11/07/2023 - Work Session - Meeting MaterialsSALT LAKE CITY COUNCIL
REVISED AGENDA
WORK SESSION
November 7, 2023 Tuesday 2:00 PM
Council meetings are held in a hybrid meeting format. Hybrid meetings allow people to join online or in
person at the City & County Building. Learn more at www.slc.gov/council/agendas.
Council Chambers
451 South State Street, Room 315
Salt Lake City, UT 84111
SLCCouncil.com
7:00 pm Formal Meeting
Room 315
(See separate agenda)
Welcome and public meeting rules
In accordance with State Statute and City Ordinance, the meeting may be held electronically. After 5:00 p.m., please enter the
City & County Building through the main east entrance.
The Work Session is a discussion among Council Members and select presenters. The public is welcome to listen. Items
scheduled on the Work Session or Formal Meeting may be moved and / or discussed during a different portion of the Meeting
based on circumstance or availability of speakers.
The Website addresses listed on the agenda may not be available after the Council votes on the item. Not all agenda items will
have a webpage for additional information read associated agenda paperwork.
Generated: 10:55:00
Note: Dates not identified in the project timeline are either not applicable or not yet determined. Item start
times and durations are approximate and are subject to change.
Work Session Items
1.Informational: Updates from the Administration ~ 2:00 p.m.
15 min.
The Council will receive information from the Administration on major items or projects
in progress. Topics may relate to major events or emergencies (if needed), services and
resources related to people experiencing homelessness, active public engagement efforts,
and projects or staffing updates from City Departments, or other items as appropriate.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Recurring Briefing
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - n/a
2.Ordinance: Enacting Temporary Zoning Regulations ~ 2:15 p.m.
10 min.
The Council will receive a briefing about an ordinance enacting temporary zoning
regulations authorizing the Volunteers of America Youth Resource Center at
approximately 888 South 400 West to increase the maximum capacity by up to fifty total
individuals, as long as the maximum occupancy meets building and fire code safety
standards. The temporary zoning regulations will expire on April 15, 2024.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 7, 2023
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, November 7, 2023
3.Informational: Equity Update ~ 2:25 p.m.
20 min.
The Council will hold a discussion about various initiatives led by the City's Office of
Equity and Inclusion. These initiatives include, but are not limited to, improving racial
equity and justice in policing. Discussion may also include updates on the City's other
work to achieve equitable service delivery, decision-making, and community engagement
through the Citywide Equity Plan, increased ADA resources, language access, and other
topics addressed in the ongoing work of the Human Rights Commission and the Racial
Equity in Policing Commission.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Recurring Briefing
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - n/a
4.Ordinance: Rezone at Approximately 1380 South 900 West ~ 2:45 p.m.
20 min.
The Council will receive a briefing about a proposal that would amend the zoning of the
properties located at approximately 1380 South 900 West, 1361 South 1000 West, and
1367 South 1000 West from R-1/7,000 (Single Family Residential District) to RMF-30
(Low-Density Multi-Family Residential District). The applicant owns the property
located at 1380 South 900 West and intends to only develop that property. The other two
properties are owned by a separate organization that asked to be included in this request
to enable additional development flexibility. This proposal would accommodate a
redevelopment proposal to be submitted at a later date. Consideration may be given to
rezoning the property to another zoning district with similar characteristics. The project
is within Council District 2. Petitioner: Drake Powell of TAG SLC, representing the
various property owners.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 7, 2023
Set Public Hearing Date - Tuesday, November 14, 2023
Hold hearing to accept public comment - Tuesday, December 5, 2023 at 7 p.m.
TENTATIVE Council Action - Tuesday, December 5, 2023
5.Ordinance: Rezone at 680 South Gladiola Street ~ 3:05 p.m.
20 min.
The Council will receive a briefing about a proposal that would amend the zoning of
the property located at approximately 680 South Gladiola Street from M-2 (Heavy
Manufacturing District) to M-1 (Light Manufacturing District). This proposal
would enable the use of the property as a commercial truck driving school, classified as a
vocational school with outdoor activities. The applicant has not included development
plans with this request. Consideration may be given to rezoning the property to another
zoning district with similar characteristics. The project is within Council District
2. Petitioner: Tony Sieverts
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 7, 2023
Set Public Hearing Date - Tuesday, November 14, 2023
Hold hearing to accept public comment - Tuesday, December 5, 2023 at 7 p.m.
TENTATIVE Council Action - Tuesday, December 5, 2023
6.Ordinance: Subdivision Code Amendments ~ 3:25 p.m
30 min.
The Council will receive a briefing about an ordinance repealing and replacing all text,
tables, and illustrations in Title 20 of the Salt Lake City Code pertaining to subdivisions
and condominiums. This proposal reorganizes the subdivision regulations, updates
application requirements, makes minor changes to subdivision approval processes,
updates the standards for approval for dividing land and modifying lots and parcels,
updates the subdivision standards to align with City goals identified in the City's general
plan, and makes changes necessary to align with State code mandates for review times
and review processes. The changes are necessary to bring the City's subdivision
regulations into compliance with recent State code changes that require Cities to update
their codes by February 1, 2024.
For more information visit tinyurl.com/SubdivisionCodeUpdates.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 7, 2023
Set Public Hearing Date - Tuesday, November 7, 2023
Hold hearing to accept public comment - Tuesday, November 14, 2023 at 7 p.m.
TENTATIVE Council Action - Tuesday, December 5, 2023
7.Informational: Public Art Program Maintenance and
Conservation Report for Fiscal Year 2023-24 ~ 3:55 p.m.
15 min.
The Council will be briefed about the Public Art Program Maintenance and Conservation
Report for Fiscal Year 2023-24 and the Maintenance and Conservation Artwork
Projections. The Public Art Program recommends to the Finance Department that 20% of
the Fiscal Year 2023-24 CIP Percent-for-Art funds ($32,303.60) be deposited to the
Maintenance Fund based on the information contained in the report.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 7, 2023
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - n/a
8.Tentative Break ~ 4:10 p.m.
20 min.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing -
Set Public Hearing Date -
Hold hearing to accept public comment -
TENTATIVE Council Action -
9.Ordinance: Affordable Housing Incentives Follow-up ~ 4:30 p.m.
30 min.
The Council will receive a follow-up briefing about an ordinance that would
amend various sections of Title 21A of the Salt Lake City Code establishing a chapter for
zoning incentives and adding affordable housing incentives. The proposed amendments
would incentivize and reduce barriers for affordable housing. The incentives would
include administrative design review and additional building height in various zoning
districts, planned development requirement modifications, removal of the density
requirements in the RMF zoning districts, and additional dwelling types in various
zoning districts. Other sections of Title 21A – Zoning may also be amended as part of this
petition. The changes would apply Citywide. The City Council may consider
modifications to other related sections of the code as part of this proposal.
For more information visit tinyurl.com/AffordableHousingIncentives.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, September 19, 2023; Tuesday, October 3, 2023; Tuesday, October 10,
2023 and Tuesday, November 7, 2023
Set Public Hearing Date - Tuesday, October 3, 2023
Hold hearing to accept public comment - Tuesday, October 17, 2023 at 7 p.m.
TENTATIVE Council Action - TBD
10.Board Appointment: Public Utilities Advisory Committee ~ 5:00 p.m.
10 min.
The Council will interview the following candidates prior to considering their
appointment to the Public Utilities Advisory Committee:
•Browne Sebright
•Christopher Shope
•Terry Marasco
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, November 7, 2023
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, November 7, 2023
11.Board Appointment: Community Development and Capitol
Improvement Programs Advisory Board ~ 5:10 p.m.
5 min.
The Council will interview the following candidates prior to considering their
appointment to the Community Development and Capitol Improvement Programs
Advisory Board:
•Devon Schechinger
•Andrea Schaefer
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 7, 2023
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, November 7, 2023
12.Board Appointment: Transportation Advisory Board – Craig
Buschmann ~ 5:15 p.m.
5 min
The Council will interview Craig Buschmann prior to considering appointment to the
Transportation Advisory Board for a term ending September 28, 2026.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 7, 2023
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, November 7, 2023
13.Board Appointment: City and County Building Conservation
and Use Committee – Travis Sheppard ~ 5:20 p.m.
5 min
The Council will interview Travis Sheppard prior to considering appointment to the City
and County Building Conservation and Use Committee Board for a term ending July 19,
2027.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 7, 2023
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, November 7, 2023
14.Ordinance: Alley Vacation at Approximately 1518 South
300 West Follow-up TENTATIVE
15 min.
The Council will receive a follow-up briefing about an ordinance that would vacate City-
owned alleys situated adjacent to properties located at 1518, 1528, 1540, and 1546 South
300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue. The
proposal would allow the property owner to redevelop the surrounding property, which
would include the right-of-way within the proposed development. The proposed
vacation will not impose access concerns as all of the subject properties that abut the
alleys also have frontage on a public street. Located within Council District 5.
Petitioner: Jarod Hall, representing the property owner.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, October 17, 2023 and Tuesday, November 7, 2023
Set Public Hearing Date - Tuesday, October 17, 2023
Hold hearing to accept public comment - Tuesday, November 7, 2023 at 7 p.m.
TENTATIVE Council Action - Tuesday, November 14, 2023
Standing Items
15.Report of the Chair and Vice Chair
Report of Chair and Vice Chair.
16.Report and Announcements from the Executive Director -
-
Report of the Executive Director, including a review of Council information items and
announcements. The Council may give feedback or staff direction on any item related to
City Council business, including but not limited to scheduling items.
17.Tentative Closed Session -
-
The Council will consider a motion to enter into Closed Session. A closed meeting described
under Section 52-4-205 may be held for specific purposes including, but not limited to:
a. discussion of the character, professional competence, or physical or mental
health of an individual;
b. strategy sessions to discuss collective bargaining;
c. strategy sessions to discuss pending or reasonably imminent litigation;
d. strategy sessions to discuss the purchase, exchange, or lease of real property,
including any form of a water right or water shares, if public discussion of the
transaction would:
(i) disclose the appraisal or estimated value of the property under
consideration; or
(ii) prevent the public body from completing the transaction on the best
possible terms;
e. strategy sessions to discuss the sale of real property, including any form of a water
right or water shares, if:
(i) public discussion of the transaction would:
(A) disclose the appraisal or estimated value of the property under
consideration; or
(B) prevent the public body from completing the transaction on the best
possible terms;
(ii) the public body previously gave public notice that the property would be
offered for sale; and
(iii) the terms of the sale are publicly disclosed before the public body
approves the sale;
f. discussion regarding deployment of security personnel, devices, or systems; and
g. investigative proceedings regarding allegations of criminal misconduct.
A closed meeting may also be held for attorney-client matters that are privileged pursuant to
Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent requirements
of the Utah Open and Public Meetings Act.
CERTIFICATE OF POSTING
On or before 2:00 p.m. on Monday, November 6, 2023, the undersigned, duly appointed City
Recorder, does hereby certify that the above notice and agenda was (1) posted on the Utah Public
Notice Website created under Utah Code Section 63F-1-701, and (2) a copy of the foregoing provided
to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any
others who have indicated interest.
CINDY LOU TRISHMAN
SALT LAKE CITY RECORDER
Final action may be taken in relation to any topic listed on the agenda, including but
not limited to adoption, rejection, amendment, addition of conditions and variations
of options discussed.
The City & County Building is an accessible facility. People with disabilities may make requests for
reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary
aids and services. Please make requests at least two business days in advance. To make a request,
please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay
service 711.
Administrative
Updates
November 7, 2023
www.slc.gov/feedback/
Regularly updated with highlighted
ways to engage with the City.
Community Engagement Highlights
Community & Neighborhoods slc.gov/canBallpark NEXT / RDA Ballparknext.com
slc.gov/planning
Thriving in PlacePlanning
City Creek Water Treatment Plant Upgrade
•Open until end of November 15
Public Utilities
Ballpark Station Area Zoning Map Amendments (D5)
•Recommended positively by Planning Commission
Adaptive Reuse Ordinance (City-wide)
•Delayed
Gas Stations Near Water Bodies
•Delayed
Community & Neighborhoods slc.gov/canBallpark NEXT / RDA Ballparknext.com
slc.gov/planning
Thriving in PlacePublic Lands
Liberty Park Playground (D5)
•Initial report ready
Making the Emerald Ribbon (D1&2)
•Public workshops November 14 and 15 from 3 -7 p.m.
Allen Park (D7)
•Consultants evaluating feedback
Riverside Park (D1)
•New lights coming
Warm Springs and North Gateway (D3)
•Focus Groups with Native American and Indigenous groups
•December 13 and 14
•Native Hawaiian and Pacific Islander Community
•January 11
Community & Neighborhoods slc.gov/canBallpark NEXT / RDA Ballparknext.com
slc.gov/planning
Thriving in PlaceRoad Construction
200 South; 900 East to 150 East
•Wrapping up for the season
900 South; State St – Lincoln St (945 E)
•Work should conclude by mid -November
1100 East; 1700 South to 900 South
•1700 S – 1300 S, Paving finished last week
•1300 S – 900 S, Concrete work continues through winter
Highland Drive
•Phase 1 scheduled to complete November 17
•Phase 2 scheduled for spring 2024
Local Streets 2023
2100 S Sewer
•Seasonal pause beginning November 17 for most of the project
Community & Neighborhoods slc.gov/canBallpark NEXT / RDA Ballparknext.com
Planning slc.gov/planning
Thriving in PlaceMayor’s Office – Human Rights Day
Community & Neighborhoods slc.gov/canBallpark NEXT / RDA Ballparknext.com
Planning slc.gov/planning
Thriving in PlaceMayor’s Office
Information Sessions Date Time
SPANISH -Glendale Mountain View Community
Learning Center Rm 182
Nov. 15 5:30 –6:30 p.m.
The Shop w/ The Utah Black Chamber Nov. 27 6:00 –7:00 p.m.
ACE Fund - Open until December 1
Location Date Time
Panaderia Flores SLC Nov. 11 12:00-2:00 p.m.
Red Moose Café Nov. 15 10:00 a.m. -12:00 p.m.
More to come!
Community Office Hours
Homeless Resource Center Utilization:
•Monday 11/6 HRCs:99%
•Overflows: 111 open beds @ WVC
Encampment Impact Mitigation:
•Folsom Trail, Liberty & Herman Franks
Resource Fair:
•November 17 @ Library Square
with Valley Behavioral Health
Kayak Court:
•Next event- Spring/Summer 2024
Homelessness
Update
Additional System Information:
Salt Lake Valley Coalition to
End Homelessness (SLVCEH)
endutahhomelessness.org/
salt-lake-valley
Utah Office of Homeless
Services (OHS)
jobs.utah.gov/homelessness/
index.html
Homelessness
Update
Additional System Information:
Salt Lake Valley Coalition to
End Homelessness (SLVCEH)
endutahhomelessness.org/
salt-lake-valley
Utah Office of Homeless
Services (OHS)
jobs.utah.gov/homelessness/
index.html
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 7, 2023
RE: Temporary Land Use Regulation
Motion 1 –
I move that the Council adopt an ordinance enacting temporary zoning regulations
authorizing temporary increase in overnight capacity at the youth homeless resource center
at 888 South 400 West for a full 180 days.
Motion 2 –
I move that the Council not adopt the ordinance.
SALT LAKE CITY ORDINANCE
No. ____ of 2023
(An Ordinance Enacting Temporary Zoning Regulations
Authorizing Temporary Increase in Overnight Capacity
at the Youth Homeless Resource Center at 888 S 400 W)
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 a compelling countervailing public interest; and
WHEREAS, on August 27, 2014, the Salt Lake City Planning Commission granted a
conditional use permit to Volunteers of America to operate a thirty-bed homeless youth shelter at
888 S 400 W (the “Shelter”); and
WHEREAS, in 2022 there was a 30% rise in homelessness among families with children
and in June 2023 alone there were 297 unaccompanied homeless youth; and
WHEREAS, with these increases in homelessness among youth there has not been a
commensurate increase in the shelter space available for homeless youth; and
WHEREAS, despite the efforts at various levels of government, the number of youth
experiencing homelessness and the efforts to address the needs of those youth experiencing
homelessness has been compounded by the economic, humanitarian, and other various rising
social crises; and
WHEREAS, that until additional homeless youth resource centers are opened (or
permanent housing is made available) there should be flexibility in temporarily increasing the
overnight capacity at the Shelter; and
2
WHEREAS, the City is committed to ensuring that youth experiencing homelessness
have access to shelter during the 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, this temporary land use regulation is the necessary means to address the
critical need for sheltering youth during imminent extreme weather conditions due to the delay in
expanding the Shelter’s overnight capacity through other procedures set forth in City Code; and
WHEREAS, increasing the overnight capacity at an existing shelter, as opposed to siting
an additional shelter, imposes a lesser impact on the community as a whole; and
WHEREAS, the City Council desires to allow for a period not to extend past April 15,
2024, no more than twenty additional overnight sleeping accommodations for youth less than
twenty three years old at the Shelter on an emergency basis to provide shelter to youth
experiencing homelessness (a “temporary overflow homeless shelter use”), subject to the
provisions herein; and
WHEREAS, the Salt Lake City Council finds that protecting lives from the potentially
deadly consequences of severe winter weather and providing housing for the City’s unsheltered
youth during the school year 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 2023-2024 winter season and only until April 15, 2024; and
3
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 youth
shelter locations in their communities.
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 youth from the potentially
deadly consequences of severe winter weather and providing safe housing during the school year
for the City’s unsheltered youth constitutes a compelling, countervailing public interest sufficient
to justify this temporary land use regulation.
SECTION 2. Location. This temporary land use regulation shall apply to the
property located at 888 S 400 W, which is already operating as a youth homeless shelter.
SECTION 3. Uses Authorized. Increasing the overnight capacity from thirty beds to fifty
beds for homeless youth less than twenty three years old at the location identified in Section 2
above is hereby authorized subject to the conditions listed in Section 4.
SECTION 4. Conditions. The temporary increase in the number of beds at the Shelter is
authorized subject to the following:
4
a. The Shelter 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 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 Marshal and shall not be appealable.
b. Volunteers of America, as the operator, will maintain a staff to client ratio in
compliance with minimums set forth in state licensing code. 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 fifty
individuals, excluding staff. Such temporary certificate of occupancy must be
issued prior to any increase in overnight occupancy of the Shelter pursuant to
this Ordinance.
d. All other conditions not expressly superseded by this temporary land use
regulation set forth in the conditional use permit issued to the Shelter on
August 27, 2014 remain in full force and effect.
SECTION 5. Duration. This temporary zoning ordinance shall remain in effect until
April 15, 2024 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.
5
Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2023.
Published: ______________.
VOA TLUR
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: _________________________________
By: ___________________________________
Katherine Pasker, Senior City Attorney
November 2, 2023
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer
Policy Analyst
DATE:November 7, 2023
RE: Zoning Map Amendment at 1380 South 900 West, and 1361 and 1376 South 1000 West
PLNPCM2023-00172
The Council will be briefed about a proposal to amend the zoning map for parcels at 1380 South 900 West,
and 1361 South and 1376 South 1000 West in Council District Two from their current R-1/7,000 (single-
family residential) zoning to RMF-30 (low density multi-family residential). The 1380 South 900 West
parcel is owned by the petitioner, and their stated intent for the proposed rezone is to construct for sale 4-
bedroom townhomes on that parcel. The other parcels are adjacent to the 1380 South property and are
under separate ownership. That owner asked to be included in the zoning map amendment request to
enable flexibility for potential development on those parcels.
The subject parcels run east/west in the middle of the block bounded by California Avenue, 900 West,
1400 South, and 1000 West as shown in the image below. The 900 West parcel is slightly less than one acre
and includes a vacant single-family dwelling that is proposed to be demolished as part of the planned
townhome development. (During the Planning Commission briefing the petitioner stated the house was
deemed uninhabitable due to a fire in the basement.) The 1000 West parcels total approximately 0.4 acres.
Area zoning is exclusively R-1/7,000 on the subject block and that is the dominant zoning west of 900 West
shown in the area zoning map below. Riley Elementary School and the Sorenson Multi-Cultural Center are
directly across 900 West from the subject property.
Existing R-1/7,000 zoning limits development to primarily single-family dwellings. RMF-30 allows various
small scale multi-family housing types that include townhomes as proposed by the petitioner. RMF-30 also
allows up to 30 feet height as opposed to 28 feet allowed in R-1/7,000 zoning. Smaller lot sizes are allowed
in RMF-30 (1,500-2,000 square feet for residential, depending on use), while R-1/7,000 has a minimum
lot size of 7,000 square feet.
Item Schedule:
Briefing: November 7, 2023
Set Date: November 14, 2023
Public Hearing: December 5, 2023
Potential Action: December 5, 2023
Page | 2
Planning staff noted that the Westside Master Plan calls for greater density on this block (even beyond
what the RMF-30 zoning district permits), which was a factor in their positive recommendation to the
Planning Commission.
The Planning Commission reviewed the proposed zoning map amendment during its August 23, 2023
meeting and held a public hearing at which two people who were unable to attend the meeting had their
comments read. Both commenters were opposed to the proposed rezone and cited concerns with additional
traffic and parking, potential for increased crime, a loss of privacy, and gentrification. The Commission
voted 7-0 to forward a positive recommendation to the City Council.
Goal of the briefing: Review the proposed zoning map amendments, determine if the Council supports
moving forward with the proposal.
Vicinity map with the subject parcel outlined in red.
Image courtesy of Salt Lake City Planning Division
Page | 3
Area zoning map with the subject property outlined in blue.
POLICY QUESTIONS
1. The Council may wish to ask the petitioner about an anticipated price point for the homes.
2. It is requested that Planning staff notify the petitioner of any new applicable options for a potential
development at this location if the Council adopts the Affordable Housing Incentives ordinance.
ADDITIONAL INFORMATION
The Council is only being asked to consider rezoning the property. No formal site plan has been submitted
to the City nor is it within the scope of the Council’s authority to review the plans. Because zoning of a
property can outlast the life of a building or desired use, any rezoning application should be considered on
the merits of changing the zoning of that property, not simply based on a potential project.
KEY CONSIDERATIONS
Planning staff identified three key considerations related to the proposal which are found on pages 4-6 of
the Planning Commission staff report and summarized below. For the complete analysis, please see the
staff report.
Consideration 1 – Master Plan Compatibility.
Planning staff found that the proposed zoning map amendment generally aligns with the Westside Master
Plan, Plan Salt Lake, and Housing Salt Lake. The proposal adds density near the California Avenue/900
West Community Node, adds infill to an existing neighborhood and corridor, expands housing options, and
increases homeownership opportunities.
Page | 4
Consideration 2 – Housing Loss Mitigation
Because the proposal calls for demolishing an existing home at 1380 West 900 South, and the requested
zoning would permit nonresidential use of the land, a housing loss mitigation report is required. Because
the estimated cost to replace the existing house is greater than its market value, the mitigation fee would be
a negative number. Therefore, a fee is not required.
Consideration 3 – Neighborhood Concerns
Planning staff received comments from area property owners who expressed concern about the proposed
rezone. These concerns were primarily about privacy, parking, and neighborhood character.
Privacy
Comments related to privacy concerns were about development on the site affecting adjacent residents’
private enjoyment of their yards, noise, and trash from future residents. As noted above, allowed building
heights are similar between the current R-1/7,000 (28 feet), and proposed RMF-30 (30 feet). In addition,
ten-foot landscape buffers are required along a property line adjacent to single-family districts. Building
forms for townhomes are limited to six dwelling units per building. It is Planning staff’s opinion that these
will mitigate potential privacy issues associated with new development.
Parking and Traffic
New development at the subject site would be required to meet relevant parking requirements. Under the
proposed RMF-30 zoning, single-family attached dwellings are required to have at least two parking
spaces, which is the same as in the current R-1/7,000 zoning district.
Planning staff analyzed the intersection of California Avenue and 900 West and anticipates density and
traffic will increase in the coming years. Both streets are arterials, and most traffic is from outside the area.
Neighborhood Character
Neighbors expressed concern about potential impact to the neighborhood’s character if the property is
rezoned. They feel that new development will disrupt their neighborhood identity. Planning staff is
confident that design standards in RMF-30 will achieve the goal of maintaining neighborhood character
while allowing additional housing on an underutilized lot.
ZONING COMPARISON
The following table comparing building height, setback, and lot requirements for the current R-1/7,000
and proposed RMF-30 zoning districts is found in Attachment D (page16) of the Planning Commission
staff report. It is replicated here for convenience.
R-1/7,000 (Current)RMF-30 (Proposed)
Maximum Building Height Pitched roof: 28 feet
Flat roof: 20 feet
Varying Heights
Single- & two-family: 30 feet.
Row Houses: 30 feet.
Cottage development:
23 feet (pitched roof)
16 feet (flat roof).
Tiny House: 16 feet.
Nonresidential & multi-family:
30 feet.
Front and Corner Yard Setback 20 feet or average of block face.Front Yard: 20 feet or average of
block face.
Page | 5
Corner Side Yard: 10 feet.
Interior Side Setback Corner lots: 6 feet
Interior lots:
6 feet on one side
10 feet on the other
Single- & two-family: 4 feet & 10 feet
Row Houses: 4 feet.
Sideways row house: 6 feet & 10 feet.
Cottage development: 4 feet.
Tiny House: 4 feet.
Nonresidential: 30 feet.
Multi-family: 10 feet.
Rear Setback 35 feet Cottage development and tiny house:
10 feet.
All others: 20% of lot depth, 25 feet
max.
Minimum Lot Width 50 feet None
Maximum Lot Width Limited by maximum lot size.110 feet, including combination of
multiple lots.
Minimum Lot Size 7,000 square feet Cottage development and tiny
house:1,500 square feet per unit.
Non-residential: 5,000 square feet
per building.
All other uses: 2,000 square feet per
unit.
Open Space, Landscape Yards, and
Landscape Buffers
Front and corner side yards must
include landscape yard according to
21A.48.
10-foot landscape buffer if abutting
single- or two-family zoning district.
Front and corner side yards must
include landscape yard according to
21A.48.
Analysis of Factors
Attachment F (pages 21-22 of the Planning Commission staff report) outlines zoning map amendment standards
that should be considered as the Council reviews this proposal. The standards and findings are summarized
below. Please see the Planning Commission staff report for additional information.
Factor Finding
Whether a proposed map amendment is consistent
with the purposes, goals, objectives, and policies of
the city as stated through its various adopted
planning documents.
Generally consistent
Whether a proposed map amendment furthers the
specific purpose statements of the zoning ordinance.
Generally complies
The extent to which a proposed map amendment will
affect adjacent properties
Generally complies
Whether a proposed map amendment is consistent
with the purposes and provisions of any applicable
overlay zoning districts which may impose additional
standards.
Not applicable
Page | 6
The adequacy of public facilities and services
intended to serve the subject property, including, but
not limited to, roadways, parks and recreational
facilities, police and fire protection, schools,
stormwater drainage systems, water supplies, and
wastewater and refuse collection.
Complies
City Department Review
During City review of the petitions, no responding departments or divisions expressed concerns with the
proposal, but stated additional review and permits would be required if the property is developed.
PROJECT CHRONOLOGY
• March 3, 2023 - Petition for zoning map amendment received by Planning Division from Trille
Property Solutions.
• April 4, 2023 - Petition assigned to Planning staff.
• April 4-May 1, 2023 – Planning staff worked with petitioner to remedy application deficiencies.
• May 3, 2023 – Early notification of the proposal sent to neighbors within 300 feet of the site.
• July 28, 2023 – Sale of property and transfer of application from Trille Properties (original
petitioner) to TAG SLC LLC (current petitioner) confirmed by Planning staff.
• August 10, 2023 – Public hearing notice mailed. Public notice posted on City and State websites
and Planning Division listserv.
• August 11, 2023 – Public hearing notice sign posted on the property.
• August 23, 2023 – Planning Commission public hearing. The Planning Commission voted
unanimously to forward a positive recommendation to the City Council for the proposed zoning
map amendment.
• September 4, 2023 – Ordinance requested from Attorney’s Office.
• September 26, 2023 – Planning received signed ordinance from the Attorney’s Office.
• October 9, 2023 – Transmittal received in City Council Office.
Zoning Map Amendment
R-1/7,000 to RMF-30
•1380 S 900 W
•1361 & 1367 S 1000 W
REQUEST
Salt Lake City // Planning Division
Subject Site
WESTSIDE MASTER PLAN
WESTSIDE MASTER PLAN
Community Node
•20-30 dwelling units per acre
•Multi-family residential
•Small-scale commercial
•Anchored by Sorenson Center
Salt Lake City // Planning Division Rendering of Vision for Node at 900 W & California Ave
Salt Lake City // Planning Division
WHAT WOULD RMF-30 CHANGE?
•Permitted Uses
•Multi-family, two-family, attached single-family
•Lot & Bulk
•Additional height – 28’ to 30’
•Smaller rear and side setbacks
•Smaller lot size – 7,000 sf to 1,500-2,000 sf
•Development Standards
•Additional Design Standards:
•Porches, material quality, glass
Planning Commission Recommended Approval
•Meets amendment standards
•Fulfills intent of adopted plans & policies
Salt Lake City // Planning Division
RECOMMENDATION
Aaron Barlow // Principal Planner
aaron.barlow@slcgov.com
801-535-6182
TAG 1380 TOWNHOMES
R-1-7000 to RMF-30
Zoning Map
Amendment
www.tagslc.com
TAG SLC Development
www.tagslc.com
1380
The purpose of the RMF-30 Low Density Multi-Family Residential District is to provide area in the
city for various multi-family housing types that are small scale in nature and that provide a
transition between single-family housing and larger multi-family housing developments. The
primary intent of the district is to maintain the existing physical character of established residential
neighborhoods in the city, while allowing for incremental growth through the integration of small
scale multi-family building types.
"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
multi-family residential units. ...with appropriate building forms to
complement adjacent lower density uses if necessary."
www.tagslc.com
TAG SLC Development
Westside Master Plan: Community Node
"Densities should be on the order of 20 to 30 dwelling units per acre "
RMF-30: Purpose Statement
1380 Density: Less than 22 Units per acre
www.tagslc.comwww.tagslc.com
TAG SLC Development
"Increase home ownership opportunities."
"There is a need for in-fill ordinances that allow for greater density in existing neighborhoods"
"Increase the number of units on particular parcels"
"Promote infill and redevelopment of underutilized land"
"Accommodate and promote an increase in the City’s population."
"Enable moderate density increases within existing neighborhoods where appropriate."
"Despite a housing construction boom, housing prices suggest a shortage of housing supply overall"
"residents want more 'missing middle' housing and more family-sized housing."
"Finding ways to increase density and allow for more housing in the existing built environment are included in
the strategies."
Growing SLC:
Plan Salt Lake:
Housing SLC:
Citywide Master Plans
www.tagslc.comwww.tagslc.com
TAG SLC Development
Site Plan
www.tagslc.comwww.tagslc.com
TAG SLC Development Concepts
www.tagslc.comwww.tagslc.com
TAG SLC Development Highlights
ABOUT THE PROJECT:
For Sale Homes
Family Size Homes:
4 bed, 2.5 bath - 2 car garage - 1700 sqft+
Neighboring Parcels - 202-026, 202-028
www.tagslc.comwww.tagslc.com
TAG SLC Development
THANK YOU FOR YOUR TIME!
Questions?
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
Date Received: ____________________ ________________________
Rachel Otto, Chief of Staff Date sent to Council: ____________________
_____________________________________________________________________________________
TO: Salt Lake City Council DATE: October 6, 2023
Darin Mano, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
________________________
SUBJECT: TAG 1380 Zoning Map Amendment (PLNPCM2032-00172)
STAFF CONTACT: Aaron Barlow, Principal Planner, 801-535-6182 or aaron.barlow@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council follows the Planning Commission’s recommendation and
approves the requested Zoning Map Amendment.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION:
Drake Powell of TAG SLC, LLC, representing several property owners, has submitted a request for a
Zoning Map Amendment for the properties listed below:
•1380 South 900 West (Parcel ID 15-14-202-014-0000)
•1361 South 1000 West (Parcel ID 15-14-202-026-0000)
•1367 South 1000 West (Parcel ID 15-14-202-028-0000)
This Zoning Map Amendment request is to rezone the above-listed properties from R-1/7,000 Single-
Family Residential to RMF-30 Low Density Multi-Family Residential.
The project area is roughly 1.34 acres or 58,292 square feet.
A formal development petition has not been submitted at this time. Preliminary Plans, including the
applicant’s description of the proposal, can be found in the Planning Commission Staff Report. The
applicant owns the property located at 1380 South 900 West and intends to only develop that property. The
other two properties (1361 & 1367 South 1000 West) are owned by a separate organization that asked to
be included in this request to enable additional development flexibility.
rachel otto (Oct 9, 2023 11:24 MDT)10/09/2023
10/09/2023
HOUSING LOSS MITIGATION
Per Chapter 18.97 of City Ordinance, any petition for a zoning change that would permit a nonresidential
use of land, that includes within its boundaries residential dwelling units, may not be approved until a
housing mitigation plan is approved by the city. The applicant submitted a housing loss mitigation plan,
which can be found in the Planning Commission Staff Report, that satisfied Housing Loss Mitigation
requirements. Because the cost to replace the one dwelling situated on the subject site is greater than the
assessed value, no mitigation is required. The final plan was evaluated and approved by the Community
and Neighborhoods Director, Blake Thomas, prior to the Planning Commission’s review of this petition.
PUBLIC PROCESS:
For a full project timeline, please refer to Exhibit 1
•May 3, 2023 – Staff sent the 45-day required notice for recognized community organizations to the
Glendale Community Council. Neither council provided feedback on the proposal.
•May 3, 2023 – Property owners and residents within 300 feet of the development were provided
early notification of the proposal.
•June 17, 2023 – The required 45-day notice period ended.
The above map shows the location and current zoning of the properties that are a part of this request.
•July 28, 2023 – Sale of property and transfer of application from Trille Properties (the original
applicant) to TAG SLC, LLC (the current applicant) confirmed by Planning Division.
•August 10, 2023 – Public hearing notice mailed, posted on City and State websites, and
distributed through the Planning Division’s email listserv.
•August 11, 2023 – Public Hearing Notice sign posted on the property.
Planning Commission Hearing and Recommendation
On August 23, 2023, the Planning Commission reviewed the proposal and held a public hearing. The
hearing can be viewed here beginning at 1:13:22. Two public comments were read into the record. Both
expressed concerns about the proposed rezone citing, parking, privacy, and property values. The
Comments are included in Exhibit 4.
