STANTON BELD ON GALE STPACIF ICAVE700 WWASHINGTONLACONIAHOYT PL QUINCECOTTAGE STRINGFELLOWGR EGORYWAYNEDELMARPOPLAR A R N O L D DUBEICHATMANCANYON SIDE LNOR PHEUM ROADSPENCER CTJACK SON AV EMERIL AVE ELDER CTPIERP ON T TEMPLE PACIF IC AVPACIFIC 600 S MOFFATT CTNORT H TEMPLE PLUM ALLEYPIERP ON T MA RKET S T SHELMERDINEBLAIR STIVERSONCONWAYSOCIAL H ALL WOODBINEBUTTERWORTHMARGUERITEFLORALPLEASANTTEMPLESOUTH EAST200EDMONDSARGYLEBLISS CTRENDON CTSEWARD JACKSON AV ECCLE S EXCHANGE PL GA LL IVAN AVLOMAGRAY EASTHILLSIDE AV CAPITOL STRIO GRANDECTOR CHARD P L MORTENSENCTWALL50 N SQUARE SQUARE LIBRARYWASHINGTON PIONEER PARKGATEWAYTHEDANSIE DR 40 0 S400 S 500 S500 S 200 W400 W500 W300 W200 W600 S600 S600 WMAIN ST300 E400 E40 0 S 10 0 S 30 0 S 300 S300 S 200 S MAIN ST300 N 20 0 N 200 E300 E400 E700 W600 W500 W400 W(HWY 89)3RD AVE B STC STD STA ST1ST AVE 600 W500 W200 N 300 N (HWY 186 ) 30 0 S 200 S 10 0 S 700 WINTERSTATE 15WESTTEMPLESTATE STSTATE STWEST TEMPLE300 W200 W400 WWEST TEMPLESal t La ke CityCBIABoundary Ma p 4 50 51 299 375 80 255 131 222206 324 215 380 220 60 61 128 175 111 7 310 8 136 15 9 132 201 316 77 185 36 120 360 102 75 161 170 15 375 15 307 0 10 248 306 122 311 10 10 110 69 239 335 100 111 175 26 250 311 143 48 334322 341 342 360 79 360 51 185 10 163 150 144 334 320 149 321326 135 160165 75 262 149 330 357 319 155 328 260 163151 145 158156 159 323 155 268 159 338 327 331 225 18 149 124 160 325 122 118 270 120116 315 370 317 30 50 55 50 55 55 30 55 50 50 30 99 50 50 555550 5550 5045 55 50 44 44 44 99 9945 55 45 50 994450 65 505065 515151 51 5050 51 50 50 50 51 65 50 50 51 50 51 50 51 50 21 51 51 50 50 655051 200 S200 S 400 S400 S 300 S300 S 200 E200 E400 W400 W300 W300 W200 W200 W100 S100 SMain St Main St State St State St South Temple St South Temple St West Temple St West Temple St Rio Grande St Rio Grande St Edison St Edison St Regent StRegent StExchange Pl Exchange Pl Pierpont Ave Pierpont Ave Plum Aly Plum Aly Floral St Floral St Social Hall Ave Social Hall Ave Gallivan Ave Gallivan Ave Poplar Ct Poplar Ct Wayne Ct Wayne Ct Moffatt Ct Moffatt Ct Marguerite Ct Marguerite Ct Shelmerdine Ct Shelmerdine Ct 100 S100 S Pierpont Ave Pierpont Ave CBIA 22: Holiday Lighting Parcels (Preliminary)Salt Lake City Geographic Information Systems OHoliday Lighting Streets Included Parcels CBIA ‐ 22 Tentative Timeline Step Action  Description Group/Lead Deadlines 1 Consultant Contract Contract with a consultant to provide guidance   throughout process.DED 2/1/21 ‐ 4/30/2021 2 Technical Description of the CBIA  Technical Description of the CBIA provided to  Engineering. Engineering prepares tax roll based on this  data. Consultant  3/12/2021 3 Develop assessment methodology that conforms to  Assessment Area Act. Develop assessment methodology concerning  Economic Promotion & Lighting Assessment.DED 3/24/2021 4 Salt Lake County Property Tax Information.  Numbers should be available by May 22, 2021. Consultant 5/28/2021 5 Bond Counsel Description & Improvement Review  Bond Counsel reviews the description of Improvements  and Areas to be Improved.DED  6/1/2021 6 Resolution of intent to designate.Bond Counsel drafts resolution of Intent to Designate. Bond Counsel 6/15/2021 7 Resolution of Intent to Designate and Justification  transmittal. (Mayor) Resolution of Intent to Designate and justification  documentation transmitted to Mayor’s Office. DED 6/22/2021 8 Resolution of Intent to Designate and Justification  transmittal. (Council Office) Resolution of Intent to Designate and justification  documentation transmitted to Council Office. Mayor’s Office 6/29/2021 9 City Council Meeting DED will brief the City Council on CBIA‐22 Information. DED  7/13/2021 10 Property Owner Letter Property Owner letter includes  verbiage of preliminary  estimate, rate, notice of intent to designate, common  question and map finalized. DED  7/17/2021 11 Tax roll prepared for DED approval. Assess County Data. Engineering  7/17/2021 12 DED approval of tax roll. DED approves county data. DED  7/17/2021 13 City Council Meeting City Council adopts the resolution of Intent to  Designate the assessment area.City Council  7/20/2021 14 Draft/Create Notice of Intent to Designate Letter Engineering  7/22/2021 15  Post Notice of Intent to Designate  Post notice of intent to designate in at least three  public places within boundaries of jurisdiction DED  8/16/2021  16 Mail out Notice of Intent to Designate Mail out Notice of Intent to Designate to go out within  10 days of notice posting. DED sends via  State  Mail  8/19/2021 17 Minutes prepared for use at protest hearing Distribute to team SAA. Bond Counsel 8/30/2021 18 City Council Meeting City Council Protest Hearing City Council 9/7/2021 19 Draft Resolution to Designate the Assessment Area and  appoint the Board of Equalization (BOE).Bond Counsel 9/14/2021 20 Resolution to Designate the Assessment Area and  appoint the Board of Equalization Transmittal (Mayor’s  Office)  Resolution to Designate the Assessment Area and  appoint the Board of Equalization Transmited to  Mayor’s Office. DED 9/21/2021 21 Resolution to Designate the Assessment Area and  appoint the Board of Equalization (City Council). Resolution to Designate the Assessment Area and  appoint the Board of Equalization Transmited to the  Council Office. Mayor’s Office 9/28/2021 22 Publish Notice of Intent to Designate Publish Notice of Intent to Designate on the Utah Public  Notice Website  DED 10/4/2021 23 Property Owners Written Protests Filing Deadline Property owners who are protesting the assessment  area.  Also, the end of 60‐day written protest period.Engineering 11/8/2021 24 Compile Written Protests.Engineering 11/9/2021 25 RFP: Center Business Improvement Assessment Area  Management Request For Propsal (RFP) Solisitation to find a vendor to manage the assessment  area once approved. DED  11/9/2022 26 Delivery of Compilation of Protests Compilation of protests sent to City Council. Engineering 11/9/2021 27 Publishing of Written Protests Publishing of Written Protests on City & State public  notice website.DED 11/9/2021 28 City Council Meeting City Council  announces the protest tally and if it  exceeds 40% threshold.City Council 11/16/2021 29 City Council Meeting City Council adopts the Resolution to Designate the  Assessment Area and appoints the Board of  Equalization. City Council 11/16/2021 30 Recording of the Resolution to Designate the  Assessment Area & Notice of Proposed Assesment Record Resolution to Designate the Assessment Area  and Notice of Proposed Assessment with Salt Lake  County Recorder, within 15 days of adoption. Salt Lake City  Recorders 11/16/2021 ‐ 12/1/2021 31 BOE Notice and Dates of BOE Meetings.Finalize Verbiage for BOE notice and dates of BOE  meetings.Bond Counsel 11/24/2021 32 Mailing process for the BOE notice. Begins 2 weeks before mailing date. Engineering 12/3/2021 33 RFP: Center Business Improvement Assessment Area  Management submissions Proposals/submission due from interested vendors DED 12/7/2021 34 Publication of the BOE hearings. Publication and posting of time and location of the 3  consecutive meetings. Posted in at least 3 public places  at least 20 days, but not more than 35 days from the  first BOE hearings dates.  Published on the Utah Public  Notice Website. DED 12/7/2021 35 Mailing due to Recorder’s Office for review. Due 1 week before mailing date. Engineering 12/10/2021 36 Mailing of preliminary assessment & notice of BOE  hearings  Mailing sent to each property owner and  each street  address. DED 12/17/2021 37 BOE hearings 9:00 am to 10:00 am (public meeting). Held on consecutive days by statute.Salt Lake City  Recorders 1/11/2022 38 BOE hearings 10:00 am to 11:00 am (public meeting). Held on consecutive days by statute.Salt Lake City  Recorders 1/12/2022 39 BOE hearings 1:00 pm to 2:00 pm (public meeting). Held on consecutive days by statute.Salt Lake City  Recorders 1/13/2022 40 Finalization of BOE Hearings Finalize the report DED 1/18/2022 41 RFP: Center Business Improvement Assessment Area  Management Selection Selection is made from the proposals submitted DED 1/21/2022 42 BOE Report Completion BOE report completed, signed, and forwarded to City  Council and Bond Counsel.DED 1/21/2022 43 Mailing of BOE Final Report BOE report mailed to objecting property owners. Begins  15 day appeal period. Engineering 1/21/2022 44 Assessment Ordinance Bond Counsel Draft Assessment Ordinance Bond Counsel 1/28/2022 45 Assessment Ordinance Transmittal (Mayor’s Office).Assessment Ordinance transmitted to the Mayor's  Office. DED 2/1/2022 46 Assessment Ordinance Transmittal (Council Office).Assessment Ordinance transmitted to the Council  Office. Mayor’s Office 2/8/2022 47 City Council Meeting City Council accepts or modifies BOE recommendations  and adopts or rejects Assessment Ordinance.City Council 3/1/2022 48 RFP: Center Business Improvement Assessment Area  Management Contract drafting and Execution Agreement between Salt Lake City and the vendor to  manage the assesment area. DED 3/4/2022 49  Budget or budget amendment submittion for CBIA Submit budget to SLC Finance Department DED 3/17/2022 50 Transfer properties into billing status.Engineering 3/17/2022 51 Assessment Invoices and Billing Mail assessment notices and invoices to Property  Owners by  April 5, 2022 the latest.Treasurer 3/18/2022 52 Publication & Posting of the Assessment Ordinance  1. Publication of the Assessment Ordinance on the Utah  Public Notice Website.  2. Post a copy of the Assessment Ordinance in at least  three public places within the jurisdiction boundaries.  For at least 21 days Bond Council 3/20/2022 53 Certificate of Project Engineer Certificate of Project Engineer Signed by DED DED 3/25/2022 54 Record Notice of Assessment Interest with Salt Lake  County Recorder. I note that Utah Code 11‐42‐404(4)(b)(iii) requires the  notice of assessment interest to “describe the property  assessed by legal description and tax identification  number.” Metes and Bounds legal description provided  by Recorder’s Office. Salt Lake City  Recorders 4/21/2022 55 Effective start date of the Assessment Ordinance Must be specified in the Assessment Ordinance DED 4/21/2022 56 Assessment Payments Due Invoice Payments due from property owners [15 days  after effective date of Assessment Ordinance]Treasurer 5/6/2022 Item I2 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Ben Luedtke Budget & Policy Analyst DATE:November 16, 2021 RE: Master Lease Agreement with JP Morgan Chase Bank for Vehicle Leasing and Purchasing Services MOTION 1A – ADOPT I move that the Council approve a resolution authorizing a master lease agreement between the City and JP Morgan Chase Bank for vehicle leasing and purchasing services. Staff note: The agreement does not obligate the City to spend funds. Those funding requests will continue to come to the Council in budget openings. Rather the agreement preserves options for the City to obtain better terms for vehicle leases and purchases. MOTION 2 – NOT ADOPT I move that the Council not approve the proposed resolution and proceed to the next agenda item. MARY BETH THOMPSON Chief Financial Officer ERIN MENDENHALL Mayor DEPARTMENT OF FINANCE 451 SOUTH STATE STREET, ROOM 245 SALT LAKE CITY, UTAH 84114 TEL 801-535-6403 CITY COUNCIL TRANSMITTAL ________________________ Date Received: ___________________ Rachel Otto, Chief of Staff Date sent to Council: ______________ _____________________________________________________________________________ TO: Salt Lake City Council DATE: August 30, 2021 Amy Fowler, Chair FROM: Mary Beth Thompson, Chief Financial Officer___________________________________ SUBJECT: Master Lease Agreement – JPM Chase STAFF CONTACT: Russell Sundquist, Deputy Controller 801-535-6460 DOCUMENT TYPE: Resolution RECOMMENDATION: Adopt BUDGET IMPACT: N/A BACKGROUND/DISCUSSION: We are re-newing the master lease agreement with JPM Chase. While there are currently no obligations under this agreement, The City may enter into lease agreements up to $7M, not to exceed an aggregate of $35M over the five-year term of the agreement. Used by Public Services for managing fleet needs. PUBLIC PROCESS: N/A EXHIBITS: 1. Resolution 2. Municipal Master Lease Agreement rachel otto (Sep 7, 2021 15:24 MDT) 09/13/2021 09/13/2021 1 RESOLUTION NO. _____ OF 2021 Authorizing the approval of a Municipal Master Lease Agreement Salt Lake City Corporation and JP Morgan Chase Bank, N.A. regarding leasing and purchasing services. WHEREAS, the attached Municipal Master Lease Agreement (“Agreement”) has been prepared to provide Salt Lake City Corporation (“City”) with the ability to utilize certain leasing and purchasing services provided by JP Morgan Chase Bank, N.A. (“JP Morgan”); and WHEREAS, the City Council finds that the Agreement will enable the City to enter into leasing and purchasing arrangements that will be of benefit to the City and its citizens; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah as follows: 1. The City Council does hereby approve the execution and delivery of the attached Agreement under which JP Morgan will provide leasing and purchasing services to the City; 2. 3. The effective date of the Agreement shall be the date on which the fully executed Agreement is recorded by the Salt Lake City Recorder. 4. Erin Mendenhall, Mayor of Salt Lake City, Utah or her designee is hereby authorized to approve, execute, and deliver said Agreement of behalf of Salt Lake City Corporation, in substantially the same form as now before the City Council and attached hereto, subject to such minor changes that do not materially affect the rights and obligations of the City thereunder and as shall be approved by the Mayor or the Mayor’s designee, their execution thereof shall constitute conclusive evidence of such approval. Passed by the City Council of Salt Lake City, Utah, this _____ day of _________, 2021 SALT LAKE CITY COUNCIL By: ______________________ CHAIRPERSON ATTEST: ___________________________ CITY RECORDER APPROVED AS TO FORM: _________________________ Salt Lake City Attorney’s Office Salt Lake City Corporation CAMP DOCUMENT ROUTING FORM CITY SIGNATURE AND ACTIVATION PROCESS August 2, 2021 Contract Number: 01-1-21-3000 Project: Contractor: 43436 JP MORGAN CHASE BANK NA Contract Title: MASTER LEASE ·C AUG O 1 2021 Monitor: TERESA BECKSTRAND Please complete your Step and forward to the next Step. CITY RECORDER STEP 1 ACCOUNTING DIVISION -Encumber Funds ,AUGo:a tU'U I certify that funds are available. OR . .-.Acco unting Signature Date I certify that no encumbrance is required at this time and any future encumbrance will be checked against available budget by theacc m s te . . \ /I ;1 17;\ • • A ' - " l.c:< V V vtYWL/"-- coun tini'° Signature Date Funding $ {d-: Source: _ Dept Cost Center Object Code Attach additional paperwork if more funding sources are needed. Limit$ _ STEP2 CITY ATTORNEY'S OFFICE-Final A iproval ank For ) Attorney: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Insurance Required: N Perf Bond Required: N N This document has been approved as to fo Date STEP3 - Sign Document For l)ale Sta1up INSTRUCTIONS: Si n ALL documents. Dept/Div Forward ALL Signed documents to the Recorder's Office STEP4 RECORDER'S OFFICE-Activate [late Stan1p INSTRUCTIONS: When activated, keep 1 signed document, send other signed document(s) to: Name Department or Division Phone CONTRACT NO. 01-1-21-3000 Rev. July 26, 2021/nb RECORDED AUG O 3 2021 MUNICIPAL MASTER LEASE AGREEMEN f TY RECORDER CITYWIDE THIS AGREEMENT is between SALT LAKE CITY CORPORATION, a Utah municipal corporation ("City" or "Lessee"), and JP MORGAN CHASE BANK, N.A., an Ohio corporation ("Lessor"), and is dated as of the date the City Recorder attests the applicable City signature (which date shall be the recordation date). RECITALS 1. Lessor desires to provide certain leasing and purchasing services for Lessee. 2. Lessee desires to engage Lessor for such services. AGREEMENT In consideration of the promises and covenants hereinafter contained, the parties agree as follows: 1. This Agreement in its entirety consists of this Agreement and the following Exhibits, all of which are attached hereto and incorporated by this reference: Exhibit "A" - Master Lease-Purchase Agreement; Exhibit "B" - Master Lease-Purchase Addendum (Self Insurance); Exhibit "C" - Lease Schedule; Exhibit "D" - Schedule A-1 Equipment Description; Exhibit 'E" - Payment Schedule; Exhibit "F" - Vehicle Schedule Addendum; Exhibit "G" - Prepayment Prohibition Schedule Addendum; Exhibit "H" - Prepayment Schedule Addendum (Lockout Period); Exhibit "I" - Prepayment Schedule Addendum (24-month Lockout Period); Exhibit "J" - Form of Opinion of Counsel; Exhibit "K" - Certificate of Incumbency; Exhibit "L" - Escrow Agreement; Exhibit "M" - Escrow Funding Schedule Addendum and Arbitrage Certificate; Exhibit "N" - Escrow Receipt Certificate/Payment Request; Exhibit "O" - IRS 8038 Form; Exhibit "P" - Proceeds Disbursement Authorization; Exhibit "Q"- Request for Tax Payer Identification Number and Certificate (W9). 2. For services provided to City, Contractor shall be paid as specified under Exhibit "E" (Payment Schedule). Lessor shall provide certain leasing and purchasing services for Lessee, upon the execution of certain leases/purchasing agreements (collectively the "Leases" or the "Lease Agreements") that consist of the attached Exhibits, for a term of five (5) years commencing as of July 10, 2021, or the date of this Agreement if later than the aforementioned date. City shall have the right to extend this Agreement for an additional term of up to four (4) months by giving Lessor written notice at least ten (10) days before the expiration of the original term, provided, however, that City may terminate such additional term by giving Lessor at least five (5) days prior written notice of such termination. Upon the expiration of the terms, the parties may no longer enter into new Lease Agreements, but the other terms of this Agreement shall continue until the lease terms and payments for all existing leases have been completed, whereupon the term of this Agreement shall expire. This Page 2 of 59 is a non-exclusive Agreement and the Lessee reserves the right to acquire the services and/or equipment, at its discretion, from other sources during the term of this Agreement. All financial commitments by Lessee shall be subject to the appropriation of funds approved by the City Council and the limitations on future budget commitments provided under applicable Utah law, including the Utah Constituti on. 3. For each lease of equipm ent, including veh icles, the parties shall complete and sign a Lease Schedule in the form attached as Exhibit "C" and other related documents , which shall be deemed and referred to as a separate Lease. Each Lease shall include only such equipment as Lessee and Lessor by mutual agreement determine to be essential use equipment. Each Lease shall have a term determined in accordance with this Agreement , whic h may be for three (3), four (4), five (5), seven (7), or ten (10) years , as mutually agreed between the Lessee and the Lessor , and the related Payment Schedules shall provide for six (6), eight (8), ten (10), fourteen (14), and twenty (20) semi- annual payments in arrears, respectively. Each new Lease entered into hereunder shall be subject to all of the terms and conditions of this Agreement. 4. For any Lease as to which the Equipment to be leased has not been received by the Lessee, such that an acquisition fund (escrow) arrangement is required , the parties shall enter into an Escrow Agreement in the form attached hereto as Exhibit " L". Each new Escrow Agreement entered into hereunder shall be subject to all of the terms and conditions of this Agreement. 5. The following indemnification requirements apply to this Agreement: A. Lessor shall indemnify, save harmless, and defend Lessee, its officers and employees, from and against all losses, cla ims, demands , actions, damages, costs, charges, and causes of action of every kind or character, including attorney's fees, arising out of Lessor's intentional, reckless, or negligent performance hereunder. If Lessee's tender of defense, based upon this indemnity provision, is rejected by Lessor , and Lessor is later found by a court of competent jurisdiction to have been required to indemnify Lessee , then in addition to any other remedies Lessee may have, Lessor shall pay Lessee's reasonable costs, expenses , and attorney's fees incurred in proving such ind emnification, defending its elf, or enforcing this provision. Nothing herein shall be construed to require Lessor to indemnify the indemnitee against the indemnitee's own negligence. The provisions of this section 5 shall survive the termination of this Agreement. B. Lessee has no responsibility for Lessor's employees. Nothing in this Agreement shall be construed to create a partnersh ip, joint venture , or employment relationship. 6. Lessor shall obey all federal, state , c oun ty, and municipal la ws, ordinances, regu lations, and rules applicable to its operations. Said laws i nclu de, but are not limited to, the Equal Employment Opportunity la ws, the Fair Labor Standards Act, Occupational Safety & Health Administration (OSHA) la ws, Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Utah Immigration Accountability and Enforcement Act. Any violation of applicable law shall constitute a breach of this Agreement and Contractor shall hold City harmless from any and all liability arising out of, or in connection wit h, said violations including any attorney's fees and costs incurred by Lessee as a result of such violation. 7. Lessee may terminate this Agreement for any reason , and without any liability there for, upon giving Lessor 30 days prior written notic e. Any obligations the parties have assumed pursuant to Lease Agreements entered into prior to the termination of this Agreement will not be eliminated or Page 3 of 59 otherwise affected by such cancellation, and any provisions of this Agreement that pertain to such Lease Agreements will remain in full force and effect until the parties' obligations have been fully satisfied. 8. [Reserved.] 9. [Reserved.] 10. Lessor, for itself, its successors and assigns, as part of the consideration provided under this agreement, covenants that no person shall be excluded from participation in, denied the benefits of, or be otherwise subject to unlawful discrimination in the furnishing of services hereunder on the grounds of race, color, national origin, age, sex, religion, disability, sexual orientation or gender identity, unless the characteristic in question is a bona fide occupational qualification. 11. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES. Lessor represents that it has not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence , a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. 12. GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT. City is subject to the requirements of the Government Records Access and Management Act, Chapter 2, Title 630, Utah Code Annotated or its successor ("ORAMA"). All materials submitted by Lessor pursuant to this Agreement are subject to disclosure unless such materials are exempt from disclosure pursuant to ORAMA. The burden of claiming an exemption from disclosure shall rest solely with Lessor. Any materials for which Lessor claims a privilege from disclosure shall be submitted marked as "Business Confidential" and accompanied by a concise statement of reasons supporting Lessor's claim of business confidentiality. City will make reasonable efforts to notify Lessor of any requests made for disclosure of documents submitted under a claim of business confidentiality. Contractor may, at Lessor's sole expense, take any appropriate actions to prevent disclosure of such material. Lessor specifically waives any claims against City related to disclosure of any materials required by ORAMA. 13. For the municipal master equipment lease/purchase financing services provided by the Lessor with respect to each Lease entered into pursuant hereto, the Lessor shall be paid as specified in the related Payment Schedule(s). The total amount of all Leases originated pursuant hereto is not anticipated to exceed $7,000,000.00 per year and will not exceed $35,000,000 over the five (5) year Master Lease Purchase Agreement term. 14. Payments shall be made as provided in the applicable Payment Schedule(s). The City shall have the right to prepay the lease payments due pursuant to any Lease before the end of the Lease Term for such Lease. Any prepayment would be subject to early termination penalties stated in the Page 4 of 59 applicable Prepayment Schedule Addendum executed with the Lease Schedule (Exhibit "G", Exhibit "H", or Exhibit "I"). The total amount of the payments provided for in any Payment Schedule, including the principal and interest components thereof, and any other charges or fees stated therein, shall represent the total amount that the Cit y will be required to pay pursuant to such Lease to acquire the applicable item(s) of Equipment. No additional charges shall be levied on the City by the Lessor for the acquisition of such item(s) of Equipment. 15. Interest rates for each Lease shall be determined as follows: The Interest Rate and related payment shall be based on current market rates as indicated by the two (2), three (3), four (4), and five (5) Year H.15 Interest Rate Swap ("Index Rate") as published by the Federal Reserve using the calculations shown in the following example. The rates as of July I, 2015 are listed in the example. For every change (increase or decrease) in the Index Rate between July 1, 2015 and the Commencement Date of each schedule a corresponding adjustment will be made per the formulas below. The rate will be set 3 days prior to closing. The rates stated below will be increased by 15 basis points if the Lease includes prepayment pursuant to Exhibit "H" and 6 basis points if the Lease includes prepayment pursuant to Exhibit "I". For Motor vehicles and other Equipment: Indexmg Examp e Term in Mon. Reference Interest Rate Swap All schedules Swaps* .79 +Spread= Rate 36 2-Year (0.286 * 0.79) + 0.5461 = 0.7720% 60 3-Year (0.503 * 0.79) + 0.8046 = 1.2020% 84 4-Year (0.774 * 0.79) + 0.8765 = 1.4880% Note: Rate will be indexed off of applicable Interest Rate as estimated 3 days prior to closing as referenced above. 16. City is self-insured and, through its self-insurance program, will provide liability insurance and casualty insurance with respect to Equipment leased pursuant hereto throughout the term of the applicable Lease. In the event that City elects to not self -insure, the Lessor shall be an additional insured for purposes of liability insurance and a loss payee to the extent of the unpaid principal component and accrued interest on each Payment Schedule for the purposes of casualty insurance. 1 17. The Lessor, if doing business under an assumed name, i.e. an individual, association, partnership, corporation, or otherwise, shall be registered with the Utah State Division of Corporations and Commercial Code. 18. The Lessor shall possess and keep in force all licenses and permits required to perform the services contracted for pursuant to this Agreement. 1 The self-insurance addendum will override these insurance provisions. However, the parties will keep them intact in case the parties enter into a Schedule that is not self-insured for some reason. Page 5 of 59 -- -- - - 19. No guarantee of City draw-downs or of the execution of any Leases is implied or expressed by this Agreement; such actions shall be determined by the City ' s actual needs. 20. Lessor is not an employee of Lessee for any purpose whatsoever. Lessor is an independent contractor at all times during the performance of the services specified herein. 21. All notices shall be directed to the following addresses: Lessee: Lessee: Salt Lake City Corporation Attn.: City Contracts Administrator, Purchasing (For U.S. Postal Service delivery) P.O. Box 145455 Salt Lake City, UT 84114-5455 -OR- (For hand delivery or express courier delivery) 451 South State Street, Room 235 Salt Lake City, UT 84111 With a copy to: Department of Finance Attn.: Finance Director (For U.S. Postal Service delivery) P.O. Box 145451 Salt Lake City, UT 84114-5451 -OR- (For hand delivery or express courier delivery) 451 South State Street, Room 248 Salt Lake City , UT 84111 Lessor: JP Morgan Chase Bank, N.A. Attention: GHNN Operations Managers 1111 Polaris Parkway, Suite A-3 Columbus, OH 43240_ 22. This Agreement may be assigned by either party but only with the prior written consent of the other party, provided that such written consent is not required if Lessor makes an assignment to JPMorgan Chase & Co. or any of its subs idiaries. 23. Lessor's obligations are solely to Lessee and Lessee ' s obligations are solely to Lessor. This Agreement shall confer no third-party rights whatsoever. 24. This Agreement embodies the entire Agreement between the parties relating to the subject matter of this Agreement and shall not be altered except in writing signed by both an authorized representative of Contractor and by City ' s Mayor or the Mayor ' s designee. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on Contractor ' s work plans, cost estimate forms, receiving tickets, invoices, or any other Page 6 of 59 related standard forms or documents of Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of City. The intent of the parties is that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement. 25. This Agreement shall be enforced in and governed by the laws of the state of Utah. ********************************************************************************* (Signature page follows) Page 7 of 59 "' ---- J - - The parties are signing this Agreement as of the date stated in the introductory clause. ATTEST AND SALT LAKE CITY CORPORATION By ±1-10,'if?' fi fa0--.pa <--. Title C r-:4-: l') APPROVED AS TO FORM Salt Lake City Attorney's Office Date - - Recordation Date RECORDED AUG O 3 2021 CITY RECORDER Sign >--..._.j. t. .. L..- :,: Print n l2l JP MORGAN CHASE BANK, N.A . By '1 G. .%MAL Title A h-.\)., \ Lt. \) · c_M , -------.--- - _.._"'-----"....., Page 8 of 59 CHASE EXHIBIT "A" CONTRACT NO. 01-1-21-3000 MASTER LEASE-PURCHASE AGREEMENT Dated As of: Lessee: SALT LAKE CITY CORPORATION This Master Lease-Purchase Agreement together with all addenda, riders and attachments hereto, as the same may from time to time be amended, modified or supplemented ("Master Lease") is made and entered by and between JPMORGAN CHASE BANK, N.A.("Lessor") and the lessee identified above ("Lessee"). 1. LEASE OF EQUIPMENT. Subject to the terms and conditions of this Master Lease, Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, all Equipment described in each Schedule signed from time to time by Lessee and Lessor. 2. CERTAIN DEFINITIONS. All terms defined in the Lease are equally applicable to both the singular and plural form of such terms. (a) "Schedule" means each Lease Schedule signed and delivered by Lessee and Lessor, together with all addenda, riders, attachments, certificates and exhibits thereto, as the same may from time to time be amended, modified or supplemented. Lessee and Lessor agree that each Schedule (except as expressly provided in said Schedule) incorporates by reference all of the terms and conditions of the Master Lease. (b) "Lease" means any one Schedule and this Master Lease as incorporated into said Schedule. (c) "Equipment" means the property described in each Schedule, together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto. (d) "Lien" means any security interest, lien, mortgage, pledge, encumbrance, judgment, execution, attachment, warrant, writ, levy, other judicial process or claim of any nature whatsoever by or of any person. 3. LEASE TERM. The term of the lease of the Equipment described in each Lease ("Lease Term") commences on the first date any of such Equipment is accepted by Lessee pursuant to Section 5 hereof or on the date specified in the Schedule for such Lease and, unless earlier terminated as expressly provided in the Lease, continues until Lessee's payment and performance in full of all of Lessee's obligations under the Lease. 4. RENT PAYMENTS. 4.1 For each Lease, Lessee agrees to pay to Lessor the rent payments in the amounts and at the times as set forth in the Payment Schedule attached to the Schedule ("Rent Payments"). A portion of each Rent Payment is paid as and represents the payment of intere st as set forth in the Payment Schedule. Lessee acknowledges that its obligation to pay Rent Payments including interest therein accrues as of the Accrual Date stated in the Schedule or its Payment Schedule; provided, that no Rent Payment is due until Lessee accepts the Equipment under the Lease or the parties execute an escrow agreement. Rent Payments will be payable for the Lease Term in U.S. dollars, without notice or Page 9 of 59 demand at the office of Lessor (or such other place as Lessor may designate from time to time in writing). 4.2 If Lessor receives any payment from Lessee later than ten (10) business days from the due date, Lessee shall pay Lessor on demand as a late charge five per cent (5%) of such overdue amount, limited, however, to the maximum amount allowed by law. 4.3 EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6 HEREOF OR IN ANY WRITTEN MODIFICATION TO THE LEASE SIGNED BY LESSOR, THE OBLIGATION TO PAY RENT PAYMENTS UNDER EACH LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND SHALL NOT BE SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER. 5. DELIVERY; ACCEPTANCE; FUNDING CONDITIONS. 5.1 Lessee shall arrange for the transportation, delivery and installation of all Equipment to the location specified in the Schedule ("Location") by Equipment suppliers ("Suppliers") selected by Lessee. Lessee shall pay all costs related thereto. 5.2 Lessee shall accept Equipment as soon as it has been delivered and is operational. Lessee shall evidence its acceptance of any Equipment by signing and delivering to Lessor the applicable Schedule. If Lessee signs and delivers a Schedule and if all Funding Conditions have been satisfied in full, then Lessor will pay or cause to be paid the costs of such Equipment as stated in the Schedule ("Purchase Price") to the applicable Supplier. 5.3 Lessor shall have no obligation to pay any Purchase Price unless all reasonable conditions established by Lessor ("Funding Conditions") have been satisfied, including, without limitation, the following: (a) Lessee has signed and delivered the Schedule and its Payment Schedule; (b) no Event of Default shall have occurred and be continuing; (c) no material adverse change shall have occurred in the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder (collectively, the "Code"); (d) no material adverse change shall have occurred in the financial condition of Lessee or any Supplier; (e) the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens (except Lessor's Liens); (f) all representations of Lessee in the Lease remain true, accurate and complete; and (g) Lessor has received all of the following documents, which shall be reasonably satisfactory, in form and substance, to Lessor: (1) evidence of insurance coverage required by the Lease; (2) an opinion of Lessee's counsel; (3) reasonably detailed invoices for the Equipment; (4) Uniform Commercial Code (UCC) financing statements; (5) incumbency certificates for the person(s) who will sign the Lease; (6) such documents and certificates relating to the tax-exempt interest payable under the Lease (including, without limitation, IRS Form 8038G or 8038GC) as Lessor may request; and (7) such other documents and information previously identified by Lessor or otherwise reasonably requested by Lessor. 6. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS. 6.1 For each Lease, Lessee represents and warrants: that it has appropriated and budgeted the necessary funds to make all Rent Payments required pursuant to such Lease for the remainder of the fiscal year in which the Lease Term commences; and that it currently intends to make Rent Payments for the full Lease Term as scheduled in the applicable Payment Schedule if funds are appropriated for the Rent Payments in each succeeding fiscal year by its governing body. Without contractually committing itself to do so, Lessee reasonably believes that moneys in an amount sufficient to make all Page 10 of 59 Rent Payments can and will lawfully be appropriated therefore. Lessee directs the person in charge of its budget requests to include the Rent Payments payable during each fiscal year in the budget request presented to Lessee's governing body for such fiscal year; provided, that Lessee's governing body retains authority to approve or reject any such budget request. All Rent Payments shall be payable out of the general funds of Lessee or out of other funds legally appropriated therefore. Lessor agrees th at no Lease will be a general obligation of Lessee and no Lease shall constitute a pledge of either the full faith and credit of Lessee or the taxing power of Lessee. 6.2 If Lessee's governing body fails to appropriate sufficient funds in any fiscal year for Rent Payments or other payments due under a Lease and if other funds are not legally appropriated for such payments, then a "Non-Appropriation Event" shall be deemed to have occu rred. If a Non- Appropriation Event occurs, then: (a) Lessee shall give Lessor immediate notice of such Non- Appropriation Event and provide written evidence of such failure by Lessee's governing body; (b) on the Return Date, Lessee shall return to Lessor all, but not less than all, of the Equipment covered by the affected Lease, at Lessee's sole expense, in accordance with Section 21 hereof; and (c) the affected Lease shall terminate on the Return Date without penalty to Lessee, provided, that Lessee shall pay all Rent Payments and other amounts payable under the affected Lease for which funds shall have been appropriated, provided further, that Lessee shall pay month -to-month rent at the rate set forth in the affected Lease for each month or part thereof that Lessee fails to return the Equipment under this Section 6.2. "Return Date" means the last day of the fiscal year for which appropriations were made for the Rent Payments due under a Lease. 7. LIMITATION ON WA RRANTIES. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY OF THE EQUIPMENT OR AS TO THE VALUE, DESIGN, CONDITION, USE, CAPACITY OR DURABILITY OF ANY OF THE EQUIPMENT. For and during the Lease Term, Lessor hereby assigns to Lessee any manufacturer's or Supplier's product warranties, express or implied, applicable to any Equipment and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's sole expense. Lessee agrees that (a) all Equipment will have been p urchased by Lessor in accordance with Lessee's specifications from Suppliers selected by Lessee, (b) Lessor is not a manufacturer or dealer of any Equipment and has no liability for the delivery or installation of any Equipment, (c) Lessor assumes no obligation with respect to any manufacturer's or Supplier's product warranties or guaranties, (d) no manufacturer or Supplier or any representative of said parties is an agent of Lessor, and (e) any warranty, representation, guaranty or agreement made by any manufacturer or Supplier or any representative of said parties shall not be binding upon Lessor. 8. TITLE; SECURITY INTEREST. 8.1 Upon Lessee's acceptance of any Equipment under a Lease, titl e to the Equipment shall vest in Lessee, subject to Lessor's security interest therein and all of Lessor's other rights under such Lease including, without limitation, Sections 6, 20 and 21 hereof. 8.2 As collateral security for the Secured Obligations, Lessee hereby grants to Lessor a first priority security interest in any and all of the Equipment (now existing or hereafter acquired) and any and all proceeds thereof. Lessee agrees to execute and delive r to Lessor all necessary documents to evidence and perfect such security interest, including, without limitation, UCC financing statements and any amendments thereto. Page 11 of 59 8.3 "Secured Obligations" means Lessee's obligations to pay all Rent Payments and all other amounts due and payable under all present and future Leases and to perform and observe all covenants, agreements and conditions (direct or indirect, absolute or contingent, due or to become due, or existing or hereafter arising) of Lessee under all present and future Leases. 9. PERSONAL PROPERTY. All Equipment is and will remain personal property and will not be deemed to be affixed or attached to real estate or any building thereon. 10. MAINTENANCE AND OPERATION. Lessee agrees it shall, at its sole expense: (a) repair and maintain all Equipment in good condition and working order and supply and install all replacement parts or other devices when required to so maintain the Equipment or when required by applicable law or regulation, which parts or devices shall automatically become part of the Equipment; and (b) use and operate all Equipment in a careful manner in the normal course of its operations and only for the purposes for which it was designed in accordance with the manufacturer's warranty requirements, and comply with all laws and regulations relating to the Equipment. If any Equipment is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement by a party reasonably satisfactory to Lessor. No maintenance or other service for any Equipment will be provided by Lessor. Lessee will not make any alterations, additions or improvements ("Improvements") to any Equipment without Lessor's prior written consent unless the Improvements may be readily removed without damage to the operation, value or utility of such Equipment, but any such Improvements not removed prior to the termination of the applicable Lease shall automatically become part of the Equipment. 11. LOCATION; INSPECTION. Equipment will not be removed from, or if Equipment is rolling stock its permanent base will not be changed from, the Location without Lessor's prior written consent which will not be unreasonably withheld. Upon reasonable notice to Lessee, Lessor may enter the Location or elsewhere during normal business hours to inspect the Equipment. 12. LIENS, SUBLEASES AND TAXES. 12.1 Lessee shall keep all Equipment free and clear of all Liens except those Liens created under its Lease. Lessee shall not sublet or lend any E quipment or permit it to be used by anyone other than Lessee or Lessee's employees. 12.2 Lessee shall pay when due all Taxes which may now or hereafter be imposed upon any Equipment or its ownership, leasing, rental, sale, purchase, possession or use, upon any Lease or upon any Rent Payments or any other payments due under any Lease. If Lessee fails to pay such Taxes when due, Lessor shall have the right, but not the obligation, to pay such Taxes. If Lessor pays any such Taxes, then Lessee shall, upon demand, immediately reimburse Lessor therefore. "Taxes" means present and future taxes, levies, duties, assessments or other governmental charges that are not based on the net income of Lessor, whether they are assessed to or payable by Lessee or Lessor, including, without limitation (a) sales, use, excise, licensing, registration, titling, gross receipts, stamp and personal property taxes, and (b) interest, penalties or fines on any of the foregoing. 13. RISK OF LOSS. 13.1 Lessee bears the entire risk of loss, theft, damage or destruction of any Equipment in whole or in part from any reason whatsoever ("Casualty Loss"). No Casualty Loss to any Equipment shall relieve Lessee from the obligation to make any Rent Payments or to perform any other obligation under any Lease. Proceeds of any insurance recovery will be applied to Lessee's obligations under this Section 13. Page 12 of 59 13.2 If a Casualty Loss occurs to any Equipment , Lessee shall immediately notify Lessor of the same and Lessee shall, unless otheiwise directed by Lessor, immediately repair the same. 13.3 If Lessor determines that any item of Equipment has suffered a Casualty Loss beyond repair ("Lost Equipment"), then Lessee shall either : (a) immediately replace the Lost Equipment with similar equipment in good repair, condition and working order free and clear of any Liens (except Lessor's Liens), in which event such replacement equipment shall automatically be Equipment under the applicable Lease, and deliver to Lessor true and complete copies of the invoice or bill of sale covering the replacement equipm ent; or (b) on earlier of 60 days after the Casualty Loss or the next scheduled Rent Payment date, pay Lessor (i) all amount s owed by Lessee under the applicable Lease, including the Rent Payments due on or accrued through such date plus (ii) an amount equ al to the Termination Value as of the Rent Payment date (or if th e Casualty Loss payment is due between Rent Payment dates, then as of the Rent Payment date preceding the date that the Casualty Loss payment is due) set forth in the Payment Schedule to the applicable Lease. If Lessee is making such payment with respect to less than all of the Equipment under a Lease , then Lessor will provide Lessee with the pro rata amount of the Rent Payment and Termination Valu e to be paid by Lessee with respect to the Lost Equipment and a revised Payment Schedule. 13.4 To the extent not prohibited by State law, Lessee shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising under or related to any Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof. These obligations of Lessee shall survive any expiration or termination of any Lease. Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses (including attorney's fees), damages or losses which arise direc tly from events occurring after any Equipment has been returned by Lessee to Lessor in accordance with the terms of the applicable Lease or which arise directly from the gross negligence or willful misconduct of Lessor. 14. INSURANCE. 14.1 (a) Lessee at its sole expense shall at all times keep all Equipment insured against all Casualty Losses for an amount not less than the Termin ation Value of the Equipment. Proceeds of any such insurance covering damage or loss of any Equipment shall be payable to Lessor as loss payee. (b) Lessee at its sole expense shall at all times carry public liability and third party property damage insurance in amounts reasonably satisfactory to Lessor protecting Lessee and Lessor from liabilities for injuries to persons and damage to property of others relating in any way to any Equipment . Proceeds of any such public liability or property insurance shall be payable first to Lessor as additional insured to the extent of its liability, and then to Lessee. 14.2 Lessee may satisfy the requirements of Paragraph 14 through Lessee ' s self-insurance program. In the event Lessee does not use Lessee ' s self-insurance program to satisfy the requirements of Paragraph 14, those requirements may be satisfied through Lessee ' s excess liability insu rance, which carries a $1,000,000 self-insured retention. All insurers shall be reasonably satisfactory to Lessor. Lessee shall promptly deliver to Lessor satisfactory evidence of required insurance coverage , and all renewals and replacements thereof. Each insurance policy will require that the insurer give Lessor at least 30 days prior written notice of any cancellation of such policy and will require that Lessor's interests remain insured regardless of any act, error, misrepresentation, omission or neglect of Lessee. The insurance maintained by Lessee shall be primary without any right of contribution from insurance which may be maintained by Lessor. Page 13 of 59 15. PREPAYMENT OPTION. Upon thirty (30) days prior written notice by Lessee to Lessor, and so long as there is no Event of Default then existing, Lessee shall have the option to prepay Lessee's obligations under a Lease on any Rent Payment due date by paying to Lessor all Rent Payments then due (including accrued interest, if any) for such Lease pl us the Termination Value amount set forth on the Payment Schedule to such Lease for such date. Upon satisfaction by Lessee of such prepayment conditions, Lessor shall release its Lien on such Equipment and Lessee shall retain its title to such Equipment "AS-IS, WHERE-IS", without representation or warranty by Lessor, express or implied, except for a representation that such Equipment is free and clear of any Liens created by Lessor. 16. LESSEE'S REPRESENTATIONS AND WARRANTIES. With respect to each Lease and its Equipment, Lessee hereby represents and warrants to Lessor that: (a) Lessee has full power, authority and legal right to execute and deliver the Lease and to perform its obligations under the Lease, (b) the Lease has been duly executed and delivered by Le ssee and constitutes a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms; (c) the Lease is authorized under, and the authorization, execution and delivery of the Lease complies with, all applicable federal, state and local laws and regulations (including, but not limited to, all open meeting, public bidding and property acquisition laws) and all applicable judgments and court orders; (d) the execution, delivery and performance by Lessee of its obligations under the Leas e will not result in a breach or violation of, nor constitute a default under, any agreement, lease or other instrument to which Lessee is a party or by which Lessee's properties may be bound or affected; (e) there is no pending, or to the best of Lessee's knowledge threatened litigation of any nature which may have a material adverse effect on Lessee's ability to perform its obligations under the Lease; and (f) Lessee is a state, or a political subdivision thereof, as referred to in Section 103 of the Inte rnal Revenue Code, and Lessee's obligation under the Lease constitutes an enforceable obligation issued on behalf of a state or a political subdivision thereof. 17. TAX COVENANTS. Lessee hereby covenants and agrees that: (a) Lessee shall comply with all of the requirements of Section 149(a) and Section 149(e) of the Internal Revenue Code, as the same may be amended from time to time, and such compliance shall include, but not be limited to, executing and filing Internal Revenue Form 8038G or 8038GC, as the case may be, and any other information statements reasonably requested by Lessor; (b) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act allow, any Lease to be an "arbitrage bond" within the meaning of Section 148(a) of the Internal Revenue Code or any Lease to be a "private activity bond" within the meaning of Section 141(a) of the Internal Revenue Code; and (c) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act allow, the interest portion of any Rent Payments to be or become includable in gross income for Federal income taxation purposes under the Code. 18. ASSIGNMENT. 18.1 Lessee shall not assign, transfer, pledge, hypothecate, nor grant any Lien on, nor otherwise dispose of, any Lease or any Equipment or any interest in any Lease or Equipment. 18.2 Lessor may assign its rights, title and interest in and to any Lease or any Equipment, and/or may grant or assign a security interest in any Lease and its Equipment, in whole or in part, to any party at any time. Any such assignee or lienholder (an "Assignee") shall have all of the rights of Lessor under the applicable Lease. LESSEE AGREES NOT TO ASSERT AGAINST ANY ASSIGNEE ANY CLAIMS, ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER SIMILAR DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless otherwise agreed by Lessee in writing, any such assignment transaction shall not release Lessor Page 14 of 59 from any of Lessor's obligations under the applicable Lease. An assignment or reassignment of any of Lessor's right, title or interest in a Lease or its Equipme nt shall be enforceable against Lessee only after Lessee receives a written notice of assignment which discloses the name and address of each such Assignee; provided, that such notice from Lessor to Lessee of any assignment shall not be so required if Lessor assigns a Lease to JPMORGAN CHASE & CO. any of its direct or indirect subsidiaries. Lessee shall keep a complete and accurate record of all such assignments in the form necessary to comply with Section 149(a) of the Code and for such purpose, Lessee hereby appoints Lessor (or Lessor's designee) as the book entry and registration ag ent to keep a complete and accurate record of any and all assignments of any Lease . Lessee agrees to acknowledge in writing any such assignments if so requested. 18.3 Each Assignee of a Lease hereby agrees that: (a) the term Secured Obligations as used in Section 8.3 hereof is hereby amended to include and apply to all obligations of Lessee under the Assigned Leases and to exclude the obligations of Lessee under any Non -Assigned Leases; (b) said Assignee shall have no Lien on, nor any claim to, nor any interest of any kind in, any Non -Assigned Lease or any Equipment covered by any Non-Assigned Lease; and (c) Assignee shall exercise its rights, benefits and remedies as the assignee of Lessor (including, without limitation, the remedies under Section 20 of the Master Lease) solely with respect to the Assigned Leases. "Assigned Leases" means only those Leases which have been assigned to a single Assignee pursuant to a written agreement; and "Non-Assigned Leases" means all Leases excluding the Assigned Leases. 18.4 Subject to the foregoing, each Lease inures to the benefit of and is binding upon the heirs , executors, administrators, successors and assigns of the parties hereto. 19. EVENTS OF DEFAULT. For each Lease, "Event of Default" means the occurrence of any one or more of the following events as they may relate to such Lease : (a) Lessee fails to make any Rent Payment (or any other payment) as it becomes due in accordance with th e terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (b) Lessee fails to perform or observe any of its obligations under Sections 12.1, 14 or 18.1 hereof; (c) Lessee fails to perform or observe any other covenant, condition or agreement to be performed or observed by it under the Lease and such failure is not cured within thirty (30) days after receipt of written notice thereof by Lessor; provided, however, that if the failure to comply o r perform is of the nature that it cannot be cured within thirty (30) days, Lessee shall have up to sixty (60) additional days to cure so long as Lessee has commenced efforts to cure within such original thirty (30) day cure period and diligently pursues a full cure thereafter; (d) any statement, representation or warranty made by Lessee in the Lease or in any writing delivered by Lessee pursuant thereto or in connection therewith proves at any time to have been false, misleading or erroneous in any material respect as of the time when made; (e) Lessee applies for or consents to the appointment of a receiver , trustee, conservator or liquidator of Lessee or of all or a substantial part of its assets, or a peti tion for relief is filed by Lessee under any federal or state bankruptcy, insolvency or similar law, or a petition in a proceeding under any federal or state bankruptcy, insolvency or similar law is filed against Lessee and is not dismissed within ninety (90) days thereafter; or (f) Lessee shall be in default under any other Lease or under any other financing agreement executed at any time with Lessor. 20. REMEDIES. If any Event of Default occurs, then Lessor may, at its option, exercise any one or more of the following remedies: (a) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all amounts then currently due under all Leases and all remaining Rent Payments due under all Leases during the fiscal year in effect when the Event of Default occurs together with interest on such amounts at the rate of Page 15 of 59 twelve percent (12%) per annum (but not to exceed the highest rate permitted by applicable law) from the date of Lessor's demand for such payment; (b) Lessor may require Lessee to promptly return all Equipment under all or any of the Leases to Lessor in the manner set forth in Section 21 (and Lessee agrees that it shall so return the Equipment), or Lessor may, at its option and during normal business hours after giving notice to Lessee, enter upon the premises where any Equipment is located and repossess any Equipment, without any court order or other process of law and without liability for any damage occasioned by such repossession; (c) Lessor may sell, lease or otherwise dispose of any Equipment under all or any of the Leases, in whole or in part, in one or more public or private transactions, and if Lessor so disposes of any Equipment, then Lessor shall retain the entire proceeds of such disposition free of any claims of Lessee, provided, that if the net proceeds of the disposition of all the Equipment exceeds the applicable Termination Value of all the Schedules plus the amounts payable by Lessee under clause (a) above of this Section and under clause (f) below of this Section, then such excess amount shall be remitted by Lessor to Lessee; (d) Lessor may terminate, cancel or rescind any Lease as to any and all Equipment; (e) Lessor may exercise any other right, remedy or privilege which may be available to Lessor under applicable law or, by appropriate court action at law or in equity, Lessor may enforce any of Lessee's obligations under any Lease; and/or (f) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out-of-pocket costs and expenses incurred by Lessor as a result (directly or indirectly) of the Event of Default and/or of Lessor's actions under this section, including, without limitation, any attorne y fees and expenses and any costs related to the repossession, safekeeping, storage, repair, reconditioning or disposition of any Equipment. None of the above remedies is exclusive, but each is cumulative and in addition to any other remedy available to Lessor. Lessor's exercise of one or more remedies shall not preclude its exercise of any other remedy. No delay or failure on the part of Lessor to exercise any remedy under any Lease shall operate as a waiver thereof, nor as an acquiescence i n any default, nor shall any single or partial exercise of any remedy preclude any other exercise thereof or the exercise of any other remedy. 21. RETURN OF EQUIPMENT. If Lessor is entitled under the provisions of any Lease, including any termination thereof pursuant to Sections 6 or 20 of this Master Lease, to obtain possession of any Equipment or if Lessee is obligated at any time to return any Equipment, then (a) title to the Equipment shall vest in Lessor immediately upon Lessor's notice thereof to Lessee, and (b) Lessee shall, at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure and return the Equipment to Lessor (all in accordance with applicable industry standards) at any location in the continental United States selected by Lessor. Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order and maintenance as required by the applicable Lease, shall be free and clear of any Liens (except Lessor's Lien) and shall comply with all applicable laws and regulations. Until Equipment is returned as required above, all terms of the applicable Lease shall remain in full force and effect including, without limitation, obligations to pay Rent Payments and to insure the Equipment. Lessee agrees to execute and deliver to Lessor all documents reasonably Page 16 of 59 requested by Lessor to evidence the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee's interest in such Equipment. 22. LAW AND FORUM SELECTION. Each Lease shall be enforced in and governed by the laws of the state where Lessee is located (the "State"). 23. NOTICES. All notices to be given under any Lease shall be made in writing and either personally delivered or mailed by regular or certified mail or sent by an overnight courier delivery company to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notices shall be deemed to have been received five (5) business days subsequent to mailing. 