The Planning Commission voted unanimously to forward a recommendation of approval as proposed.
Planning Commission (PC) Records
a)PC Agenda of August 23, 2023 (Click to Access)
b)PC Minutes of August 23, 2023 (Click to Access)
c)Planning Commission Staff Report of August 23, 2023 (Click to Access Report)
EXHIBITS:
1)Project Chronology
2)Notice of City Council Public Hearing
3)Mailing List
4)Comments Received During and After Public Hearing
SALT LAKE CITY ORDINANCE
No. _____ of 202__
(An ordinance amending the zoning of properties located at approximately 1380 South 900 West,
1361 South 1000 West, and 1367 South 1000 West from the R-1/7,000 Single Family
Residential District to the RMF-30 Low Density Multi-Family Residential District)
An ordinance amending the zoning map pertaining to the properties located at
approximately 1380 South 900 West, 1361 South 1000 West, and 1367 South 1000 West from
the R-1/7,000 Single Family Residential District to the RMF-30 Low Density Multi-Family
Residential District pursuant to Petition No. PLNPCM2023-00172.
WHEREAS, the Salt Lake City Planning Commission (”Planning Commission”) held a
public hearing on August 23, 2023, on an application submitted by Drake Powell of TAG SLC,
LLC, (“Applicant”) on behalf of several property owners to amend the zoning map from the R-
1/7,000 Single Family Residential District to the RMF-30 Low Density Multi-Family Residential
District for three parcels located at approximately 1380 South 900 West, 1361 South 1000 West,
and 1367 South 1000 West (Tax ID Nos. 15-14-202-014-0000, 15-14-202-028-0000, & 15-14-
202-026-0000) (collectively, the “Property”), pursuant to Petition No. PLNPCM2023-00172.
WHEREAS, at its August 23, 2023, meeting, the Planning Commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said
application; and
WHEREAS, after a public hearing on this matter, the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted
by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and
hereby is amended to reflect that the Property, identified on Exhibit “A” attached hereto, shall be
Ordinance rezoning 1380 South 900 West, 1361 South 1000 West,
and 1367 South 1000 West
Salt Lake City Attorney's Office
Date:�
By:���----�---Katherine D. Pasker,
EXHIBIT “A”
Legal Description of Property to be Rezoned:
Tax ID 15-14-202-014-0000
Beginning 825 feet east, and 188.10 feet south, and 9.91 feet West from the northwest corner of
the Northeast quarter of Section 14, Township 1 South, Range 1 West, Salt Lake Base and
Meridian, and running thence south 0°56'36" west 109.68 feet; thence south 0°12'09" east 9.31
feet; thence west 354.31 feet, thence north 118.96 feet, thence east 356.09 feet to the point of
beginning.
0.97 acres more or less
Tax ID 15-14-202-028-0000
Lot 3, Three Eagles Subdivision according to the official plat thereof on file and of record in the
office of the Salt Lake County Recorder.
Together with a 20 foot access and utility easement as shown on the official record plat of Three
Eagles subdivision, recorded February 17, 2023, as entry number 14073617, book 2023P, page
39.
0.178 acres more or less
Tax ID 15-14-202-026-0000
Lot 2, Three Eagles Subdivision according to the official plat thereof on file and of record in the
office of the Salt Lake County Recorder.
Together with a 20 foot access and utility easement as shown on the official record plat of Three
Eagles subdivision, recorded February 17, 2023, as entry number 14073617, book 2023P, page
39.
0.191 acres more or less
TABLE OF CONTENTS
1)PROJECT CHRONOLOGY
2)NOTICE OF CITY COUNCIL PUBLIC HEARING
3)MAILING LIST
4)COMMENTS RECEIVED DURING AND AFTER PUBLIC HEARING
5)ORIGINAL PETITIONS
1. PROJECT
CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00172
March 3, 2023 Applications submitted by Trille Property Solutions, LLC.
April 4, 2023 Petition assigned to staff.
April 4, 2023 Petition routed for Department Review Comments.
April 4 to May 1, 2023 Staff worked with applicant to remedy deficiencies in application.
May 3, 2023 Staff sent the 45-day required notice for recognized community
organizations to the Community Councils.
May 3, 2023 Neighbors within 300 feet of the development were provided early
notification of the proposal.
June 23, 2023 45-day public comment period for recognized organizations ended.
July 28, 2023 Sale of property and transfer of application from Trille Properties
(the original applicant) to TAG SLC, LLC (the current applicant)
confirmed by Planning Staff
August 10, 2023 Public hearing notice mailed. Public notice posted on City and
State websites and Planning Division listserv.
August 11, 2023 Public hearing notice sign posted on the property.
August 23, 2023 Planning Commission held a public hearing and made a
recommendation to the City Council to approve the proposed
amendments.
September 4, 2023 Ordinance requested from City Attorney’s office.
September 26, 2023 Ordinance received from City Attorney’s office.
2. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00172 TAG 1380 Zoning Map
Amendment Drake Powell of TAG SLC, representing the various property owners, has submitted this
request for three separate properties located at 1380 S 900 W, 1361 S 1000 W, and 1367 S 1000 West.
Approval of this request would rezone these properties from R-1/7,000 (Single Family Residential) to
RMF-30 (Low Density Multi-Family Residential). The intent of this amendment request is to
accommodate a redevelopment proposal to be submitted at a later date. The project is within Council
District 2, represented by Alejandro Puy.
As part of their study, the City Council is holding an advertised public hearing to receive comments
regarding the petition. During this hearing, anyone desiring to address the City Council concerning
this issue will be given an opportunity to speak. The hearing will be held:
DATE:
PLACE: Electronic and in-person options.
451 South State Street, Salt Lake City, Utah
** This meeting will be held via electronic means, while also providing for an in-person
opportunity to attend or participate in the hearing at the City and County Building, located at
451 South State Street, Room 326, Salt Lake City, Utah. For more information, including WebEx
connection information, please visit www.slc.gov/council/virtual-meetings. Comments may also
be provided by calling the 24-Hour comment line at (801) 535-7654 or sending an email to
council.comments@slcgov.com. All comments received through any source are shared with the
Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call Aaron
Barlow at 801.535.6182 between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday, or by
e-mail at aaron.barlow@slcgov.com. The application details can be accessed at
https://citizenportal.slcgov.com, by selecting the “Planning” tab and entering the petition number
PLNPCM2023-00172.
The City & County Building is an accessible facility. People with disabilities may make requests for
reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids
and services. Please make requests at least two business days in advance. To make a request, please
contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service
711.
3.MAILING LIST
NAME ADDRESS CITY STATE ZIP
AGUILERA, PAULO 945 W 1400 S SALT LAKE CITY UT 84104
BARLOW FAM TR 1364 S 1000 W SALT LAKE CITY UT 84104
BENJAMIN KUNZ 941 W 1400 S SALT LAKE CITY UT 84104
BOLINDER, DAVID V 2045 E 6060 S HOLLADAY UT 84121
CHRISTENSEN, ERIC &TATEVIK; JT 551 W CEPHUS RD DRAPER UT 84020
CLAYNE O WAYMAN FAM TRET AL 1367 S 1100 W SALT LAKE CITY UT 84104
CRESLAND ACQUISITION, LLC 1265 S CONCORD ST SALT LAKE CITY UT 84104
Current Occupant 956 W CALIFORNIA AVE Salt Lake City UT 84104
Current Occupant 928 W CALIFORNIA AVE Salt Lake City UT 84104
Current Occupant 1388 S 1000 W Salt Lake City UT 84104
Current Occupant 1354 S 1000 W Salt Lake City UT 84104
Current Occupant 1368 S 1000 W Salt Lake City UT 84104
Current Occupant 1400 S 1000 W Salt Lake City UT 84104
Current Occupant 939 W CALIFORNIA AVE Salt Lake City UT 84104
Current Occupant 1380 S 900 W Salt Lake City UT 84104
Current Occupant 1392 S 900 W Salt Lake City UT 84104
Current Occupant 941 W CALIFORNIA AVE Salt Lake City UT 84104
Current Occupant 953 W CALIFORNIA AVE Salt Lake City UT 84104
Current Occupant 1409 S 1000 W Salt Lake City UT 84104
Current Occupant 1425 S 1000 W Salt Lake City UT 84104
Current Occupant 937 W 1400 S Salt Lake City UT 84104
Current Occupant 1414 S 900 W Salt Lake City UT 84104
Current Occupant 941 W 1400 S UT 84104
Current Occupant 1410 S 800 W Salt Lake City UT 84104
Current Occupant 855 W CALIFORNIA AVE Salt Lake City UT 84104
DALTON, DAVID I & GEORGIA P;JT 7885 W MAYTIME DR MAGNA UT 84044
EMERY, CODY &MARTHA; JT 1540 E WILLIAMSON CIR SANDY UT 84092
ESTRADA, BENJAMIN &MALDONADO, MARIO; JT 1008 W CALIFORNIA AVE SALT LAKE CITY UT 84104
FOSTER, JULEE L 932 W 1400 S SALT LAKE CITY UT 84104
GUTIERREZ, JOSE E 1408 S 900 W SALT LAKE CITY UT 84104
HEGERHORST, WALTER F &ORA M; TRS 3541 W WHEATWOOD CIR WEST JORDAN UT 84084
HERNANDEZ, CELIA; JTHERNANDEZ, JESUS A; JT 1389 S 1000 W SALT LAKE CITY UT 84104
INGERSOLL, BRIAN D & KATHY M;JT 951 W CALIFORNIA AVE SALT LAKE CITY UT 84104
INGERSOLL, SONYA T 924 W CALIFORNIA AVE SALT LAKE CITY UT 84104
JONES, JOY R 1420 S 1000 W SALT LAKE CITY UT 84104
JONES, STEPHEN C &CYNTHIA C (JT)1402 S 1000 W SALT LAKE CITY UT 84104
KEFU, MANISELA; JTET AL 1420 S 900 W SALT LAKE CITY UT 84104
KLAIN, ELAINE &FIGUEROA, EDGAR; JT 944 W 1400 S SALT LAKE CITY UT 84104
KNUDSEN, JANET 1018 W CALIFORNIA AVE SALT LAKE CITY UT 84104
LEATUTUFU, SUSITINA; JTLAITA, FAGALII; JT 1404 S 1000 W SALT LAKE CITY UT 84104
LONGLEY, MICHELLE L 950 W CALIFORNIA AVE SALT LAKE CITY UT 84104
LOSCHER, HAROLD P &SHARON F; TRS 1403 S 1000 W SALT LAKE CITY UT 84104
LOSCHER, TERESA A &KENT D; JT 929 W CALIFORNIA AVE SALT LAKE CITY UT 84104
LYON, GABRIELE C 938 W 1400 S SALT LAKE CITY UT 84104
MAURICIO, PEDRO 966 W CALIFORNIA AVE SALT LAKE CITY UT 84104
MCQUEEN, MIKE 959 W CALIFORNIA AVE SALT LAKE CITY UT 84104
MIDDLETON, WAYNE PO BOX 9948 SALT LAKE CITY UT 84109
MONTANO, RANDOLPH &LORRAINE; JT 950 W 1400 S SALT LAKE CITY UT 84104
NGUYEN, LIEM T &LE, DAO; JT 963 W CALIFORNIA AVE SALT LAKE CITY UT 84104
PADILLA, IVANI O 933 W 1400 S SALT LAKE CITY UT 84104
RAMIREZ, MARCELINO &MARIA P; JT 1131 W EMERY CIR SALT LAKE CITY UT 84104
ROJAS, EDUARDO & ESTELLA;JT 1328 S 900 W SALT LAKE CITY UT 84104
SALAZAR, CARL R &ROBIN A; JT 1180 S 900 W SALT LAKE CITY UT 84104
SANDERSON, JONATHAN 936 W CALIFORNIA AVE SALT LAKE CITY UT 84104
SITAUTI, SIOELI H &RAINA K; JT 1889 W SPRINGFIELD RD SALT LAKE CITY UT 84116
SOUTHWORTH, WHITNEY B 1336 S 900 W SALT LAKE CITY UT 84104
THACATUS, LLC 407 E 300 S SALT LAKE CITY UT 84111
THE BOARD OF EDUCATION OF SLC 440 E 100 S SALT LAKE CITY UT 84111
TOMSETT, ANDREW &BUCKSTAD, LISA; JT 1000 W CALIFORNIA AVE SALT LAKE CITY UT 84104
TRAN, HUNG VAN PO BOX 651237 SALT LAKE CITY UT 84165
TRILLIE PROPERTY SOLUTIONS,LLC 1375 S 1000 W SALT LAKE CITY UT 84104
URZUA, DIEGO C; JTDUNN, JAIMIE; JT 1386 S 900 W SALT LAKE CITY UT 84104
VANLEEUWEN, JOHN I &KERRY; JT 923 W CALIFORNIA AVE SALT LAKE CITY UT 84104
VEA, CAPE 1350 S 900 W SALT LAKE CITY UT 84104
WILLIAMS, CAMERON 1358 S 900 W SALT LAKE CITY UT 84104
WOOD, DALLIN A; JTWOOD, NATALY; JT 1362 S 900 W SALT LAKE CITY UT 84104
5.ORIGINAL PETITIONS
DocuSign Envelope ID : 1309F8CE-6924-4A65-80BB-7AC9E4AF5EB0
ACKNOWLEDGEMENT OF RESPONSIBILITY
This is to certify that I am making an application for the described action by the City and that I am responsible for
complying with all City requirements with regard to this request. This application will be processed under the name
provided below. By signing the application, I am acknowledging that I have read and understood the instructions
provided by Salt Lake City for processing this application. The documents and/or information I have submitted are true
and correct to the best of my knowledge. I understand that the documents provided are considered public records and
may be made avai lable to the public. I understand that my application will not be processed until the application is
deemed complete by the assigned planner from the Planning Division. I acknowledge that a complete application
includes all of the required submittal requirements and provided documents comply with all applicable requirements for
the specific applications. I understand that the Planning Division will provide, in writing, a list of deficiencies that must
be satisfied for this application to be complete and it is the responsibility of the applicant to provide the missing or
corrected information. I will keep myself informed of the deadlines for submission of material and the progress of this
application. I understand that a staff report will be made available for my review prior to any public hearings or public
meetings. This report will be on file and available at the Planning Division and posted on the Division website when it has
been finalized.
APPLICANT SIGNATURE
Name of Applicant: Application Type: Trillie Property Solutions LLC / Trent Hatch Zonning Amendment
Mailing Address: Po Box, 2058 Orem, UT 84059
Email: Tj@Teillieproperties.com
Signature: DocuSigne<l by:
21 E8DD80A0EG485 ...
AFFIRMATION OF SUFFICIENT INTEREST
Phone: 801-319-5915
Date: 03/03/23
I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from
the owner to pursue the described action.
The following shall be providea if the name of the applicant is different than the name of the property owner:
1.If you are not the fee owner attach a copy of your authorization to pursue this action provided by the fee owner.
2.If a corporation is fee titleholder, attach copy of the resolution of the Board of Directors authorizing the action.
3.If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of
the joint venture or partnership
4.If a Home Owner's Association is the applicant than the representative/president must attach a notarized letter
stating they have notified the owners of the proposed application. A vote should be taken prior to the submittal
and a statement of the outcome provided to the City along with the statement that the vote meets the
requirements set forth in the CC&Rs.
Be advised that knowingly making a false, written statement to a government entity is a crime under Utah Code
Chapter 76-8, Part 5. Salt Lake City will refer for prosecution any knowingly false representations made pertaining to
the applicant's interest in the property that is the subject of this application.
Updated 9/14/22
Property purchased by TAG SLC on June 8, 2023
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 7, 2023
RE: Zoning Map Amendment at 680 South Gladiola Street
PLNPCM2023-00236
The Council will be briefed about a proposal to amend the zoning map for the parcel at 680 South Gladiola
Street in City Council District Two from its current M-2 (Heavy Manufacturing District) zoning designation
to M-1 (Light Manufacturing District). The vacant subject parcel is triangular shaped and approximately
4.79 acres. It is located the midpoint between 500 South and 900 South at about 3400 West as shown in
the image below. A rail spur connecting to the Union Pacific Intermodal Hub abuts the property to the
north, and a distribution center is to the south. Area zoning is a mix of M-1 and M-2 as shown in the zoning
map below.
The petitioner’s stated intent for the proposed rezone is to enable use of the property for a commercial
truck driving school (classified as a vocational school with outdoor activities) on the site. Such a use is
permitted in the M-1 zoning district but not within the current M-2 district.
The Planning Commission reviewed the proposed zoning map amendment during its August 23, 2023
meeting and held a public hearing at which one person spoke. The commenter expressed a desire for use of
the subject property that is compatible with the intense uses already in the area. The Commission voted
7-0 to forward a positive recommendation to the City Council.
Goal of the briefing: Review the proposed zoning map amendments, determine if the Council supports
moving forward with the proposal.
Item Schedule:
Briefing: November 7, 2023
Set Date: November 14, 2023
Public Hearing: December 5, 2023
Potential Action: December 5, 2023
Page | 2
Vicinity map with the subject parcel outlined in red.
Image courtesy of Salt Lake City Planning Division
Area zoning map with the subject property outlined in blue.
Page | 3
POLICY QUESTIONS
1. The Council may wish to discuss whether they have any concerns with the proposed use of the
property as a truck driving school within the Airport Overlay.
ADDITIONAL INFORMATION
The subject parcel is located within the Airport Flight Path Protection Overlay. This overlay is divided into
subcategories based on the location’s proximity to flight paths of aircraft landing at the airport. The
property is within “Zone B” which is the second most impacted zone. Uses generally prohibited in this zone
include hotels/motels (without additional sound attenuation), schools, hospitals, churches, and long-term
care facilities. This proposed zoning map amendment does not include a request to modify the Flight Path
Protection Overlay.
The Council is only being asked to consider rezoning the property. No formal site plan has been submitted
to the City nor is it within the scope of the Council’s authority to review the plans. Because zoning of a
property can outlast the life of a building or desired use, any rezoning application should be considered on
the merits of changing the zoning of that property, not simply based on a potential project.
KEY CONSIDERATION
Planning staff identified one key consideration related to the proposal which is found on page 4 of the
Planning Commission staff report and summarized below. For the complete analysis, please see the staff
report.
Consideration 1 – Master Plan Compatibility.
Planning staff found that the proposed zoning map amendment generally aligns with Plan Salt Lake. It is
Planning staff’s opinion that the proposed use as a truck driving school is compatible with the industrial
character of the surrounding area.
The subject parcel is also located within the Northwest Quadrant, where much of the city’s industrial uses
are located. The Northwest Quadrant Master Plan’s future land use map includes the parcel within the
“Heavy Industrial” land use category and includes a “Light Industrial” category. Planning staff found that
the proposed zoning map amendment is compatible with the Northwest Quadrant Master Plan since the
“Heavy Industrial” land use category does not prohibit lower-scale industrial uses.
ZONING COMPARISON
The following table compares building height, setback, and lot requirements for the current M-2 and
proposed M-1 zoning districts.
M-2 (Current)M-1 (Proposed)
Maximum Building Height Varying Heights
80 feet for most structures
120 feet for emission structures
85 feet for RR terminal cranes
Varying Heights
65 feet for most structures
120 feet for emission structures
85 feet for RR terminal cranes
FAA review required for >50 ft
Front and Corner Yard Setback Front Yard: 25 feet,
Corner Side Yard: 15 feet
15 feet
Interior Side Setback 20 feet None
Rear Setback 35 feet None
Page | 4
Minimum Lot Width 75 feet 80 feet
Minimum Lot Size 20,000 square feet
(excluding lots existing before 1995)
10,000 square feet
(excluding lots existing before 1995)
Landscape Yards Required within front and corner side
yards.
(M-2 does not abut residential districts)
Required within front and corner
side yards and when abutting
residential districts.
Analysis of Factors
Attachment F (pages 12-14) of the Planning Commission staff report outlines zoning map amendment standards
that should be considered as the Council reviews this proposal. The standards and findings are summarized
below. Please see the Planning Commission staff report for additional information.
Factor Finding
Whether a proposed map amendment is consistent
with the purposes, goals, objectives, and policies of
the city as stated through its various adopted
planning documents.
Generally consistent
Whether a proposed map amendment furthers the
specific purpose statements of the zoning ordinance.
Generally complies
The extent to which a proposed map amendment will
affect adjacent properties
Generally complies
Whether a proposed map amendment is consistent
with the purposes and provisions of any applicable
overlay zoning districts which may impose additional
standards.
Does not conflict
The adequacy of public facilities and services
intended to serve the subject property, including, but
not limited to, roadways, parks and recreational
facilities, police and fire protection, schools,
stormwater drainage systems, water supplies, and
wastewater and refuse collection.
Complies
City Department Review
During City review of the petitions, no responding departments or divisions expressed concerns with the
proposal, but stated additional review and permits would be required if the property is developed.
PROJECT CHRONOLOGY
• March 24, 2023 - Petition for zoning map amendment received by Planning Division.
• April 20, 2023 - Petition assigned to Planning staff.
• April-June 2023 – Planning staff worked with petitioner to remedy application deficiencies.
Page | 5
• May 3, 2023 – Petition routed for department review comments.
• June 20, 2023 –
o Notice sent to community council.
o Early notification sent to neighbors within 300 feet of the subject site.
• August 10, 2023 – Public hearing notice mailed. Public notice posted on City and State websites
and Planning Division listserv.
• August 11, 2023 – Public hearing notice sign posted on the property.
• August 23, 2023 – Planning Commission public hearing. The Planning Commission voted
unanimously to forward a positive recommendation to the City Council for the proposed zoning
map amendment.
• September 4, 2023 – Ordinance requested from Attorney’s Office.
• September 23, 2023 – Planning received signed ordinance from the Attorney’s Office.
• October 9, 2023 – Transmittal received in City Council Office.
Zoning Map Amendment at 680 S Gladiola St
M-2 Heavy Manufacturing to M-1 Light Manufacturing
REQUEST
Salt Lake City // Planning Division
NORTHWEST QUADRANT MASTER PLAN
NORTHWEST QUADRANT MASTER PLAN
Subject Property
NORTHWEST QUADRANT MASTER PLAN
Heavy Industrial
•Promote Infill
•Support Businesses
•No prescribed districts
•Both M-2 and M-1
compatible
Salt Lake City // Planning Division
Salt Lake City // Planning Division
WHAT WOULD M-1 CHANGE?
•Permitted Uses
•M-2 allows heavy industrial uses
•M-1 also allows industrial uses, with lower impacts
•Lot & Bulk
•Smaller lot size – 20,000 sf to 10,000 sf
•Lower height – 80’ to 65’
•Smaller rear and side setbacks
•Development Standards
•Nearly identical
Planning Commission Recommend Approval
•Meets amendment standards
•Fulfills intent of adopted plans & policies
Salt Lake City // Planning Division
RECOMMENDATION
Aaron Barlow // Principal Planner
aaron.barlow@slcgov.com
801-535-6182
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
Date Received: ____________________ ________________________
Rachel Otto, Chief of Staff Date sent to Council: ____________________
_____________________________________________________________________________________
TO: Salt Lake City Council DATE: October 6, 2023
Darin Mano, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
________________________
SUBJECT: Tony Sieverts Zoning Map Amendment (PLNPCM2023-00236)
STAFF CONTACT: Aaron Barlow, Principal Planner, 801-535-6182 or aaron.barlow@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council follows the Planning Commission’s recommendation
and approves the requested Zoning Map Amendment.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION:
Salt Lake City has received a request from Tony Sieverts of Gladiola Street, LLC, the property owner, to rezone
the property at approximately 680 South Gladiola Street from M-2 Heavy Manufacturing District to M-1
Light Manufacturing District. The stated intent of the proposed rezoning is to enable the use of the
property as a commercial truck driving school (classified as a vocational school with outdoor activities),
which is permitted within the M-1 Light Manufacturing zoning district and not within the M-2 Heavy
Manufacturing district.
The project area is roughly 4.79 acres or 208,652 square feet.
The applicant has not included development plans with this request. If the Salt Lake City Council adopts
the rezone request, the applicant would then need to submit the necessary development applications, and
the development proposal would need to comply with all applicable regulations within the Salt Lake City
Zoning Ordinance. Additional details regarding this request can be found in Planning Staff’s report for the
Planning Commission
rachel otto (Oct 9, 2023 11:19 MDT)10/09/2023
10/09/2023
PUBLIC PROCESS:
For a full project timeline, please refer to Exhibit 1
• June 20, 2023 – Staff sent the 45-day required notice for recognized community organizations to
the Glendale Community Council. Neither council provided feedback on the proposal.
• June 20, 2023 – Property owners and residents within 300 feet of the development were provided
early notification of the proposal.
• June 26, 2023 – The project was posted to the Online Open House webpage. All projects west of
2200 W require an Online Open House post.
• August 4, 2023 – The required 45-day notice period ended.
• August 10, 2023 – Public hearing notice mailed, posted on City and State websites, and
distributed through the Planning Division’s email listserv.
• August 11, 2023 – Public Hearing Notice signs posted on the property.
PLANNING COMMISSION HEARING AND RECOMMENDATION
On August 23, 2023, the Planning Commission reviewed the proposal and held a public hearing. The
hearing can be viewed here beginning at 1:39:34. One individual commented expressing concern that the
rezone would affect his ability to continue his asphalt and concrete recycling facility (a use permitted only
in the M-2 district).
Location Map of subject property
The Planning Commission voted unanimously to forward a recommendation of approval as proposed.
Planning Commission (PC) Records
a) PC Agenda of August 23, 2023 (Click to Access)
b) PC Minutes of August 23, 2023 (Click to Access)
c) Planning Commission Staff Report of August 23, 2023 (Click to Access Report)
EXHIBITS:
1) Project Chronology
2) Notice of City Council Public Hearing
3) Mailing List
4) Original Petitions
SALT LAKE CITY ORDINANCE
No. _____ of 202__
(An ordinance amending the zoning of property located at approximately 680 South Gladiola
Street from the M-2 Heavy Manufacturing District to the M-1 Light Manufacturing District)
An ordinance amending the zoning map pertaining to the property located at
approximately 680 South Gladiola Street from the M-2 Heavy Manufacturing District to the M-1
Light Manufacturing District pursuant to Petition No. PLNPCM2023-00236.
WHEREAS, the Salt Lake City Planning Commission (”Planning Commission”) held a
public hearing on August 23, 2023, on an application submitted by Tony Sieverts of Sieverts
Property Holdings, LLC to amend the zoning map from the M-2 Heavy Manufacturing District
to the M-1 Light Manufacturing District for a parcel located at approximately 680 South
Gladiola Street (Tax ID No. 15-08-503-002-0000) (the “Property”), pursuant to Petition No.
PLNPCM2023-00236.
WHEREAS, at its August 23, 2023, meeting, the Planning Commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said
application; and
WHEREAS, after a public hearing on this matter, the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted
by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and
hereby is amended to reflect that the Property, identified on Exhibit “A” attached hereto, shall be
and hereby is rezoned from the M-2 Heavy Manufacturing District to the M-1 Light
Manufacturing District.
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________,
20___.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 20___.
Published: ______________.
Ordinance rezoning 680 Gladiola Street
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Katherine D. Pasker, Senior City Attorney
September 26, 2023
EXHIBIT “A”
Legal Description of Property to be Rezoned:
Tax ID 15-08-503-002-0000
A part of the Northeast Quarter of Section 8, Township 1 South, Range l West, Salt Lake Base &
Meridian, more particularly described as follows:
Beginning at a point located on the westerly right-of-way of Gladiola Street, said point also being
S0°11'17"W 1324.80 feet and West 22.50 feet from the Centerline monument located at the
intersection of 500 South and Gladiola Street, said point also being S89°37'35"E 1404.96 feet
along the Section line and S0°22'25"W 47.54 feet from the North Quarter Corner of Section 8,
Township I South, Range 1 West, Salt Lake Base & Meridian; and running thence southerly along
said westerly right-of-way S0°11'17"W 254.67 feet to a point located on the northerly subdivision
line of Sorenson Technology Park Plat 3, recorded as Entry No. 7095353 in Book 98-9P at Page
263, Date: September 23, 1998 on file with the Salt Lake County Recorder; thence running along
said subdivision line the following two (2) courses: (1) S89°53'16"W 1379.40 feet; thence (2)
N0°03'15"W 41.18 feet to the southerly right-of-way of the Union Pacific Railroad, said point
being located 50' perpendicular from the centerline of the existing railroad track; thence
N81°05'54"E 1397.10 feet to said westerly right of way, said also being the point of beginning.
Contains 4.68 acres more or less
TABLE OF CONTENTS
1) PROJECT CHRONOLOGY
2) NOTICE OF CITY COUNCIL PUBLIC HEARING
3) MAILING LIST
4) ORIGINAL PETITIONS
1. PROJECT
CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00236
March 24, 2023 Application submitted.
April 20, 2023 Petition assigned to staff.
April thru June 2023 Planning Staff worked with applicant to remedy application
deficiencies.
May 3, 2023 Petition routed for Department Review Comments.
June 20, 2023 Staff sent the 45-day required notice for recognized community
organizations to the Community Councils.
June 20, 2023 Neighbors within 300 feet of the development were provided early
notification of the proposal.
August 4, 2023 45-day public comment period for recognized organizations ended.
August 10, 2023 Public hearing notice mailed. Public notice posted on City and
State websites and Planning Division listserv.
August 11, 2023 Public hearing notice sign posted on the property.
August 23, 2023 Planning Commission held a public hearing and made a
recommendation to the City Council to approve the proposed
amendments.
September 4, 2023 Draft ordinance requested from City Attorney’s office.
XXXX XX, 2023 Draft ordinance received from City Attorney’s office.
2. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00236 Sieverts Zoning Map
Amendment. Tony Sieverts, the property owner of 680 South Gladiola Street, has submitted this
request to rezone his property from M-2 Heavy Manufacturing District to M-1 Light Manufacturing
District. The stated intent of the proposed rezoning is to enable the use of the property as a commercial
truck driving school (classified as a vocational school with outdoor activities), which is permitted
within the M-1 Light Manufacturing zoning district and not within the M-2 Heavy Manufacturing
district. The project is within Council District 2, represented by Alejandro Puy.
As part of their study, the City Council is holding an advertised public hearing to receive comments
regarding the petition. During this hearing, anyone desiring to address the City Council concerning
this issue will be given an opportunity to speak. The hearing will be held:
DATE:
PLACE: Electronic and in-person options.
451 South State Street, Salt Lake City, Utah
** This meeting will be held via electronic means, while also providing for an in-person
opportunity to attend or participate in the hearing at the City and County Building, located at
451 South State Street, Room 326, Salt Lake City, Utah. For more information, including WebEx
connection information, please visit www.slc.gov/council/virtual-meetings. Comments may also
be provided by calling the 24-Hour comment line at 801.535.7654 or sending an email to
council.comments@slcgov.com. All comments received through any source are shared with the
Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call Aaron
Barlow at 801.535.6182 between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday, or by
e-mail at aaron.barlow@slcgov.com. The application details can be accessed at
https://citizenportal.slcgov.com, by selecting the “Planning” tab and entering the petition number
PLNPCM2023-00236.
The City & County Building is an accessible facility. People with disabilities may make requests for
reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids
and services. Please make requests at least two business days in advance. To make a request, please
contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service
711.
3. MAILING LIST
NAME ADDRESS CITY STATE ZIP
ALLIED WASTE TRANSFERSERVICES OF UTAH INC 18500 N ALLIED WAY PHOENIX AZ 85054
BTBW, LLC 4835 S VIEWMONT ST HOLLADAY UT UT 84117
C1 SLC III‐V, LLC PO BOX A3879 CHICAGO IL 60690
CLCJ LAND INVESTMENTS, LLC 606 S GLADIOLA ST SALT LAKE CITY UT 84104
CTC PROPERTIES, LLC 529 E OAKHOLLOW CT BOUNTIFUL UT 84010
Current Occupant 3611 W 500 S Salt Lake City UT 84104
Current Occupant 3720 W 800 S Salt Lake City UT 84104
Current Occupant 3763 W 700 S Salt Lake City UT 84104
Current Occupant 615 S GLADIOLA ST Salt Lake City UT 84104
Current Occupant 622 S GLADIOLA ST Salt Lake City UT 84104
Current Occupant 632 S GLADIOLA ST Salt Lake City UT 84104
Current Occupant 650 S GLADIOLA ST Salt Lake City UT 84104
Current Occupant 655 S GLADIOLA ST Salt Lake City UT 84104
Current Occupant 670 S FULTON ST Salt Lake City UT 84104
Current Occupant 675 S GLADIOLA ST Salt Lake City UT 84104
Current Occupant 680 S GLADIOLA ST Salt Lake City UT 84104
Current Occupant 715 S GLADIOLA ST Salt Lake City UT 84104
Current Occupant 720 S GLADIOLA ST Salt Lake City UT 84104
DREDGE MANAGEMENT, LLC 1770 W ALEXANDER ST WEST VALLEY UT 84119
FREMONT PEAK, LLC 3073 E DIMPLE DELL CIR SANDY UT 84092
GFP ALLIANCE SALT LAKE, LLC PO BOX 460189, Dept 126 HOUSTON TX 77056
MICHAEL & JULIE HUISH REV TRET AL PO BOX 271067 SALT LAKE CITY UT 84127
NEW PRIME, INC 2740 N MAYFAIR AVE SPRINGFIELD MO 65803
QUESTAR GAS COMPANY PO BOX 27026 RICHMOND VA 23216
ROBINSON FANS WEST, INC 725 S GLADIOLA ST SALT LAKE CITY UT 84104
SIEVERTS, TONY R 10084 S Altavilla Dr SANDY UT 84092
UNION PACIFIC RAIL ROADCOMPANY 1400 DOUGLAS ST STOP 1640 OMAHA NE 68179
4. ORIGINAL PETITIONS
City Council Briefing - November 7, 2023
SUBDIVISION CODE AMENDMENTS
PLNPCM2023-00494
•Subdivision basics
•What changes are proposed?
•New State Code Standards
•Approval Process
•Subdivision Related Processes
•County Recorder Role
DISCUSSION TOPICS
Image of a neighborhood showing the different subdivision plats and
how they are integrated together.
•What is a subdivision?
•Dividing land into individual lots
•Modifying existing lots
•In SLC:
•Preliminary Subdivision
•Condominiums (type of ownership)
•Subdivision Amendments
•Final Subdivisions
•Lot Consolidations
•Lot Line Adjustments
•Modifications to public streets
Salt Lake City // Planning Division
SUBDIVISION BASICS
An example of a final subdivision plat prior to signatures
•What goes into review process?
•Up to 12 different Divisions/Departments
•Must meet standards for:
•Streets
•Utilities/City Services
•Emergency Access
•Zoning
•Legal stuff
•What is submitted?
•Up to 9 different documents
•Compliance with 85 different standards
Salt Lake City // Planning Division
SUBDIVISION BASICS
An example of a final subdivision plat prior to signatures
•Subdividers must provide public improvements
at their cost:
•Storm drainage (curb, gutter, storm drain, detention
basins, upgrades to pipes if at capacity)
•Water supply line (adequate size, including fire flow
and fire hydrants)
•Streets: constructed to adopted standards
•Sidewalks
•Sewer
•Flood control
•Street trees
•Street lighting
•All other utilities (gas, electricity, etc..)
•Rail crossings (if applicable)
Salt Lake City // Planning Division
SUBDIVISION BASICS
A new storm drain is being installed.
•Uniformity with State code changes
•Reorganizes into a more logical order
•Updates application requirements
•Minor modifications of design standards to align
with City goals and Master Plans
•Changes or eliminates outdated standards
•Clarifies existing regulations
Salt Lake City // Planning Division
WHAT CHANGES ARE PROPOSED?
•Requires a checklist of all application materials
•Requires a list or reference to all city standards used
•All Standards must be adopted.
•Specific requirements for single, two-family, and
townhomes:
•Review for completeness in 15 days
•Up to 4 total review cycles, none can be more than 20 days
•Review comments:
•City must provide an itemized list of deficiencies & missing info
•List must reference the adopted standards (with code citation)
•After four reviews, city must accept plans
•Subdivider must respond to each review comment
•Must have appeal process
Salt Lake City // Planning Division
NEW STATE CODE REQUIREMENTS (10-9A-604.1 AND 604.2)
APPROVAL PROCESS: PRELIMINARY
Salt Lake City // Planning Division
Application Submitted
Review for Completeness
Routing: Dept. Review & Public Notice
Applicant Corrections
Preliminary Approval
APPROVAL PROCESS: DEPT. REVIEW
Salt Lake City // Planning Division
•Compliance with standards = approval
•Subdivision design standards reviewed
•Utilities
•Flood Control
•Connectivity
•Street Design
•Natural Features
•Blocks
•Lots
APPROVAL PROCESS: PUBLIC ROLE
Salt Lake City // Planning Division
•Notice to adjacent properties
•If an amendment, notice to all owners within an existing subdivision,
•Public hearing if:
•Includes altering a public street
•Includes a land use application that does require a public hearing
•When state code requires one
•Subdivision amendments (sometimes)
•SLC does not currently require public hearings for subdivision
•2022: 55 preliminary applications; 55 final applications.
•PC reviewed 119 total applications in 2022
•Requiring a public hearing would be a 46% in PC workload
•Info demonstrating compliance provided by
applicant.
•Not eligible for prelim. approval until
compliance.
•Construction standards for public improvements
are different.
•Adopted by reference in this proposal.
Salt Lake City // Planning Division
SUBDIVISION DESIGN STANDARDS
Buildable areas are shown on a recorded plat along with a natural
hazard area (rockfall)
WHAT DOES PRELIMINARY APPROVAL MEAN?
Salt Lake City // Planning Division
•Authorizes subdivider to proceed with the subdivision
•Next steps:
•Public improvement plans
•Public improvement construction agreements
•Final plat application
•Preliminary approval expires in 18 months if:
•No final plat application has been submitted
•If phased, only phase 1 needs to be submitted
APPROVAL PROCESS: FINAL
Salt Lake City // Planning Division
Salt Lake City // Planning Division
Preliminary Plat
Salt Lake City // Planning Division
Final Plat
Salt Lake City // Planning Division
Preliminary
•Complete Application
•Public Notice
•Dept. Review
•Corrections
•Compliance =
Preliminary Approval
Public
Improvements
•Plans Submitted to
Engineering and
Public Utilities
•Construction
Agreements
Submitted
•4 review cycles
Final Plat
•Improvement
plans/agreements
finalized
•Technical Review of
draft plat (4 review
cycles apply)
•Title Report Review
•Mylar printed
•Mylar Signed
•Recorded
•Subdivision Amendments
•Condominium Conversion
•Lot Line Adjustments
•Lot Consolidations
•Street Dedication Plats
•New streets
•Conversion of private streets
Salt Lake City // Planning Division
OTHER SUBDIVISION PROCESSES
Street Dedication Plat
•Reviews Draft Final Plat (plat
division)
•Review name
•Review descriptions
•After signatures:
•Officially records the plat
Salt Lake City // Planning Division
COUNTY RECORDER ROLE
•County Subdivision Regulations
do not apply to city.
•Utah Code 10-9a-611 (Subdivision
Prohibited Acts)
•Recording before local
approval is prohibited
•(burden on applicant, not
recorder)
•Does not affect compliance
with local ordinances.
Salt Lake City // Planning Division
COUNTY RECORDER ROLE
•Dedicated lands become public
•Individual lots can be sold.
•Individual lots can be developed.
•Must comply with applicable
development regulations.
Salt Lake City // Planning Division
WHAT DOES RECORDING A SUBDIVISION MEAN?
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
Date Received: _________________ ________________________
Rachel Otto, Chief of Staff Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE: October 17, 2023
Darin Mano, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: Subdivision Code Amendments (petition PLNPCM2023-00494)
STAFF CONTACT: Nick Norris, Planning Director at nick.norris@slcgov.com or 801-535-6173
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The Planning Commission adopted a motion that recommends that
the City Council adopt the proposed amendment.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: This proposal is an update to the city’s subdivision code. The
subdivision code establishes regulations related to the division of land, how lots and parcels can
be altered and combined, and how streets are dedicated. A subdivision is a technical type of
review that results in the layout of lots, the location of streets, and the construction of public
improvements. A public improvement is any sort of public infrastructure that is required to be
built as part of a subdivision of land. This includes streets, curbs, gutters, sidewalks, water and
sewer lines, storm drains, street lighting, and street trees. These are all installed and paid for by
the subdivider and turned over, or dedicated, to the city once the improvements are completed.
Under Utah Law, subdivisions are required to be approved if adopted standards are complied
with. The proposed subdivision chapter establishes the standards either directly in the code or by
adopting construction standards by reference. The code includes a long list of information that
must be shown on a plat, in public improvement construction agreements, or in supplementary
documents that are the responsibility of the applicant to provide. The city departments use this
information to determine if standards are complied with.
rachel otto (Oct 17, 2023 11:37 MDT)10/17/2023
10/17/2023
This proposal replaces the existing subdivision code in Chapter 20 of the City Code of Ordinances.
Most of the requirements are in the existing code, but the chapter is being reorganized so the
changes are shown as new. The proposed code is in Attachment A. The version in attachment A
is the legislative version that is prepared for the city council. The version that was presented to
the commission and the public included footnotes that indicate sections that are new and changes
that have been made based on the review done by various city departments. A link to that version
can be found in attachment C.
The proposed code is organized into the following sections:
• 20.02: Title, Authority, Purpose, and Applicability
o This establishes the legal purpose for the chapter, why the city has adopted the
regulations, and how the regulations apply.
• 20.04 Decision Making Bodies
o This describes the roles and powers of the different city departments and
individuals who are involved in any of the processes identified within the chapter.
• 20.10 Application Requirements
o This is a list of all the items that an applicant must submit for the specific type of
application.
• 20.12 Public Improvement Requirements and Agreements
o This chapter identifies all the public improvements (streets, curbs, gutters,
sidewalks, utilities, trees, and other infrastructure) that are necessary to serve the
subdivision. It also outlines the agreements between the city and the developer
installing the infrastructure to ensure it is installed according to adopted
standards.
• 20.14 Public Hearing and Notice Requirements
o This chapter identifies the noticing requirements for each type of application and
the way applications are approved. Please note, that public hearings are only
required if the Utah Code requires a public hearing or if the application includes a
planned development (or other zoning application) that requires a public hearing.
• 20.16 Preliminary and Final Plats
o This outlines the process for reviewing and approving subdivisions. It is typically
a two-step process, one process for preliminary plats and one process for final
plats. The state code mandates a certain number of review cycles for subdivision
improvement plans, which in Salt Lake City occurs during the final plat process.
• 20.18 Lot and Parcel Line Adjustments
o This outlines the process for reviewing and approving changes to a property line.
• 20.20 Lot and Parcel Consolidations
o This outlines the process for combining adjoining properties.
• 20.22 Street Dedication Plats
o This is a rarely used process for creating new streets when a subdivision plat is not
otherwise required.
• 20.26 Subdivision Standards
o This is a list of standards that must be included and implemented by the applicant.
• 20.30 Appeals
o The appeals chapter outlines the process for appealing a final decision related to a
subdivision application.
• 20.40 Enforcement
o Establishes the process for enforcing violations of the subdivision chapter.
• 20.50 Definitions
o The definitions are used to administer and interpret the subdivision code.
The Planning Commission held a briefing on August 23, 2023, and a public hearing on October
11, 2023. After the public hearing, the Planning Commission approved a motion that
recommended that the city council adopt the proposal. The motion included giving planning staff
the ability to modify some sections of the code prior to transmitting the proposal to the council.
Those modifications included clarifying how specific regulations in the subdivision code that
refer to other zoning districts apply. After the staff report was published, a few sections of the
code that reference specific categories of zoning districts did not include all zoning districts. The
modifications included:
• Clarifying that any reference to an underlying zoning district also included any
underlying overlay district; and
• Clarifying which sidewalk widths apply to which types of zoning districts (these are
existing standards but did not include references to all zoning districts which would have
resulted in sidewalks not being required).
These changes have been made to the version of the ordinance attached to this transmittal.
PUBLIC PROCESS: This proposal is subject to the required 45-day public input period
required by City Code 2.60 because it is a code amendment that impacts the process for someone
to obtain a permit or license (subdivision application approval). The 45-day public input process
started on August 8, 2023, and ended on September 22, 2023. All registered, recognized
organizations receive an email notice of the proposal, the public input period, a summary of the
proposal, and instructions regarding how to access project-specific information on the Planning
Division website. In addition, the same information was emailed to the Planning Division’s
email list which contains email addresses for people, businesses, and organizations that have
requested to receive information regarding land use and zoning applications.
The Planning Commission held a briefing on the proposed changes on August 23, 2023. The
briefing was a public meeting, open to the public, and broadcast on SLCTV and on the city’s
YouTube live channel. The briefing was advertised by posting the agenda as required by the
Utah State Code and City Code and emailed to those on the Planning Division email list.
The Planning Commission held a public hearing on October 11, 2023. The public hearing was
posted as required by the Utah State Code and City Code. Utah State Code 10-9a-602 requires
specific noticing requirements for adopting amendments to the city’s subdivision code. The
specific noticing requirements are identified as a class B Notice. A class B notice for a city the
size of Salt Lake City requires the following for noticing the first public hearing on a text
amendment:
• Posting a notice on the Utah Public Notice Website;
• Posting a notice on the city’s website;
• Posting a notice in a public location within the city that is reasonably likely to be seen by
residents of the municipality. To comply with this requirement, notice was posted within
three city libraries: the Main Library, Anderson Branch, and Glendale Branch.
One written comment was submitted prior to the Planning Commission Public Hearing. That
written comment was submitted 15 minutes before the start of the public hearing. It was not
included in the staff report for the commission due to the date and time it was submitted, but it
was provided to the commissioners and summarized by staff during the presentation of the
proposal.
Planning Commission Briefing Records
a) PC Agenda of August 23, 2023 (Click to Access)
b) PC Minutes of August 23, 2023 (Click to Access)
c) Planning Commission Staff Report for August 23, 2023 (Click to Access Report)
Planning Commission Public Hearing Records
a) PC Agenda of October 11, 2023 (Click to Access)
b) PC Minutes of October 11, 2023 (Due to the time frame required by Utah Code for
adoption, this link is to the general PC agenda page. For minutes, follow the link and
scroll down to the October 11, 2023 page. The minutes were not available at time of
transmittal)
c) Planning Commission Staff Report for October 11, 2023 (Click to Access Report)
EXHIBITS:
1) Chronology
2) Notice of City Council Public Hearing
3) Original Petition
4) Public Comment Received After Publishing of PC Staff Report
1. Chronology
June 20, 2023 Petition initiated by Mayor Erin Mendenhall.
June 22, 2023 Petition routed to city departments for review.
.
July 17, 2023 Department review comments due.
August 8, 2023 45-day public input period started.
August 23, 2023 Planning Commission briefing held.
September 22, 2023 45-day public input period ended.
September 28, 2023 Public Notice for planning commission public hearing sent and
posted.
October 11, 2023 Planning Commission public hearing held.
2. City Council Public Hearing Notice
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00494 Subdivision Code
Updates. The changes are necessary to bring the city's subdivision regulations into compliance
with recent state code changes that require cities to update their codes by February 1, 2024.
This proposal reorganizes the subdivision regulations, updates application requirements, makes
minor changes to subdivision approval processes, updates the standards for approval for
dividing land and modifying lots and parcels, updates the subdivision standards to align with
city goals identified in the city's general plan, and makes changes necessary to align with state
code mandates for review times and review processes.
As part of their study, the City Council is holding an advertised public hearing to receive
comments regarding the petition. During the hearing, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The Council may consider
adopting the ordinance the same night of the public hearing.
DATE: October 17, 2023, at 7:00 PM
PLACE: Electronic and in-person options.
451 South State Street, Roon 326, Salt Lake City, Utah
** This meeting will be held via electronic means, while also providing an in-person
opportunity to attend or participate in the hearing at the City and County Building, located at
451 South State Street, Room 326, Salt Lake City, Utah. For more information, including Zoom
connection information, please visit www.slc.gov/council/virtual-meetings. Comments may also
be provided by calling the 24-hour comment line at (801) 535-7654 or sending an email to
council.comments@slcgov.com. All comments received through any source are shared with the
Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call
Nick Norris at 801-535-6173 between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, or via e-mail at nick.norris@slcgov.com. The application details can be accessed at
https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition
number PLNPCM2023-00494.
The City & County Building is an accessible facility. People with disabilities may make
requests for reasonable accommodation, which may include alternate formats, interpreters, and
other auxiliary aids and services. Please make requests at least two business days in advance. To
make a request, please contact the City Council Office at council.comments@slcgov.com, 801-
535-7600, or relay service 711.
3. Original Petition
4. Public Comment Received After Publishing PC Staff Report
SHCC Letter to PC Subdivision Text Amendments www.sugarhousecouncil.org 1
October 11, 2023
TO: Salt Lake City Planning Commission
FROM: Judi Short, Vice Chair and Land Use Chair
Sugar House Community Council
RE: PLNPCM2023-00494Text Amendment Subdivision Code
The Subdivision Code Revision was necessitated by changes in Utah State Code and Salt Lake City is using this
opportunity to enact further revisions.
There are some proposed changes that are concerning, such as:
1. Proposed subdivisions, lot line, or parcel lot line adjustments and consolidations are deemed to be
administrative processes to be decided by the Planning Director or designee. While changing more and more
processes formerly requiring some form of public input into administrative decisions does cut down on the time
and effort by the Planning Commission, it removes valuable public oversight. It is a dangerous precedent and
can lead to outcomes that are sometimes contrary to the intent of zoning such as that promoting a more
pedestrian friendly environment. For example, the recent decision by the Planning Director for the sidewalk
widths in the 2157 S Lincoln project shows why this is a bad idea. The disregard for the hard-fought for new
sidewalk widths in the new zoning was extremely discouraging and disappointing to those who worked so hard
to try to make SLC more walkable.
2. There are no public hearings required for proposed subdivisions, lot line or parcel line adjustments or
consolidations. While this is current practice and “public notice " is required, which is entirely inadequate, and
"public input " is allowed, this is not enough public oversight for people who live in the neighborhood. We
should want more public engagement not less.
3. State mandated review times mean some projects will " go to the head of the line ". While this is probably
unavoidable, it is nonetheless not an optimal situation.
We ask that you approve this text amendment after the text is modified as described above.
1
SALT LAKE CITY ORDINANCE
No. _____ of 202_
(An ordinance repealing and replacing all text, tables, and illustrations in Title 20
of the Salt Lake City Code pertaining to subdivisions and condominiums)
An ordinance repealing and replacing all text, tables, and illustrations in Title 20 of the
Salt Lake City Code pertaining to the regulation of subdivisions and condominiums pursuant to
Petition No. PLNPCM2023-00494.
WHEREAS, on October 11, 2023, the Salt Lake City Planning Commission (“Planning
Commission”) held a public hearing to consider a petition submitted by Mayor Erin Mendenhall
(Petition No. PLNPCM2023-00494) to repeal and replace all of the text, tables, and illustrations
in Title 20 of the Salt Lake City Code pertaining to subdivisions and condominiums; and
WHEREAS, at its October 11, 2023 meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Repealing and replacing the text, tables, and illustrations of Salt Lake City
Code Title 20. That Title 20 of the Salt Lake City Code (Subdivisions and Condominiums) as it
appears up to the time of adoption and publication of this ordinance, including all text, tables,
and illustrations, is hereby repealed in its entirety and is hereby replaced with the following text,
tables, and illustrations:
2
TITLE 20
SUBDIVISIONS
Title, Authority, Purpose, and Applicability 20.02
Decision Making Bodies 20.04
Application Requirements 20.10
Public Improvement Requirements and Agreements 20.12
Public Hearing and Notice Requirements 20.14
Preliminary and Final Plats 20.16
Lot and Parcel Line Adjustments 20.18
Lot and Parcel Consolidations 20.20
Street Dedication Plats 20.22
Subdivision Standards 20.26
Appeals 20.30
Enforcement 20.40
Definitions 20.50
CHAPTER 20.02
TITLE, PURPOSE, AUTHORITY, AND APPLICABILITY
20.02.010: TITLE:
This title shall be known and cited as TITLE 20, SUBDIVISIONS ORDINANCE OF SALT
LAKE CITY, UTAH.
20.02.020: AUTHORITY:
This title is enacted pursuant to Chapter 10-9a and Title 57 of the Utah Code, or their
successors. This title is further enacted as an implementation element of the adopted Salt
Lake City general plan and the components of the adopted general plan for Salt Lake City.
20.02.030: PURPOSE:
The purpose of this title, and any rules, regulations and specifications hereafter adopted, is to
regulate the subdivision of land, condominiums, and adjustments to and consolidations of
lots and parcels, within Salt Lake City to:
A. Acknowledge property ownership rights;
B. Preserve and enhance the health, safety, welfare, and amenities of the community; and
C. Implement the adopted general plan.
3
20.02.040: APPLICABILITY:
This title shall apply to all properties in the city where the owner of the property or
authorized agent of the property intends to:
A. Divide land within the city.
B. Amend or modify any existing subdivision within the city.
C. Create, modify, or dissolve any condominium within the city.
D. Modify any property line between adjacent properties.
E. Consolidate any number of existing lots or parcels with other lots or parcels.
F. Exceptions: This title is not applicable to properties owned by the federal government or
State of Utah or other entity that is exempt from local land use regulations applicable to
subdividing, amending, modifying, or consolidating land.
20.02.040: INTERPRETATION:
The regulations contained in this title shall be interpreted and applied in accordance with the
following rules:
A. Minimum Requirements: All regulations shall be construed as the minimum requirements
necessary to promote the public health, safety, morals, convenience, order, prosperity,
and welfare of the present and future inhabitants of the city.
B. Relationship to Easements, Covenants and Other Agreements: The provisions of this title
are not intended to interfere with, abrogate or require enforcement by the city of any
legally enforceable easements, covenants, or other agreements between private parties
that may restrict the use of land or dimensions of structures more than the provisions of
this title. When the regulations of this title impose greater restrictions than are imposed
by such easements, covenants, or other agreements between parties, or than are required
by laws or other applicable ordinances, the provisions of this title shall control.
C. Number: A word importing the singular number may be applied to plural persons and
things. The use of the plural number shall include any single person or thing.
D. Tense: The present tense of a word includes the future tense as well.
E. Shall, May: The word “shall” is mandatory; the word “may” is permissive.
F. Computation of Time: The time within which an act is to be done shall be computed by
excluding the first and including the last day. If the last day is a Saturday, Sunday or legal
4
holiday recognized by the city, that day shall be excluded. Deadlines shall be interpreted
to be 11:59 p.m. on the date listed.
G. Year: The word “year” shall mean any consecutive 12 month period unless otherwise
indicated.
H. The numbered sections of this title shall be referred to as follows:
1. Title shall be the first two numbers followed by a decimal point.
2. Chapter refers to the two numbers that follow the first decimal point.
3. Section refers to the three numbers that follow the chapter numbers and separated
from the chapter with a decimal point.
I. Conflicts with State or Federal Code: Whenever this code conflicts with a state or federal
requirement, the state or federal requirement shall take precedence.
J. Any reference to an underlying zoning district shall also include any applicable overlay
zoning district identified in Title 21A.
20.02.050: AMENDMENTS TO TITLE:
Any amendment to this title shall follow the requirements of Utah Code Section 10-9a Part 6,
the requirements of Chapter 2.60 and the noticing requirements in this title for public
hearings.
CHAPTER 20.04
DECISION MAKING BODIES
SECTION:
20.04.010: Summary of Authority
20.04.020: City Council
20.04.030: Mayor
20.04.040: Planning Commission
20.04.050: Other City Officials
20.04.010: SUMMARY OF AUTHORITY:
The entities described in this chapter, without limitation upon such authority as each may
possess by law, have responsibility for implementing and administering this title in the
manner described hereto.
5
20.04.020: CITY COUNCIL:
The city council shall have the authority for the following actions described in this title,
subject to the processes, standards, and factors identified hereto:
A. Initiating amendments to the text of this title.
B. Final approval of amendments to the text of this title.
C. Final decision authority for subdivision amendments involving closure, vacation (in
whole or in part), alteration, amendment, or dedication of public right of way or public
easements.
20.04.030: MAYOR:
The mayor, or the mayor’s designee, shall have the authority for the following action
described in this title, subject to the processes, standards, and factors identified hereto:
A. Initiating amendments to the text of this title.
B. Final approval of final subdivision plats or other recordable instruments evidencing any
action under this title.
C. Acceptance of lands and public improvements that may be proposed for dedication.
20.04.040: PLANNING COMMISSION:
The planning commission, or designee, shall have the authority for the following actions
described in this title, subject to the processes, standards, and factors identified hereto:
A. Initiate amendments to the text of this title.
B. Recommend amendments to the text of this title to the city council.
C. Provide a recommendation to the city council on subdivision amendments where the city
council has final authority to decide on a proposed amendment.
D. Final approval authority on applications required by this title that specify the planning
commission is the approval authority, when the planning director defers final authority to
the planning commission, or when associated with a planned development as defined in
Title 21A.
6
20.04.050: OTHER CITY OFFICIALS:
This title shall be administered by city staff as indicated in this section. The specific position
listed may designate another employee to fulfill the roles and authority granted within this
chapter. Each city position, when specifically authorized by this title, shall have the authority
to administer and interpret this title as indicated in the various chapters found within this title
and as listed in this section.
A. City Attorney: The city attorney shall be responsible for reporting to the mayor as to the
form of the final plat or other recordable instruments evidencing any action under this
title. The city attorney shall certify that any lands dedicated to the public are dedicated in
fee simple and that the person or persons subdividing and dedicating the land are the
owners of record.
B. City Engineer: The city engineer shall coordinate final approval authority over all
subdivision improvement plans with other city departments, inspect all public
improvements in coordination with the director of public utilities, administer any
assurance devices related to the installation of public infrastructure, and enforce the
provisions of this title as the subdivision is developed.
C. Director of Public Utilities: The public utility director shall have final approval authority
over all subdivision improvement plans involving utility infrastructure administered by
the department, inspect all public utility installations in coordination with the city
engineer, administer any agreements between a subdivider and the city related to the
department, and enforce the provisions of this title related to public utilities as needed.
D. Planning Director: The planning director has the responsibility to process and decide any
application required by this title. The planning director shall also interpret this title as it is
administered.
E. Building Official: the building official has the authority to review applications related to
condominiums as provided in this title.
F. Transportation Director: the transportation director has the authority as indicated in this
title.
G. Any of the above city officials may seek advice, input, and recommendations from other
city personnel not listed in this section at their discretion to ensure compliance with this
title.
CHAPTER 20.10
APPLICATION REQUIREMENTS
20.10.010: Application Required
20.10.020: Fees
20.10.030: Complete Application
7
20.10.040: Submittal Requirements for Preliminary Subdivision Applications
20.10.050: Submittal Requirements for Final Plats and Other Recordable Instruments
20.10.060: Submittal Requirements for Lot and Parcel Line Adjustments
20.10.070: Submittal Requirements for Lot and Parcel Consolidations
20.10.080: Submittal Requirements for Street Dedication Plats
20.10.010: APPLICATION REQUIRED:
Any proposal that is authorized by this title is required to submit an application, provided by
the zoning administrator, to the city. The application shall include all information required
by this title.
20.10.020: FEES:
The application shall be accompanied by the applicable fees shown on the Salt Lake City
consolidated fee schedule. The subdivider shall also be responsible for payment of all fees
established for providing the public notice required by this title, in accordance with the
consolidated fee schedule, including costs of mailing, preparation of mailing labels and all
other costs relating to notification. Plan review fees required for public utility requirements
and any public improvements shall be required to pay a separate fee when the fee is listed on
the Salt Lake City consolidated fee schedule.
20.10.030: COMPLETE APPLICATION:
An application required under this title will be considered complete when a completed
application form is submitted, all submittal requirements have been provided, and all
required fees paid. An application will not be processed until it is complete as required in
this section. A substantive review of a complete application will start after the application is
considered complete. The substantive review may identify missing or incorrect information
necessary to verify compliance with the requirements of this title. The applicant shall be
responsible for responding to requests for missing and to correct information as necessary for
the city to verify compliance with the requirements of this title.
A. Subdivisions that include single family, two family, and single family attached uses: A
subdivision that includes single family, two family, or single family attached uses shall
be reviewed for completeness as specific in Utah Code Section10-9a-604.2 or its
successor.
B. All other subdivisions: All other subdivisions shall be reviewed for completeness within
30 days of the subdivider submitting the application and paying the required fees.
C. Incomplete Applications: It shall be the responsibility of the subdivider to ensure that all
applications are completed in full, include all submittal requirements required by this
section, and pay all required applications fees. A subdivider who fails to provide all the
required information that is necessary to start a comprehensive, substantive review of the
8
application will be provided with one written notice of missing submittal requirements.
The notice shall itemize each item that is missing, including the citation from this code
and provide a deadline of 30 days to provide the missing information. A subdivider that
fails to submit the information or that fails to negotiate a different deadline to submit the
information, may be considered withdrawn and closed.
20.10.040: SUBMITTAL REQUIREMENTS FOR PRELIMINARY SUBDIVISIONS:
An application for a preliminary subdivision shall include all information listed in this
section. The preliminary subdivision application is required for all new subdivisions,
subdivision amendments, and condominiums, including new condominiums, conversions of
existing buildings to condominiums, and modifications to an existing condominium.
A. Required forms as provided by the planning director;
B. All applicable fees;
C. The name and address of the subdivider, if different than the recorded owner, there shall
be a statement from the recorded owner authorizing the subdivider to act on the owner’s
behalf;
D. The name, address, phone number, email, of the person and organization preparing the
subdivision documents;
E. A preliminary plat map that includes:
1. A name that is not a duplicate of any other subdivision in the city or county. Plat
maps that are amending an existing subdivision shall include in the name of the
original subdivision with the term “amendment” and a number indicating the next
number of amendment that is proposed. Example: “Subdivision X, Amendment 1” or
“Subdivision X, Amending Lot Y”;
2. The names and addresses of the record of owner or owners. Each name shall match
with the names that appear on the title report for the property;
3. The date the preliminary plat map was prepared;
4. A written and graphic scale that is adequate to be able to determine compliance with
all applicable subdivision and zoning standards;
5. A description that defines the location and boundaries of the proposed subdivision;
6. The location, names, and existing widths and grades of adjacent streets;
7. The location, name, widths, and grades of all proposed streets. All street names must
be approved by Salt Lake County prior to preliminary plat application being
submitted. If a street is a numbered road, such as 100 South Street, it must be
approved by the city engineer. To receive a name, a private street must be labeled as
such on the plat. A street name will not be provided for cross access easements;
8. The names of adjacent subdivisions and the names of owners of adjacent land that is
not within a recorded subdivision;
9
9. Elevation contours at one-foot intervals, for predominant ground slopes within the
subdivision between level and 5%, and five-foot contours for predominant ground
slopes within the subdivisions over 5%. Such contours shall be based on the Salt Lake
City datum. The elevation shall reference an existing benchmark or street monument
set by the surveyor provided the elevation is provided and it is consistent with the
vertical datum designation shown;
10. A statement about the present zoning and proposed use of the property;
11. Any proposed public areas;
12. Any proposed lands to be retained in private ownership for common use by the
owners of property within the subdivision. When a subdivision contains such lands,
the subdivider shall submit, with the preliminary plat, the name, and articles of
incorporation of the owner or organization empowered to own, maintain, and pay
taxes on such lands;
13. The approximate radius of each curve;
14. The approximate layout and dimensions of each lot;
15. The area of each lot in square feet;
16. A statement of the water source;
17. A statement of provisions for sewerage and sewage disposal;
18. All required or needed major storm drain facilities. This may be provided in public
improvement plans submitted with a final plat;
19. Any existing or proposed dedications, easements, and deed restrictions;
20. If the development contains lots that are units, the boundaries of such units shall be
shown on the preliminary plat;
21. A slope classification map that indicates slopes more than 30% (three feet of rise for
every ten horizontal feet) demarcated with a cross hatch and labeled as undevelopable
when located in a foothill zoning district;
22. Any required setback or no build area from any water body when required by the
adopted general plan or Title 21A Zoning;
23. The area of all blocks within the subdivision;
24. Demonstrate that the subdivision complies with all applicable subdivision design
standards found in Chapter 20.26 Subdivision Standards and any requests for a
modification to a subdivision design standard;
25. Identification of any adjacent parcels or lots that abut the subdivision, including
providing parcel or lot boundaries, tax identification numbers, and addresses; and
26. Identification of any special flood hazard areas subject to inundation by the 1%
annual chance (100 Year) flood based on the most recent FEMA FIRM panel.
F. Supplementary documents that include:
1. A grading plan, showing by appropriate graphic means the proposed grading of the
subdivision including existing and proposed contours and finished floor elevations of
all buildings;
2. The approximate location of all isolated trees with a trunk diameter of four inches or
greater, within the boundaries of the subdivision, and the outlines of wooded areas;
10
3. The approximate boundaries of areas subject to inundation or stormwater overflow,
and the location, width, and direction of flow of all watercourses. This may be
provided in public improvement plans submitted with a final plat;
4. The approximate widths, locations, and uses of all existing or proposed easements for
drainage, sewerage, and public utilities;
5. The existing use or uses of the property, and the outline of any existing buildings and
their locations in relation to existing or proposed street and lot lines, drawn to scale;
6. The locations, names, widths, approximate grades and a typical cross section of curbs,
gutters, sidewalks and other improvements of the proposed street and access
easements, including proposed locations of all underground utilities. This may be
provided in public improvement plans submitted with a final plat;
7. The location of any of the foregoing improvements which may require to be
constructed beyond the boundaries of the subdivision shall be shown on the
subdivision plat or on the vicinity map as appropriate. This may be provided in public
improvement plans submitted with a final plat;
8. A phase one environmental site assessment report to identify the presence of any
harmful, dangerous, or hazardous material or pollutant that may be present on any
land within a subdivision that is intended to be dedicated to the public. This is not
required if there is no land dedication within the boundaries of the subdivision; and
9. If the subdivision includes slopes over 30% or is in a fault rupture zone, a preliminary
geotechnical report prepared by a civil engineer specializing in soil mechanics and
registered by the State of Utah, based upon adequate test borings or excavations shall
be submitted. If the preliminary soil report indicates the presence of critically
expansive soils, or other soil problems which, if not corrected, would lead to
structural defects, a soil investigation of each lot in the subdivision may be required.