24. FINANCIAL INFORMATION. As soon as they are available after their completion in each fiscal year of Lessee during any Lease Term, Lessee will deliver to Lessor, upon Lessor's request, the publicly available annual financial information of Lessee. 25. SECTION HEADINGS. All section headings contained herein or in any Schedule are for convenience of reference only and do not define or limit the scope of any provision of any Lease. 26. EXECUTION IN COUNTERPARTS. Each Schedule to this Master Lease may be executed in several counterparts, each of which shall be deemed an original, but all of which shall be deemed one instrument. If more than one counterpart of each Schedule is executed by Lessee and Lessor, then only one may be marked "Lessor's Original" by Lessor. A security interest in any Schedule may be created through transfer and possession only of: the sole original of said Schedule if there is only one original; or the counterpart marked "Lessor's Original" if there are multiple counterparts of said Schedule. 27. ENTIRE AGREEMENT; WRITTEN AMENDMENTS. Each Lease, together with the exhibits, schedules and addenda attached thereto and made a part hereof and other attachments thereto constitute the entire agreement between the parties with respect to the lease of the Equipment covered thereby, and such Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of any Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease. 28. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES. Lessor represents that it has not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. ********************************************************************************* (Signature page follows) Page 17 of 59 SALT LAKE CITY CORPORATION (Lessee) By: Title: JPMORGAN CHASE BANK, N.A. (Lessor) By: Title: Authorized Officer ATTEST AND COUNTERSIGN: City Recorder Recordation Date APPROVED AS TO FORM Salt Lake City Attorney's Office Date Sign: _ Print: Page 18 of 59 CHASE O EXHIBIT "B" CONTRACT NO. 01-1-21-3000 MASTER LEASE-PURCHASE ADDENDUM (Self Insurance) Lessee: Salt Lake City Corporation Master Lease-Purchase Agreement Date: Reference is made to the above Master Lease-Purchase Agreement identified therein as amended ("Master Lease"), by and between JPMORGAN CHASE BANK, N.A.("Lessor") and the above lessee ("Lessee"). This Addendum amends and modifies the terms and conditions of the Master Lease and is hereby made a part of the Master Lease. Unless otherwise defined herein, capitalized terms defined in the Master Lease shall have the same meaning when used herein. NOW, THEREFORE, as part of the valuable consideration to induce the execution of the Master Lease, Lessor and Lessee hereby agree to amend the Master Lease as follows: 1. CASUALTY LOSS. Notwithstanding anything to the contrary in Section 14 of the Master Lease or in Exhibit F attached to the Master Lease, Lessor agrees that Lessee may self-insure against risk of casualty loss of or physical damage to the Equipment; provided, that upon written notice from Lessor to Lessee, Lessee agrees to secure and maintain commercial insurance against such risks to the Equipment as otherwise required by the Master Lease if an event of default has occurred and is continuing under the Master Lease. 2. THIRD PARTY LIABILITY. Notwithstanding anything to the contrary in Section 14 of the Master Lease or in Exhibit F attached to the Master Lease, Lessor agrees that Lessee may self-insure against risk of injuries to persons and damage to property of others relating in any way to any Equipment ; provided, that upon written notice from Lessor to Lessee, Lessee agrees to secure and maintain commercial insurance against such risks as otherwise required by the Master Lease if an event of default has occurred and is continuing under the Master Lease. 3. COMPLIANCE WITH LAW; ACTUARIALLY SOUND BASIS. Lessee agrees that its self insurance arrangements as described herein shall comply with applicable State law related thereto or, if there is no State law applicab le to such self insurance arrangements, then Lessee's self insurance arrangements shall be maintained on an actuarially sound bas is . 4. GENERAL. Except as expressly amended by this Addendum and other modifications signed by Les sor and Lessee, the Master Lease remains unchanged and in full force and effect. 5. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES. Lessor represents that it has not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee , or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. ********************************************************************************** (Signature page follows) Page 19 of 59 IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date of the Schedule first referenced above. SALT LAKE CITY CORPORATION (Lessee) By: Title: JPMORGAN CHASE BANK, N.A. (Lessor) By: Title: Authorized Officer ATTEST AND COUNTERSIGN: City Recorder Recordation Date APPROVED AS TO FORM Salt Lake City Attorney's Office Date Sign: _ Print: Page 20 of 59 EXHIBIT "C" CONTRACT NO. 01-1-21-3000 LEASE SCHEDULE Dated as of: Lease No.: This Lease Schedule, together with its corresponding Payment Schedule, Equipment Description Schedule, Vehicle Schedule Addendum (if applicable), Prepayment Schedule Addendum, Opinion of Counsel, Certificate of Incumbency, Escrow Agreement (if applicable), and Escrow Funding Addendum and Arbitrage Certificate (if applicable), are attached and made a part of the Master Lease-Purchase Agreement described below ("Master Lease") between the Lessee and Lessor named below. All terms and conditions of the Master Lease are incorporated herein by reference. Unless otherwise defined herein, capitalized terms defined in the Master Lease will have the same meaning when used herein. Master Lease-Purchase Agreement dated _ A. EQUIPMENT DESCRIBED: The Equipment includes all of the property described on Schedule A-1 attached hereto and made a part hereof. B. EQUIPMENT LOCATION: See Attached Schedule A-1 C. ACCEPTANCE OF EQUIPMENT: AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT: (a) LESSEE HAS RECEIVED AND INSPECTED ALL EQUIPMENT; (b) ALL EQUIPMENT IS IN GOOD WORKING ORDER AND COMPLIES WITH ALL PURCHASE ORDERS, CONTRACTS AND SPECIFICATIONS; (c) LESSEE ACCEPTS ALL EQUIPMENT FOR PURPOSES OF THE LEASE "AS-IS, WHERE-IS"; AND (d) LESSEE WAIVES ANY RIGHT TO REVOKE SUCH ACCEPTANCE. D. ESSENTIAL USE; CURRENT INTENT OF LESSEE: Lessee represents and agrees that the use of the Equipment is essential to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its citizens and the Equipment will be used by Lessee only for the purpose of performing its governmental or proprietary functions consistent with the permissible scope of its authority. Lessee currently intends for the full Lease Term: to use the Equipment; to continue this Lease; and to make Rental Payments if funds are appropriated in each fiscal year by its governing body. E. RENTAL PAYMENTS; LEASE TERM: The Rental Payments to be paid by Lessee to Lessor, the commencement date thereof and the Lease Term of this Lease Schedule are set forth on the Payment Schedule attached to this Lease Schedule. F. RE-AFFIRMATION OF THE MASTER LEASE: Lessee hereby re-affirms all of its representations, warranties and obligations under the Master Lease (including, without limitation, its obligation to pay all Rental Payments, its disclaimers in Section 7 thereof and its representations in Sections 6.1 and 16 thereof). G. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND EMPLOYEES. Lessor represents that it has not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer or employee, or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, or brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly influenced, and hereby promises that it will not knowingly influence, a City officer or employee or former City officer or employee to breach any of the ethical standards set forth in City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code. Page 21 of 59 H. GOVERNMENT REGULATION; ANTI-CORRUPTION LAWS AND SANCTIONS. Lessee and its respective officers and employees and to the knowledge of the Lessee its directors and agents, are in compliance with Anti- Corruption Laws and applicable Sanctions in all material respects [and are not knowingly engaged in any activity that would reasonably be expected to result in the Lessee being designated as a Sanctioned Person]. None of (a) the Lessee or any of its respective directors, officers or employees, or (b) to the knowledge of the Lessee, any agent of the Lessee that will act in any capacity in connection with or benefit from the credit facility established hereby, is a Sanctioned Person. No Borrowing or use of proceeds or other transaction contemplated by this Agreement will violate any Anti- Corruption Law or applicable Sanctions. For the purposes of this Section: "Anti-Corruption Laws" means all laws, rules, and regulations of any jurisdiction applicable to the Lessee or its subsidiaries from time to time concerning or relating to bribery or corruption. "Person" means any individual, corporation, partnership, limited liability company, joint venture, joint stock association, association, bank, business trust, trust, unincorporated organization, any foreign governmental authority, the United States of America, any state of the United States and any political subdivision of any of the foregoing or any other form of entity. "Sanctions" means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State. "Sanctioned Country" means, at any time, a country, region or territory which is the subject or target of any Sanctions (as at the time of this Agreement, Crimea, Cuba, Iran, North Korea, Sudan and Syria). "Sanctioned Person" means, at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person controlled by any such Person. Equipment/Escrow Acceptance Date ------------------------------ 20 SALT LAKE CITY CORPORATION (Lessee) By: JPMORGAN CHASE BANK, N.A. (Lessor) By: Title: _ Title:Authorized Officer ATTEST AND COUNTERSIGN: City Recorder Recordation Date APPROVED AS TO FORM Salt Lake City Attorney's Office Date Sign: _ Print: _ Page 22 of 59 EXHIBIT "D" SCHEDULE A-1 Equipment Description CONTRACT NO. 01-1-21-3000 Lease Schedule No. ------- dated The Equipment described below includes all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto. Equipment Location: Equipment Description: Expected Equipment Purchase Price Minus Lessee Down Payment/Trade-in Net Amount Financed $-------------- $-------------- This Schedule A-1 is attached to the Lease Schedule or a Receipt Certificate/Payment Request relating to the Lease Schedule. Salt Lake City Corporation (Lessee) JPMorgan Chase Bank, N.A. (Lessor) By: By: Title: Title: Authorized Officer Page 23 of 59 CONTRACT NO. 01-1-21-3000 EXHIBIT "E" PAYMENT SCHEDULE This Payment Schedule is attached and made a part of the Lease Schedule identified below which is part of the Master Lease-Purchase Agreement identified therein, all of which are between the Lessee and Lessor named below. Lease Schedule No. Accrual Date: Amount Financed: $ _ Dated Interest Rate: % per annum Rent Rent Rent Interest Principal Principal Termination Number Date Payment Portion Portion Balance Value SALT LAKE CITY CORPORATION (Lessee) By: JPMORGAN CHASE BANK, N.A. (Lessor) By: Title: Title: Authorized Officer Page 24 of 59 CHASE ... EXHIBIT "F" CONTRACT NO. 01-1-21-3000 VEHICLE SCHEDULE ADDENDUM Dated As of: Lease Schedule No: Lessee: SALT LAKE CITY CORPORATION Reference is made to the above Lease Schedule ("Schedule") to the Master Lease-Purchase Agreement identified in the Schedule ("Master Lease") by and between JPMORGAN CHASE BANK, N.A.("Lessor") and the above lessee ("Lessee"). This Addendum amends and modifies the terms and conditions of the Schedule and is hereby made a part of the Schedule. Unless otherwise defined herein , capitalized terms defined in the Master Lease shall have the same meaning when used herein . NOW, THEREFORE, as part of the valuable consideration to induce the execution of the Schedule, Lessor and Lessee hereby agree to amend the Schedule as follows: 1. In the event that any unit of Equipment covered by the Schedule is a vehicle or trailer under applicable State law, then the following provisions shall also apply to the Schedule: (a) each manufacturer's statement of origin and certificate of t itle shall state that Lessor has the first and sole lien on or security interest in such unit of Equipment; (b) the public liability insurance or self -insurance required by the terms of clauses (b) of Section 14.1 of the Master Lease shall be in an amount not less than $1,000,000.00 combined single limit per unit per occurrence. Physical damage should not be less than the replacement cost coverage for the equipment identified on the Schedule A-1; (c) Lessee shall furnish and permit only duly licensed, trained, safe and qualified drivers to operate any such unit of Equipment , and such drivers shall be agents of Lessee and shall not be agents of Lessor; and (d) Lessee shall cause each such unit of Equipment to be duly registered and licensed as required by applicable State law with Lessor noted as lienholder and Lessee as owner. 2. Except as expressly amended by this Addendum and other modifications signed by Lessor, the Schedule remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first referenced above. SALT LAKE CITY CORPORATION (Lessee) By: JPMORGAN CHASE BANK, N.A. (Lessor) By: Title: Title: Authorized Officer Page 25 of 59 EXHIBIT "G" CONTRACT NO. 01-1-21-3000 PREPAYMENT PROHIBITION SCHEDULE ADDENDUM Lease Schedule No. _ Lessee: Salt Lake City Corporation Reference is made to the above Lease Schedule ("Schedule'') and to the Master Lease-Purchase Agreement ("Master Lease'') identified in the Schedule, which are by and between JPMORGAN CHASE BANK, N.A.("Lessor'') and the above lessee ("Lessee''). As used herein: "Lease" shall mean the Schedule and the Master Lease, but only to the extent that the Master Lease relates to the Schedule. This Schedule Addendum amends and supplements the terms and conditions of the Lease. Unless otherwise defined herein, capitalized terms defined in the Lease shall have the same meaning when used herein. 1. Solely for purposes of the Schedule, Lessor and Lessee agree that , notwithstanding anything to the contrary in the Lease (express or implied), Lessee's option under Section 15 of the Master Lease to purchase the Equipment or to prepay the Lease obligations is deleted and Lessee may not exercise such option 2. The parties acknowledge that the Termination Value column of the Payment Schedule to the Schedule is included solely for purposes of the calculations required by Section 13.3 of the Master Lease (casualty loss of Equipment) and Subsection 20(c) of the Mast er Lease (post-default remedies of Lessor) and said Termination Value column does not negate the restrictions on purchase options or voluntary prepayment in paragraphs 1 and 2 of this Addendum. 3. Except as expressly amended or supplemented by this Addendum and other instruments signed by Lessor and Lessee, the Lease remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date of the Schedule first referenced above. SALT LAKE CITY CORPORATION (Lessee) By: _ Title: JPMORGAN CHASE BANK, N.A. (Lessor) By: _ Title: Authorized Officer Page 26 of 59 CONTRACT NO. 01-1-21-3000 EXHIBIT "H" PREPAYMENT SCH EDULE ADDENDUM (Lockout Period) Dated As Of _ _ _ _ _ _ _ _ _ _ Lease Schedule No. ____________________ Les:sSalt Lake City Corporation Reference is made to the above Lease Schedule ("Schedule " ) and to the Master Lease-Purchase Agreement ("Master Lease") identified in the Schedule, which are by and between JPMORGAN CHASE BANK, N.A .("Lessor"), and the above lessee ("Lessee" ). As used herein : "Lease" shall mean the Schedule and the Master Lease, but only to the extent that the Master Lease relates to the Schedule. This Schedule Addendum amends and supplements the terms and conditions of the Lease. Unless otherwise defined herein, capitalized terms defined in the Lease shall have the same meaning when used herein. Solely for purposes of the Schedule, Lessor and Lessee agree as follows: 1. Notwithstanding anything to the contrary herein or the Lease, Lessee and Lessor agree that Lessee shall not exercise its prepayment or early purchase rights under the Lease (including, without limitation, Section 15 of the Master Lease as it relates to the Schedule) or this Addendum prior to the end of the Lock-Out Period specified below. Lock-Out Period: the first 12 months of the Lease Term of the Schedule 2. Notwithstanding anything to the contrary in the Lease (including, without limitation, Section 15 of the Master Lease as it relates to the Schedule), Lessee and Lessor agree that so long as no Event of Default has occurred and continues under the Lease and so long as Lessee gives Lessor at least 20 days prior written notice (the " Notice Period") and so long as the above Lock-Out Period has expired, Lessee may elect to prepay its obligations under the Schedule by paying to Lessor on the Rent Payment due date (a "Prepayment Date" ) following the Notice Period the total of the following (the "Prepayment Amount"): (a) all accrued Rent Payments, interest, taxes, late charges and other amounts then due and payable under the Lease; plus (b) the remaining principal balance payable by Lessee under the Schedule as of said Prepayment Date. 3. The parties acknowledge that the Termination Value column of the Payment Schedule to the Schedule is included solely for purposes of the calculations required by Section 13.3 of the Master Lease (casualty loss of Equipment) and Subsection 20(c) of the Master Lease (post-default remedies of Lessor) and said Termination Value column does not negate the restrictions on purchase options or voluntary prepayment in paragraphs 1 and 2 of this Addendum. 4. The prepayment or early purchase option rights granted herein shall control in the event of any conflict between the provisions of this Addendum and the Master Lease as it relates to the Schedule. Except as expressly amended or supplemented by this Addendum and other instruments signed by Lessor and Lessee, the Lease remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first written above. SALT LAKE CITY CORPORATION (Lessee) By: _ _ _ _ _ _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JPMORGAN CHASE BANK, N.A. (Lessor) By: _ _ _ _ _ _ _ _ _ _ _ _ Title: Authorized Officer CONTRACT NO . 01-1-21-3000 Page 27 of 59 EXHIBIT "I" PREPAYMENT SCHEDULE ADDENDUM (24-Month Lockout Period) Dated As Of Lease Schedule No. _ Lessee: SALT LAKE CITY CORPORATION Reference is made to the above Lease Schedule ("Schedule") and to the Master Lease-Purchase Agreement ("Master Lease") identified in the Schedule, which are by and between JPMORGAN CHASE BANK, N.A.("Lessor"), and the above lessee ("Lessee"). As used herein: "Lease" shall mean the Schedule and the Master Lease, bu t only to the extent that the Master Lease relates to the Schedule. This Schedule Addendum amends and supplements the terms and conditions of the Lease. Unless otherwise defined herein, capitalized terms defined in the Lease shall have the same meaning when used herein. Solely for purposes of the Schedule, Lessor and Lessee agree as follows: l. Notwithstanding anything to the contrary herein or the Lease, Lessee and Lessor agree that Lessee shall not exercise its prepayment or early purchase rights under the Lease (including, without limitation, Section 15 of the Master Lease as it relates to the Schedule) or this Addendum prior to the end of the Lock-Out Period specified below. Lock-Out Period: the first 24 months of the Lease Term of the Schedule 2. Notwithstanding anything to the contrary in the Lease (including, without limitation, Section 15 of the Master Lease as it relates to the Schedu le) , Lessee and Lessor agree that so long as no Event of Default has occurred and continues under the Lease and so long as Lessee gives Lessor at least 20 days prior written notice (the "Notice Period") and so long as the above Lock-Out Period has expired, Lessee may elect to prepay its obligations under the Schedule by paying to Lessor on the Rent Payment due date (a "Prepayment Date") following the Notice Period the total of the following (the "Prepayment Amount"): (a) all accrued Rent Payments, interest, taxes, late charges and other amounts then due and payable under the Lease; plus (b) the remaining principal balance payable by Lessee under the Schedule as of said Prepayment Date. 3. The parties acknowledge that the Termination Value column of the Payment Schedule to the Schedule is included solely for purposes of the calculations required by Section 13.3 of the Master Lease (casualty loss of Equipment) and Subsection 20(c) of the Master Lease (post-default remedies of Lessor) and said Termination Value column does not negate the restrictions on purchase options or voluntary prepayment in paragraphs 1 and 2 of this Addendum. 4. The prepayment or early purchase option rights granted herein shall control in the event of any conflict between the provisions of this Addendum and the Master Lease as it relates to the Schedule. Except as expressly amended or supplemented by this Addendum and other instruments signed by Lessor and Lessee, the Lease remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first written above. SALT LAKE CITY CORPORATION (Lessee) By:-------------- Title: _ JPMORGAN CHASE BANK, N.A. (Lessor) By: _ Title: Authorized Officer CONTRACT NO. 01-1-21-3000 Page 28 of 59 EXHIBIT "J" FORM OF OPINION OF COUNSEL (To Be Typed on Attorney ' s Letterhead Stationery) Date: Lessee: SALT LAKE CITY CORPORATION Lessor: JPMORGAN CHASE BANK, N.A. Re: Lease Schedule No. dated together with its Master Lease-Purchase Agreement dated as of by and between the above-named Lessee and the above-named Lessor. Sir/Madam: I have acted as counsel to Lessee with respect to the Lease Schedule and its Addenda, the Master Lease-Purchase Agreement and its Addenda, and all other agreements described above or related thereto (collectively, the "Agreements") and various related matters, and in this capacity have reviewed a duplicate original or copy of the Agreements and such other documents as I have deemed necessary for the purposes of this opinion. Based upon the examination of such documents, it is my opinion that: 1. Lessee is a political subdivision of the State of UT (the "State") duly organized, existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has power under State law to enter into all of the Agreements, and to carry out its obligations thereunder and the transactions contemplated thereby . 3. The Agreements and all other documents related thereto have been duly authorized , approved and executed by and on behalf of Lessee, and each of the Agreements is a valid and binding contract of Lessee enforceable in accordance with its terms, except to the extent limited by State and Federal laws affecting creditor's remedies and by b ankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization, approval and execution of the Agreements and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all applicable Local, State and Federal laws (including open meeting laws and public bidding and property acquisition laws). 5. To the best of my knowledge, there is no litigation or proceeding of merit pending before any court, administrative agency or governmental body, that challenges: the organization or existence of Lessee; the authority of its officers; the proper authorization, approval and execution of any of the Agreements or any documents relating thereto; the appropriation of monies to make payments under the Agreements for the current fiscal year; or the ability of Lessee otherwise to perform its obligations under the Agreements and the transactions contemplated thereby. 6. Lessee is a political subdivision of the State as referred to in Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder. 7. Lessee is organized under the Mayor-Council form of government as provided by the laws of the State. The Mayor, or the Mayor's designee, has authority to execute the Lease and to bind the Lessee thereby without any requirement of a resolution authorizing such by the city council. Lessor, its Assignee and any of their assigns may rely upon this opini on. Very truly yours, Attorney Page 29 of 59 CONTRACT NO. 01-1-21-3000 EXHIBIT "K" CERTIFICATE OF INCUMBENCY Lessee: Salt Lake City Corporation Master Lease-Purchase Agreement Dated _ I, the undersigned City Recorder identified below, do hereby certify that I am the duly elected or appointed and acting City Recorder of the above Lessee (the "Lessee"), a political subdivision duly organized and existing under the laws of the State where Lessee is located , that I have the title stated below, and that, as of the date here of, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. Such individuals are authorized to execute the Lease Schedule and its accompanying documents as demonstrated by the documents attached heret o. [NOTE: Use same titles as Authorized Representatives stated in Resolutions.] Name Title Signature Name Title Signature IN WITNESS WHEREOF, I have duly executed this certificate as of the date set forth below. Signature of City Recorder Print Name:---------------- Date:------------------ NOTE: In case the City Recorder is also the authorized representative that executes the Master Lease-Purchase Agreement I documents by the above incumbency, this certificate must also be signed by a second officer. Print Name: Signature: Title: Page 30 of 59 EXHIBIT "L" ESCROW AGREEMENT (Gross Fund-Earnings to Lessee) CONTRACT NO. 01-1-21-3000 Dated as of: ----- 20 This Escrow Agreement together with all addenda, riders and attachments hereto, as the same may from time to time be amended, modified or supplemented ("Agreement") is made and entered as of the date set forth above by and among the Escrow Agent identified below ("Escrow Agent"), the Lessee identified below ("Lessee") and JPMorgan Chase Bank, N.A. ("Lessor"). As used herein, "Party" shall mean any of Lessee, Lessor or Escrow Agent, and "Parties" shall mean all of Lessee, Lessor and Escrow Agent. The Parties hereby authorize the Escrow Agent to act as escrow agent hereunder . All references to Escrow Agent shall mean Deutsche Bank Trust Company Americas in its capacity as escrow agent only, and all references to Lessor shall mean JPMorgan Chase Bank, N.A. in its capacity as lessor only. Escrow Agent: Lessee: Deutsche Bank Trust Company Americas Salt Lake City Corporation For good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. 1.01 Lessor and Lessee have entered into the Lease identified below whereby Lessor has agreed to lease and sell certain property generally described in the attached Schedule A-1 (the "Equipment") to Lessee, and Lessee has agreed to lease and purchase the Equipment from Lessor, in the manner and on the terms set forth in the Lease. 1.02 "Lease" means, collectively, the Lease Schedule identified below and the Master Lease- Purchase Agreement identified in said Lease Schedule (to the extent that it relates to said Lease Schedule) together with all exhibits, schedules, addenda, riders and attachmen ts thereto. The Escrow Agent shall neither be responsible for, nor chargeable with, knowledge of, nor have any requirements to comply with , the terms and conditions of any other agreement, instrument or document between Lessee and Lessor, in connection herewith, if any, including without limitation the Lease, nor shall the Escrow Agent be required to determine if any person or entity has complied with any such agreements, nor shall any such obligations of the Escrow Agent be inferred from the terms of such agreements, even though reference thereto may be made in this Agreement. In the event of any conflict between the terms and provisions of this Agreement, those of the Lease. any schedule or exhibit attached to the Agreement. or any other agreement among the Parties, the terms and conditions of this Agreement shall control. Page 31 of 59 Lease Schedule No. 1000:XXXXXX 1.03 LESSOR'S DEPOSIT: $ • Lessor shall pay or cause to be paid to the Escrow Agent the amount of the Lessor's Deposit. The date that the Lessor's Deposit is paid to the Escrow Agent shall be referred to as the "Lessor's Deposit Date". Escrow Agent shall credit the Lessor's Deposit to the Equipment Acquisition Fund established in Section 2 hereof on the Lessor's Deposit Date. To the extent that the purchase price of the Equipment exceeds the Lessor's Deposit, Lessee shall either notify Escrow Agent and then deposit with Escrow Agent funds which will be credited to the Equipment Acquisition Fund and used to pay the balance of the purchase price of the Equipment or Lessee shall pay such balance directly to the suppliers. 1.04 FUNDING EXPIRATION DATE: ("Funding Expiration Date"). Lessee and Lessor agree that all Equipment should be delivered and installed, and all funds disbursed from the Equipment Acquisition Fund, no later than the above Funding Expiration Date. 1.05 Under the Lease, Lessee will cause each item of Equipment to be ordered from the applicable suppliers. Lessee shall furnish to Lessor as soon as available, a copy of the purchase orders or purchase contracts for all Equipment ordered pursuant to the Lease, showing the supplier, the purchase price and the estimated delivery dates. 1.06 Subject to such control by Lessee and Lessor as is provided herein, Lessor and Lessee agree to appoint the Escrow Agent and the Escrow Agent accepts such appointment to receive, hold, invest and disburse the moneys deposited with the Escrow Agent as described in this Agreement. The Escrow Agent shall not be obligated to assume or perform any obligation of Lessee or Lessor under the Lease or of any supplier with respect to any Equipment by reason of anything contained in this Agreement. Escrow Agent shall have only those duties as are specifically and expressly provided herein, which shall be deemed purely ministerial in nature, and no other duties shall be implied. Any funds in the Equipment Acquisition Fund not needed to pay the purchase price of Equipment will be paid to Lessor or Lessee, all as hereinafter provided. 1.07 This Agreement is not intended to alter or change in any way the rights and obligations of Lessor and Lessee under the Lease, but is entirely supplemental thereto. The provisions of this Agreement may be waived, altered, amended or supplemented, in whole or in part, only by a writing signed by all Parties. 1.08 Each of the Parties hereto has authority to enter into this Agreement, and has taken all actions necessary to authorize the execution of this Agreement by the officers whose signatures are affixed hereto. Where, however, the conflicting provisions of any such applicable law may be waived, they are hereby irrevocably waived by the Parties hereto to the fullest extent permitted by law, to the end that this Agreement shall be enforced as written. SECTION 2. EQUIPMENT ACQUISITION FUND. 2.01 The Escrow Agent's sole responsibility prior to the Lessor's Deposit Date shall be to establish an escrow account designated as the Equipment Acquisition Fund (the "Equipment Acquisition Fund"). Escrow Agent shall keep such funds deposited into the escrow account separate and apart from all other funds and money held by it, and shall administer such funds as provided in this Agreement. Escrow Agent's rights and responsibilities under this Agreement, other than establishment Page 32 of 59 of the Equipment Acquisition Fund, shall begin on the Lessor's Deposit Date , which may be on or after the date of this Agreement. 2.02 The Lessor's Deposit and any funds deposited by Lessee under Section 1.03 hereof shall be credited to the Equipment Acquisition Fund on the Lessor's Deposit Date and shall be used to pay the balance of the purchase price of each item of Equipment subject to the Lease . The Escrow Agent shall pay to the suppliers of the Equipment the payment amounts then due and payable with respect thereto upon receipt of a written request executed by an Authorized Representative (as defined in Section 7) of the Lessor, delivered to the Escrow Agent in accordance with Section 9.02, and after the Escrow Agent has satisfied any applicable security proc edures as required by Section 7. The written request will specify the supplier/beneficiary, its address or wire instructions and the applicable portion of the Equipment Acquisition Fund to be paid (the "Receipt Certificate/Payment Request"). As between Lessee and Lessor only, Lessee agrees that it will submit to Lessor for Lessor's signature a Receipt Certificate /Payment Request that has been executed by Lessee together with (a) the suppliers' invoices specifying the applicable portion of the purchase price of the items of Equipment described in said Receipt Certificate, (b) if the item of Equipment is a titled vehicle, a copy of the Manufacturer's Statement of Origin (MSO) covering such item showing Le ssor as fust and sole lienholder, and (c) any other documents required by the Lease , and Lessee agrees that Lessor shall not be obligated to execute any such Receipt Certificate until all of the foregoing have been submitted to Lessor. 2.03 If an Authorized Representative of the Lessor delivers to the Escrow Agent written notice of the occurrence of an event of default under the Lease or of a termination of the Lease due to a non-appropriation event or non-renewal event under the Lease, then the Escrow Agent shall immediately remit to Lessor the remaining balance of the Equipment Acquisition Fund. After its receipt of a notice of an event of default under the Lease, the Escrow Agent shall comply with all written instructions from an Authorized Representative of Lessor without further consent from Lessee or any other person. After its receipt of a notice of an event of default under the Lease, the Escrow Agent shall not accept or act upon any instruction from Lessee nor shall it permit any distribution or release of any part of the Equipment Acquisition Fund without written authorization from an Authorized Representative of the Lessor. 2.04 Upon the Escrow Agent's receipt of a Full Funding Notice (as defined below), the Escrow Agent shall apply the balance remaining in the Equipment Acquisition Fund: first, to all reasonable fees and expenses incurred by the Escrow Agent in connection herewith as evidenced by its statement forwarded to Lessee and Lessor; and second, to Lessor to be applied by Lessor for benefit of Lessee either: (a) toward the principal and interest portion of the Rent Payment next coming due under the Lease; or (b) to reimburse the Lessee for the interest portion of their Rental Payments previously made within the past 18 months; or (c) toward a partial prepayment of the principal amount remaining due under the Lease and thereupon Lessor shall prepare and deliver to Lessee a revised Payment Schedule reflecting such partial prepayment of principal. "Full Funding Notice" means written notification by an Authorized Representative of the Lessor to the Escrow Agent of the Lessor's receipt of the Final Receipt Certificate /Payment Request which confirms that all Equipment covered by the Lease has been delivered to and accepted by Lessee under the Lease and that the full amount of the Lessor's Deposit has been paid to the applicable suppliers. Page 33 of 59 2.05 Upon the Funding Expiration Date stated in Section 1.04 above, the Escrow Agent shall apply the remaining balance in the Equipment Acquisition Fund: first, to all reasonable fees and expenses incurred by the Escrow Agent in connection herewith as evidenced by its statement forwarded to Lessee and Lessor; and second, to Lessor to be applied by Lessor for benefit of Lessee either: (a) toward the principal portion of the Rent Payment next coming due under the Lease; or (b) to reimburse the Lessee for the interest portion of their Rental Payments previously made within the past 18 months; or (c) toward a partial prepayment of the principal amount remaining due under the Lease and thereupon Lessor shall prepare and deliver to Lessee a revised Payment Schedule reflecting such partial prepayment of principal. Upon the Funding Expiration Date stated in Section 1.04 above, the Escrow Agent shall apply the interest earnings on the Equipment Acquisition Fund as set forth in Section 2.04 above. 2.06 The Escrow Agent shall not be responsib le for the sufficiency of the moneys credited to the Equipment Acquisition Fund to make the payments herein required. 2.07 This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it hereunder, subject to the provisions of Section 4. SECTION 3. MONEY IN EQUIPMENT ACQUISITIONS FUND; INVESTMENT. 3.01 The money and investments held by the Escrow Agent under this Agreement are irrevocably held in escrow for the benefit of Lessee and Lessor, and such money, together with any income or interest earned thereon, shall be expended only as provided in this Agreement, and shall not be subject to any security interest or lien, by or for the benefit of any creditor of either Lessee or Lessor; provided, that the money and investments held by the Escrow Agent under this Agreement shall be subject to the security interests provided in Sect ions 3.07 and 4.03 hereof and further shall be subject to Section 12.04. 3.02 Money held by the Escrow Agent hereunder shall be invested and reinvested by the Escrow Agent at the written direction executed by an Authorized Representative of Lessee in Qualified Investments (as defined below). Such investments shall be registered in the name of the Escrow Agent and held by the Escrow Agent. The Escrow Agent may purchase or sell to itself or any affiliate, as principal or agent, investments authorized by this Section . Such investments and reinvestments shall be made giving consideration for the time at which funds are required to be available . No investment instruction shall be given that would cause the Agreement to be deemed an "arbitrage bond" within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended. 3.03 The Escrow Agent shall have no discretion whatsoever with respect to the management, disposition or investment of the Equipment Acquisition Fund. Lesse e acknowledges and agrees that all investments made pursuant to this section shall be for the account and risk of Lessee and any losses associated with investments shall be borne solely by Lessee . Escrow Agent shall from time to time invest and reinvest the funds held in the Equipment Acquisition Fund account, as and when instructed by an Authorized Representative of Lessee, in writing , in any one or more of the following (hereinafter, "Qualified Investments"): (a) obligations of the United States of America or any agency created thereby; (b) general obligations of any State of the United States of America; (c) general Page 34 of 59 obligations of any political subdivision of a State of the United States of America, if such obligations are rated by at least two recognized rating services as at least AA; (d) certificates of deposit of any national bank or banks (including, if applicabl e, Escrow Agent or an affiliate of Escrow Agent) insured by the Federal Deposit Insurance Corporation (FDIC) with a net worth in excess of $100,000,000.00 ("Acceptable Bank"); (e) obligations of State or Municipal Public Housing Authorities chartered by th e United States of America and guaranteed by the United States of America; (f) demand interest bearing accounts of Escrow Agent or an affiliate of Escrow Agent if Escrow Agent or an affiliate of Escrow Agent is an Acceptable Bank; (g) money market funds whose assets are solely invested in obligations listed in (a) through (f) above, including repurchase agreements secured by such obligations and which money market funds are rated in either of the two hig hest categories of any Rating Agency at the time of purchase, including, without limitation, the Deutsche Bank Trust Company Americas Funds, or any other mutual fund for which the Escrow Agent or an affiliate of the Escrow Agent serves as investment manager, administrator, shareholder servicing agent, and/or custodian or subcustodian, notwithstanding that (1) the Escrow Agent or an affiliate of the Escrow Agent receives fees from such funds for services rendered, (2) the Escrow Agent charges and collects fees for services rendered pursuant to this Agreement, which fees are, separate from the fees received from such funds and (3) services performed for such funds and pursuant to this Agreement may at times duplicate those provided to such funds by the Escrow Agent or its affiliates; and (h) any other obligations approved in writing by Lessor. Unless otherwise directed in writing by an Authorized Representative of the Lessee, the Escrow Agent shall invest the Equipment Acquisition Fund, including all income earnings, as selected by the Lessee on schedule 1 hereto ("Schedule 1"} upon the execution of this Agreement. In the event that no election is made by an Authorized Representative of Lessee by the Lessor's Deposit Date, Escrow Agent shall invest the Equipment Acquisition Fund in an investment available through the Escrow Agent's Trust Platform or in an interest bearing account that the Escrow Agent has agreed to and upon written direction to the Escrow Agent. 3.04 If any of the above-described Qualified Investments are not legal investments of Lessee, then an Authorized Representative of the Lessee shall immediately notify Escrow Agent which of said Qualified Investments are not legal investments of Lessee, and shall provide Escrow Agent with direction to invest funds in accordance with Section 3.03. It is the sole responsibility of the Lessee to ascertain that all investments comply with all applicable federal, state, and local laws, statues, and policies. 3.05 The Escrow Agent shall, without further direction, sell such investments as and when required to make any payment from the Equipment Acquisition Fund. Any income received on such investments shall be credited to the Equipment Acquisition Fund. 3.06 The Escrow Agent shall furnish a monthly statement listing all investments to Lessor and to Lessee. The Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investments of moneys made by it in accordance with this Section . Market values, exchange rates and other valuation information (including without limitation, market value, current value or notional value) of any Qualified Investment furnished in any report or statement may be obtained from third party sources and is furnished for the exclusive use of the Parties. The Escrow Agent has no responsibility whatsoever to determine the market or other value of any Qualified Investment and makes no representation or warranty, express or implied, as to the accuracy of any such valuations or that any values necessarily reflect the proceeds that may be received on the sale of a Qualified Investment. Page 35 of 59 3.07 Lessee hereby grants Lessor a security interest in the money and investments held by the Escrow Agent under this Agreement as collateral security for the payment and performance of all of Lessee's obligations under the Lease, this Agreement and any agreement, contract or instrument related to the Lease or this Agreement. Lessee represent s and warrants to Lessor that the money and investments held by the Escrow Agent under this Agreement are free and clear of any liens, security interests or encumbrances other than the security interests created under this Agreement. Escrow Agent hereby acknowledges that it holds the money and investments held by the Escrow Agent under this Agreement subject to such security interest created by Lessee as bailee for Lessor; provided, that Escrow Agent's security interest in such money and investments as created under Section 4.03 hereof shall be superior to Lessor's security interest therein. It is understood that Escrow Agent has no responsibility with respect to the validity or perfection of the security interest other than to act in accordance with the terms of this Agreement. SECTION 4. ESCROW AGENT'S AUTHORITY; INDEMNIFICATION. 4.01 The Escrow Agent may: act in reliance upon any writing, notice, certificate, instruction, instrument or signature which it, in good faith, believes to be genuine and to have been signed by an Authorized Representative of the applicable Party or Parties; assume the validity and accuracy of any statement or assertion contained in such a writing, notice, certificate, instruction or instrument ; and assume that any person purporting to give any such writing, notice, certificate, instruction or instrument in connection with the provisions hereof has been duly authorized to do so. Except as expressly provided otherwise in this Agreement, the Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form of, the manner of execution of, or the validity, accuracy or authenticity of any writing, notice, certificate, instruction or instrument deposited with it, nor as to the identity, authority or right of any person executing the same. The Escrow Agent shall not be liable for any action taken, suffered or omitted to be taken by it except to the extent that a final adjudication of a court of competent jurisdiction determines that the Escrow Agent's gross negligence or willful misconduct was the primary cause of any loss to either Party. The Escrow Agent's duties hereunder (including, without limitation, its duties as to the safekeeping, investment and disbursement of moneys in the Equipment Acquisition Fund) shall be limited to those specifically provided herein. 4.02 Lessee and Lessor jointly and severally shall indemnify, defend and save harmless the Escrow Agent from any and all claims, liabilities, losses, damages, fines, penalties and expenses (including out-of pocket and incidental expenses and fe es and expenses of in house or outside counsel) ("Losses") arising out of or in connection with (i) its execution and performance of this Agreement, except to the extent and that such Losses are determined by a court of competent jurisdiction through a final order to have been caused by the gross negligence or willful misconduct of the Escrow Agent, or (ii) its following any instructions or other directions from Lessee or the Lessor, except to the extent that its following any such instruction or direction is expressly forbidden by the terms hereof . The provisions of this Section 4.02 shall survive the termination of this Agreement and the resignation or removal of the Escrow Agent for any reason. The indemnifications set forth herein are intended to and shall include the indemnification of all affected agents, directors, officers and employees of the Escrow Agent. In no event shall the Escrow Agent be liable for special , incidental, punitive, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Agent has been advised of the likelihood of such loss or damage and regardless of the form of action. 4.03 Lessee and Lessor hereby grant Escrow Agent a first priority security interest in the money and investments held by the Escrow Agent under this Agreement as collateral security for the Page 36 of 59 costs and expenses of the foregoing of Section 4.02 and for any other expenses, costs, fees or charges of any character or nature which may be incurred by the Escrow Agent (including reasonable attorneys' fees and court costs) relating to any suit (interpleader or otherwise) or other dispute arising between Lessee and Lessor as to the correct interpretation of the Lease, this Agreement or any instructions given to the Escrow Agent hereunder, with the right of the Escrow Agent, regardless of the instructions aforesaid, to hold the said property until and unless said expenses, costs , fees and charges shall be fully paid. 4.04 Except as otherwise provided in accordance with Section 2.03 above, if Lessee or Lessor disagree about the interpretation of the Lease or this Agreement, about their rights and obligations under the Lease or this Agreement , or about the propriety of any action contemplated by the Escrow Agent hereunder, then the Escrow Agent may, but shall not be required to, file an appropriate civil action to resolve the disagreement. Les see and Lessor shall pay all costs, including reasonable attorneys' fees, in connection with such action. Unless the Escrow Agent has received a notice of an event of default under the Lease in accordance with Section 2.03 above, if Escrow Agent receives conflicting instructions from the Parties, the Escrow Agent shall be entitled and fully protected in (a) suspending all or any part of its activities under this Agreement until it shall be given a joint written direction executed by Authorized Represen tatives of the Parties which eliminates such conflict or by a final court order or (b) file an action in interpleader. Lessor and Lessee agree to pursue any redress or recourse in connection with any dispute without making the Escrow Agent a party to the same. 4.05 Escrow Agent may execute any of its powers and perform any of its duties hereunder directly or through affiliates or agents. 4.06 The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes of facts or error s of judgment, or for any acts or omissions of any kind unless caused by the Escrow Agent's gross negligence or willful misconduct. None of the provisions contained in this Agreement shall require the Escrow Agent to use or advance its own funds in the performance of any of its duties or the exercise of any of its rights or powers hereunder. SECTION 5. CHANGE OF ESCROW AGENT. 5.01 Upon agreement of the parties hereto, a national banking association or a state bank having capital (exclusive of borrowed capital) and surplus of at least $10,000,000 .00, qualified as a depository of public funds, may be substituted to act as Escrow Agent under this Agreement. Such substitution shall not be deemed to affect the rights or obligations of the parties hereto. Upon any such substitution, the Escrow Agent agrees to assign to su ch substitute Escrow Agent all of its rights under this Agreement. 5.02 The Escrow Agent may resign and be discharged from its duties hereunder at any time by giving thirty (30) calendar days' prior written notice of such resignation to the Lessee and Lessor. The Lessee and Lessor may remove the Escrow Agent at any time by giving thirty (30) calendar days' prior written notice to the Escrow Agent. Upon such notice, a successor escrow agent shall be appointed by the Lessor and Lessee, who shall provide written notice of such to the resigning Escrow Agent. Such successor escrow agent shall become the escrow agent hereunder upon the resignation or removal date specified in such notice. If the Lessor and Lessee are unable to agree upon a successor escrow agent within thirty (30) days after such notice, the Escrow Agent may, in its sole discretion, Page 37 of 59 deliver the Equipment Acquisition Fund to the Lessor at the address provided herein or may apply to a court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief. The costs and expenses (including its att orneys' fees and expenses) incurred by the Escrow Agent in connection with such proceeding shall be paid by the Lessee and Lessor. Upon receipt of the identity of the successor escrow agent, the Escrow Agent shall either deliver the Escrow Property then held hereunder to the successor Escrow Agent, less the Escrow Agent's fees, costs and expenses or other obligations owed to the Escrow Agent to be paid from any interest earned in respect of the Escrow Property, or hold any interest earned in respect of the Escrow Property (or any portion thereof), pending distribution, until all such fees, costs and expenses or other obligations are paid. Upon its resignation and delivery of the Escrow Property as set forth in this Section, the Escrow Agent shall be discharged of and from any and all further obligations arising in connection with the Escrow Property or this Agreement. 5.03 The Escrow Agent may appoint an agent to exercise any of the powers, rights or remedies granted to the Escrow Agent under thi s Agreement, to hold title to property or to take any other action which may be desirable or necessary hereunder. 5.04 Any corporation, association or other entity into which the Escrow Agent may be converted or merged, or with which it may be consolidated, or to which it may sell or otherwise transfer all or substantially all of its corporate trust assets and business to any corporation, association or other entity resulting from any such conversion, sale, merger consolidation or other transfer to which it is a party, ipso facto, shall be and become successor escrow agent hereunder, vested with all other matters as was its predecessor, without the execution or filing of any instrument or any further act on the part of the parties hereto, notwithstanding anything herein to the contrary. SECTION 6. ADMINISTRATIVE PROVISIONS. 6.01 The Escrow Agent shall keep complete and accurate records of all money received and disbursed under this Agreement, which shall be available for inspection by Lessee or Lessor, or the agent of either of them, at any time during regular business hours. 6.02 This Agreement shall be construed and governed in accordance with the laws of the State where Lessee is located. Each Party irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts located in the State where the Lessee is located. To the extent that in any jurisdiction either Party may now or hereafter be entitled to claim for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, such Party shall not claim, and hereby irrevocably waives, such immunity. 6.03 The Parties represent, warrant and covenant that each document, notice, instruction or request provided by such Party to Escrow Agent shall comply with applicable laws and regulations. Any provision of this Agreement found to be prohibited by law shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Agreement. 6.04 This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Any entity into which the Escrow Agent may be merged or converted or with which it may be consolidated, or any entity to which all or substantially all the escrow business may be transferred, shall be the Escrow Agent under this Agreement without further Page 38 of 59 act. Specifically, the term "Lessor" as used herein means any person or entity to whom Lessor has assigned its right to receive Rent Payments under the Lease and any other payments due to Lessor hereunder from and after the date when a written notice of such assignment is filed with the Escrow Agent. Neither this Agreement nor any right or interest hereunder may be assigned by any Party without the prior consent of Escrow Agent and the other Party; unless the assignment is to JPMorgan Chase & Co., then consent will not be required. 6.05 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same Agreement. Except as expressly provided in Section 4 above, nothing in this Agreement, whether express or implied, shall be construed to give to any person or entity other than Escrow Agent and the Parties any legal or equitable right, remedy, interest or claim under or in respect of the Equipment Acquisition Fund or this Agreement. 6.06 All signatures of the Parties to this Agreement may be transmitted by a Portable Document Format ("PDF"), and PDF will, for all purposes, be deemed to be the original signature of such Party whose signature it reproduces, and will be binding upon such Party. SECTION 7. SECURITY PROCEDURES. In the event funds transfer instructions are given (whether in writing or by PDF), executed by the appropriate Party or Parties as evidenced by the signatures of the person or persons signing this Agreement or one of their designated persons as set forth in Schedule 2 (each an "Authorized Representative"), and delivered to the Escrow Agent in accordance with Section 9.02, the undersigned is authorized to certify that the signatories on Schedule 2 are specimen signatures of each of their respective Authorized Representatives. The Escrow Agent and the beneficiary's bank in any funds transfer may rely solely upon any account numbers or similar identifying numbers provided by the Lessee or Lessor to identify (i) the beneficiary, (ii) the beneficiary's bank, or (iii) an intermediary bank. The Escrow Agent may apply any of the escrowed funds for any payment order it executes using any such identifying number, even where its use may result in a person other than the beneficiary being paid, or the transfer of funds to a bank other than the beneficiary's bank or an intermediary bank designated. The Lessor and Lessee acknowledge that these security procedures are commercially reasonable. SECTION 8. ESCROW AGENT FEES. $1,500 ("Administration Fee"). As compensation for Escrow Agent's services hereunder, Lessee agrees to pay Escrow Agent the above Administration Fee. If the Administration Fee is payable by Lessee, then Lessee authorizes Escrow Agent either to deduct said Administration Fee from the interest and earnings otherwise payable to Lessee under this Agreement or to bill and collect said Administration Fee at any time. In addition, Lessee agrees to reimburse Escrow Agent for its reasonable out -of-pocket costs and expenses and any extraordinary fees and expenses for performing its obligations hereunder (including, but not limited to, attorney's fees and expenses) and to pay all other amounts expressly due and payable to Escrow Agent hereunder. The Escrow Agent may impose, charge, pass-through and modify fees and/or charges for any account established and services provided by the Escrow Agent, including but not limited to, transactions, maintenance, balance -deficiency, and service fees, agency or trade execution fees, and other charges, including those levied by any governmental authority. Page 39 of 59 fil' SECTION 9. NOTICES. 9.01 Notwithstanding anything to the contrary as set forth Section 9.02, any notices and demands under or related to this document shall be in writing and delivered to the intended Party at its address stated herein. Notice shall be deemed sufficiently given or made (a) upon receipt if delivered by hand, (b) on the Delivery Day after the day of deposit with a nationally recognized courier service, (c) on the third Delivery Day after the day of deposit in the United States mail, sent certified, postage prepaid with return receipt requested, (d) only if to Lessee, on the third Delivery Day after the notice is deposited in the United States mail, postage prepaid, and (e) upon receipt if delivered by confirmed facsimile. "Delivery Day" means a day other than a Saturday, a Sunday, or any other day on which national banking associations are authorized to be closed . Any Party may change its address for the purposes of the receipt of notices and demands by giving notice of such change in the manner provided in this provision. 9.02 Any instructions setting forth, claiming, containing, objecting to, or in any way related to the transfer or distribution of funds, including but not limited to any such funds transfer instructions that may otherwise be set forth in a written instruction permitted pursuant to Section 2 of this Agreement, shall be given to the Escrow Agent in writing, be executed by an Authorized Representative and sent as a PDF attached to an email only. No instruction for or related to the transfer or distribution of the Equipment Acquisition Fund shall be deemed delivered and effective unless Escrow Agent actually shall have received it on a Delivery Day as a PDF attached to an email only at the email address set forth in this Section 9.02 and as evidenced by a confirmed transmittal to the Party's or Parties email address and Escrow Agent has been able to satisfy any applicable security procedures as may be required hereunder. The Escrow Agent shall not be liable to any Party or other person for refraining from acting upon any instruction for or related to the transfer or distribution o f the Equipment Acquisition Fund if delivered to any other fax number or email address, including but not limited to a valid email address of any employee of the Escrow Agent. The Lessor and Lessee acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet and the Parties hereby expressly assume such risks. Notices shall be addressed as follows: (i) If to the Lessee: SALT LAKE CITY CORPORATION PO BOX 145451 451 S. STATE Rm 248 SALT LAKE CIT¥1.. 84114-5451 Attn: RUSSELL Surlj.uOUIST Telephone: 801-535-6460 Cell: 801-655-1681 Email: Russell.Sundguist@slcgov.com (ii) If to the Lessor: JPMORGAN CHASE BANK, N.A. 1111 POLARIS PARKWAY, SUITE 4N MAIL CODE OHl-1085 COLUMBUS, OHIO 43240 Attention: GHHN Operations Manager Email: cefi.escrow.disbursement.request@jpmchase.com (iii) If to the Escrow Agent: DEUTSCHE BANK TRUST COMPANY AMERICAS Page 40 of 59 60 WALL STREET, 24th Floor NEWYORK,NY 10005 Attn: DBNY MP Escrow #----- Telephone: 212-250-6647 Email: dbny-mpescro\\ a list.db.com SECTION 10. FORCE MAJEURE. Notwithstanding any other provision of this Agreement, no Party to this Agreement is liable to any other Party for losses due to, or if it is unable to perform its obligations under the terms of this Agreement because of acts of God, war, terrorism, fire , floods, strikes, electrical outages, equipment or transmission failures, or other causes reasonably beyond its control. SECTION 11. JURY WAIVER. ALL PARTIES TO THIS AGREEMENT WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTER CLAIM BROUGHT BY ANY PARTY AGAINST ANOTHER PARTY ON ANY MATIER WHATSOEVER ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS AGREEMENT. SECTION 12. MISCELLANEOUS. 12.01 Patriot Act Section 326 Customer Identification Program. In order to comply with the laws, rules, regulations and executive orders in effec t from time to time applicable to banking institutions, including, without limitation, those relating to the funding of terrorist activities and money laundering, including Section 326 of the USA PA TRIOT Act of the United States ("Applicable Law"), the Escrow Agent are required to obtain, verify, record and update certain information relating to individuals and entities which maintain a business relationship with the Escrow Agent. Accordingly, each of the parties agree to provide to the Escrow Agent , upon their request from time to time such identifying information and documentation as may be a vailable for such party in order to enable the Escrow Agent to comply with Applicable Law. 12.02 Taxpayer Identification Numbers ("TINs"). The other Parties have provided the Escrow Agent with their respective fully executed Internal Revenue Service ("IRS") Form W -8, or W- 9 and/or other required documentation . The other Parties each represent that its correct TIN assigned by the IRS, or any other taxing authority, is set forth in the delivered forms. 12.03 Tax Reporting. All interest or other income earned under the Agreement shall be allocated to the Lessee and reported by the Escrow Agent to the IRS , or any other taxing authority, on IRS Form 1099 or 1042S (or other appropriate form) as income earned from the Equipment Acquisition Fund by the Lessee whether or not said income has been distributed during such year . The Lessor and Lessee hereby represent to the Escrow Agent that no other tax reporting of any kind is required given the underlying transaction giving rise to this Agreement. Escrow Agent shall withhold any taxes it deems appropriate, including but not limited to required withholding, in the absence of proper tax documentation or as required by law, and shall remit such taxes to the appropriate authorities. 12.04 Court Orders. In the event that any of the Equipment Acquisition Fund shall be attached, garnished, levied upon, or otherwise be subject to any court order, or the delivery thereof Page 41 of 59 shall be stayed or enjoined by an order of a court, the Escrow Agent is hereby expressly authorized, in its sole discretion, to obey and comply with all such orders so entered or issued, which it is advised by legal counsel of its own choosing is binding upon it, whether with or without jurisdiction, and in the event that the Escrow Agent obeys or complies with any such order it shall not be liable to any of the Parties hereto or to any other person by reason of such compliance notwithstanding such order be subsequently reversed, modified, annulled, set aside or vacated. Section 13. USE OF ELECTRONIC RECORDS AND SIGNATURES BY ESCROW AGENT (a) Notwithstanding any other provision of this Agreement, in such format and delivered in such manner as Lessor may specify, this Agreement, and any notice, consent, amendment, communication, or other document or information provided for herein or related to the Escrow Agreement (collectively, "Documents"), including without limitation any Document required to be written or in writing, may be in the form of an electronic record ("Electronic Record"). Electronic Records and "Electronic Signatures" (as that term is defined under the New York Electronic Signatures and Records Act, N.Y. Laws SIT - State Technology Article 3, and, to the extent applicable, the federal ESIGN Act, 15 U.S.C. § 7001 et seq.) may be used by Escrow Agent in place of written documents and handwritten signatures. Any Document may be executed in as many counterparts as necessary or convenient, including both counterparts that are executed on paper and counterparts that are Electronic Records and executed by Escrow Agent using Electronic Signatures. Each executed counterpart shall be deemed an original, and all such counterparts shall constitute one and the same Document. (b) Notwithstanding any other provision of the Escrow Agreement, Electronic Records may be sent electronically by Lessor to Escrow Agent by sending the Electronic Record to Escrow Agent's Authorized Email Address as an attachment to an email. In the absence of actual notice of non- delivery received by the sender, and except as otherwise expressly required by applicable law, an Electronic Record sent electronically pursuant to the Escrow Agreement shall be deemed given when the Electronic Record is sent and shall constitute notice of the Electronic Record. As used in this subparagraph, "Authorized Email Address" means any email address Escrow Agent provides to Lessor as Escrow Agent' email address or the email address of Escrow Agent's authorized representative, including as provided in any authorization or certification provided by Escrow Agent to Lessor. (c) Lessor and Lessee will accept Electronic Signatures from Escrow Agent generated only through the electronic signature platform of DocuSign, Inc. ("DocuSign"). Any Document consisting of an Electronic Record bearing Electronic Signatures executed through DocuSign (an "Electronically Signed Document") must, when viewed in a PDF viewer, produce a signature panel evidencing the document has not been modified since the signature was applied ("Signature Panel") and must include a certificate of completion providing details about each signer on the document, which may include the signer's IP address, email address, signature image and timestamp ("Certificate of Completion"). In choosing not to use (or, in the case of encryption, not having the capability to use) any one or more security features ofDocuSign, Escrow Agent accepts the risks associated with not using such security measures. Escrow Agent shall be liable for any loss or costs suffered by Lessor or Lessee as a result of not using such security measures. Any Electronically Signed Document that (i) contains the Certificate of Completion and (ii) shows that the email address of the signer contained in the Certificate of Completion is an Authorized Email Address previously provided to Lessor by Escrow Agent (or Lessor has otherwise received a verification email from such Authorized Email Address) for an Authorized Signer (defined below), is prima-facie evidence of it having been executed by the person whose electronic signature appears thereon, regardless of the appearance or form of such electronic signature. Escrow Agent agrees that an Electronically Signed Document shall be deemed to have the same effect as an original Document manually signed by an Authorized Signer. Page 42 of 59 (d) Lessor and Lessee will accept delivery from Escrow Agent of Electronically Signed Documents (i) which conform to the parties' negotiated and agreed terms and the requirements herein , and (ii) which were created and sent by Escrow Agent acting on Lessor's behalf as its designated custodian solely for purposes of Section 9-105 of the Uniform Commerc ial Code (" Designated Custodian") until receipt of delivery by Lessor of the Document. L essor, Lessee and Escrow Agent agree that the copy of an Electronically Signed Document received by Lessor from Escrow Agent is the authoritative electronic copy of such Electronic Record (each an "Authoritative Copy"). Notwithstanding anything to the contrary herein, Lessor shall have the righ t to reject for any reason any Electronically Signed Document received from Escrow Agent, including by way of example and not limitation , any failure of such Document to conform as provided here in, and may require Escrow Agent to execute and deliver such Document on paper. Upon receipt and acceptance of the executed Authoritative Copy by Lessor, Escrow Agent shall decommission, permanently mark as a copy that it is not the Authoritative Copy, or otherwise render inactive or inaccessible all copies of the Documents held by Escrow Agent as Designated Custodian and certify the same as part of the transmittal to Lessor. (e) At the Lessor ' s option, an Authoritative Copy of the Document may be converted to paper and marked as the original by the Lessor (each a "Paper Original"). In the event the Authoritative Copy is converted to a Paper Original, the parties hereto acknowledge and agree that: a. the electronic signing of the Document also constitutes issuance and delivery of the Paper Original, b. the Electronic Signature(s) associated with the Document, when affixed to the Paper Original, constitutes legally valid and binding signatures on the Paper Original, and c. the Escrow Agent's obligations will be evidenced by the Paper Original after such conversion. (f) Escrow Agent will separately provide Lessor with documentation (i) showing or certifying the authority of its authorized signers ("Author ize d Signers") to sign documents on behalf of Escrow Agent and (ii) containing the correct name, Authorized Email Address, and telephone numbers for each Authorized Signer ("Authori ty Documents "). Escrow Agent represents and warrants that the information contained in the Authority Documents is accurate and complete, and that the Escrow Agent will promptly notify Lessor if there are any changes to the Authority Documents, including if an Authorized Signer' s authority is modified or revoked. Lessor is authorized to rely on the information set forth in the Authority Documents until it receives and has had a reasonable time to act on such notice . The Lessor has no obligation to verify whether the Electronic Signature for any Authorized Signer in an Electronically Signed Do cument matches the specimen signature held by the Lessor, the name, or other information or characteristic of the Authorized Signer, or otherwise verify in any way that the Electronically Signed Document was actually executed by that Authorized Signer. (g) Escrow Agent represents and warrants on a continuous basis that (i) Electronically Signed Documents shall be deemed to have the same effect as an original document manually signed by an Authorized Signer; and (ii) each Electronically Signed Document has be en validly executed by duly Authorized Signer(s) in accordance with the requirements ofapplicable law and, to the extent relevant, the Escrow Agent' s organizational documents; (iii) each Electronically Signed Document constitutes a valid, legal, enforceable and binding obligation of the Escrow Agent; and (iv) each Electronically Signed Document consisting the Document was created and delivered by Escrow Agent to Lessor in Escrow Agent ' s capacity as Designated Custodian. The Escrow Agent acknowledges that the Lessor and Lessee has relied on the foregoing representations and warranties when accepting Electronically Signed Documents . The Escrow Agent confirms that each Electronically Signed Document constitutes an Electronic Record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such printed copies will be treated to the same extent and under the same conditions as other original business records created and maintained in documentary form. The Escrow Agent represents and warrants that it has commercially reasonable policies and procedures intended to prevent unauthorized access to email messages delivered to any Page 43 of 59 Authorized Signer at the Authorized Signer' s business email address, which include the following : (i) each Authorized Signer is assigned a unique business email address; (ii) the Authorized Signer' s access to the business email account requires at least the use of a unique username and password; and (iii) the Authorized Signer is required to maintain the security of the log-in password and other security used to access the business email account and not to reveal them to any other person. (h) Lessor assumes no responsibility or liability arising from the transmission, treatment or storage of any data by any e-signature platform, including, without limitation, any personal data. In consideration of the Lessor and Lessee accepting Electronically Signed Documents, the Escrow Agent indemnifies and holds the Lessor and Lessee, and their agents, employees, officers and directors, harmless from and against any and all claims, damages, demands,judgments, liabilities, losses, costs and expenses (including attorneys ' fees) arising out of or resulting from the Lessor's or Lessee's reliance on this Agreement or on an Electronically Signed Document executed on behalf of the Escrow Agent. IN WITNESS WHEREOF, the parties have executed this Agreement. SALT LAKE CITY CORPORATION (Lessee) By: Titl e: JPMORGAN CHASE BANK, N.A. (Lessor) By: Title: Authorized Officer DEUTSCHE BANK TRUST COMPANY AMERICAS, as escrow agent (Escrow Agent) By: Titl e: DEUTSCHE BANK TRUST COMPANY AMERICAS, as escrow agent (Escrow Agent) By --------------- - Title: Attachments: Schedule 1 (Investment Authorization) Schedule 2 (Name/telephone# of call-back person(s) designated by Section 7 above) Page 44 of 59 SCHEDULE 1 Investment Authorization Lessee: Lease No.: SALT LAKE CITY CORPORATION 1000:XXXXXX Investment: SELECT QUALIFIED INVESTMENT BELOW [ ] During the term of this Agreement, the Equipment Acquisition Fund shall remain in a Non-Interest Bearing Account. [ ] A money market mutual fund, including without limitation a JPMorgan Money Market Mutual Fund (collectively, "MMMF"), as selected by Lessee below. Check One (if the money market mutual fund option is selected above): _ JPMorgan 100% U.S. Treasury Securities Money Market Fund (675) JPMorgan U.S. Government Money Market Fund Morgan Shares (3916) _ JPMorgan U.S. Treasury Plus Money Market Fund Morgan Shares (3919) _ JPMorgan Federal Money Market Fund Morgan Shares (353) JPMorgan 100% U.S. Treasury Money Market Fund Morgan Shares (677) _ JPMorgan Tax Free Money Market Fund Morgan Shares (2) _ Federated U.S. Treasury Cash Reserves Money Market Fund Institutional Service Shares (632) _ Federated Government Obligations Tax -Managed Money Market Fund Institutional Service Shares (637) Federated Treasury Obligations Money Market Fund Institutional Service Shares (398) _ Federated Government Obligations Money Market Fund Institutional Service Shares (395) Notes related to MMMFs: 1) An investment in any of the above investment options is subject to the availability of such money market mutual fund. If the selected investment is not available at the present time you will be contacted by a Deutsche Bank Trust Company Americas representative. 2) Each investment instrument above has a rating not lower than the highest rating categ ory from both Standard & Poor's and Moody's. 3) Lessee acknowledges that an affiliate of Escrow Agent, Deutsche Bank Trust Company Americas, serves as investment manager for the selected MMMF and receives fees from the invested funds for services rendered separate from the fees for services rendered by Escrow Agent as further provided within this Agreement. MMMFs have rates of compensation that may vary from time to time based upon market conditions. The Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investments of moneys made by it in accordance with Section 3 of the Agreement. Page 45 of 59 4) The Lessee, hereby acknowledges and confirms that it makes its own investment decisions and has not been offered any advice or recommendat ion on investing in any MMMF and if selected above, is based upon Lessee's independent review of prospectuses previously delivered to Lessee. The Lessee recognizes and agrees that the Escrow Agent has not and will not provide supervision, recommendations or advice relating to either the investment of moneys held in the Equipment Acquisition Fund account or the purchase, sale, retention or other disposition of any Qualified Investment. 5) Market values, exchange rates and other valuation information (including without limitation, market value, current value or notional value) of any MMMF furnished in any report or statement may be obtained from third party sources and is furnished for the exclusive use of the Lessee and Lessor. Escrow Agent has no responsibility whatsoever to determine the market or other value of any MMMF or other non-cash Qualified Investments and makes no representation or warranty, express or implied, as to the accuracy of any such valuations or that any values necessarily reflect the proceeds that may be received on the sale of an MMMF or such Qualified Investments. 6) SHAREHOLDER SERVICES FEES: Lessee acknowledges that the Fund is authorized to make payments from its management fee or any other source available to parties such as banks or broker-dealers ("Service Organizations") that provide shareholder support services to the Fund and that Service Organizations currently are compensated at a rate of up to the Maximum Rate of .50% annually of the average net assets of each Fund with respect to which they provide or have provided shareholder support services. Lessee further acknowledges that Deutsche Bank Trust Company Americas is a Service Organization and is paid, and hereby consents to such payment, by the Fund up to the Maximum Rate annually of the average daily balance of the Account invested in the Fund for shareholdersupport services rendered to the Fund by Deutsche Bank Trust Company Americas, which services may include, without limitation, answering client's inquiries regarding the Fund, assistance to clients in changing dividend options, account designations and addresses, processing purchase and redemption transactions, providing periodic statements showing a client's account balance and the integration of such statement with other transactions, arranging for Deutsche Bank Trust Company Americas wires, and providing such o ther information and services as the Fund's distributor or Lessee reasonably may request. Lessee further acknowledges that the Fund may purchase securities from or through Deutsche B ank Trust Company Americas or its affiliates, may engage in repurchase transactions with Deutsche Bank Trust Company Americas or its affiliates, may place funds on deposit in accounts with Deutsche Bank Trust Company Americas or its affiliates and receive interest income thereon and may obtain other services from Deutsche Bank Trust Company Americas for which Deutsche Bank Trust Company Americas is paid a fee. This investment authorization and direction will remain in effect until and unless expressly revoked or superseded in writing and shall specify the type and identity of the investments to be purchased and/or sold. Page 46 of 59 SCHEDULE 2 Telephone Number(s) and Signature(s) for Person(s) Designated to Give Funds Transfer Instructions If from Lessee: Name Telephone Number Signature 1. 2. 3. If from Lessor: Name Telephone Number Signature 1. Stacey R. Roth 614-213-1537 (Standing Signature on File) 2. Karen L Williams 312-385-7005 (Standing Signature on File) 3. Anastasia L. McClellan 614-213-4876 (Standing Signature on File) 4. Terri E. Sayers 614-213-4521 (Standing Signature on File) 5. Cherie L. Oliveto 614-213-3246 (Standing Signature on File) 6. Mary T. Short 614-213-4881 (Standing Signature on File) 7. Kris Hewitt 614-213-8581 (Standing Signature on File) 8. Kelsey A. Bruck 614-213-9516 (Standing Signature on File) 9. Meron Gola 614-217-4670 (Standing Signature on File) 10. Teri L. Fancelli 614-213-2270 (Standing Signature on File) 11. Ruhe, Nathaniel J. 614-213-3859 (Standing Signature on File) 12. Mullennix, Debbie J. 614-213-5797 (Standing Signature on File) Page 47 of 59 13. Lourdes Roman 312-732-6444 (Standing Signature on File) 14. Kerry Stygler 614-213-4400 (Standing Signature on File) All instructions, including but not limited to funds transfer instructions, whether transmitted by facsimile or set forth in a PDF attached to an email, must include the signature of the Authorized Representative authorizing said funds transfer on behalf of the Party. Page 48 of 59 SCHEDULE A-1 (Equipment List) Expected Equipment Purchase $0.00 Price: Net Amount Financed: $0.00 Equipment Location: Equipment Description: TOGETHER WITH ALL ATTACHMENTS, ADDITIONS , ACCESSIONS, PARTS, REPAIRS, IMPROVEMENTS , REPLACEMENTS AND SUBSTITUTIONS THERETO. This Schedule A-1 is attached to the Lease Schedule lO00xxxxxx or a Receipt Certificate/Payment Request relating to the Lease Schedule. Page 49 of 59 EXHIBIT "M" ESCROW FUNDING SCHEDULE ADDENDUM AND ARBITRAGE CERTIFICATE Dated as of: Lease Schedule No.: CONTRACT NO. 01-1-21-3000 Lessee: Escrow Agent: SALT LAKE CITY CORPORATION JPMORGAN CHASE BANK, N.A. Escrow Agreement dated as of: Amount To Be Deposited Into Escrow: $ ("Lessor's Deposit") Reference is made to the above Lease Schedule ("Schedule") to the Master Lease-Purchase Agreement identified in the Schedule ("Master Lease") by and between JPMORGAN CHASE BANK, N.A.("Lessor") and the above lessee ("Lessee"). As used herein, "Lease" shall mean the Schedule and the Master Lease, but only to the extent that the Master Lease relates to the Schedule. This Addendum amends and modifies the terms and conditions of the Lease and is hereby made a part of the Lease. Unless otherwise defined herein, capitalized terms defined in the Master Lease shall have the same meaning when used herein. NOW, THEREFORE, as part of the valuable consideration to induce the execution of the Lease, Lessor and Lessee hereby agree to amend the Lease as follows: 1. Lessee and Lessor together with the above Escrow Agent ("Escrow Agent") have entered into the above Escrow Agreement ("Escrow Agreement") establishing a fund ("Equipment Acquisition Fund") from which the Purchase Price of the Equipment will be paid. 2. Lessor shall deposit such amount into escrow as is required by the Escrow Agreement, which amount shall be credited to the Equipment Acquisition Fund. Lessee shall pay the balance of the Purchase Price of the Equipment, either by deposit in escrow to the Equipment Acquisition Fund or by direct payment to the Suppliers of the Equipment. 3. The Lease Term of the Lease shall commence on the earlier of the date specified in the Payment Schedule to the Schedule or the date of Lessor's deposit of funds into the Equipment Acquisition Fund. Notwithstanding the statements regarding delivery and acceptance of the Equipment in the Schedule, the parties acknowledge that the Equipment will be accepted as provided in the Escrow Agreement. 4. The delivery of documents and the satisfaction of any other conditions required by the Escrow Agreement or this Addendum shall be additional Funding Conditions for the Lease. 5. Upon Lessee's execution of the Escrow Agreement, Lessee hereby represents and warrants to Lessor that: (a) Lessee has full power, authority and legal right to execute and deliver the Escrow Agreement and to perform its obligations under the Escrow Agreement; (b) the Escrow Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms; and (c) the Escrow Agreement is authorized under, and the authorization, execution and delivery of the Escrow Agreement complies with, all applicable federal, state and local laws and regulations (including, but not limited to, all open meeting, public bidding and public investment laws) and all applicable judgments and court orders. 6. The opinion of Lessee's legal counsel will include statements to the same effect as the representations of Lessee in paragraph 5 above. Page 50 of 59 7. It shall be an additional event of default under the Lease if Lessee fails to pay or perform any of its obligations under the Escrow Agreement or this Addendum or if any of the represent ations of Lessee in the Escrow Agreement or this Addendum prove to be false, misleading or erroneous in any material respect. 8. ARBITRAGE CERTIFICATE. The authorized representative of Lessee who executes this Addendum hereby certifies that he/she is the duly qualified and acting representative of Lessee with the title set forth below his/her signature hereon; that Lessee has executed and delivered the Schedule and the Master Lease (collectively , the "Lease"); that Lessee is a political subdivision of the State identified in the Lease; and that in his/her official capacity as such officer he/she is responsible for executing and delivering , on behalf of the Lessee, the Lease and this Addendum. This paragraph of this Addendum (hereinafter, this paragraph shall be identified as the "Arbitrage Certificate") is being issued by Lessee as a "no arbitrage certificate" pursuant to Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and Treasury Regulations, Sections 1.148-0 through 1.148.11 (the "Regulations"). Lessee represents and warrants to Lessor that the following facts, estimates and circumstances are in existence on the date of this Arbitrage Certificate or are reasonably expect to occur hereafter. (a) The Lease provides for the lease of the Equipment described in the Lease by Lessor to Lessee. Under the Lease, Lessee is required to make Rent Payments with respect to the Equipment, comprising principal and interest, on the dates and in the amounts stated in the Payment Schedule to the Lease. (b) Pursuant to the Lease and for the purpose of meeting its obligations thereunder and assuring the Lessee of the availability of monies needed to pay the cost of the Equipment when due, Lessee, Lessor and the Escrow Agent have executed the Escrow Agreement. (c) Contracts or purchase orders providing for the acquisition and delivery of the Equipment have been issued by Lessee to Equipment Vendors therefore and the Equipment will be acquired and installed with due diligence. Based upon the provisions of the contracts or purchase orders, the Equipment will be acquired and installed no later than eighteen (18) months from the date of the Escrow Agreement ("Funding Expiration Date"). (d) The Escrow Agreement provides that Lessor shall deposit the Lessor's Deposit into escrow to be credited to the Equipment Acquisition Fund created by the Escrow Agreement and utilized to pay for the Equipment as provided therein. It is presently expected that all such funds initially credited to the Equipment Acquisition Fund shall be disbursed to pay for the Equipment, but any such amounts ultimately determined not to be needed for such purposes and the interest earnings on the amounts held in escrow shall be utilized on or after the Funding Expiration Date to pay part of the principal due under the Lease, as provided in the Escrow Agreement. (e) All of the spendable proceeds of the Lease will be expended on the Equipment and related expenses on or before the Funding Expiration Date. (t) The original proceeds of the Lease, and interest to be earned thereon, do not exceed the amount necessary for the purpose for which the Lease is issued. (g) The interest of Lessee in the Equipment has not been and is not expected during the term of the Lease to be sold or disposed of by Lessee. (h) No sinking fund is expected to be created by Lessee with respect to the Lease and Rental Payments. (i) Lessee represents , warrants and covenants to one of the following statements of this clause (i) as is initialed by Lessee below [and if Lessee fails to initial its selection, then subclause (A) shall be deemed to have been selected by Lessee]: (A) 100% of the proceeds of the Lease shall be paid for the acquisition of the Equipment within 18 months of the date of the Escrow Agreement in accordance with the following schedule: No les s than 15% within 6 month s of the date of the Escrow Agreement; No less than 60% within 12 months of the date of the Escrow Agreement; and No less than 100% within 18 month s of the date of the Escrow Agreement. Page 51 of 59 (B) 100% of the proceeds of the Lease shall be paid for the acquisition of the Equipment within 6 months of the date of the Escrow Agreement. (C) Lessee qualifies for the "small issuer" exe mption in section 148(f)(4)(D) of the Code because all of the following are true: (1) Lessee is a governmental unit with general taxing powers , and (2) the Lease is not a "private activity bond" as defined in Section 141 of the Code, and (3) 95% or more of the proceeds of the Lease shall be used for the governmental activities of Lessee, and (4) the aggregate face amount of all tax exempt bonds and other tax exempt obligations (other than "private activity bonds") issued by Lessee (and any subordinate entities of Lessee as contemplated by Section 148(f) of the Code) during the calendar year in which the Lease is issued is not reasonably expected to exceed $5,000,000.00. U) Lessee hereby covenants that Lessee shall comply with all of the requirements of the Code and Regulations relating to the rebate of arbitrage profit to the United States of America (including, without limitation Section 148(f) of the Code) and will rebate to the United States of America all arbitrage profit required thereby. (k) To the best of the knowledge and belief of the unde rsigned, the expectations of Lessee, as set forth above, are reasonable; and there are no present facts , estimates and circumstances which would change the foregoing expectations. (I) Lessee has not been notified of the listing or proposed listing of it by the Internal Revenue Service as an issuer whose arbitrage certificates may not be relied upon. 9. If there is a partial prepayment of principal pursuant to the terms of either clause (b) of Section 2.04 second of the Escrow Agreement or clause (b) of Section 2.05 second of the Escrow Agreement, then in addition to the payment of the Partial Principal Amount , Lessee shall also pay to Lessor a break funding premium equal to the amount, if any, by which (i) the present value of all Remaining Payments (as defined below) discounted to the date of said partial prepayment of principal (the "Prepayment Date") at a rate equal to the Interest Rate Swap rate having a term to maturity nearest to the remaining Average Life (as defined below) of the Schedule as reported on the Federal Reserve H.15 report as of the business day preceding the Prepayment Date exceeds (ii) the presen t value of all Remaining Payments discounted to the Prepayment Date at a rate equal to the Interest Rate Swap rate having a term to maturity nearest to the original Average Life of the Schedule as reported on the Federal Reserve H.15 report as of the Commencement Date of the Schedule , said amount further multiplied by the Partial Prepayment Fraction (as defined below). "Remaining Payments" means all remaining installment payments and all other amounts (including, without limitation, any balloon payment and any other payments required to be paid by Lessee at the end of the Lease Term of the Schedule) payable under the Schedule after such Prepayment Date to the end of the Lease Term of the Schedule. "Average Life" means the average duration of the original or remaining (as the case may be) principal payments included in the installment payments and any balloon payment payable under the Schedule weighted by the amount of the principal payments. "Partial Prepayment Fraction" is a fraction in which the numerator is the Partial Principal Amount and the denominator is the remaining principal balance of the Schedule as of the Prepayment Date. If the Federal Reserve Board ceases publication of Interest Rate Swap rates in its Federal Reserve H.15 report or a similar repo rt, then Lessor shall select an alternate publication for interest rate swap information in its reasonable discretion. 10. Except as expressly amended by this Addendum and other modifications signed by Lessor, the Lease remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first referenced above. SALT LAKE CITY CORPORATION (Lessee) By: _ T itle : _ JPMORGAN CHASE BANK, N.A. (Lessor) By: _ Title: Authorized Officer Page 52 of 59 EXHIBIT "N" CONTRACT NO. 01-1-21-3000 ESCROW RECEIPT CERTIFICATE/PAYMENT REQUEST Dated: _, 20 Lease Schedule No: Escrow Agreement Dated: 1. The undersigned Lessee of the above Lease Schedule and its Master Lease -Purchase Agreement (collectively, the "Lease") hereby acknowledges receipt in good condition of all of the Equipment described on Schedule A-1 to this Receipt Certificate/Payment Request as of the following Acceptance Date and hereby confirms that the Equipment has been installed at the following location: Acceptance Date: _ Equipment Location: See Attached Schedule A-1 ********* FINAL REQUEST: Yes OR No (Please Circle Choice)******** If this is the FINAL REQUEST Lessee hereby confirms that said Equipment together with all other property covered by Receipt Certificates delivered prior to this Receipt Certificate represents all of the Equipment to be subject to the Lease. 2. Lessee agrees that (a) the undersigned Lessor has no t selected, manufactured, sold or supplied any of the Equipment, (b) Lessee has selected all of the Equipment and its suppliers, and (c) Lessee has received a copy of, and approved, the purchase orders or purchase contracts for the Equipment. 3. AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT: (a) LESSEE HAS RECEIVED, INSPECTED AND APPROVED ALL OF THE EQUIPMENT; (b) ALL EQUIPMENT IS IN GOOD WORKING ORDER AND COMPLIES WITH ALL PURCHASE ORDERS OR CONTRACTS AND ALL APPLICABLE SPECIFICATIONS; (c) LESSEE IRREVOCABLY ACCEPTS ALL EQUIPMENT FOR PURPOSES OF THE LEASE "AS -IS, WHERE-IS" WITH ALL FAULTS; AND (d) LESSEE UNCONDITIONALLY WAIVES ANY RIGHT THAT IT MAY HAVE TO REVOKE ITS ACCEPTANCE OF THE EQUIPMENT. 4. Lessee and Lessor hereby request that the Escrow Agent identified in the above Escrow Agreement pay from the Equipment Acquisition Fund established under the Escrow Agreement to each party designated below as Payee, the amount stated below in payment of all or part of the Purchase Price (as such term is used in the Escrow Agreement) as stated below . Lessee hereby confirms that said amount is due and payable under a purchase order or contract relating to the Equipment described herein and has not formed the basis of any prior request for payment. Page 53 of 59 Amount: $ _ Wire Instructions: Payee #1: Name: Address: Invoice Number: Date: _ Amount: $ Wire Instructions: Name of Bank: ABANo: Account Number: Payee #2: Name: Address: Invoice Number: Date: Amount: $ Wire Instructions: Name of Bank: ABANo: Account Number: Payee #3: Name: Address: Invoice Number: Date: Page 54 of 59 SALT LAKE CITY CORPORATION (Lessee) JPMORGAN CHASE BANK, N.A. (Lessor) By: By: Title: Title:Authorized Officer Contact #1: Name: Title: Direct Telephone: General Telephone: Contact Signature: Name of Bank: ABA No: Account Number: 5. If this is a Final Request, then this Receipt Certificate/Payment Request shall constitute a Full Funding Notice and if any funds remain in the Equipment Acquisition Fund established pursuant to the Escrow Agreement (including any remaining amount of the Lessor's Deposit and/or any earnings thereon; collectively referred to as the "Escrow Balance"), then Lessee hereby directs Escrow Agent to pay the Escrow Balance as follows: (a) to Lessee if the Escrow Balance is less than $500.01; and (b) otherwise to Lessor and Lessor is hereby authorized to apply the Escrow Balance as follows: (i) If Escrow Balance is less than interest paid on the Lease during the previous 18 months the Escrow Balance will be reimbursed to the Lessee (ii) if the Escr ow Balance is equal to or less than the next Rent Payment due under the Lease, apply the Escrow Balance to said Rent Payment; or (iii) if the Escrow Balance is greater than the next Rent Payment due under the Lease, apply the Escrow Balance as a partial prepayment of principal under the Lease and Lessor is authorized to send a revised Payment Schedule for the Lease that reflects said prepayment. 6. Lessee will confirm wire instructions by telephone (if required by Lessor) by designating an Authorized Contact ("Contact") for Lessee below. This Contact must be someone who has the requisite knowledge to verify the instructions outlined above AND must be someone other than the authorized signer hereto. Lessee should consider designating more than one Contact to avoid funding delays. Page 55 of 59 Contact #2: Name: Title: Direct Telephone: General Telephone: Contact Signature: Page 56 of 59 SCHEDULE A-1 Equipment Description (This Schedule A-1 is attached to a Receipt Certificate /Payment Request relating to the Lease Schedule.) Lease Schedule No: dated Month xx, 2021 The Equipment described below includes all attachments , additions, accessions, parts, repairs, improvements, replacements and substitutions thereto. Equipment Location: Equipment Description: Page 57 of 59 CONTRACT NO. 01-1-21-3000 EXHIBIT "0" IRS Form 8038 / G (supplied by Lessor) Page 58 of 59 EXHIBIT "P" PROCEEDS DISBURSEMENT AUTHORIZATION CHASE EQUIPMENT FINANCE, INC. 1111 Polaris Parkway, Suite A3 (OH1-1085) Columbus, OH 43240 CONTRACT NO. 01-1-21-3000 Date: 20_ Re: Disbursements Of Proceeds Under The LEASE PURCHASE AGREEMENT Referred To Below Reference is made to that certain Lease Purchase Agreement Referred to Below dated ,20 between SALT LAKE CITY CORPORATION, ("Lessee") and JPMORGAN CHASE BANK, N.A.(the "Lessor")- / hereby instruct you and authorize you to disburse $0.00 to the account number(s) as specified below: Wire: Name of Bank: ABANo.: Payee #1 Account Number: Account Name: Amount: Re: Check: Name of Vendor: Address: City/State/Zip Invoice#: Amount: By signing below, Lessee authorizes Lessor to issue checks or direct fund transfers to the payees, in the amounts, and per the instructions (if applicable) set forth above. Lessee also acknowledges that it may be responsible for paying other fees directly to third parties, such as Lessor's counsel, and making other disbursements in connection with the lease transaction per the terms of the lease documents. Lessor may rely and act on the instructions set forth herein and shall not be responsible for the use or application of the funds, and Lessee shall indemnify, defend and hold harmless Lessor from and against any and all losses, costs, expenses, fees, claims, damages, liabilities, and causes of action in any way relating to or arising from acting in accordance therewith. Nothing herein shall be construed to require the Lessee to indemnify Lessor against Lessor's own negligence. In the event of any conflict with any other instruction set forth herein, the ABA # and Account # shall control. IN WITNESS WHEREOF, the Lessee has caused this Proceeds Disbursement Authorization to be executed as of the day and year first above written. SALT LAKE CITY CORPORATION (Lessee) By: _ Title:. _ Page 59 of 59 EXHIBIT "Q" CONTRACT NO. 01-1-15-8065 Request for Tax Payer Identification Number and Certificate (W9) (supplied by Lessee) Salt Lake City Corporation Contract Activation Contract Nbr:01 1 21 3000 Title: MASTER LEASE Status: A City Wide: N Vendor 43436 JP MORGAN CHASE BANK NA Dept Contact: TERESA BECKSTRAND 535-6416 Starts: Ends: Term: Units: Limit: $0.00 Contract Activation was successful. Signature: Email:Garrett.Danielson@slcgov.com Salt Lake City Corporation Contract Activation Contract Nbr:01 1 21 3000 Status: A City Wide: N Title: MASTER LEASE Vendor 43436 JP MORGAN CHASE BANK N A Dept Contact: TERESA BECKSTRAND 535-6416 Starts: Ends: Term: Units: Limit: 0.00 Contract Activation was successful. COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: November 16, 2021 RE:Text Amendment: Significant Water Consuming Land Uses PLNPCM2021-00638 PROJECT TIMELINE: Briefing: November 16, 2021 Set Date: November 16, 2021 Public Hearing: Dec 7, 2021 Potential Action: Dec 7 or 14 2021 ISSUE AT-A-GLANCE The Council will receive a briefing about a proposal that would limit the amount of City culinary water that commercial and industrial land uses can utilize. The zoning amendment would implement a 300,000- gallon a day limit for commercial and industrial land uses. The limit affects multiple zones and multiple land uses citywide. The ordinance also amends and clarifies the definitions of related land use terms. This petition was initiated by the Mayor on June 6, 2021. On July 8, the City imposed temporary zoning regulations that prohibited new or expanding land uses that use more than 300,000 gallons per day. This was done through the “pending ordinance” rule, established by Utah Code (10-9a-509), which allows prohibiting certain uses for 180 days. The pending ordinance expires on January 4, 2022. The Planning Commission held a public hearing for the proposal on September 22, 2021 and voted to forward a unanimous positive recommendation to the City Council. Page | 2 POLICY QUESTIONS The Council may wish to request the administration discuss in depth how they determined the 300,00 gallons per day limit was appropriate and if a lower the maximum allowable usage per day was considered. The staff report notes that most of the properties in the northwest quadrant, north of I-80 would be exempt from this change because the development agreement between the property owners and the City vests them in 2018 zoning ordinance. See Attachment A -Planning Commission Staff Report Map o The Council may wish to further discuss this with the administration, specifically to clarify which properties are exempt from these proposed changes. ADDITIONAL INFORMATION The water use limit is intended to preserve City water resources in the long term, while at the same time allowing for the City’s continued economic development. Agricultural, institutional, and residential uses are exempted from the ordinance, as they generally would not reach the water use threshold and in the very limited cases where such uses may potentially exceed the threshold, they provide other public good or health benefits that warrant exemption, such as public recreational space. The Transmittal letter note there are currently two uses in the City that exceed the threshold, the University of Utah and a refinery. Both uses have full or partial exemptions from compliance with City zoning regulations due to other State or Federal regulations. All other commercial and industrial uses in the City currently use less than the proposed 300,000-gallon per day limit. There are only two existing businesses that currently exceed 200,000-gallons per day. The City is aware of at least one bottling plant use currently in the process of obtaining City permits that may exceed the 300,000-gallon limit. (Transmittal Letter, Page 2). That business already applied for a building permit prior to the Mayor’s petition so it would not be affected by the proposed changes as it is vested. KEY CHANGES (Planning Commission Staff Report, Page 2) Implements a water use limit on commercial and industrial land uses 300,000-gallons/day Clarifies definition of bottling plant to cover bottling of beverages in any form, including bottles, cans, or any other container. Defines the terms water use report and potable water (used in the proposed regulation). Adds a footnote to bottling plant land use referencing the existing Inland Port overlay prohibition on bottling plants Pages 3-8 of the Planning Commission staff reports includes a discussion about the key issues identified by the Planning Staff. A short summary of those is provided below. See the planning commission staff report to view the full analysis. 1.Land Uses and Businesses Impacted by the Proposal The proposed ordinance is directed at large, intensive commercial and industrial land uses that have the potential to consume significant amounts of water. Impacted zoning districts include: Light Manufacturing (M-1) and General Commercial (CG), Heavy Manufacturing, Downtown, Transit Station Area, Business Park, Research Park, Form Based Zones, and other Commercial zones. Page | 3 The City’s Zoning ordinance currently prohibits “bottling plant” uses from anywhere within the Inland Port overlay. The prohibition was adopted in 2018 as part of the Inland Port Overlay. o However, the properties north of I-80 which are part of the development agreement are vested in the City’s 2018 zoning code. These changes would not apply to those properties. o See Map, Attachment A -Planning Commission Staff Report Other properties exempt from this change include large state-owned properties such as the State Prison, State and Institutional Trust Land Administration (SITLA) land, University of Utah, University Medical, and Research Park. The 300,000 gallons per day limit is based on an analysis of existing uses on the City’s water system and is intended to balance water resources with continued business development. o The 300,000-gallon limit also takes into consideration the City’s deliberate long term water supply and demand planning, including future development of additional water resources and climate change risks associated with drought intensification. o The City’s long-term planning assumes a variety of future residential, commercial, industrial, and institutional land uses that generally align with the current mix of water use intensity, but with a growing population and increased development. o This is a proactive approach as there appears to be growing interest in siting industries within the City that are proposing to use more than 300,000 gallons of water per day, and in some cases more than 1 million gallons of water per day. 2. Original Ordinance Proposal and Subsequent Changes The first version of the ordinance included a blanket limit of 300,000 gallons per day for all uses and a prohibition on bottling plants citywide, with an exemption for alcohol related uses. o Based on additional research and input, the draft ordinance was revised to directly target commercial and industrial users. o The ordinance was also revised to remove the proposed blanket citywide bottling plant ban along with the associated alcohol manufacturer exemption. The proposal would have treated water, milk, or soda bottling plants differently than other uses that may have similar water impacts, such as breweries, and could appear to unfairly target such uses. 3. Public Notice and City Department/Public Input July 2021, the City posted an “Open House” webpage Planning sent information to Recognized Community Organizations Planning staff attended Business Advisory Board meeting The City’s Sustainability and Economic Development Departments reviewed and provided comments State Department of Agriculture provided comments CITY COUNCIL // NOVEMBER 16, 2021 SIGNIFICANT WATER CONSUMINGLAND USES •Drought conditions •Inquiries from large water users •City evaluating zoning regulations •Types of uses allowed and potential water use •No real limits on water use in City code •Commercial/industrial uses that use very large amounts of water are possible BACKGROUND Salt Lake City // Planning Division Limits Commercial/Industrial Uses to 300k Gallons Per Day •Applies to all commercial or industrial uses •Both new or expanding •Enforcement Mechanism: •Prevents additions to facilities that would cause them to exceed threshold or to further exceed threshold •Examples: •Large commercial/industrial uses, food processing, water bottling plants, chemical production, data centers, or other uses that utilize water for cooling •Exempts: Residential, institutional, agricultural •Unlikely to use that much City culinary water •Other public benefits –public open space, local food Code Administration •Land use/permit applicants must certify their water use •Public Utilities can require a report to verify number Salt Lake City // Planning Division ZONING CODE / WHAT DOES IT DO? •What is 300k gallons per day? •Half an Olympic sized pool per day •Only a few uses at/near this level •Why 300k? •Aligns with Public Utilities’long term water resource projections •Protects water resources •Allows a wide range of businesses •Prevents very intense users •Balanced Salt Lake City // Planning Division ZONING CODE / WATER LIMIT - 50,000 100,000 150,000 200,000 250,000 300,000 Salt Lake City // Planning Division TOP 25 WATER USERS BY TYPE *Based on 6 months of 2021 data from SLC Public Utilities. Data subject to change. Gallons Per Day (Average)2.1m 1.4m Business Categorized by Land Use Type EXEMPT AREAS NWQ & State Lands* U of U *Includes State Prison and State and Institutional Trust Lands Administration properties ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2021-00638 Significant Water Consuming Land Uses Zoning Text Amendment STAFF CONTACT: Daniel Echeverria, Senior Planner, Planning Division, daniel.echeverria@slcgov.com or 801-535-7165; Laura Briefer, Director, Public Utilities Department, laura.briefer@slcgov.com, 801-483-6741 DOCUMENT TYPE: Ordinance RECOMMENDATION: Adopt the proposed ordinance as recommended by the Planning Commission. BUDGET IMPACT: None. BACKGROUND/DISCUSSION: Mayor Erin Mendenhall is proposing zoning amendments that would limit the amount of City culinary water that commercial and industrial land uses can utilize. In the past year there has been a growing awareness of the current drought conditions and the drought’s potential long-term impacts on the City’s water resources. Given these drought conditions and concerns related to future water resources, the Planning Division and Public Utilities Department developed the proposed land use amendments that would limit commercial and industrial water use and prevent future very large water users from being located the City. Such uses may have significant impacts on the City’s water resources. The water use limit is intended to preserve City water resources in the long term, while at the same time allowing for the City’s continued economic development. November 1, 2021 Lisa Shaffer (Nov 2, 2021 12:32 MDT) 11/02/2021 11/02/2021 Proposed Ordinance Water Use Limit The proposed text amendment implements a 300,000 gallon per day limit on the amount of City culinary water that any commercial and industrial land uses can utilize. These types of uses are targeted by the proposed ordinance as many of these land uses have the potential to use significant amounts of City water. Agricultural, institutional, and residential uses are exempted from the ordinance, as they generally would not reach the water use threshold and in the very limited cases where such uses may potentially exceed the threshold, they provide other public good or health benefits that warrant exemption, such as public recreational space. The limit affects multiple zones where such uses are allowed. The ordinance would require any person seeking a building permit for a new land use, or an addition to an existing land use, to verify that their proposal would not result in a facility that uses over 300,000 gallons per day. Facilities exceeding this limit would not be allowed. Permit applicants would need to certify their anticipated use with any permit application, and Public Utilities would be able to require additional documentation to verify the use numbers provided. Ordinance details, including enforcement mechanisms, can be found in the full Planning Commission staff report. Please see the “Key Ordinance Components” section on page 2 of that staff report for those details. Current Impacted Uses Two uses in the City currently exceed the threshold, specifically the University of Utah and a refinery. Both uses have full or partial exemptions from compliance with City zoning regulations due to other State or Federal regulations. All other commercial and industrial uses in the City currently use less than the 300,000-gallon per day limit. There are only two existing businesses that currently exceed 200,000-gallons per day. The City is aware of at least one bottling plant use currently in the process of obtaining City permits that may exceed the 300,000-gallon limit. Temporary Ordinance in Effect- January 4th Expiration In July the City temporarily imposed zoning regulations that prohibit new or expanding land uses that use more than 300,000 gallons per day. While this is in effect, the City will not issue any permits for a land use that would violate the regulation. State Code allows the City to impose such temporarily regulations for a period of 6 months while proposed regulations are working through the public process to City Council. The 6-month period ends on January 4th. If the City Council doesn’t adopt the proposed regulations before that date, the temporary regulations will expire on that date and uses that exceed 300,000 gallons per day will be permitted. Ordinance Update Following the Planning Commission recommendation, the Attorney’s Office identified that the term “institutional uses” was not defined in the Zoning ordinance, which could lead to confusion on what uses are covered by the institutional use exemption in this code. Due to that, a line was added to the proposed code that defines “institutional land use” for purposes of the water use regulation to include government uses, places of worship, and hospitals. PUBLIC PROCESS: In early July 2021, the City posted an “Open House” webpage with information regarding the proposal, including a draft code. Information about the proposal and a link to the webpage were sent out to City recognized community organizations (RCOs) and the Planning listserv. Two RCOs requested presentations on the proposal and Staff attended their meetings to discuss the proposal, specifically the Sugar House Community Council (SHCC) and Glendale Community Council. Notices were also sent in August to potentially affected businesses and property owners based on research of City water use data and business license records. Details regarding the noticing and public input received are located in attachment E of the Planning Commission staff report. In addition to RCO meetings, Staff attended the September 8th meeting of the City’s Business Advisory Board to discuss the proposal. At the meeting one board member asked whether the proposal would affect the Inland Port area and another board member expressed their support for the proposal. A representative of the City’s Economic Development department also expressed their support for the proposal, noting that it would provide a water use threshold that City staff could point to when responding to businesses looking to located here. The Planning Commission held a public hearing for the proposal on September 22, 2021. Notice of the public hearing was sent to the Planning listserv, including all recognized organizations, and to all businesses/property owners previously notified during the initial public engagement. At the public hearing, the Commission generally discussed how the ordinance would be enforced and the basis of the proposed water use threshold. Two individuals spoke during the public hearing, including a representative of the Utah Department of Agriculture and Foods, who spoke in support of the agriculture exemption in the ordinance, and a representative of the Marathon Refinery, who spoke generally about their water use and potential facility additions. Following discussion, the Commission voted unanimously to recommend that the City Council adopt the proposed ordinance changes. Planning Commission (PC) Records a) PC Agenda for September 22, 2021 (Click to Access) b) PC Minutes for September 22, 2021 (Click to Access) c) PC Staff Report for September 22, 2021 (Click to Access) EXHIBITS: 1) Chronology 2) Notice of City Council Hearing 3) Original Petition 4) Mailing List SALT LAKE CITY ORDINANCE No. _____ of 2021 (An ordinance amending various sections of the Salt Lake City Code pertaining to land uses that use or consume significant amounts of water pursuant to Petition No. PLNPCM2021-00635) An ordinance amending various sections of the Salt Lake City Code to regulate land uses that use or consume significant amounts of water as provided herein. WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a public hearing on September 22, 2021 to consider a request by the Salt Lake City Council (the “City Council”) to amend the Salt Lake City Code to prohibit land uses that use or consume a significant amount of water; and WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a public hearing on September 22, 2021 to consider petition number PLNPCM2021-00635 (the “petition”) initiated by Salt Lake City Mayor, Erin Mendenhall, to amend Salt Lake City Code to prohibit land uses that use or consume a significant amount of water; and WHEREAS, at its September 22, 2021 hearing, the Planning Commission voted in favor of forwarding a positive recommendation of approval to the City Council to adopt changes to the Salt Lake City Code pertaining to the prohibition of land uses which use or consume significant amounts of water; and WHEREAS, the Salt Lake City Council desires to modify its land use regulations to as provided herein; and WHEREAS, the Salt Lake City Council finds that while the city has adequate water resources for the current needs of the city’s customers in the city’s designated water service area 2 and the city holds water interests that can be developed in the future for the benefit of its water customers, the city’s water resource supply is not unlimited and, furthermore changing environmental conditions are placing significant pressure on the city’s water resources; WHEREAS, the majority of the city’s water resources emanate from the watershed that contribute water to Great Salt Lake, and the city is very concerned that a shrinking Great Salt Lake has significant negative ramifications to the health and welfare of the public and environment; and WHEREAS, immediate steps are appropriate to limit use of the city’s water resources by water consumers that would consume very large quantities of water that would exacerbate the pressures on the city’s water resources and the Great Salt Lake system ; and WHEREAS, the Salt Lake City Council desires to enact land use regulations that protect and preserve the availability of the city to provide water to its current customers and to future development in the city that will promote the public health, safety and general welfare of the present and future city residents; and WHEREAS, the Salt Lake City Council finds that modification of its land use regulations is just one of a number of methods in which Salt Lake City currently regulates water use or consumption and contemplates that the city will continue to explore further regulatory methods to help ensure a fair and equitable use of the city’s finite resource; and WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this matter, that adopting this ordinance promotes the health, safety, and public welfare of the citizens of the city. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 3 SECTION 1. Amending the Text of Salt Lake City Code Chapter 21A.33. That Chapter 21A.33 of the Salt Lake City Code (Land Use Tables) shall be and hereby is amended to read and appear as follows: SECTION: 21A.33.010: General Provisions 21A.33.020: Table of Permitted and Conditional Uses for Residential Districts 21A.33.030: Table of Permitted and Conditional Uses for Commercial Districts 21A.33.035: Table of Permitted and Conditional Uses for Transit Station Area Districts 21A.33.040: Table of Permitted and Conditional Uses for Manufacturing Districts 21A.33.050: Table of Permitted and Conditional Uses for Downtown Districts 21A.33.060: Table of Permitted and Conditional Uses in the Gateway District 21A.33.070: Table of Permitted and Conditional Uses for Special Purpose Districts 21A.33.080: Table of Permitted and Conditional Uses in Form Based Districts 21A.33.010: GENERAL PROVISIONS: A. Permitted Uses: The uses specified as permitted uses in Sections 21A.33.020, 21A.33.030, 21A.33.035, 21A.33.040, 21A.33.050, 21A.33.060, 21A.33.070, and 21A.33.080 of this chapter, tables of permitted and conditional uses, are permitted provided that they comply with the general standards set forth in Part IV of this title and all other applicable requirements of this title. B. Conditional Uses: The uses specified as conditional uses in Sections 21A.33.020, 21A.33.030, 21A.33.035, 21A.33.040, 21A.33.050, 21A.33.060, 21A.33.070, and 21A.33.080 of this chapter, tables of permitted and conditional uses, shall be allowed provided they are approved pursuant to the standards and procedures for conditional uses set forth in Chapter 21A.54 of this title, and comply with all other applicable requirements of this title. C. Uses Not Permitted: Any use specifically listed without a "P" or a "C" designated in the table of permitted and conditional uses for a district shall not be allowed in that zoning district. D. Prohibited Uses: The following land uses are prohibited in all zoning districts: 1. Commercial and Industrial Land Uses That Exceed 300,000 Gallons of Water per Day. a. New Land Uses: Any new commercial or industrial land use that consumes or uses more than an annual average of 300,000 gallons of potable water per day is prohibited SALT LAKE CITY ORDINANCE No. _____ of 2021 (An ordinance amending various sections of the Salt Lake City Code pertaining to land uses that use or consume significant amounts of water pursuant to Petition No. PLNPCM2021-00635) An ordinance amending various sections of the Salt Lake City Code to regulate land uses that use or consume significant amounts of water as provided herein. WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a public hearing on September 22, 2021 to consider a request by the Salt Lake City Council (the “City Council”) to amend the Salt Lake City Code to prohibit land uses that use or consume a significant amount of water; and WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a public hearing on September 22, 2021 to consider petition number PLNPCM2021-00635 (the “petition”) initiated by Salt Lake City Mayor, Erin Mendenhall, to amend Salt Lake City Code to prohibit land uses that use or consume a significant amount of water; and WHEREAS, at its September 22, 2021 hearing, the Planning Commission voted in favor of forwarding a positive recommendation of approval to the City Council to adopt changes to the Salt Lake City Code pertaining to the prohibition of land uses which use or consume significant amounts of water; and WHEREAS, the Salt Lake City Council desires to modify its land use regulations to as provided herein; and WHEREAS, the Salt Lake City Council finds that while the city has adequate water resources for the current needs of the city’s customers in the city’s designated water service area 2 and the city holds water interests that can be developed in the future for the benefit of its water customers, the city’s water resource supply is not unlimited and, furthermore changing environmental conditions are placing significant pressure on the city’s water resources; WHEREAS, the majority of the city’s water resources emanate from the watershed that contribute water to Great Salt Lake, and the city is very concerned that a shrinking Great Salt Lake has significant negative ramifications to the health and welfare of the public and environment; and WHEREAS, immediate steps are appropriate to limit use of the city’s water resources by water consumers that would consume very large quantities of water that would exacerbate the pressures on the city’s water resources and the Great Salt Lake system ; and WHEREAS, the Salt Lake City Council desires to enact land use regulations that protect and preserve the availability of the city to provide water to its current customers and to future development in the city that will promote the public health, safety and general welfare of the present and future city residents; and WHEREAS, the Salt Lake City Council finds that modification of its land use regulations is just one of a number of methods in which Salt Lake City currently regulates water use or consumption and contemplates that the city will continue to explore further regulatory methods to help ensure a fair and equitable use of the city’s finite resource; and WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this matter, that adopting this ordinance promotes the health, safety, and public welfare of the citizens of the city. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 3 SECTION 1. Amending the Text of Salt Lake City Code Chapter 21A.33. That Chapter 21A.33 of the Salt Lake City Code (Land Use Tables) shall be and hereby is amended to read and appear as follows: SECTION: 21A.33.010: General Provisions 21A.33.020: Table of Permitted and Conditional Uses for Residential Districts 21A.33.030: Table of Permitted and Conditional Uses for Commercial Districts 21A.33.035: Table of Permitted and Conditional Uses for Transit Station Area Districts 21A.33.040: Table of Permitted and Conditional Uses for Manufacturing Districts 21A.33.050: Table of Permitted and Conditional Uses for Downtown Districts 21A.33.060: Table of Permitted and Conditional Uses in the Gateway District 21A.33.070: Table of Permitted and Conditional Uses for Special Purpose Districts 21A.33.080: Table of Permitted and Conditional Uses in Form Based Districts 21A.33.010: GENERAL PROVISIONS: A. Permitted Uses: The uses specified as permitted uses in Sections 21A.33.020, 21A.33.030, 21A.33.035, 21A.33.040, 21A.33.050, 21A.33.060, 21A.33.070, and 21A.33.080 of this chapter, tables of permitted and conditional uses, are permitted provided that they comply with the general standards set forth in Part IV of this title and all other applicable requirements of this title. B. Conditional Uses: The uses specified as conditional uses in Sections 21A.33.020, 21A.33.030, 21A.33.035, 21A.33.040, 21A.33.050, 21A.33.060, 21A.33.070, and 21A.33.080 of this chapter, tables of permitted and conditional uses, shall be allowed provided they are approved pursuant to the standards and procedures for conditional uses set forth in Chapter 21A.54 of this title, and comply with all other applicable requirements of this title. C. Uses Not Permitted: Any use specifically listed without a "P" or a "C" designated in the table of permitted and conditional uses for a district shall not be allowed in that zoning district. D. Prohibited Uses: The following land uses are prohibited in all zoning districts: 1. Commercial and Industrial Land Uses That Exceed 300,000 Gallons of Water per Day. a. New Land Uses: Any new commercial or industrial land use that consumes or uses more than an annual average of 300,000 gallons of potable water per day is prohibited 4 in all zoning districts. The use and consumption limit is based on the total use from all water meters that serve the land use. b. Expansions of Existing Uses: No commercial or industrial land use shall expand to an extent that increases its daily potable water consumption or use to exceed an annual average of 300,000 gallons of potable water per day. Notwithstanding the provisions of Subsection 21A.38.040.H, an existing land use that exceeds the water use threshold may not expand if the expansion will result in a net increase in water consumption or use. The use and consumption limit is based on the total use from all water meters that serve the land use. c. Water Use Report Required: A land use applicant shall certify the anticipated daily water use of the proposed land use in a manner satisfactory to the Department of Public Utilities. The Department of Public Utilities may require an anticipated daily water use report of any land use applicant proposing a new use or expansion of an existing use. d. Exemption: Agricultural, residential, and institutional land uses are not subject to the regulations of this subsection. For purposes of this section, an institutional land use includes government owned or operated facilities, places of worship, and hospitals. 2. Reserved. 4 in all zoning districts. The use and consumption limit is based on the total use from all water meters that serve the land use. b. Expansions of Existing Uses: No commercial or industrial land use shall expand to an extent that increases its daily potable water consumption or use to exceed an annual average of 300,000 gallons of potable water per day. Notwithstanding the provisions of Subsection 21A.38.040.H, an existing land use that exceeds the water use threshold may not expand if the expansion will result in a net increase in water consumption or use. The use and consumption limit is based on the total use from all water meters that serve the land use. c. Water Use Report Required: A land use applicant shall certify the anticipated daily water use of the proposed land use in a manner satisfactory to the Department of Public Utilities. The Department of Public Utilities may require an anticipated daily water use report of any land use applicant proposing a new use or expansion of an existing use. d. Exemption: Agricultural, residential, and institutional land uses are not subject to the regulations of this subsection. For purposes of this section, an institutional land use includes government owned or operated facilities, places of worship, and hospitals. 2. Reserved. 5 21A.33.020: TABLE OF PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS: To view TABLE OF PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS in PDF, click HERE Legend: C = Conditional P = Permitted Use Permitted and Conditional Uses by District FR-1/ 43,560 FR-2/ 21,780 FR-3/ 12,000 R-1/ 12,000 R-1/ 7,000 R-1/ 5,000 SR-1 SR-2 SR-3 R-2 RMF- 30 MF-35 RMF- 45 RMF- 75 RB R-MU- 35 R-MU- 45 R-MU RO Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P P P P P P P P P P P P P P P P P Adaptive reuse of a landmark site C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 P P P P P6 Alcohol, bar establishment (2,500 square feet or less in floor area) C9 C9 C9 C9 Alcohol, brewpub (2,500 square feet or less in floor area) C9 C9 C9 Alcohol, tavern (2,500 square feet or less in floor area) C9 Animal, veterinary office C C C P P6 Art gallery P P P P P Artisan food production (2,500 square feet or less in floor area) P3 P3 P3 P3 P 6 Bed and breakfast inn P P P P Bed and breakfast manor P Clinic (medical, dental) P P P P P6 Commercial food preparation P21 P21 P21 P21 P21 Community garden C C C C C C C C C P P P P P P P P P Community recreation center C Crematorium C C C Daycare center, adult C P P P P P P Daycare center, child C18 C1 8 C18 C18 C1 8 C1 8 C18 C18 C18 P P P P P P Daycare, nonregistered home daycare P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 Daycare, registered home daycare or preschool P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 Dwelling, accessory guest and servant’s quarter P11 P11 P11 Dwelling, accessory unit C C C C C C P P P P P P P P P P P P Dwelling, assisted living facility (large) C P P C P P Dwelling, assisted living facility (limited capacity) C C C C C C C C C P P P P P P P P 7 Dwelling, assisted living facility (small) P P P P P P Dwelling, congregate care facility (large) C C C C C C C Dwelling, congregate care facility (small) C C C C C C C C C C P P P P P P P P Dwelling; dormitory, fraternity, sorority P12 Dwelling, group home (large) C C C C C14 C C C C14 Dwelling, group home (small) P P P P P P P P P P P P P P15 P P P P15 Dwelling, manufactured home P P P P P P P P P P P P P P P P P Dwelling, multi- family P P P P P P P P P Dwelling, residential support (large) C C C C C16 Dwelling, residential support (small) C C P C C P P17 Dwelling, rooming (boarding) house C P C C C P P Dwelling, single- family (attached) P P P P P P P P P P Dwelling, single- family (detached) P P P P P P P P P P P P P P P P P P 8 Dwelling, twin home and two- family P P P2 P P P P P P P Financial institution P P P P6 Funeral home P P P P Governmental facility C C C C C C C C C C C C C C C C C C6 Home occupation P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 Laboratory, medical related P21 P21 P21 P21 P21 Library C C C C C Mixed use development P1 P P P P Mobile food business (operation on private property) P P P Municipal service use, including city utility use and police and fire station C C C C C C C C C C C C C C C C C C Museum P C P P P Nursing care facility P P P P P Office, excluding medical and dental clinic and office P P P P P6 Open space on lots less than 4 acres in size P P P P P P P P P P P P P P P P P P Park P P P P P P P P P P P P P P P P P P Parking, off site (to support nonconforming uses in a C C C C C 9 residential zone or uses in the CN or CB zones) Parking, park and ride lot shared with existing use P P P P P P P P P P P P P P P Place of worship on lots less than 4 acres in size C C C C C C C C C C C C C C C C C C Reception center P P P Recreation (indoor) P P P P P Research and development facility P21 P21 Restaurant P P P P P Restaurant with drive- through facility Retail goods establishment P P P P Retail goods establishment, plant and garden shop with outdoor retail sales area P P P P Retail service establishment P P P P School, music conservatory P C C P School, professional and vocational P C C P P6 School, seminary and religious institute C C C C C C C C C C C C C C C C C C Seasonal farm stand P P P P P 10 Studio, art P P P P P Technology facility P21 P21 P21 P21 Temporary use of closed schools and churches C19 C19 C19 C19 C1 9 C1 9 C19 C1 9 C19 C19 C19 C19 C19 C19 Theater, live performance C1 3 C13 C13 C13 C1 3 Theater, movie C C C C C Urban farm P P P P P P P P P P P P P P P P P P Utility, building or structure P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5, 7 Utility, transmission wire, line, pipe or pole P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 Wireless telecommunications facility (see Section 21A.40.090, Table 21A.40.090.E of this title) Qualifying provisions: 1. A single apartment unit may be located above first floor retail/office. 2. Provided that no more than 2 two-family buildings are located adjacent to one another and no more than 3 such dwellings are located along the same block face (within subdivisions approved after April 12, 1995). 3. Must contain retail component for on-site food sales. 4. Reserved. 5. See Subsection 21A.02.050.B of this title for utility regulations. 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building’s footprint. Building additions greater than 50 percent of the building’s footprint or new office building construction are subject to a design review. 7. Subject to conformance to the provisions in Section 21A.02.050 of this title. 11 8. Subject to conformance with the provisions of Subsection 21A.24.010.S of this title. 9. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related Establishments”, of this title. 10. In the RB zoning district, the total square footage, including patio space, shall not exceed 2,200 square feet in total. Total square footage will include a maximum 1,750 square feet of floor space within a business and a maximum of 450 square feet in an outdoor patio area. 11. Accessory guest or servant’s quarters must be located within the buildable area on the lot. 12. Subject to conformance with the provisions of Section 21A.36.150 of this title. 13. Prohibited within 1,000 feet of a single- or two-family zoning district. 14. Large group homes established in the RB and RO districts shall be located above the ground floor. 15. Small group homes established in the RB and RO districts shall be located above the ground floor. 16. Large residential support established in RO districts shall be located above the ground floor. 17. Small residential support established in RO districts shall be located above the ground floor. 18. Subject to Section 21A.36.130 of this title. 19. Subject to Section 21A.36.170 of this title. 20. Subject to Section 21A.36.030 of this title. 21. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 12 21A.33.030: TABLE OF PERMITTED AND CONDITIONAL USES FOR COMMERCIAL DISTRICTS: To view TABLE OF PERMITTED AND CONDITIONAL USES FOR COMMERCIAL DISTRICTS in PDF, click HERE Legend: C = Conditional P = Permitted Use Permitted and Conditional Uses by District CN CB CS1 CC CSHBD1 CG SNB Accessory use, except those that are specifically regulated elsewhere in this title P P P P P P P Adaptive reuse of a landmark site P P P P P P Alcohol: Bar establishment (2,500 square feet or less in floor area) C10,11 C10,11 P10 P10 P10 P10 Bar establishment (more than 2,500 square feet in floor area) P10 C10 P10 P10 Brewpub (2,500 square feet or less in floor area) C10,11 P10 P10 P10 P10 Brewpub (more than 2,500 square feet in floor area) P10 C10 P10 P10 Distillery P16, 23 Tavern (2,500 square feet or less in floor area) C10,11 P10 P10 P10 P10 Tavern (more than 2,500 square feet in floor area) P10 C10 P10 P10 Ambulance service (indoor) P P P P Ambulance service (outdoor) P6 P6 P6 P Amusement park P P Animal: Cremation service P P Kennel P Pet cemetery P4 Veterinary office C P P P P P Antenna, communication tower P P P P P 13 Antenna, communication tower, exceeding the maximum building height in the zone C C C C C Art gallery P P P P P P P Artisan food production (2,500 square feet or less in floor area) P20 P20 P P P20 P Artisan food production (more than 2,500 square feet in floor area) P23 P23 P23 Auction (outdoor) P P Auditorium P P P P Bakery, commercial P23 Bed and breakfast P P P P P P P14 Bed and breakfast inn P P P P P P Bed and breakfast manor C3 C3 P P P Bio-medical facility P22, 23 P22, 23 P22, 23 P22, 23 Blacksmith shop P23 Blood donation center C P Brewery P23 Bus line station/terminal P P Bus line yard and repair facility P Car wash P P P Car wash as accessory use to gas station or convenience store that sells gas P P P P Check cashing/payday loan business P8 P8 Clinic (medical, dental) P P P P P P Commercial food preparation P23 P23 P23 P23 P23 P23 Community correctional facility, large Community correctional facility, small C7,17 Community garden P P P P P P P Contractor’s yard/office C P 14 Crematorium C C C C Daycare center, adult P P P P P P Daycare center, child P P P P P P Daycare, nonregistered home daycare or preschool P18 P18 P18 P18 P18 P18 P18 Daycare, registered home daycare or preschool P18 P18 P18 P18 P18 P18 P18 Dwelling: Assisted living facility (large) P P P P Assisted living facility (small) P P P P Congregate care facility (large) C C C C Congregate care facility (small) P Group home (large) P C C Group home (small) when located above or below first story office, retail, or commercial use, or on the first story where the unit is not located adjacent to street frontage P P P P P P P Living quarter for caretaker or security guard P P P P P P Manufactured home P Multi-family P P P P P P Residential support (large) C C Residential support (small) C C Rooming (boarding) house P P P P P Single-family attached P Single-family detached P Single room occupancy Twin home P Two-family P Equipment rental (indoor and/or outdoor) P P Farmers’ market C C P P 15 Financial institution P P P P P P Financial institution with drive-through facility P9 P9 P9 P9 P9 Flea market (indoor) P P P P Flea market (outdoor) P Funeral home P P P P Gas station C P P P P Government facility C C C C C C Government facility requiring special design features for security purposes P P P P P P Home occupation P19 P19 P19 P19 P19 P19 P19 Homeless resource center C21 Homeless shelter C21 Hotel/motel C P P P House museum in landmark sites (see Subsection 21A.24.010.S of this title) C Impound lot C12 Industrial assembly P23 Intermodal transit passenger hub P Laboratory, medical related P23 P23 P23 P23 P23 Large wind energy system P P P Laundry, commercial P23 Library P P P P P P C Limousine service (large) P Limousine service (small) C C P Manufactured/mobile home sales and service P Mixed use development P P P P P P P13 Mobile food business (operation on private property) P P P P P P 16 Municipal service uses, including city utility uses and police and fire stations C C C C C C Museum P P P P P P P Nursing care facility P P P Office P P P P P P P15 Office, single practitioner medical, dental, and health P Offices and reception centers in landmark sites (see Subsection 21A.24.010.S of this title) C Open space P P P P P P Open space on lots less than 4 acres in size P Park P P P P P P P Parking: Commercial C P P Off site C P P P P P Park and ride lot C C P P Park and ride lot shared with existing use P P P P P Place of worship on lot less than 4 acres in size P P P P P P C Radio, television station P P P P Reception center P P P P P Recreation (indoor) P P P P P P P Recreation (outdoor) C C P Recreational vehicle park (minimum 1 acre) C Recycling collection station P P P P P P Research and development facility P23 P23 P23 P23 Restaurant P P P P P P Restaurant with drive-through facility P9 P9 P9 P9 P9 Retail goods establishment P P P P P P P Plant and garden shop with outdoor retail sales area P P P P P P P 17 With drive-through facility P9 P9 P9 P9 P9 Retail service establishment P P P P P P P Furniture repair shop C P P P P P With drive-through facility P9 P9 P9 P9 P9 Reverse vending machine P P P P P P Sales and display (outdoor) P P P P P P School: College or university P P P P P Music conservatory P P P P P Professional and vocational P P P P P Seminary and religious institute P P P P P C Seasonal farm stand P P P P P P Sexually oriented business P5 Sign painting/fabrication P Small brewery C23 P23 Solar array P23 Storage (outdoor) C P Storage, public (outdoor) C P Storage, self P P Store: Department P P Mass merchandising P P P Pawnshop P Specialty P P P P Superstore and hypermarket P P Warehouse club P Studio, art P P P P P P P 18 Studio, motion picture P Taxicab facility P Technology facility P23 P23 P23 P23 Theater, live performance P12 P12 P12 P12 P12 Theater, movie C P P P P Urban farm P P P P P P Utility, building or structure P2 P2 P2 P2 P2 P2 P2 Utility, transmission wire, line, pipe, or pole P2 P2 P2 P2 P2 P2 P2 Vehicle: Auction P Automobile repair (major) P P Automobile repair (minor) C P P P P P Automobile sales/rental and service P P Automobile salvage and recycling (indoor) P23 Boat/recreational vehicle sales and service P P Truck repair (large) P Truck sales and rental (large) P P Vending cart, private property P Warehouse P23 P23 Welding shop P Wholesale distribution P23 P23 Wireless telecommunications facility (see Section 21A.40.090, Table 21A.40.090.E of this title) C Woodworking mill P23 Qualifying provisions: 1. Development in the CS district shall be subject to planned development approval pursuant to the provisions of Chapter 21A.55 of this title. Certain developments in the CSHBD zone shall be subject to the design review process pursuant to the provisions of Subsection 21A.26.060.D and Chapter 21A.59 of this title. 19 2. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title for utility regulations. 3. When located in a building listed on the Salt Lake City Register of Cultural Resources (see Subsections 21A.24.010.S and 21A.26.010.K of this title). 4. Subject to Salt Lake Valley Health Department approval. 5. Pursuant to the requirements set forth in Section 21A.36.140 of this title. 6. Greater than 3 ambulances at location require a conditional use. 7. A community correctional facility is considered an institutional use and any such facility located within the AFPP Airport Flight Path Protection Overlay District is subject to the land use and sound attenuation standards for institutional uses of the applicable Airport influence zone within Section 21A.34.040 of this title. 8. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan businesses. 9. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-through use regulations. 10. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related Establishments”, of this title. 11. In CN and CB zoning districts, the total square footage, including patio space, shall not exceed 2,200 square feet in total. Total square footage will include a maximum 1,750 square feet of floor space within a business and a maximum of 450 square feet in an outdoor patio area. 12. Prohibited within 1,000 feet of a single- or two-family zoning district. 13. Residential units may be located above or below first floor retail/office. 14. In the SNB zoning district, bed and breakfast use is only allowed in a landmark site. 15. Medical and dental offices are not allowed in the SNB zoning district, except for single practitioner medical, dental and health offices. 16. Permitted in the CG zoning district only when associated with an on site food service establishment. 17. Prohibited within 1/2 mile of any residential zoning district boundary and subject to Section 21A.36.110 of this title. 18. Subject to Section 21A.36.130 of this title. 19. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.030 of this title. 20. Must contain retail component for on-site food sales. 21. Subject to conformance with the provisions of Section 21A.36.350 of this title, the city may not prohibit construction of a homeless resource center or homeless shelter if the site is approved by and receives funding through the State Homeless Coordinating Committee, with the concurrence of the Housing and Community Development Division within the Department of Workforce Services, in accordance with Section 35A-8-604 of the Utah Code. 22. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 23. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 20 21A.33.035: TABLE OF PERMITTED AND CONDITIONAL USES FOR TRANSIT STATION AREA DISTRICTS: To view TABLE OF PERMITTED AND CONDITIONAL USES FOR TRANSIT STATION AREA DISTRICTS in PDF, click HERE Legend: C = Conditional P = Permitted Use Permitted and Conditional Uses by District TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Accessory use, except those that are specifically regulated elsewhere in this title P P P P P P P P Adaptive reuse of a landmark site P P P P P P P P Agricultural use P P P P P P P P Alcohol: Bar establishment (2,500 square feet or less in floor area) P P P P P P P P Bar establishment (more than 2,500 square feet in floor area) P C P C P C P C Brewpub (2,500 square feet or less in floor area) P P P P P P P P Brewpub (more than 2,500 square feet in floor area) P C P C P C P C Distillery P12 C12 P12 C12 P12 P12 P12 C12 Tavern (2,500 square feet or less in floor area) P P P P P P P P Tavern (more than 2,500 square feet in floor area) P C P C P C P C Winery P12 C12 P12 C12 P12 P12 P12 P12 Amphitheater, formal C C Amphitheater, informal C C 21 Amusement park C C Animal: Cremation service P P P P P P P P Kennel P P P P Pet cemetery1 P1 P1 P1 P1 Stable, public P P Veterinary office P P P P P P P P Antenna, communication tower P P P P P P P P Antenna, communication tower, exceeding the maximum building height in the zone C C C C C C C C Art gallery P P P P P P P P Artisan food production P12 P12 P12 P12 P12 P12 P12 P12 Auction (indoor) P P P P Auditorium P P Bakery, commercial P12 P12 P12 P12 P12 P12 Bed and breakfast P P P P P P P P Bed and breakfast inn P P P P P P P P Bed and breakfast manor P P P P P P P P Bio-medical facility P11,12 P11,12 P11,12 P11,12 Blood donation center P P P P P P P P Botanical garden P P P P P P P P Brewery C12 C12 C12 C12 P12 P12 P12 P12 Car wash P P Car wash as accessory use to gas station or convenience store that sells gas P P Clinic (medical, dental) P P P P P P P P 22 Commercial food preparation P12 P12 P12 P12 P12 P12 Community correctional facility, small2,8 C2,8 Community garden P P P P P P P P Convent/monastery P P P P P P P P Convention center C C Crematorium P P P P P P Daycare center, adult P P P P P P P P Daycare center, child P P P P P P P P Daycare, nonregistered home daycare or preschool P6 P6 P6 P6 P6 P6 P6 P6 Daycare, registered home daycare or preschool P6 P6 P6 P6 P6 P6 P6 P6 Dwelling: Artists’ loft/studio P P P P P P P P Assisted living facility (large) P P P P P P P P Assisted living facility (small) P P P P P P P P Congregate care facility (large) C C C C C C C C Congregate care facility (small) P P P P P P P P Group home (large) P P P P P P P P Group home (small) P P P P P P P P Living quarter for caretaker or security guard P P P P P P P P Manufactured home P P P P P P P P Multi-family P P P P P P P P Residential support (large) P P P P P P P P Residential support (small) P P P P P P P P 23 Rooming (boarding) house P P P P P P P P Single-family attached P P P P P P P P Single-family detached P P P P Single room occupancy P P P P P P P P Twin home P P P P P P P P Two-family P P P P P P P P Exhibition hall C C Farmers’ market P P P P P P P P Financial institution P P P P P P P P Financial institution with drive-through facility P P Flea market (indoor) P P P P P P P P Flea market (outdoor) P P Food processing P12 P12 P12 P12 Funeral home P P P P P P P P Gas station P P Government facility P P P P P P P P Government facility requiring special design features for security purposes P P P P P P P P Grain elevator P P P P Greenhouse P P P P P P P P Home occupation P7 P7 P7 P7 P7 P7 P7 P7 Hospital, including accessory lodging facility P P P P P P P P Hotel/motel P P P P P P P P House museum in landmark sites (see Subsection 21A.24.010.S of this title) P P P P P P P P 24 Industrial assembly P12 P12 P12 P12 Laboratory, medical related P12 P12 P12 P12 P12 P12 P12 P12 Laundry, commercial P12 P12 Library P P P P P P P P Light manufacturing P12 P12 P12 P12 Meeting hall of membership organization P P P P P P P P Mixed use development P P P P P P P P Mobile food business (operating on private property) P P P P P P P P Mobile food business (operation in public right- of- way) P P P P P P P P Mobile food court P P P P P P Municipal service uses, including city utility uses and police and fire stations P P P P P P P P Museum P P P P P P P P Nursing care facility P P P P P P P P Office P P P P P P P P Office, publishing company P P P P P P P P Office, single practitioner medical, dental, and health P P P P P P P P Offices and reception centers in landmark sites (see Subsection 21A.24.010.S of this title) P P P P P P P P Open space P P P P P P P P Park P P P P P P P P Parking: Commercial (if located in a parking structure) P P P P P P P 25 Commercial (surface lot)3 P3 P3 Off site3 P3 P3 P3 P3 P3 P3 P7 P3 Park and ride lot3 P3 P3 Park and ride lot shared with existing use P P Performing arts production facility P P P P P P P P Philanthropic use P P P P P P P P Photo finishing lab P12 P12 P12 P12 P12 P12 P12 P12 Place of worship P P P P P P P P Printing plant P12 P12 P12 P12 P12 Radio, television station P P P P P P Railroad passenger station P P P P P P P P Reception center P P P P P P P P Recreation (indoor) P P P P P P P P Recreation (outdoor) P P P P P P P P Recycling collection station P P P P P P P P Research and development facility P12 P12 P12 P12 P12 P12 P12 P12 Restaurant P P P P P P P P Restaurant with drive- through facility9 C10 Retail goods establishment P P P P P P P P Plant and garden shop with outdoor retail sales area P P P P P P P P With drive-through facility Retail service establishment P P P P P P P P Furniture repair shop P P P P P P P P Sales and display (outdoor) P P P P P P P P 26 School: College or university P P P P P P P P Music conservatory P P P P P P P P Professional and vocational P P P P P P P P Seminary and religious institute P P P P P P P P Seasonal farm stand P P P P P P P P Small brewery P12 C12 P12 C12 P12 P12 P12 P12 Social service mission and charity dining hall C C C C P P P P Solar array P12 P12 P12 P12 Stadium C C C C C C Storage, self P P P P Store: Convenience P P P P P P P P Department P P P P P P P P Mass merchandising P P P P P P P P Specialty P P P P P P P P Superstore and hypermarket P P Warehouse club P P Studio, art P P P P P P P P Studio, motion picture P P P P Technology facility P12 P12 P12 P12 P12 P12 P12 P12 Theater, live performance4 P4 C4 P4 C4 P4 P4 P4 P4 Theater, movie P P P P P P Urban farm P P P P P P P P Utility, building or structure5 P5 P5 P5 P5 P5 P5 P5 P5 27 Utility, transmission wire, line, pipe, or pole5 P5 P5 P5 P5 P5 P5 P5 P5 Vehicle: Automobile repair (minor) P P Vending cart, private property P P P P P P P P Warehouse P12 P12 Wholesale distribution P12 Wireless telecommunications facility (see Section 21A.40.090 of this title) P P P P P P P P Wireless telecommunications facility, exceeding the maximum building height of the zone (see Section 21A.40.090 of this title) C C C C C C C C Woodworking mill P12 P12 P12 Zoological park C C Qualifying provisions for specific land uses: 1. Subject to Salt Lake Valley Health Department approval. 2. A community correctional facility is considered an institutional use and any such facility located within the AFPP Airport Flight Path Protection Overlay District is subject to the land use and sound attenuation standards for institutional uses of the applicable Airport influence zone within Section 21A.34.040 of this title. 3. Surface parking lots as a principal use located on a lot that has frontage on a public street are prohibited. 4. Prohibited within 1,000 feet of a single- or two-family zoning district. 5. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title for utility regulations. 6. Subject to Section 21A.36.130 of this title. 7. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.030 of this title. 8. Subject to Section 21A.36.110 of this title. 9. Drive-through windows are prohibited on any public street facing facade and automobile stacking is prohibited between public street facing facades and the adjacent public right-of-way. 10. Subject to conformance with the provisions in Section 21A.40.060 for drive-through use regulations. 28 11. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 12. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 21A.33.040: TABLE OF PERMITTED AND CONDITIONAL USES FOR MANUFACTURING DISTRICTS: To view TABLE OF PERMITTED AND CONDITIONAL USES FOR MANUFACTURING DISTRICTS in PDF, click HERE. Legend: C = Conditional P = Permitted Use Permitted and Conditional Uses by District M-1 M-2 Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P Adaptive reuse of a landmark site C C7 Agricultural use P P Alcohol: Bar establishment C6,10 C6,10 Brewpub P6,10 P6,10 Distillery P19 P19 Tavern C6,10 C6,10 Winery P19 P19 Ambulance services (indoor and/or outdoor) P P Animal: Cremation service P P Kennel P13 P Pet cemetery P2 P2 Pound P12,13 P12 Raising of furbearing animals C P Stockyard C12 P12 Veterinary office P P Antenna, communication tower P P Antenna, communication tower, exceeding the maximum building height C C Artisan food production P19 P19 Bakery, commercial P19 P19 Bio-medical facility P18,19 P18,19 29 Blacksmith shop P19 P19 Bottling plant P19,20 P19,20 Brewery P19 P19 Building materials distribution P P Bus line station/terminal P P Bus line yard and repair facility P12 P Cannabis production establishment P P Check cashing/payday loan business P9 Chemical manufacturing and/or storage C19 Commercial food preparation P19 P19 Community correctional facility, large C8,16 Community correctional facility, small C8,16 Community garden P Concrete and/or asphalt manufacturing C12,13,19 P12,19 Contractor’s yard/office P P Crematorium P P Data center P19 Daycare center, adult P Daycare center, child P Drop forge industry P19 Dwelling, living quarters for caretaker or security guard, limited to uses on lots 1 acre in size or larger and is accessory to a principal use allowed by the zoning district P P Equipment, heavy (rental, sales, service) P P Equipment rental (indoor and/or outdoor) P P Explosive manufacturing and storage C12,19 Financial institution with or without drive-through facility P11 Flammable liquids or gases, heating fuel distribution and storage P12 Food processing P19 P19 Gas station P P Golf course P19 Government facility P P Government facility requiring special design features for security purposes P P Grain elevator C12 P Greenhouse P Heavy manufacturing P12,19 Home occupation P15 P15 30 Hotel/motel P Impound lot P12 P12 Incinerator, medical waste/hazardous waste C12,19 Industrial assembly P19 P19 Laboratory, medical related P19 P19 Large wind energy system P13,14 P Laundry, commercial P19 P19 Light manufacturing P19 P19 Limousine service P P Mobile food business (operation in the public right- of-way) P P Mobile food business (operation on private property) P P Mobile food court P P Municipal services uses including city utility uses and police and fire stations P Office P Office, publishing company P Open space P P Package delivery facility P P Paint manufacturing P19 Park P P Parking: Commercial P Off site P P Park and ride lot P P Park and ride lot shared with existing use P P Photo finishing lab P19 P19 Poultry farm or processing plant P12,19 Printing plant P19 Radio, television station P Railroad, freight terminal facility C4 C4 Railroad, repair shop C19 P19 Recreation (indoor) P Recreation (outdoor) P Recycling: Collection station P P Processing center (indoor) P19 P19 31 Processing center (outdoor) C12,13,14,19 P12,19 Refinery, petroleum products C12,19 Restaurant with or without drive-through facilities P11 Research and development facility P19 P19 Retail goods establishment with or without drive- through facility P11 Retail service establishment: Electronic repair shop P Furniture repair shop P P Upholstery shop P Rock, sand and gravel storage and distribution C P School: Professional and vocational (with outdoor activities) P Professional and vocational (without outdoor activities) P Seminary and religious institute P Seasonal farm stand P P Sexually oriented business P5 P5 Sign painting/fabrication P P Slaughterhouse P12 Small brewery P19 P19 Solar array P17,19 P19 Storage and display (outdoor) P P Storage, public (outdoor) P P Storage, self P P Store, convenience P P Studio, motion picture P Taxicab facility P P Technology facility P19 Tire distribution retail/wholesale P P Truck freight terminal P12 P12 Urban farm P P Utility: Building or structure P P Electric generation facility C3,12,19 C3,12,19 Sewage treatment plant C P Solid waste transfer station C12 P12 32 Transmission wire, line, pipe or pole P1 P1 Vehicle: Auction P P Automobile and truck repair P P Automobile and truck sales and rental (including large truck) P P Automobile part sales P P Automobile salvage and recycling (indoor) P19 P19 Automobile salvage and recycling (outdoor) C 12,13,14,19 P12,19 Recreational vehicle (RV) sales and service P P Truck repair (large) P P Vending cart, private property P P Warehouse P19 P19 Welding shop P19 P19 Wholesale distribution P19 P19 Wireless telecommunications facility (see Section 21A.40.090, Table 21A.40.090.E. of this title) Woodworking mill P19 P19 Qualifying provisions: 1. See Subsection 21A.02.050.B of this title for utility regulations. 2. Subject to Salt Lake Valley Health Department approval. 3. Electric generating facilities shall be located within 2,640 feet of an existing 138 kV or larger electric power transmission line. 4. No railroad freight terminal facility shall be located within 1 mile of a residential zoning district. 5. Pursuant to the requirements set forth in Section 21A.36.140 of this title. 6. If a place of worship is proposed to be located within 600 feet of a tavern, bar establishment, or brewpub, the place of worship must submit a written waiver of spacing requirement as a condition of approval. 7. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building’s footprint. Building additions greater than 50 percent of the building’s footprint or new office building construction are subject to a design review. 8. A community correctional facility is considered an institutional use and any such facility located within the AFPP Airport Flight Path Protection Overlay District is subject to the land use and sound attenuation standards for institutional uses of the applicable Airport influence zone within Section 21A.34.040 of this title. 9. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan businesses. 10. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related Establishments”, of this title. 33 11. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive- through use regulations. 12. Prohibited within 1,000 feet of a single- or two-family zoning district. 13. Prohibited within the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay District. 14. Prohibited within the Development Area of the Northwest Quadrant Overlay District. 15. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.030 of this title. 16. Prohibited within 1/2 mile of any residential zoning district boundary and subject to Section 21A.36.110 of this title. 17. Prior to issuance of a building permit in the Development Area and the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay, consultation with the Utah Division of Wildlife Resources is required to obtain recommendations on siting and equipment types for all solar arrays on a particular property to mitigate impacts to wildlife. 18. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 19. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 20. Prohibited in the IP Inland Port Overlay District. See Subsection 21A.34.150.B.2.f. 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS: To view TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS in PDF, click HERE Legend: C = Conditional P = Permitted Use Permitted and Conditional Uses by District D-1 D-2 D-3 D-4 Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P P P Adaptive reuse of a landmark site P P P P4 Alcohol: Bar establishment (indoor) P6 C6 C6 P6 Bar establishment (outdoor) P6 C6 C6 P6 Brewpub (indoor) P6 P6 P6 P6 Brewpub (outdoor) P6 P6 P6 P6 Tavern (indoor) P6 C6 C6 P6 Tavern (outdoor) P6 C6 C6 P6 Animal, veterinary office P P 34 Antenna, communication tower P P P P Antenna, communication tower, exceeding the maximum building height C C C C Art gallery P P P P Artisan food production P 14,18 P18 P18 P18 Bed and breakfast P P P P Bed and breakfast inn P P P P Bed and breakfast manor P P P P Bio-medical facility P17,18 P17,18 P17,18 P17,18 Blood donation center P Bus line station/terminal P7 P7 P7 P7 Bus line yard and repair facility P Car wash P3 Check cashing/payday loan business P5 Clinic (medical, dental) P P P P Commercial food preparation P18 P18 P18 P18 Community garden P P P P Convention center P Crematorium P P P Daycare center, adult P P P P Daycare center, child P P P P Daycare, nonregistered home daycare P 12 P 12 P 12 P 12 Daycare, registered home daycare or preschool P 12 P 12 P 12 P 12 Dwelling: Artists’ loft/studio P P P P Assisted living facility (large) P P P P Assisted living facility (limited capacity) P P P Assisted living facility (small) P P P P Congregate care facility (large) C C C C Congregate care facility (small) P P P P Group home (large) C C Group home (small) P P P P Multi-family P P P P Residential support (large) C C Residential support (small) C C Exhibition hall P 35 Farmers’ market P Financial institution P P P P Financial institution with drive-through facility P8 P8 Funeral home P P P Gas station P P7 P7 Government facility C C C C Government facility requiring special design features for security purposes P7 P7 Heliport, accessory C C C Home occupation P 13 P 13 P 13 P 13 Homeless resource center C 15 C 15 Homeless shelter C 15 C 15 Hotel/motel P P P P Industrial assembly C18 C18 Laboratory, medical related P18 P18 P18 P18 Laundry, commercial P18 Library P P P P Limousine service P Mixed use development P P P P Mobile food business (operation in the public right-of-way) P P P P Mobile food business (operation on private property) P P P P Mobile food court P P P P Municipal services uses including city utility uses and police and fire stations P P P P Museum P P P P Office P P P P Office, publishing company P P P P Open space on lots less than 4 acres in size P7 P7 P7 P7 Park P P P P Parking, commercial C P C C Parking, off site P P P P Performing arts production facility P P P P Place of worship P11 P11 P11 P11 Radio, television station P P P Railroad, passenger station P P P P Reception center P P P P 36 Recreation (indoor) P P P P Recreation (outdoor) P Research and development facility P18 P18 P18 P18 Restaurant P P P P Restaurant with drive-through facility P8 Retail goods establishment P P P P Retail service establishment P P P P Retail service establishment, upholstery shop P P Sales and display (outdoor) P P P P School: College or university P P P P K - 12 private P P K - 12 public P P Music conservatory P P P P Professional and vocational P P P P Seminary and religious institute P P P P Small brewery C18 Social service mission and charity dining hall C C Stadium C C C Storage, self P 16 P P Store: Department P P P Fashion oriented department P2 Mass merchandising P P P Pawnshop P Specialty P P P Superstore and hypermarket P Studio, art P P P P Technology facility P18 P18 P18 P18 Theater, live performance P9 P9 P9 P9 Theater, movie P P P P Utility, buildings or structure P1 P1 P1 P1 Utility, transmission wire, line, pipe or pole P1 P1 P1 P1 Vehicle: Automobile repair (major) P P7 P7 37 Automobile repair (minor) P P7 P7 Automobile sales/rental and service P10 P P10 Vending cart, private property P P P P Vending cart, public property Warehouse P18 Warehouse, accessory P P Wholesale distribution P18 Wireless telecommunications facility (see Section 21A.40.090, Table 21A.40.090.E of this title) Qualifying provisions: 1. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title. 2. Uses allowed only within the boundaries and subject to the provisions of the Downtown Main Street Core Overlay District (Section 21A.34.110 of this title). 3. A car wash located within 165 feet (including streets) of a residential use shall not be allowed. 4. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building’s footprint. Building additions greater than 50 percent of the building’s footprint or new office building construction are subject to a design review (Chapter 21A.59 of this title). 5. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan businesses. 6. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related Establishments”, of this title. 7. Subject to conformance with the provisions of Chapter 21A.59, “Design Review”, of this title. 8. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-through use regulations. 9. Prohibited within 1,000 feet of a single- or two-family zoning district. 10. Must be located in a fully enclosed building and entirely indoors. 11. If a place of worship is proposed to be located within 600 feet of a tavern, bar establishment, or brewpub, the place of worship must submit a written waiver of spacing requirement as a condition of approval. 12. Subject to Section 21A.36.130 of this title. 13. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.030 of this title. 14. Must contain retail component for on-site food sales. 15. Subject to conformance with the provisions of Section 21A.36.350 of this title, the city may not prohibit construction of a homeless resource center or homeless shelter if the site is approved by and receives funding through the State Homeless Coordinating Committee, with the concurrence of the Housing and Community Development Division within the Department of Workforce Services, in accordance with Section 35A-8-604 of the Utah Code. 38 16. Limited to basement/below ground levels only. Not allowed on the ground or upper levels of the building, with the exception of associated public leasing/office space. 17. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 18. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 21A.33.060: TABLE OF PERMITTED AND CONDITIONAL USES IN THE GATEWAY DISTRICT: To view TABLE OF PERMITTED AND CONDITIONAL USES IN THE GATEWAY DISTRICT in PDF, click HERE. Legend: C = Conditional P = Permitted Use G-MU Accessory use, except those that are otherwise specifically regulated elsewhere in this title P Adaptive reuse of a landmark site P Alcohol: Bar establishment (indoor) P2 Bar establishment (outdoor) P2,5 Brewpub (indoor) P2 Brewpub (outdoor) P2,5 Tavern (indoor) P2 Tavern (outdoor) P2,5 Ambulance service (indoor) C Amphitheater, formal P Amphitheater, informal P Animal, veterinary office P Antenna, communication tower P Antenna, communication towers, exceeding the maximum building height C Art gallery P Artisan food production P9 Artists’ loft/studio P Auction (indoor) P Auditorium P Bed and breakfast P Bed and breakfast inn P Bed and breakfast manor P Bio-medical facility P8,9 39 Botanical garden P Bus line station/terminal P3 Clinic (medical, dental) P Commercial food preparation P9 Community garden P Crematorium P Daycare center, adult P Daycare center, child P Daycare, nonregistered home daycare P 6 Daycare, registered home daycare or preschool P 6 Dwelling: Assisted living facility (large) P Assisted living facility (limited capacity) P Assisted living facility (small) P Congregate care facility (large) C Congregate care facility (small) P Group home (large) C Group home (small) when located above or below first story office, retail or commercial use, or on the first story where the unit is not located adjacent to the street frontage P Living quarters for caretaker or security guard P Multi-family P Residential support (large) C Residential support (small) C Single-family (attached) P Equipment rental (indoor and/outdoor) P Farmers’ market P Financial institution P Flea market (indoor) P Funeral home P Government facility C Government facility requiring special design features for security purposes P3 Heliport, accessory C Home occupation P 7 Hotel/motel P Industrial assembly C9 40 Laboratory, medical related P9 Large wind energy system P Library P Mixed use development P Mobile food business (operation in the public right-of-way) P Mobile food business (operation on private property) P Mobile food court P Municipal services uses including city utility uses and police and fire stations P Museum P Office P Open space P Park P Parking: Commercial C Off site P Park and ride lot C Park and ride lot shared with existing use P Performing arts production facility P Photo finishing lab P9 Place of worship P Radio, television station C Reception center P Recreation (indoor) P Recreation (outdoor) C Research and development facility P9 Restaurant P Retail goods establishment P Retail goods establishment, plant and garden shop, with outdoor retail sales area P Retail service establishment P Retail service establishment, upholstery shop C School: College and university P K - 12 private P K - 12 public P Music conservatory P 41 Professional and vocational P Seminary and religious institute P Seasonal farm stand P Small brewery C9 Social service mission and charity dining hall C Solar array P9 Stadium C Storage, self P3 Store: Department P Mass merchandising P Specialty P Superstore and hypermarket P Studio, art P Studio, motion picture C Technology facility P9 Theater, live performance P4 Theater, movie P Urban farm P Utility, building or structure P1 Utility, transmission wire, line, pipe or pole C Vehicle: Automobile repair (minor) P Automobile sales/rental and service (indoor) P Boat/recreational vehicle sales and service (indoor) P Vending cart, private property P Vending cart, public property P Wireless telecommunications facility (see Section 21A.40.090, Table 21A.40.090.E of this title) Zoological park C Qualifying provisions: 1. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title. 2. Subject to conformance with the provisions of Section 21A.36.300, ”Alcohol Related Establishments”, of this title. 3. Subject to conformance with the provisions of Chapter 21A.59, “Design Review”, of this title. 42 4. Prohibited within 1,000 feet of a single- or two-family zoning district. 5. Subject to the requirements set forth in Section 21A.40.065, “Outdoor Dining”, of this title. 6. Subject to Section 21A.36.130 of this title. 7. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.030 of this title. 8. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 9. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. No conditional use permit shall be granted for any property which abuts a residential zoning district, except for places of worship, public/private utilities and related facilities, residential facilities for persons with a disability and educational facilities. 43 21A.33.070: TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS: To view TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS in PDF, click HERE Legend: C = Conditional P = Permitted Use Permitted and Conditional Uses by District RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P P P P P P P 20 P P P P P P P P Adaptive reuse of a landmark site C2 C2 C2 P2 Agricultural use C P P P P P P Air cargo terminals and package delivery facility P P Airport P Alcohol: Bar establishment (2,500 square feet or less in floor area) C12 Brewpub (2,500 square feet or less in floor area) P12 C12 Brewpub (more than 2,500 square feet in floor area) P12 Tavern (2,500 square feet or less in floor area) C12 Ambulance service (indoor) P P Ambulance service (outdoor) P10 P10 Amphitheater, formal P C Amphitheater, informal P P 44 Animal: Kennel on lots of 5 acres or larger C P8 P8 P8 P8 Pet cemetery P4 P4 P4 P4 P4,5 Stable (private) P P P P Stable (public) P P P P Veterinary office P P Antenna, communication tower P P C P P P P P 21 P P C P P P Antenna, communication tower exceeding the maximum building height in the zone C C P 21 P P11 C C C Art gallery P P P P P P Artisan food production P24 P18, 24 Bed and breakfast P2 P P Bed and breakfast inn P2 P P Bed and breakfast manor P2 P P Bio-medical facility P23,24 P23,24 P23, 24 P23, 24 Botanical garden P P P P Cannabis production establishment P P P P P Cemetery P Clinic (medical, dental) P P P P P 45 Commercial food preparation P24 P24 Community garden P P P P P P P P P P P P P P Convent/monastery P P Data center P24 Daycare center, adult P P P P P P P P Daycare center, child P P P P P P P P P Daycare, nonregistered home daycare P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 Daycare, registered home daycare or preschool P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 Dwelling: Accessory unit P P P P P P Assisted living facility (large) C P P Assisted living facility (limited capacity) P P P Assisted living facility (small) P P P Congregate care facility (large) C C C Congregate care facility (small) P P P Group home (large) C Group home (small) P P P P Living quarters for caretaker or security guard P P P C P P P P Manufactured home P P P 46 Mobile home P Multi-family P P Residential support (large) C Residential support (small) P Rooming (boarding) house P Single-family (attached) P Single-family (detached) P P P P Twin home and two-family P Exhibition hall C P C P Extractive industry P24 Fairground C Farm stand, seasonal P P P P P P P P P P P P P Financial institution P P P Financial institution with drive-through facility P14 P14 Gas station P7 Golf course P24 P24 P24 Government facility C C P P P P P 20 P C C C13 C P C Government facility requiring special design features for security purposes C C Government office P P P P P P P P 47 Heliport C C P P C C Home occupation P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 Hospital, including accessory lodging facility C P P Hotel/motel C C P P Hunting club, duck P Industrial assembly P24 P24 Jail C Jewelry fabrication P Laboratory, medical related P24 P24 P24 P24 P24 Large wind energy system C C C C C C C P P Library P P P P P Light manufacturing C24 P24 Manufacturing, concrete or asphalt P15, 24 Meeting hall of membership organization P P P P P Mixed use development P Mobile food business (operation on private property) P P P P P Municipal service uses, including city utility uses and police and fire stations C C P P P P P C C C14 C P C Museum C P P P P P P 48 Nursing care facility P P P Office P P P P P P P P Open space P P P P P P P P P9 P P P P P P P P Park P P P P P P P P P P P P P P Parking: Commercial C Off site P P P P P C Off site (to support uses in an OS or NOS zoning district) P Park and ride lot P C Park and ride lot shared with existing use P P P P P P P P Performing arts production facility P P Philanthropic use P P P P Place of worship P P P P P Radio, television station P6 P Reception center C22 C P P P P Recreation (indoor) C P P P P P P Recreation (outdoor) P P P P Research and development facility P24 P24 P24 P24 P24 Restaurant P7 P 49 Restaurant with drive-through facility P7,14 P3 Retail goods establishment P7 P P Retail, sales and service accessory use when located within a principal building P20 P Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees P P P P P P P P P Retail service establishment P School: College or university P P P K - 12 private P P P P K - 12 public P P P P Music conservatory P P P Professional and vocational P P P P P Seminary and religious institute P P C Small brewery C24 Solar array P24 P24 P19, 24 P24 P24 P24 Stadium C C C Storage, accessory (outdoor) P P P P Studio, art P 50 Technology facility P24 P24 P24 P24 Theater, live performance C15 C15 C15 C15 C15 C15 C15 Theater, movie C C Transportation terminal, including bus, rail and trucking P Urban farm P P P P P P P P P P P P Utility, building or structure P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 Utility, transmission wire, line, pipe or pole P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 Vehicle, automobile rental agency P P Vending cart, private property P P Vending cart, public property P Warehouse P24 P24 Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate) P Wholesale distribution P24 P24 Wireless telecommunications facility (see Section 21A.40.090, Table 21A.40.090.E of this title) Zoological park P Qualifying provisions: 1. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title. 2. When located in a building listed on the Salt Lake City Register of Cultural Resources. 51 3. When located on an arterial street. 4. Subject to Salt Lake Valley Health Department approval. 5. In conjunction with, and within the boundaries of, a cemetery for human remains. 6. Radio station equipment and antennas shall be required to go through the site plan review process to ensure that the color, design and location of all proposed equipment and antennas are screened or integrated into the architecture of the project and are compatible with surrounding uses. 7. When approved as part of a business park planned development pursuant to the provisions of Chapter 21A.55 of this title. 8. Kennels, whether within penned enclosures or within enclosed buildings, shall not be permitted within 200 feet of an existing single-family dwelling on an adjacent lot. 9. Trails and trailheads with signage are subject to Section 21A.46.120, “Sign Regulations for Special Purpose Districts”, of this title. 10. Greater than 3 ambulances at location require a conditional use. 11. Maximum of 1 monopole per property and only when it is government owned and operated for public safety purposes. 12. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related Establishments”, of this title. 