The soil investigation shall recommend corrective action intended to prevent
structural damage. This may be required to be submitted after the application is
considered complete as part of the substantive review of the application or as a
condition of preliminary approval;
G. If the preliminary plat map is for a condominium, the following information must be
provided:
1. A condominium declaration and plat that complies with applicable Utah Code
Chapter 57-8 Condominium Ownership Act or its successor. The declaration shall
also include:
a. A statement that the homeowners’ association may regulate, limit, or prohibit
rentals of condominium units;
b. A statement that the homeowners’ association may require the rental of
condominium units to be conducted through the homeowners’ association or a
designated management company, and may require that all lease agreements be
reviewed and approved by the homeowners’ association or the management
company, that any tenants be screened and approved by the homeowners’
association or the management company prior to renting the condominium, and
11
that the approval of the homeowners’ association or the management company
shall not be unreasonably withheld;
c. A statement that prior to renting any condominium unit, the condominium owner
and the tenant shall execute a written lease agreement which shall include the
following provisions:
(1) The tenant shall agree to comply with all the terms and conditions of the
condominium declaration and bylaws;
(2) The tenant shall agree not to allow or commit any nuisance, waste, unlawful
or illegal act upon the premises; and
(3) The owner and the tenant shall acknowledge that the homeowners’ association
is an intended third-party beneficiary of the lease agreement, that the
homeowners’ association shall have the right to enforce compliance with the
condominium declaration and bylaws and to abate any nuisance, waste,
unlawful or illegal activity upon the premises; and that the homeowners’
association shall be entitled to exercise all the owner’s rights and remedies
under the lease agreement to do so;
d. A statement requiring that prior to a tenant’s occupancy of a condominium unit,
the condominium owner must provide to the homeowners’ association the name,
address and telephone number of the tenant and a copy of the written lease
agreement;
e. A statement that the homeowners’ association shall have the right and the
obligation to enforce compliance with the condominium declaration and bylaws
against any owner and/or occupant of any condominium unit and shall have all
rights and remedies available under state or local law, in addition to its rights and
remedies as a third-party beneficiary under any lease agreement, to enforce such
compliance;
f. A statement that the maintenance of the shared utilities and other shared
infrastructure is the responsibility of the homeowner’s association; and
g. Each condominium unit must be identified by a number in numerical order;
2. If the proposed condominium is converting an existing building, the following
additional info is required:
a. A property report must be prepared consistent with the requirements of Section
18.32.050 of this code (adopted building code appendix; nonconforming building
conversion), and submitted as part of the application, together with a plan for
proposed improvements, renovations, or repairs to existing structures/facility;
b. Proof of notice to occupants shall be required before final approval. The notice
shall include the estimated purchase price of the units, and information regarding
proposed improvements. The notice shall describe any financing packages or
economic incentives being offered to tenants to assist in unit purchase. The notice
shall also include a date occupants must vacate or purchase, said date shall be no
earlier than 90 days after service of the notice. Relocation information for the
tenants, specifying available housing relocation resource agencies, and a plan of
12
any services to be voluntarily provided by the owner/developer, shall be included
in the notice; and
c. The preliminary plat map shall include all information required by Utah Code
Section 57-8-13 or its successor; and
H. If the application is a subdivision amendment, the following shall be provided in addition
to the previous listed items for preliminary plat:
1. A name that is not a duplicate of any other subdivision in the city or county. Plat
maps that are amending an existing subdivision shall include in the name of the
original subdivision with the term “amendment” and a number indicating the next
number of amendment that is proposed. Example: “Subdivision X, Amendment 1” or
“Subdivision X, Amending Lot Y”;
2. The boundaries of the proposed subdivision amendment and the total number of lots
being proposed because of the amendment;
3. Identification of the lots that are subject to the amendment;
4. If the amendment includes land that is outside of the existing boundary of the
subdivision, a new description of the boundary, the legal descriptions of the land that
is proposed to be added to the subdivision, the number, size, and dimensions of all
lots subject to the proposed amendment;
5. The signature of all owners within the subdivision indicating consent to the proposed
subdivision. If not all owners have consented, a list of recorded names of the owners
who have not consented to the subdivision amendment; and
6. If the amendment includes an alteration to a public street, alley or other right of way
or an alteration to any public easement or note on the plat that grants any public
interest, consent from the entity that has a right to the street, easement, or note that
the subdivider may proceed with the proposed amendment. In addition, the
application shall include the following information about any alterations:
a. The legal description of the public street, alley or other right of way or easement
or note as it currently exists and how it would be described if the amendment
were to be approved;
b. Appropriate infrastructure plans for the modification of any public street, alley, or
other right of way. This may be provided in public improvement plans submitted
with a final plat; and
c. If required, a draft written agreement to purchase the entirety or portion of any
street, alley, or right of way or any public easement that is proposed to be
amended by the subdivision.
20.10.050: SUBMITTAL REQUIREMENTS FOR FINAL PLATS AND OTHER
RECORDABLE INSTRUMENTS:
An application for a final plat shall include all information provided in this section. The final
plat application is required for all new subdivisions, subdivision amendments, and
condominiums, including new condominiums, conversions of existing buildings to
13
condominiums, and modifications to an existing condominium. All final plat documents shall
be consistent with the preliminary approval and reflect any conditions of approval. If a final
plat is not required, the application shall include all information provided for in the
applicable section below.
A. Submission Requirements for Final Plat:
1. At the time a final plat of a subdivision is submitted to the planning director, the
subdivider shall submit therewith the following documents:
a. The final plat shall be accompanied by a current property title report naming the
persons whose consent is necessary for the preparation and recordation of such
plat and for dedication of the streets, alleys and other public places shown on the
plat, and certifying that as of the date of the preparation of the report, the persons
therein named are all the persons necessary to give clear title to such subdivision;
b. If a preliminary soil report was required for the preliminary plat review, a copy of
that report shall be included with the final plat. The fact that a soil report has been
prepared shall be noted on the final plat and the report shall be recorded as a
supporting document with the plat;
c. Environmental site assessments and remediation, if remediation was needed, as
specified in Subsection 20.26.060.B.
d. The public improvement plans, agreement and bonds specified in Chapter 20.12
of this title, or successor sections; and
e. Copies of all proposed deed restrictions.
2. Preparation and Materials on Final Plat: A digital final plat shall be submitted by the
subdivider with the attributes listed below and that includes all the following
information:
a. 24 inches x 36 inches in size with a minimum of ½ inch margins from the edge of
the sheet;
b. The map shall be oriented with north or east at the top of the sheet, whichever
orientation best accommodates the proposed subdivision;
c. A north arrow, with all labels and descriptions oriented with the north direction;
d. The actual plat drawing shall be made on a scale large enough to clearly show all
details, and the workmanship on the finished drawing shall be neat, clear, and
readable. The preferred scales are one-inch equals twenty feet (1” = 20’) or one-
inch equals thirty feet (1” = 30’), but in no cases shall the scale be smaller than
one-inch equals one hundred feet (1” = 100’);
e. The location of the subdivision within the city shall be shown by a small-scale
vicinity map inset on the title sheet;
f. The title of each sheet of such final plat shall consist of the approved name of the
subdivision at the top center and lower right-hand corner of the sheet, followed by
the words “Salt Lake City”. Plats filed for the purpose of showing land previously
subdivided as acreage shall be conspicuously marked with the words “Reversion
to Acreage”;
14
g. An accurate and complete boundary survey to second order accuracy shall be
made of the land to be subdivided. A traverse of the exterior boundaries of the
tract, and of each block, when computed from field measurements on the ground,
shall close within a tolerance of one foot to 15,000’ of perimeter;
h. The final plat shall show all survey and mathematical information and data
necessary to locate all monuments and to locate and retrace all interior and
exterior boundary lines appearing thereon, including bearing and distance of
straight lines, and central angle, radius, and arc length of curves. Identify the basis
of bearing between two existing monuments;
i. All lots, blocks, and all parcels shall be delineated and include the following
information:
(1) All dimensions, boundaries, size, and courses clearly shown and labeled No
ditto marks shall be used for lot dimensions;
(2) Lot numbers shall begin with the numeral “1” and continue consecutively
throughout the subdivision with no omissions or duplications. Condominium
plats may use a number, such as “101” to label individual condominium units
when there are multiple buildings or floors; where the first number indicates a
different building or floor within an existing building;
(3) Addresses for each lot within the subdivision, assigned by the city engineer,
shall be shown on the plat. Parcels offered for dedication other than for streets
or easements shall be designated by letter and address;
(4) All common areas shall include a unique address;
(5) Sufficient linear, angular and curve data shall be shown to determine readily
the bearing and length of the boundary lines of every block, lot and parcel
which is a part thereof; and
(6) Sheets shall be so arranged that no lot is split between two or more sheets and,
wherever practicable, blocks in their entirety shall be shown on one sheet;
j. The plat shall show the right of way lines of existing and new streets with the
street name and number value of the street, the width of any portion being
dedicated, label all streets as private or public, and widths of any existing
dedications. The widths and locations of adjacent streets and other public
properties within 50’ of the subdivision shall be shown. If any street in the
subdivision is a continuation or an approximate continuation of an existing street,
the conformity, or the amount of nonconformity of such street to such existing
streets shall be accurately shown;
k. All easements shall be shown by fine dashed lines. The widths of all easements
and sufficient ties thereto to locate the same with respect to the subdivision shall
be shown. All easements shall be clearly labeled and identified;
l. If the subdivision is adjacent to a waterway or any portion of the subdivision is
located in special flood hazard area, the map shall show the line of high water
with a continuous line and shall also show with a fine continuous line any lots
subject to inundation by a 1% chance flood, frequency flood, i.e., a flood having
an average frequency of occurrence in the order of once in 100 years although the
flood may occur in any year (the 100-year floodplain is defined by the U.S. Army
Corps of Engineers). Land that is subject to any overlay district in Chapter
15
21A.34 that requires a buffer from a waterway shall be depicted on the plat where
restrictions to future development apply and include appropriate notes on the plat
referencing the applicable overlay district restrictions including the minimum
flood elevation of all buildings;
m. The plat shall show fully and clearly:
(1) All monuments found, set, reset, replaced, or removed, stated at each point or
in legend. Monument caps set by surveyor must be stamped with L.S. number
or surveyor and/or company name, and date. Drawings of brass caps, showing
marked and stamped data for any existing monuments and the monuments to
be set, shall be included on the plat;
(2) Type of boundary markers and lot markers used; and
(3) Other evidence indicating the boundaries of the subdivision as found on the
site;
n. The title sheet of the plat shall show the following information:
(1) Name of the subdivision at the top center and lower right-hand corner of the
sheet; with location indicated by quarter section, township, range, base, and
meridian;
(2) Number of sheets in the lower right right-hand corner;
(3) Name of the engineer or surveyor with the date of the survey;
(4) North direction;
(5) Scale of the drawing;
(6) The location of the subdivision within the city shall be shown by a small-scale
vicinity map inset; and
(7) Plats filed for the purpose of showing land previously subdivided as acreage
shall be conspicuously marked with the words “Reversion to Acreage”;
o. The following certificates, acknowledgments, and boundary descriptions:
(1) Registered, professional land surveyor’s “certificate of survey” together with
the surveyor’s professional stamp, signature, name, business address, and
phone number;
(2) Owner’s dedication certificate (with subdivision name included);
(3) Notary public’s acknowledgment (with subdivision name included);
(4) A boundary description of all property being subdivided, with sufficient ties to
section corner, quarter corner, land corner or recorded subdivision, etc., and
with reference to maps or deeds of the property as shall have been previously
recorded or filed. Each reference in such description shall show a complete
reference to the book and page of records of the county. The description shall
also include reference to any vacated area with the vacation ordinance number
indicated;
(5) The tax parcel identification numbers for all existing parcels shown on the
plat; and
16
(6) Such other affidavits, certificates, acknowledgments, endorsements, and
notary seals as are required by law and by this chapter;
p. Signature blocks for all required entities that are required to sign the recordable
document shall include space for a signature and date of signing. Required
signature blocks include:
(1) The owners of the property to be subdivided, which shall be identical to the
recorded owners of record of the property as indicated in the title report;
(2) County health department;
(3) Public utilities director;
(4) City Engineer;
(5) Planning director;
(6) Building official, if the plat is a condominium;
(7) City attorney;
(8) Mayor;
(9) City recorder; and
(10) City surveyor.
q. If the final plat is a condominium: the final documents required under Subsection
20.10.040.C that are updated to include any requirement or condition approved as
part of the preliminary approval; and
r. After review and approval by the city of the draft final plat, the subdivider shall
provide the plat in a form that is acceptable to the county recorder’s office for
recording the plat after the plat has all required signatures. This version shall be
identical to the approved draft final plat.
B. Public Improvement Plans: Construction plans and details, reports, studies, and permit
applications for all required public improvements shall be provided at the time of final
plat applications. Public improvement plans shall include all required information to
address the requirements of Chapter 20.12 and any applicable provision of Chapter 20.26
and any other applicable section of the Salt Lake City Code of Ordinances, federal law,
or Utah Code that regulate the construction or improvement of public infrastructure and
improvements.
C. Final Plats for Subdivision Amendments: If a final plat is a subdivision amendment, the
final plat shall comply with all the requirements for final plats and include the following
additional information:
1. Final condominium declaration as required under applicable Utah Codes;
2. If the amendment includes a public street:
a. A binding agreement to pay the fair market value to the city for any portions of
the street that are proposed to be vacated; and
17
b. The plat shall indicate how the vacated portion of a public street will be
identified, whether added to an existing lot or creating a new lot if authorized by
this title; and
3. A traffic impact study that provides an analysis of the impacts of closing or vacating a
public street.
D. Exceptions to Final Plat: If, after preliminary approval, a subdivision plat is not required
as provided in this title or by Utah Code, a subdivider shall submit the following
documents to record the subdivision without a plat:
1. A draft “notice of subdivision approval for ten lots or less” on a form that is provided
by the planning director;
2. The legal descriptions of the existing parcels that are proposed to be subdivided; and
3. Copies of deeds that transfer the ownership of new lots that include the legal
descriptions of each lot that is within the proposed subdivision.
20.10.060: SUBMITTAL REQUIREMENTS FOR LOT AND PARCEL LINE
ADJUSTMENTS:
An application to amend a lot or parcel line shall include all the following information:
A. Required forms as provided by the planning director;
B. All applicable fees;
C. The name and address of the subdivider, if different than the recorded owner there shall
be a statement from the recorded owner authorizing the subdivider to act on the owner’s
behalf;
D. The name, address, phone number, email, of the person and organization preparing the
subdivision documents;
E. The signatures of all property owners of record whose land is involved in the adjustment;
F. Digital copies of a site plan, record of survey and other items necessary for proper review
as specified by the planning director. The site plan shall be verified by a Utah registered
land surveyor or licensed engineer and include the following information:
1. Current lot or parcel lines;
2. Proposed adjustment(s) to the existing and adjusted lot or parcel lines;
3. Location of the home(s) and/or building(s) on the parcels involved, including
accessory buildings;
4. Setbacks from all buildings to the existing and adjusted lor or parcel line(s);
5. Subdivision standards that are applicable to lot and parcel line adjustments;
18
G. A deed or other recordable instrument that will be used to execute the adjustment on a
form provided by the planning director; and
H. Verification that relocation of a lot or parcel line(s) will not leave in place a utility
easement(s) that will impede future development.
20.10.070: SUBMITTAL REQUIREMENTS FOR LOT AND PARCEL
CONSOLIDATIONS:
An application to combine lots or parcels shall include all the following information:
A. Required forms as provided by the planning director;
B. All applicable fees;
C. The name and address of the property owner, if different than the recorded owner(s) there
shall be a statement from the recorded owner(s) authorizing the subdivider to act on the
owner’s or owners’ behalf;
D. The name, address, phone number, email, of the person and organization preparing the
consolidation documents;
E. The signatures of all property owners of record whose land is involved in the
consolidation;
F. A site plan, verified by a Utah registered land surveyor depicting the following
information:
1. Current lot or parcel lines;
2. Location of any home(s) and/or building(s) on the lots or parcels involved, including
accessory buildings; and
3. Inclusion of all subdivision standards that are specifically applicable to
consolidations;
G. Verification that elimination of a lot or parcel line(s) will not leave in place any utility
easement(s) that will impede future development; and
H. A copy of the deed or other recordable instrument that will be used to execute the
consolidation on a form provided by the planning director. The instrument shall clearly
indicate that the parcels or lots are to be consolidated into one parcel or lot and one legal
description. If the consolidation includes land within an existing subdivision, the name of
the existing subdivision and recording reference to the subdivision plat or most recent
amended plat shall be referenced and the specific lots that are intended to be consolidated
identified.
19
20.10.080: SUBMITTAL REQUIREMENTS FOR STREET DEDICATION PLATS:
An application to dedicate a street as a public street, whether the street is proposed or
existing, shall include the following information:
A. Required forms as provided by the planning director;
B. All applicable fees. A street dedication application shall be charged the same fee as a
final plat;
C. The name and address of the applicant. If different than the recorded owner there shall be
a statement from the recorded owner authorizing the subdivider to act on the owner’s
behalf;
D. The name, address, phone number, email, of the person and organization preparing the
dedication documents;
E. The signatures of all property owners of record whose land is involved in the dedication;
F. A draft plat that complies with all the requirements for a final plat, except those
requirements pertaining to proposed lots;
G. Construction plans that demonstrate compliance with all adopted and applicable
standards for public streets. If the street was approved as a substandard public street as a
planned development under Title 21A, the applicant shall provide evidence that the street
dedication plat complies with the planned development approval; and
H. If the street dedication plat is for an existing street that is not a public street, the applicant
shall demonstrate all requirements and processes required by Chapter 14.54 or its
successor.
I. Any private utilities located in the street dedication shall meet current standards or be
replaced and dedicated to Salt Lake City.
CHAPTER 20.12
PUBLIC IMPROVEMENT REQUIREMENTS AND AGREEMENTS
20.12.010: Subdivision Improvement Construction Agreement Required
20.12.020: Public Improvements Required
20.12.030: Timing and Phasing of Public Improvements
20.12.040: Underground Utility Installation
20.12.050: Subdivision Improvement Construction Agreements
20.12.060: Bond and Security Requirements
20.12.070: Security Devices Securing Payment Risk
20.12.080: No Public Right of Action
20.12.090: As Built Plans Filed for Public Improvements
20
20.12.010: SUBDIVISION IMPROVEMENT CONSTRUCTION AGREEMENT
REQUIRED:
A subdivider for a subdivision that requires construction, repair, or replacement of public
improvements shall be required to provide subdivision improvement plans with a final plat
application. The review cycles in Utah Code Sections 10-9a-604.1 and 10-9a-604.2 or its
successor shall apply. When the only public improvements required by this chapter relate to
public utilities, any reference to the city engineer shall be interpreted to apply to the director
of public utilities.
20.12.020: PUBLIC IMPROVEMENTS REQUIRED:
The subdivider shall be responsible for providing all public improvements as required by this
section. Any missing or deficient public improvement identified by this section shall be
brought up to current standards.
A. The subdivider shall improve all streets, pedestrianways or easements in the subdivision,
and adjacent streets required to serve the subdivision to the standards and specifications
adopted by the city that are found in the Salt Lake City Code of Ordinances or adopted by
reference. The subdivider may not begin permanent improvement work until public
improvement plans and profiles have been approved by the city engineer and a
subdivision improvement construction agreement has been executed between the
subdivider and the city. The subdivider shall cause improvements to be installed to
permanent line and grade and to the satisfaction of the city engineer, and in accordance
with the standard subdivision specifications contained in Chapter 20.12 of this title. The
subdivider shall pay the cost of inspection. The subdivider may request that certain public
improvements be waived by the city’s complete streets committee. The complete streets
committee may waive those improvements for which it has authority.
B. The following are minimum improvements that the subdivider normally must agree to
install at the subdivider’s cost before acceptance and approval of the final subdivision
plat by the city:
1. Grading, curbs and gutter, paving, drainage, and drainage structures necessary for the
proper use and drainage of streets and pedestrianways, and for the public safety;
2. Site grading and drainage, taking into consideration the drainage pattern of adjacent
improved and unimproved property and treating upstream areas, where appropriate,
as though fully improved. All site grading must conform to the specifications
contained in Chapter 20.12 of this title;
3. All streets and pedestrianways must be graded, and surfaced to widths and grades
shown on the improvement plans and profiles. The subdivider must improve the
extension of all subdivision streets and pedestrianways to any intercepting or
intersecting streets;
4. Sidewalks must be installed as shown on the improvement plans;
21
5. Sanitary sewer facilities connecting with the existing city sewer system must be
installed to serve the subdivision, with a separate private lateral for each lot, and to
grades and sizes shown on the plans;
6. Stormwater drains and detention/retention basins must be installed as shown on the
plans. Long term stormwater best management practices for stormwater quality must
be installed as shown on the plans and the Stormwater Pollution Prevention Plan
(SWPPP). All other conditions of the SWPPP shall be completed and permits
terminated;
7. Water mains and fire hydrants connecting to the water system serving the city must
be installed as shown on the plans signed by the director of public utilities. Mains and
individual lot services must be of sufficient size to furnish an adequate water supply
for each lot or parcel in the subdivision and to provide adequate fire protection;
8. Street trees, if required, must be of a type approved by the city and planted in
approved locations;
9. Street lighting facilities must be provided in accordance with city policy for the area
of the city where the subdivision is located, and must be so screened as not to
interfere with views from hillsides of the city;
10. All natural gas lines, and telephone, electric power, cable television or other wires or
cables must be placed underground. Equipment appurtenant to the underground
facilities, such as surface mounted transformers, pedestal mounted terminal boxes and
meter cabinets, and concealed ducts may be above ground subject to compliance with
Section 21A.40.160, “Ground Mounted Utility Boxes”, of this code or its successor.
The subdivider shall make necessary arrangements with the utilities involved for the
installation of the underground facilities. All installed utilities must meet the
minimum separation requirements as shown on the plans; and
11. Provisions must be made for any railroad crossings necessary to provide access to or
circulation within the proposed subdivision.
C. All public improvements required by this section or provided by the subdivider must be
documented in the public improvement plans that show all public improvements are
constructed to comply with all applicable provisions of the Salt Lake City Code of
Ordinances, referenced standards adopted by the city, and any applicable federal standard
or Utah Code. All public improvements required by this section that are shown in the
public improvement plans shall meet the applicable standards, which include:
1. American Public Works Association Manual of Standard Specifications and Manual
of Standard Plans 2017 edition;
2. Standard Practices for Salt Lake City Public Utilities (January 2010) or its successor;
3. Any standard or reference to a standard specifically identified in the Salt Lake City
Code of Ordinances;
4. Any applicable standard that has been adopted by the State of Utah; and
5. Any applicable federal standard.
22
20.12.030: TIMING AND PHASING OF PUBLIC IMPROVEMENTS:
The subdivider may propose a timing and phasing plan for installation of public
improvement that complies with this section.
A. All public improvements must be installed in each respective phase of the subdivision or
future subdivisions.
B. All public improvements must be designed such that the first phase has the capacity to
accommodate the capacity of future phases.
C. The subdivider shall include a phasing plan that details how each aspect of the
subdivision will be platted and subdivided and the anticipated public improvements for
each phase.
D. The subdivider shall provide an overall concept plan for required public improvements,
indicate on the plan what public improvements will be included in each phase, and
enough information to demonstrate that the capacity is sufficient for all phases of the
subdivision.
E. The public improvement plan must acknowledge that if a subdivision standard or public
improvement requirement changes before future phases are platted or constructed, the
future phases must comply with those future improvements.
F. Any monument or benchmark that is disturbed or destroyed before acceptance of all
improvements, must be replaced by the subdivider under the direction of the city
engineer.
20.12.040: UNDERGROUND UTILITY INSTALLATION:
All underground utilities including water mains and laterals, sanitary sewers and storm drains
installed in streets or alleys must be constructed before the surfacing of such streets or alleys.
Connections for all underground utilities and sanitary sewers must be laid to such length as
will avert the necessity for disturbing the street or alley improvements when service
connections thereto are made.
20.12.050: SUBDIVISION IMPROVEMENT CONSTRUCTION AGREEMENT:
A. Before the approval by the mayor of the final plat, and if public infrastructure
improvements were conditions of preliminary approval, the subdivider shall execute and
file a subdivision improvement construction agreement between the subdivider and the
city, specifying the period within which the subdivider must complete all public
infrastructure improvement work to the satisfaction of the city engineer, and providing
that if the subdivider shall fail to complete the public improvement work within such
23
period, the city may complete the same and recover the full cost and expense thereof
from the subdivider’s security device. The subdivision improvement construction
agreement must also provide for inspection and testing of all public infrastructure
improvements and require the subdivider to pay the cost of such inspections and testing.
B. The subdivision improvement construction agreement may also provide for the
following:
1. Construction of the public infrastructure improvements in units or phases; or
2. An extension of time under the conditions specified in this agreement.
20.12.060: BOND AND SECURITY REQUIREMENTS:
The subdivider shall file with the city engineer, together with the subdivision improvement
construction agreement, a security device in the manner and as described in the subdivision
improvement construction agreement.
20.12.070: SECURITY DEVICES SECURING PAYMENT RISK:
The terms of a corporate surety payment bond held by the city as a security device together
with the applicable provisions of the subdivision improvement construction agreement shall
govern claims to the corporate surety by a claimant.
20.12.080: NO PUBLIC RIGHT OF ACTION:
Sections 20.12.040 and 20.12.050 of this chapter shall not be construed to provide any
private right of action on either tort, contract, third party contract or any other basis on behalf
of any property holder in the subdivision as against the city or on the security device required
under Section 20.12.050 of this chapter or its successor in the event that the public
improvements are not constructed as required. Notwithstanding the foregoing sentence, any
security device obtained pursuant to Section 20.12.050 of this chapter to secure payment
obligations with respect to the public improvements shall provide a private right of action to
any person, at any tier, who supplies labor, material, or equipment with respect to the public
improvements.
20.12.090: AS BUILT PLANS FILED FOR PUBLIC IMPROVEMENTS:
A complete improvement plan “as built” (a.k.a. “record documents”) shall be filed with the
city engineer upon completion of said improvements. The as built plans shall be in a digital
format and a minimum of 24”x36” in size.
24
CHAPTER 20.14
PUBLIC HEARING AND NOTICING REQUIREMENTS
20.14.010: Purpose
20.14.020: Public Hearing Requirements
20.14.030: Public Meeting Requirements
20.14.040: Notice of Application
20.14.050: Identifying Property Owners to be Noticed.
20.14.060: Noticing Errors
20.14.070: Subdivider Responsible for Posting of Property
20.14.080: Applications Not Requiring Public Notice
20.14.010: PURPOSE:
The purpose of this section is to identify required public processes for each application that is
required by this title. The intent of public notice and input is to provide an opportunity for
the public to learn about the application and provide input regarding the impact of the
proposed subdivision to their ability to utilize their own property.
20.14.020: PUBLIC HEARING REQUIREMENTS:
Public hearings shall be held and noticed as identified in this section.
A. A public hearing shall be held for the following applications required by this title:
1. Subdivision amendments that:
a. Include closing or vacating, in whole or in part, a public right of way;
b. Alters a public easement when the public easement restricts or prohibits
development other than public utility or public walkways or trails;
c. Originally were notified through a notice of application and where a property
owner within the subdivision has submitted a written objection to the proposed
amendment within the timeline identified on the notice of application; and
d. A public hearing for a subdivision amendment shall be heard within 45 days of
the application being considered complete.
2. Any application that includes an application for a planned development; and
3. Any application that includes a modification to a subdivision design standard.
B. Public Hearing Noticing Requirements: Any application that requires a public hearing
shall be subject to the noticing requirements found in Section 21A.10.020.
25
20.14.030: PUBLIC MEETING REQUIREMENTS:
The purpose of this section is to identify when a public meeting is required to be held to
approve an application under this Title. A public meeting is a meeting that is open to the
public to witness the discussion and decision-making process regarding an application that
may be required by this title but does not include a public hearing for the application.
A. A public meeting shall be held for subdivision amendments when eligible under Utah
Code Section 10-9a-608 or its successor.
B. Noticing Requirements for Public Meetings: Noticing requirements and notice content
shall be the same as in Section 21A.10.020 of this code.
C. The planning director may decide the matter during the public meeting or after the public
meeting. If the decision is made after the public meeting, the planning director shall
indicate the timeframe for a decision at the public meeting.
20.14.040: NOTICE OF APPLICATION:
The purpose of this section is to identify the public notice process for a notice of application
as required by this title.
A. When authorized: Notice of application shall be provided for the following applications
that may be required by this title:
1. Preliminary subdivisions that do not require a public hearing or public meeting;
2. Subdivision amendments that include the signatures of all property owners; and
3. Street dedication plats.
B. Noticing Requirements:
1. A notice of application shall be mailed to all property owners within 300 feet of the
property subject to the application. If the application is for a subdivision amendment,
the notice of application shall be mailed to all owners of property within the existing
subdivision in addition to the property owners within 300 feet of the properties
subject to the subdivision amendment. The notice shall provide at least 12 days for
public comment to be submitted to the city before a decision is rendered on the
application.
2. A notice of application shall be sent to all entities as required in Utah Code Sections
10-9a-206, 10-9a-207, 10-9a-208, and 10-9a-603 or the successors of each section.
3. The property shall be posted with a sign advertising the public hearing. Each street
frontage shall be posted with one sign that is posted within at least 10 feet of the
property line along the street.
C. Public Notice Content: Each public notice required under this section shall include:
26
1. The type of application that is subject to the public hearing;
2. The approximate address of the property subject to the application;
3. The date, time, and location of the public meeting, if required;
4. Information on how to attend the meeting if the meeting is an electronic meeting; and
5. Instruction on how the public may find out more information about the application
and how input may be submitted.
D. Timing of Notice: The notice of application shall indicate that no decision will be made
within 14 days of the date of the notice.
20.14.050: IDENTIFYING PROPERTY OWNERS TO BE NOTICED:
All notices shall be mailed to the property owners of record identified in the city’s GIS
database for parcel ownership.
20.14.060: NOTICING ERRORS:
If the noticing requirements of this chapter are not complied with, the required notice shall be
redone with the error corrected and the timing of the notice restarted.
20.14.070: SUBDIVIDER RESPONSIBLE FOR POSTING OF PROPERTY:
The subdivider shall be responsible for any notice required by this chapter to be posted on the
property. The posting shall be completed following the requirements of Subsection
21A.10.015.B.3.
20.14.080: APPLICATIONS NOT REQUIRNG PUBLIC NOTICE:
The following applications are not required to provide public notice:
A. Lot line or parcel line adjustments; and
B. Lot or parcel consolidations.
CHAPTER 20.16
PRELIMINARY AND FINAL PLATS
20.16.010: Purpose
20.16.020: When Required
27
20.16.030: Applications Entitled to Approval
20.16.030: Timing of Public Notice
20.16.040: City Review Process
20.16.050: Preliminary Approval Standards
20.16.060: Determination of Recordable Instrument
20.16.070: Final Plat Review Process
20.16.010: PURPOSE:
The purpose of this chapter is to identify the required process and standards for reviewing
and deciding applications to subdivide property. This section applies to any new or amended
subdivision, condominium, or condominium conversion.
20.16.020: WHEN REQUIRED:
A preliminary subdivision application is required for any proposal to create lots or parcels on
any land within the city. Preliminary subdivision applications are required for new or
amended subdivisions, new or amended condominiums, and condominium conversions. All
preliminary subdivision applications are subject to the provisions of this chapter.
20.16.030: SUBDIVIDER ENTITLED TO APPROVAL:
Any preliminary subdivision application that complies with all required standards shall be
approved provided all process requirements identified in this code are followed. A
preliminary subdivision that includes a planned development application shall only be
approved subject to the approval of the planned development as required in Chapter 21A.55
Planned Developments.
20.16.040: PRE-SUBMITTAL MEETINGS:
An application may request a pre-submittal application for the preliminary subdivision
application subject to the provisions of this section in accordance with Utah Code Section 10-
9a-604.1. Feedback at the pre-submittal meeting is limited to the information provided by the
applicant and is not considered binding.
20.16.040: CITY REVIEW PROCESS:
A. A preliminary subdivision application shall comply with Utah Code Chapter 10-9a Part 6.
Any public notice required by this Title or Utah Code Chapter 10-9a shall be started after
the application is considered complete.
28
B. A subdivision application that includes closing or vacating a public street, alley, or other
right of way or vacating an easement that the city has a right to shall be decided by the
city council after receiving a recommendation from the planning commission. The
process shall be in accordance with the requirements of Chapter 21A.10.
20.16.050: PRELIMINARY APPROVAL STANDARDS:
A. Timing of Approval: At the conclusion of any review cycle where no further corrections
or additional information is required, each city department shall indicate that the
application is eligible for approval. If all the requirements of Chapter 20.14 have been
satisfied, the application shall be approved upon finding it complies with all the
applicable standards found in this section, Chapter 20.26, and applicable provisions of
Utah Code Chapter 10-9a. For an application that does not comply with the applicable
standards in this title, and the subdivider has not responded within 90 days from the date
the subdivider was provided with an itemized, written notice of any deficiency or
noncompliance with the standards of this title shall be sent by the city and the application
may be denied by the planning director.
B. Approval Standards:
1. All preliminary subdivisions shall comply with the following standards:
a. The preliminary plat map and associated documents include all information and is
properly formatted as required by this title;
b. The subdivision shall comply with all subdivision design standards or with
approved modifications to the subdivision design standards in Chapter 20.26 of
this title;
c. Water supply and sewage disposal including all offsite utility improvements,
required easements and infrastructure upgrades shall be satisfactory to the public
utilities department director;
d. The location and design of all water supply and sanitary sewer facilities are
appropriately sized, connect to adequately sized infrastructure and found to be
compliant with the adopted standards;
e. The location and design of drainage elements to handle stormwater, ensure
compliance with floodplain regulations, prevent erosion, and minimize formation
of dust has been found to be compliant with adopted city standards and if
applicable, Salt Lake County Flood Control and the Utah Department of
Environmental Quality;
f. The subdivision provides access and infrastructure necessary for firefighting
equipment as required by the applicable fire code adopted by the city;
g. The subdivision provides adequate easements and locations for all necessary
utilities that are not provided by the city;
h. All required dedications of land for streets, midblock walkways, alleys, parks,
trails, and open space are provided for on the preliminary plat as indicated in the
29
adopted general plan of the city or as agreed to as part of any land use approval or
development agreement. Any exactions that are not agreed to as part of a land use
approval or development agreement shall be roughly proportionate and directly
related to the impact of the proposed subdivision;
i. The subdivision includes recommendations in the subdivider’s traffic impact
study when the transportation director indicates the recommendations are required
to mitigate adverse impacts; and
j. The proposed subdivision will not create any injury or harm to any other property
or persons.
2. Condominiums: The following additional standards shall apply to all condominium
conversions preliminary subdivisions:
a. The building official shall identify any improvements, repairs or replacements
which must be made to bring the structure into compliance with applicable
building codes prior to recording the final plat. The building official may require
any existing code violations identified to be corrected prior to final approval; and
b. Any existing nonconforming use or noncomplying structure that creates an
immediate health or safety hazard to the public or future owners within the
condominium has been brought into compliance with current standards or has
been identified as a condition of approval to be addressed prior to the planning
director signing the final plat.
C. Effect of Approval: The effect of preliminary subdivision approval shall authorize the
subdivider to prepare the final recording documents as required by this title.
D. Approval Expiration: Preliminary approval shall expire 18 months from the date of
preliminary approval unless a final plat has been submitted. If a final plat is not required,
the required recording documents shall be submitted within 18 months from the date of
preliminary approval. If the preliminary approval indicated that the subdivision will be
divided into phases, the final plat for the first phase shall be submitted within 18 months.
Future phases shall be subject to the phasing plan that was approved as part of the
preliminary plat.
20.16.060: RECORDABLE INSTRUMENT:
A. A final plat is required to be recorded for all subdivisions except those that contain fewer
than 10 lots and when the subdivision of fewer than 10 lots does not include any of the
following: new public improvements, dedications of land, easements, or amendments to
any existing public street or alley.
B. Subdivisions with fewer than 10 lots and when this title does not otherwise require a plat,
may be recorded without a final plat as authorized under Utah Code Chapter 10-9a Part 6
or its successor.
30
20.16.070: FINAL PLAT REVIEW PROCESS:
A. After preliminary subdivision approval has been granted, the subdivider may submit all
requirements for a final plat under Chapter 20.10. The final plat documents shall be
consistent with the approved preliminary subdivision documents and shall be approved if
it complies with applicable provisions of this title, matches the preliminary approval,
includes all conditions of preliminary approval, and all applicable provisions of Utah
Code Chapter 10-9a. All final plat applications shall be submitted within 18 months of
preliminary approval except for:
1. A subdivision that was indicated during preliminary approval to be phased; in which
case the final plat shall be consistent with the phasing plan approved as part of the
preliminary approval. Each phase shall require a separate final plat application; and
2. Condominiums where the subdivider desires to complete the framing of the building
to ensure the interior dimensions of the condominium as shown on the final plat are
consistent with the built dimensions of the building. In this case, the final plat shall
be submitted within 30 days of final framing inspection.
B. City Review: City review processes and timelines shall be consistent with Utah Code
Chapter 10-9a, Part 6 or its successor.
C. Subdivision Improvement Construction Agreement: The subdivider and the city shall
finalize an agreement regarding the construction of all public improvements required or
proposed as part of the subdivision. The agreement shall be finalized prior to the city
engineer signing the final subdivision plat.
D. The final plat to be recorded shall be on typical mylar material or the common material
for plats at the time. The printing or reproduction process used shall not incur any
shrinkage or distortions, and the reproduced copy furnished shall be of good quality, to
true dimension, clear and readable, and in all respects comparable to the approved final
plat. The mylar plat shall be signed separately by all required and authorized parties and
shall contain the information set forth in this chapter.
E. Prior to the filing of the final plat with the mayor, the subdivider shall file the necessary
tax lien certificates and documents.
CHAPTER 20.18
LOT AND PARCEL LINE ADJUSTMENTS
20.18.010: Purpose
20.18.020: Applicability
20.18.030: Standards for Lot or Parcel Line Adjustments
20.18.040: City Internal Review and Decision
31
20.18.050: Recordable Instrument
20.18.060: Expiration of Approval
20.18.010: PURPOSE:
The purpose of this chapter is to enable lot and parcel line adjustments to be considered and
approved administratively by the planning director or designee.
20.18.020: APPLICABILITY:
This chapter applies to property line adjustments of existing adjoining parcels or lots that are
described by either a metes and bounds description, a notice of subdivision approval, or a
recorded plat.
20.18.030: STANDARDS FOR LOT OR PARCEL LINE ADJUSTMENTS:
An application for a lot or parcel line adjustments shall result in lots or parcels that comply
with the following standards:
A. Existing structures comply with all applicable regulations in Title 21A regarding lot size,
lot width, and required setbacks unless modified through a planned development or when
necessary to comply with a finalized development agreement;
B. The resulting lots or parcels do not alter any existing easement unless the existing
easements are included in the application for an adjustment. If the easement is shown on
a recorded plat and is impacted by the proposed adjustment, a subdivision amendment is
required;
C. The proposed adjustment does not create any new or increase the amount of
noncompliance with Title 21A or does not result in a use expanding to a portion of a
property where the use is not authorized in the applicable land use tables in Chapter
21A.33;
D. The resulting adjustment will not result in more than one principal building on a single
lot unless authorized by Title 21A;
E. The resulting adjustment will not alter any public right of way; and
F. The resulting adjustment will not create any new lots or parcels.
G. The proposed adjustment complies with the applicable standards in Sections 20.26.070
and 20.26.080.
32
H. The proposed adjustment does not place the consolidated lot(s) into noncompliance with
public utility requirements, such as meter standards, utility placement, shared facilities,
and other adopted standards.
20.18.040: CITY INTERNAL REVIEW AND DECISION:
The planning director shall review the application for completeness and for compliance with
the standards of review for this type of application. The planning director shall forward the
lot line application to the city surveyor for review of the new legal descriptions. Upon review
of the application, site plan and finding that the standards of review are complied with, the
planning director shall approve the lot line adjustment. If the standards of review are not
complied with, the planning director shall deny the application.
20.18.050: RECORDABLE INSTRUMENT:
If the lot line adjustment is approved, the planning director shall provide the subdivider with
a document approving the adjustment that includes the director’s signature. The notice shall
contain the descriptions of both the original parcels and the modified parcels as provided by
the subdivider and approved by the city surveyor and state any conditions of approval. A
document of conveyance shall be recorded by the subdivider, property owner, or their
representative at the same time as the notice of approval with the Salt Lake County
Recorder’s office. The lot line adjustment is not valid unless the document of conveyance is
recorded.
20.18.060: EXPIRATION OF APPROVAL:
City approval for lot or parcel line adjustment is only valid upon recording of the approved
deed or other recordable instrument, and any document of approval issued by the city shall
clearly indicate the same. Furthermore, city approval shall expire 180 calendar days from the
date the city document was notarized unless both the city approval document and the
approved recordable instrument are recorded within that time.
CHAPTER 20.20
LOT AND PARCEL CONSOLIDATIONS
20.20.010: Purpose
20.20.020: Applicability
20.20.030: Standards for Lot or Parcel Consolidations
20.20.040: City Internal Review
20.20.050: Recordable Instrument
20.20.060: Expiration of Approval
33
20.20.010: PURPOSE:
The purpose of this chapter is to allow for the consolidation of adjacent parcels and/or
subdivision lots.
20.20.020: APPLICABILITY:
This section applies to adjacent lots or parcels, regardless of a lot or lots being part of a
previously recorded subdivision. An application to consolidate parcels is not required when
specifically exempt under Utah Code Section 10-9a-523.
20.20.030: STANDARDS FOR LOT OR PARCEL CONSOLIDATIONS:
For two or more adjacent lots or parcels to be consolidated into one lot, the following criteria
shall be met:
A. Compliance with all applicable zoning regulations including maximum lot size, if
applicable; and
B. A lot consolidation cannot yield two principal buildings on one lot, unless permitted in
the zoning district or by an approved planned development.
C. The proposed adjustment complies with the applicable standards in Sections 20.26.070
and 20.26.080.
D. The proposed adjustment does not place the consolidated lot(s) into noncompliance with
public utility requirements, such as meter standards, utility placement, shared facilities,
and other adopted standards.
20.20.040: CITY INTERNAL REVIEW:
The planning director shall review the application for completeness and for compliance with
the regulations of the zoning ordinance. Upon review of the application, the planning director
may either approve or deny the lot consolidation.
20.20.050: RECORDABLE INSTRUMENT:
City approval of the consolidation shall be in the form of a notarized findings and order
executed by the planning director and provided to the subdivider and/or owners. The findings
and order shall specify, according to Section 20.20.060 of this chapter, the period after which
city approval shall expire. If any portion of the consolidation includes land in a recorded
34
subdivision, the subdivision name shall be referenced in the recording document. The
subdivider shall record the approved recordable instrument and the associated findings and
order in the office of the Salt Lake County Recorder.
20.20.060: EXPIRATION OF APPROVAL:
City approval for lot consolidations is only valid upon recording of the approved deed or
other recordable instrument, and any document of approval issued by the city shall clearly
indicate the same. Furthermore, city approval shall expire 180 calendar days from the date
the city document was notarized unless both the city approval document and the approved
recordable instrument for transferring property are recorded within that time.
CHAPTER 20.22
STREET DEDICATION PLATS
20.22.010: Purpose
20.22.020: Applicability
20.22.030: Standards
20.22.040: City Internal Review
20.22.050: Recordable Instrument
20.22.010: PURPOSE:
The purpose of this section is to establish a process for dedicating streets that are not already
dedicated for public use and when no subdivision of land is proposed.
20.22.020: APPLICABILITY:
This process may be used when:
A. Additional right of way for an existing road is proposed by the adjacent landowner;
B. Additional right of way for an existing road is necessary to provide adequate width for
public improvements when the public improvements are required as part of a land use
application authorized under Title 21A or as a condition of approval for a land use
application under Title 21A.
C. A public street is proposed to access property that does not currently have access to a
public street; or
D. When a property owner is proposing to construct a public street or portion thereof on land
that is currently not part of a public street.
35
E. This process does not apply to the dedication of existing private streets unless the
requirements of Chapter 14.54 have been satisfied and after the city has accepted a
private street for donation to be a public street.
F. A street dedication application shall be charged the same fee as a final plat.
20.22.030: STANDARDS:
A street dedication plat shall be subject to the following standards:
A. The proposed street to be dedicated complies with all adopted standards for public streets
that apply to the classification, size, or typology for the area, property, or land use
identified in the general plan or the zoning map;
B. The land to be dedicated complies with all applicable subdivision standards in Chapter
20.26;
C. The proposed street does not create any new lots or result in any existing lot or parcel
being separated or split by the proposed street. In this case, the street can only be
dedicated through a subdivision plat; and
D. The proposed street does not create parallel streets that are separated by less than 200
feet.
20.22.040: CITY INTERNAL REVIEW:
A. A street dedication plat shall be submitted to the planning division and reviewed by the
necessary city departments who may be impacted by the proposed dedication.
B. Each city department shall review the street dedication plat to determine if it complies
with adopted regulations that apply to the width, construction, cross section, subdivision
design standards applicable to public streets, public improvements, and any other
applicable standard.
C. After each city department has indicated that the street dedication plat complies with all
applicable regulations, the subdivider shall prepare a final plat for recording the street
dedication. The final plat shall comply with all requirements for final plats that relate to
the dedication of public streets.
D. A public improvement agreement is required for all street dedication plats that include
any new public improvements or modifications to existing public infrastructure.
36
20.22.050: RECORDABLE INSTRUMENT:
The dedication of the street shall be recorded as a final plat, absent the creation of any new
lots, and only having to comply with the subdivision design standards related to streets. The
final plat shall comply with all the applicable requirements for preparation of a final plat. The
plat shall not be recorded until the public improvement agreement has been finalized and
agreed to by the applicant and the city.
CHAPTER 20.26
SUBDIVISION STANDARDS
20.26.010: Applicability
20.26.020: Modification to Standards
20.26.030: Standards for Utilities
20.26.040: Standards for Flood Control
20.26.050: Standards for Connectivity
20.26.060: Standards for Street Design
20.26.070: Standards for Natural Features
20.26.080: Standards for Blocks
20.26.090: Standards for Lots and Parcels
20.26.010: APPLICABILITY:
All subdivisions of land within Salt Lake City shall comply and conform with the standards
and requirements as set forth and as referred to in this section.
20.26.020: MODIFICATION TO STANDARDS:
A subdivider may request a modification to a subdivision standard as provided for in this
section.
A. Authority to Approve Modifications: The authority to approve modifications to a
subdivision design standard are as follows:
1. Standards for Public Utilities and Flood Control: Shall be determined by the director
of public utilities based on the standards for approving modifications in Subsection B.
2. Standards for Connectivity and Street Design: Shall be determined by the
transportation director based on the standards for approving modifications in
Subsection B.
3. Standards for Natural Features, Blocks, and Lots and Parcels: Shall be determined by
the planning director based on the standards for approving modifications in
Subsection B. Modifications may also be considered as part of a planned
37
development pursuant to Chapter 21A.55 Planned Developments when a subdivision
is associated with a planned development application. However, a planned
development may not be submitted when the only modification requested is a
modification to a subdivision standard.
B. Standards for Approving Modifications: Any request for a modification shall be
identified in the preliminary subdivision application or as a supplement to an application
in response to city review comments and include evidence provided by the subdivider
that the following standards are satisfied:
1. The proposed modification will not diminish the ability of the city to provide service
to the properties within the subdivision;
2. The proposed modification does not negatively impact any future city plans related to
transportation or public utilities;
3. The proposed modification complies with adopted engineering standards, or a
different engineering standard endorsed by a professional organization that provides
standards for public infrastructure and the authority identified in Paragraph A finds
that the modified standard is substantially similar to the city adopted standard;
4. The proposed modification does not jeopardize the integrity, structure, function,
future needs, capacity, or purpose of any other public infrastructure; and
5. The proposed modification does not result in a detrimental effect to nearby properties
that may be caused by the proposed modification during the construction process. A
detrimental effect includes:
a. Dirt, rock, or other debris falling or being placed on adjacent property;
b. Storm water, snow melt, or irrigation water flowing onto other property;
c. A decrease in access to adjacent properties;
d. Degradation of any public property or easement;
e. Any impact that jeopardizes the health or safety of any person, structure,
vegetation, or property.
20.26.030: STANDARDS FOR UTILITIES:
All subdivisions and subdivision amendments shall comply with the requirements of this
section. This section shall be administered by the director of public utilities.
A. All water and sewer shall be provided through underground services and connections;
B. Storm water may not use underground services and connections and shall be managed
through surface flow, swales, retention basins or other similar methods for storm water
management.
C. All lots within the subdivision that are developable shall be provided with access to all
required utilities by the subdivider with necessary and required easements shown on the
plat;
38
D. Easements for utility and drainage purposes shall be provided within the subdivision as
required by the director of public utilities. However, in no event shall such an easement
be less than five feet in width when proposed along the front lot line; and
E. Watercourses: The subdivider shall dedicate an easement for storm drainage conforming
substantially with the lines of any natural watercourse or channel, stream, creek, or
floodplain that enters or traverses the subdivision.
20.26.040: STANDARDS FOR FLOOD CONTROL:
All subdivisions and subdivision amendments shall comply with the requirements of this
section, any applicable requirements of Title 17, and the requirements of Chapter 18.68 of
this code. Any applicable state or federal requirement shall also apply. This section shall be
administered by the director of public utilities:
A. The subdivision design shall be consistent with the need to minimize flood damage;
B. Adequate drainage must be provided to reduce exposure to flood hazards;
C. All public utilities and facilities such as sewer, gas, electrical and water systems shall be
located, elevated, or constructed to minimize or eliminate flood damage; and
D. The subdivider shall dedicate an access easement for storm and flood management that
provides adequate access to perform flood control within any river, stream, creek, or
similar water way or floodplain that enters or traverses the subdivision.
20.26.050: STANDARDS FOR CONNECTIVITY:
All subdivisions and subdivision amendments shall comply with the standards of this section.
This section shall be administered by the transportation director unless otherwise indicated.
A. The subdivision design shall conform to the pattern of major street as designated in the
general plan or on the major street plan map of the city transportation master plan.
Whenever a subdivision fronts on a street so designated or contains within the boundaries
of the proposed subdivision a public street identified in the general plan, that street shall
be platted and dedicated by the subdivider in the location and width so indicated.
B. The street pattern in the subdivision shall be in general conformity with a plan for the
most advantageous development of adjoining areas and the entire neighborhood or
district. The following principles shall be observed:
1. Where appropriate to the design and terrain, proposed streets shall be continuous and
in alignment with existing planned or platted streets, or, if offset, streets shall be
39
offset a minimum of 100’ between centerlines of intersecting that are 50’ or less in
width and a minimum of 400’ between centerlines of intersecting streets that are
wider than 50 feet;
2. Where streets extend to the boundary of the property, resulting in dead end streets
may be approved with a temporary turnaround of a minimum 45’ radius. In all other
cases, a permanent turnaround shall conform to specifications in Subsection G,
“Turnaround”, of this section or have a design otherwise approved by the
transportation division;
3. Proposed streets shall intersect one another as nearly at right angles as topography
and other limiting factors of good design permit. “T” intersections rather than “cross”
intersections shall be used wherever possible for local streets; and
C. The proposed subdivision shall include street connections to any streets that abut, are
adjacent to, or terminate at the subdivision site. The proposed development shall also
include street connections in the direction of all existing or planned streets adjacent to the
development site as identified in the adopted general plan. Exceptions to this requirement
include situations where the street connection would alter a drainage channel, natural
feature, steep slope, utility easement that prohibits such a connection, or other legally
existing restriction on the land that would prohibit the street connection.
D. The proposed subdivision shall include streets that extend to the boundary of the
subdivision and undeveloped or partially developed land that is adjacent to the
subdivision. The streets shall be in locations that will enable adjoining properties to
connect to the proposed subdivision street system when the streets are public. Exceptions
to this requirement include situations where the adjacent land is separated from the
development site by a drainage channel, natural feature, steep slope, utility easement that
prohibits such a connection, or other legally existing restriction on the land that would
prohibit the future development of the land.
E. The subdivider shall dedicate or grant an easement for pedestrian and bicycle
infrastructure through the subdivision and connecting to similar infrastructure as required
by this section:
1. When in a right of way that is to be dedicated as part of the subdivision, the
pedestrian and bicycle infrastructure shall comply with the adopted general plan
related to pedestrian and bicycle infrastructure;
2. When the general plan identifies a trailhead or connects to a trail on land that is
within the proposed boundaries of the subdivision;
3. When the general plan identifies public pedestrian or bicycle infrastructure abutting
the proposed subdivision and connections to the pedestrian or bicycle infrastructure
within the boundaries of the proposed subdivision are necessary to complete the
pedestrian and bicycle infrastructure;
4. When existing trails, sidewalks, walkways, bike path, or other infrastructure is
located on land that is adjacent to the boundary of the proposed subdivision;
5. When required by Chapter 14.06 of this code; and
40
6. Any required pedestrian and bicycle infrastructure required by this section shall be
the minimum width necessary to provide the connection. The connection may be in
the form of a dedication of land on the plat or as a public access easement. The area
of the dedication or easement shall count towards the minimum lot areas of the
adjacent lots as determined by the subdivider.
F. Cul-De-Sacs: Cul-de-sacs are prohibited in new subdivisions or when new streets are
proposed as part of a subdivision amendment except as provided in this section.
1. Physical conditions are present that prohibits development of a connecting street. A
physical condition includes slopes over 30 degrees, the presence of a river, stream,
wetland, or other body of water, upland wildlife habitat area, the boundary of an
Open Space, Natural Open Space, or Foothill Protection zoning district, or other land
identified in Subsection C.1. If this condition is present, the subdivider may be
required to provide a public access easement through the cul-de-sac to any public
land where one of the physical conditions identified in this section exist;
2. The land adjacent to the subdivision is already developed in a manner that makes it
impracticable to connect the proposed subdivision to the existing streets; or
3. When required by the applicable fire code.
G. Turnaround: If allowed cul-de-sacs in residential zoning districts should be no longer
than 400’ (measured from centerline of intersecting street to radius point of turnaround)
and shall have a minimum of 45’ curb radius. Cul-de-sacs in all other zoning districts
should be no longer than 650’ and should have a minimum of 60’ curb radius. Other cul-
de-sac lengths or turnaround configurations may be approved by the fire department and
the transportation director.
20.26.060: STANDARDS FOR STREET DESIGN:
The following minimum standards apply to all public streets and design criteria shall apply
unless deemed unwarranted by written recommendation of the city engineer and
transportation division director. Said standards and criteria shall be supplemented by other
applicable existing engineering and construction requirements and standards as specified by
the city engineering and transportation divisions.
A. General:
1. Where higher standards have not been established as specified in Subsection A.1 of
this section, all streets shall be platted, designed, and constructed according to the
principles outlined in the transportation division’s Street and Intersection Typologies
Design Guide and the design and constructions for public streets adopted by the
city. Exceptions to the Street and Intersection Typologies Design Guide may be
granted through a planned development subject to Chapter 21A.55 or by the
transportation director based on the following standards:
41
a. The subdivision serves 10 lots or fewer and justifies a narrower cross section than
what is identified in the Street and Intersection Typologies Design Guide;
b. A different street design is warranted due to the slope, waterways, existing
infrastructure, or other similar unique circumstance that doesn’t generally exist on
other properties within the same zoning district;
c. The adopted general plan establishes a different guide or standard for streets in
the geographic area where the proposed subdivision is located; and
d. The subdivider provides an alternative cross section for a street that provides all
of the required components identified in the guide but in a different arrangement
that is consistent with the intent of the specific street type.
B. Street Grades: Curves and sight distances shall be subject to approval by the city
engineering division, to ensure proper drainage and safety for vehicles and pedestrians.
The following principles and standards shall be observed:
1. Grades of streets shall be not less than 0.5% and not greater than 7%;
2. The maximum grade applies at the street centerline; and
3. Short runs of steeper grades may be permitted if there are no objections from the fire
department, transportation division, and city engineer.
C. Vertical Alignment of Nonintersecting Streets: Transition curves over crests of hills shall
be designed to provide both a smooth transition from upward movement to minimize
potential roller coaster effect and to provide safe stopping sight distance at all times. The
stopping sight distance is the distance required to safely stop a vehicle after viewing an
object calculated on a formula set forth in standards adopted by the transportation
division.
D. Vertical Alignment at Street Intersections: Transition curves shall be required to provide
a smooth transition from road grade to intersections. For an approach distance (“A”) from
each edge of the intersecting street line, the grade may not exceed 2%. The minimum
length of the approaches (“A”) and transition curves (“L”) shall be calculated upon the
formulas below:
A = The minimum approach distance required where grade may not exceed 2%
from the curb line of the intersecting street. Said distance of “A” shall be not
less than 35’ for intersections with local streets and not less than 100’ for
intersections with major or arterial streets.
L = The minimum transition curve length required between points of tangency,
“X”, where L = 10(a), “a” being the difference between the grade of the road
less the grade of “A”.
42
E. Intersection Site Distance: Intersections shall be planned and located to provide as much
sight distance as possible. In achieving a safe road design, as a minimum, there shall be
sufficient corner sight distance for the driver on the approach roadway to cross the
intersecting street without requiring approaching traffic to reduce speed. Such corner
sight distance is a field of vision which shall be measured from a point on the approach
roadway at least 15’ from the edge of the intersecting roadway pavement at a height of
3.5’ on the approach roadway. The minimum corner sight distance for local streets (30
miles per hour design speed) shall be 350’. For collector streets (40 miles per hour design
speed) the minimum corner sight distance shall be 450’.
F. Horizontal Alignment of Streets: In addition to the specific street design standards set
forth above, horizontal alignment shall be subject to the following criteria:
1. Consistent with topography, alignments shall be as straight as possible;
2. Maximum curvatures shall be avoided whenever possible;
3. Consistent patterns of alignment shall be sought. Sharp curves at the end of long
tangents or at the end of long flat curves shall be avoided;
4. Short lengths of curves shall be avoided even for very small deflection angles;
5. Flat curvatures shall be provided on long fills;
6. Compound circular curves with large differences in radii shall be avoided;
7. Direct reverse curves shall be avoided; a tangent shall be used between them;
8. “Broken back curves” (two curves in the same direction on either side of a short
tangent or large radius curve) shall be avoided; and
43
9. To effectuate the above general criteria, the minimum curve centerline radii for local
streets and collector streets shall be 100’ and 150’, respectively. The maximum
allowable degree of curvature shall be 23° for local streets and 12.5° for collector
streets.
G. Street Lighting: Lighting shall comply with the policies and standards outlined in the Salt
Lake City Street Lighting Master Plan.
H. Curb, Gutter, and Sidewalks: The following principles and standards shall apply to the
design and installation of curbs, gutters, sidewalks, and pedestrianways. Low impact
development standards may be substituted at the discretion of the engineering and
transportation divisions, according to best practices as determined by the public utilities
department:
1. Vertical curbs and gutters as shown on the city’s standard detail drawings shall be
required in all subdivisions unless otherwise approved by the city engineer and
transportation director. The minimum gutter slope at a street intersection and at the
crest and sag of vertical curves is 0.5%;
2. Sidewalks shall be designed to comply with ADA Guidelines. Sidewalks are required
on both sides of a street except when the transportation director authorizes an
exception when a subdivision includes land that is in a manufacturing zone located
west of I-215, BP Business Park District located west of I-215, or EI Extractive
Industries District.
3. Sidewalks shall normally be located within the street right of way and shall be
required to be a minimum width as indicated in this subsection:
a. Four feet wide in any FR, R-1, R-2, or SR zoning districts when adjacent to a park
strip;
b. Five feet wide in any FR, R-1, R-2, or SR zoning districts zoning districts when
the sidewalk is directly adjacent to the back of curb;
c. Six feet wide in all other zoning districts unless specified otherwise in those
districts;
d. Eight feet wide in the central business district; or
e. Ten feet wide along Main Street in the central business district.
The transportation director may require the subdivider to provide a pedestrian impact
study to determine if additional width for a sidewalk is necessary based on the
proportional impact the subdivision may have on the sidewalks within the
subdivision;
I. Protection Strips: Protection Strips: Where subdivision streets create frontage for
contiguous property owned by others, the subdivider may, upon approval by the city
engineer create a protection strip not less than one foot in width between said street and
adjacent property, to be deeded into joint ownership between the city and subdivider.
Such a lot requires an agreement from the subdivider contracting to deed to the owners of
the contiguous property the one foot or larger protection strip lot for a consideration
44
named in the agreement, such consideration to be not more than the cost of street
improvements properly charged to the contiguous property as determined by the city
engineering division in their estimate of cost of improvements for the
subdivision. Jointly owned protection strip lots shall not be permitted at the end of or
within the boundaries of a public street, or proposed street, or within an area, or abutting
an area, intended for future public use.
J. Traffic Report: New subdivisions have traffic impacts on existing street systems that may
or may not be adverse in nature. The transportation director may require the subdivider to
provide a detailed traffic report of the effects and impacts of the proposed development.
This report shall detail the expected number of trips to be generated, the type of vehicles
expected, and the times of day that the most severe impact can be expected. It shall also
detail the effect on street capacity by the development, as well as nearby intersections
that will be impacted by the development’s traffic as may be designated by the
transportation division director. Based on a review of the traffic impact study, the
transportation division may require additional mitigations including street improvements
and other multi-modal transportation enhancements.
20.26.070: STANDARDS FOR NATURAL FEATURES:
All subdivisions and subdivision amendments shall comply with the provisions of this
section. This section shall be administered by the planning director.
A. Preservation of Natural Features: all subdivisions and subdivision amendments shall be
designed to preserve the natural features of a site as follows:
1. Rivers, streams and creeks shall not be piped or placed in any culvert or man-made
channel;
2. Wetlands shall be protected and buffered as required within the underlying zoning
district, overlay district, or as identified in the general plan;
3. Wooded areas within a subdivision shall be preserved. Lots that include wooded
areas are allowed to exceed the maximum lot size of the underlying zoning district
and may count towards any required landscaping, regardless of location of the
wooded area or the required landscaped area;
4. Wildlife habitat shall be preserved when the general plan identifies areas to be
protected or Title 21A specifically requires protection of habitat or buffers from
wildlife habitat. Area preserved as wildlife habitat may count towards the landscaping
requirements of the underlying zoning district, regardless of the location of the
wildlife habitat or the required landscaped area; and
5. Natural features identified in this section shall be identified as undevelopable areas on
the final plat. The size of the undevelopable area shall be determined by the general
plan if the general plan provides an objective metric to determine the area to be
protected or as required by Title 21A Zoning. If both the general plan and Title 21A
include conflicting regulations regarding this provision, the smaller requirement shall
take precedent. If the general plan or Title 21A does not provide a minimum
45
requirement, the document that does indicate a minimum requirement shall take
precedent.
B. Environmental Conditions of Land to Be Dedicated: Environmental Site Assessments
(ESAs) and remediation must be conducted on any land that is to be dedicated to the
public, as follows:
1. ESAs shall be performed in accordance with the most recent version of ASTM
Standard E1527.
2. The city reserves the right to conduct ESAs using a city-contracted environmental
consultant if needed to avoid legal liability, if there are concerns with the
environmental work conducted to date, or other reasons as determined by the director
of sustainability, other department directors as applicable, or their designees.
3. If remediation is required to clean up the land to the appropriate land use standards,
the remediation shall be completed prior to dedicating the land.
4. All ESAs and remediation reports shall be reviewed and approved by the director of
sustainability, other department directors as applicable, or their designees.
20.26.080: STANDARDS FOR BLOCKS:
All subdivisions and subdivision amendments shall comply with the provisions of this
section. This section shall be administered by the planning director.
A. Public Streets Required: All subdivisions shall include public streets as required by the
adopted general plan of the city. The subdivision may include additional streets not
identified in the general plan. Streets shall be used to create blocks that comply with this
section. Local streets within a subdivision shall be public unless private streets are
approved through a planned development in accordance with Chapter 21A.55.
B. Blocks shall be created by streets as required in the adopted general plan. For the purpose
of this section, a midblock walkway identified in the general plan shall be considered a
street for determining block size. Blocks shall be created by local streets as follows:
1. In zoning districts that allow residential uses, proposed streets that comply with the
applicable street cross section in the Street and Intersection Typologies Design Guide
are required when the proposed subdivision is over five acres in size unless the
subdivision is approved as part of a planned development. For the purpose of this
section, a residential use does not include a dwelling for a caretaker when allowed in
zoning districts that do not allow other residential land uses. This section shall also
apply to any lot/parcel line adjustment or lot/parcel consolidation; and
2. In all other zoning districts, there is no maximum block size.
46
20.26.090: STANDARDS FOR LOTS AND PARCELS:
All subdivisions and subdivision amendments shall comply with the provisions of this
section. This section shall be administered by the planning director.
A. Frontage on Public Streets: All lots or parcels shall have frontage on a public street and
the frontage shall comply with the minimum lot width requirements of the underlying
zoning district. This standard is not applicable if Title 21A allows lots or parcels without
street frontage. This provision may be modified as part of a planned development in
accordance with Chapter 21A.55. Access that crosses multiple lots shall include
appropriate cross access easements.
B. Buildable Areas: All subdivisions shall result in lots or parcels that provide a practically
sized buildable area except for lots or parcels that are:
1. Identified as undevelopable on a subdivision plat;
2. Identified as a public park or open space;
3. Identified as a protection strip intended to prevent access across property provided the
protection strip complies with the standards of this title; or
4. Intended to be used for public infrastructure.
C. Minimum Lot or Parcel Size: All lots or parcels shall comply with the minimum lot size
and lot width required within the applicable zoning district or overlay district in Title
21A.
D. Lot or Parcel Shape: all lots and parcels shall generally be rectangular in shape except
when one of the following conditions exist:
1. The lot or parcel shares a property line with a lot or parcel that is not part of the
subject subdivision and that property line is curved, angled, or has multiple angles
along the length of the property line;
2. The lot or parcel has frontage on a public right of way or private street and the
boundary of the public right of way or private street is curved, angled, or has multiple
angles along the length of the boundary. Side property lines shall be approximately at
right angles or radial to the street line;
3. The property line follows a natural feature that includes a water way, slope over 30
degrees, rockfall area, wetland, ridge line, or other natural area that necessitates a
different shape lot;
4. This standard does not apply when:
a. The shape is approved as part of a planned development;
b. The lot or parcel is a flag lot; or
c. The lot or parcel is in a special purpose zoning district other than MU Mixed Use
District.
47
E. Double Frontage Lots: Double frontage lots are prohibited in subdivisions located in
residential zoning districts.
F. Developable Area Limitation on Steep Slopes: The applicant shall provide a slope
classification map with any subdivision application when the subdivision is in any
foothill zoning district or open space zoning district. The slope classification map shall
use a “ten-foot averaging” to determine the locations of any slope that exceeds 30%. All
slopes that are 30% or greater shall be considered significant steep slopes and are
undevelopable. This section shall also apply to zoning map amendments that propose
changing the zoning from a foothill zoning district to any other zoning district.
1. All areas of significant steep slope shall be identified as “undevelopable area” on the
plat. A legal description of the undevelopable area shall also be included on the plat;
2. The boundary line of the undevelopable area shall be identified as a “transition area”
on the plat. The transition area shall be a minimum of 10 feet;
3. Undevelopable areas shall be protected from subsequent alteration or encroachment
by an open space preservation easement granted to Salt Lake City on the subdivision
plat;
4. Grading, landscaping, construction activities, streets (public or private) and other
disturbances of the land are prohibited within the portions of the plat designated as an
undevelopable area except as follows:
a. Any construction activity necessary to provide utility access to the lot when the
undevelopable area is located between the street and the developable area on a lot
and there is no other legally existing location to construct the necessary public
utilities. Any excavation and grading work necessary to construct necessary
utilities shall be the minimum necessary and any disturbance shall be returned to
its natural condition;
b. Any driveway or walkway and associated retaining walls necessary to provide
access to the building area when the undevelopable area is located between the
street and the developable area and there is no other legally existing location to
construct the driveway, walkway, and associated retaining walls. No driveway
that qualifies for this exception may exceed 15 feet in width and no walkway may
exceed six feet in width. All retaining walls shall comply with the applicable
provisions for retaining walls found in Title 21A;
c. Exceptions listed in Subsections a. and b. shall occupy the same space unless the
engineering specifications for either requires a different location. The preference
of the subdivider or property owner is not a valid reason to allow separate
locations; or
d. Modifications to landscaping when necessary to comply with requirements or
guidelines for vegetation in wildfire interface zones as recommended by a
government agency.
5. A lot that has undevelopable area within its boundaries is allowed to exceed the
maximum lot size in the underlying zone without a planned development and without
48
needing to comply with the provisions in Title 21A for exceeding maximum lot size
provided:
a. The parcel has a minimum of 1,500 square feet of net buildable area. The net
buildable area shall not include any areas of thirty percent (30%) or greater slope
or the required zoning setbacks or the portion of the transitional area that is
required that lies within the required ten foot (10’) minimum setback or twenty
foot (20’) average setback from the proposed development limit line, as defined
by the Salt Lake City Zoning Ordinance;
b. The parcel has city sewer and water services that are located or can be extended to
access the lot directly from the street; or
c. The applicant must present a construction plan, acceptable to the city, which
demonstrates the ability to manage staging for construction in a manner that will
not impact transitional or steep slope areas; and
6. The plat shall include the following language to indicate that the developable area
limitation on steep slopes shall be shown on all building permits for new buildings or
structures and additions to existing buildings or structures: “The developable area
limitations and all undevelopable areas shall be shown on all building permits when
the building permit includes the construction of any new building or structure and
additions to any existing building or structure. The undevelopable area shall not be
used for any construction activity, staging, or storage during the construction
process.”
G. Solar Oriented Lots: For subdivisions with 25 or more single-family residential lots at
least 50% of lots less than 15,000 square feet, upon which detached single-family
dwelling units are planned for construction, shall be oriented with the longest dimension
lot line oriented towards the south to accommodate future solar panel installations on the
property. Exceptions to this provision may be made by the planning director when:
1. The land that is proposed to be subdivided is along an existing street that is oriented
in a manner that does not make it practical for the lots to comply with this
requirement;
2. Where unusual topographic, environmental, soil, and similar conditions exist that, as
determined by the planning director, make compliance with these provisions
physically infeasible;
3. The property is within an existing subdivision and the proposal is a subdivision
amendment; or
4. The existing lot or parcel is proposed to be modified through a lot line adjustment,
parcel boundary adjustment, or consolidation.
49
CHAPTER 20.30
APPEALS
20.30.010: Appeal Authority
20.30.020: Appeal Procedures
20.30.010: APPEAL AUTHORITY:
A. Appeals of any final decision made under this Title shall be subject to the requirements of
this chapter.