13. If located on a collector or arterial street according to the Salt Lake City Transportation Master Plan - Major Street Plan: Roadway Functional Classification map. 14. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-through use regulations. 15. Prohibited within 1,000 feet of a single- or two-family zoning district. 16. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.130 of this title. 17. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.030 of this title. 18. Must contain retail component for on-site food sales. 19. Prior to issuance of a building permit in the Development Area and the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay, consultation with the Utah Division of Wildlife Resources is required to obtain recommendations on siting and equipment types for all solar arrays on a particular property to mitigate impacts to wildlife. 20. When customarily provided with the principal use and is accessory to the principal use. 21. New antennae and communication towers are allowed outside the telecommunication corridor in the OS Open Space District for public safety, public security or Salt Lake City Public Utilities Department purposes only. 52 22. Reception centers may be allowed in parks of 100 acres or more where the reception center is a subordinate use to the principal use of the property as a park. Reception centers are allowed in existing buildings, are limited to 1 reception center per park, and hours of operation are limited to park hours. Removal of existing recreation areas to accommodate the stand alone reception center use, including areas to accommodate parking for the reception center use, is not permitted. 23. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 24. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 53 21A.33.080: TABLE OF PERMITTED AND CONDITIONAL USES IN FORM BASED DISTRICTS: To view TABLE OF PERMITTED AND CONDITIONAL USES IN FORM BASED DISTRICTS in PDF, click HERE Note: Uses which are not listed in the following table are not permitted in any Form Based Code Zoning District. Legend: C = Conditional P = Permitted Use Permitted and Conditional Uses by District FB-UN1 FB-UN2 FB-SC FB-SE Accessory use, except those that are specifically regulated in this chapter, or elsewhere in this title P P P P Alcohol: Bar establishment P P C Brewpub P P C Tavern, 2,500 square feet or less in floor area P P C Animal, veterinary office P P P Antenna, communication tower P P P Art gallery P P P Artisan food production P3,5 P3,5 P3,5 Bed and breakfast P P P P Bed and breakfast inn P P P P Bed and breakfast manor P P P P Bio-medical facility P4,5 P4,5 Clinic (medical, dental) P P P Commercial food preparation P5 P5 P5 Community garden P P P P Community recreation center P P P Daycare center, adult P P P Daycare center, child P P P Daycare, nonregistered home daycare P1 P1 P1 P1 Daycare, registered home daycare or preschool P1 P1 P1 P1 Dwelling: Assisted living facility (limited capacity) P P P P Assisted living facility (small) P P P Congregate care facility (large) C C C Congregate care facility (small) C Group home (large) P P P 54 Group home (small) when located above or below first story office, retail, or commercial use, or on the first story where the unit is not located adjacent to street frontage P P P Multi-family P P P Residential support (large) P Residential support (small) P Rooming (boarding) house P Single-family attached P P P Single-family detached P Single-family detached (cottage development building form only) P P Single room occupancy P Two-family P Farmers’ market P P P Financial institution P P P Funeral home P P P Government facility P P P P Health and fitness facility P P P Home occupation P2 P2 P2 P2 Hotel/motel P P House museum in landmark site P P P P Laboratory, medical related P5 P5 P5 Library P P P Mixed use developments including residential and other uses allowed in the zoning district P P P Municipal service uses, including city utility uses and police and fire stations P P P P Museum P P P Nursing care facility P P P Office P P P Office and/or reception center in landmark site P P P Open space P P P P Park P P P P Parking, off site P P P P Photo finishing lab P5 P5 Place of worship P P P 55 Plazas P P P P Recreation (indoor) P P P Research and development facility P5 P5 P5 Restaurant P P P Retail goods establishment P P P Retail goods establishment, plant and garden shop with outdoor retail sales area P P P Retail service establishment P P P Sales and display (outdoor) P P P School: College or university P P P Music conservatory P P P Professional and vocational P P P Seminary and religious institute P P P Seasonal farm stand P P P Solar array P5 P5 P5 Store, specialty P P P Studio, art P P P Technology facility P5 P5 P5 Theater, movie P P P Urban farm P P P P Utility, building or structure P P P P Utility, transmission wire, line, pipe, or pole P P P P Vending cart, private property P P P Wireless telecommunications facility P P P Qualifying provisions: 1. Subject to Section 21A.36.130 of this title. 2. Subject to Section 21A.36.030 of this title. 3. Must contain retail component for on-site food sales. 4. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental Quality administrative rules. 5. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 56 SECTION 2. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 21A.60.020 of the Salt Lake City Code (List of Defined Terms) shall be and hereby is amended as follows: a. Adding the Term “Anticipated Daily Water Use Report”. That Section 21A.60.040 shall be and hereby is amended to add the term “Anticipated Daily Water Use Report”, which term shall be inserted into Section 21A.60.020 in alphabetical order and shall read as follows: Anticipated Daily Water Use Report. b. Adding the Term “Potable water”. That Section 21A.60.040 shall be and hereby is amended to add the term “Potable water”, which term shall be inserted into Section 21A.60.020 in alphabetical order and shall read as follows: Potable water. SECTION 3. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 21A.62.040 of the Salt Lake City Code (Definitions of Terms) shall be and hereby is amended as follows: a. Amending the Definition of “BOTTLING PLANT”. That the definition of the term, “BOTTLING PLANT” provided in Section 21A.62.040 shall be and hereby is amended to read as follows: BOTTLING PLANT: An establishment that engages in the bottling, canning, or filling of any container with beverages for distribution. The term “bottling plant” shall not include any beverage or food manufacturing type use which is otherwise listed specifically in the table of permitted and conditional uses found in Chapter 21A.33 of this title. b. Adding the Definition “ANTICIPATED DAILY WATER USE REPORT”. That Section 21A.62.040 shall be and hereby is amended to add the definition “ANTICIPATED DAILY WATER USE REPORT”, which definition shall be inserted into Section 21A.62.040 in alphabetical order and shall read as follows: 57 ANTICIPATED DAILY WATER USE REPORT: A detailed report provided by an applicant that demonstrates the anticipated daily use and/or consumption of water for the described use based on commonly accepted standards within the water utility industry. c. Adding the Definition “POTABLE WATER”. That Section 21A.62.040 shall be and hereby is amended to add the definition “POTABLE WATER”, which definition shall be inserted into Section 21A.62.040 in alphabetical order and shall read as follows: POTABLE WATER: Water that is safe for human consumption and provided by the Salt Lake City Department of Public Utilities. SECTION 4. Effective Date. This Ordinance take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. 58 Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. Ordinance regulating high water uses (final) APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney October 29, 2021 SALT LAKE CITY ORDINANCE 1 No. _____ of 2021 2 (An ordinance amending various sections of the Salt Lake City Code 3 pertaining to land uses that use or consume significant amounts of water 4 pursuant to Petition No. PLNPCM2021-00635) 5 6 An ordinance amending various sections of the Salt Lake City Code to regulate land uses 7 that use or consume significant amounts of water as provided herein. 8 WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held 9 a public hearing on September 22, 2021 to consider a request by the Salt Lake City Council (the 10 “City Council”) to amend the Salt Lake City Code to prohibit land uses that use or consume a 11 significant amount of water; and 12 WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held 13 a public hearing on September 22, 2021 to consider petition number PLNPCM2021-00635 (the 14 “petition”) initiated by Salt Lake City Mayor, Erin Mendenhall, to amend Salt Lake City Code to 15 prohibit land uses that use or consume a significant amount of water; and 16 WHEREAS, at its September 22, 2021 hearing, the Planning Commission voted in favor 17 of forwarding a positive recommendation of approval to the City Council to adopt changes to the 18 Salt Lake City Code pertaining to the prohibition of land uses which use or consume significant 19 amounts of water; and 20 WHEREAS, the Salt Lake City Council desires to modify its land use regulations to as 21 provided herein; and 22 WHEREAS, the Salt Lake City Council finds that while the city has adequate water 23 resources for the current needs of the city’s customers in the city’s designated water service area 24 2 LEGISLATIVE DRAFT and the city holds water interests that can be developed in the future for the benefit of its water 25 customers, the city’s water resource supply is not unlimited and, furthermore changing 26 environmental conditions are placing significant pressure on the city’s water resources; 27 WHEREAS, the majority of the city’s water resources emanate from the watershed that 28 contribute water to Great Salt Lake, and the city is very concerned that a shrinking Great Salt 29 Lake has significant negative ramifications to the health and welfare of the public and 30 environment; and 31 WHEREAS, immediate steps are appropriate to limit use of the city’s water resources by 32 water consumers that would consume very large quantities of water that would exacerbate the 33 pressures on the city’s water resources and the Great Salt Lake system ; and 34 WHEREAS, the Salt Lake City Council desires to enact land use regulations that protect 35 and preserve the availability of the city to provide water to its current customers and to future 36 development in the city that will promote the public health, safety and general welfare of the 37 present and future city residents; and 38 WHEREAS, the Salt Lake City Council finds that modification of its land use regulations 39 is just one of a number of methods in which Salt Lake City currently regulates water use or 40 consumption and contemplates that the city will continue to explore further regulatory methods 41 to help ensure a fair and equitable use of the city’s finite resource; and 42 WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this 43 matter, that adopting this ordinance promotes the health, safety, and public welfare of the 44 citizens of the city. 45 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 46 3 LEGISLATIVE DRAFT SECTION 1. Amending the Text of Salt Lake City Code Chapter 21A.33. That Chapter 47 21A.33 of the Salt Lake City Code (Land Use Tables) shall be and hereby is amended to read and 48 appear as follows: 49 SECTION: 50 21A.33.010: General Provisions 51 21A.33.020: Table Oof Permitted Aand Conditional Uses Ffor Residential Districts 52 21A.33.030: Table Oof Permitted Aand Conditional Uses Ffor Commercial Districts 53 21A.33.035: Table Oof Permitted Aand Conditional Uses Ffor Transit Station Area 54 Districts 55 21A.33.040: Table Oof Permitted Aand Conditional Uses Ffor Manufacturing Districts 56 21A.33.050: Table Oof Permitted Aand Conditional Uses Ffor Downtown Districts 57 21A.33.060: Table Oof Permitted Aand Conditional Uses Iin Tthe Gateway District 58 21A.33.070: Table Oof Permitted Aand Conditional Uses Ffor Special Purpose Districts 59 21A.33.080: Table Oof Permitted Aand Conditional Uses Iin Form Based Districts 60 61 21A.33.010: GENERAL PROVISIONS: 62 63 A. Permitted Uses: The uses specified as permitted uses in sSections 21A.33.020, 64 21A.33.030, 21A.33.035, 21A.33.040, 21A.33.050, 21A.33.060, 21A.33.070, and 65 21A.33.080 of this chapter, tables of permitted and conditional uses, are permitted 66 provided that they comply with the general standards set forth in pPart IV of this title and 67 all other applicable requirements of this title. 68 B. Conditional Uses: The uses specified as conditional uses in sSections 21A.33.020, 69 21A.33.030, 21A.33.035, 21A.33.040, 21A.33.050, 21A.33.060, 21A.33.070, and 70 21A.33.080 of this chapter, tables of permitted and conditional uses, shall be allowed 71 provided they are approved pursuant to the standards and procedures for conditional uses 72 set forth in cChapter 21A.54 of this title, and comply with all other applicable 73 requirements of this title. 74 C. Uses Not Permitted: Any use specifically listed without a "P" or a "C" designated in the 75 table of permitted and conditional uses for a district shall not be allowed in that zoning 76 district. 77 D. Prohibited Uses: The following land uses are prohibited in all zoning districts: 78 1. Commercial and Industrial Land Uses That Exceed 300,000 Gallons of Water per Day. 79 4 LEGISLATIVE DRAFT a. New Land Uses: Any new commercial or industrial land use that consumes or uses 80 more than an annual average of 300,000 gallons of potable water per day is prohibited 81 in all zoning districts. The use and consumption limit is based on the total use from all 82 water meters that serve the land use. 83 b. Expansions of Existing Uses: No commercial or industrial land use shall expand to an 84 extent that increases its daily potable water consumption or use to exceed an annual 85 average of 300,000 gallons of potable water per day. Notwithstanding the provisions 86 of Subsection 21A.38.040.H, an existing land use that exceeds the water use threshold 87 may not expand if the expansion will result in a net increase in water consumption or 88 use. The use and consumption limit is based on the total use from all water meters that 89 serve the land use. 90 c. Water Use Report Required: A land use applicant shall certify the anticipated daily 91 water use of the proposed land use in a manner satisfactory to the Department of 92 Public Utilities. The Department of Public Utilities may require an anticipated daily 93 water use report of any land use applicant proposing a new use or expansion of an 94 existing use. 95 d. Exemption: Agricultural, residential, and institutional land uses are not subject to the 96 regulations of this subsection. For purposes of this section, an institutional land use 97 includes government owned or operated facilities, places of worship, and hospitals. 98 2. Reserved. 99 100 101 102 5 LEGISLATIVE DRAFT 21A.33.020: TABLE OF PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS: 103 To view TABLE OF PERMITTED AND CONDITIONAL USES FOR RESIDENTIAL DISTRICTS in PDF, click HERE 104 Legend: C = Conditional P = Permitted 105 Use Permitted Aand Conditional Uses Bby District FR-1/ 43,560 FR-2/ 21,780 FR-3/ 12,000 R-1/ 12,000 R-1/ 7,000 R-1/ 5,000 SR-1 SR-2 SR-3 R-2 RMF- 30 MF-35 RMF- 45 RMF- 75 RB R-MU- 35 R-MU- 45 R-MU RO Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P P P P P P P P P P P P P P P P P Adaptive reuse of a landmark site C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 C8 P P P P P6 Alcohol, bar establishment (2,500 square feet or less in floor area) C9 C9 C9 C9 Alcohol, brewpub (2,500 square feet or less in floor area) C9 C9 C9 Alcohol, tavern (2,500 square feet or less in floor area) C9 Animal, veterinary office C C C P P6 Art gallery P P P P P Artisan food production (2,500 square feet or less in floor area) P3 P3 P3 P3 P 6 LEGISLATIVE DRAFT Bed and breakfast inn P P P P Bed and breakfast manor P Clinic (medical, dental) P P P P P6 Commercial food preparation P21 P21 P21 P21 P21 Community garden C C C C C C C C C P P P P P P P P P Community recreation center C Crematorium C C C Daycare center, adult C P P P P P P Daycare center, child C18 C1 8 C1 8 C18 C1 8 C1 8 C18 C18 C18 P P P P P P Daycare, nonregistered home daycare P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 Daycare, registered home daycare or preschool P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 P18 Dwelling, accessory guest and servant’s quarter P11 P11 P11 Dwelling, accessory unit C C C C C C P P P P P P P P P P P P Dwelling, assisted living facility (large) C P P C P P Dwelling, assisted living facility (limited capacity) C C C C C C C C C P P P P P P P P 7 LEGISLATIVE DRAFT Dwelling, assisted living facility (small) P P P P P P Dwelling, congregate care facility (large) C C C C C C C Dwelling, congregate care facility (small) C C C C C C C C C C P P P P P P P P Dwelling; dormitory, fraternity, sorority P12 Dwelling, group home (large) C C C C C1 4 C C C C1 4 Dwelling, group home (small) P P P P P P P P P P P P P P15 P P P P15 Dwelling, manufactured home P P P P P P P P P P P P P P P P P Dwelling, multi- family P P P P P P P P P Dwelling, residential support (large) C C C C C1 6 Dwelling, residential support (small) C C P C C P P17 Dwelling, rooming (boarding) house C P C C C P P Dwelling, single- family (attached) P P P P P P P P P P Dwelling, single- family (detached) P P P P P P P P P P P P P P P P P P 8 LEGISLATIVE DRAFT Dwelling, twin home and two- family P P P2 P P P P P P P Financial institution P P P P6 Funeral home P P P P Governmental facility C C C C C C C C C C C C C C C C C C6 Home occupation P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 P20 Laboratory, medical related P21 P21 P21 P21 P21 Library C C C C C Mixed use development P1 P P P P Mobile food business (operation on private property) P P P Municipal service use, including Ccity utility use and police and fire station C C C C C C C C C C C C C C C C C C Museum P C P P P Nursing care facility P P P P P Office, excluding medical and dental clinic and office P P P P P6 Open space on lots less than 4 acres in size P P P P P P P P P P P P P P P P P P Park P P P P P P P P P P P P P P P P P P Parking, off site (to support nonconforming uses in a C C C C C 9 LEGISLATIVE DRAFT residential zone or uses in the CN or CB Zzones) Parking, park and ride lot shared with existing use P P P P P P P P P P P P P P P Place of worship on lots less than 4 acres in size C C C C C C C C C C C C C C C C C C Reception center P P P Recreation (indoor) P P P P P Research and development facility P21 P21 Restaurant P P P P P Restaurant with drive- through facility Retail goods establishment P P P P Retail goods establishment, plant and garden shop with outdoor retail sales area P P P P Retail service establishment P P P P School, music conservatory P C C P School, professional and vocational P C C P P6 School, seminary and religious institute C C C C C C C C C C C C C C C C C C Seasonal farm stand P P P P P 10 LEGISLATIVE DRAFT Studio, art P P P P P Technology facility P21 P21 P21 P21 Temporary use of closed schools and churches C19 C19 C19 C19 C1 9 C1 9 C19 C1 9 C19 C19 C19 C19 C19 C19 Theater, live performance C1 3 C13 C13 C13 C1 3 Theater, movie C C C C C Urban farm P P P P P P P P P P P P P P P P P P Utility, building or structure P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5, 7 Utility, transmission wire, line, pipe or pole P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 Wireless telecommunications facility (see sSection 21A.40.090, tTable 21A.40.090.E of this title) Qualifying provisions: 106 1. A single apartment unit may be located above first floor retail/office. 107 2. Provided that no more than 2 two-family buildings are located adjacent to one another and no more than 3 such dwellings are located along the same block face (within 108 subdivisions approved after April 12, 1995). 109 3. Must contain retail component for on-site food sales. 110 4. Reserved. 111 5. See sSubsection 21A.02.050.B of this title for utility regulations. 112 6. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building’s footprint. Building additions greater than 50 percent of 113 the building’s footprint or new office building construction are subject to a design review. 114 7. Subject to conformance to the provisions in sSection 21A.02.050 of this title. 115 11 LEGISLATIVE DRAFT 8. Subject to conformance with the provisions of sSubsection 21A.24.010.S of this title. 116 9. Subject to conformance with the provisions in sSection 21A.36.300, “Alcohol Related Establishments”, of this title. 117 10. In the RB Zzoning Ddistrict, the total square footage, including patio space, shall not exceed 2,200 square feet in total. Total square footage will include a maximum 1,750 118 square feet of floor space within a business and a maximum of 450 square feet in an outdoor patio area. 119 11. Accessory guest or servant’s quarters must be located within the buildable area on the lot. 120 12. Subject to conformance with the provisions of sSection 21A.36.150 of this title. 121 13. Prohibited within 1,000 feet of a Ssingle- or Ttwo-Ffamily Zzoning Ddistrict. 122 14. Large group homes established in the RB and RO Ddistricts shall be located above the ground floor. 123 15. Small group homes established in the RB and RO Ddistricts shall be located above the ground floor. 124 16. Large residential support established in RO Ddistricts shall be located above the ground floor. 125 17. Small residential support established in RO Ddistricts shall be located above the ground floor. 126 18. Subject to sSection 21A.36.130 of this title. 127 19. Subject to sSection 21A.36.170 of this title. 128 20. Subject to sSection 21A.36.030 of this title. 129 21. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 130 12 LEGISLATIVE DRAFT 21A.33.030: TABLE OF PERMITTED AND CONDITIONAL USES FOR COMMERCIAL 131 DISTRICTS: 132 To view TABLE OF PERMITTED AND CONDITIONAL USES FOR COMMERCIAL DISTRICTS in PDF, click HERE 133 134 Legend: C = Conditional P = Permitted 135 Use Permitted Aand Conditional Uses Bby District CN CB CS1 CC CSHBD1 CG SNB Accessory use, except those that are specifically regulated elsewhere in this title P P P P P P P Adaptive reuse of a landmark site P P P P P P Alcohol: Bar establishment (2,500 square feet or less in floor area) C10,11 C10,11 P10 P10 P10 P10 Bar establishment (more than 2,500 square feet in floor area) P10 C10 P10 P10 Brewpub (2,500 square feet or less in floor area) C10,11 P10 P10 P10 P10 Brewpub (more than 2,500 square feet in floor area) P10 C10 P10 P10 Distillery P16, 23 Tavern (2,500 square feet or less in floor area) C10,11 P10 P10 P10 P10 Tavern (more than 2,500 square feet in floor area) P10 C10 P10 P10 Ambulance service (indoor) P P P P Ambulance service (outdoor) P6 P6 P6 P Amusement park P P Animal: Cremation service P P Kennel P Pet cemetery P4 Veterinary office C P P P P P Antenna, communication tower P P P P P 13 LEGISLATIVE DRAFT Antenna, communication tower, exceeding the maximum building height in the zone C C C C C Art gallery P P P P P P P Artisan food production (2,500 square feet or less in floor area) P20 P20 P P P20 P Artisan food production (more than 2,500 square feet in floor area) P23 P23 P23 Auction (outdoor) P P Auditorium P P P P Bakery, commercial P23 Bed and breakfast P P P P P P P14 Bed and breakfast inn P P P P P P Bed and breakfast manor C3 C3 P P P Bio-medical facility P22, 23 P22, 23 P22, 23 P22, 23 Blacksmith shop P23 Blood donation center C P Brewery P23 Bus line station/terminal P P Bus line yard and repair facility P Car wash P P P Car wash as accessory use to gas station or convenience store that sells gas P P P P Check cashing/payday loan business P8 P8 Clinic (medical, dental) P P P P P P Commercial food preparation P23 P23 P23 P23 P23 P23 Community correctional facility, large Community correctional facility, small C7,17 Community garden P P P P P P P Contractor’s yard/office C P 14 LEGISLATIVE DRAFT Crematorium C C C C Daycare center, adult P P P P P P Daycare center, child P P P P P P Daycare, nonregistered home daycare or preschool P18 P18 P18 P18 P18 P18 P18 Daycare, registered home daycare or preschool P18 P18 P18 P18 P18 P18 P18 Dwelling: Assisted living facility (large) P P P P Assisted living facility (small) P P P P Congregate care facility (large) C C C C Congregate care facility (small) P Group home (large) P C C Group home (small) when located above or below first story office, retail, or commercial use, or on the first story where the unit is not located adjacent to street frontage P P P P P P P Living quarter for caretaker or security guard P P P P P P Manufactured home P Multi-family P P P P P P Residential support (large) C C Residential support (small) C C Rooming (boarding) house P P P P P Single-family attached P Single-family detached P Single room occupancy Twin home P Two-family P Equipment rental (indoor and/or outdoor) P P Farmers’ market C C P P 15 LEGISLATIVE DRAFT Financial institution P P P P P P Financial institution with drive-through facility P9 P9 P9 P9 P9 Flea market (indoor) P P P P Flea market (outdoor) P Funeral home P P P P Gas station C P P P P Government facility C C C C C C Government facility requiring special design features for security purposes P P P P P P Home occupation P19 P19 P19 P19 P19 P19 P19 Homeless resource center C21 Homeless shelter C21 Hotel/motel C P P P House museum in landmark sites (see sSubsection 21A.24.010.S of this title) C Impound lot C12 Industrial assembly P23 Intermodal transit passenger hub P Laboratory, medical related P23 P23 P23 P23 P23 Large wind energy system P P P Laundry, commercial P23 Library P P P P P P C Limousine service (large) P Limousine service (small) C C P Manufactured/mobile home sales and service P Mixed use development P P P P P P P13 Mobile food business (operation on private property) P P P P P P 16 LEGISLATIVE DRAFT Municipal service uses, including Ccity utility uses and police and fire stations C C C C C C Museum P P P P P P P Nursing care facility P P P Office P P P P P P P15 Office, single practitioner medical, dental, and health P Offices and reception centers in landmark sites (see sSubsection 21A.24.010.S of this title) C Open space P P P P P P Open space on lots less than 4 acres in size P Park P P P P P P P Parking: Commercial C P P Off site C P P P P P Park and ride lot C C P P Park and ride lot shared with existing use P P P P P Place of worship on lot less than 4 acres in size P P P P P P C Radio, television station P P P P Reception center P P P P P Recreation (indoor) P P P P P P P Recreation (outdoor) C C P Recreational vehicle park (minimum 1 acre) C Recycling collection station P P P P P P Research and development facility P23 P23 P23 P23 Restaurant P P P P P P Restaurant with drive-through facility P9 P9 P9 P9 P9 Retail goods establishment P P P P P P P Plant and garden shop with outdoor retail sales area P P P P P P P 17 LEGISLATIVE DRAFT With drive-through facility P9 P9 P9 P9 P9 Retail service establishment P P P P P P P Furniture repair shop C P P P P P With drive-through facility P9 P9 P9 P9 P9 Reverse vending machine P P P P P P Sales and display (outdoor) P P P P P P School: College or university P P P P P Music conservatory P P P P P Professional and vocational P P P P P Seminary and religious institute P P P P P C Seasonal farm stand P P P P P P Sexually oriented business P5 Sign painting/fabrication P Small brewery C23 P23 Solar array P23 Storage (outdoor) C P Storage, public (outdoor) C P Storage, self P P Store: Department P P Mass merchandising P P P Pawnshop P Specialty P P P P Superstore and hypermarket P P Warehouse club P Studio, art P P P P P P P 18 LEGISLATIVE DRAFT Studio, motion picture P Taxicab facility P Technology facility P23 P23 P23 P23 Theater, live performance P12 P12 P12 P12 P12 Theater, movie C P P P P Urban farm P P P P P P Utility, building or structure P2 P2 P2 P2 P2 P2 P2 Utility, transmission wire, line, pipe, or pole P2 P2 P2 P2 P2 P2 P2 Vehicle: Auction P Automobile repair (major) P P Automobile repair (minor) C P P P P P Automobile sales/rental and service P P Automobile salvage and recycling (indoor) P23 Boat/recreational vehicle sales and service P P Truck repair (large) P Truck sales and rental (large) P P Vending cart, private property P Warehouse P23 P23 Welding shop P Wholesale distribution P23 P23 Wireless telecommunications facility (see sSection 21A.40.090, tTable 21A.40.090.E of this title) C Woodworking mill P23 136 Qualifying provisions: 137 1. Development in the CS Ddistrict shall be subject to planned development approval pursuant to the provisions 138 of cChapter 21A.55 of this title. Certain developments in the CSHBD Zzone shall be subject to the design review 139 process pursuant to the provisions of sSubsection 21A.26.060.D and cChapter 21A.59 of this title. 140 19 LEGISLATIVE DRAFT 2. Subject to conformance to the provisions in sSubsection 21A.02.050.B of this title for utility regulations. 141 3. When located in a building listed on the Salt Lake City rRegister of cCultural rResources (see 142 sSubsections 21A.264.010.S and 21A.26.010.K of this title). 143 4. Subject to Salt Lake Valley Health Department approval. 144 5. Pursuant to the requirements set forth in sSection 21A.36.140 of this title. 145 6. Greater than 3 ambulances at location require a conditional use. 146 7. A community correctional facility is considered an institutional use and any such facility located within an the 147 AFPP Airport Noise Flight Path Protection Overlay Zone District is subject to the land use and sound attenuation 148 standards for institutional uses of the applicable Airport Overlay influence Zzone within chapter Section 149 21A.34.040 of this title. 150 8. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan 151 businesses. 152 9. Subject to conformance to the provisions in sSection 21A.40.060 of this title for drive-through use regulations. 153 10. Subject to conformance with the provisions in sSection 21A.36.300, “Alcohol Related Establishments”, of this 154 title. 155 11. In CN and CB Zzoning Ddistricts, the total square footage, including patio space, shall not exceed 2,200 square 156 feet in total. Total square footage will include a maximum 1,750 square feet of floor space within a business and a 157 maximum of 450 square feet in an outdoor patio area. 158 12. Prohibited within 1,000 feet of a Ssingle- or Ttwo-Ffamily Zzoning Ddistrict. 159 13. Residential units may be located above or below first floor retail/office. 160 14. In the SNB Zzoning Ddistrict, bed and breakfast use is only allowed in a landmark site. 161 15. Medical and dental offices are not allowed in the SNB Zzoning Ddistrict, except for single practitioner medical, 162 dental and health offices. 163 16. Permitted in the CG Zzoning Ddistrict only when associated with an on site food service establishment. 164 17. Prohibited within 1/2 mile of any Rresidential Zzoning Ddistrict boundary and subject to sSection 21A.36.110 of 165 this title. 166 18. Subject to sSection 21A.36.130 of this title. 167 19. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to 168 sSection 21A.36.030 of this title. 169 20. Must contain retail component for on-site food sales. 170 21. Subject to conformance with the provisions of sSection 21A.36.350 of this title, the Ccity may not prohibit 171 construction of a homeless resource center or homeless shelter if the site is approved by and receives funding 172 through the State Homeless Coordinating Committee, with the concurrence of the Housing and Community 173 Development Division within the Department of Workforce Services, in accordance with sSection 35A-8-604 of 174 the Utah Code. 175 22. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by 176 the Utah Department of Environmental Quality administrative rules. 177 20 LEGISLATIVE DRAFT 23. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 178 179 180 21A.33.035: TABLE OF PERMITTED AND CONDITIONAL USES FOR TRANSIT STATION AREA 181 DISTRICTS: 182 To view TABLE OF PERMITTED AND CONDITIONAL USES FOR TRANSIT STATION AREA DISTRICTS in PDF, 183 click HERE 184 Legend: C = Conditional P = Permitted 185 186 Use Permitted Aand Conditional Uses Bby District TSA-UC TSA-UN TSA-MUEC TSA-SP Core Transition Core Transition Core Transition Core Transition Accessory use, except those that are specifically regulated elsewhere in this title P P P P P P P P Adaptive reuse of a landmark site P P P P P P P P Agricultural use P P P P P P P P Alcohol: Bar establishment (2,500 square feet or less in floor area) P P P P P P P P Bar establishment (more than 2,500 square feet in floor area) P C P C P C P C Brewpub (2,500 square feet or less in floor area) P P P P P P P P Brewpub (more than 2,500 square feet in floor area) P C P C P C P C Distillery P12 C12 P12 C12 P12 P12 P12 C12 Tavern (2,500 square feet or less in floor area) P P P P P P P P Tavern (more than 2,500 square feet in floor area) P C P C P C P C Winery P12 C12 P12 C12 P12 P12 P12 P12 Amphitheater, formal C C 21 LEGISLATIVE DRAFT Amphitheater, informal C C Amusement park C C Animal: Cremation service P P P P P P P P Kennel P P P P Pet cemetery1 P1 P1 P1 P1 Stable, public P P Veterinary office P P P P P P P P Antenna, communication tower P P P P P P P P Antenna, communication tower, exceeding the maximum building height in the zone C C C C C C C C Art gallery P P P P P P P P Artisan food production P12 P12 P12 P12 P12 P12 P12 P12 Auction (indoor) P P P P Auditorium P P Bakery, commercial P12 P12 P12 P12 P12 P12 Bed and breakfast P P P P P P P P Bed and breakfast inn P P P P P P P P Bed and breakfast manor P P P P P P P P Bio-medical facility P11,12 P11,12 P11,12 P11,12 Blood donation center P P P P P P P P Botanical garden P P P P P P P P Brewery C12 C12 C12 C12 P12 P12 P12 P12 Car wash P P Car wash as accessory use to gas station or convenience store that sells gas P P 22 LEGISLATIVE DRAFT Clinic (medical, dental) P P P P P P P P Commercial food preparation P12 P12 P12 P12 P12 P12 Community correctional facility, small2,8 C2,8 Community garden P P P P P P P P Convent/monastery P P P P P P P P Convention center C C Crematorium P P P P P P Daycare center, adult P P P P P P P P Daycare center, child P P P P P P P P Daycare, nonregistered home daycare or preschool P6 P6 P6 P6 P6 P6 P6 P6 Daycare, registered home daycare or preschool P6 P6 P6 P6 P6 P6 P6 P6 Dwelling: Artists’ loft/studio P P P P P P P P Assisted living facility (large) P P P P P P P P Assisted living facility (small) P P P P P P P P Congregate care facility (large) C C C C C C C C Congregate care facility (small) P P P P P P P P Group home (large) P P P P P P P P Group home (small) P P P P P P P P Living quarter for caretaker or security guard P P P P P P P P Manufactured home P P P P P P P P Multi-family P P P P P P P P Residential support (large) P P P P P P P P 23 LEGISLATIVE DRAFT Residential support (small) P P P P P P P P Rooming (boarding) house P P P P P P P P Single-family attached P P P P P P P P Single-family detached P P P P Single room occupancy P P P P P P P P Twin home P P P P P P P P Two-family P P P P P P P P Exhibition hall C C Farmers’ market P P P P P P P P Financial institution P P P P P P P P Financial institution with drive-through facility P P Flea market (indoor) P P P P P P P P Flea market (outdoor) P P Food processing P12 P12 P12 P12 Funeral home P P P P P P P P Gas station P P Government facility P P P P P P P P Government facility requiring special design features for security purposes P P P P P P P P Grain elevator P P P P Greenhouse P P P P P P P P Home occupation P7 P7 P7 P7 P7 P7 P7 P7 Hospital, including accessory lodging facility P P P P P P P P Hotel/motel P P P P P P P P House museum in landmark sites (see P P P P P P P P 24 LEGISLATIVE DRAFT sSubsection 21A.24.010.S of this title) Industrial assembly P12 P12 P12 P12 Laboratory, medical related P12 P12 P12 P12 P12 P12 P12 P12 Laundry, commercial P12 P12 Library P P P P P P P P Light manufacturing P12 P12 P12 P12 Meeting hall of membership organization P P P P P P P P Mixed use development P P P P P P P P Mobile food business (operating on private property) P P P P P P P P Mobile food business (operation in public right- of- way) P P P P P P P P Mobile food court P P P P P P Municipal service uses, including Ccity utility uses and police and fire stations P P P P P P P P Museum P P P P P P P P Nursing care facility P P P P P P P P Office P P P P P P P P Office, publishing company P P P P P P P P Office, single practitioner medical, dental, and health P P P P P P P P Offices and reception centers in landmark sites (see sSubsection 21A.24.010.S of this title) P P P P P P P P Open space P P P P P P P P Park P P P P P P P P Parking: 25 LEGISLATIVE DRAFT Commercial (if located in a parking structure) P P P P P P P Commercial (surface lot)3 P3 P3 Off site3 P3 P3 P3 P3 P3 P3 P7 P3 Park and ride lot3 P3 P3 Park and ride lot shared with existing use P P Performing arts production facility P P P P P P P P Philanthropic use P P P P P P P P Photo finishing lab P12 P12 P12 P12 P12 P12 P12 P12 Place of worship P P P P P P P P Printing plant P12 P12 P12 P12 P12 Radio, television station P P P P P P Railroad passenger station P P P P P P P P Reception center P P P P P P P P Recreation (indoor) P P P P P P P P Recreation (outdoor) P P P P P P P P Recycling collection station P P P P P P P P Research and development facility P12 P12 P12 P12 P12 P12 P12 P12 Restaurant P P P P P P P P Restaurant with drive- through facility9 C10 Retail goods establishment P P P P P P P P Plant and garden shop with outdoor retail sales area P P P P P P P P With drive-through facility Retail service establishment P P P P P P P P Furniture repair shop P P P P P P P P 26 LEGISLATIVE DRAFT Sales and display (outdoor) P P P P P P P P School: College or university P P P P P P P P Music conservatory P P P P P P P P Professional and vocational P P P P P P P P Seminary and religious institute P P P P P P P P Seasonal farm stand P P P P P P P P Small brewery P12 C12 P12 C12 P12 P12 P12 P12 Social service mission and charity dining hall C C C C P P P P Solar array P12 P12 P12 P12 Stadium C C C C C C Storage, self P P P P Store: Convenience P P P P P P P P Department P P P P P P P P Mass merchandising P P P P P P P P Specialty P P P P P P P P Superstore and hypermarket P P Warehouse club P P Studio, art P P P P P P P P Studio, motion picture P P P P Technology facility P12 P12 P12 P12 P12 P12 P12 P12 Theater, live performance4 P4 C4 P4 C4 P4 P4 P4 P4 Theater, movie P P P P P P Urban farm P P P P P P P P 27 LEGISLATIVE DRAFT Utility, building or structure5 P5 P5 P5 P5 P5 P5 P5 P5 Utility, transmission wire, line, pipe, or pole5 P5 P5 P5 P5 P5 P5 P5 P5 Vehicle: Automobile repair (minor) P P Vending cart, private property P P P P P P P P Warehouse P12 P12 Wholesale distribution P12 Wireless telecommunications facility (see sSection 21A.40.090 of this title) P P P P P P P P Wireless telecommunications facility, exceeding the maximum building height of the zone (see sSection 21A.40.090 of this title) C C C C C C C C Woodworking mill P12 P12 P12 Zoological park C C 187 Qualifying provisions for specific land uses: 188 1. Subject to Salt Lake Valley Health Department approval. 189 2. A community correctional facility is considered an institutional use and any such facility located within an the 190 AFPP Airport Noise Flight Path Protection Overlay Zone District is subject to the land use and sound attenuation 191 standards for institutional uses of the applicable Airport Overlay influence Zzone within chapter Section 192 21A.34.040 of this title. 193 3. Surface parking lots as a principal use located on a lot that has frontage on a public street are prohibited. 194 4. Prohibited within 1,000 feet of a Ssingle- or Ttwo-Ffamily Zzoning Ddistrict. 195 5. Subject to conformance to the provisions in sSubsection 21A.02.050.B of this title for utility regulations. 196 6. Subject to sSection 21A.36.130 of this title. 197 7. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to 198 sSection 21A.36.030 of this title. 199 8. Subject to sSection 21A.36.110 of this title. 200 28 LEGISLATIVE DRAFT 9. Drive-through windows are prohibited on any public street facing facade and automobile stacking is prohibited 201 between public street facing facades and the adjacent public right-of-way. 202 10. Subject to conformance with the provisions in sSection 21A.40.060 for drive-through use regulations. 203 11. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by 204 the Utah Department of Environmental Quality administrative rules. 205 12. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 206 207 21A.33.040: TABLE OF PERMITTED AND CONDITIONAL USES FOR MANUFACTURING 208 DISTRICTS: 209 To view TABLE OF PERMITTED AND CONDITIONAL USES FOR MANUFACTURING DISTRICTS in PDF, 210 click HERE. 211 Legend: C = Conditional P = Permitted 212 Use Permitted Aand Conditional Uses Bby District M-1 M-2 Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P Adaptive reuse of a landmark site C C7 Agricultural use P P Alcohol: Bar establishment C6,10 C6,10 Brewpub P6,10 P6,10 Distillery P19 P19 Tavern C6,10 C6,10 Winery P19 P19 Ambulance services (indoor and/or outdoor) P P Animal: Cremation service P P Kennel P13 P Pet cemetery P2 P2 Pound P12,13 P12 Raising of furbearing animals C P Stockyard C12 P12 Veterinary office P P Antenna, communication tower P P Antenna, communication tower, exceeding the maximum building height C C 29 LEGISLATIVE DRAFT Artisan food production P19 P19 Bakery, commercial P19 P19 Bio-medical facility P18,19 P18,19 Blacksmith shop P19 P19 Bottling plant P19,20 P19,20 Brewery P19 P19 Building materials distribution P P Bus line station/terminal P P Bus line yard and repair facility P12 P Cannabis production establishment P P Check cashing/payday loan business P9 Chemical manufacturing and/or storage C19 Commercial food preparation P19 P19 Community correctional facility, large C8,16 Community correctional facility, small C8,16 Community garden P Concrete and/or asphalt manufacturing C12,13,19 P12,19 Contractor’s yard/office P P Crematorium P P Data center P19 Daycare center, adult P Daycare center, child P Drop forge industry P19 Dwelling, living quarters for caretaker or security guard, limited to uses on lots 1 acre in size or larger and is accessory to a principal use allowed by the zoning district P P Equipment, heavy (rental, sales, service) P P Equipment rental (indoor and/or outdoor) P P Explosive manufacturing and storage C12,19 Financial institution with or without drive-through facility P11 Flammable liquids or gases, heating fuel distribution and storage P12 Food processing P19 P19 Gas station P P Golf course P19 Government facility P P Government facility requiring special design features for security purposes P P Grain elevator C12 P 30 LEGISLATIVE DRAFT Greenhouse P Heavy manufacturing P12,19 Home occupation P15 P15 Hotel/motel P Impound lot P12 P12 Incinerator, medical waste/hazardous waste C12,19 Industrial assembly P19 P19 Laboratory, medical related P19 P19 Large wind energy system P13,14 P Laundry, commercial P19 P19 Light manufacturing P19 P19 Limousine service P P Mobile food business (operation in the public right- of-way) P P Mobile food business (operation on private property) P P Mobile food court P P Municipal services uses including Ccity utility uses and police and fire stations P Office P Office, publishing company P Open space P P Package delivery facility P P Paint manufacturing P19 Park P P Parking: Commercial P Off site P P Park and ride lot P P Park and ride lot shared with existing use P P Photo finishing lab P19 P19 Poultry farm or processing plant P12,19 Printing plant P19 Radio, television station P Railroad, freight terminal facility C4 C4 Railroad, repair shop C19 P19 Recreation (indoor) P Recreation (outdoor) P 31 LEGISLATIVE DRAFT Recycling: Collection station P P Processing center (indoor) P19 P19 Processing center (outdoor) C12,13,14,19 P12,19 Refinery, petroleum products C12,19 Restaurant with or without drive-through facilities P11 Research and development facility P19 P19 Retail goods establishment with or without drive- through facility P11 Retail service establishment: Electronic repair shop P Furniture repair shop P P Upholstery shop P Rock, sand and gravel storage and distribution C P School: Professional and vocational (with outdoor activities) P Professional and vocational (without outdoor activities) P Seminary and religious institute P Seasonal farm stand P P Sexually oriented business P5 P5 Sign painting/fabrication P P Slaughterhouse P12 Small brewery P19 P19 Solar array P17,19 P19 Storage and display (outdoor) P P Storage, public (outdoor) P P Storage, self P P Store, convenience P P Studio, motion picture P Taxicab facility P P Technology facility P19 Tire distribution retail/wholesale P P Truck freight terminal P12 P12 Urban farm P P Utility: Building or structure P P 32 LEGISLATIVE DRAFT Electric generation facility C3,12,19 C3,12,19 Sewage treatment plant C P Solid waste transfer station C12 P12 Transmission wire, line, pipe or pole P1 P1 Vehicle: Auction P P Automobile and truck repair P P Automobile and truck sales and rental (including large truck) P P Automobile part sales P P Automobile salvage and recycling (indoor) P19 P19 Automobile salvage and recycling (outdoor) C 12,13,14,19 P12,19 Recreational vehicle (RV) sales and service P P Truck repair (large) P P Vending cart, private property P P Warehouse P19 P19 Welding shop P19 P19 Wholesale distribution P19 P19 Wireless telecommunications facility (see Section 21A.40.090, Table 21A.40.090.E. of this title) Woodworking mill P19 P19 213 Qualifying provisions: 214 1. See Subsection 21A.02.050.B of this title for utility regulations. 215 2. Subject to Salt Lake Valley Health Department approval. 216 3. Electric generating facilities shall be located within 2,640 feet of an existing 138 kV or larger electric power 217 transmission line. 218 4. No railroad freight terminal facility shall be located within 1 mile of a Rresidential Zzoning Ddistrict. 219 5. Pursuant to the requirements set forth in Section 21A.36.140 of this title. 220 6. If a place of worship is proposed to be located within 600 feet of a tavern, bar establishment, or brewpub, the 221 place of worship must submit a written waiver of spacing requirement as a condition of approval. 222 7. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building’s 223 footprint. Building additions greater than 50 percent of the building’s footprint or new office building 224 construction are subject to a design review. 225 8. A community correctional facility is considered an institutional use and any such facility located within an the 226 AFPP Airport Noise Flight Path Protection Overlay Zone District is subject to the land use and sound attenuation 227 standards for institutional uses of the applicable Airport Overlay influence Zzone within chapter Section 228 21A.34.040 of this title. 229 33 LEGISLATIVE DRAFT 9. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan 230 businesses. 231 10. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related Establishments”, of this 232 title. 233 11. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive- through use regulations. 234 12. Prohibited within 1,000 feet of a Ssingle- or Ttwo-Ffamily Zzoning Ddistrict. 235 13. Prohibited within the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay District. 236 14. Prohibited within the Development Area of the Northwest Quadrant Overlay District. 237 15. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to 238 Section 21A.36.030 of this title. 239 16. Prohibited within 1/2 mile of any Rresidential Zzoning Ddistrict boundary and subject to Section 21A.36.110 of 240 this title. 241 17. Prior to issuance of a building permit in the Development Area and the Eco-Industrial Buffer Area of the 242 Northwest Quadrant Overlay, consultation with the Utah Division of Wildlife Resources is required to obtain 243 recommendations on siting and equipment types for all solar arrays on a particular property to mitigate impacts to 244 wildlife. 245 18. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by 246 the Utah Department of Environmental Quality administrative rules. 247 19. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 248 20. Prohibited in the IP Inland Port Overlay District. See Subsection 21A.34.150.B.2.f. 249 250 251 21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS: 252 To view TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN DISTRICTS in PDF, click HERE 253 Legend: C = Conditional P = Permitted 254 Use Permitted Aand Conditional Uses Bby District D-1 D-2 D-3 D-4 Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P P P Adaptive reuse of a landmark site P P P P4 Alcohol: Bar establishment (indoor) P6 C6 C6 P6 Bar establishment (outdoor) P6 C6 C6 P6 Brewpub (indoor) P6 P6 P6 P6 34 LEGISLATIVE DRAFT Brewpub (outdoor) P6 P6 P6 P6 Tavern (indoor) P6 C6 C6 P6 Tavern (outdoor) P6 C6 C6 P6 Animal, veterinary office P P Antenna, communication tower P P P P Antenna, communication tower, exceeding the maximum building height C C C C Art gallery P P P P Artisan food production P 14,18 P18 P18 P18 Bed and breakfast P P P P Bed and breakfast inn P P P P Bed and breakfast manor P P P P Bio-medical facility P17,18 P17,18 P17,18 P17,18 Blood donation center P Bus line station/terminal P7 P7 P7 P7 Bus line yard and repair facility P Car wash P3 Check cashing/payday loan business P5 Clinic (medical, dental) P P P P Commercial food preparation P18 P18 P18 P18 Community garden P P P P Convention center P Crematorium P P P Daycare center, adult P P P P Daycare center, child P P P P Daycare, nonregistered home daycare P 12 P 12 P 12 P 12 Daycare, registered home daycare or preschool P 12 P 12 P 12 P 12 Dwelling: Artists’ loft/studio P P P P Assisted living facility (large) P P P P Assisted living facility (limited capacity) P P P Assisted living facility (small) P P P P Congregate care facility (large) C C C C Congregate care facility (small) P P P P Group home (large) C C Group home (small) P P P P 35 LEGISLATIVE DRAFT Multi-family P P P P Residential support (large) C C Residential support (small) C C Exhibition hall P Farmers’ market P Financial institution P P P P Financial institution with drive-through facility P8 P8 Funeral home P P P Gas station P P7 P7 Government facility C C C C Government facility requiring special design features for security purposes P7 P7 Heliport, accessory C C C Home occupation P 13 P 13 P 13 P 13 Homeless resource center C 15 C 15 Homeless shelter C 15 C 15 Hotel/motel P P P P Industrial assembly C18 C18 Laboratory, medical related P18 P18 P18 P18 Laundry, commercial P18 Library P P P P Limousine service P Mixed use development P P P P Mobile food business (operation in the public right-of-way) P P P P Mobile food business (operation on private property) P P P P Mobile food court P P P P Municipal services uses including Ccity utility uses and police and fire stations P P P P Museum P P P P Office P P P P Office, publishing company P P P P Open space on lots less than 4 acres in size P7 P7 P7 P7 Park P P P P Parking, commercial C P C C Parking, off site P P P P Performing arts production facility P P P P 36 LEGISLATIVE DRAFT Place of worship P11 P11 P11 P11 Radio, television station P P P Railroad, passenger station P P P P Reception center P P P P Recreation (indoor) P P P P Recreation (outdoor) P Research and development facility P18 P18 P18 P18 Restaurant P P P P Restaurant with drive-through facility P8 Retail goods establishment P P P P Retail service establishment P P P P Retail service establishment, upholstery shop P P Sales and display (outdoor) P P P P School: College or university P P P P K - 12 private P P K - 12 public P P Music conservatory P P P P Professional and vocational P P P P Seminary and religious institute P P P P Small brewery C18 Social service mission and charity dining hall C C Stadium C C C Storage, self P 16 P P Store: Department P P P Fashion oriented department P2 Mass merchandising P P P Pawnshop P Specialty P P P Superstore and hypermarket P Studio, art P P P P Technology facility P18 P18 P18 P18 Theater, live performance P9 P9 P9 P9 Theater, movie P P P P 37 LEGISLATIVE DRAFT Utility, buildings or structure P1 P1 P1 P1 Utility, transmission wire, line, pipe or pole P1 P1 P1 P1 Vehicle: Automobile repair (major) P P7 P7 Automobile repair (minor) P P7 P7 Automobile sales/rental and service P10 P P10 Vending cart, private property P P P P Vending cart, public property Warehouse P18 Warehouse, accessory P P Wholesale distribution P18 Wireless telecommunications facility (see sSection 21A.40.090, tTable 21A.40.090.E of this title) 255 Qualifying provisions: 256 1. Subject to conformance to the provisions in sSubsection 21A.02.050.B of this title. 257 2. Uses allowed only within the boundaries and subject to the provisions of the Downtown Main Street Core 258 Overlay District (sSection 21A.34.110 of this title). 259 3. A car wash located within 165 feet (including streets) of a residential use shall not be allowed. 260 4. Building additions on lots less than 20,000 square feet for office uses may not exceed 50 percent of the building’s 261 footprint. Building additions greater than 50 percent of the building’s footprint or new office building 262 construction are subject to a design review (cChapter 21A.59 of this title). 263 5. No check cashing/payday loan business shall be located closer than 1/2 mile of other check cashing/payday loan 264 businesses. 265 6. Subject to conformance with the provisions in sSection 21A.36.300, “Alcohol Related Establishments”, of this 266 title. 267 7. Subject to conformance with the provisions of cChapter 21A.59, “Design Review”, of this title. 268 8. Subject to conformance to the provisions in sSection 21A.40.060 of this title for drive-through use regulations. 269 9. Prohibited within 1,000 feet of a Ssingle- or Ttwo-Ffamily Zzoning Ddistrict. 270 10. Must be located in a fully enclosed building and entirely indoors. 271 11. If a place of worship is proposed to be located within 600 feet of a tavern, bar establishment, or brewpub, the 272 place of worship must submit a written waiver of spacing requirement as a condition of approval. 273 12. Subject to sSection 21A.36.130 of this title. 274 13. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to 275 sSection 21A.36.030 of this title. 276 14. Must contain retail component for on-site food sales. 277 38 LEGISLATIVE DRAFT 15. Subject to conformance with the provisions of sSection 21A.36.350 of this title, the Ccity may not prohibit 278 construction of a homeless resource center or homeless shelter if the site is approved by and receives funding 279 through the State Homeless Coordinating Committee, with the concurrence of the Housing and Community 280 Development Division within the Department of Workforce Services, in accordance with sSection 35A-8-604 of 281 the Utah Code. 282 16. Limited to basement/below ground levels only. Not allowed on the ground or upper levels of the building, with 283 the exception of associated public leasing/office space. 284 17. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by 285 the Utah Department of Environmental Quality administrative rules. 286 18. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 287 288 21A.33.060: TABLE OF PERMITTED AND CONDITIONAL USES IN THE GATEWAY DISTRICT: 289 To view TABLE OF PERMITTED AND CONDITIONAL USES IN THE GATEWAY DISTRICT in PDF, click HERE. 290 Legend: C = Conditional P = Permitted 291 Use G-MU Accessory use, except those that are otherwise specifically regulated elsewhere in this title P Adaptive reuse of a landmark site P Alcohol: Bar establishment (indoor) P2 Bar establishment (outdoor) P2,5 Brewpub (indoor) P2 Brewpub (outdoor) P2,5 Tavern (indoor) P2 Tavern (outdoor) P2,5 Ambulance service (indoor) C Amphitheater, formal P Amphitheater, informal P Animal, veterinary office P Antenna, communication tower P Antenna, communication towers, exceeding the maximum building height C Art gallery P Artisan food production P9 Artists’ loft/studio P Auction (indoor) P Auditorium P 39 LEGISLATIVE DRAFT Bed and breakfast P Bed and breakfast inn P Bed and breakfast manor P Bio-medical facility P8,9 Botanical garden P Bus line station/terminal P3 Clinic (medical, dental) P Commercial food preparation P9 Community garden P Crematorium P Daycare center, adult P Daycare center, child P Daycare, nonregistered home daycare P 6 Daycare, registered home daycare or preschool P 6 Dwelling: Assisted living facility (large) P Assisted living facility (limited capacity) P Assisted living facility (small) P Congregate care facility (large) C Congregate care facility (small) P Group home (large) C Group home (small) when located above or below first story office, retail or commercial use, or on the first story where the unit is not located adjacent to the street frontage P Living quarters for caretaker or security guard P Multi-family P Residential support (large) C Residential support (small) C Single-family (attached) P Equipment rental (indoor and/outdoor) P Farmers’ market P Financial institution P Flea market (indoor) P Funeral home P Government facility C Government facility requiring special design features for security purposes P3 40 LEGISLATIVE DRAFT Heliport, accessory C Home occupation P 7 Hotel/motel P Industrial assembly C9 Laboratory, medical related P9 Large wind energy system P Library P Mixed use development P Mobile food business (operation in the public right-of-way) P Mobile food business (operation on private property) P Mobile food court P Municipal services uses including Ccity utility uses and police and fire stations P Museum P Office P Open space P Park P Parking: Commercial C Off site P Park and ride lot C Park and ride lot shared with existing use P Performing arts production facility P Photo finishing lab P9 Place of worship P Radio, television station C Reception center P Recreation (indoor) P Recreation (outdoor) C Research and development facility P9 Restaurant P Retail goods establishment P Retail goods establishment, plant and garden shop, with outdoor retail sales area P Retail service establishment P Retail service establishment, upholstery shop C School: 41 LEGISLATIVE DRAFT College and university P K - 12 private P K - 12 public P Music conservatory P Professional and vocational P Seminary and religious institute P Seasonal farm stand P Small brewery C9 Social service mission and charity dining hall C Solar array P9 Stadium C Storage, self P3 Store: Department P Mass merchandising P Specialty P Superstore and hypermarket P Studio, art P Studio, motion picture C Technology facility P9 Theater, live performance P4 Theater, movie P Urban farm P Utility, building or structure P1 Utility, transmission wire, line, pipe or pole C Vehicle: Automobile repair (minor) P Automobile sales/rental and service (indoor) P Boat/recreational vehicle sales and service (indoor) P Vending cart, private property P Vending cart, public property P Wireless telecommunications facility (see sSection 21A.40.090, tTable 21A.40.090.E of this title) Zoological park C 292 Qualifying provisions: 293 42 LEGISLATIVE DRAFT 1. Subject to conformance to the provisions in sSubsection 21A.02.050.B of this title. 294 2. Subject to conformance with the provisions of sSection 21A.36.300, ”Alcohol Related Establishments”, of this 295 title. 296 3. Subject to conformance with the provisions of cChapter 21A.59, “Design Review”, of this title. 297 4. Prohibited within 1,000 feet of a Ssingle- or Ttwo-Ffamily Zzoning Ddistrict. 298 5. Subject to the requirements set forth in sSection 21A.40.065, “Outdoor Dining”, of this title. 