B. Appeal of Final Decision: The applicant, a board or officer of the municipality, or an
adversely affected party may, within 10 days of a final decision regarding a preliminary
subdivision application, appeal that decision to the appeal hearing officer by alleging that
there is error in any order, requirement, decision, or determination made by the land use
authority who made the final decision. All appeals shall be based on the record and
subject to the appeal process established in Chapter 21A.16. An appeal filed under this
section does not require a public hearing with the appeals hearing officer. A final
decision that involves approving the recordable instrument cannot be appealed.
C. Appeal of decision regarding subdivision improvement plans. Any dispute between the
city and the subdivider shall be conducted in accordance with Utah Code Section 10-9a-
508(5) or its successor. Appeals under this section are limited in accordance to Utah
Code Section 10-9a-508(5).
D. Appeal of a residential roadway standard. Any appeal related to Utah Code Section 10-
9a-508(5) or its successor is subject to the specific appeal requirements of that section.
Any appeal filed under this section shall comply with the appeal application and fee
process required by this chapter.
20.30.020: APPEAL PROCEDURES:
A. All appeals shall be filed within 10 days of the final decision on an application provided
by the city and following the submittal process required by the city for filing an
application.
B. Any appeal of a subdivision approval shall be based on the record of approval. A public
hearing is not required for an appeal and no additional information may be presented by
the appellant that was not made available to the land use authority prior to the final
decision.
C. The process for filing an appeal, except as indicated in this chapter, shall be the same as
the process outlined in Chapter 21A.16. If Utah Code provides an appeal process that
differs from this chapter, Utah Code shall be followed.
50
CHAPTER 20.40
ENFORCEMENT
20.40.010: Unlawful Acts Involving Sale or Lease of Property
20.40.020: City Engineer to Enforce Subdivision Design Standards
20.40.030: Violation and Penalty
20.40.040: Issuing a Certificate of Occupancy
20.40.050: Illegal Subdivisions, Consolidations, and Adjustments
20.40.060: Civil Penalties
20.40.010: UNLAWFUL ACTS INVOLVING SALE OR LEASE OF PROPERTY:
A. No person shall offer to sell, contract to sell, sell, deed, or convey any property contrary
to the provisions of this title.
B. The city, in addition to any other remedy provided by law, may seek to prevent any
remedy or violation of this title that has occurred or is about to occur by instituting a
proceeding for an injunction, mandamus, abatement or any other appropriate action.
C. The city may enforce the provisions of this title by refusing to issue building permits.
20.40.020: CITY ENGINEER TO ENFORCE SUBDIVISION DESIGN STANDARDS:
The city engineering division will have responsibility for inspection and enforcement of
subdivision design standards and requirements of this title. When it is found by inspection
that conditions are not substantial as stated or shown in the approved subdivision plans, the
city engineering division shall stop further work until approval is obtained for an amended
subdivision plan.
20.40.030: VIOLATION AND PENALTY:
It shall be unlawful for any person to fail to comply with the provisions of this title, and
failure to comply with the provisions of this title shall constitute a class C misdemeanor.
20.40.040: ISSUING A CERTIFICATE OF OCCUPANCY:
The building official may withhold the issuance of certificate of occupancy for any building
within a subdivision if the subdivider or designee violates any provision of this title and fails
to correct the violation to the satisfaction of the city engineer.
51
20.40.050: ILLEGAL SUBDIVISIONS, CONSOLIDATIONS, AND ADJUSTMENTS:
Any subdivision, consolidation, or adjustment to land that is not authorized and approved
under this title or Utah Code shall not be recognized by the city and no future land use
approval or building permit shall be issued until the subdivision, consolidation, or adjustment
complies with the requirements of this title and is approved by the city.
20.40.060: CIVIL PENALTIES:
Any violations of the provisions of this title shall subject the violator to a civil penalty in the
following amounts:
A. $200.00 per day if the violation occurs in FR-1, FR-2, or FR-3 districts as listed in Title
21A.
B. $100.00 per day for any other violation.
CHAPTER 20.50
DEFINITIONS
20.50.010: Definitions Generally
20.50.020: Definition of Terms
20.50.010: DEFINITIONS GENERALLY:
Terms used within this title shall be defined as indicated. Terms defined in Utah Code
Section 10-9a-103 shall take precedence. Terms not defined in Utah Code shall be as defined
in this section. Terms not defined in Utah Code Chapter 10-9a or in this section shall be as
defined in Title 21A. Any words that remain undefined shall be defined as stated in Miriam-
Webster Online Dictionary.
20.50.020: DEFINITION OF TERMS:
ALLEY: A public or private right of way within a block primarily intended for service and
access to abutting property by vehicles and not designated for general travel.
ADA: Americans With Disabilities Act.
APPLICATION: A form provided by the zoning administrator that is required to initiate a
process identified by this chapter.
52
ARTERIAL STREET: A street that facilitates through traffic movement over relatively long
distances such as from one end of the city to the other. Arterials are generally multilane
streets carrying high traffic volumes at relatively high-speed limits. These are commuter
streets and sometimes offer controlled access to abutting property, and curbside parking may
be restricted or prohibited. Arterial streets are designated as such on the major street plan
map of the transportation master plan.
BICYCLE INFRASTRUCTURE: Public facilities intended to support the use of a bicycle or
similar vehicles which may include, but is not limited to, paved ramps, paths, bridges,
bicycle storage facilities, trails, and the accessory structures necessary to support the
facilities.
BLOCK: An area of land within a subdivision entirely bounded by streets (other than alleys),
freeways, and other types of rights of way identified by this chapter.
BUILDABLE AREA: That portion of the lot remaining after required yards have been
provided and after the limitations of any pertinent environmental regulations have been
applied. Buildings may be placed in any part of the buildable area subject to complying with
other applicable standards.
CITY ATTORNEY: The Salt Lake City Attorney or designee.
CITY COUNCIL: The legislative body of Salt Lake City.
CITY ENGINEER: The Salt Lake City Engineer or designee.
CITY RECORDER: The Salt Lake City Recorder or designee.
COLLECTOR STREET: A street that provides the connection between arterial and local
streets. Collector streets can be multilane, but they are meant to carry less traffic at lower
speeds and for shorter distances than arterial streets. They provide direct access to abutting
property and carry a mix of local and commuter traffic headed for nearby destinations.
Collector streets are identified as such on the major street plan map of the transportation
master plan.
CONDOMINIUM: A property or portions thereof conforming to the definition set forth in
Utah Code Section 57-8-3 or its successor.
CONDOMINIUM CONVERSION: The process of converting an existing building(s) into a
condominium.
CONDOMINIUM DECLARATION: As defined in Utah Code Section 57-8-3, or its
successor.
CONSERVATION EASEMENT: An encumbrance against real property that restricts uses of
the land to protect the land for conservation purposes.
53
CONSOLIDATION: The act of combining two or more lot or parcels into one lot or parcel.
CONTOUR LINE: A line on a map joining points of equal elevation as measured from sea
level.
COUNTY RECORDER: The Salt Lake County Recorder or designee.
CUL-DE-SAC: A local street open at only one end which has a turnaround for vehicles at the
closed end.
DEDICATION: The act of converting private land to public land.
DEED: A legal document that transfers an ownership interest in real property to another
person or entity.
DEED RESTRICTION: A signed document recorded against the title of a property that
limits the use of the property.
DEVELOPMENT LIMIT LINE: A line on a plat which defines the boundary between
developable and undevelopable areas. This line may be identified with different terms, such
as nonbuildable area line, on existing recorded plats.
DOUBLE FRONTAGE LOT: A lot that has frontages on two different streets where the
streets do not intersect adjacent to the property. This term shall also apply to double frontage
parcels.
DRIVEWAY: A way or route for use by a vehicle leading from a parking area or from a
house, garage, or other structure to a road or street.
EASEMENT: An interest in land owned by another that entitles its holder to a specific
limited use or enjoyment.
ENVIRONMENTAL REMEDIATION: The cleanup of pollution or contaminants from the
environment to the standards appropriate for the proposed land use, including the soil,
groundwater, surface water, or air.
EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed,
and shall include the conditions resulting therefrom.
FINAL SUBDIVISION PLAT: A map of real property in the form of lands and/or building
units being laid out and prepared in accordance with the provisions of Chapter 10-9a or Title
57, Utah Code or its successor, and of this title, designed to be placed on record in the office
of the Salt Lake County Recorder.
54
FOOTHILL SUBDIVISION: A subdivision of property located within the FP Foothills
Protection District or the FR-1/43,560, FR-2/21,780, or FR-3/12,000 Districts.
FREEWAY: Routes, typically divided arterial highways, provide for rapid movement of
large volumes of vehicles between urban areas. No local access to individual sites is
provided.
GENERAL PLAN: Land use planning policy document(s) adopted by the Salt Lake City
Council in accordance with the provisions of Utah Code Chapter 10-9a, Part 4 and defined in
Title 19 General Plan.
GRADING: Excavation or fill or any combination thereof that alters the elevation of the
terrain and shall include the conditions resulting from any excavation or fill.
GRADING PLAN: A plan that shows the extent of all grading activity that is proposed to
occur within the boundaries of a subdivision or on a lot or parcel.
LEGAL DESCRIPTION: The written description of a lot or parcel. The legal description
may be metes and bounds, a lot number or combination of lot numbers when located within a
subdivision recorded by plat, or other lawful description of land that is recorded with the
county recorder’s office.
LOCAL STREET: A street which provides direct access to and from abutting properties they
serve. Local streets are usually relatively narrow and meant to carry traffic over short
distances and at low speeds.
LOT: A tract of land, regardless of any label, that is created by and shown on a subdivision
plat that has been recorded in the office of the county recorder.
LOT LINE ADJUSTMENT: The relocation of the property boundary lines, with the consent
of the owners of record as required by this title, between adjoining lots or parcels that are
described by either a metes and bounds description or a recorded plat.
MIDBLOCK WALKWAY: A pedestrian walkway that provides access through a block.
NONCOMPLIANCE: The result of an action that does not comply with a requirement of this
title.
NOTICE OF APPLICATION: A public notice sent to property owners or tenants within a
specified distance of a property that is subject of a land use application that is intended to
provide information about a proposed application authorized by this title.
NOTICE OF SUBDIVISION APPROVAL FOR 10 LOTS OR LESS: A document that is
recorded with the Salt Lake County Recorder’s Office that indicates the approval of a
subdivision of 10 lots or fewer as authorized by this title.
55
PARCEL: Any unit of real property that is not a lot.
PEDESTRIAN INFRASTRUCTURE: Public facilities intended to support the movement of
people in a safe, inclusive, and protected space separated from automobiles. This may
include, but is not limited to, paved ramps, sidewalks, paths, bridges, trails, street crossings,
and the accessory structures necessary to support the facilities.
PHASE ONE ENVIRONMENTAL SITE ASSESSMENT: A report that identifies potential
or existing environmental contamination that impacts or may impact land.
PLANNING COMMISSION: The Salt Lake City Planning Commission.
PLANNING DIRECTOR: The director of the Salt Lake City Planning Division or designee.
PREAPPLICATION MEETING: A meeting between a subdivider and various city
representatives where initial subdivision applications, process, and regulations are discussed.
PRELIMINARY PLAT MAP: A plat showing the design of a proposed subdivision and the
existing conditions in and around the subdivision. It need not be based upon a detailed final
survey of the property, except as provided in Chapter 20.16 of this title.
PRELIMINARY GEOTECHNICAL REPORT: A report that describes the general
topography and geology of land which includes subsurface conditions and that is intended to
provide information about the structural needs of future development based on the soil
characteristics.
PRELIMINARY SUBDIVISION: The first phase of the subdivision approval process that
precedes final subdivision.
PROPERTY REPORT: A report that analyzes all structures, building systems, and
infrastructure on a property that is proposed to be converted to a condominium. The report
includes information about the status, age, anticipated future maintenance needs, and other
issues associated with the property and is intended to be disclosed to future purchasers of
units within a condominium.
PUBLIC IMPROVEMENT: Street work, utilities, public landscaping improvements, public
infrastructure improvements, and other facilities proposed or required to serve a subdivision
and be installed within the public way.
PUBLIC INFRASTRUCTURE IMPROVEMENT: An infrastructure improvement as
defined in Utah Code Section 10-9a-103 required by this title that is intended to be dedicated
or granted for public use.
PUBLIC LANDSCAPING IMPROVEMENT: Landscaping described in Utah Code Section
10-9a-604.5 or its successor.
56
PRIVATE STREET: A street that is not dedicated for public use by a legally binding
document.
RECORDABLE INSTRUMENT: The documents that are used to document the approval of
any application required by this title and recorded with the Salt Lake County Recorder’s
office.
RECORDED PLAT: A subdivision plat that has been recorded with the Salt Lake County
Recorder’s office.
RESIDENTIAL LAND USE: A principal use of the land for primarily residential purposes.
RESIDENTIAL ROADWAY: As defined in Utah Code Section 10-9a-103.
RETAINING WALL: A structure that is used to hold earth in place.
REVIEW CYCLE: A subdivision review process defined in Utah Code Section 10-9a.604.2
SECURITY DEVICE: Any of the following, in a form acceptable to the city attorney, that
secures the performance of the subdivider’s obligations under the subdivision improvement
construction agreement:
1. A separate payment bond and a separate performance bond provided by a corporate
surety company;
2. A cash bond or escrow agreement; or
3. A letter of credit.
SIGNIFICANT STEEP SLOPE: An area of 30% or greater slope, as determined using 10’
averaging, which is intended to be protected from development or other disturbance.
SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is
performed as a single unified operation.
SITE PREPARATION: Grading and underground utility installation in preparation for an
approved, pending development.
SLOPE: The slant of the earth within a lot or parcel or other defined area of land.
SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered
professional engineer or land surveyor based upon a contour map of the specified scale and
contour interval, upon which the measured and calculated percent of slope (measured
between every contour interval on the map) is classified or grouped into percentage of slope
data in 10% slope groupings as follows:
57
Slope Classification Percent Of Slope Mapped Color
Level 0 - 9.9% Uncolored
Slight 10 - 19.9% Yellow
Moderate 20 - 29.9% Orange
Severe 30% and greater Red
SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil
mechanics and foundation engineering, familiar with the application of principles of soil
mechanics in the investigation and analysis of the engineering properties of earth materials.
SOLAR ORIENTED LOT:
A. A lot with a front line oriented to within 30° of a true east-west line. When the lot line
abutting a street is curved, the “front lot line” shall mean, for the purposes of this
definition, the straight-line connecting ends of the curve. For a flag lot, the “front lot line”
shall mean the lot line that is most parallel to the closest street, excluding the pole portion
of the flag lot; or
B. A lot that, when a straight line is drawn from a point midway between the side lot lines at
the required front yard setback to a point midway between the side lot lines at the
required rear yard setback, is oriented to within 30° of true north along such line; or
C. A corner lot with a south lot line oriented to within 30° of a true east-west line, where the
south lot line adjoins a public street or open space and the abutting street right of way or
open space has a minimum north-south dimension of at least 50’. For purposes of this
definition, “open space” shall include, without limitation, parks, cemeteries, golf courses
and similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and
reservoirs, lakes, ponds, wetlands, open spaces reserved for use of residents of the
development, and other similar open space.
SPECIAL NATURAL TOPOGRAPHIC FEATURE: A naturally occurring feature which is
determined to be unique among similar features of its kind (i.e., rock formation, water
feature) or has historical associations (e.g., Ensign Peak).
STANDARD SPECIFICATIONS: All the specific requirements and standard detailed
drawings adopted, utilized, and administered by the responsible city departments.
STREET: A public or private vehicular way, between property or boundary lines and
including parking, sidewalks, and gutters, that may also serve for all or part of its width as a
way for pedestrian traffic, whether called street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise designated.
STREET DEDICATION PLAT: A plat that is used to dedicate streets for public use but does
not create any additional lots. A street dedication plat cannot be used when the land to be
dedicated is part of an existing subdivision.
58
SUBDIVIDER: Any person, firm, corporation, partnership, or association who causes land to
be divided into a subdivision.
SUBDIVISION: Any land that is divided, resubdivided or proposed to be divided into two
(2) or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether
immediate or future, for offer, sale, lease, or development. For purposes of this chapter,
“subdivision” includes:
A. The division or development of land whether by deed, metes and bounds description,
devise and testacy, lease, map, plat, or other recorded instruments, for all residential and
nonresidential uses; and
B. Any condominium project which involves dedication of real property to the ownership
and use of the public.
SUBDIVISION AMENDMENT INVOLVING STREETS: An application that includes a
proposed change to any subdivision for which a subdivision plat has been previously
approved and recorded and which proposes to vacate all or a portion of any of the dedicated
public streets, rights of way, or easements of the original subdivision plat.
SUBDIVISION AMENDMENT NOT INVOLVING STREETS: An application that
includes a proposed change to any subdivision, for which a subdivision or plat has been
previously approved and recorded and which does not propose to vacate all or a portion of
any of the dedicated public streets, rights of way, or easements of the original subdivision
plat.
SUBDIVISION DESIGN: The overall layout of the proposed subdivision, including, but not
limited to, the arrangement of streets and intersections, the layout and size of lots, the widths
and locations of easements and rights of way for utilities, drainage structures, sewers and the
nature and location of public or semipublic facilities, programs for the preservation of natural
features, and the installation of public improvements.
SUBDIVISION IMPROVEMENT CONSTRUCTION AGREEMENT: An agreement
between the city and subdivider regarding constructing subdivision improvements required
by this title.
SUBDIVISION IMPROVEMENT PLANS: As defined in Utah Code Section 10-9a-604.2.
SUBDIVISION ORDINANCE REVIEW: As defined in Utah Code Section 10-9a-604.2.
SUBDIVISION PLAN REVIEW: As defined in Utah Code Section 10-9a.604.2
SUBSTANTIVE REVIEW: The review of a subdivision application and all submittal
requirements to determine if the documents comply with the requirements of this title.
TEN FOOT AVERAGING: Calculating the percent of slope between 10’ elevation intervals
on an accurate slope classification map. The first interval can start at any elevation line, and
59
subsequent intervals shall be set at 10-foot increments. For example, if the first interval starts
at 4721, the next interval line must be 4731, followed by 4741 and so forth. This technique is
used to determine areas of significant steep slope.
TRAFFIC IMPACT STUDY: A study performed by a transportation engineer that analyzes
the impact future development has on public streets to determine how the impacts can be
mitigated or if the development is appropriate.
TRAILHEAD: The point of public access to a public trail.
UNDEVELOPABLE AREA: The portion of a lot that is unusable for or not adaptable to the
normal uses made of the property, which may include areas covered by water, areas that are
excessively steep, included in certain types of easements, or otherwise not suitable for
development, including areas designated on a plat as undevelopable.
WATERCOURSE: A path where water flows in a natural, altered, or artificial manner.
WATER SOURCE: A source for drinking water.
WETLAND, FUNCTIONAL: Areas inundated, permanently or intermittently, with water
that contain wetland plant species. Functional wetlands do not include jurisdictional
wetlands.
WETLAND, JURISDICTIONAL: Areas that are inundated by water and declared as
wetlands by the United States Army Corp of Engineers.
WILDLIFE HABITAT: Land in a natural state with minimum human disturbances that is
used by wildlife.
WOODED AREAS: Areas of land that are naturally and primarily covered by trees and are a
minimum of ¼ acre in size.
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its
first publication.
60
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________,
202_.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 202_.
Published: ______________.
Ordinance repeal and replace Title 20 subdivisions (final) 10-12-23
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
October 12, 2023
STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Sylvia Richards, Policy & Budget Analyst
DATE:November 7, 2023
RE: Required Public Art Program Maintenance and Conservation Report for FY23-24
Maintenance and Conservation Artwork Projections
ISSUE AT-A-GLANCE
Each year, as required by ordinance, the Department of Economic Development Arts Council Division provides
the City Council with a report estimating the maintenance and conservation costs for the City’s public art
collection, including recommendations for the deaccession (removal) of certain art pieces. The Arts Council also
requests that the Council approve the transfer to the CIP Percent-for-Art Maintenance Fund, in the amount of
20% of the FY23-24 CIP Percent-for-Art funds ($32,303).
Currently, there are a total of 150 pieces of city-owned artwork in various spaces throughout the city, including
parks, streets, plazas, and buildings, as well as 92 art pieces located at the City & County Building. This year, the
Arts Council will focus on maintaining fourteen art pieces for an estimated cost of $58,600 from the CIP
Percent-for-Art Maintenance Fund with a contingency of $20,000 of currently available funds for unexpected
repairs. After the City Council approves the FY23-24 CIP budget, the Percent-for-Art allocation will be issued to
the Arts Council for its Public Art Program. The Administration recommends that 20% of this total ($32,303) be
directed towards supporting the works identified in the transmittal.
The Administration indicates that during FY22-23, the Public Art Program focused on the maintenance of 28
public art pieces in the City’s collection for a total cost of $102,148. $96,084 was paid from the CIP Percent-for-
Art Maintenance Fund while $6,100 was paid for by Parks Maintenance funds (Attachment A). Through the
annual CIP Percent-for-Art funding approved in FY22-23, the Public Art Program allocated $31,221 towards the
maintenance fund. As detailed in the Administration’s transmittal, the maintenance costs for 2 of the 28
artworks exceeded the original bids (Flight of Fancy and Signal Site) and were postponed for completion.
However, two works were substituted in their place and will be completed in the coming weeks (Clio (Nine
Muses installation and Guardians).
Periodically, unexpected repairs are necessary which are not part of the regular maintenance process. They are
noted in Attachment A as Unexpected Repairs (UR), such as artwork which is vandalized. The Arts Council
indicates it is working closely with Public Lands staff to manage, repair, reinstall with additional security, four
artworks at Jordan Park’s International Peace Gardens. Funding for the repairs was provided by Parks
Maintenance budget. Four artworks were deaccessioned as recommended by the Art Design Board and approved
2
by Mayor Mendenhall. Two were removed due to safety and structural concerns and the other two have been lost
for several years.
BUDGET CONCERNS FOR ONGOING MAINTENANCE NEEDS:
The transmittal indicates that the maintenance projections and costs for FY23-24 will ‘nearly deplete’ their
existing budget, and additional funding will be necessary above and beyond the guaranteed 10-20% allocation of
Percent-for-Art funding in future years. As indicated by the Administration, several artworks which need
immediate maintenance will not receive the attention needed because of lack of funds. Additionally,
maintenance bids are now higher than the original bids, and some aging art pieces may need to be considered
for deaccession. In summary, the remaining number of unmaintained artworks, rising inflation and material
costs, and limited funding remain the biggest obstacles impacting future maintenance efforts. After detailing
these budget concerns, the Administration acknowledges the Mayor and Council’s support of the funding to
maintain the city’s public art collection in a manner that has not been done previously.
For reference, the following ordinance allows the transfer of funds and requests an annual report:
ORDINANCE CONSIDERATIONS: 2.30.060: FUNDS FOR WORKS OF ART; REQUESTS FOR
APPROPRIATIONS: A. When so designated by the City Council, in its appropriation for capital improvements,
all City departments shall expend, as a nondeductible item out of any monies appropriated for the planning,
design and construction of construction projects, an amount equal to one and one-half percent (1.5%) of such
appropriations for the acquisition and installation of works of art and ornamentation, ten to twenty percent (10-
20%) of which will be deposited in the public art maintenance fund and used to provide maintenance for existing
works of art. The Mayor shall provide a report to the City Council of works of art that require
maintenance and the estimated cost of such maintenance prior to the funds being deposited in
the public art maintenance fund.
DEPARTMENT of ECONOMIC DEVELOPMENT
1
ERIN MENDENHALL
MAYOR
LORENA RIFFO JENSON
DIRECTOR
CITY COUNCIL TRANSMITTAL
____________________________ Date Received: ________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: ____________
__________________________________________________________________
TO: Salt Lake City Council DATE: AUGUST 1ST, 2023
Darin Mano, Chair
FROM: Lorena Riffo Jenson, Director, Department of Economic Development
SUBJECT: Required Public Art Program Maintenance and Conservation Report for FY23-24
Maintenance and Conservation Artwork Projections
STAFF CONTACTS:
Felicia Baca, Director, Arts Council
felicia.baca@slcgov.com | 385-256-5588
Renato Olmedo-González, Public Art Program Manager, Arts Council
renato.olmedo-gonzalez@slcgov.com | 801-535-6511
DOCUMENT TYPE: Informational
RECOMMENDATION: n/a
BUDGET IMPACT: None and already designated. This transmittal is required to transfer funds
to CIP Percent-for-Art Maintenance Fund via Finance Department.
COORDINATION: n/a
ORDINANCE CONSIDERATIONS:
2.30.060: FUNDS FOR WORKS OF ART; REQUESTS FOR APPROPRIATIONS:
A.When so designated by the City Council, in its appropriation for capital improvements, all
City departments shall expend, as a nondeductible item out of any monies appropriated for the
planning, design and construction of construction projects, an amount equal to one and one-half
percent (1.5%) of such appropriations for the acquisition and installation of works of art and
ornamentation, ten to twenty percent (10-20%) of which will be deposited in the public art
maintenance fund and used to provide maintenance for existing works of art. The Mayor shall
provide a report to City Council of works of art that require maintenance and the
estimated cost of such maintenance prior to the funds being deposited in the public
Lisa Shaffer (Aug 7, 2023 14:53 MDT)
08/07/2023
08/07/2023
2
art maintenance fund.
BACKGROUND:
The Public Art Program recommends to the Finance Department that 20% of the FY23-24
CIP Percent-for-Art funds ($32,303.60) be deposited to the Maintenance Fund based on the
information contained in this report.
The programmatic basis for assessing artworks continues to be a comprehensive plan that
surveyed 150 public artworks located in City-owned parks, streets, plazas, and buildings, as
well as 92 artworks located at the City & County Building. Funding for this report was
provided by City Council in FY19-20. Each artwork was assigned a Priority Code Ranking
from 1 to 4 with notes on each item’s installation and condition with recommended actions
for maintenance and repair. The criteria for each of the priority codes are as follows: [1]
Immediate action: structural issues, visually unsightly; [2] Moderate action: peeling paint,
early corrosion, etc.; [3] Cleaning / waxing; and [4] Condition acceptable. Although not
required of ordinance, below we have included a progress report on FY22-23 completed
repairs from the previous year’s transmittal.
FY22-23 COMPLETED AND IN-PROGRESS ARTWORKS ADDRESSED FOR
MAINTENANCE AND CONSERVATION
During FY22-23, the Public Art Program conducted a variety of maintenance needs that
addressed 28 individual public artworks in the City’s permanent collection for a total cost of
$102,148. $96,084 was paid for from the CIP Percent-for-Art Maintenance Fund while
$6,100 was paid for by Parks Maintenance funds (Attachment A). Through the annual CIP
Percent-for-Art funding approved in FY22-23, the Public Art Program allocated $31,221.40
towards its Maintenance Fund.
The Public Art Program’s FY22-23 maintenance and conservation efforts were the most ambitious
and expansive since the implementation of a designated stream of funding to address this
programmatic priority. The artworks addressed ranged greatly in scope, duration, location, and
total cost and were built upon the established foundations of our program’s maintenance
strategy. Out of the 28 artworks included in the report, in the course of work, two works of art
previously listed exceeded the original bids upon further assessment (Flight of Fancy and Signal
Site) and were postponed for completion. However, two works were substituted in their place and
will be completed in the coming weeks (Clio (Nine Muses installation) and Guardians).
In FY22-23, most artworks addressed by the Arts Council were previously identified as Priority 1
and 2 in the Condition & Inventory Assessment Report noted above. Other repairs outside of
this report included some artworks that were vandalized throughout the year (two murals be
repainted and two sculptures were damaged recently and are currently being repaired); these
artworks are noted as Unexpected Repairs (UR) in Attachment A. Additionally, the Arts Council
helped managed the restoration and reinstallation (with enhanced security measures) of four
artworks at Jordan Park’s International Peace Gardens; these repairs were funded by Parks
Maintenance funds. To accomplish these repairs, the Public Art Program collaborated closely
with Public Lands staff and had productive discussions to develop a comprehensive co-
stewardship strategy to address these four artworks (which were considered unexpected repairs)
and consider the remaining collection within the site. Lastly, four individual artworks were
formally
3
deaccessioned from the permanent collection (this was a professional recommendation found on
the Condition & Inventory Assessment Report and their deaccession was recommended by
the Art Design Board and approved by Mayor Mendenhall); two were removed due to safety
and structural concerns and the other two have been lost for several years.
FY23-24 MAINTENANCE AND CONSERVATION ARTWORK PROJECTIONS
For the current FY23-24, the Public Art Program intends to address the maintenance needs of
fourteen artworks in its permanent collection, for a projected total cost of $58,600 (the entirety of
this funding will come from the CIP Percent-for-Art Maintenance Fund). A contingency of
$20,000 of our current available funds has been included in this total to plan for unexpected
repairs in FY23-24, which is a conservative estimate based on previous year’s data for unexpected
repairs (Attachment B). After City Council approves the FY23-24 CIP budget, the Percent-for-Art
allocation will be issued to the Arts Council for its Public Art Program. We recommend that 20%
of this total ($32,303.60) is directed towards supporting the works outlined in this transmittal.
Our FY23-24 Maintenance and Conservation strategy include the recommendation to deaccession
one artwork, and address a variety of repairs to thirteen other works. These repairs vary greatly in
scope, price, and location and, in comparison to last year’s projections, and inflation has greatly
affected the number we are able to address this upcoming year. Additionally, the Public Art
program sought out 7 additional bids for work in the Peace Gardens, however, they are not
included in this transmittal because they are being considered in a current CIP constituent
application. If awarded, we will work in close collaboration with Public Lands and relevant
stakeholders to address these works of art. It should be noted that last year per the report we
repaired and secured a number works at the Peace Gardens.
It is important to note that although most of our maintenance and conservation efforts for this
fiscal year are largely rooted in the recommendations found on the Condition & Inventory
Assessment Report, the condition of some artworks has worsened since, which requires us to
strategize our immediate needs base on the artwork’s individual needs, safety concerns,
structural integrity, geographic equity, bundling vendors for cost savings, and overall
prominence within the community or collection. Our Program will continue to prioritize
artworks based on these considerations.
KEY CONSIDERATIONS
The FY23-24 Maintenance and Conservation Projections found in this transmittal will nearly
deplete our current maintenance fund (see Attachment B). Although there is now a mechanism in
place to guarantee a 10-20% allocation of Percent-for-Art funding for our program’s maintenance
needs, additional funds will be necessary to address the remaining artworks identified as priorities
within our public art collection in future years. It is important to note that several artworks in the
Public Art Collection currently flagged as immediate priorities for maintenance and conservation
will not be addressed due to lack of funds. Other objects being assessed consider if the repair costs
exceeds the original cost (or replacement cost), and if deaccessions should be considered for these
aging works and their expected lifespan.
Additionally, several artworks in need of conservation are 2D objects within the Fine Art
Collection inside the City and County Building. Currently, regulations with CIP dollars prohibit
funding usage on non-capitalized objects which these fall under the distinction of.
Lastly, the Public Art Program and Public Lands staff will need to continue collaborating closely to
ensure proper and successful stewardship of all the artworks within the International Peace
Gardens. We intend to begin working with the Finance department and relevant stakeholders on
4
pathways to additional maintenance funding for these objects/needs in FY24. Overall, the
remaining number of unmaintained artworks, rising inflation and material costs, and finite
funding remain the biggest obstacles impacting our future maintenance efforts.
Thanks to the generous support, trust, and funding received from the Mayor and City Council, our
Public Art Program has developed a comprehensive maintenance strategy that is addressing gaps
within our public art collection more swiftly than previously possible.
Attachments:
Attachment A: FY22-23 Completed and In Progress Artworks Addressed for Maintenance and
Conservation
Attachment B: FY23-24 Maintenance and Conservation Artwork Projections
Artist Artwork title Medium Priority Action taken District Location Vendor Funding Source Status Actual cost
Allen, Sam Untitled
Painted steel,
concrete base 2 Address damage to sculpture, clean, and
repaint 4 Artesian Well Park
500 East 800 South Metal Arts Maintenance CIP Completed 1,545.00$
Barley, Ethan Anthocyanin Painted steel 2 Address damage to sculpture, clean, and
repaint 4 147 West Broadway (in front
of Squatter's)Metal Arts Maintenance CIP Completed 1,800.00$
Christensen, Day Trees (Maple)Cast bronze
2 Address rust and damage to bench; clean and
wax
5
Yalecrest neighborhood
Jolley's Corner Pharmacy,
1676 E 1300 S Metal Arts Maintenance CIP Completed 2,470.00$
Chubin, Wayne & Tim
Gallagher
Friends of the Park (Herman
Franks Park)
Photographs,
enamel on metal
1
Artwork deaccessioned by Art Design
Board and approved by Mayor Mendenhall
June/July 2023
5 Herman Franks Park
700 E 1300 South N/A N/A
Artwork
deaccessioned -$
Dolinger, Ed Picnic Shelter Painted steel 2 Refabrication and repainting of 24 gazebo
objects 4 Richmond Park (Gazebo)
450 E 600 S Metal Arts Maintenance CIP Completed 8,000.00$
Eddy, Dave Untitled (Red Fans)Painted steel 1 Clean, strip, and repaint sculpture 4 10 South West Temple (east
of Abravanel Hall)Metal Arts Maintenance CIP Completed 4,480.00$
Ellison, Robert Tweak 360
Carbon steel plate
sheet with epoxy
coating
1
Clean and repaint sculpture
2 Jordan Skate Park
1060 South 900 West Metal Arts Maintenance CIP Completed 6,625.00$
Eriksen, Edvard The Little Mermaid (Denmark)Cast bronze
UR*
Sculpture was repaired after attempted theft
damage; reinstalled with enhanced security
measures
2
International Peace Gardens
(Jordan Park)
1060 South 900 West Metal Arts Parks funds Completed 1,600.00$
Fraughton, Ed
Bust of Margaret Thatcher
(England)Cast bronze
UR*Repair, clean, and reinstall sculpture with
enhanced security measures
2 International Peace Gardens
(Jordan Park)
1060 South 900 West Metal Arts Parks funds Completed 900.00$
Heath, Paul, Linda Nowlin,
Louis Fischman, and Wayne
Geary Untitled (Bend in the River)
Concrete pavers,
benches, ceramic
tile mosaics
1 Artwork deaccessioned by Art Design
Board and approved by Mayor Mendenhall
December 2022/January 2023
2
Jordan River Parkway
(Modesto Park)
Modesto Avenue and 1000
West N/A N/A
Artwork
deaccessioned -$
Hess, John Eurythmy Fabric, plastic
1 Artwork removed from Utah AIDS Foundation
building; reinstalled at the Art Barn.