299 6. Subject to sSection 21A.36.130 of this title. 300 7. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to 301 sSection 21A.36.030 of this title. 302 8. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by 303 the Utah Department of Environmental Quality administrative rules. 304 9. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 305 No conditional use permit shall be granted for any property which abuts a Rresidential Zzoning Ddistrict, except for 306 places of worship, public/private utilities and related facilities, residential facilities for persons with a disability and 307 educational facilities. 308 43 LEGISLATIVE DRAFT 21A.33.070: TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS: 309 To view TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS in PDF, click HERE 310 Legend: C = Conditional P = Permitted 311 Use Permitted Aand Conditional Uses Bby District RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Accessory use, except those that are otherwise specifically regulated elsewhere in this title P P P P P P P P 20 P P P P P P P P Adaptive reuse of a landmark site C2 C2 C2 P2 Agricultural use C P P P P P P Air cargo terminals and package delivery facility P P Airport P Alcohol: Bar establishment (2,500 square feet or less in floor area) C12 Brewpub (2,500 square feet or less in floor area) P12 C12 Brewpub (more than 2,500 square feet in floor area) P12 Tavern (2,500 square feet or less in floor area) C12 Ambulance service (indoor) P P Ambulance service (outdoor) P10 P10 Amphitheater, formal P C Amphitheater, informal P P 44 LEGISLATIVE DRAFT Animal: Kennel on lots of 5 acres or larger C P8 P8 P8 P8 Pet cemetery P4 P4 P4 P4 P4,5 Stable (private) P P P P Stable (public) P P P P Veterinary office P P Antenna, communication tower P P C P P P P P 21 P P C P P P Antenna, communication tower exceeding the maximum building height in the zone C C P 21 P P11 C C C Art gallery P P P P P P Artisan food production P24 P18, 24 Bed and breakfast P2 P P Bed and breakfast inn P2 P P Bed and breakfast manor P2 P P Bio-medical facility P23,24 P23,24 P23, 24 P23, 24 Botanical garden P P P P Cannabis production establishment P P P P P Cemetery P Clinic (medical, dental) P P P P P 45 LEGISLATIVE DRAFT Commercial food preparation P24 P24 Community garden P P P P P P P P P P P P P P Convent/monastery P P Data center P24 Daycare center, adult P P P P P P P P Daycare center, child P P P P P P P P P Daycare, nonregistered home daycare P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 Daycare, registered home daycare or preschool P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 P 16 Dwelling: Accessory unit P P P P P P Assisted living facility (large) C P P Assisted living facility (limited capacity) P P P Assisted living facility (small) P P P Congregate care facility (large) C C C Congregate care facility (small) P P P Group home (large) C Group home (small) P P P P Living quarters for caretaker or security guard P P P C P P P P Manufactured home P P P 46 LEGISLATIVE DRAFT Mobile home P Multi-family P P Residential support (large) C Residential support (small) P Rooming (boarding) house P Single-family (attached) P Single-family (detached) P P P P Twin home and two-family P Exhibition hall C P C P Extractive industry P24 Fairground C Farm stand, seasonal P P P P P P P P P P P P P Financial institution P P P Financial institution with drive-through facility P14 P14 Gas station P7 Golf course P24 P24 P24 Government facility C C P P P P P 20 P C C C13 C P C Government facility requiring special design features for security purposes C C Government office P P P P P P P P 47 LEGISLATIVE DRAFT Heliport C C P P C C Home occupation P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 P 17 Hospital, including accessory lodging facility C P P Hotel/motel C C P P Hunting club, duck P Industrial assembly P24 P24 Jail C Jewelry fabrication P Laboratory, medical related P24 P24 P24 P24 P24 Large wind energy system C C C C C C C P P Library P P P P P Light manufacturing C24 P24 Manufacturing, concrete or asphalt P15, 24 Meeting hall of membership organization P P P P P Mixed use development P Mobile food business (operation on private property) P P P P P Municipal service uses, including Ccity utility uses and police and fire stations C C P P P P P C C C14 C P C Museum C P P P P P P 48 LEGISLATIVE DRAFT Nursing care facility P P P Office P P P P P P P P Open space P P P P P P P P P9 P P P P P P P P Park P P P P P P P P P P P P P P Parking: Commercial C Off site P P P P P C Off site (to support uses in an OS or NOS Zzoning Ddistrict) P Park and ride lot P C Park and ride lot shared with existing use P P P P P P P P Performing arts production facility P P Philanthropic use P P P P Place of worship P P P P P Radio, television station P6 P Reception center C22 C P P P P Recreation (indoor) C P P P P P P Recreation (outdoor) P P P P Research and development facility P24 P24 P24 P24 P24 Restaurant P7 P 49 LEGISLATIVE DRAFT Restaurant with drive-through facility P7,14 P3 Retail goods establishment P7 P P Retail, sales and service accessory use when located within a principal building P20 P Retail, sales and service accessory use when located within a principal building and operated primarily for the convenience of employees P P P P P P P P P Retail service establishment P School: College or university P P P K - 12 private P P P P K - 12 public P P P P Music conservatory P P P Professional and vocational P P P P P Seminary and religious institute P P C Small brewery C24 Solar array P24 P24 P19, 24 P24 P24 P24 Stadium C C C Storage, accessory (outdoor) P P P P Studio, art P 50 LEGISLATIVE DRAFT Technology facility P24 P24 P24 P24 Theater, live performance C15 C15 C15 C15 C15 C15 C15 Theater, movie C C Transportation terminal, including bus, rail and trucking P Urban farm P P P P P P P P P P P P Utility, building or structure P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 Utility, transmission wire, line, pipe or pole P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 Vehicle, automobile rental agency P P Vending cart, private property P P Vending cart, public property P Warehouse P24 P24 Warehouse, accessory to retail and wholesale business (maximum 5,000 square foot floor plate) P Wholesale distribution P24 P24 Wireless telecommunications facility (see Section 21A.40.090, Table 21A.40.090.E of this title) Zoological park P 312 Qualifying provisions: 313 1. Subject to conformance to the provisions in Subsection 21A.02.050.B of this title. 314 2. When located in a building listed on the Salt Lake City Register of Cultural Resources. 315 51 LEGISLATIVE DRAFT 3. When located on an arterial street. 316 4. Subject to Salt Lake Valley Health Department approval. 317 5. In conjunction with, and within the boundaries of, a cemetery for human remains. 318 6. Radio station equipment and antennas shall be required to go through the site plan review process to ensure that the color, design and location of all 319 proposed equipment and antennas are screened or integrated into the architecture of the project and are compatible with surrounding uses. 320 7. When approved as part of a business park planned development pursuant to the provisions of Chapter 21A.55 of this title. 321 8. Kennels, whether within penned enclosures or within enclosed buildings, shall not be permitted within 200 feet of an existing single-family dwelling on an 322 adjacent lot. 323 9. Trails and trailheads with signage are subject to Section 21A.46.120, “Sign Regulations Ffor Special Purpose Districts”, of this title. 324 10. Greater than 3 ambulances at location require a conditional use. 325 11. Maximum of 1 monopole per property and only when it is government owned and operated for public safety purposes. 326 12. Subject to conformance with the provisions in Section 21A.36.300, “Alcohol Related Establishments”, of this title. 327 13. If located on a collector or arterial street according to the Salt Lake City Transportation Master Plan - mMajor sStreet pPlan: rRoadway fFunctional 328 cClassification map. 329 14. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-through use regulations. 330 15. Prohibited within 1,000 feet of a Ssingle- or Ttwo-Ffamily Zzoning Ddistrict. 331 16. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.130 of this title. 332 17. Allowed only within legal conforming single-family, duplex, and multi-family dwellings and subject to Section 21A.36.030 of this title. 333 18. Must contain retail component for on-site food sales. 334 19. Prior to issuance of a building permit in the Development Area and the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay, consultation with 335 the Utah Division of Wildlife Resources is required to obtain recommendations on siting and equipment types for all solar arrays on a particular property 336 to mitigate impacts to wildlife. 337 20. When customarily provided with the principal use and is accessory to the principal use. 338 21. New antennae and communication towers are allowed outside the telecommunication corridor in the OS Open Space District for public safety, public 339 security or Salt Lake City Public Utilities Department purposes only. 340 52 LEGISLATIVE DRAFT 22. Reception centers may be allowed in parks of 100 acres or more where the reception center is a subordinate use to the principal use of the property as a 341 park. Reception centers are allowed in existing buildings, are limited to 1 reception center per park, and hours of operation are limited to park hours. 342 Removal of existing recreation areas to accommodate the stand alone reception center use, including areas to accommodate parking for the reception 343 center use, is not permitted. 344 23. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by the Utah Department of Environmental 345 Quality administrative rules. 346 24. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 347 348 53 LEGISLATIVE DRAFT 21A.33.080: TABLE OF PERMITTED AND CONDITIONAL USES IN FORM BASED DISTRICTS: 349 To view TABLE OF PERMITTED AND CONDITIONAL USES IN FORM BASED DISTRICTS in PDF, click HERE 350 Note: Uses which are not listed in the following table are not permitted in any Form Based Code Zoning District. 351 Legend: C = Conditional P = Permitted 352 Use Permitted and Conditional Uses Bby District FB-UN1 FB-UN2 FB-SC FB-SE Accessory use, except those that are specifically regulated in this chapter, or elsewhere in this title P P P P Alcohol: Bar establishment P P C Brewpub P P C Tavern, 2,500 square feet or less in floor area P P C Animal, veterinary office P P P Antenna, communication tower P P P Art gallery P P P Artisan food production P3,5 P3,5 P3,5 Bed and breakfast P P P P Bed and breakfast inn P P P P Bed and breakfast manor P P P P Bio-medical facility P4,5 P4,5 Clinic (medical, dental) P P P Commercial food preparation P5 P5 P5 Community garden P P P P Community recreation center P P P Daycare center, adult P P P Daycare center, child P P P Daycare, nonregistered home daycare P1 P1 P1 P1 Daycare, registered home daycare or preschool P1 P1 P1 P1 Dwelling: Assisted living facility (limited capacity) P P P P Assisted living facility (small) P P P Congregate care facility (large) C C C Congregate care facility (small) C Group home (large) P P P 54 LEGISLATIVE DRAFT Group home (small) when located above or below first story office, retail, or commercial use, or on the first story where the unit is not located adjacent to street frontage P P P Multi-family P P P Residential support (large) P Residential support (small) P Rooming (boarding) house P Single-family attached P P P Single-family detached P Single-family detached (cottage development building form only) P P Single room occupancy P Two-family P Farmers’ market P P P Financial institution P P P Funeral home P P P Government facility P P P P Health and fitness facility P P P Home occupation P2 P2 P2 P2 Hotel/motel P P House museum in landmark site P P P P Laboratory, medical related P5 P5 P5 Library P P P Mixed use developments including residential and other uses allowed in the zoning district P P P Municipal service uses, including Ccity utility uses and police and fire stations P P P P Museum P P P Nursing care facility P P P Office P P P Office and/or reception center in landmark site P P P Open space P P P P Park P P P P Parking, off site P P P P Photo finishing lab P5 P5 Place of worship P P P 55 LEGISLATIVE DRAFT Plazas P P P P Recreation (indoor) P P P Research and development facility P5 P5 P5 Restaurant P P P Retail goods establishment P P P Retail goods establishment, plant and garden shop with outdoor retail sales area P P P Retail service establishment P P P Sales and display (outdoor) P P P School: College or university P P P Music conservatory P P P Professional and vocational P P P Seminary and religious institute P P P Seasonal farm stand P P P Solar array P5 P5 P5 Store, specialty P P P Studio, art P P P Technology facility P5 P5 P5 Theater, movie P P P Urban farm P P P P Utility, building or structure P P P P Utility, transmission wire, line, pipe, or pole P P P P Vending cart, private property P P P Wireless telecommunications facility P P P 353 Qualifying provisions: 354 1. Subject to sSection 21A.36.130 of this title. 355 2. Subject to sSection 21A.36.030 of this title. 356 3. Must contain retail component for on-site food sales. 357 4. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive waste as defined by 358 the Utah Department of Environmental Quality administrative rules. 359 5. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1. 360 56 LEGISLATIVE DRAFT SECTION 2. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 361 21A.60.020 of the Salt Lake City Code (List of Defined Terms) shall be and hereby is amended as follows: 362 a. Adding the Term “Anticipated Daily Water Use Report”. That Section 21A.60.040 363 shall be and hereby is amended to add the term “Anticipated Daily Water Use Report”, which term shall 364 be inserted into Section 21A.60.020 in alphabetical order and shall read as follows: 365 Anticipated Daily Water Use Report. 366 b. Adding the Term “Potable water”. That Section 21A.60.040 shall be and hereby is 367 amended to add the term “Potable water”, which term shall be inserted into Section 21A.60.020 in 368 alphabetical order and shall read as follows: 369 Potable water. 370 SECTION 3. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 371 21A.62.040 of the Salt Lake City Code (Definitions of Terms) shall be and hereby is amended as follows: 372 a. Amending the Definition of “BOTTLING PLANT”. That the definition of the term, 373 “BOTTLING PLANT” provided in Section 21A.62.040 shall be and hereby is amended to read as follows: 374 BOTTLING PLANT: An establishment commercial facility for the purpose of that engages in the 375 bottling, canning, or filling of any container of with beverages for distribution. The term “bottling 376 plant” shall not include any beverage or food manufacturing type use which is otherwise listed 377 specifically in the table of permitted and conditional uses found in Chapter 21A.33 of this title. 378 379 b. Adding the Definition “ANTICIPATED DAILY WATER USE REPORT”. That 380 Section 21A.62.040 shall be and hereby is amended to add the definition “ANTICIPATED DAILY 381 WATER USE REPORT”, which definition shall be inserted into Section 21A.62.040 in alphabetical 382 order and shall read as follows: 383 57 LEGISLATIVE DRAFT ANTICIPATED DAILY WATER USE REPORT: A detailed report provided by an applicant that 384 demonstrates the anticipated daily use and/or consumption of water for the described use based on 385 commonly accepted standards within the water utility industry. 386 c. Adding the Definition “POTABLE WATER”. That Section 21A.62.040 shall be and 387 hereby is amended to add the definition “POTABLE WATER”, which definition shall be inserted into 388 Section 21A.62.040 in alphabetical order and shall read as follows: 389 POTABLE WATER: Water that is safe for human consumption and provided by the Salt Lake City 390 Department of Public Utilities. 391 392 SECTION 4. Effective Date. This Ordinance take effect immediately after it has been published in 393 accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713. 394 395 Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2021. 396 ______________________________ 397 CHAIRPERSON 398 ATTEST: 399 400 ______________________________ 401 CITY RECORDER 402 403 Transmitted to Mayor on _______________________. 404 405 406 407 408 409 410 58 LEGISLATIVE DRAFT 411 Mayor’s Action: _______Approved. _______Vetoed. 412 413 ______________________________ 414 MAYOR 415 ______________________________ 416 CITY RECORDER 417 418 (SEAL) 419 420 Bill No. ________ of 2021. 421 Published: ______________. 422 Ordinance regulating high water uses (legislative) 423 1. CHRONOLOGY PROJECT CHRONOLOGY Significant Water Consuming Land Uses Text Amendment Petition PLNPCM2021-00638 June 17, 2021 Petition initiated by Mayor Erin Mendenhall. Planning Division begins work on proposal with Public Utilities Department. July 8, 2021 Project website posted on City website with draft of the ordinance. Public notices sent to recognized community organizations and Planning listserv. July 8, 2021 Temporary water use limit ordinance officially imposed. Official temporary ordinance notification sent to Planning listserv, posted on state website, and posted on City Planning website. August 16, 2021 Proposal presented to the Sugar House Community Council Land Use and Zoning Committee August 27, 2021 Proposal presented to the Glendale Community Council Chair. August 31, 2021 Notices mailed to potentially impacted businesses and property owners based on City data research. September 8, 2021 Proposal presented to the City’s Business Advisory Board. September 9, 2021 Public notices for September 22 Planning Commission meeting mailed to potentially impacted businesses/property owners, sent out via Planning listserv, including to recognized organizations. and posted on City Planning Division and State notice websites September 22, 2021 Planning Commission holds public hearing on the proposal. Planning Commission votes unanimously to forward a positive recommendation to the City Council. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00635 – Significant Water Consuming Land Uses – A request by Mayor Erin Mendenhall to amend the text of the zoning ordinance related to land uses that consume significant amounts of water. The proposal would implement a 300,000-gallon a day limit on the amount of water that commercial and industrial land uses can utilize. The limit affects multiple zones and multiple land uses citywide. The ordinance also amends and clarifies the definitions of related land use terms. Other related standards of Title 21A Zoning may be amended as part of this petition. Information on the proposal can found on the City’s webpage for the proposal at the following website: https://www.slc.gov/planning/2021/07/07/significant-water-users-text-amendment/ As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held electronically: DATE: TIME: 7:00 p.m. PLACE: This will be an electronic meeting pursuant to Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). Please visit https://www.slc.gov/council/news/featured-news/virtually-attend-city- council-meetings/ to learn how you can share your comments live during electronic City Council meetings. If you would like to provide feedback or comment, via email or phone, please contact us at: 801-535-7654 (24- Hour comment line) or by email at: council.comments@slcgov.com . If you have any questions relating to this proposal or would like to review the file, please call Daniel Echeverria at 801-535-7165 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at daniel.echeverria@slcgov.com. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711. (P 19-19) 3. ORIGINAL PETITION  Page 1 Planning Division DEPARTMENT of COMMUNITY and NEIGHBORHOODS Petition Initiation Request To: Mayor Mendenhall From: Michaela Oktay, Deputy Planning Director Date: June 6, 2021 CC: Rachel Otto, Chief of Staff; Blake Thomas, CAN Director; file Re: Initiating an amendment to Title 21A, the Zoning Ordinance, to review land use types that involve significant water consumption This memo is to request that you initiate a petition for the Planning Division to begin the process of amending the zoning ordinance to review land use types that may involve significant water consumption and prohibit land uses that exceed an average water usage of gallons per day. The current extreme drought situation may have heightened the urgency to ensure that future land uses do not threaten Salt Lake City’s ability to provide water to all of its residents and businesses, but this is a reality we would have to confront in the near future anyway as we plan for growth in our desert climate. The Division prepare a land use ordinance to: 1. Prohibit new land uses that would likely consume more than an annual average of 300,000 gallons of water per day; 2. Restrict the expansion of existing land use types that consume more than an annual average of 300,000 gallons of water per day; 3. Review existing land use regulations for potential revisions to mitigate demands on the city’s water supply; and 4. Amend definitions and land use tables to clarify that “bottling plant” includes the filling of various container forms with a liquid product generated from culinary water, and is further, prohibited city-wide. Such amendments shall continue to allow for small scale alcohol beverage production. The Planning Division may declare application of the “pending ordinance rule”, which is established in Utah Code Section 10-9a-509 as a means of prohibiting certain uses for up to 180 days from the time a land use regulation petition is initiated. The 180-day period is intended to give the municipality time to get the petition through the planning commission and city council processes.The adoption process of the resulting ordinance will include review and recommendation by the Planning Commission prior to a review and decision by the City Council. If you have any questions, please contact me. Page 2 Concurrence to initiating the zoning amendment petition as noted above. _________________________________ _______________ Erin Mendenhall, Mayor Date 06/07/2021 4. MAILING LIST Name Address City State ZIP Utah Inland Port Authority ATTN: Jack Hedge 111 South Main Street Suite 550 Salt Lake City UT 84111 Henkel Corporation 3540 W 1987 South Salt Lake City UT 84104 BCG Beverage LLC 1911 S 3850 W Salt Lake City UT 84104 Airgas USA LLC 5190 W 700 South Salt Lake City UT 84104 DS Services of America 1825 S 3730 W Salt Lake City UT 84104 Ice Cold Empire SLC LLC 1675 S Empire Road Salt Lake City UT 84104 Meadow Gold Dairies 3730 W 1820 S Salt Lake City UT 84104 Staker & Parson Companies 3313 W Directors Row Salt Lake City UT 84104 Sweet Candy Company 3780 W Directors Row Salt Lake City UT 84104 Tesoro Logistics Operations LLC 474 W 900 N Salt Lake City UT 84103 Thatcher Company 1265 S Wallace Rd Salt Lake City UT 84104 Actavis Laboratories 575 S Chipeta Way Salt Lake City UT 84108 White Wave Foods 11039 S Albion Pass Ct South Jordan Ut 84095 DS Services of America 2300 WINDY RIDGE PARKWAY STE 500N Atlanta GA 30339 Ice Cold Empire SLC LLC 1656 Reunion 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607 E 100 S Salt Lake City UT 84102 HK BREWING COLLECTIVE, LLC 751 W 800 S Salt Lake City UT 84104 WIO SMART FOODS INC 729 W 1700 S Salt Lake City UT 84104 Solstice Malt 3528 W 500 S STE 6 Salt Lake City UT 84104 Vive Juicery LLC 1597 S 1100 E Salt Lake City UT 84105 BLUE CHIP GROUP INC 1911 S 3850 W Salt Lake City UT 84104 TULIE BAKERY 863 E 700 S Salt Lake City UT 84102 KINGS PEAK COFFEE LLC 412 S 700 W STE 140 Salt Lake City UT 84104 CREMINELLI FINE MEATS, LLC 310 N WRIGHT BROTHERS DR Salt Lake City UT 84116 Z NECTAR, LLC 918 S 500 W Salt Lake City UT 84101 DFS Gourmet Specialties Inc. 3195 W PROFESSIONAL CIR STE 300 Salt Lake City UT 84104 Raw Eddys 751 W 800 S Salt Lake City UT 84104 DREAM DINNERS OPERATIONS 1140 E BRICKYARD RD STE 28 Salt Lake City UT 84106 BITTERS LAB 850 S 400 W STE 117 Salt Lake City UT 84101 STONE GROUND BAKERY 1025 S 700 W Salt Lake City UT 84104 TOSCA SERVICES LLC 5950 W AMELIA EARHART DR Salt Lake City UT 84116 LAKEVIEW CHEESE PRODUCTS, LLC 1755 S FREMONT DR Salt Lake City UT 84104 FILLINGS & EMULSIONS 1475 S MAIN ST Salt Lake City UT 84115 NUSH FOODS 333 W HOPE AVE Salt Lake City UT 84115 MADBROOK DONUT COMPANY 1391 S 300 W Salt Lake City UT 84115 PROBAR LLC 190 N APOLLO Salt Lake City UT 84116 VEGETABLE EXPRESS LLC 46 S ORANGE ST STE C Salt Lake City UT 84116 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 16, 2021 RE: Bueno Avenue Apartments Master Plan and Zoning Map Amendment at Approximately 129 South 700 East PLNPCM2021-00047 & PLNPCM2021-00048 The Council will be briefed about an ordinance that would amend zoning of the properties at 724, 728, 732, 738, 744, 750 and 754 East Bueno Avenue from SR-3 (Special Development Pattern Residential District) to RMF-45 (Moderate/High Density Multi-Family Residential District). The applicant is also proposing to consolidate these and parcels at 129 South 700 East, and 758 East Bueno Avenue already zoned RMF-45 into one parcel. Additionally, the proposal would amend the Central Community Master Plan Future Land Use Map for the properties from Medium-Density Residential to Medium-High Density Residential. The property is on the block interior bordered by 100 and 200 South and between 700 and 800 East as shown in the image below. The applicant proposes constructing a 4-story apartment building with 65 1–4- bedroom apartments (192 bedrooms total). Each bedroom would be leased individually and have a private bathroom. Kitchen and living room spaces in each apartment would be shared among residents within the unit. 72 on-site parking spaces are included in the proposal. A single-story amenity and leasing building fronting on 700 East is also proposed as part of the development. According to the applicant’s proposal, “This development provides attainably priced housing with a bedroom rental to be at or near the 60% AMI Rent restriction level. This is achieved without the requirement of city, state, or federal funding, or any other type of public incentive.” Under the proposed development a six-unit multi-family building and seven single-family homes on the private, unpaved road would be removed. The homes are reportedly in poor condition as shown in the Housing Condition Report found on pages 141-183 of the Planning Commission staff report. The applicant states it is economically unfeasible to rehabilitate the homes. Item Schedule: Briefing: November 16, 2021 Set Date: November 16, 2021 Public Hearing: December 7, 2021 Potential Action: December 14, 2021 Page | 2 It should be noted the applicant stated in their application the homes will be removed regardless of the outcome of the master plan and zoning map amendments. If the proposed amendments are not approved, the applicant’s expressed plans are to construct luxury for sale townhomes on the site which would be allowed “by right” under current zoning. These proposed master plan and zoning map amendments were reviewed at the June 23, 2021 Planning Commission meeting and a public hearing was held. Several people spoke or had their comments read during the hearing. Most expressed opposition to the proposal. The Planning Commission voted to table planned development and conditional use applications associated with this proposal and may review them at a future date depending on the City Council’s decision on the master plan and zoning map amendments. The Council’s role is to determine if the proposed master plan amendment and rezone are appropriate for the interior block parcels. On June 23 the Planning Commission voted to forward a positive recommendation to the Council on the proposed master plan and zoning map amendments. However, that vote was recalled at the July 14 Planning Commission meeting when it was discovered a housing mitigation loss report was not presented to the Planning Commission. Acco0rding to the Housing Mitigation ordinance, “any petition for a zoning change that would permit a nonresidential use of land, that includes within its boundaries residential dwelling units, may not be approved until a housing mitigation plan is approved by the city.” (18.97.020.A) Because existing use of the property is residential and the proposed RMF-45 zoning district would allow nonresidential land uses, the proposed amendment is subject to the housing loss mitigation process. The report found the petition amending zoning for the subject parcels from SR-3 to RMF-45 would replace lost housing stock. It further found replacement costs exceed market value of the existing homes, so no mitigation fee is required. The Community and Neighborhoods Director signed the report associated with this proposal. This proposal was reviewed again at the September 8, 2021 Planning Commission meeting and a housing mitigation report was presented. A second public hearing on the proposal was held and more than 20 people spoke or provided written comments with the majority expressing opposition. Planning staff recommended the Commission forward a positive recommendation to the City Council. The Commission voted 3-2 to forward a negative recommendation on the master plan and zoning map amendments. Commissioners who voted to forward a negative recommendation stated the proposed rezone was not compatible with the master plan and neighborhood context. A desire for lower density development in the area was also expressed. Commissioners who voted in support of forwarding a positive recommendation to the City Council did not comment. Goal of the briefing: Review the proposed master plan and zoning map amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. The Council may wish to discuss how impacts such as additional residents and traffic in this area would be managed. 2. The Council may wish to ask what the minimum lease period is. Will it be less than six months? 3. Does each bedroom accommodate only one individual? a. If so, how will this be monitored and enforced? Page | 3 b. Is that permitted under the Fair Housing Act? 4. The Council may wish to discuss how and if this project helps address housing demands and needs of the city and neighborhood 5. This type of project is raising concerns about the loss of naturally occurring affordable housing in favor of newer, market rate units. a. The Council may wish to ask the administration for a status report on updates to the housing loss mitigation plan. 6. The dense nature of this project raised questions about traffic flow in and out of the property as there is only one entrance/exit. Was this addressed by the Administration? 7. Did the Administration discuss potential parking issues with the proposed development given the lack of on-street parking in the area? Are the 72 on-site parking spaces adequate to serve 192 residents of the development plus visitors? Proposed Bueno Avenue Apartments Site Plan Page | 4 Vicinity zoning map with subject project area outlined in yellow. Parcels proposed to be rezoned from SR-3 to RMF-45 outlined in red. ADDITIONAL INFORMATION Planning staff identified three key issues with this proposal. They are summarized below. Please see pages 11-13 for full details. Issue 1-Zoning and Master Plan Amendment There are separate planned development and conditional use applications associated with this proposal. They are dependent on the zoning and master plan amendments being approved and will be considered by the Planning Commission later if the zoning and master plan amendments are approved. As stated above, if the zoning and master plan amendments are not approved development on the site under existing zoning designations could result in development of luxury townhomes and a loss of affordable housing stock. Issue 2-Housing Mitigation As noted above, a housing loss mitigation report was reviewed by the Administration and the Community and Neighborhoods Director approved the report. No housing loss mitigation fee is required. Issue 3-Rooming House/Co-Living - Innovative Housing Development An objective of the Growing SLC Housing Plan is to “lead in the construction of innovative housing solutions.” Rooming houses/co-living buildings are new to Salt Lake City, but, according to Planning staff, is popular in many metro areas. (The Salt Lake City Zoning Ordinance uses the term “rooming (boarding) house.” Co-living is an updated term and used by the applicant.) Page | 5 Development of co-living communities is largely in response to rising housing costs and need for more affordable housing options. Co-living is often targeted toward 25- to 35-year-olds who are entering the workforce and priced out of the market but is not limited to this age range. DEVELOPMENT STANDARDS The table below compares building height and yard requirements for the SR-3 zoning designation with RMF-45 zoning. SR-3 RMF-45 Maximum Building Height The maximum height of buildings with pitched roofs shall be: a. Twenty-eight feet (28') measured to the ridge of the roof; or b. The average height of other principal buildings on the block face. 2. The maximum height of a flat roof building shall be twenty feet (20'). The maximum building height permitted in this district is forty five feet (45'). General Yard Requirements Minimum Yard Requirements: 1. Front Yard: The minimum depth of the front yard for all principal buildings shall be equal to the average of the front yards of existing buildings within the block face. Where there are no existing buildings within the block face, the minimum depth shall be ten feet (10'). Where the minimum front yard is specified in the recorded subdivision plat, the requirement specified on the plat shall prevail. For buildings legally existing on April 12, 1995, the required front yard shall be no greater than the established setback line of the existing building. 2. Corner Side Yard: Ten feet (10'). For buildings legally existing on April 12, 1995, the required corner side yard shall be no greater than the established setback line of the existing building. 3. Interior Side Yard: a. Single-family detached dwellings: Four feet (4'). b. Single-family attached and twin home dwellings: When abutting a single-family dwelling, a four foot (4') yard is required, otherwise no interior yard is required. Where a yard is provided, it shall be not less than four feet (4'). Minimum Yard Requirements: 1. Front Yard: Twenty percent (20%) of lot depth, but need not exceed twenty five feet (25'). For buildings legally existing on April 12, 1995, the required front yard shall be no greater than the existing yard. 2. Corner Side Yard: a. Single-family attached dwellings: Ten feet (10'). b. Multi-family dwellings: Twenty feet (20'). c. All other permitted and conditional uses: Twenty feet (20'). 3. Interior Side Yard: a. Single-family attached dwelling: No yard is required, however if one is provided it shall not be less than four feet (4'). b. Multi-family dwellings: The minimum yard shall be eight feet (8'); provided, that no principal building is erected within ten feet (10') of a building on an adjacent lot. c. All other permitted and conditional uses: Ten feet (10') on each side. 4. Rear Yard: The rear yard shall be twenty five percent (25%) of the lot depth, but need not exceed thirty feet (30'). Page | 6 4. Rear Yard: Twenty percent (20%) of the lot depth but not less than fifteen feet (15') and need not exceed thirty feet (30'). MASTER PLAN CONSIDERATIONS Planning staff identified master plan considerations applicable to the proposed master plan and zoning map amendments which are summarized below. Please see pages 91-92 of the staff report for additional information. Growing SLC: A Five-Year Housing Plan 2018-2022 A goal to increase housing options is included in Growing SLC. The following objectives are listed: Objective 1: Review and modify land-use and zoning regulations to reflect the affordability needs of a growing, pioneering city. Objective 2: Remove impediments in City processes to encourage housing development. Objective 3: Lead in the construction of innovative housing solutions. Plan Salt Lake (2015) Plan Salt Lake, the citywide master plan includes policies related to providing additional housing options. Policies related to the proposed project include growth, housing, and air quality. Planning staff identified several objectives of these policies that align with the proposal such as: Promote infill and redevelopment of underutilized land. Increase diversity of housing types for all income levels throughout the city. Enable moderate density increases within existing neighborhoods where appropriate. Promote high density residential in areas served by transit. Minimize impact of car emissions. Central Community Master Plan (2005) The subject properties are in the Bryant neighborhood and within the Central Community Master Plan area. The associated Future Land Use Map designates the SR-3 zoned parcels as “medium-density residential” and the RMF-45 parcels as “medium-high density residential.” Planning staff stated the medium-density residential designation is due to the block’s interior and existing lower density housing. Planning staff listed several residential land use goals and policies along with residential new construction policies in the Master Plan including: Reduce excessive density potential, stabilize the neighborhood, and conserve the neighborhood’s residential character. Ensure new multi-family development is carefully sited, well designed, and compatible in scale. Provide more affordable housing (owner occupied and rental). Based on the Future Land Use map use residential zoning to establish and maintain a variety of housing opportunities that meet social needs and income levels of a diverse population. Promote construction of a variety of housing options that are compatible with the character of the neighborhoods of the Central Community. Planning staff stated “Further development on this site under the current zoning and master plan designation could result in the removal of affordable housing stock, to be replaced by very high-priced housing. This would be counterproductive to the growing need of increasing attainably priced housing stock in the area. Page | 7 The requested master plan amendment would promote the redevelopment of this site and would help meet City growth and housing goals.” ANALYSIS OF STANDARDS Attachment I (pages 95-97) of the Planning Commission staff report outlines zoning map amendment standards that should be considered as the Council reviews this proposal. Planning staff found the proposed amendment complies with all applicable standards, provided the Master Plan future land use map is amended. Please see the Planning Commission staff report for full details. PUBLIC PROCESS • March 1, 2021-Notice of the project and request for comments sent to East Central Community Council and Central City Neighborhood Council chairs. The East Central Community Council Chair submitted a letter to Planning staff expressing opposition to the proposal. • March 26, 2021-Early notification sent to property owners and residents within 300 feet of the project area. • April 5, 2021-Project included in Planning Division online open house. • June 23, 2021-Planning Commission public hearing. The Commission tabled associated planned development and conditional use items until a City Council vote on the Master Plan and zoning map amendments. The Commission voted 4-3 to forward a positive recommendation to the City Council. • July 14, 2021-Planning Commission recalled vote from June 23, 2o21 meeting because a housing mitigation report was not considered prior to making recommendation to the City Council. • September 8, 2021-Planning Commission was presented a housing mitigation report. A second public hearing was held, and the Commission voted 3-2 to forward a negative recommendation to the City Council for the proposed Master Plan and zoning map amendments. ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL Date Received: Lisa Shaffer, Chief Administrative Officer Date sent to Council: TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director Department of Community & Neighborhoods __________________________ SUBJECT: Bueno Apartments @ 724, 728, 732, 738, 744, 750 and 754 East Bueno Avenue - Zoning Map Amendment (PLNPCM2021-00048) from SR-3 to RMF-45 and Master Plan Amendment (PLNPCM2021-00047) STAFF CONTACT: Katia Pace, Principal Planner, katia.pace@slcgov.com, 385-226-8499 DOCUMENT TYPE: Ordinance RECOMMENDATION: •Planning Staff recommended approval. •On June 23, 2021 the Planning Commission voted to forward a positive recommendation to the City Council. •On July 14, 2021 the Planning Commission recalled the vote from the June 23, 2021 meeting because the Planning Commission is required to consider a housing mitigation report for zoning amendments prior to making a recommendation to the City Council. •On September 8, 2021 the Planning Commission held a second public hearing and voted to forward a negative recommendation to the City Council. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Kevin Perry, representing the property owner, is requesting approval for a master plan and zoning map amendment to accommodate the Bueno Avenue Apartments, a Rooming (boarding) House. The location would be at approximately 129 S 700 East and 758 East Bueno Avenue October 18, 2021 Lisa Shaffer (Oct 19, 2021 15:58 MDT) 10/19/2021 10/19/2021 (already RMF-45 parcels), together with the properties at 724, 728, 732, 738, 744, 750 and 754 East Bueno Avenue to be rezoned. Area in red shows the parcels that would be rezoned from SR-3 to RMF-45 and have the master plan designation changed from Medium Density to Medium Hight Density. Area in blue is the remainder area for the project that is zoned RMF-45. The Planning Commission held a public hearing on June 23, 2021. The commission voted to table the Planned Development and Conditional Use and voted 4-2 to forward a positive recommendation for the master plan and zoning map amendment to the City Council. The vote from the June 23rd meeting was recalled at the following Planning Commission meeting, on July 14, 2021, because according to Salt Lake City Code Section 18.97, Mitigation of Residential Housing Loss, the Planning Commission is required to consider a housing loss mitigation report for the zoning amendment prior to making a recommendation to the City Council and the report was not presented to the Planning Commission before the vote on the June 23rd meeting. On September 8, 2021, the Planning Commission held a second public hearing and reviewed the housing loss mitigation report. The report was approved and signed by the Department of Community and Neighborhoods director prior to being presented to the Planning Commission. The commission voted to recommend denial to the City Council for the following applications: a. Zoning Map Amendment – To rezone 7 parcels on the site from SR-3 to RMF-45. b. Master Plan Map Amendment - To amend the Central Community Master Plan future land use map from "Medium Density Residential" to "Medium High Density Residential" Proposed Project The final project proposes to consolidate 10 parcels and replace the existing structures with two buildings: a single-story amenity building fronting 700 East and a 4-story rooming house on the interior of the site. The rooming house would consist of 65 units ranging from 1 bedroom to 4- bedroom units. Each unit would share cooking and living room facilities and would have a bathroom for each bedroom. The total site is approximately 1.55 acres or 67,518 square feet. The breakdown of the 65 units would be: 1 Bed – 4 units (1 x 4 = 4) 2 Bed – 24 units (2 x 24 = 48) 3 Bed – 8 units (3 x 8 = 24) 4 Bed – 29 units (4 x 29 = 116) Existing Conditions Bueno Avenue is a private right-of-way, that runs across the site granting exclusive access to the parcels on this site and to the adjacent parcel to the south. At the entrance of the site, there is an existing multifamily building with garages/storage facilities. At the interior of the site there are seven single family homes. Several of these homes are currently vacant and have major structural and foundation issues, electrical code deficiencies, and plumbing problems. The condition of Bueno Avenue on this block is in disrepair, with an unmaintained dirt roadway. The utilities are severely outdated and require replacement. Housing Loss Mitigation Report The site is divided between RMF-45 and SR-3 zoning designation. Seven of the parcels with single-family homes and a vacant parcel are zoned SR-3; the other parcels are zoned RMF-45. The Mitigation of Residential Housing Loss ordinance (Salt Lake City Code Section 18.97) requires that any petition for a zoning change that would permit a nonresidential use of land and includes within its boundaries residential dwelling units, may not be approved until a housing mitigation plan is reviewed by the city. Because the proposed RMF-45 zoning district would allow for nonresidential land uses, the zoning amendment is subject to the housing loss mitigation process. As required by the housing loss mitigation ordinance, the Director of the Department of Community and Neighborhoods has signed the report. The report found that the petition to rezone these parcels from SR-3 to RMF- 45 zone would result in replacement of housing stock that allows for housing for 192 individuals. Block showing site in yellow line and RMF-45, RMF-35, and SR-3 zoning designations Recommendations On June 23, 2021, the Planning Commission voted 4-2 to forward a positive recommendation for the master plan and zoning map amendment to the City Council based on the initial staff report and the information presented and the input received in the public hearing. On September 8, 2021, the Planning Commission voted 3-2 to forward a negative recommendation for denial based on the request not being compatible with the master plan and the context of the neighborhood. PUBLIC PROCESS: • Notice of the project and request for comments was sent to the East Central Community Council and the Central City Neighborhood Council on March 1, 2021. The East Central Community Council wrote a letter with a negative recommendation based on the loss of affordable housing. The Central City Neighborhood Council did not respond. • Notices were mailed to property owners/residents within ~300 feet of the proposal on March 26, 2021. • Online Open House with information about the proposal, was published on April 5, 2021 in the Salt Lake City Planning’s website https://www.slc.gov/planning/open-houses/. • The Planning Commission held a public hearing on June 23, 2021. The commission voted to table the Planned Development and Conditional Use and voted 4-2 to forward a positive recommendation for the Master Plan and Zoning Map Amendment to the City Council. • On July 14, 2021 the Planning Commission recalled the vote from the June 23, 2021 meeting because the Planning Commission is required to consider a housing mitigation report for zoning amendments prior to making a recommendation to the City Council. • On September 8, 2021 the Planning Commission held a second public hearing as decided by the Chair and voted 3-2 to forward a negative recommendation to the City Council for the proposed master plan and zoning map amendment. Planning Commission Records: a) Planning Commission Agenda of June 23, 2021 (Click to Access) b) Planning Commission Minutes of June 23, 2021 (Click to Access) c) Planning Commission Staff Report of June 23,2021 (Click to Access Report) d) Planning Commission Minutes of July 14, 2021 (Click to Access) e) Planning Commission Agenda of September 8, 2021 (Click to Access) f) Planning Commission Minutes of September 8, 2021 (Click to Access) g) Planning Commission Staff Report of September 8, 2021 with Housing Loss Mitigation Report (Click to Access Report) EXHIBITS: 1. Project Chronology 2. Additional Comments (Not on Staff Report) 3. Notice of City Council Public Hearing 4. Original Petition 5. Mailing List SALT LAKE CITY ORDINANCE No. _____ of 2021 (Amending the zoning of properties located at 724, 728, 732, 738, 744, 750 and 754 East Bueno Avenue from SR-3 (Special Development Pattern Residential District) to RMF-45 (Moderate/High Density Multi-Family Residential District), and amending the Central Community Master Plan Future Land Use Map for the aforementioned properties from Medium Density Residential to Medium High Density Residential) An ordinance amending the zoning map pertaining to properties located at 724, 728, 732, 738, 744, 750 and 754 East Bueno Avenue from SR-3 (Special Development Pattern Residential District) to RMF-45 (Moderate/High Density Multi-Family Residential District) pursuant to Petition No. PLNPCM2021-00048 and amending the Central Community Master Plan Future Land Use Map for the aforementioned properties from Medium Density Residential to Medium High Density Residential pursuant to Petition No. PLNPCM2021-00047. WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a public hearing on June 23, 2021 on an application submitted by Kevin Perry representing Alta Terra Real Estate, on behalf of- Four Square Holdings LLC, the owner of real property located at located at 724, 728, 732, 738, 744, 750 and 754 East Bueno Avenue (the “Properties”), to rezone the Properties from SR-3 (Special Development Pattern Residential District) to RMF-45 (Moderate/High Density Multi-Family Residential District) pursuant to Petition No. PLNPCM2021-00048, and to amend the Central Community Master Plan Future Land Use Map (the “Future Land Use Map”) with respect to the Properties from Medium Density Residential to Medium High Density Residential pursuant to Petition No. PLNPCM2021-00047; WHEREAS, the Planning Commission during their June 23, 2021 meeting voted to favor a recommendation to approve the rezone and amendments to the Future Land Use Map pursuant to the aforementioned petitions (the “June 23rd vote”); WHEREAS, on July 14, 2021 during a regularly scheduled meeting the Planning Commission recalled the June 23rd vote; WHEREAS, the Planning Commission held a subsequent public hearing on the aforementioned petitions on September 8, 2021 and following the public hearing voted to forward a recommendation to the City Council to deny the request to rezone and amend the Future Land Use Map as requested in the aforementioned petitions; WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance to amend the Salt Lake City zoning map to change the underlying zoning and amend the Future Land Use Map as set forth herein is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Properties identified on Exhibit “A” attached hereto shall be and hereby are rezoned from SR-3 (Special Development Pattern Residential District) to RMF- 45 (Moderate/High Density Multi-Family Residential District). SECTION 2. Amending the Central Community Master Plan. The Future Land Use Map of the Central Community Master Plan shall be and hereby is amended to change the future land use designation of the Properties identified in Exhibit “A” from Medium Density Residential to Medium High Density Residential. SECTION 3. Effective Date. This Ordinance shall take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Hannah Vickery, Senior City Attorney 10/13/21 EXHIBIT “A” Legal Description of Properties to be Rezoned and Subject to Central Community Master Plan Future Land Use Map Amendment: 724 East Bueno Avenue Parcel ID No. 16-05-107-002-0000 BEG 10 RD E FR SW COR LOT 4 BLK 54 PLAT B SLC SUR E 2.5 RD N 71.25 FT W 2.5 RD S 71.25 FT TO BEG. CONTAINS 3.049 SQUARE FEET OR 0.07 ACRE, MORE OR LESS. 728 East Bueno Avenue Parcel ID No. 16-05-107-003-0000 BEG 12.5 RD E FR SW COR LOT 4 BLK 54 PLAT B SLC SUR E 2.5 RD N 71.25 FT W 2.5 RD S 71.25 FT TO BEG. CONTAINS 2,940 SQUARE FEET OR 0.0675 ACRE, MORE OR LESS. 732 East Bueno Avenue Parcel ID No. 16-05-107-004-0000 BEG 2.5 RD W FR SE COR LOT 4 BLK 54 PLAT B SLC SUR W 2.5 RD N 71.25 FT; E 2.5 RDS; S 71.25 FT TO BEG. CONTAINS 2,940 SQUARE FEET OR 0.0675 ACRE, MORE OR LESS. 738 East Bueno Avenue Parcel ID No. 16-05-107-005-0000 BEG AT SE COR LOT 4 BLK 54 PLAT B SLC SUR N 5 RDS W 2.5 RDS S 5 RDS E 2.5 RDS TO BEG. CONTAINS 2,971 SQUARE FEET OR 0.0682 ACRE, MORE OR LESS. 744 East Bueno Avenue Parcel ID No. 16-05-155-001-0000 BEG 248 FT W & 8.5 FT S FR NE COR LOT 7 BLK 54 PLAT B SLC SUR W 63 FT S 45^ W 14.14 FT S 31.5 FT E 73 FT M OR L TO PT DUE S FR BEG N 42 FT TO BEG. CONTAINS 2,945 SQUARE FEET OR 0.0676 ACRE, MORE OR LESS. 750 East Bueno Avenue Parcel ID No. 16-05-155-002-0000 BEG AT SW COR LOT 7 BLK 54 PLAT B SLC SUR E 82 FT N 7 RD W 57.25 FT S 2 RD W 1.5 RD S 5 RD TO BEG. CONTAINS 8,725 SQUARE FEET OR 0.2003 ACRE, MORE OR LESS. 754 East Bueno Avenue Parcel ID No. 16-05-155-003-0000 BEG 205 FT W & 8.5 FT S OF THE NE COR LOT 7, BLK 54, PLAT B, SLC SUR; W 43 FT; S 42 FT; E 43 FT; N 42 FT TO BEG, ALSO COM 82 FT E FR SW COR SD LOT 7; E 43 FT; N 7 RDS; W 43 FT; S 7 RDS TO* CONTAINS 6,730 SQUARE FEET OR 0.1545 ACRES, MORE OR LESS. 1. PROJECT CHRONOLOGY PROJECT CHRONOLOGY Petitions: PLNPCM2021-00048 & PLNPCM2021-00047 January 15, 2021 The following petitions were received by the Planning Division: • Planned Development (PLNPCM2021-00045) • Conditional Use (PLNPCM2021-00046) • Zoning Map Amendment (PLNPCM2021-00048) • Master Plan Amendment (PLNPCM2021-00047) February 17, 2021 Petitions were assigned to Katia Pace. March 1, 2021 Notice of the project and request for comments sent to the Chairs of the East Central Community Council and the Central City Neighborhood Council. March 26, 2021 Early notification was sent to property owners and residents within 300 feet of the project area. April 5, 2021 Online Open House with information about the proposal, where to get more information, and who to contact for questions and comments. April 14, 2021 Planning Staff emailed applicant with issue that the height of the Rooming House building exceeded requirement. May 24, 2021 Received new information from applicant with building height. June 23, 2021 Planning Commission held a public hearing. The commission voted to table the Planned Development and Conditional Use until the City Council decides on the Master Plan and Zoning Map Amendment. The commission also voted 4-2 to forward a positive recommendation to City Council. July 14, 2021 Planning Commission recalled the vote from the June 23, 2021 meeting because the Planning Commission is required to consider a housing mitigation report for zoning amendments prior to making a recommendation to the City Council. September 8, 2021 Planning Commission held a second public hearing, were presented a Housing Loss Mitigation Report and voted 3-2 to forward a negative recommendation to the City Council for the proposed Master Plan and Zoning Map Amendment. 2. ADDITIONAL COMMENTS (Not on Staff Report) From: To:Planning Public Comments; Pace, Katia Subject:(EXTERNAL) NO on Bueno apartments spot up-zone request! Date:Monday, June 21, 2021 11:24:12 PM Attachments:Comments re proposed re-zone of Bueno Avenue Apartments.docx Salt Lake Planning Commission and Planning Staff: Please read and consider my attached comments re the proposed up-zone for the mid-block properties referred to as the Bueno Apartments. It is discouraging (to put it mildly) to have to continually prod the city to uphold its own planning documents and codes in the face of pressure from opportunistic developers who evidently see easy money in requesting spot up-zones in lieu of pursuing proposals on properties already zoned for the uses they propose. The city's failures in this regard are in part responsible for the many tracts of under-developed and derelict properties that plague the central city and the concurrent run-away price increases for properties in adjacent neighborhoods. Please work with the developer in question at these properties to devise a plan that doesn't entail tearing down existing affordable housing and that is compatible with the stated goals of the existing neighborhood planning documents. Thank you for your diligent work on this matter, Rich Rich Wilcox Comments re proposed re-zone of Bueno Avenue Apartments It was disheartening to see a SLC Planning Staff report in favor of a proposal to grant a spot up-zone to a developer who plans to tear down existing affordable housing on Bueno Avenue to built a single-room occupancy “dorm” in this location. SRO units, if really needed, should be built in areas already zoned for this use (in which there are many lots suitable for building or redevelopment), or as part of a university housing project, on campus. This is not a good time to be demolishing occupied, affordable housing units in our city. The positive report from the planning staff flies in the face of the negative recommendation from the East Central Community Council and is in direct conflict with the Central Community Master Plan. It also is further fuel for the bonfire of speculative investment in our community, where the city’s willingness to grant up-zoning requests from developers is driving property and housing costs through the roof. The city needs to encourage this type of development in areas already zoned for these purposes by standing by its own planning and land use documents. Failure to do so will result in the underdeveloped and blighted properties of downtown remaining in that state, while turning the surrounding neighborhoods into a sea of cookie-cutter apartments that won’t meet the housing needs of low- and moderate-income families. Any developer with an imagination and a constructive vision could come up with a proposal for this property that preserves the existing housing while adding additional units in place of the abandoned garage structures. The city planning staff and planning council should have the ability and motivation to push a developer lacking these characteristics into a better development plan. Please stand by the city’s own clear planning and land use documents, and the housing needs of the low-income residents already living on these properties, by voting “no” on the re-zoning request for these properties on Bueno Avenue. And (an apparently needed) nudge towards a proposal that preserves the existing affordable housing would be a helpful step. From:Anderson, John To:nils adey; Planning Public Comments Cc:Pace, Katia Subject:RE: (EXTERNAL) Support for zoning change SR-3 to RMF-45 for Bueno Avenue Date:Wednesday, September 8, 2021 9:00:22 AM Nils, Your comments are appreciated and will be shared with the Planning Commission prior to their meeting tonight. If you'd like to participate in that meeting please follow the instructions found on the agenda: http://www.slcdocs.com/Planning/Planning%20Commission/2021/09.%20September/PC09.08.2021agendaAMENDED.pdf JOHN ANDERSON Manager Planning Division DEPARTMENT of COMMUNITY and NEIGHBORHOODS SALT LAKE CITY CORPORATION TEL CEL 385-226-6479 EMAIL john.anderson@slcgov.com www.SLC.GOV/PLANNING www.ourneighborhoodscan.com "Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately as possible based upon the information provided. However, answers given at the counter and/or prior to application are not binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest any property with development rights." -----Original Message----- From: nils adey <nilsadey1@yahoo.com> Sent: Tuesday, September 7, 2021 9:21 PM To: Planning Public Comments <planning.comments@slcgov.com> Subject: (EXTERNAL) Support for zoning change SR-3 to RMF-45 for Bueno Avenue To whom it concerns, I am writing to show my support for the proposed SR-3 to RMF-45 zoning change for Bueno Avenue. Salt Lake City is in significant need for additional housing, particularly affordable housing, and this zoning change would be a step in the right direction. Thank you, Nils Adey From:Anderson, John To:Bojan Tomic; Planning Public Comments Cc:Pace, Katia Subject:RE: (EXTERNAL) Bueno Ave. Rezone Date:Wednesday, September 8, 2021 9:00:39 AM Bojan, Your comments are appreciated and will be shared with the Planning Commission prior to their meeting tonight. If you'd like to participate in that meeting please follow the instructions found on the agenda: http://www.slcdocs.com/Planning/Planning%20Commission/2021/09.