4
Art Barn | Finch Lane
Gallery
54 South Finch Lane N/A -$ Completed -$
Konopasek, Lenka McClelland Trail: Spurt Painted steel
2 Remove and resintall sculpture; clean and
repaint
5
McClelland Trail
1200 East (Bryan Avenue)
1600 South - 1050 East
1200 South Metal Arts Maintenance CIP Completed 2,775.00$
Landmark Design & various
other artists (Day Christensen,
Bonnie Sucec, Katie Coles, Kit
Farley & Brie Matheson)
500 West Park Blocks (Garden
Sillhouettes)Painted Steel
1
Refabrication, reinstalaltion, and repainting of
sillhouette sculptures mounted on poles
4 500 West Block between
North Temple and 200
South Metal Arts Maintenance CIP Completed 7,560.00$
Littig, William & Bernardo
Flores-Sahagún Guardians Corten steel
2 Repaint two steel flat sculptures encircling a
tree. Replace plaque
7
Elizabeth Sherman Park,
entrance sidewalk
1200-1250 Parkway Avenue
South Metal Arts Maintenance CIP In progress 3,565.00$
Murdock, Mike Point of Reference Mural
UR*
Repainting of mural after graffitti damage
5 Out of the Blue sculpture
900 South 1100 East Mike Murdock Maintenance CIP Completed 1,623.00$
Nebeker, Kinde
Untitled (bronze didactic
plaques)Bronze 1 Recast and reinstall 14 bronze plaques 3 Warm Springs Park
840 N 300 W Metal Arts Maintenance CIP Completed 27,790.00$
Pillow, Troy Clio (Nine Muses)
Stainless steel,
powder coat paint
UR*
Repair kinetic element, asses further condition
of sculpture, including possible repainting.
Replace plaque.
5 Southeast corner of 900
South 900 East Metal Arts Maintenance CIP In progress 4,500.00$
Ragland, Greg Three Peas in a Pod
Painted cast
aluminum
2 Removal and reinstallation of sculpture; repair
of the three pea elements
2 9-Line Community Garden
725 West 900 South Metal Arts Maintenance CIP Completed 2,615.00$
Ragland, Greg Serve & Protect Cast bronze 3 Address damage from paint to the sculpture;
clean and wax 4 Public Safety Building
475 South 300 East Metal Arts Maintenance CIP Completed 2,100.00$
Scheurman, Josh Free Flight Mural UR*Repainting of mural after graffitti damage
(occurred twice)2 9-Line Bike Park
700 West 900 South
Josh
Scheuerman Maintenance CIP Completed 1,000.00$
Starks, Dave Untitled (Dancing Man)Corten steel
N/A
Pick up and delivery of sculpture; address rust
damage at the base, cast new joint,
reinstallation
4
Art Barn | Finch Lane
Gallery
54 South Finch Lane Metal Arts Maintenance CIP Completed 4,500.00$
Swain, John Untitled Painted steel 1 Deinstall and reinstallation of sculpture; object
cleaned, stripped, and repainted. 4 Taufer Park
700 S 300 E Metal Arts Maintenance CIP Completed 2,550.00$
Taylor, Cordell Order to Chaos Painted steel 2 Repaired corroded areas, clean, and repaint 4 375 South 400 W median Metal Arts Maintenance CIP Completed 4,575.00$
Tessman, Thomas Pierpont Benches Stone
1
Artwork deaccessioned by Art Design
Board and approved by Mayor Mendenhall
June/July 2023
4 Pierpont Walkway
200 South Pierpont Avenue N/A N/A
Artwork
deaccessioned -$
FY22-23 Completed and In Progress Artwork Maintenance & Conservation Projects
Attachment A
Thelander, Eric Sugar House Benches
Concrete and
epoxy coated steel
1 Artwork deaccessioned by Art Design
Board and approved by Mayor Mendenhall
December 2022/January 2023
7
Sugar House Business
District (Fairmont Aquatic
Center, Sprague Library,
and 2005 South 1100 East)N/A N/A
Artwork
deaccessioned -$
Unknown Herman Franks Cast bronze 2 Sculpt, mold, and replace missing bronze bat;
clean and wax sculpture 5 Herman Franks Park
700 E 1300 South Metal Arts Maintenance CIP Completed 5,975.00$
Unknown
Bust of Emperor and Country
Map Outline Cast (Vietnam)Painted metal
UR*Repair, clean, and reinstall sculpture with
enhanced security measures
2
International Peace Gardens
(Jordan Park)
1060 South 900 West Metal Arts Parks funds Completed 2,400.00$
Unknown Harp (Wales)Painted metal
UR*Repair, clean, and reinstall sculpture with
enhanced security measures
2
International Peace Gardens
(Jordan Park)
1060 South 900 West Metal Arts Parks funds Completed 1,200.00$
* Unexpected
Repairs 77,848.00$
98,548.00$
28
FY22-23 Maintenance and conservation projects paid from CIP Maintenance
Fund
TOTAL EXPENSES FOR FY22-23 PUBLIC ART MAINTENANCE &
CONSERVATION PROJECTS
Number of artworks addressed in FY22-23
Artist Artwork title Medium Priority Scope of Work District Location Vendor Cost Estimate
Christensen, Day Dairy Cats Cast bronze 3 Clean, wax & polish sculptures 1 Steenblik Park
1050 West 800 North Metal Arts Foundry 3,200.00$
Christensen, Day Sugar Beets Cast bronze
4
Clean, wax, & polish sculptures
7
Various in Sugar House core:
- 1 sculpture at Hidden Hollow Trail roundabout
west of tunnel (2175 East 2150 South)
- 1 sculpture at Sprague Library, north of entrance
on the lawn (2131 South 1100 East)
- 2 sculptures at Sugar House Commons (near
bridge east of Petco) (1165 East Wilmington
Avenue)Metal Arts Foundry 6,200.00$
Fuhriman, Jerry & Taylor, Arthur Missy's Rocket Steel, found objects
2
Repaint pole; ensure drainage hole exists within
support pole. Address sculpture element for
damange. Replace plaque.
2 HUB Property across from UTA Central Station
275 South 600 West Metal Arts Foundry 3,800.00$
Gerhart, Dan Flying Fish Painted steel
1 Repaint pole; ensure drainage hole exists within
support pole. Address sculpture element for
damage. Replace plaque.
2 West side of crosswalk on 400 West between 100
and 200 South
~150 south 400 West Metal Arts Foundry 3,800.00$
Gerhart, Dan Gambel's Quail Cast bronze
3
Repair broken top knot.
Clean, wax & polish sculpture. Replace plaque.
6
Davis Park
2000 East 900 South Metal Arts Foundry 4,500.00$
Houser, Allan May We Have Peace
Cast bronze mounted
on 33" high
cylindrical steel base
2 Repair and repaint base. Clean, wax, polish
sculpture.
Replace 33" x 32" plaque
4
City & County Building, southwest corner
451 south State Street
Plaque stone located southwest of sculpture
facing intersection.Metal Arts Foundry 10,700.00$
Johansen, Nathan Last to Launch Bronze
2
Repaint pole; ensure drainage hole exists within
support pole. Address sculpture element for
damage. Replace plaque.
4 Approximately 151 South 400 West, east side of
crosswalk Metal Arts Foundry 3,800.00$
Landmark Design & various other
artists (Day Christensen, Bonnie
Sucec, Katie Coles, Kit Farley &
Brie Matheson) 500 West Park Blocks Light, steel
1 Various repairs to light infrastructure located
throghout the site
4 500 West Block between North Temple and 200
South Awaiting bid Awaiting bid
Littig, William Lupita, The Woman Painted steel 2 Repaint sculpture, including the base, and
address rusted areas of base. Replace plaque. 3 Guadalupe Park
615 West 500 North Metal Arts Foundry 4,800.00$
Littig, William Untitled Cast concrete pavers
4
RECOMMENDED DEACCESSION
The concrete is faded and worn and no longer
has the visual characteristics observed in the
original piece. The piece has simply worn out
and faded over time.
3
City Creek Stairs at about 4th Avenue, top and
bottom landing
120 4th Ave (bottom) and 220 East Capitol Street
(top)
None -
Recommended
Deaccession -$
Little, Tim Huey, the Utah Cricket
Painted steel, found
objects
2
Repaint pole; ensure drainage hole exists within
support pole. Address sculpture element for
damage. Replace plaque.
2 HUB Property across from UTA Central Station
275 South 600 West Metal Arts Foundry 3,800.00$
O'Very Covey, Traci Drinking It In Powder coated steel
2
Repaint pole; ensure drainage hole exists within
support pole. Address sculpture element for
damage.Replace plaque.
4 300 south traffic median
300 East 300 South Metal Arts Foundry 6,400.00$
Taylor, Cordell Space Junke
Steel, copper, found
objects
2
Repaint pole; ensure drainage hole exists within
support pole. Address sculpture element for
damage. Replace plaque.
4 East of Abravanel Hall in parking strip (10 South
West Temple)Metal Arts Foundry 3,800.00$
Thomas, Darl Sky Sled Stainless steel
2
Repaint pole; ensure drainage hole exists within
support pole. Address sculpture element for
damage. Replace plaque.
4 Parking strip in front of Abravanel Hall (10 South
West Temple)Metal Arts Foundry 3,800.00$
20,000.00$
58,600.00$
86,959.80$
8,359.80$
FY23-24 Artworks for Maintenance & Conservation Projections - Comprehensive
Contingency for unexpected repairs
TOTAL EXPENSES FOR FUTURE MAINTENANCE &
CONSERVATION OF PUBLIC ART COLLECTION
* All monies to come from Maintenance Fund
Funds available in Maintenance Cost Center (including FY23-
24 allocation)
Anticipated remaining balance in Maintenance Cost Center
$WWDFKPHQW%
COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet, Policy Analyst
DATE: November 7, 2023
RE:Zoning Amendments:
Affordable Housing Incentives
PLNPCM2019-00658
PROJECT TIMELINE:
Briefing 1: Sept 19, 2023
Briefing 2: Oct 3, 2023
Briefing 3: Oct 10, 2023
Briefing 4: Nov 7, 2023
Set Date: Oct 3, 2023
Public Hearing: Oct 17, 2023
Potential Action: TBD
Visit the Council’s Website for more information on various topics relating to affordable housing,
including this proposal tinyurl.com/SLCHousingProposals
NEW INFORMATION
During the October 10 work session, the Council had the opportunity to raise questions about the
Affordable Housing Incentives plan. Planning staff has provided responses to the questions raised at that
time. Please see Attachment A to review the questions and responses.
Changes to the Ordinances
During the previous briefings, Council Members supported making specific changes to the ordinance
pertaining to incentives for homeownership and additional building height. Additionally, a change was
made that would help the Administration better track applications. If the Council supports the following
changes they will be added to the final draft.
•Home Ownership
▪Affordable homeownership units shall meet a minimum of at least one of the
affordability criteria identified. Any fractional number of units required shall be
rounded up to the nearest whole number.
•10% of units are restricted as affordable to those with an income at or below
80% AMI; or
•5% of units are restricted as affordable to those with an income at or below
60% AMI
•Additional Building Height
o Building height for additional stories is defined as “not exceeding 12 ft.”
Page | 2
o Tables were updated to reflect the updated maximum height for additional stories.
•Application Tracking (page 14)
o Specific information required for an application is outlined to improve the ability of the
Administration to track the application through the process.
Potential Follow up Questions
1. Does the Council support the changes to the draft ordinance pertaining to homeownership,
additional building height and application tracking?
2. Does the Council wish to initiate a request for the administration to complete a study to justify a fee
for the AHI program?
a. Does the Council have concerns that a fee would potentially discourage the construction of
affordable housing units?
3. Does the Council want to consider a delayed implementation for the AHI ordinance?
a. Planning staff indicates this could be helpful in order to give the Administration time to get
the permitting system set up with new requirements. This could also be helpful to get the
tracking system up and running or to phase in the ordinance if that is desired.
4. Does the Council wish to include any of the requirements from the Landlord Tenant Program as
part of the AHI program?
5. Does the Council with to discuss owner occupied requirements with the Administration?
a. Admin staff responded they feel owner occupied requirements would reduce interest from
property owners to participate in the AHI program.
6. Does the Council wish to discuss with the Administration the Legislative Action to study of single-
family zones and its potential impact on the AHI ordinance?
7. Does the Council wish to ask the Administration to add annual reporting requirements to the
ordinance (number of units built, number affordable, homeownership, etc.)?
Legislative Action
During some of the briefings Council Member Wharton expressed concerns about perceived
ambiguousness of city code when it comes to enforcing and limiting the impact on construction on adjacent
properties. Council Members expressed general support for initiating a legislative action that would
request the Administration provide recommendations to the City Council to clarify the city code.
Staff will have a motion ready for consideration at time of potential adoption of the AHI ordinance.
The following information was provided for the October 17 briefing. It is provided again
for background purposes.
October 17 Work Session Information
The Council held a follow-up discussion about the Affordable Housing Incentive proposal on October 10.
During the discussion, Council Members raised questions about the proposal. Questions included topics
Page | 3
such as long-term enforcement and administration of the program, community concerns about
neighborhood character, and ways this proposal intends to address the affordable housing crisis.
The Mayor’s Administration will work on responding to these questions in the next several weeks. Council
staff will add this list of questions to the public packets as soon as it is finalized. A follow-up briefing will be
held to discuss the responses and to determine if any changes will be made to the plan.
The public hearing is scheduled for October 17.
The following information was provided for the October 10 briefing. It is provided again
for background purposes.
The Council held a follow up briefing on both the Affordable Housing Incentives proposal and the Thriving
in Place draft plan during the October 3 work session briefing.
The Council decided to hold another work session to give more time to publicly identify any questions and
follow-up items. The goal of the briefing will be for Council Members to share requests, and then allow
time for Planning to respond and incorporate potential changes before returning for a follow-up briefing in
the coming weeks.
Council staff and the Administration will track the list, including items raised during the October 3rd
briefing, and get written responses to each question/concern for a future briefing.
The following information was provided for the October 3 briefing. It is provided again for
background purposes.
NEW INFORMATION
During the September 19 work session, the Council held a briefing on the Affordable Housing Incentives
zoning amendment petition. Based on that discussion, several questions were raised, and Council staff is
working with the Administration to get responses to those questions.
A follow up briefing will be held on October 3 in conjunction with a briefing on the Thriving In Place (TIP)
plan. The TIP plan identifies the Affordable Housing Incentives as a priority for implementation and notes
funding for new staff will be needed.
As part of the discussion on Affordable Housing Incentives, the Council may wish to consider discussing
some of the policy questions outlined below.
1. Drafting Administrative Policies and Procedures
•During the work session briefing Planning staff mentioned it would take some time to get
guidelines and procedures in place to administer the program. Council staff asked for
clarification because there was some confusion if that meant design guidelines for the
appearance of structures needed to be created.
Planning staff clarified they need to create the administrative procedures that outline the
process administrative staff will follow to move an application through the process.
Page | 4
2. Design Guidelines
•Some questions were raised about how buildings constructed according to the Affordable
Housing Incentives would be compatible with neighborhoods and existing development.
The draft ordinance notes that base zoning standards apply unless they are specifically
modified by this section. However, if there are conflicts with design standards, the more
restrictive regulation applies and takes precedence.
According to the draft ordinance, the “development regulations are intended to provide
supplemental regulations and modify standards of the base zoning district for the purpose
of making the Affordable Housing Incentives more feasible and compatible with existing
development.” (21A.52.H – Development regulations)
There are design standards that apply to rowhouses, sideways rowhouses, cottages as well
as for the new housing types in single- and two-family zoning districts. 21A.52.H, 1-3 –
Development regulations.
3. Staffing Adjustments
•Administrative staff said they will be able to initially absorb the anticipated workload that
creating and administering this program will require. However, they anticipate they will
likely come to the Council in future budgets to request additional staff once the program is
up and running.
4. Potential Program Participation Fee
•At this time Administration has not proposed to include a fee for the program that will help
cover the costs of administering it. However, they noted it is likely a fee can be justified.
o Does the Council wish to put in a place holder in the ordinance that anticipates
the Administration will return to the Council with a request to put a fee in the City
Code?
5. Good Landlord Requirements
•Council staff is working with Attorney’s and Planning staff to find out if requirements
outlined in the good landlord program can be included as a requirement as part of
participation in the Affordable Housing Incentives program.
6. Impact Fee Waiver
•Council staff is working with the Attorney’s Office to find out if impact fees can be waived
for affordable units that are constructed are part of this program.
7. Licensing Requirements for Apartments with Three or Fewer Units
•Staff is working with Attorney’s and Planning staff to confirm if apartment complexes with
three or fewer units are required to have a business license and be part of the good landlord
program
8. Enforcing fines and compliance with code
•Questions have been raised about how the City enforces fines that are levied to bring
properties into compliance with City Code. Some questions have been raised about the
effectiveness of fines and when the City decides to settle with property owners at levels
much lower than their accrued amount.
Page | 5
•Council staff is working with the Attorney’s Office to get a response to this question. At the
time this staff report was drafted, a response was not yet ready. Staff will update the
Council once a response is ready.
9. Administering and Enforcement
Administering and enforcement of the program was discussed. Planning staff outlined the key
provisions related to the enforcement plan: 21A.52.D, E and F
•Reporting and Auditing
o Property owners must submit an annual report to the Director of CAN by April 30
of each year, demonstrating compliance with the ordinance
o That report includes:
1. Property location, tax ID and legal description
2. Property owner name, mailing and email addresses,
3. Information on the dwelling units and tenants receiving incentives includes:
a. total number of dwelling units
b. number of bedrooms for each unit
c. rental rate of each unit
d. identify dwelling units that comply with level of affordability
identified in the approval process and statement that units are in
compliance
e. identify change in occupancy to the units, include number of people
residing in each unit and change in tenant (Personal data is not
required)
f. confirm verification for all tenants was performed on annual basis
g. identify differences in rent between agreed upon rental rate and
actual rent received
h. identify instances where an affordable unit was no longer rented at
the agreed upon level of affordability, length of time it was not in
compliance and remedy taken to address noncompliance
o The CAN director has 30 days to provide written notice to property owners
whether they are in compliance or not.
o In situations of noncompliance, a property owner has 30 days to come into
compliance. If they are unable to do so, they will start paying the fine.
•Enforcement
o Violations of the restrictive covenant will be investigated and prosecuted
1. A lien may be placed on the property
2. A business license may be revoked
•Eligibility
o Property owner must enter into a legally binding restrictive covenant which must
be filed with the Salt Lake County Recorder
o Notice of sale shall be provided to the City and the City shall have right of first
refusal to any sale of the property.
o Affordable units shall be both income and rent/housing payment restricted
o Affordable units must be comparable to market rate units within the development
Page | 6
10. Delayed Adoption for Portions of the Affordable Housing Incentives Amendment
Some have asked about the possibility of dividing the Affordable Housing Incentives into separate
pieces for adoption. The first piece would be to adopt the RMF/mixed use/institutional zoning
initiatives. Then the second would be to adopt changes to the single-family zoning districts.
11. Institutional Zone Amendments
There were some questions about what incentives apply to the Institutional zoning district.
According to the draft ordinance, housing would be allowed on institutional zoned land. These
would include row houses, sideways row houses, cottage developments
Additionally, the Institutional zoning district will follow the affordability requirements as outlined
in table 21 A.52.050.G (see page 7 below)
Affordable rental or homeownership units shall meet a minimum of at least one of the
affordability criteria identified. Any fractional number of units required shall be rounded up to
the nearest whole number.
1. 20% of units are restricted as affordable to those with an income at or below 80% AMI;
2. 10% of units are restricted as affordable to those with an income at or below 60% AMI;
3. 10% of units are restricted as affordable to those with an average income at or below
60% AMI and these units shall not be occupied by those with an income greater than
80% AMI;
4. 5% of units are restricted as affordable to those with an income at or below 30% AMI;
5. 10% of units are restricted as affordable to those with an income at or below 80% AMI
when the affordable units have two or more bedrooms;
6. 5% of units are restricted as affordable to those with an income at or below 60% AMI
when the affordable units have two or more bedrooms; or
5% of the units are restricted as affordable to those with an income at or below 80%
AMI when the affordable units have three or more bedrooms.
The following information was provided for the September 19 briefing. It is provided again
for background purposes.
ISSUE AT-A-GLANCE
The Council will receive a briefing about an ordinance that would amend various sections of the City zoning
ordinance by establishing Affordable Housing Incentives (AHI). The proposed amendments would allow
the following if requirements for affordable units are met in order to streamline and encourage more units
to be built in the City at an affordable rate. See more details on each of these changes starting at
the end of page 2, and chart on page 3 to see the level/quantity of affordability required for
each:
• Permit administrative design review and additional building height between 1-3 stories, depending
on the zone, in various zoning districts that permit multifamily housing.
• Remove the Planned Development requirement for specific modifications and for development in
the CS (Community Shopping) zoning districts.
• Permit an additional story in the TSA Transition zoning districts and two stories in the TSA Core
zoning districts.
• Allow additional housing types in the CG (General Commercial), CC (Community Commercial), and
CB (Community Business) zoning districts.
• Allow housing on Institutional zoned land.
• Remove the density requirements in the RMF (Residential Multi Family) zoning districts.
• On properties currently zoned for single- or two-family homes:
Page | 7
o Allow townhomes and housing structures that contain up to 4-unit buildings,
o a second detached dwelling when an existing dwelling is maintained;
o cottage developments;
o Allow twin and two-family homes in these zoning districts where they are not currently
allowed.
The proposal was initially envisioned as an overlay. However, since the incentives are different for various
zoning districts, the proposal was changed to a specific section of the zoning ordinance, 21A.52 Zoning
Incentives. The Affordable Housing Incentives is proposed to be the first section of this new chapter of the
zoning ordinance.
The Planning Commission held public hearings and forwarded a positive recommendation to the City
Council. Additionally, the Planning Commission added a condition that if adopted by the City Council, the
incentives plan should be analyzed 24 months after approval, to include a report of the cost and benefits of
the changes.
Staff note on public notice/engagement: Because of the City-wide breadth and potential impact of
this topic, along with the context of the City-wide anti-gentrification study, the Council authorized the
mailing of a postcard City-wide, to all residents and property owners, with direction to go to the
Council’s main website on the affordable housing topic, that includes information on these issues and
others, at tinyurl.com/SLCHousingProposals
POLICY QUESTIONS
•Reporting and Enforcement Related Questions
o Reporting Requirements – annual reporting and auditing will be a key component of the
plan to ensure property owners and builders who use the incentives keep the units at
affordable levels.
▪Will the proposed fine structure be enough to ensure compliance by property
owners?
▪The Council could consider requiring a biannual report on the affordability
compliance of the program.
o Option for the City to contract with another entity to administer the program
▪Would the third party be responsible for enforcement?
▪What type of entity might be interested in administering the program?
o Will properties that are part of the program be required to get a business license and
participate in the Good Landlord Program?
o Is there a plan in place to link up the affordable housing with income-restricted individuals,
or would the City service as a central resource to connect individuals with housing?
•Staffing/Guidelines Questions
o The Planning Commission staff report noted additional staff will be needed to administer
the program. The Council may wish to ask the Administration when and how they will
propose funding this additional staffing, how many FTEs would be needed, and the
anticipated timeline to onboard and train those FTEs?
o Because this ordinance would go into effect prior to the next budget amendment, is existing
staff sufficient to accept any applications that may come in prior to the next budget and
ensure compliance with design and affordability objectives?
o Is there a possibility this ordinance will go into effect before design guidelines are
developed/approved? Would funding be needed to develop those design guidelines? Will
the development of the design guidelines be an administrative process, or will they be
approved by the Planning Commission?
Page | 8
o Does the Administration plan to promote this program to the general public to notify them
of the program and potential benefits?
o How long might it take for the City to get the necessary affordability and design review
structures in place?
•Thriving in Place Plan Objectives and Community feedback
o The Council may wish to discuss with the Administration whether there are alternative
ways to achieve the goals of this proposal (see page 5).
o Given the significant community feedback received to date, the Council may wish to discuss
concerns that have been noted by some neighborhoods about the potential for these
incentives to result in the demolition of existing housing stock, including existing naturally
occurring affordable housing.
o The purpose statement of the affordable housing incentives notes design is key to the
success of the proposal: Housing constructed using the incentives is intended to be
compatible in form with the neighborhood and provide for safe and comfortable places to
live and play. Does the Council wish to ask the administration to discuss how design
guidelines will be able to help implement this vision?
o Based on concerns expressed by some residents, the Council may wish to discuss the
benefit of additional housing units with the potential for additional traffic in areas where
transit is not readily available.
o Based on recent discussion about the lack of family-sized housing with much of the new
construction in the city, the Council may wish to discuss if this incentive program has ways
to provide more family- sized affordable housing.
SUMMARY OF INCENTIVES
Pages 3-6 of the Planning Commission staff report outline key changes of the proposed amendment. The
list below, from Attachment B Summary of Incentives, is a high-level summary of the key changes, based
on the type of zoning district.
•Multi-family and Mixed-Use Zoning Districts
o Permit additional height, between 1-3 stories (approximately 10’ per story), depending on
the zone in various zoning districts that currently permit multifamily housing.
•Residential Multifamily Zoning Districts
o Remove the density requirements in the RMF zoning districts,
o No additional height permitted.
o Only 25% of the units could be 500 square feet or smaller.
o Add development and design standards for rowhouses, sideways rowhouses, cottages, and
other building forms.
•Single- and Two-family Zoning Districts
o Allow additional building types in single- and two-family zoning districts, provided 1-2 of
the units would be affordable.
o Allow townhouses in groups of up to four, 3–4-unit buildings, and cottage developments on
parcels that are currently zoned for single- or two-family homes.
o Twin and two-family homes would be permitted in the zoning districts where they are not
currently allowed.
o Add development and design standards for these dwellings.
Page | 9
•Other Incentives
o Waive the Planned Development process for some proposals
o Allow single-family and single-family attached housing on Institutional zoned land. Future
zoning amendments may be considered to allow multifamily housing.
o Allow additional housing types in the CG (General Commercial), CC (Community
Commercial), and CB (Community Business) zoning districts to encourage the
redevelopment of underutilized commercial land. These districts currently permit
multifamily housing, but not single-family dwellings, including single-family attached
units, or cottages.
•Affordability requirements - Planning staff worked with developers to come up with a model that
would provide sufficient return on development to incentivize the development of affordable units
in various projects. Table 21A.52.050.G of the ordinance outlines the recommendation based on
that analysis. Attachment G of the Planning Commission staff report includes a summary of the
proforma and scenario analyses.
See the table on the next page.
Table 21A.52.050.G
Incentive Type
Types Incentives
Type A. Applicable to the single- and
two-family zoning districts: FR-1,
FR-2, FR-3, R-1/12,000, R-1/7,000,
R-1/5,000, R-2, SR-1, SR-1A, and
SR-3.
Dwelling units shall meet the requirements for an
affordable rental or homeownership unit affordable to
those with incomes at or below 80% AMI.
New construction: At least 50% of the provided
dwelling units shall be affordable.
Existing building maintained: A minimum of one of the
dwelling units shall be affordable provided the existing
building is maintained as required in
21A.52.050.H.1.c.
Type B. Applicable to residential
multifamily zoning districts: RMF-
30, RMF-35, RMF-45, and RMF-75
An affordable rental unit shall meet a minimum of at
least one of the following affordability criteria:
1. 40% of units shall be affordable to those with
incomes at or below 60% AMI;
2. 20% of units shall be affordable to those with
incomes at or below 50% AMI; or
3. 40% of units shall be affordable to those with
incomes averaging no more than 60% AMI
and these units shall not be occupied by those
with an income greater than 80% AMI.
For sale owner occupied units: An affordable
homeownership unit shall provide a minimum of 50%
of units affordable to those with incomes at or below
80% AMI
Type C. Applicable to zoning
districts not otherwise specified.
Affordable rental or homeownership units shall meet
a minimum of at least one of the affordability criteria
identified. Any fractional number of units required
shall be rounded up to the nearest whole number.
7. 20% of units are restricted as affordable to those
with an income at or below 80% AMI;
8. 10% of units are restricted as affordable to those
with an income at or below 60% AMI;
Page | 10
9. 10% of units are restricted as affordable to those
with an average income at or below 60% AMI
and these units shall not be occupied by those
with an income greater than 80% AMI;
10. 5% of units are restricted as affordable to those
with an income at or below 30% AMI;
11. 10% of units are restricted as affordable to those
with an income at or below 80% AMI when the
affordable units have two or more bedrooms;
12. 5% of units are restricted as affordable to those
with an income at or below 60% AMI when the
affordable units have two or more bedrooms; or
13. 5% of the units are restricted as affordable to
those with an income at or below 80% AMI when
the affordable units have three or more
bedrooms.
COMMUNITY OUTREACH
Pages 2-3 of the transmittal summarize outreach efforts Planning conducted to get feedback from the
community on the proposed change.
Outreach efforts included: online surveys, developer discussion, recognized community organization
outreach, and open houses, both in person and online. The Historic Landmark Commission and Planning
Commission both reviewed the proposed changes. The Planning Commission held public hearings in May
2022 and March 2023.
Additionally, in the fall and winter of 2022/2023 the Mayor convened a focus group that included 15-20
members of the community, including neighborhood leaders, developers, policy advisors, and housing
advocates. The group reviewed and discussed topics with the most community concerns over four meetings
in the fall and winter of 2022.
Based on the focus group’s recommendations, changes were made to the final draft. Their recommended
changes to the proposal are detailed in the Planning staff’s report and highlighted on pages 7-9 of
Attachment A – Updated Affordable Housing Incentives March 2023 to this memo.
As noted above, the Council also authorized a City-wide postcard to notify residents and property owners
about this proposal as well as the City-wide anti-gentrification plan.
KEY ELEMENTS OF THE PROPOSAL
The Affordable Housing Incentives amendments are intended to encourage the development, construction,
and preservation of housing in the city through a variety of methods, including allowing for additional
height, reducing parking requirements, allowing additional housing types, and providing planning process
waivers or modifications.
Purpose
The purpose statement of the Affordable Housing Incentives section reads as follows:
Page | 11
To encourage the development of affordable housing. The provisions within this section facilitate
the construction of affordable housing by allowing more inclusive development than would
otherwise be permitted in the base zoning districts. Housing constructed using the incentives is
intended to be compatible in form with the neighborhood and provide for safe and comfortable
places to live and play.
There are two primary goals of the Affordable Housing Incentives:
1. Help public and private dollars that go into building affordable housing create more housing units.
2. Create additional opportunities for property owners to provide new, affordable housing units.
(April 26, 2023, Planning Commission Staff Report, Page 2)
Affordable Housing Definition
The draft ordinance provides the following definition for affordable housing:
Shall be both income and, as applicable, rent restricted. The affordable units shall be made available
only to individuals and households that are qualifying occupants at or below the applicable
percentage of the area median income for the Salt Lake City Utah, U.S. Department of Housing and
Urban Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as
periodically determined by HUD and adjusted for household size) and published by the Utah Housing
Corporation, or its successor. Affordable housing units must accommodate (30% of gross income for
housing costs, including utilities) at least one of the following categories:
a.Extremely Low-Income Affordable Units: Housing units accommodating up to 30% AMI;
b.Very Low-Income Affordable Units: Housing units accommodating up to greater than 30% and
up to 50% AMI; or
c.Low-Income Affordable Units: Housing units accommodating greater than 50% and up to 80%
AMI
Preservation of Existing Housing
The Affordable Housing Incentives adds provisions to encourage preservation of existing housing. This
includes allowing a second, detached dwelling on a property when the existing dwelling is maintained.
Key Concepts Discussed with the Planning Commission
Pages 2-3 of the transmittal letter outline the key considerations of the draft amendments discussed with
the Planning Commission. A short summary is provided below. See pages 7-14 for full analysis.
1.Implementation of city goals and policies identified in adopted plans
a. Planning staff found the proposed amendments are consistent with principles and polices
of Plan Salt Lake and Growing SLC
2.Affordability level and percentage of units
a. See chart on page 3 above.
3.Neighborhood Impacts
The focus group discussed several mitigation options based on comments from the Planning
Commission and the public and came to a consensus on the following recommendations:
•The removal of the proximity to transit and adjacency to arterial roads requirement for
additional housing types in the single- and two-family zoning districts.
•Emphasis on the preservation of existing housing
•Additional design standards for new housing types in single- and two-family zoning
districts
Page | 12
4.Administration and Enforcement
a. Administrative staff anticipates additional staff will be needed to administer the program
based on the number of projects that use the affordable housing incentive program.
b. Language is included in the draft ordinance that would enable the City to contract with a
third party for administration on the incentives.
c. Language on reporting, compliance, and enforcement are included in the ordinance. The
properties using the AHI would be required to submit an annual report, and a restrictive
covenant would be placed on the property.
5.Infrastructure impacts
a. If a water, sewer, or storm drain line does not have adequate capacity for new housing
units, a developer is required to increase the capacity. This is handled during the building
permit process.
b. Planning staff also worked with Public Utilities to determine the impact this proposal may
have on water supply and demand in the city. Public Utilities provided scenarios for
different types of potential development that would result from the proposed changes.
i. Average usage for single-family residential dwellings is between 12,000-15,000
gallons per month.
1. Much of this is for outdoor watering and in the winter water usage is
approximately 6,500-7,000 gallons per month.
ii. A sampling of high-rise and wood frame construction with a total of about 725 units
averaged water usage of approximately 2,000 gallons per month, per unit.
iii. Two fourplexes and a cottage court (10 units) averaged approximately 3,000 gallons
per month, per unit.
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
Incentives
1. How can this make homeownership more available? How could the incentive structure be
adjusted to encourage more of the units to be for sale/homeownership/equity building
opportunities.
If there is a desire to produce more units for homeownership through these zoning
changes, the amount of the incentive would need to be increased. This could be done
by increasing the number of dwellings permitted, relaxing the level of affordability, or
a combination of the two options. As requested in the October 3rd work session,
amendments to the draft ordinance will reduce the required percentage of affordable
units for the single- and two-family zoning districts, see below for details.
2. Do the incentives do enough to preserve naturally occurring affordable housing (NOAH), or
will that type of existing housing be torn down and replaced with higher rental units?