%20September/PC 09.08.2021agendaAMENDED.pdf JOHN ANDERSON Manager Planning Division DEPARTMENT of COMMUNITY and NEIGHBORHOODS SALT LAKE CITY CORPORATION TEL CEL 385-226-6479 EMAIL john.anderson@slcgov.com www.SLC.GOV/PLANNING www.ourneighborhoodscan.com "Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately as possible based upon the information provided. However, answers given at the counter and/or prior to application are not binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest any property with development rights." From: Bojan Tomic Sent: Tuesday, September 7, 2021 10:16 PM To: Planning Public Comments <planning.comments@slcgov.com> Subject: (EXTERNAL) Bueno Ave. Rezone To whom it may concern, After reviewing the attached file, I believe this would be a worth while concept. Living in Salt Lake City has become hard for many individuals. A concept such as Bueno Avenue Apartments could help residents who may bot be able to afford living in the city. Best, Bojan Tomic From:Mills, Wayne To:Rankins, Marlene Cc:Pace, Katia; Clark, Aubrey Subject:FW: (EXTERNAL) Bueno Avenue Apartments Date:Wednesday, September 8, 2021 9:54:36 AM Hi Marlene- I think your doing the meeting tonight. Please forward these comments to the PC. Thanks. WAYNE MILLS Planning Manager Planning Division DEPARTMENT of COMMUNITY and NEIGHBORHOODS SALT LAKE CITY CORPORATION TEL 801-535-7282 FAX 801-535-6174 WWW.slc.gov/planning Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately as possible based upon the information provided. However, answers given at the counter and/or prior to application are not binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest any property with development rights. From: hunter Sent: Tuesday, September 7, 2021 8:52 PM To: Planning Public Comments <planning.comments@slcgov.com> Subject: (EXTERNAL) Bueno Avenue Apartments To whom it may concern, I'm a Park City, UT resident, but I work in Salt Lake City. I am writing to you in support of the affordable housing option being proposed in the Bueno Avenue Apartments. As you likely know, the proposed strategy has proven effective in other cities where affordable housing has been challenging. Affordable housing will allow SLC's continued economic growth by providing a safe, clean, and desirable housing option within the community to attract the best job applicants. Allowing continued growth without providing strong living options for all economic levels will lead to tremendous challenges in the future. Now is the time to be proactive. I strongly urge you to vote in favor of the rezoning so that Bueno Avenue Apartments can move forward. I hope that a similar proposal will be brought forward to the PC community too as we are in desperate need of affordable housing. Thank you for your consideration. Sincerely, Hunter Underhill From:John Davis To:Pace, Katia Subject:(EXTERNAL) "Bueno Avenue Co-Living Apartments" Master Plan and Zoning Map Amendment Date:Wednesday, September 8, 2021 10:03:24 AM Master Plan Amendment (PLNPCM2021-00047) Zoning Map Amendment (PLNPCM2021-00048) "Bueno Avenue Co-Living Apartments" Master Plan and Zoning Map Amendment Katia: Please ensure my comments below are received by the Planning Commissioners. Thank you! Dear Planning Commissioners, I want to thank you all for the time and attention you have given thus far in carefully considering the myriad of planning applications associated with the Bueno Avenue development proposal. As I am sure you appreciate, this is a massively complex proposal, touching on housing affordability issues, displacement of existing residents, compatible neighborhood infill development, and a co-living housing type that is relatively new to our City in this context. After considering the proposal, I strongly encourage that you vote to forward a negative recommendation relative to the master plan and zoning map amendment proposals. I strongly believe that any planning proposal that directly results in (or is likely to result in) a loss or erosion of existing housing should be denied until Salt Lake City has targeted and effective housing loss mitigation and displacement policies in place. The instant proposal will result in a direct loss of existing naturally occurring affordable housing, with many current residents in the area likely unable to find new housing within Salt Lake City. In fact, current residents have communicated to others in the neighborhood that this redevelopment proposal will result in their displacement and that they will likely find themselves subsequently unhoused and seeking emergency shelter. Housing loss mitigation and displacement policies are essential to ensure our City grows in a way that is sensitive to existing housing-vulnerable residents. Housing loss mitigation and displacement policies are currently in the process of being developed and refined by the Administration, and decisionmakers including yourselves should be extraordinarily careful in considering proposals that impact housing in our City until these important protections are in place. In addition, while well intended, I am not convinced that the proposed co-living space is a true solution to addressing affordability in the way it is being marketed by the developers, especially when defined affordably is not explicitly required and enforced as a condition of approval. In many growing cities in the U.S., market developed co- living spaces – either new construction or rehabilitation/conversion of existing buildings – have not resulted in new affordable housing. Instead, many of these market rate co-living spaces are designed and marketed as luxury co-living and/or co- working arrangements for affluent students and young professionals. While more affordable than normal market rate one bedroom or studio units, they are often not the type of deeply affordable housing Salt Lake City requires. Moreover, co-living units by their nature will often not be suitable for families and other multi-generational households. The vast majority of the new development in our City in the last decade has indeed been primarily studio/1-bedroom units, and the housing needs of both families with children and multigenerational households have been ignored by the private development market and not fully supported by the City through effective policy. This immediate proposal appears to be a continuation of this trend. Thank you for your time in considering the above. Jack Davis From:Anderson, John To:Stephanie Anglin; Planning Public Comments Cc:Pace, Katia Subject:RE: (EXTERNAL) Vote Against The Bueno Avenue Apartments Proposal Date:Wednesday, September 8, 2021 10:44:20 AM Stephanie, Your comments are appreciated and will be shared with the Planning Commission prior to their meeting tonight. If you'd like to participate in that meeting please follow the instructions found on the agenda: http://www.slcdocs.com/Planning/Planning%20Commission/2021/09.%20September/PC 09.08.2021agendaAMENDED.pdf JOHN ANDERSON Manager Planning Division DEPARTMENT of COMMUNITY and NEIGHBORHOODS SALT LAKE CITY CORPORATION TEL CEL 385-226-6479 EMAIL john.anderson@slcgov.com www.SLC.GOV/PLANNING www.ourneighborhoodscan.com "Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately as possible based upon the information provided. However, answers given at the counter and/or prior to application are not binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest any property with development rights." From: Stephanie Anglin Sent: Wednesday, September 8, 2021 10:16 AM To: Planning Public Comments <planning.comments@slcgov.com> Subject: (EXTERNAL) Vote Against The Bueno Avenue Apartments Proposal I am asking you to vote against the proposal for the Bueno Avenue apartments. This rezone will negatively impact the standard of living in the East Central neighborhood. The city should not allow developers to force working-class people to share kitchens. It is becoming ever more clear that COVID-19 isn't going away any time soon. Even without COVID-19, people still get sick and will be forced to use a communal kitchen, threatening the safety of their neighbors. After working all day, would you want to cook in a communal kitchen where you are elbowing your neighbors for space to make dinner? Or would you rather have your own kitchen where you can cook with your family, safely and without as much stress? Furthermore, these apartments will dramatically increase rent in the area. Some micro-apartments in the valley have increased rent by almost 30% in only one year. There are no requirements for affordability in this proposal. This proposal is not a solution to the housing shortage. In fact, these apartments will displace mothers, children, and families. Frankly, this proposal is extremely disrespectful to the people in the East Central area. I am urging you to vote against this disrespectful and harmful proposal. You have the power to change the course of people's lives. Why would you want to put their lives in danger by voting for a proposal like this? Please, do the right thing. Sincerely, Stephanie Anglin From:cindy cromer To:Pace, Katia; Planning Public Comments Subject:(EXTERNAL) Re: zoning amendments: Bueno Ave. Date:Wednesday, September 8, 2021 2:33:19 PM To members of the Planning Commission From cindy cromer comment on zoning amendments: Bueno 9/8/21 part 2 First, thank you for separating the planned development and conditional use from the requests in front of you tonight. The bundling of the 4 requests conveyed that the project was a done deal to tenants, property owners, and business people on the block. Your vote in favor of the rezoning led some tenants to move soon after your vote. Never doubt that what you do and say makes a difference in people's lives. Secondly, the most important thing I learned from Izzy Wagner was the concept of "sweating the land." That is what this proposal does....It pushes the land beyond its carrying capacity, if you can think of a parallel between people and livestock. In previous messages, I have emphasized the development potential on this block and the constraints imposed by the existing condominiums. The staff report emphasizes the existing RMF-45 zoning but the reality is that the condominiums dating from the 1970's and 1990's determine the potential for a large portion of the block. The perimeter can certainly redevelop as RMF-45 and RMU-45 but the interior will be considerably lower based on divided ownership. Standard 1 for a zoning amendment: It has been the City's clear intent to protect the interior block streets in the older portions of the City since the adoption of the SR-3 zone in 1995. Standards 2 and 3 Without a major fire or earthquake and the proposed zoning change, the average height on the interior of this block would continue to be that of the Watts condos. The staff report refers to zoning, but because of the condominiums, the adjacent zoning is irrelevant to the impact on properties which are not going to redevelop. I suspect that you believe that proposals you addressed years ago have now been adopted by the City Council but they haven't been. There is a log jam of ordinances in the City Council office which are relevant to this proposal. You are being asked to support loopholes in ordinances such as housing loss mitigation which should have been taken care of years ago. From:JIM WELLS To:Pace, Katia Subject:(EXTERNAL) Comments on proposed re-zone on129 S. 700 E. Bueno boarding house Date:Wednesday, September 8, 2021 6:54:44 PM I oppose the re-zone for this project for 2 reasons 1. The 4 bedroom apt. described would rent for 4x $900 =$3600/month. That is an expensive apt. especially when you have no control over who your room mates are. 2. Parking depicted appears to account for ~ 20% of the rooms. They would be making a bad situation worse. Thanks , Jim Wells From:Mills, Wayne To:Pace, Katia Cc:Planning Public Comments Subject:FW: (EXTERNAL) Bueno Park Apartment Project 100 S 700 E Date:Monday, September 13, 2021 3:30:26 PM Katia- Please include these comments in your transmittal to the City Council. Thanks. WAYNE MILLS Planning Manager Planning Division DEPARTMENT of COMMUNITY and NEIGHBORHOODS SALT LAKE CITY CORPORATION TEL 801-535-7282 FAX 801-535-6174 WWW.slc.gov/planning Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately as possible based upon the information provided. However, answers given at the counter and/or prior to application are not binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest any property with development rights. From: Casey Walrath < Sent: Monday, September 13, 2021 3:25 PM To: Planning Public Comments <planning.comments@slcgov.com>; Council Comments <Comments.Council@slcgov.com> Subject: (EXTERNAL) Bueno Park Apartment Project 100 S 700 E Regarding the Planning Commission's recent negative recommendation of the proposed Bueno Park apartments zoning and master plan amendment on the 100 S 700 E block, I am disappointed and angry that, in the midst of an unprecedented housing crisis caused primarily by a regional shortage of affordable market-rate units, that a planning commissioner member would oppose an SRO project on the grounds that she "would much rather see a lower scale of development like townhouses" on the site. Simply put, we need more, not less, intensive development in this city, particularly near the downtown area, and for an appointed official whose home value, per county records, has appreciated nearly 40% in just five years to deny an affordable market rate project on the basis of arbitrary aesthetic preferences is deeply insulting to those of us being priced out of the city, whether we as individuals prefer the typology or not. I am writing this as an SLC resident to urge Planning Commission members to remember the needs of people who are not in a position to profit from the housing shortage, and for the council to ignore the commission's recommendation on this project and future ones like it. Thank you. - Casey Walrath 3. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00048 & PLNPCM2021- 00047 - Bueno Avenue Apartments - Zoning Map and Master Plan Amendment - Kevin Perry, representing the property owner, is requesting approval for a master plan and zoning map amendment to accommodate a new residential development, the Bueno Avenue Apartments, at the stated location. The project proposes to consolidate 10 parcels and replace the existing structures with two buildings: a single-story amenity building fronting 700 East and a 4-story rooming (boarding) house on the interior of the site. The rooming house would consist of 65 units ranging from 1 bedroom to 4-bedroom units. The total site is approximately 1.55 acres. This project requires both a Zoning Map and Master Plan Amendment. a. Zoning Map Amendment – The current zoning of 7 of parcels on the site is SR-3, and zoning on 3 of the parcels is RMF-45. As part of the Zoning Amendment the Planning Commission will review a Housing Loss Mitigation Report. The applicant is requesting to amend the zoning map designation of the seven parcels zoned SR-3 to RMF-45. Case number PLNPCM2021-00048 b. Master Plan Map Amendment - The associated future land use map in the Central Community Master Plan currently designates the property as "Medium Density Residential". The petitioner is requesting to amend the future land use map for the parcels to be "Medium High Density Residential". Case number PLNPCM2021-00047 As part of their study, the City Council is holding two advertised public hearings to receive comments regarding the petition. During these hearings, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance on the same night of the second public hearing. The hearing will be held electronically: DATE: TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at www.slccouncil.com to learn how you can share your comments during the meeting. Comments may also be provided by calling the 24-Hour comment line at (801)535- 7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Katia Pace at 385-226-8499 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at katia.pace@slcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or relay service 711. 4. ORIGINAL PETITION 5. 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Ste Park City UT 84098 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: November 16, 2021 RE:Rezone: 835 S Redwood Road & 1668 W Indiana Avenue from R-1/5,000 to R-MU-45 PLNPCM2021-00249 PROJECT TIMELINE: Briefing: November 16, 2021 Set Date: November 16, 2021 Public Hearing: Dec 7, 2021 Potential Action: Dec 7 or 14 2021 ISSUE AT-A-GLANCE The Council will receive a briefing about a proposal that would amend the zoning of properties at approximately 835 South Redwood Road and 1668 West Indiana Avenue from R-1/5,000 (Single-Family Residential District) to R-MU-45 (Residential/Mixed Use District). The property at 1668 West Indiana currently contains an individual single-family dwelling while the other property is vacant. No specific site development proposal has been submitted at this time. However, the applicant has indicated that if the zoning change is approved, they intend to consolidate the parcels and develop a mixed use on the combined property with ground floor commercial/retail and upper floor apartments. The change is consistent with changes identified in the Westside Master Plan which identified the intersection of Redwood and Indiana as the location of a future Community Node. The Planning Commission held a public hearing on June 9, 2021 and forwarded a positive recommendation to the City Council by a majority vote of 4-2. Page | 2 Vicinity and Zoning Map (pages 2-3 of the Planning Commission Staff report) ADDITIONAL INFORMATION Page | 3 Pages 3-6 of the Planning Commission staff reports includes a discussion about the key issues identified by the Planning Staff. A short summary of those is provided below. See the Planning Commission staff report to view the full analysis. 1. Neighborhood and City-Wide Master Plan Considerations Planning Staff found the proposed change is generally in compliance with the Westside Master Plan and vision for this intersection as a future Community Node. A community Node is defined as: o Community nodes are larger in scale than their neighborhood counterparts because they generally offer retail and services that attract people from a larger area. While some existing community nodes do not have residential components, new developments at these locations should incorporate housing. These nodes provide good opportunities to add density with multifamily residential units. Densities should be on the order of 20 to 30 dwelling units per acre with appropriate building forms to complement adjacent lower density uses if necessary. Accessory dwelling units (ADUs), which are fully separate dwelling units that are located on the same lot as the primary residence, may be appropriate at community nodes. ADUs are an effective way to increase density within the stable areas, especially with the community’s deep single-family lots. Retailers such as grocery stores, clothing stores or small professional offices are appropriate anchors for community nodes. These nodes can also be anchored around or include institutional uses, such as churches, schools or daycares. Community nodes should be comfortable and safe for pedestrians and bicyclists while providing some off- site parking that is located behind or to the side of the buildings. Developments around these type of nodes should also be accessible to regular public transportation service.” Planning Staff found the proposed zoning map amendment and overall project is aligned with the vision and guiding principles contained in Plan Salt Lake and are supported by policies and strategies that encourage neighborhoods: that provide a safe environment and opportunity for social interaction, provide people with choices about where they live and support local businesses. 2. Change in Zoning and Compatibility with Adjacent Properties Planning staff found given the location of the property and surrounding zoning, the change in zoning from R-1/5000 to R-MU-45 on these properties would be appropriate in the context of the area and would not lead to changes that are out of character or incompatible with the existing development in the area. The requested R-MU-45 zoning allows for commercial, multi-family and mixed uses that are not allowed under the current zoning. Since the proposed zone abuts single family residential zoning, the height limit in the R-MU-45 zoning district would be strictly limited to 45-feet. o There is not a process to exceed that height. Page | 4 When abutting single or two-family zoning, a landscaping buffer of 10-feet would be required. The side yard setback would have to be increased one foot (1') for every one foot (1') increase in height above thirty feet (30') on the subject property. o The building may be stepped so taller portions of a building are farther away from the side property line 3. Housing Mitigation Loss Requirements If the properties are developed strictly for a commercial use without a residential component, the removal of the existing dwelling would be subject to the provisions of Chapter 18.97 – Mitigation of Residential Housing Loss of City Code. o The applicant would have to pay a mitigation fee for removing the existing housing unit. o The application and process would be reviewed by the Housing Advisory and Appeals Board (HAAB). Note: The Council may wish to ask the Administration for a status update on potential changes to the Housing Loss Mitigation program and Gentrification/Displacement study. 4. Consideration of Alternate Zoning Districts Planning Staff considered and analyzed different zoning districts for the property, including; Corridor Commercial, Residential Mixed Used-35. But ultimately supported the applicant’s request for R-MU-45. PUBLIC PROCESS The public process is outlined on page two of the transmittal letter. It met the standard requirements of noticing surrounding property owners, informing the Community Council and a public hearing at the Planning Commission. No formal comments have been submitted, nor objections raised in regard to the proposed changes. Planning Commission Redwood Road & Indiana Avenue Adjacent Zoning Planning Commission Redwood Road & Indiana Avenue Aerial Overview Planning Commission Westside Master Plan Planning Commission R-MU-45 Limitations by Single-Family ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Redwood Road and Indiana Avenue Zoning Map Amendment STAFF CONTACT: David J. Gellner, AICP, Senior Planner, david.gellner@slcgov.com (385) 226-3860 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to approve an Ordinance to amend the zoning map for the subject properties, changing them from R-1/5000 (Single-Family Residential) to R-MU-45 (Residential/Mixed Use). BUDGET IMPACT: None BACKGROUND/DISCUSSION: Property owner Khiem Tran requesting that the City amend the zoning map for two (2) properties located at 835 S Redwood Road and 1668 W Indiana Avenue respectively. The property at 1668 W Indiana currently contains an individual single-family dwelling while the other property is vacant. The applicant is requesting to change the zoning map designation of the property from R-1/5,000 (Single-Family Residential) to R-MU-45 (Residential/Mixed Use). No specific site development proposal has been submitted at this time. The change is consistent with changes identified in the Westside Master Plan which identified the intersection of Redwood and Indiana as the location of a future Community Node. The Master Plan is not being changed. The subject properties are highlighted on the zoning map/aerial photo below. October 18, 2021 Lisa Shaffer (Oct 19, 2021 16:00 MDT) 10/19/2021 10/19/2021 PUBLIC PROCESS: • Notice of the project and request for comments sent to the Chair of the Poplar Grove Community Council on March 25, 2021. • Staff sent an early notification announcement of the project to all residents and property owners located within 300 feet of the project site on March 25, 2021 providing notice about the project and information on how to give public input on the project. • Staff hosted an online Open House to solicit public comments on the proposal. The Online Open House period started on March 29, 2021 and ended on May 10, 2021. • No formal comments were submitted by the Poplar Grove Community Council. • No public comments were submitted in relation to this proposal. • A Planning Commission Public Hearing was held on June 9, 2021. By a majority vote of 4-2, the Planning Commission forwarded a Positive recommendation to City Council for the proposed zoning map change. Planning Commission (PC) Records a) PC Agenda of June 9, 2021 (Click to Access) b) PC Minutes of June 9, 2021 (Click to Access) c) Planning Commission Staff Report of June 9, 2021 (Click to Access Report) EXHIBITS: 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List SALT LAKE CITY ORDINANCE No. _____ of 2021 (Amending the zoning of the properties located at approximately 835 South Redwood Road and 1668 West Indiana Avenue from R-1/5,000 Single-Family Residential District to R-MU-45 Residential/Mixed Use District.) An ordinance amending the zoning map pertaining to the properties located at 835 South Redwood Road and 1668 West Indiana Avenue from R-1/5,000 Single-Family Residential District to R-MU-45 Residential/Mixed Use District pursuant to Petition No. PLNPCM2021- 00249. WHEREAS, the property owner, Khiem Tran, submitted a petition number PLNPCM2021-00249 (the rezone petition ) to rezone the properties located at 835 South Redwood Road and 1668 West Indiana Avenue (Tax ID Nos. 15-10-205-016 and 15-10-205- 017, respectively -1/5,000 Single-Family Residential District to R- MU-45 Residential/Mixed Use District; and WHEREAS, in addition to the underlying R-1/7,000 and R-1/5,000 zoning, the parcels are further zoned with an overlay zoning designation of Airport Flight Path Protection Overlay; and WHEREAS, at its June 9, 2021 meeting, the Salt Lake City Planning Commission held a public hearing, had discussion, and voted to forward a recommendation of approval to the Salt Lake City Council (the City Council ) on the rezone petition; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance to amend the Salt Lake City zoning map to change the underlying zoning as set forth herein ; and WHEREAS, the City Council desires to retain the overlay designation of the Airport Flight Path Protection Overlay, and, nothing contained herein should be construed to remove that existing designation. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Properties located at 835 South Redwood Road and 1668 West Indiana Avenue, more particularly described and incorporated by reference shall be and hereby are rezoned from R-1/5000 Single-Family Residential District to R-MU-45 Residential/Mixed Use District. SECTION 2.Effective Date. This Ordinance take effect immediately after it has been published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-713 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 20___. Published: ______________. APPROVED AS TO FORM Date:__________________________________ By: ___________________________________ Hannah Vickery,Senior City Attorney 6/17/2021 Legal Description for the Properties to be Rezoned: Address: 835 South Redwood Road Tax ID No. 15-10-205-016 LOT 2, TRAN SUBDIVISION Contains 5,663 sq feet or 0.13 acres more or less. Address: 1668 West Indiana Avenue Tax ID No. 15-10-205-017 LOT 1, TRAN SUBDIVISION Contains 6,432 sq feet or 0.1456 acres more or less. TABLE OF CONTENTS 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List 1. Project Chronology PROJECT CHRONOLOGY PETITION: PLNPCM2021-00249 - Redwood Road & Indiana Avenue Zoning Map Amendment March 22, 2021 Petition for the zoning map amendment received by the Salt Lake City Planning Division March 23, 2021 Petition assigned to David Gellner, Principal Planner, for staff analysis and processing. March 25, 2021 Information about the proposal was sent to the Chair of the Poplar Grove Community Council in order to solicit public comments and start the 45-day Recognized Organization input and comment period. March 25, 2021 Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing information about the proposal and how to give public input on the project. March 29, 2021 Staff hosted an online Open House to solicit public comments on the proposal. The Online Open House period started on March 29, 2021 and ended on May 10, 2021. May 10, 2021 The 45-day public comment period for Recognized Organizations ended. No formal comments were submitted to staff by the recognized organizations to date related to this proposal. May 27, 2021 Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of May 26, 2021. Public hearing notice mailed. May 27, 2021 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the properties. May 27, 2021 The Planning Commission held a Public Hearing on June 9, 2021. By a majority vote of 4-2, the Planning Commission forwarded a Positive recommendation to City Council for the proposed zoning map change. 2. Notice of City Council Public Hearing NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00249 – Zoning Map Amendment at Redwood Road & Indiana Avenue – Khiem Tran, the property owner is requesting that the City amend the zoning map for two (2) properties located at 835 S Redwood Road and 1668 W Indiana Avenue respectively. The property at 1668 W Indiana currently contains an individual single-family dwelling while the other property is vacant. The applicant is requesting to change the zoning map designation of the property from R-1/5,000 (Single-Family Residential) to R-MU-45 (Residential/Mixed Use). No specific site development proposal has been submitted at this time. The change is consi stent with changes identified in the Westside Master Plan which identified the intersection of Redwood and Indiana as the location of a future Community Node. The Master Plan is not being changed. The property is located within Council District 2, represented by Dennis Faris. (Staff contact: David J. Gellner at (385) 226 -3860 or david.gellner@slcgov.com ) As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held electronically: DATE: TIME: 7:00 p.m. PLACE: This will be an electronic meeting pursuant to Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). Please visit https://www.slc.gov/council/news/featured-news/virtually-attend-city- council-meetings/ to learn how you can share your comments live during electronic City Council meetings. If you would like to provide feedback or comment, via email or phone, please contact us at: 801-535-7654 (24- Hour comment line) or by email at: council.comments@slcgov.com . If you have any questions relating to this proposal or would like to review the file, please call David Gellner at 385-226-3860 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at david.gellner@slcgov.com People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711.(P 19-19) 3. Original Petition Zoning Map Amendment - Khiem Tran Date: Mar. 18, 2021 Project Description A statement declaring the purpose for the amendment. The Westside community identified several existing and potential community nodes during outreach and engagement activities. Some nodes were clearly popular choices: Redwood Road at Indiana Avenue is an example of a potential node that was mentioned. The two properties that have Parcel #15102050160000 and 15102050170000 located at 835 S Redwood Road and 1668 W Indiana Avenue Salt Lake City, UT, 84104, respectively, are currently zoned as R-1/5000 (single-family residential), and I propose to change the zone to RMU-45. A description of the proposed use of the property being rezoned. My buildings would support the Westside Master Plan, which designates the intersection of Redwood Road and Indiana Avenue as a "Community Node". Rezoning the property to RMU-45 would allow me to build a complex that supports multi-family apartments and commercial/retail business rather than two single-family homes. Specifically, the ground level of the buildings would be for commercial/retail business. The upper levels would be multi-family apartments. Each floor would have three to four apartments, with either two or three bedrooms and approximately 1200-1400 square feet per apartment. This would promote the desired reinvestment and redevelopment that the Westside Master Plan describes. This location would be appealing to families with easy access to Salt Lake City and the freeway. These buildings would promote reinvestment and redevelopment in the Westside community through changes in land use, improved public infrastructure, and community investment. Businesses such as grocery stores, clothing stores, fast food and sit-down restaurants, and offices would be convenient for both the nearby single-family homes, multi-family residents, and the nearby industrial employees. The Westside Master Plan emphasizes the need to "maximize use of property”. Allowing property owners at the identified community nodes to take full advantage of their properties to add density and commercial intensity to the area will be the best use for the property and its community. A certain percentage of residential development should be required for developments over a certain size, and the density benchmarks should be between 25 to 50 dwelling units per acre. Developers should be encouraged to aim for three to four stories in height, provided appropriate buffering and landscaping can make the new development compatible with any surrounding single-family development. List the reasons why the present zoning may not be appropriate for the area. 1 - The other three corners at the intersection of Redwood Road and Indiana Ave. are currently zoned for commercial use. The northwest and southwest corners are already commercial buildings, and the large property adjacent to the property at the southeast corner is also a commercial building, meaning that it would not be ideal to build two single-family homes at the intersection. 2 - The intersection of Redwood Road and Indiana Ave. is one of the entrances to downtown, so it needs to have an aesthetically-pleasing building to welcome people downtown instead of two simple single-family homes. 3 - Multi-family dwelling units may require less land than a single-family home. My proposal to rezone the properties will create a new look at the Redwood Road at Indiana Avenue Community Node and also contribute a part to making the Community Node more attractive to the community and also support the designations of the Westside Master Plan’s expectations. Because of the reasons stated, my proposal to rezone my properties will benefit the Community Node and its residents. LEVEL 1 FLOOR PLAN LEVEL 2 ( T.O. CMU WALL) LEVEL 3 T.O. FLOOR JOIST STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF- SENERGY STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF-SENERGY STUCCO REVEAL DARK GRAY PARAPET CAP TO MATCH WALL PANEL STUCCO REVEAL T.O. DECK 1 234 7 WINDOWCASEMENT/FIX WINDOW DECORATIVE VERTICAL ALUMINUM BARS STUCCO BAND HARRIER # 3094 CLASSIC FINISH BY BASF-SENERGY STUCCO BAND HARRIER # 3094 CLASSIC FINISH BY BASF-SENERGY CORRUGATED DARK GRAY METAL PANEL SELECT BY OWNER 5 2 6655 7 22 7 733 3 3336 7 7 3 2 3 3 T.O. FRAME WINDOW EYEBROW, TYP. WINDOW LEVEL 1 FLOOR PLAN 100' -0" LEVEL 2 ( T.O. CMU WALL) 108' -8" LEVEL 3 T.O. FLOOR JOIST 119' -0" CASEMENT/FIX WINDOW T.O. DECK 128' -11 1/2" 1 2 3 4 DECK COVERGLASS OVER ALUMINUM CANOPY GLASS OVER ALUMINUM CANOPY CORRUGATED DARK GRAY METAL PANEL SELECT BY OWNER LIGHT FIXTURE DECORATIVE VERTICAL ALUMINUM BARS LIGHT FIXTURE, TYP. AC UNIT, TYP. GUARDRAIL 1 111 1 1 111 4 A603 3 TYP. T.O. FRAME 129'-11" STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF-SENERGY STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF- SENERGY DARK GRAY PARAPET CAP TO MATCH WALL PANEL STUCCO BAND HARRIER # 3094 CLASSIC FINISH BY BASF-SENERGY STUCCO BAND HARRIER # 3094 CLASSIC FINISH BY BASF-SENERGY CORRUGATED DARK GRAY METAL PANEL SELECT BY OWNER 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF- SENERGY 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR OR CONCRETE WALL GLASS OVER ALUMINUM CANOPY 3/16" = 1'-0"1 3/16" = 1'-0"2 FRONT ELEVATION (WEST) BACK ELEVATION (EAST) PROPOSAL 1: MIXED USE DOOR DOORDOORSTOREFRONT STOREFRONTSTOREFRONTRETAIL 1 RETAIL 2 RETAIL 3 ARCHITECTURAL DESIGN CONCEPT OF PROPERTY AT 835 S REDWOOD RD. AND 1668 INDIANA AVE. LEVEL 1 FLOOR PLAN LEVEL 2 ( T.O. CMU WALL) LEVEL 3 T.O. FLOOR JOIST STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF- SENERGY DOOR WITH SIDELIGHT STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF-SENERGY STUCCO REVEAL DARK GRAY PARAPET CAP TO MATCH WALL PANEL STUCCO REVEAL T.O. DECK 1 234 7 WINDOW 4H"X8"WX16"L ELBONY SPLITFACE CMU BY AMCOR GARAGE DOOR COLOR DARK GRAY DOOR WITH SIDELIGHT LIGHT FIXTURE, TYP. CASEMENT/FIX WINDOW DECORATIVE VERTICAL ALUMINUM BARS STUCCO BAND HARRIER # 3094 CLASSIC FINISH BY BASF-SENERGY STUCCO BAND HARRIER # 3094 CLASSIC FINISH BY BASF-SENERGY CORRUGATED DARK GRAY METAL PANEL SELECT BY OWNER 5 2 6655 7 22 7 733 3 3336 7 7 3 2 3 3 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR T.O. FRAME WINDOW EYEBROW, TYP. WINDOW GARAGE DOOR COLOR DARK GRAY GARAGE DOOR COLOR DARK GRAY 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR OR CONCRETE WALL LEVEL 1 FLOOR PLAN LEVEL 2 ( T.O. CMU WALL) LEVEL 3 T.O. FLOOR JOIST CASEMENT/FIX WINDOW T.O. DECK 1 2 3 4 MAIN BREAKER AND METER PANEL 125 AMP, TYP. LIGHT FIXTURE, TYP. DECK COVERGLASS OVER ALUMINUM CANOPY GLASS OVER ALUMINUM CANOPY CORRUGATED DARK GRAY METAL PANEL SELECT BY OWNER DOOR LIGHT FIXTURE DECORATIVE VERTICAL ALUMINUM BARS CORRUGATED DARK GRAY METAL PANEL SELECT BY OWNER 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR LIGHT FIXTURE, TYP. AC UNIT, TYP. GAS METER, TYP. AC UNIT, TYP. GUARDRAIL 1 111 1 1 111 4 A603 3 TYP. T.O. FRAME 129'-11" STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF-SENERGY STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF- SENERGY DARK GRAY PARAPET CAP TO MATCH WALL PANEL STUCCO BAND HARRIER # 3094 CLASSIC FINISH BY BASF-SENERGY STUCCO BAND HARRIER # 3094 CLASSIC FINISH BY BASF-SENERGY CORRUGATED DARK GRAY METAL PANEL SELECT BY OWNER 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR STUCCO MORNING MIST # 751 CLASSIC FINISH BY BASF- SENERGY 4H"X8"WX16"L CMU HONED COLOR NATURAL, BY AMCOR OR CONCRETE WALL CORRUGATED DARK GRAY METAL PANEL SELECT BY OWNER GLASS OVER ALUMINUM CANOPY 3/16" = 1'-0"1 3/16" = 1'-0"2 FRONT ELEVATION (WEST) BACK ELEVATION (EAST) PROPOSAL 2: TOWNHOMES ARCHITECTURAL DESIGN CONCEPT OF PROPERTY AT 835 S REDWOOD RD. AND 1668 INDIANA AVE. 4. Mailing List OWN_FULL_NAME OWN_ADDR OWN_CITY OWN_STATE OWN_ZIPVU LINH CAO 1785 MAPLE HILLS DR.      BOUNTIFULUT 84010RUSTED SPUR LLC 1717 S REDWOOD RD         SALT LAKE CITY UT 84104SILVER ANTLER, LLC 1717 S REDWOOD RD         SALT LAKE CITY UT 84104BKR HOLDINGS, LLC5845 CRESTRIDGE ROAD      BILLINGS MT 59101GARY D TAYLOR 1676 W 800 S              SALT LAKE CITY UT 84104THANH V TRAN TRUST 08/21/2017; HUONG T.M. LE TR 2852 W MATTERHORN DR      TAYLORSVILLE UT 84129MARGARET VALERIO 1660 W 800 S              SALT LAKE CITY UT 84104GUSTAVO CARRILLO; MELITZA MEJIA CENTENO 1652 W 800 S              SALT LAKE CITY UT 84104BLAKE A BACKUS; JERALD J THOMPSON (JT) 1644 W 800 S             SALT LAKE CITY UT 84104ROGELIO RODRIGUEZ 1675 W 800 S              SALT LAKE CITY UT 84104THANH V TRAN TRUST 08/21/2017; HUONG T.M. LE TR 2852 W MATTERHORN DR      TAYLORSVILLE UT 84129KENT V LIVINGSTON 1659 W 800 S              SALT LAKE CITY UT 84104RANDY L BINGHAM; SERENA L BINGHAM 1651 W 800 S              SALT LAKE CITY UT 84104RENE LEYVA 1643 W 800 S              SALT LAKE CITY UT 84104RICHARD W YOUNG 1635 W 800 S              SALT LAKE CITY UT 84104BRANDON PERRY 1656 W INDIANA AVE        SALT LAKE CITY UT 84104BLUEMOUNTAIN INC 2441 S 1560 W             WOODS CROSS UT 84087ANTONIO A FUENTES; MARIA R FUENTES (JT) 1644 W INDIANA AVE        SALT LAKE CITY UT 84104MIKE NIELSON; KELLY E NIELSON (JT) 1638 W INDIANA AVE        SALT LAKE CITY UT 84104KHIEM T TRAN; YEN TRAN (JT) 5830 S STONE BLUFF WY     SALT LAKE CITY UT 84118D. AMY WILLIAMS 1657 W INDIANA AVE        SALT LAKE CITY UT 84104D E WILLIAMS 1651 W INDIANA AVE        SALT LAKE CITY UT 84104JAMES A LEROY; LISA M LEROY (JT) 1647 W INDIANA AVE        SALT LAKE CITY UT 84104MARY ROBERTS 1639 W INDIANA AVE        SALT LAKE CITY UT 84104HASIB ODOBASIC 6308 S TIMPANOGOS WY      TAYLORSVILLE UT 84129APPLIED INSTALLATION AND ERECTION INC 875 S REDWOOD RD          SALT LAKE CITY UT 84104UTAH DEPARTMENT OF TRANSPORTATION PO BOX 148420             SALT LAKE CITY UT 84114Current Occupant 836 S REDWOOD RD Salt Lake City UT 84104Current Occupant 762 S REDWOOD RD Salt Lake City UT 84104Current Occupant 1720 W INDIANA AVE Salt Lake City UT 84104Current Occupant 850 S REDWOOD RD Salt Lake City UT 84104Current Occupant 1668 W 800 S  Salt Lake City UT 84104Current Occupant 811 S REDWOOD RD Salt Lake City UT 84104Current Occupant 1667 W 800 S  Salt Lake City UT 84104Current Occupant 1648 W INDIANA AVE Salt Lake City UT 84104Current Occupant 835 S REDWOOD RD Salt Lake City UT 84104Current Occupant 1668 W INDIANA AVE Salt Lake City UT 84104Current Occupant 1633 W INDIANA AVE Salt Lake City UT 84104Salt Lake City Planning ‐  David GellnerPO BOX 145480 Salt Lake City  UT 84114 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 16, 2021 RE: Alley Vacation at 1200 Block of Kensington and Bryan Avenues PLNPCM2021-00413 ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate an east/west City-owned alley from the McClelland Trail (~1200 East) to 1300 East between homes on Kensington and Bryan Avenues. It is approximately 11 feet wide and 717 feet long, adjacent to 28 properties on Kensington and Bryan Avenues, and homes at 1542 and 1550 South 1300 East. The alley does not continue west beyond the McClelland Trail or east of 1300 East. It should be noted access to and use of the McClelland Trail will not be impacted if the alley is vacated. The applicant included signatures supporting the alley vacation from 23 of the 28 adjacent property owners. None of the remaining property owners have communicated any objection to Planning or Council staff as of the date of this report. During City department and division review of the alley vacation application, the Engineering Division objected to the proposal stating the division gererally opposes any vacation of rights-of-way. Rocky Mountain Power stated establishing an 11’ wide utility easement on the alley property would be acceptable. The applicant is aware of and amenable to a utility easement. The subject alley is impassable due to a garage obstructing access at the east end and various encroachments from other abutting properties. Historic photographs indicate the structure at the alley’s eastern end and potentially other encroachments have been in place since at least 1970. Planning staff stated that other than a curb cut and some concrete slabs to access the garage from 1300 East, there is little evidence the alley ever existed through the block other than on paper. Item Schedule: Briefing: November 16, 2021 Set Date: November 16, 2021 Public Hearing: December 7, 2021 Potential Action: December 14, 2021 Page | 2 Planning staff recommended and the Planning Commission forwarded a positive recommendation to vacate the alley to the City Council. In its recommendation the Commission also included a condition to establish a public utility easement along the alley property. If approved by the City Council, the subject alley property would be vacated and incorporated into abutting property owners’ parcels. Image courtesy Salt Lake City Planning Division Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. POLICY QUESTION 1. If the Council is supportive of this alley closure request, will it include the public utilities easement recommendation? ADDITONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 5 - 7 below). 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. The Planning Commission staff report provides information relating to the following five key considerations related to this alley vacation. A short description of each issue is provided below for reference. Please see pages 3-4 of the Planning Commission staff report for full analysis of these issues. Page | 3 1. Property Owner Consent Section 14.52.030.A.1 Salt Lake City Code states “the petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuse the subject alley property.” As noted above, 23 of 28 abutting property owners (82%) signed the petition supporting the alley vacation. 2.Policy Considerations City Code states alley vacations will be considered only when proposals satisfy at least one of the following policy considerations: Lack of Use; Public Safety; Urban Design; Community Purpose. Planning staff found the proposed alley vacation is consistent with the lack of use policy consideration. It is Planning staff’s belief sidewalks on Kensington and Bryan Avenues are a sufficient connection between the McClelland Trail and 1300 East. 3.Master Plan Considerations Planning staff found using the subject alley as a pedestrian walkway would be redundant in accomplishing the goals of the Central Community Master Plan and Plan Salt Lake recommendations for mid-block access and connections. The McClelland Trail provides north/south access, and as discussed above, sidewalks on Kensington and Bryan Avenues are east/west connections between the trail and 1300 East. 4.Nature of the Alley As noted above, there is little evidence the alley existed other than on paper. Attachment B (pages 6-12 of the Planning Commission staff report) includes aerial photographs of the alley and ground level photos of the eastern and western ends of the alley. 5. Future Public Use of the Alley Planning staff stated providing pedestrian or vehicle access to the alley would require significant City resources to remove trees and buildings and pave the alley. It would also likely be unpopular with adjacent residents. Planning noted the power lines currently running through the alley and stated a utility easement within the alley would preserve access for public utility providers. Attachment D (pages 32-34 of the Planning Commission staff report) is an analysis of factors City Code requires the Planning Commission to consider for alley vacations (Section 14.52.030 B Salt Lake City Code). In addition to the information above, other factors are summarized below. Planning staff found the proposed alley vacation complies with seven of the eight factors below. For the complete analysis, please refer to the staff report. City Code required analysis: 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. Finding: Does not comply. As noted above, City Engineering objected to the alley vacation. According to Engineering staff, the division generally opposes any vacation of public rights-of-way. Other City departments and divisions had no issues with the proposal or provided no comments. Rocky Mountain Power stated establishing an 11’ wide utility easement on the alley property would be acceptable. City Code required analysis: The petition meets at least one of the policy considerations for closure, vacation or abandonment of City owned alleys (Lack of Use, Public Safety, Urban Design, Community Purpose). Page | 4 Finding: Complies. Planning staff determined the proposed alley vacation satisfies the Lack of Use policy consideration. City Code required analysis: The petition must not deny sole access or required off-street parking to any adjacent property. Finding: Complies. No abutting properties use the subject alley for required off-street parking. City Code required analysis: The petition will not result in any property being landlocked. Finding: Complies. All abutting properties have public street access. No property would be landlocked as a result of this alley vacation request. City Code required analysis: The disposition of the alley property will not result in a use 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. Finding: Complies. Vacating the subject alley will not create or result in any use that is contrary to City policies. The residential character of the block would remain essentially the same as it is now since all abutting properties already encroach on the subject alley. City Code required analysis: 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 12 months of issuance of the building permit. Finding: Complies. While five abutting property owners did not sign the initial petition, they have not raised any opposition to the vacation. Additionally, as of the publishing date of this report, the Building Services Division has not received any building permit application to construct a garage that would use the existing public right of way for access. City Code required analysis: The petition furthers the City preference for disposing of an entire alley, rather than a small segment of it. Finding: Complies. The applicant has requested to vacate the entire length of the alley between 1300 East and the McClelland Trail (Jordan & Salt Lake City Canal). No segment would remain if the vacation were approved. City Code required analysis: The alley property is not necessary for actual or potential rear access to residences or for accessory uses. Finding: Complies. None of the properties abutting the subject alley use it for rear access. PUBLIC PROCESS June 7, 2021-Notice of the alley vacation request sent to the East Liberty Park and Wasatch Hollow Community Council Chairs with a link to the online open house webpage. Neither community council asked Planning staff or the applicant to attend one of their meetings. The Wasatch Hollow Community Council expressed support for the proposed alley vacation provided it does not interfere with the Jordan and Salt Lake Canal (which it does not). Early notification announcement sent to residents and owners within 300 feet of the subject alley. The notice included information about the online open house webpage and how to provide public comment. July 15, 2021-Public Hearing notice mailed. July 16, 2021-Public notice posted on City and State websites and Planning Division listserv. Page | 5 July 28, 2021-Planning Commission public hearing. There were no comments at the hearing. The Commission closed the hearing and voted to forward a positive recommendation to the City Council. The process for closing or vacating a City-owned alley is outlined in Section 14.52 Salt Lake City Code. 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. 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 onsite 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 Page | 6 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; 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. 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. Page | 7 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. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: October 18, 2021 Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2021-00413 - Alley Vacation at 1200 Block of Kensington and Bryan Avenues STAFF CONTACT: Aaron Barlow, Principal Planner, aaron.barlow@slcgov.com, 385-386-2764 DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council follows the Planning Commission’s recommendation to approve the ordinance to Vacate the Alley located within the 1200 Block of Kensington and Bryan Avenues on the condition that a public utility easement is established in its place. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This is a request from Steven Black, property owner of 1236 East Kensington Avenue, representing the property owners of the adjacent parcels, to vacate the 11-foot-wide, 717-foot-long alley located within the 1200 block of East Kensington and Bryan Avenues that runs east to west from 1300 East to the McClelland Trail (Jordan & Salt Lake City Canal). The petition to vacate the alley was signed by 23 of the 28 owners of property abutting the alley. The alley is essentially unused as a public right of way and impassible to travel because of encroachment from the adjacent properties. The intent of the request is to incorporate the unused alley into the adjacent properties. With their positive recommendation, the Planning Commission recommended establishing a public utility easement in the alley’s place. Additional information regarding this request can be found in Planning Commission Record C, (Planning Commission Staff Report of July 28, 2021). Lisa Shaffer (Oct 19, 2021 15:56 MDT) 10/19/2021 10/19/2021 PUBLIC PROCESS: • Staff sent an early notification announcement of the project to all residents and property owners located within 300 feet of the subject Alley on June 7, 2021. • Notice was also sent to the Chairs of the East Liberty Neighborhood Organization and Wasatch Hollow Community Council on June 7, 2021. • Staff hosted an online open house to solicit public comments on the proposal. The online Open House period started on June 7, 2021 and ended on July 14, 2021. • Staff received letters from both the East Liberty Neighborhood Organization and the Wasatch Hollow Community Council. They were included with the Planning Commission report. • Staff also received seven public comments, which were included with the Planning Commission report. • The Planning Commission held a Public Hearing for this request on July 28, 2021. By a vote of 5-1, they forwarded a positive recommendation to the City Council for the proposed Alley Vacation with the condition that a utility easement be established in its place. Planning Commission (PC) Records A. PC Agenda of July 28, 2021 (Click to Access) B. PC Minutes of July 28, 2021 (Click to Access) C. Planning Commission Staff Report of July 28, 2021 (Click to Access Report) EXHIBITS: 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List SALT LAKE CITY ORDINANCE No. ________ of 20___ (Vacating a city-owned alley situated in the Amended Plat of Whitaker Subdivision of Lots 18 and 19, Block 16A, 5Acre Plat A. Big Field Survey located between lots 1-55 running from 1300 East Street and the Salt Lake & Jordan Canal) An ordinance vacating an 11 foot wide unnamed city-owned alley situated in the Amended Plat of Whitaker Subdivision of Lots 18 and 19, Block 16A, 5Acre Plat A. Big Field Survey located between lots 1-55 running from 1300 East Street and the Salt Lake & Jordan Canal, pursuant to Petition No. PLNPCM2021-00413. WHEREAS, an 11 foot wide public alley running east and west through Block 2 of the Amended Plat of Whitaker Subdivision of Lots 18 and 19, Block 16A, 5 Acre Plat A. Big Field Survey was dedicated for public use; WHEREAS, the City has authority by state law to vacate public streets, including alleys; WHEREAS, the Salt Lake City Planning Commission (the “planning commission”) held a public hearing on July 28, 2021, to consider a request made by Steven Black (“Applicant”) (Petition No. PLNPCM2021-00413) on behalf of the alley’s 28 adjacent property owners; and WHEREAS, at its July 28, 2021, hearing, the planning commission voted in favor of forwarding a positive recommendation on said petition to the Salt Lake City Council; WHEREAS, the Salt Lake City Council (the “city council”) held a legally notified public hearing as per section 10-9a-208 of the Utah Code on _____________; WHEREAS, the city council finds after holding a public hearing on this matter, that the city’s interest in the city-owned alley as more particularly described in Exhibit A,” attached hereto and incorporated by reference, is reflected on a plat; however, the alley has been materially blocked in a way that renders it unusable as a public right of way; WHEREAS, the City Council finds that there is good cause for the vacation of the alley and neither the public interest nor any person will be materially injured by the proposed vacation; and WHEREAS, the City Council finds that the vacation of the alley upon the conditions set forth herein are in the best interest of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating City-Owned Alley. That an unnamed, city-owned alley situated in the Amended Plat of Whitaker Subdivision of Lots 18 and 19, Block 16A, 5Acre Plat A. Big Field Survey located between lots 1-55 running from 1300 East Street and the Salt Lake & Jordan Canal, which is the subject of Petition No. PLNPCM2021-00413, and which is more particularly described in Exhibit “A” attached hereto, hereby is, vacated and declared not presently necessary or available for public use. SECTION 2. Reservations and Disclaimers. The vacation is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, including the city’s water and sewer facilities. Said vacation is also subject to any existing rights-of-way or easements of private third parties. SECTION 3. Conditions. This proposed alley vacation is conditioned upon the following: 1.) A reservation of easement, evidenced by a declaration of easement, recorded by and for the benefit of the City for purposes of the use and location of public utilities. SECTION 4. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The city recorder is instructed not to publish or record this ordinance until Real Estate Services certifies that the condition has been satisfied. SECTION 5. Time. If the conditions identified above have not been met within one year after adoption, this ordinance shall become null and void. The city council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 20___. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 20___ Published: ______________. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Hannah Vickery, Senior City Attorney 9/22/21 EXHIBIT “A” Legal description of the unnamed, city-owned alley to be vacated: AN 11.00 FOOT WIDE ALLEY TO BE VACATED WITHIN BLOCK 2 OF WHITAKER SUBDIVISION AMENDED, SALT LAKE CITY, SALT LAKE COUNTY, UTAH MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE MONUMENT IN THE INTERSECTION OF KENSINGTON AVENUE & 1300 EAST STREET (POC); THENCE S89⁰56’37W ALONG THE MONUMENT LINE IN KENSINGTON AVENUE (BASIS OF BEARINGS) A DISTANCE OF 6.55 FEET AND S00⁰10’33”W A DISTANCE OF 29.18 FEET TO THE NORTHEAST CORNER OF BLOCK 2, WHITAKER SUBDIVISION AMENDED, AND CONTINUING S00⁰10’33”W ALONG THE EAST LINE OF BLOCK 2 (ALSO THE EAST LINE OF LOT 55) A DISTANCE OF 105.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT 55 TO THE POINT OF BEGINNING (POB). THENCE N89⁰55’03”W ALONG THE SOUTH LINES OF LOTS 29-55 A DISTANCE OF 715.62 FEET TO THE SOUTHWEST CORNER OF LOT 29; THENCE S06⁰32’02”W A DISTANCE OF 3.96 FEET; THENCE S13⁰00’36”W A DISTANCE OF 7.25 FEET TO THE NORTHWEST CORNER OF LOT 28 OF SAID BLOCK; THENCE S89⁰55’03”E ALONG THE NORTH LINES OF LOTS 1-28 A DISTANCE OF 717.67 FEET TO THE NORTHEAST CORNER OF LOT 1 AND A POINT ON THE EAST LINE OF SAID BLOCK 2; THENCE N00⁰10’33”E ALONG THE EAST LINE OF BLOCK 2 A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.18 ACRES. TABLE OF CONTENTS 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List 1. Project Chronology PROJECT CHRONOLOGY Petition: PLNPCM2021-00413 – Alley Vacation at 1200 Block of Kensington and Bryan Avenues April 27, 2021 Petition for Alley Vacation received by the Planning Division. May 27, 2021 Petition assigned to Aaron Barlow, Principal Planner, for staff analysis and processing. June 7, 2021 Notice of the project and request for comments sent to the Chairs of the East Liberty Neighborhood Organization and the Wasatch Hollow Community Council. June 7, 2021 Staff hosted an online Open House to solicit public comments on the proposal. The online open house period started on June 7, 2021, and ended on July 14, 2021. July 14, 2021 Public Hearing Notice posted on City and State websites and sent via the Planning listserv for the July 28, 2021, Planning Commission meeting. Public hearing notice mailed to owners and tenants of property within 300 feet of the alley. July 16, 2021 Public hearing notice sign with project information posted around block containing subject alley. July 28, 2021 Planning Commission reviewed the petition and conducted a public hearing. The Commission then voted to send a positive recommendation to the City Council. 2. Notice of City Council Public Hearing NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00413 - Alley Vacation at 1200 Block of Kensington and Bryan Avenues - This is a request from Steven Black, representing the property owners of the adjacent parcels, to vacate the 11- foot wide alley within the 1200 block of East Kensington and Bryan Avenues that runs east to west from 1300 East to the McClelland Trail. The intent of the request is to incorporate the unused alley into the adjacent properties. The subject alley is located within the R-1/5,000 Single-Family Residential District and is within Council District 5, represented by Darin Mano. (Staff contact: Aaron Barlow at 385-386-2764 or aaron.barlow@slcgov.com). As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held: DATE: TIME: 7:00 p.m. PLACE: This will be an electronic meeting pursuant to Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). Please visit slc.gov/council/news/featured- news/virtually-attend-city-council-meetings-2/ to learn how you can share your comments live during electronic City Council meetings. If you would like to provide feedback or comments via email or phone, please contact us through our 24-hour comment line at 801-535-7654 or by email at council.comments@slcgov.com. If you have any questions relating to this proposal or would like to review the file, please call Aaron Barlow at 385-386-2764 between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday or via e-mail at aaron.barlow@slcgov.com. The City & County Building is an accessible facility. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535- 7600, or relay service 711. 3. Original Petition 4. Mailing List NAME ADDRESS CITY STATE ZIP W&NE FAM TR 10023 S WASATCH BLVD     SANDY UT 84092 KATELIN GOINGS 1089 S MCCLELLAND ST     SALT LAKE CITY UT 84105 ALEXANDER A ZUHL 1147 S 1300 E            SALT LAKE CITY UT 84105 MARGARET D & MARK K MEYERS 1165 E KENSINGTON AVE    SALT LAKE CITY UT 84105 CECILY A LIGHT 1167 E BRYAN AVE         SALT LAKE CITY UT 84105 JOHN W BRANSON 1170 E BRYAN AVE         SALT LAKE CITY UT 84105 MICHAEL HESS 1172 E BRYAN AVE         SALT LAKE CITY UT 84105 TIFFANY ROUSCULP & CHRIS LIPPARD 1172 E EMERSON AVE       SALT LAKE CITY UT 84105 CAROL SHINKOSKEY 1175 E BRYAN AVE         SALT LAKE CITY UT 84105 KLAIR WHITE 1176 E BRYAN AVE         SALT LAKE CITY UT 84105 ELLEN E GOLDBERG & CLONTON PERSCHON 1177 E BRYAN AVE         SALT LAKE CITY UT 84105 SHELLEY L HENSON 1179 E KENSINGTON AVE    SALT LAKE CITY UT 84105 JAMIE CHRISTENSEN; DI GIACOMO, LISA CHRISTENSEN 1179 E MILTON AVE        SALT LAKE CITY UT 84105 FELICIA ALVAREZ 1180 E KENSINGTON AVE    SALT LAKE CITY UT 84105 JAKE C & SUZANNE RICKER 1182 E KENSINGTON AVE    SALT LAKE CITY UT 84105 ASHLIN V SMITH 1184 E BRYAN AVE         SALT LAKE CITY UT 84105 MATTHEW RAY & MADISON BLOCKER 1186 E EMERSON AVE       SALT LAKE CITY UT 84105 DAVID M SUHRE & BRIDGET A FARFEL 1188 E KENSINGTON AVE    SALT LAKE CITY UT 84105 HOA HOANG 1189 E BRYAN AVE         SALT LAKE CITY UT 84105 GREG & EMILY VANDYKE 1193 E KENSINGTON AVE    SALT LAKE CITY UT 84105 PEGGY ANDERSON 1195 E MILTON AVE        SALT LAKE CITY UT 84105 CHRISTINE E JAHJA &INGRID B BLANKEVOORT 1199 E BRYAN AVE         SALT LAKE CITY UT 84105 ALEXANDER J ALLEN 1206 E EMERSON AVE       SALT LAKE CITY UT 84105 THOMAS A & LESLIE A KEMP 1207 E KENSINGTON AVE    SALT LAKE CITY UT 84105 MICHAEL J & JILL NICOLE MOSDELL 1211 E BRYAN AVE         SALT LAKE CITY UT 84105 ERICK R BILLETDEAUX & STEPHANIE J ATHERTON 1212 E KENSINGTON AVE    SALT LAKE CITY UT 84105 MARC MOODY 1216 E BRYAN AVE         SALT LAKE CITY UT 84105 RICHELLE RASMUSSEN & ANDREA T JAGER 1218 E BRYAN AVE         SALT LAKE CITY UT 84105 STEVEN L & JUNE A OLSEN 1218 E EMERSON AVE       SALT LAKE CITY UT 84105 JESSICA THOMAS 1218 E WOOD AVE          SALT LAKE CITY UT 84105 JOHN G ALLEMAN 1220 E KENSINGTON AVE    SALT LAKE CITY UT 84105 ANDREW C & HANNAH E ETHERINGTON 1225 E BRYAN AVE         SALT LAKE CITY UT 84105 JRH FAM TRUST 1225 E KENSINGTON AVE    SALT LAKE CITY UT 84105 RODNEY J GORDON 1226 E EMERSON AVE       SALT LAKE CITY UT 84105 SHAHRAM KARAKHANI 1226‐1228 E WOOD AVE     SALT LAKE CITY UT 84105 CHAD M & PAMELA A SALVADORE 1228 E BRYAN AVE         SALT LAKE CITY UT 84105 JEFFREY A C LEFAVOR 1229 E KENSINGTON AVE    SALT LAKE CITY UT 84105 WENDY L NELSON 1230 E EMERSON AVE       SALT LAKE CITY UT 84105 RUDY J & YVONNE M SCHENK 1230 E KENSINGTON AVE    SALT LAKE CITY UT 84105 RUSSELL E COSTA 1233 E BRYAN AVE         SALT LAKE CITY UT 84105 PAVLIK‐LOUDERBACK REVOCABLE TRUST 1233 E KENSINGTON AVE    SALT LAKE CITY UT 84105 DANIELLE & ELIJAH SZASZ 1234 E BRYAN AVE         SALT LAKE CITY UT 84105 DARRELL L PETERSEN 1234 E WOOD AVE          SALT LAKE CITY UT 84105 STEVE BLACK 1236 E KENSINGTON AVE    SALT LAKE CITY UT 84105 JOI T MATSUKAWA 1236 E WOOD AVE          SALT LAKE CITY UT 84105 KRISTEN AMEEL 1238 E BRYAN AVE         SALT LAKE CITY UT 84105 BICYCLE KICK, LLC 124 19TH ST              HERMOSA BEACH CA 90254 AARON BARLOW 1242 E EMERSON AVE       SALT LAKE CITY UT 84105 J RICH WHITTAKER 1244 E KENSINGTON AVE    SALT LAKE CITY UT 84105 MICHAEL K KING 1246 E WOOD AVE          SALT LAKE CITY UT 84105 ZAHRA GHORBANI 1247 E BRYAN AVE         SALT LAKE CITY UT 84105 WILL JAMISON 1248 E WOOD AVE          SALT LAKE CITY UT 84105 CHRISTOPHER A & SARAH H TAYLOR 1250 E EMERSON AVE       SALT LAKE CITY UT 84105 PATRICK WILSON 1250 E KENSINGTON AVE    SALT LAKE CITY UT 84105 PETER REGIS & THOMAS CHILTON BENNETT 1253 E BRYAN AVE         SALT LAKE CITY UT 84105 STEVENSON FAMILY TRUST 1255 E KENSINGTON AVE    SALT LAKE CITY UT 84105 RALPH D & COLLEEN S CHIPMAN FAMILY TRUST 1256 E KENSINGTON AVE    SALT LAKE CITY UT 84105 HAYES, DELBERT K & HONG‐HAYES, HUI C 1258 E WOOD AVE          SALT LAKE CITY UT 84105 JENNA M PIKE 1259 E BRYAN AVE         SALT LAKE CITY UT 84105 LWH LIV TRUST 1260 E EMERSON AVE       SALT LAKE CITY UT 84105 DUNCAN HILTON 1262 E WOOD AVE          SALT LAKE CITY UT 84105 WILHELM KAPFHAMMER 1265 E BRYAN AVE         SALT LAKE CITY UT 84105 LISA C KRILEY 1266 E KENSINGTON AVE    SALT LAKE CITY UT 84105 JODIE L SWANSON 1268 E WOOD AVE          SALT LAKE CITY UT 84105 PAUL GREGORY RUBIN 1271 E KENSINGTON AVE    SALT LAKE CITY UT 84105 STEPHEN GRAY & KRISTINE FERREIRA 1273 E KENSINGTON AVE    SALT LAKE CITY UT 84105 VIRGIL L & MIRIAM MERRILL 1276 E BRYAN AVE         SALT LAKE CITY UT 84105 TERRY K SMITH & EILEEN NAUGHTON 1276 E KENSINGTON AVE    SALT LAKE CITY UT 84105 BRIAN P DANG 1280 E KENSINGTON AVE    SALT LAKE CITY UT 84105 JASON ALBINO & CARI LYNN NICHOLSON 1284 E BRYAN AVE         SALT LAKE CITY UT 84105 JEFFERY C & NICOLE R BECK 1315 E BRYAN AVE         SALT LAKE CITY UT 84105 NICHOLAS W & JODI L NORRIS 1319 E KENSINGTON AVE    SALT LAKE CITY UT 84105 MARC KORBULY 1321 E KENSINGTON AVE    SALT LAKE CITY UT 84105 ANDERSEN, KAI A & ILENE S; TRS 1323 E BRYAN AVE         SALT LAKE CITY UT 84105 DAVID & DENA DEBRY 1324 E BRYAN AVE         SALT LAKE CITY UT 84105 RYAN S & BETH A STUTSMAN 1324 E KENSINGTON AVE    SALT LAKE CITY UT 84105 CHRISTINA & JEREMY FALK 1327 E BRYAN AVE         SALT LAKE CITY UT 84105 LOUIS W PITT 1330 E KENSINGTON AVE    SALT LAKE CITY UT 84105 WILLIAM C & JOANN HANSON 1332 E BRYAN AVE         SALT LAKE CITY UT 84105 HECTOR JR & MARLENE SUAREZ 1371 S EMERY ST          SALT LAKE CITY UT 84104 1175 MILTON LLC 14029 S 8TH PL           PHOENIX AZ 85048 JACKIE & PAUL EDGCOMB 1405 US HIGHWAY 130      HIGHTSTOWN NJ 08520 M. KEITH & ELLIE D. PENDLETON 1514 S 1300 E            SALT LAKE CITY UT 84105 EMOND, ABRAHAM M & HEUSCHER, SONJA A 1515 SCENIC LOOP         FAIRBANKS AK 99709 MATTHEW A BARRAZA & RICHARD ANTHONY MILLER 1520 S 1300 E            SALT LAKE CITY UT 84105 JULIE A STOUT 1535 S 1300 E            SALT LAKE CITY UT 84105 WILLIAM V & TAMARA RUESCH 1536 S 1300 E            SALT LAKE CITY UT 84105 WILFORD W WHITAKER & SUSAN ANN BOHNING 1537 S 1000 E            SALT LAKE CITY UT 84105 JEFFERY OLESEN 1541 S 1300 E            SALT LAKE CITY UT 84105 LEANN KAMAU 1549 S 1300 E            SALT LAKE CITY UT 84105 ALBORZ GHANDEHARI 1550 S 1300 E            SALT LAKE CITY UT 84105 JIMMY KHUE NGO 1567 S 1300 E            SALT LAKE CITY UT 84105 DNH REV TRUST 1570 S 1300 E            SALT LAKE CITY UT 84105 MICHAEL MIKE VARDAKIS 1573 S 1300 E            SALT LAKE CITY UT 84105 BV 1300 EAST, LLC 1580 S 1300 E            SALT LAKE CITY UT 84105 RICHARD ANDREW GODFREY & JOSEPH PIETRAFESA 1588 S 1300 E            SALT LAKE CITY UT 84105 CHRISTOPHER C LINDSEY & LAURA E GILCHRIST 1589 S 1300 E            SALT LAKE CITY UT 84105 BLAKE & SUSANNA G KARRINGTON 1593‐1595 S 1200 E       SALT LAKE CITY UT 84105 MJRFT 1646 S DEVONSHIRE DR     SALT LAKE CITY UT 84108 W.J.H. PROPERTY, LLC 1694 E MILLBROOK RD      MILLCREEK UT 84106 PARTH GANDHI 1809 E MICHIGAN AVE      SALT LAKE CITY UT 84108 CLOVER ENTERPRISES, LLC 187 E DORCHESTER DR      SALT LAKE CITY UT 84103 SUGAR HOUSE PROJECT LLC 1943 BEAR HOLLOW DR      PARK CITY UT 84098 MOUNTAIN SUNSHINE LLC 2466 S PROMONTORY DR     SALT LAKE CITY UT 84109 VINCENT & EUGENIA DREYER 2553 N CYPRESS WAY       LEHI UT 84043 MARK ALDER 2779 E 2880 S            MILLCREEK UT 84109 MIRIAM ELLIS 2883 E BELTON CIR        SANDY UT 84093 ANTON BURTSEV & GANNA M SHESTAKOVA 3007 BARCLAY WAY         ANN ARBOR MI 48105 STEPHEN A REGAN 3031 E MORNINGSIDE DR    HOLLADAY UT 84124 KIMBERLY NORMAN & DALE W HARRELL JR 3166 S 2700 E            MILLCREEK UT 84109 BENJAMIN M & MARY W WHEELER 4065 S EVELYN DR         SALT LAKE CITY UT 84124 HMTW INVESTMENT LLC 4088 W 1630 N            LEHI UT 84043 LEHUA 1224, LLC 4115 NE 66TH AVE         PORTLAND OR 97218 CAMASASLC, LLC 4275 PALOMINO CIR        RENO NV 89519 JESSE J HEINEMAN & KIMBERLY S SHELDON 4512 GARDEN RD           KNOXVILLE TN 37919 KOTA & ANASTASIA IKEDA 4666 MISSION AVE # 5     SAN DIEGO CA 92116 SUZANNE DOUTRE 4762 S NANILOA DR        HOLLADAY UT 84117 RVM REV TR 5141 S EASTMOOR RD       HOLLADAY UT 84117 INDY REVOCABLE TRUST 516 DAWSON RD            AUSTIN TX 78704 HIRSCHEL ADLER PROPERTIES LLC 6 STILLWATER             IRVINE CA 92603 TIMOTHY S & CAMILLE ALEXANDER 6127 SW NEVADA CT        PORTLAND OR 97219 CLG LIV TR 6149 GLEN OAK ST         LOS ANGELES CA 90068 JON K SIMONSEN & PHILLIP MOULTON 69 BRUCKNER BLVD APT 3   BRONX NY 10454 DAVID BODELL & TRISHA CALLELLA 8680 SHANNON RIVER CIR   FOUNTAIN VALLEY CA 92708 DENNIS OWENS 921 S GREENWOOD TER      SALT LAKE CITY UT 84105 JOSE T & MARIA S TOFOLLA 962 W 200 S              SALT LAKE CITY UT 84104 PLATINUM CENTURY INVESTMENTS LLC 965 S MILITARY DR        SALT LAKE CITY UT 84108 MELROY & DONNA HARWARD 9928 S TREASURE CIR      SOUTH JORDAN UT 84095 ELEANOR M MILLER PO BOX 521141            SALT LAKE CITY UT 84152 ALAN T & TINA M DROEGEMEIER PO BOX 526383            SALT LAKE CITY UT 84152 Current Occupant 1178 E EMERSON AVE SALT LAKE CITY UT 84105 Current Occupant 1180 E EMERSON AVE SALT LAKE CITY UT 84105 Current Occupant 1163 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1185 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1234 E EMERSON AVE SALT LAKE CITY UT 84105 Current Occupant 1236 E EMERSON AVE SALT LAKE CITY UT 84105 Current Occupant 1256 E EMERSON AVE SALT LAKE CITY UT 84105 Current Occupant 1278 E EMERSON AVE SALT LAKE CITY UT 84105 Current Occupant 1498 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1219 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1245 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1249 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1265 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1205 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1511 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1515 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1315 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1170 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1192 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1196 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1175 E MILTON AVE SALT LAKE CITY UT 84105 Current Occupant 1208 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1216 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1224 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1213 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1219 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1229 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1273 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1542 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1558 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1560 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1241 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1202 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1206 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1242 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1252 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1258 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1266 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1568 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1578 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1595 S 1200 E SALT LAKE CITY UT 84105 Current Occupant 1256 E WOOD AVE SALT LAKE CITY UT 84105 Current Occupant 1592 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1226 E WOOD AVE SALT LAKE CITY UT 84105 Current Occupant 1555 S 1300 E SALT LAKE CITY UT 84105 Current Occupant 1316 E KENSINGTON AVE SALT LAKE CITY UT 84105 Current Occupant 1312 E BRYAN AVE SALT LAKE CITY UT 84105 Current Occupant 1581 S 1300 E SALT LAKE CITY UT 84105 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 16, 2021 RE: Columbus Street Alley North of Victory Road PLNPCM2020-00564 ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate a north/south City-owned alley north of Victory Road and adjacent to properties at 583, 585, 589, and 595 North Columbus Street, and 590 North Victory Road as shown in the image below. The five properties have a total of four property owners, all of whom signed a petition supportive of the alley vacation. Properties adjacent to the alley are zoned R-2 (Single- and two-family residential district), and OS (Open Space). The subject alley is approximately 150 feet long and total area is approximately 2,750 square feet. An alley segment north of the subject alley was previously vacated, and the southern end of the alley terminates at a UDOT right-of-way. The alley was recorded but undeveloped and exists only on paper. It is unlikely the alley could ever be developed due to steep topography of the hillside on which it is located. Planning staff recommended and the Planning Commission forwarded a unanimous positive recommendation to the City Council for the alley vacation. If approved by the City Council, the subject alley property would be vacated and incorporated into abutting property owners’ parcels. Owners of the residential properties would not be charged for their ½ width portions of the alley. The Open Space zoned parcel is privately owned, and that property owner would be charged market value for the ½ width alley property abutting theirs. Item Schedule: Briefing: November 16, 2021 Set Date: November 16, 2021 Public Hearing: December 7, 2021 Potential Action: December 14, 2021 Page | 2 Image courtesy Salt Lake City Planning Division Goal of the briefing: To review the proposed alley closure, address questions Council Members may have and prepare for a public hearing. ADDITONAL INFORMATION Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code (see pages 4-6 below). 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. The Planning Commission staff report provides information relating to the following four key considerations related to this alley vacation. A short description of each issue is provided below for reference. Please see pages 3-4 of the Planning Commission staff report for full analysis of these issues. 1. Property Owner Consent Section 14.52.030.A.1 Salt Lake City Code states “the petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuse the subject alley property.” As noted above, all four abutting property owners signed the petition supporting the alley vacation. Page | 3 2.Creation/History of the Alley and Disposition if Vacated The City Surveyor found the subject alley was not dedicated through the usual subdivision process. Rather, it was dedicated as a public right-of-way through the original platting of the city. As stated above, if the alley vacation is approved by the City Council, residential property owners would not be charged for the alley abutting their property. The Open Space property owner would be charged fair market value for the abutting alley property. The method of disposition is included in Chapter 14.52.040.C Salt Lake City Code below. 3.Existence of the Alley The alley was platted but exists only on paper. Planning staff noted “While the history is not clear, it is possible that there may not have been an intent to actually establish an alley in this location. Given the angle of slope coming off of Victory Road, a UDOT road, it is also likely that if an alley was planned, it was never built due to the physical constraints of the property grade.” 4.Future Public Uses of the Alley It is Planning staff’s belief there is no viable future use for the subject alley. No City department identified potential public uses and did not raise any objections to the alley vacation. Attachment E (pages 14-16 of the Planning Commission staff report) is an analysis of factors City Code requires the Planning Commission to consider for alley vacations (Section 14.52.030 B Salt Lake City Code). In addition to the information above, other factors are summarized below. Planning staff found the proposed alley vacation complies with all eight factors below. For the complete analysis, please refer to the staff report. City Code required analysis: 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. Finding: Complies. No City department raised objection to the alley vacation. City Code required analysis: The petition meets at least one of the policy considerations for closure, vacation or abandonment of City owned alleys (Lack of Use, Public Safety, Urban Design, Community Purpose). Finding: Complies. Planning staff determined the proposed alley vacation satisfies the Lack of Use policy consideration. City Code required analysis: The petition must not deny sole access or required off-street parking to any adjacent property. Finding: Complies. Vacating the alley would not impact parking or access to any property. City Code required analysis: The petition will not result in any property being landlocked. Finding: Complies. No property would be landlocked as a result of this alley vacation request. City Code required analysis: The disposition of the alley property will not result in a use 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. Finding: Complies. Vacating the subject alley will not create or result in any use that is contrary to City policies. There is no use for the alley and it likely could never be built due to site constraints. Page | 4 City Code required analysis: 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 12 months of issuance of the building permit. Finding: Complies. No abutting property owner opposed the alley vacation and no building permit applications have been submitted. City Code required analysis: The petition furthers the City preference for disposing of an entire alley, rather than a small segment of it. Finding: Complies. The request is to close a remaining alley segment. A continuation of the alley to the north was previously vacated, though the City Surveyor was not able to determine when that occurred. The remaining alley segment would be considered an “entire alley” and as such meets this factor. City Code required analysis: The alley property is not necessary for actual or potential rear access to residences or for accessory uses. Finding: Complies. None of the properties abutting the subject alley use it for rear access. PUBLIC PROCESS August 10, 2020-Notice of the project and request for comments sent to the Capitol Hill Neighborhood Council Chair. August 11, 2020-Early notification announcement sent to residents and owners within 300 feet of the subject alley. The notice included information about how to provide public comment. May 13, 2021- Public hearing notice mailed Public hearing notice signs posted on property Public notice posted on City and State websites, and Planning Division listserv. May 26, 2021-Planning Commission public hearing. There were no comments at the hearing. The Commission closed the hearing and voted unanimously to forward a positive recommendation to the City Council. The process for closing or vacating a City-owned alley is outlined in Section 14.52 Salt Lake City Code. 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. 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 onsite 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; Page | 5 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; 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 Page | 6 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. 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. ________________ ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL Date Received: Lisa Shaffer, Chief Administrative Officer Date sent to Council: 09/24/2021 09/28/2021 TO: Salt Lake City Council DATE: Amy Fowler, Chair September 24, 2021 FROM: Blake Thomas, Director, Department of Community & Neighborhoods SUBJECT: Columbus Street Alley Vacation North of Victory Road STAFF CONTACT: David J. Gellner, AICP, Senior Planner, david.gellner@slcgov.com (385) 226-3860 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to approve an Ordinance to vacate the alley. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Nicholas Kanaan, a property owner at 585 N. Columbus Street and James Carr, a property owner at 583 N. Columbus Street are co-petitioners asking to vacate an approximately 150-foot long section of platted alley adjacent to their respective properties. The recorded but completely undeveloped alley segment runs north-south of Victory Road and abuts a total of five (5) properties owned by four (4) different property owners. The continuation of the alley to the north of this segment was previously vacated. The proposal is to vacate this remaining alley segment and incorporate the vacant land into the neighboring properties. The total area of the proposed vacation is approximately 2750 square feet. The platted alley is highlighted on the aerial photo below. The alley starts north of the UDOT right-of-way on Victory Road and runs approximately 150 feet to the north. The applicant’s reason for the request is based on the alley being platted but never having been developed. The area is filled with tall weeds and the alley could likely never be developed based on the steep SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 Lisa Shaffer (Sep 24, 2021 12:24 MDT) topography. The applicant asserts that there are no potential future uses for the alley and no reason to keep it in place. PUBLIC PROCESS: • Notice of the project and request for comments sent to the Chair of the Capitol Hill Neighborhood Council on August 10, 2020. • Staff sent an early notification announcement of the project to all residents and property owners located within 300 feet of the project site on August 11, 2020 providing notice about the project and information on how to give public input on the project. • No formal comments were submitted by the Capitol Hill Neighborhood Council. • No public comments were submitted in relation to this proposal. • A Planning Commission Public Hearing was held on May 26, 2021. • The Commission also voted unanimously to forward a Positive recommendation to City Council for the alley vacation. Planning Commission (PC) Records a) PC Agenda of May 26, 2021 (Click to Access) b) PC Minutes of May 26, 2021 (Click to Access) c) Planning Commission Staff Report of May 26, 2021 (Click to Access Report) EXHIBITS: 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List SALT LAKE CITY ORDINANCE No. of 2021 (Vacating a city-owned alley situated adjacent to properties located at 583, 585, 589 and 595 North Columbus Street; and; 590 North Victory Road) An ordinance vacating an unnamed city-owned alley adjacent to properties located at 583, 585, 589 and 595 North Columbus Street; and; 590 North Victory Road, pursuant to Petition No. PLNPCM2020-00564. WHEREAS, Nicholas Kanaan, owner of 585 North Columbus Street filed a written petition, Petition No. PLNPCM2020-00564, to vacate a city-owned alley situated between properties 583, 585, 589 and 595 North Columbus Street and 590 North Victory Road and as more particularly described in Exhibit A which is attached hereto and incorporated by reference ; and WHEREAS, the neighboring property owners of 605 North Ensign Street, 589 North Columbus Street, and 583 North Columbus Street reviewed and also designated in writing their approval of the petition; and WHEREAS, the petition demonstrates that the alley does not physically exist despite the and WHEREAS, the Salt Lake City Planning Commission held a public hearing on May 26, 2021, to consider the petition; and WHEREAS, at its May 26, 2021 meeting, the planning commission following the public hearing and discussion voted in favor of forwarding a recommendation of approval on the petition to the Salt Lake City Council ; and WHEREAS, the City Council finds after holding a public hearing on this matter, that there is good cause to vacate the alley and that vacating the alley will not materially injure the public interest or any person. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Vacating City-Owned Alley. That an unnamed, city-owned alley adjacent to properties located at 583, 585, 589 and 595 North Columbus Street; and; 590 North Victory Road, which is the subject of Petition No. PLNPCM2020-00564, and which is more particularly vacated and declared not presently necessary or available for public use. SECTION 2. Reservations and Disclaimers. The vacation is expressly made subject to all existing rights-of-way and easements of all public utilities of any and every description now located on and under or over the confines of this property, and also subject to the rights of entry thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities, o any existing rights- of-way or easements of private third parties. SECTION 3. Conditions. This vacation is conditioned upon the following: 1) The proposed method of disposition of the alley property shall be consistent with the the Salt Lake City Code, and all other applicable laws; and SECTION 4. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The city recorder is instructed not to publish or record this ordinance until the conditions identified above have been met real property manager. , SECTION 5. Time. If the conditions identified above have not been met within one year after adoption, this ordinance shall become null and void. The city council may, for good cause shown, by resolution, extend the time period for satisfying the conditions identified above. Passed by the City Council of Salt Lake City, Utah this day of , 2021. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to Mayor on . Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 2021 Published: . APPROVED AS TO FORM Salt Lake City Date:_7__/2/_2_02_1 By: Hannah Vickery, Senior City Attorney EXHIBIT "A" Legal description of the city-owned alley to be vacated: A portion of a 20.00 foot wide alleyway located within Block 15, Plat "J", Salt Lake City Survey, Salt Lake Base & Meridian; Being described as follows: Beginning at the northwest corner of lot 17, Block 15, Plat "J" Salt Lake City Survey; and running thence South 00°00'47" East 150.00 feet, more or less along the east line of an existing alleyway to a point on the Northerly right of way line of Victory Road; thence North 38°37'47" West 32.05 feet along said right of way line to a point on the west line of an existing alleyway; thence North 00°00'47" West 124.96 feet along said west line of alleyway; thence North 89°59'13" East 20.00 feet to the point of beginning. The above described parcel contains 2,750 square feet or 0.06 acre, more or less. TABLE OF CONTENTS 1. Project Chronology 2. Notice of City Council Public Hearing 3. Original Petition 4. Mailing List 1. Project Chronology PROJECT CHRONOLOGY PETITION: PLNPCM2020-00564 - Columbus Street Alley Vacation North of Victory Road July 27, 2020 Petition for the alley vacation received by the Salt Lake City Planning Division August 3, 2020 Petition assigned to David Gellner, Principal Planner, for staff analysis and processing. August 10, 2020 Information about the proposal was sent to the Chair of the Capitol Hill Neighborhood Council in order to solicit public comments and start the 45-day Recognized Organization input and comment period. August 11, 2020 Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing information about the proposal and how to give public input on the project. September 28, 2020 The 45-day public comment period for Recognized Organizations ended. No formal comments were submitted to staff by the recognized organizations to date related to this proposal. May 13, 2021 Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of May 26, 2021. Public hearing notice mailed. May 13, 2021 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. May 26, 2021 The Planning Commission held a Public Hearing on May 26, 2021. The Commission voted unanimously to forward a Positive recommendation to City Council for the proposed alley vacation. 2. Notice of City Council Public Hearing NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2020-00564 - Columbus Street Alley Vacation North of Victory Road – Nicholas Kanaan, a property owner at 585 N. Columbus Street and James Carr, a property owner at 583 N. Columbus Street are co -petitioners asking to vacate an approximately 150-foot long section of platted alley adjacent to their respective properties. The recorded but completely undeveloped alley segment runs north-south of Victory Road and abuts a total of five (5) properties owned by four (4) different property owners. The platted alley north of this appears to have been previously vacated. The proposal is to vacate this remaining alley segment and incorporate the vacant land into the neighboring properties. The total area of the proposed vacation is approximately 2750 square feet. The subject alley is located within Council District 3, represented by Chris Wharton. (Staff contact: David J. Gellner at (385 - 226-3860 or david.gellner@slcgov.com ) As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held electronically: DATE: TIME: 7:00 p.m. PLACE: This will be an electronic meeting pursuant to Salt Lake City Emergency Proclamation No.2 of 2020(2)(b). Please visit https://www.slc.gov/council/news/featured-news/virtually-attend-city- council-meetings/ to learn how you can share your comments live during electronic City Council meetings. If you would like to provide feedback or comment, via email or phone, please contact us at: 801-535-7654 (24- Hour comment line) or by email at: council.comments@slcgov.com . If you have any questions relating to this proposal or would like to review the file, please call David Gellner at 385-226-3860 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at david.gellner@slcgov.com People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711.(P 19-19) 3. Original Petition ,,, S:lgnatnreh&e The previous Alley Vacation / Closure Request document was reviewed and approved by all parties who own land adjacent to the proposed alley vacation/ closure request The alley is located on a steep sloping hill side that is currently fallow with weeds and grasses overgrowing it and unused. Due to the steep topography, this alley is completely unusable and cannot be accessed by a vehicle safely. The alley has never been in use, and does nothave potential for future use. There are no city structures or improvements on the alley, and as such it seems there is no utility to keeping this small plot of land as an alley any longer. The alley is located off of Victory Road between Ensign St and Columbus St and has width of 20', length on West of127.5', length on East of 150', and a total area of 2612.5 square feet (please see attached SIDWELL and PLAT maps. Keri HoUand t,,fV r.alumbus 101-023 First Name Last Name n Date Address Parcel • I l ---sss""fJ.Colµalbus St. 7 I 60 Norris & G Yaldine 11 1031 Gary bd Family l'I T"" 589 N. Columbus St. 6 17 Keri Holland 0 1 101023 LO 585 N. Columbus St. 18 DocProperties 0 Nicholas Kanaan LO 101024 7- 583 N. Columbus St. 9p.t. 19 James & Debbie Carr 0 101025 LO 20 0 I . - ,.. I , Aney Vacation/ Closure Request ID 101026 1 1..., 20' Wide, 127.S "!a_ t Length, 150' East Length 1 0 101027 LO 0 LO 7 102012 0 LO 6 0 LO 5 102013 I l 102014 I l ·, I ' g 4 102015 I J i ! 0 LO 3 102016 I 0 LO 2 10201i g .. .. .. .. 1,•• ..,- [... . t' -- ....................... -- l ' .• .t :,, - . ..- i I ...10 .-.- I ' - ... I • -, I- < 'I • .•• u II. -- " >- • " UI ·>- I :::, '·,"4'- I ' .•.• -I- I • ,w t I "'-' 'G!Llk'--........ ....-:,.-n.-•.,.·....-...-.. -•Id... W 1/2 NW 1/4 Sec 31 TIN RIE SALT LAKECOlJNTY. UTAH 09-31-11 _ ,_a: . . \. 1-._ '(,· . t"'cor i , .., ti 4. Mailing List OWN_FULL_NAME OWN_ADDR OWN_CITY OWN_STATE OWN_ZIP MARK R MILLIGAN; JENNIFER M MILLIGAN (JT) 580 N WESTCAPITOL ST SALT LAKE CITY UT 84103 MARTIN I STEINBERG; MARGARET CHANDLER (JT) 576 N WESTCAPITOL ST SALT LAKE CITY UT 84103 AMELIA K MATHISON 42 W GIRARD AVE SALT LAKE CITY UT 84103 TRUST NOT IDENTIFIED 36 W GIRARD AVE SALT LAKE CITY UT 84103 CAPITOL VIEW PROPERTIES, LLC 1559 W 3860 S WEST VALLEY UT 84119 599 NORTH DARWIN, LLC 672 E UNION SQ SANDY UT 84070 TRUST NOT IDENTIFIED 579 N DARWIN ST SALT LAKE CITY UT 84103 ED ISABELLE 30 W GIRARD AVE SALT LAKE CITY UT 84103 KELLI A FRAME 28 W GIRARD AVE SALT LAKE CITY UT 84103 STEVEN B BOYINGTON; STUART N STONE (JT) 633 N VICTORY RD SALT LAKE CITY UT 84103 SALT LAKE CITY CORPORATION PO BOX 145460 SALT LAKE CITY UT 84114 RALPH W PATTERSON; JODI A PATTERSON (JT) 554 N WESTCAPITOL ST SALT LAKE CITY UT 84103 ZAFFIRO PROPERTIES LLC 141 ASPEN DALE WY SW CALGARY, ALBE TA T3H0R GIRARD PROPERTIES UT, LLC 65 W 700 N BOUNTIFUL UT 84010 NORRIS W FAMILY GOOLD; TRUST NOT IDENTIFIED 595 N COLUMBUS ST # B SALT LAKE CITY UT 84103 CHRISTOPHER LEE 655 N COLUMBUS ST SALT LAKE CITY UT 84103 651 COLUMBUS, LLC 651 N COLUMBUS ST SALT LAKE CITY UT 84103 KERI LYNNE HOLLAND 589 N COLUMBUS ST SALT LAKE CITY UT 84103 DOCPROPERTIES, LLC 585 N COLUMBUS ST SALT LAKE CITY UT 84103 DEBBIE A CARR; JAMES A CARR (JT) 583 N COLUMBUS ST SALT LAKE CITY UT 84103 S REV TRUST 1169 E 5290 S SALT LAKE CITY UT 84117 SHAWN CLAY; CORIN J CLAY (JT) 563 N COLUMBUS ST SALT LAKE CITY UT 84103 DANIEL A HERSHKOWITZ; ALYSSA M HERSHKOWITZ (JT) 135 S LAKE MERCED HILL SAN FRANCISCO CA 94132 MARK T WOOD 12861 VIAVISTA DEL PASADO ORO VALLEY AZ 85755 GALEN C BAGLEY; LESLEY H BAGLEY (JT) 642 N COLUMBUS ST SALT LAKE CITY UT 84103 FABERT PROPERTIES, LLC 6914 S 2160 W WEST JORDAN UT 84084 G WILKING PROPERTIES, LLC 1610 E DEAUVILLE AVE MURRAY UT 84121 ERIC J YOUSSEFI 612 N COLUMBUS ST SALT LAKE CITY UT 84103 TRUST NOT IDENTIFIED 2560 VIA ANITA PLS VRDS EST CA 90274 CLEMENS A LANDAU; JOANNA E LANDAU (JT) 600 N COLUMBUS ST SALT LAKE CITY UT 84103 KEVIN M MACK; HEIDI D RISTER (TC) 594 N COLUMBUS ST SALT LAKE CITY UT 84103 FOSTER/MAZZOLINI FAMILY REVOCABLE TRUST 12/18/2018 588 N COLUMBUS ST SALT LAKE CITY UT 84103 MATTHEW V WENNER; JODY L WENNER (JT) 582 N COLUMBUS ST SALT LAKE CITY UT 84103 PATRICIA C OGDEN; PATRICK R OGDEN (JT) 576 N COLUMBUS ST SALT LAKE CITY UT 84103 BRAEWICK, PROPERTIES LLC 142 E BRAEWICK RD SALT LAKE CITY UT 84103 JOHN HOWA 564 N COLUMBUS ST SALT LAKE CITY UT 84103 MICHAEL S HATCH 617 N DESOTO ST SALT LAKE CITY UT 84103 FRED S IV EDWARDS 611 N DESOTO ST SALT LAKE CITY UT 84103 RICHARD M BROWN; SHEILA BROWN (JT) 605 N DESOTO ST SALT LAKE CITY UT 84103 ALAN L OKAWA; ALLISON OKI (JT) 599 N DESOTO ST SALT LAKE CITY UT 84103 LARRY L FRY; SHAWN E FRY (JT) 593 N DESOTO ST SALT LAKE CITY UT 84103 LAURA L ARELLANO 587 N DESOTO ST SALT LAKE CITY UT 84103 JOHN GEOFFREY FITZWILLIAM; MELANIE GALL FITZWILLIAM (JT) 581 N DESOTO ST SALT LAKE CITY UT 84103 RICHARD D OLSEN 575 N DESOTO ST SALT LAKE CITY UT 84103 CHARLES P MORGAN; PETER J MORGAN (JT) 571 N DESOTO ST SALT LAKE CITY UT 84103 STERLING S HOLDEN; MIA M HOLDEN (JT) 31 E GIRARD AVE SALT LAKE CITY UT 84103 AF RENT LLC 1361 E YALE AVE SALT LAKE CITY UT 84105 TRUST NOT IDENTIFIED 6852 S HOLLOW MILL DR COTTONWOOD HTS UT 84121 TANYA F BARRON 743 23RD ST APT 1F OGDEN UT 84401 LINDA SMITH‐HUNTER 1319 E 1700 S SALT LAKE CITY UT 84105 WEST GIRARD APARTMENTS LLC PO BOX 712416 SALT LAKE CITY UT 84171 JEREMIAH P JOHNSON; DEBORAH L JOHNSON (JT) 1029 N MAIN ST FARMINGTON UT 84025 NICOLE CHRISTINE ZAATAR 3 W GIRARD AVE SALT LAKE CITY UT 84103 LELAND B SWANSON; JOANN B SWANSON (JT) 545 N DARWIN ST SALT LAKE CITY UT 84103 TRUST NOT IDENTIFIED 558 N COLUMBUS ST SALT LAKE CITY UT 84103 EJAELA2 LLC 548 N COLUMBUS ST SALT LAKE CITY UT 84103 DANIEL EYLAN; MI OLSZEWSKA (JT) 546 N COLUMBUS ST SALT LAKE CITY UT 84103 TODD ANDREWS; CATHERINE OSBORNE (JT) 559 N DESOTO ST SALT LAKE CITY UT 84103 Current Occupant 660 N VICTORY RD Salt Lake City UT 84103 Current Occupant 580 N WEST CAPITOL ST Salt Lake City UT 84103 Current Occupant 578 N WEST CAPITOL ST Salt Lake City UT 84103 Current Occupant 576 N WEST CAPITOL ST Salt Lake City UT 84103 Current Occupant 610 N WEST CAPITOL ST Salt Lake City UT 84103 Current Occupant 599 N DARWIN ST Salt Lake City UT 84103 Current Occupant 620 N VICTORY RD Salt Lake City UT 84103 Current Occupant 554 N WEST CAPITOL ST Salt Lake City UT 84103 Current Occupant 49 W GIRARD AVE Salt Lake City UT 84103 Current Occupant 57 W GIRARD AVE Salt Lake City UT 84103 Current Occupant 665 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 605 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 600 N VICTORY RD Salt Lake City UT 84103 Current Occupant 590 N VICTORY RD Salt Lake City UT 84103 Current Occupant 605 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 599 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 573 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 595 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 611 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 613 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 623 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 559 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 636 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 632 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 608 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 570 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 617 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 611 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 605 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 599 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 593 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 587 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 581 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 575 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 571 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 635 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 631 N DE SOTO ST Salt Lake City UT 84103 Current Occupant 616 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 614 N COLUMBUS ST Salt Lake City UT 84103 Current Occupant 26 W GIRARD AVE Salt Lake City UT 84103 Current Occupant 41 W GIRARD AVE Salt Lake City UT 84103 Current Occupant 37 W GIRARD AVE Salt Lake City UT 84103 Current Occupant 559 N DE SOTO ST Salt Lake City UT 84103 Salt Lake City Planning ‐ David Gellner PO BOX 145480 Salt Lake City UT 84114 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: November 16, 2021 RE:Text Amendment: Amend FB-SE to allow for rooftop commercial uses above the second story. PLNPCM2021-00431 PROJECT TIMELINE: Briefing: November 16, 2021 Set Date: November 16, 2021 Public Hearing: Dec 7, 2021 Potential Action: Dec 7 or 14 2021 ISSUE AT-A-GLANCE The Council will receive a briefing about a proposal that would amend the FB-SE (Form Based Special Purpose Corridor Edge Subdistrict) zoning district to allow for rooftop commercial uses above the second story, subject to meeting a height of 30-feet. All properties, citywide, in the FB-SE zoning district would be impacted, although the FB-SE is primarily located within the Sugar House Community. Current regulations only limit commercial uses above the second story, and the proposed text amendment simply addresses those commercial rooftop uses above the second story, still capping the height at 30 feet for commercial uses. If someone in the FB-SE zone wants to build a one-story restaurant with rooftop dining, that is currently permitted. The applicant has an existing two-story building that he intends to use as a restaurant, which is a permitted use in the FB-SE zone. The applicant would like the ability to add outdoor dining on the rooftop above the second story. The Planning Commission held a public hearing on August 25, 2021 and voted 5-1 to forward a positive recommendation to the City Council. Page | 2 ADDITIONAL INFORMATION Pages 3-6 of the Planning Commission staff report includes a discussion about the key issues identified by Planning Staff. A short summary of those is provided below. See the planning commission staff report to view the full analysis. 1. Compliance with Master Plan Policies Planning staff found the proposal is consistent with policies outlined in Plan Salt Lake and would help support small businesses and provide vibrant, mixed-use development. 2. Conditional Use for Rooftop Uses The Sugar House Land Use Committee requested rooftop uses be a conditional use. Planning staff reviewed the request and determined it was not appropriate because that change would be beyond the scope of the petition, any impacts from rooftop uses would be negligible and the use is generally compatible with the zoning district. 3. Impacts of the Proposed Text Amendment Staff found that the proposed amendment for rooftop uses above the second story does not have more of an impact than a rooftop commercial use above the first story. 4. Height Exceptions Some members of the public suggested including height exceptions for some rooftop structures like pergolas, sound walls, and elevator/stair bulkheads. Planning staff feels a two-story building with a pergola, sound wall, elevator bulkhead, or other similar structure on the rooftop area will likely still be under the 30 FT height requirement, so an exception is not necessary. Policy Questions The Council may wish to review where these zones abut single family structures, and discuss whether a conditional use would be helpful at a minimum so that notice is provided when a development is under consideration? PUBLIC PROCESS The public process is outlined on page two of the transmittal letter. It met the standard requirements of noticing surrounding property owners, informing the Community Council and a public hearing at the Planning Commission. Page | 3 Properties Zoned FB-SE Page 5, Planning Commission Staff Report PROPOSED TEXT AMENDMENT •Land use tables for the FB-SE zone are not changing with this proposal – permitted and conditional uses will remain the same The FB-SE zoning regulations currently limit commercial uses to the first two stories and a height of 30 feet. The proposed text amendment would allow for rooftop commercial uses above the two-story limitation subject to meeting the 30-foot height requirement. ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: FB-SE 2nd Story Rooftop Commercial Uses, Petition PLNPCM2021-00431 STAFF CONTACT: Amy Thompson, Planning Manager, amy.thompson@slcgov.com, 385-226-9001 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council amend the text of the zoning ordinance as recommended by the Planning Commission. BUDGET IMPACT: None. BACKGROUND/DISCUSSION: This petition was submitted by Bill Grodnik, the owner of the property at 2166 S 900 East which is located in the FB-SE zoning district. The FB-SE zoning regulations currently limit commercial uses to the first two stories and a height of 30 feet. The proposed text amendment would allow for rooftop commercial uses above the two-story limitation subject to meeting the 30-foot height requirement. The proposed zoning text amendment impacts the FB-SE zoning district citywide. A rooftop use above the second story is not considered an additional story, but it is considered above the two-story limitation and the proposed text amendment is seeking to address that. The proposal does not change the land use table – existing permitted and conditional uses for the FB-SE zone will remain the same. Under the current FB-SE building form regulations, a commercial use is permitted or conditional (depending on the use) above the first story. The current regulations only limit commercial uses above the second story, and the proposed text amendment simply addresses those commercial October 18, 2021 Lisa Shaffer (Oct 20, 2021 15:02 MDT) 10/20/2021 10/20/2021 rooftop uses above the second story, still capping the height at 30 feet for commercial uses. If someone in the FB-SE zone wants to build a one-story restaurant with rooftop dining, that is currently permitted. The applicant has an existing two-story building that he intends to use as a restaurant, which is a permitted use in the FB-SE zone. The applicant would like the ability to add outdoor dining on the rooftop above the second story. Because the FB-SE zoning regulations limit commercial uses to the first two stories, he submitted an application for a text amendment that would allow him to utilize the rooftop above the second story for additional outdoor seating. Although the applicant is applying for these changes because of plans for his specific building, the proposed changes would impact all properties zoned FB-SE, and not just his specific property. PUBLIC PROCESS: •Community Council: Notice of the proposal was sent to the Sugar House and Liberty Wells Community Council Chairs on May 26, 2021. The Sugar House Land Use Committee requested a presentation of this item at their June 21, 2021 meeting. Both planning staff and the applicant were in attendance. The Sugar House Community Council submitted a letter regarding the proposal. The letter is included in the Planning Commission Staff Report. •Early Notification: On June 3, 2021, early notification of the project was provided to all property owners and residents with property currently zoned FB-SE. Early notification was also provided to all property owners and residents within 300 FT of FB-SE zoned property. •Public Open House: The Planning Division hosted an online Open House to solicit public comments on the proposal. The Online Open House comment period started on June 14, 2021 and ended on July 10, 2021. •Planning Commission Meeting: The Planning Commission held a public hearing on August 25, 2021. Notice of the hearing was sent to all registered recognized organization, was posted on the Planning Commission agenda page, the State of Utah Public Notice page, and was emailed to the Planning Division email list. The Planning Commission voted 5-1 to forward a positive recommendation to the City Council. Planning Commission (PC) Records PC Agenda for August 25, 2021 (Click to Access) PC Minutes of August 25, 2021 (Click to Access) PC Staff Report for August 25, 2021 (Click to Access Staff Report) EXHIBITS 1. Chronology 2.Notice of City Council Hearing 3.Petition Application LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2021 2 3 (An ordinance amending Section 21A.27.040 to allow for commercial uses on rooftops which 4 exceed 2 stories in the FB-SE Zoning District) 5 6 An ordinance amending sections of 21A.27.040 of the Salt Lake City Code to allow for 7 commercial uses on rooftops which exceed 2 stories in the FB-SE Zoning District pursuant to 8 Petition No. PLNPCM2021-00431. 9 WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a 10 public hearing on August 25, 2021 to consider a petition number PLNPCM2021-00431 (the 11 “petition”) initiated by Bill Grodnik, owner of property at approximately 2166 South 900 East Street, 12 to amend the Salt Lake City Code to more allow for commercial and nonresidential uses on rooftops 13 which exceed 2 stories; and 14 WHEREAS, at its August 25, 2021 hearing, the Planning Commission voted in favor of 15 forwarding a positive recommendation of approval to the Salt Lake City Council (the “City 16 Council”) to adopt changes to the Salt Lake City Code as requested in the petition; and 17 WHEREAS, the Salt Lake City Council desires to modify its land use regulations as 18 provided herein; and 19 WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this 20 matter, that adopting this ordinance promotes the health, safety, and public welfare of the 21 citizens of the City. 22 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 23 LEGISLATIVE DRAFT SECTION 1. Amending the Text of Salt Lake City Code Section 21A.27.040.D. That Section 24 21A.27.040.D of the Salt Lake City Code (FB-SE Building Form Standards) shall be and hereby is 25 amended as follows: 26 D. FB-SE Building Form Standards: Building form standards are listed in table 21A.27.040.D of 27 this section. 28 29 Table 21A.27.040.D FB-SE BUILDING FORM STANDARDS 30 Permitted Building Forms Cottage, Row House, Multi-Family And Storefront H Maximum building height Maximum building height in the FB-SE is 45 ft. Limitation on commercial uses Commercial or nonresidential uses are limited to the first 2 stories and a height of 30 ft. Commercial and nonresidential rooftop uses are allowed above the second story subject to meeting the 30 ft. height requirement. F Front and corner side yard setback Greenway Minimum of 5 ft. Maximum of 15 ft. Neighborhood Minimum of 15 ft. Maximum of 25 ft. Avenue Minimum of 5 ft. Maximum of 10 ft. Boulevard Minimum of 15 ft. Maximum of 25 ft. B Required build-to Minimum of 50% of street facing facade shall be built to the minimum setback line. LEGISLATIVE DRAFT S Interior side yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. R Rear yard When adjacent to a residential district, a minimum setback of 25% of the lot width, up to 25 ft., is required. Any portion of the building taller than 30 ft. must be stepped back 2 ft. from the required building setback line for every 1 ft. of height over 30 ft. When adjacent to other zoning districts, no minimum setback is required. See illustration below. L Minimum lot size 4,000 sq. ft.; not to be used to calculate density. W Minimum lot width 50 ft. DU Dwelling units per building form No minimum or maximum. BF Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of lot area provided all building forms have frontage on a street. 31 SECTION 2. Effective Date. This Ordinance take effect immediately after it has been 32 published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code 33 §10-3-713. 34 LEGISLATIVE DRAFT Passed by the City Council of Salt Lake City, Utah this _______ day of 35 ______________, 2021. 36 ______________________________ 37 CHAIRPERSON 38 39 ATTEST: 40 41 ______________________________ 42 CITY RECORDER 43 44 45 Transmitted to Mayor on _______________________. 46 47 48 Mayor’s Action: _______Approved. _______Vetoed. 49 50 51 ______________________________ 52 MAYOR 53 54 ______________________________ 55 CITY RECORDER 56 57 (SEAL) 58 59 Bill No. ________ of 2021. 60 Published: ______________. 61 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: _________________________________ By: ___________________________________ Hannah Vickery, Senior City Attorney By: ___________________________________ Paul Nielson, Senior City Attorney 10/7/21 1) CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2021-00431 April 29, 2021 Bill Grodnik submitted an application for a Zoning Text Amendment. May 18, 2021 Petition PLNPCM2021-00431was assigned to Amy Thompson, Senior Planner, for staff analysis and processing. May 26, 2021 Notice sent to Recognized Community Organizations informing them of the petition. Early notification of the project was also sent to property owners and residents within 300 feet of the proposal. June 3, 2020 Early Notification of the project was sent to property owners and residents with FB-SE zoned parcels as wells as property owners and residents within 300 FT of FB-SE zoned parcels. June 14, 2021 The Planning Division held an online open house to solicit comments on the proposal. The open house commenting period was open from June 14, 2021 – July 10, 2021. June 21, 2021 The proposal was presented at the Sugar House Land Use Committee Meeting. The applicant and planning staff were both in attendance to answer questions about the proposal. August 11, 2021 Planning Commission public hearing notices emailed to interested parties and residents/property owners who requested notice. Agenda posted to the Planning Commission website and the State of Utah Public Notice webpage. August 19, 2021 Planning Commission Staff Report posted. August 25, 2021 Planning Commission held a public hearing and made a positive recommendation to the City Council to approve the proposed text amendment. 2) NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00431 – A request by Bill Grodnik, owner of the property at approximately 2166 S 900 East, for a zoning text amendment that would impact all properties in the FB-SE (Form Based Special Purpose Corridor Edge Subdistrict) citywide. The FB-SE zone currently limits commercial or nonresidential uses to first two stories and a height of 30 feet. The proposed text amendment would allow for rooftop commercial uses above the second story, subject to meeting a height of 30-feet. The proposed amendment affects section 21A.27.040.D FB-SE Building Form Standards. Related provisions of Title 21A Zoning may also be amended as part of this petition. Information on this proposal can be found in the staff report prepared for the Planning Commission accessible from this link - http://www.slcdocs.com/Planning/Planning%20Commission/2021/08.August/Final%20Staff%20 Report%20-%20FB-SE%20Rooftop%20Text%20Amendment.pdf As part of their study, the City Council is holding two advertised public hearings to receive comments regarding the petition. During these hearings, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance on the same night of the second public hearing. The hearing will be held electronically: DATE: Date #1 and Date #2 TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at https://www.slc.gov/council/ to learn how you can share your comments during the meeting. Comments may also be provided by calling the 24-Hour comment line at (801)535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Amy Thompson at 385-226-9001 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at amy.thompson@slcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or relay service 711. 3) PETITION APPLICATION ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: The Leonardo; City Consent to Sublease to Ken Sanders Rare Books STAFF CONTACT: Kimberly Chytraus, Senior City Attorney DOCUMENT TYPE: Consent to Sublease RECOMMENDATION: Approve Consent BUDGET IMPACT: N/A BACKGROUND/DISCUSSION: The City leases the old library building to The Leonardo to operate a science, culture and art education center. The City has also issued bonds in connection with The Leonardo and use of the property must comply with the purpose of the bonds. Under the Lease, a sublease must fulfill the mission of The Leonardo and be consented to by the City. The Leonardo has requested that the City consent to a sublease to Ken Sanders Rare Book, for collaboration on programs to enhance the mission of The Leonardo and operation of the gift shop and bookstore. The City analyzed if the sublease fulfills a public purpose in the attached memo and recommends that the City Council hold a public hearing prior to approving the consent to the sublease. PUBLIC PROCESS: Public Hearing with 14 days’ prior notice EXHIBITS: 1)Memo 2)Lease 3) Proposed Sublease with City Consent November 1, 2021 Lisa Shaffer (Nov 2, 2021 12:33 MDT) 11/02/2021 11/02/2021 2 MEMORANDUM TO: City Council Members SUBJECT: Informal Analysis of Public Benefits Provided by The Leonardo Sublease to Ken Sanders Rare Books Introduction Salt Lake City Corporation (“City”) leases the old main library building, located at 209 East 500 South, to The Leonardo, formerly known as The Library Square Foundation for Art, Culture, and Science, pursuant to a Lease Agreement recorded with the City Recorder on June 25, 2009 (the “Lease”). The Leonardo has requested that the City consent to a sublease of a portion of the building to Dream Garden Press, Inc., doing business as Ken Sanders Rare Books (“Ken Sanders”). The Leonardo and Ken Sanders intend to collaborate to provide educational and cultural content and programming to further enhance the mission of The Leonardo as well as allow Ken Sanders to operate his rare bookstore. The Administration recommends that the City Council hold a public hearing on Though a formal analysis of the benefits to be received by the City in exchange for consenting to the sublease is not required under Utah Code ⸹10-8-2, this informal analysis has been prepared to help evaluate whether the City’s consent to the proposed sublease is appropriate given the legal restrictions on the use of the building under the bond and lease. Background Bonds. On November 4, 2003, Salt Lake City voters approved the issuance by the City of general obligation bonds for the purpose of “paying the costs of renovating, improving and preserving the old main library building and providing related facilities located at approximately 5th South Street and 2nd East Street to establish a science, culture and art education center (the “Bond purpose”). The City issued the bonds in 2009 and 2017 (the “Bonds”). Lease. To fulfill the Bond purpose, the City leased the building to The Leonardo. The Leonardo pays a nominal rent as approved by the City Council as a public benefit in satisfaction of Utah Code § 10-8-2 (“§10-8-2”). Pursuant to Section 19 of the Lease, The Leonardo may sublease space within the building with the written consent of the City (which consent shall not be unreasonably withheld, conditioned, or delayed) and the sublease must have a direct relationship to The Leonardo’s mission and programming plan. The Leonardo’s mission is “exploring and connecting art, culture, and science in imaginative ways to enrich peoples’ lives, expand consciousness, and enhance the community.” Sublease. The Leonardo and Ken Sanders have proposed a sublease whereby Ken Sanders will enhance and fulfill The Leonardo’s mission and programming. They plan to engage the community in discussions on current topics and social issues and employ each other’s strengths to obtain greater community reach and impact. Joint programs will include book clubs on relevant topics, exhibitions featuring rare books, maps and posters, poetry readings, festivals, children’s educational events and joint humanities exhibitions, all of which are designed to 3 enhance The Leonardo’s Mission to inspire creativity and innovation in all people. The first boo