The single- and two-family zoning districts incentive to preserve an existing dwelling
and require one of the units rather than 50% of the units to be affordable will help to
preserve existing housing that may be more affordable. The incentives may result in
the demolition of existing housing units, but new units will be constructed in their
place, and, with the incentives, will include some affordable units, which is not an
existing requirement.
If a property owner already has a naturally occurring affordable unit, then the
incentives could be more valuable to create 3 market rate units. NOAH can be
susceptible to rent increases to compete with new housing, which will happen as long
as demand for housing is high. Units may also be remodeled and rent increased. This
may result in existing tenants no longer being able to afford their unit and needing to
relocate.
3. Can the incentives be modified to reduce the required percentage of affordable units in for
sale housing to 10% of units at 80% AMI and 5% of units at 60% AMI?
Yes, see proposed language below. Please clarify if homeownership should be
removed from the other options in Type C.
Affordable homeownership units shall meet a minimum of at least one of the
affordability criteria identified. Any fractional number of units required shall be
rounded up to the nearest whole number.
1. 10% of units are restricted as affordable to those with an income at or below
80% AMI; or
2. 5% of units are restricted as affordable to those with an income at or below
60% AMI.
Affordable rental or homeownership units shall meet a minimum of at least one of
the affordability criteria identified. Any fractional number of units required shall be
rounded up to the nearest whole number.
1. 20% of units are restricted as affordable to those with an income at or below
80% AMI;
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
2. 10% of units are restricted as affordable to those with an income at or below
60% AMI;
3. 10% of units are restricted as affordable to those with an average income at or
below 60% AMI and these units shall not be occupied by those with an
income greater than 80% AMI;
4. 5% of units are restricted as affordable to those with an income at or below
30% AMI;
5. 10% of units are restricted as affordable to those with an income at or below
80% AMI when the affordable units have two or more bedrooms;
6. 5% of units are restricted as affordable to those with an income at or below
60% AMI when the affordable units have two or more bedrooms; or
7. 5% of the units are restricted as affordable to those with an income at or
below 80% AMI when the affordable units have three or more bedrooms.
4. Can the height of the additional stories be limited to 12’ rather than the average height of the
other stories?
Yes, this modification can be made.
5. Could the Council increase the number of ‘for sale’ units by increasing the single-family zone
from 80% AMI to 100% AMI?
Yes, this could be changed. Using the same pro forma from 2022 – construction
costs have not changed significantly – this could increase the number of for sale
units since the purchase price could increase. However, over the past year
interest rates have increased and this impacts affordability – right now interest
rates are roughly 8%, and the pro forma from last fall assumed a 5% interest rate.
Below are rough estimates of the sales price affordable to households at 80% and
100% AMI at 3%, 5%, and 8% interest rates.1
Max. Sales Price
Interest rate 80% AMI 100% AMI
3%$420,000 $530,000
5%$350,000 $430,000
8%$275,000 $335,000
It is difficult to predict future interest rates and the recent volatility in interest
rates further underscores that these are rough calculations. For evaluating the
feasibility of the incentives, staff updated the pro forma from 2022 with 2023
AMI numbers and a 6% interest rate. This resulted in an increase for the
potential maximum for sale price for a 3-bedroom duplex or townhouse from
approximately $350,000 at 80% AMI to $400,000 at 100% AMI (4-person
household). The potential maximum for sale price for a 2-bedroom unit in a
1 Based on proposed 21A.52.050.F.2.b.2, assumes a 4-person household, 100% AMI income of $106,000,
80% AMI income of $84,800, payment not more than 30% of income, 7% downpayment, property taxes
based on the value of the home, and homeowners’ insurance costs. Does not include HOA or parking
fees.)
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
fourplex increased from approximately $325,000 at 80% AMI to $370,000 at
100% AMI (3-person household). See the attached.
However, with the increase, in both the higher and lower value neighborhoods
the fourplex is the only type that comes close to penciling for a developer.
Developers are less likely to lose money on other housing types, however, there is
unlikely sufficient profit, and a developer would still lose money constructing
duplex in a higher value neighborhood. Additionally, the land values in the pro
forma are for vacant land. Redevelopment of a property with an existing dwelling
would likely have higher costs.
6. Could the council consider only requiring one unit to be affordable? And only allowing
duplexes and triplexes in Single Family zones while not allowing 4-plexes?
The incentive to preserve existing housing by maintaining an existing dwelling
requires one unit to be affordable. Lowering the requirement to one overall
would negate this incentive.
The proposal could be modified to allow for duplexes and triplexes, but not
fourplexes. However, the pro forma, even with an increase in the potential AMI
from 80% to 100%, does not pencil for a developer to build a duplex. Staff did
not include a triplex in the pro forma since the initial proposal required 50% of
the units to be affordable and would require two of the three triplex units to be
affordable. This may differ with the additional incentive to preserve existing
housing since it only requires one of the units to be affordable.
Fees
7.Impact Fees – would impact fees be waived for affordable units that are constructed are part
of this program? Is it worth updating the City’s impact fee plan to address the potential
growth in new areas that could come as a result of these incentives?
The impact fees for the affordable units could be waived using the city’s existing
impact fee waiver requirements. The Council could consider modifying or expanding
these. The impact fee waivers are in Chapter 18.98 of the City Code.
The current impact fee waiver regulations are as follows:
1. A one hundred percent (100%) exemption shall be granted for rental housing for
which the annualized rent per dwelling unit does not exceed thirty percent (30%) of
the annual income of a family whose annual income equals sixty percent (60%) of the
median income for Salt Lake City, as determined by HUD;
2. A one hundred percent (100%) exemption shall be granted for nonrental housing
for which the annualized mortgage payment does not exceed thirty percent (30%) of
the annual income of a family whose annual income equals eighty percent (80%) of
the median income for Salt Lake City, as determined by HUD;
3. A seventy five percent (75%) exemption shall be granted for nonrental housing for
which the annualized mortgage payment does not exceed thirty percent (30%) of the
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
annual income of a family whose annual income equals ninety percent (90%) of the
median income for Salt Lake City, as determined by HUD; and
4. A fifty percent (50%) exemption shall be granted for nonrental housing for which
the annualized mortgage payment does not exceed thirty percent (30%) of the annual
income of a family whose annual income equals one hundred percent (100%) of the
median income for Salt Lake City, as determined by HUD.
These fee waivers provide a greater benefit for very low income rental units and a
benefit for nonrental/ownership units that extends up to 100% AMI.
8. Would the Administration support including a fee for the program that will help cover the
costs of administering/enforcing the program long term?
Administration may support a fee for the program consistent with recommendations from a
study completed by Finance.
Staffing
9. Staffing concerns:
o Lots of time/resources to get the program working, concerned about impact on
existing staff workload to get this going. Are there any workload shifts that will need
to occur to accommodate this program as it gets off the ground?
o What staffing levels will be needed for effective administration, enforcement and
monitoring of the program long term? Particularly for projects that are not otherwise
using LIHTC or self-reporting in other ways, or for smaller/less experienced
developers.
The short-term impacts of adopting the incentives are likely to have a limited impact on
workload. Affordable Housing Incentives (AHI) projects will likely be reviewed
administratively rather than requiring Planning Commission review, which is likely to
decrease the staff time required for these projects and allow for this staff time to be spent
on any new proposals.
Long-term impacts and staffing levels are dependent on the number of projects using the
incentives. It is expected that the majority of the units will use LIHTC or other funding
with monitoring requirements. CAN staff is requesting an additional 2 FTEs for the
2024-2025 budget and funding of these positions is anticipated to provide the necessary
capacity for administration, enforcement, and monitoring of the incentives.
10. Once adopted, could the effective date be postponed giving staff time to get the
administrative software ready? How long would staff need? 3-6 months?
Staff anticipates making modifications to the city’s permitting platform to allow for
review of AHI projects. Staff anticipates that 3 months will be sufficient but is waiting to
hear back from IMS for more detailed information given a proposed platform update
scheduled for the end of October. This update may not allow any changes to the platform
for some time after it goes live to ensure IMS staff can work on any bugs or issues with
the updated platform.
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
Compliance
11. How will staff handle all reports coming in at the same time within 30 days, and be able to
ensure reports are complete, and respond to noncompliant properties?
The April 30th date was selected to align with LIHTC reporting requirements. The 30
days could be increased. This could be evaluated when the ordinance is reviewed in 2-5
years. If this issue arises, it will occur in 3-5 years once there is a critical mass of projects
that utilize the incentives.
12. What happens if someone qualifies (for a rental or for sale) at 80% AMI and then their
income grows beyond 80%? Do they have to sell/move?
For renters, this will be addressed in the restrictive covenant and administrative
regulations. The tenant would be required to follow any LIHTC or other program
requirements. If not subject to another program, the city would require the property
owner to complete the annual report and income verification, but the tenant would
not be required to move.
There are other options, including the LIHTC policy, but staff’s current
recommendation is for the policy outlined above. This allows for greater stability for
property owners and renters. This is likely to apply when there are a small number of
affordable units in a development, and if changes are desired, this is a policy that
could be addressed in 2-5 years when the ordinance is reviewed.
For owners, their income and assets would be reviewed as part of the purchase, but
would not be monitored after they own the home. The specific parameters would be
identified in the restrictive covenant and administrative regulations.
13. What does a "complete report" look like? Who and how do we determine if a property
owner's report is complete?
A complete report would include all the necessary information required as part of
21A.52.050.D.1 and any other information required per the restrictive covenant or
administrative regulations.
14. Can requirements outlined in the good landlord program can be included as a requirement as
part of participation?
The City Attorney’s Office provided the following response:
City Code 5.15.010 characterizes the good landlord program as a “Voluntary Incentive
Program” and describes a system where owners/landlords voluntarily assume the
burdens and obligations of the program in order to receive a discount on their
disproportionate use fees. Our understanding of City Code and State law related to
the good landlord program is that it is meant to be voluntary and a requirement to
participate tied to the Affordable Housing Incentives might not meet the intent of
Utah law.
In addition, situations do arise when owners/landlords are kicked out of the Good
Landlord Program. If participation in the Good Landlord Program is required to
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
obtain the Affordable Housing Incentives (most of which appear to be rather
permanent benefits like additional floors or additional units), we are concerned that
there is not an effective remedy for the City against the landlord who is kicked out of
the Good Landlord program.
We think a majority of the requirements for participation in the Good Landlord
Program could be included as part of application to the Affordable Housing
Incentives Program. We would still need to work through the question of what the
appropriate remedy would be in situations whether the landlords/owners
participating in the Affordable Housing Incentives Program fail to meet their
obligations under the requirements related to the Good Landlord Program.
15. What if a property owner has multiple violations of either building permits or this proposed
ordinance?
•What are the tenant rights during the time it takes to bring a unit into compliance?
Do they get refunds if being charged too much?
•What if their income is over the limit? Are they forced out?
Building permits violations would be reviewed under a HAZ enforcement case.
Violations under this ordinance would be subject to 21A.52.050.E. Tenants’ rights
would not change from current regulations. The restrictive covenant/administrative
regulations would address any compensation to tenants if they were charged a higher
rate and qualified for a lower rate. Per D, if property owners are non-compliant, fines
could be assessed. If there is not compliance after 90 days or when the fines reach
$5,000 a lien may be placed on the property. The city may also revoke the business
license associated with the property.
See above. City regulated units would not force out tenants.
16. Licensing Requirements for Apartments with Three or Fewer Units
•Can the administration confirm whether apartment complexes with three or fewer
units are handled differently in the State Code than other apartment configurations.
Yes, the City is allowed to inspect apartment complexes with three or fewer units, under
City Code 5.14.
Specifically, the City does not inspect rental dwellings with only one or two units unless
the inspection is triggered by cause or complaint. City Code 5.14.085(A))
The City will conduct scheduled inspections of rental dwellings with three or more
dwelling units not more than once every four years. City Code 5.14.085(B)(1))
The City may inspect rental dwellings with any number units if the inspection is triggered
by cause or complaint. (City Code 5.14.085(C)) (see also Utah Code 10-8-85.5 for specific
grants of authority to inspect rental dwellings).
17. How do we know if a unit is sold?
A notice of sale to the city is required. The restrictive covenant will include language
giving the city first right of refusal in future sales.
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
Neighborhood Impact
18. In 10/20 years, what would look different in district 3? Some general examples based on
zoning district/typical lot size/configuration could be useful to help the community
understand the changes.
Small changes are expected in District 3. Changes are most likely to the west and
southwest of the district in areas that are outside of local historic districts.
More broadly, it is likely that most of the units constructed using the incentives will
be in areas that are already seeing development. This includes the TSA (Transit
Station Area), CG (General Commercial), CC (Community Commercial) and
Downtown zoning districts. The RMF (Residential Multi-family) zoning districts will
see some redevelopment, likely limited, but also likely to have a limited effect on the
character of these neighborhoods and loss of existing NOAH. Development in single-
and two-family zoning districts is most likely on larger parcels where subdivision is
not practical or where there are other constraints.
19. Based on a reference in the staff report - how will this make the administration of an historic
district easier?
This doesn’t make the administration of historic district overlay any easier or harder.
The same historic regulations would apply to properties that used the incentives as
others in the district. Historic review would be required for new construction,
additions, and other exterior modifications.
The proposal does make the process for design review easier because it eliminates the
need for a public hearing and decision from the Planning Commission. Projects
needing design review would still be required to comply with all applicable design
standards and the standards for design review, but those reviews and approvals
would be done at the staff level. It is a simpler process because it does not require
producing a staff report and other materials necessary for a public process and public
hearing.
20. Could the city make an owner-occupied requirement for buildings with two or more units in
single family zoned properties?
The incentives are unlikely to be used if there is an owner occupancy requirement
since there is also a restrictive covenant for affordability. The combination of the
requirements would likely significantly reduce interest from property owners.
21. Some find it contradictory to preserve the existing character of the neighborhoods zoned
single family while allowing buildings up to 4 units (4-plexes). Could the administration
provide more information on how 4-plexes can be built while preserving the character of a
neighborhood with single family homes?
Historically, and currently in areas where they are permitted, fourplexes can be
compatible with neighborhoods that have single-family homes. Character often
comes from the building form, setbacks, and architectural details. In the single- and
two-family zoning districts, the building envelope does not increase, so a new
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
building – regardless of the number of units – couldn’t be larger than a single-family
home constructed on the property. Newly constructed buildings, whether a single-
family home or a fourplex, may have different architectural characteristics from those
initially constructed. The incentives include design standards, for entries, glass, and
building materials to provide a base of traditional features for buildings, while also
allowing the property owner latitude in design choices. Many of the city’s historic
neighborhoods have a variety of building types ranging from single-family homes to
apartment buildings and have character that’s been deemed worthy of preservation.
22. In the multi-family districts, when additional heights are allowed, should additional
setbacks/step backs be required to mitigate the impact on adjacent properties?
Additional height is generally limited to a single story in zoning districts that abut
others that allow for lower heights. Several of the city’s zoning districts have an
existing requirement for stepbacks. Staff has not proposed an additional stepback for
one story due to the limited impact of this additional height and the increased costs
that stepbacks can impose on developments.
23. If adopted what would look different in District 6?
District 6 may see some redevelopment of CB (Community Business), CN
(Neighborhood Commercial) or other commercially zoned properties. The incentives
would allow for an extra story on these properties.
The incentives allow for row houses, sideways row houses, and cottage developments
in the I (Institutional) zoning district. There may be redevelopment and construction
of these housing types on underutilized properties or when institutional land uses
change.
Larger lots in zoning districts with smaller lot minimums, such as a 16,000 sq. ft. lot
in the R-1/7,000 zoning district may see redevelopment. This could include using
the incentive to preserve the existing house and adding additional, new housing
unit(s) or using the incentives to construct all new units. Property owners may also
build an addition or otherwise remodel their existing house to add additional unit(s).
Additional development would be possible on smaller lots. This would be a decision
of the property owner. See #6 below for a discussion on the amount of this type of
development in other cities following zoning changes that allowed for additional
density in previously single-family zoning districts.
24. Could the city still see an increase in housing choices if single family zones are limited to
duplexes or twin homes for sale and the affordability is increased from 80% AMI to 100%
AMI?
See item 6 above.
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
25. Planning staff has noted ‘development in single and two family zoning districts is most likely
in large parcels where subdivision is not practical…’ Does this mean the large R-1/12,000 lots
would see more 3-4 plexes?
No, this is similar to 2.a. above where development is more likely on larger lots, like a
16,000 sq. ft. lot in the R-1/7,000 zoning district or a 13,000 sq. ft. lot in the R-
1/5,000 zoning district. These lots may be more than twice the minimum size, but
deep and not wide enough to meet the minimum lot width without a planned
development. Staff previously stated that “subdivision is not practical” due to the
process and requirements for development of an additional house under the existing
zoning without using the incentives. The incentives allow for multiple buildings on a
single parcel and do not require a minimum lot width, so Planned Development
would not be required. The restrictive covenant would still apply.
26. Could the administration give some background on the issue of density vs affordability.
The premise of the affordable housing incentives is that incentives could help increase
the supply of affordable housing, create more buildings where the tenants have a mix of
incomes, and allow for more density in developments that include affordable housing so
that taxpayer dollars can either create more affordable dwellings or lower the level of
affordability by allowing more market-rate housing that can offset the lower rents and
make affordable housing more feasible. The Council has heard presentations regarding
the need for additional affordable housing units in the city and that the city can help
meet this need by using incentives that allow for additional height, allowing additional
units, and decreasing the timeline for reviewing projects.
The City Council recently adopted the Thriving in Place plan. It has six Guiding
Principles, the third is to, “Increase Housing Everywhere: Create more housing overall,
and more affordable housing specifically, while minimizing displacement and countering
historic patterns of segregation,” and one of the steps is to adopt the Affordable Housing
Incentives.
27. Utah Housing coalition 2020 report on affordable housing mentions two plans outside of
Utah. The first was a 2019 Oregon upzoning law legalizing duplexes, 3-4plexes, attached
town homes in single family zones. What has been the experience or outcome in terms of
homeownership and affordability? The second was the Minneapolis 2040 plan on zoning
and affordability.
Staff contacted planning staff in Portland, Oregon and Minneapolis, Minnesota earlier
this year. Staff specifically asked them about the impact of the proposals in lower density
residential zoning districts. A summary of the effects in Portland and Minneapolis from
staff’s March 2023 memo to the Planning Commission are below. The information
provided is on the total number of units, not the affordability or ownership status. Staff
notes that the changes are relatively recent. Additionally, the population of Minneapolis
is roughly twice that of Salt Lake City and the population of Portland is roughly three
times that of Salt Lake City.
The City of Portland’s Residential Infill Project was adopted in 2021 and a Part 2
adopted in 2022. The second part of the amendments fully implemented the state
requirements that Oregon imposed on all cities over a certain size. Primarily, it allows
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
for multiple ADUs beyond what is otherwise permitted, duplexes, triplexes, and
fourplexes. There are some incentives for affordable housing. The first allows for an
increase of 0.1 FAR (Floor Area Ratio) when one of the units is affordable at 80% AMI or
when units are added to a lot and the existing dwelling is maintained. There is a “deeper
affordability bonus” that permits 4-6 units when 50% of the units are affordable and 60%
of median family income. Salt Lake City does not use FARs in the zoning code but uses
total building coverage instead. A key point of the changes allowed in Portland was a 0.1
increase in FAR, which would be similar to allowing around a 10% increase in building
coverage in our code. The affordable housing incentives as proposed do not include an
increase in building coverage.
The city saw 86 applications for a total of 367 units in the first year of the incentives.
Fourplexes were the most common with 53 sites and a total of 212 units. There was one
application for the “deeper affordability bonus” that was for conversion of a fourplex to a
six-plex. If Salt Lake City were to see 86 applications, it would represent about 0.2% of
the properties in the city that currently contain a single-family dwelling.
The Minneapolis 2040 plan recommended changes to the city’s zoning. In 2019, the city
adopted amendments to allow for residential buildings with up to three units in four of
its residential districts. There is not an affordability component to these regulations.
These units are permitted on a majority of properties in the city. Duplexes and triplexes
are generally required to meet the same built form regulations, including height and
FAR. The intent was to allow for more housing options and was one component of
addressing inequities in housing options. Minneapolis’s zoning regulations allow for
greater development along corridors, in downtown, and surrounding transit stations.
They have made other amendments to remove zoning barriers to developing missing
middle housing.
From 2020-2022, there were a total of 74 permits issued for duplexes. Over half were in
areas that previously permitted duplexes and over half were alterations to an existing
building. In the same time period, there were 28 permits issued for triplexes. Most of
these were in areas that previously didn’t allow triplexes and over 60% were new
construction.
Infrastructure Impacts
28. Have we calculated the potential need for infrastructure upgrades/costs, and do we expect
developers to pass that cost along to renters/homeowners? Particularly public utilities costs,
which can sometimes be very expensive upfront. Would it help for the City to think ahead
about loan programs that could help smaller homeowners/developers accommodate these
costs?
The incentives do not change the city’s requirements for developers to pay for
necessary infrastructure upgrades. The City Council could consider a loan program.
29. The impact of additional units in older neighborhoods will have an impact on traffic and may
create difficulties for emergency vehicles to navigate the streets.
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
The incentives are unlikely to have a substantial impact on traffic in neighborhoods
or create new difficulties for emergency vehicles on streets.
30. What would be the impact on staffing and development of additional housing the Council
decided to split the AHI into two pieces? First focus on all zones except the Single Family
zones and then look at the AHI in single family zones after the study of single family zones is
finished?
The Council could split the AHI into two pieces. However, the portion of it that
applies to single- and two-family zones applies across the city. Many of these
zoning districts are in higher-opportunity areas of the city and, based on the pro
forma, significant development is not likely on these parcels. The proposal as is
would allow for additional units in these neighborhoods and has the potential to
provide for a more equitable distribution of housing types across the city.
If it was split, there could be an impact on staffing. The adoption of the
incentives in zones that allow for residential development other than single-
family housing would require a similar implementation process as the current
proposal. Smaller projects would be less likely. The future adoption of it in
single-family zoning districts may create additional staffing impacts depending
on the amount of additional work required based on the intent and reasons for
splitting the proposal.
31. Planning staff noted ‘the incentives are unlikely to have substantial impact of traffic in
neighborhoods…’ Can the Council have more background on this issue?
Staff posed this question to Transportation staff. In short, they would have few, if
any, concerns about traffic, and possible mild concerns about parking depending on
the context. They reported that among housing types, single-family homes generate
the largest number of trips and that the number of trips decreases as density
increases. Additionally, travel patterns have changed from before the pandemic and
there are not the pronounced peak periods that were typical pre-pandemic.
For parking, they reported that there could be an uptick in on-street parking. This
would depend on the scale of the development or redevelopment. Generally, there
are fears about parking, a number of initial complaints, and then people adjust to the
change. An exception, which is unlikely to affect the single-family zoning districts, is
in mixed-use areas where there’s been an increase in people working from home and
an increase in people visiting businesses. In this case, due to lifestyle changes
resulting from the pandemic, there may be more demand for parking during daytime
hours than in the past and as anticipated with the development. In most cases, their
position is that car storage just isn’t the highest and best use for rights-of-way.
Planning staff’s position is that additional trips and street parking generated is an
acceptable tradeoff for providing additional housing for residents.
Attachment A - Affordable Housing Incentives Questions from CM 11.7.2023
Legislative Actions
1. The Council discussed considering a Legislative Action in conjunction with this to make
adjustments to the City's municipal code to ensure timely enforcement of building permits to
ensure property owners have the ability to protect the peaceful enjoyment of their property
during adjacent construction.
Council staff will have a motion prepared to initiate this petition.
2. The Council recently adopted a Legislative Action to study of single-family zones. Should the
response to that request be finished before adopting the AHI?
Planning staff is beginning to study this Legislative Action. Amendments as a result
of the Legislative Action could affect the Affordable Housing Incentives. It is possible
that the study may include multiple options for the council to provide direction on,
including allowing more dwelling units. If that occurs, it likely eliminates the
effectiveness of the affordable housing incentives in single-family zones. In addition,
AHI applies to all zoning districts within the city, while the study only applies to R-1
zones. Delaying AHI to wait for the study negatively impacts the effectiveness of the
incentives to work in all of the other zones. These other zones are where the
incentives are most likely to be used. Delaying AHI delays the use of affordable
housing incentives and the longer the city waits to address housing affordability, the
deeper the deficit will become and the less effective the limited tools the city has will
be at addressing the deficit.
ERIN MENDENHALL
Mayor
DEPARTMENT of COMMUNITY
and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
08/08/2023________________________
Lisa Shaffer (Aug 8, 2023 16:33 MDT)
Date Received: _________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: _0_8_/0_8_/_2_0_2 3_________
______________________________________________________________________________
TO: Salt Lake City Council DATE: August 7, 2023
Darin Mano, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: Affordable Housing Incentives
STAFF CONTACT: Sara Javoronok, AICP Senior Planner
sara.javoronok@slcgov.com, 801-535-7625
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The City Council amend the text of the zoning ordinance as
recommended by the Planning Commission.
BUDGET IMPACT: None. However, implementation of the amendments may require
additional staff and resources.
BACKGROUND/DISCUSSION: Former Mayor Jackie Biskupski initiated the text amendment
in 2019. The Affordable Housing Incentives (AHI) are proposed for the city’s zoning code to
incentivize and reduce barriers for affordable housing. The proposed amendments include the
following if requirements for affordable units are met:
• Permit administrative design review and additional building height between 1-3 stories,
depending on the zone, in various zoning districts that permit multifamily housing.
• Remove the Planned Development requirement for specific modifications and for
development in the CS zoning districts.
• Permit an additional story in the TSA Transition zoning districts and two stories in the TSA
Core zoning districts.
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
• Allow additional housing types in the CG (General Commercial), CC (Community
Commercial), and CB (Community Business) zoning districts.
• Allow housing on Institutional zoned land.
• Remove the density requirements in the RMF zoning districts.
• Allow townhouses, 3-4 unit buildings, a second detached dwelling when an existing
dwelling is maintained, and cottage developments on properties that are currently zoned
for single- or two-family homes. Permit twin and two-family homes in these zoning
districts where they are not currently allowed.
The project was initiated in 2019 to address increasing concerns regarding housing affordability
and to implement Growing SLC. Initial outreach on the proposal included an online survey in late
2019/early 2020. From the initial survey results, staff developed a draft framework for the AHI
that serves as the basis for the current proposal. Staff requested additional feedback from the
community in a survey on the draft framework. Based on this feedback, developed draft the initial
AHI text amendments. Staff presented these initial draft amendments to the community in the
spring of 2022 and to the Planning Commission and public at a hearing in May 2022.
Following the hearing, staff worked with developers and a focus group convened by the Office of
the Mayor to address and revise the draft based on the issues raised. The revisions also incorporate
changes from the now adopted RMF-30 and pending Downtown Building Heights text
amendments. Staff presented a revised draft to the Planning Commission for discussion on March
22, 2023 and March 29, 2023. The Historic Landmark Commission held a work session on April
6, 2023. The Planning Commission held a public hearing and made a recommendation to the City
Council on April 26, 2023. The Planning Commission added a condition that the incentives be
analyzed 24 months after approval with a full report of the costs and benefits of the implementation
to the Planning Commission.
PUBLIC PROCESS:
The following is a list of public meetings that have been held, and other public input
opportunities, related to the proposed project since the application was initiated:
Online Surveys and Comment Form:
• December-January 2020 – Planning staff posted an initial survey seeking feedback on
housing issues. Over 2,100 people responded.
• July 2020 – Planning staff presented a draft proposal in a Story Map and sought feedback
on the proposal. Nearly 300 people responded.
• February 2022 – Planning staff posted the draft amendments and sought feedback through
a comment form. Approximately 130 people responded.
• March 2023 – Planning staff posted an updated draft of the proposed amendments and
sought feedback through the comment form. Two people responded for a total of
approximately 175 since February 2022.
Developer Discussions: Planning staff met with several affordable housing developers in 2019 to
discuss issues and obstacles to building affordable housing in the community and how zoning may
be able to address them. Developers generally indicated that by right processes were best, there
should be parking reductions especially for lowest incomes, density limits made development
difficult in the RMF districts, additional height was needed in many zoning districts, and there was
a preference for form-based zoning districts.
Staff requested feedback from developers on the draft proposal and generally heard that the
incentives would allow them to construct more units and that the incentives in the single-family
zoning districts may encourage smaller developers to construct units.
Recognized Community Organization Notice and Meetings:
• June 25, 2020 – The 45-day required notice for recognized community organizations was
sent citywide.
o July 20, 2020 – Planning staff discussed the proposal at the Sugar House Land Use
and Zoning meeting (Zoom).
o August 6, 2020 – Planning staff discussed the proposal at the Ball Park Community
Council meeting (Zoom).
• March 3, 2022 – The 45-day required notice for recognized community organizations was
sent citywide.
o March 16, 2022 – Planning staff discussed the proposal at the East Bench
Community Council meeting (Zoom). Members expressed concerns with loss of
views, view easements, and wanted to be notified of potential projects in the
neighborhood.
o March 21, 2022 - Planning staff discussed the proposal at the Sugar House Land
Use Committee meeting (Zoom). Members expressed concerns with additional
housing types proposed, especially in the Highland Park neighborhood, lack of
parking, lack of utility capacity, loss of neighborhood character, increase in rental
housing, and desire for the proposal to be implemented as a smaller, pilot program.
o April 7, 2022 – Planning staff discussed the proposal at the Ball Park Community
Council meeting (Zoom). Community members want to see more owner-occupied
housing in the neighborhood, expressed concerns with additional height in the FB
districts, have concerns with existing parking requirements in the FB zones, and
have general parking and safety concerns.
o April 13, 2022 – Planning staff discussed the proposal at the Jordan
Meadows/Westpointe Community Council meeting (Zoom). Community members
asked questions about parking and how the increased number of students and
increased park usage would be addressed.
o April 14, 2022 – Planning staff discussed the proposal at the Yalecrest Community
Council meeting (Zoom). Community members asked questions about historic
districts and how the proposal would affect them, required parking, accessory
dwelling units, rental units, and neighborhood character.
o May 4, 2022 – Planning staff discussed the proposal at the Greater Avenues
Community Council meeting (Zoom). Community member questions included
affordability levels, the Planning Commission meeting and how to submit
comments if not able to attend, and the monitoring of the deed restricted properties.
o March 16, 2023 – Planning staff discussed the proposal at the Salt Lake City
Community Network meeting (Zoom).
Open Houses and Virtual Events:
• July 9, 2020 – Facebook Live Q&A – Planning staff hosted an AMA/Q&A discussion on
Facebook. It reached 4,365 people with 1,423 3-second video views and 52 comments.
• February 16, 2022 – Facebook Live Q&A – Planning staff hosted an AMA/Q&A
discussion on Facebook. It reached 772 people with 401 3-second video views and 71
reactions, shares, and comments.
• April 5, 2022 – Virtual Office Hours (Zoom) – Planning staff hosted an open Zoom meeting
to answer questions. There were no attendees.
• April 5, 2022 – Open House (Sugar House Fire Station #3) – Planning staff hosted an open
house to provide information and answer questions on the proposal. Seven people
attended.
• April 12, 2022 – Open House (Unity Center) – Planning staff hosted an open house to
provide information and answer questions on the proposal. Three people attended.
• April 14, 2022 – Virtual Office Hours (Zoom) – Planning staff hosted an open Zoom
meeting to answer questions. No one attended.
• April 19, 2022 – Open House (Riverside Park) – Planning staff hosted an open house to
provide information and answer questions on the proposal. No one attended.
• April 21, 2022 – Open House (Lindsey Gardens Park) – Planning staff hosted an open
house to provide information and answer questions on the proposal. One person attended.
The Glendale and Sugar House Community Councils submitted letters.
Community Notification: The City Council office sent a flyer to commercial and residential
addresses in the city and owners that live outside of Salt Lake City. It identified housing
initiatives in the city and highlighted this proposal. A total of 99,832 were sent.
Focus Group: The Office of the Mayor convened a focus group that included 15-20 members.
It was comprised of neighborhood leaders, developers, policy advisors, and housing advocates.
The group reviewed and discussed topics with the most community concerns over four meetings
in the fall and winter of 2022. They made several recommended changes to proposal detailed in
the planning staff’s report.
Planning Commission (PC) Records
a) PC Agenda of May 11, 2022 (Click to Access)
b) PC Minutes of May 11, 2022 (Click to Access)
c) Planning Commission Staff Report of May 11, 2022 (Click to Access Report)
d) PC Agenda of March 22, 2023 (Click to Access)
e) PC Minutes of March 22, 2023 (Click to Access)
f) Planning Commission Memo of March 22, 2023 (Click to Access Memo)
g) PC Agenda of March 29, 2023 (Click to Access)
h) PC Minutes of March 29, 2023 (Click to Access)
i) PC Agenda of April 26, 2023 (Click to Access)
j) PC Minutes of April 26, 2023 (Click to Access)
k) Planning Commission Staff Report of April 26, 2023 (Click to Access Report)
Attachment E
EXHIBITS:
1) Ordinance: Final and Legislative Versions
2) Project Chronology
3) Notice of City Council Public Hearing
4) Petition Initiation Request
5) Additional Department Comments
6) Public Comment Received after the Planning Commission Staff Report was Published
1. ORDINANCE
SALT LAKE CITY ORDINANCE
No. _____ of 2023
(An ordinance amending various sections of the Title 21A of the Salt Lake City Code
establishing a chapter for zoning incentives and adding affordable housing incentives)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant
to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing
incentives.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held
public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former
Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various
sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing
incentives; and
WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; and
WHEREAS, the City Council requests a report on costs and benefits of implementation
of the affordable housing incentives 24 months following adoption; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section
21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is
amended to read as follows:
1
A. If the violations are not corrected by the citation deadline, civil fines shall accrue at
twenty five dollars ($25.00) a day per violation for those properties legally used for
purposes that are solely residential uses, and one hundred dollars ($100.00) a day per
violation for those properties used for purposes that are not residential uses.
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
per day per violation. If the violation(s) include renting an affordable rental unit in excess
of the approved rental rate then an additional monthly fine shall accrue that is the
difference between the market rate of the unit and the approved rental rate that is agreed
to by the applicant at the time of approval for a project using the incentives.
SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That
Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000
Single-family Residential District) shall be and hereby is amended to read as follows:
A.Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is
to provide for single-family residential dwellings and affordable housing incentives
developments with up to four units on lots twelve thousand (12,000) square feet in size or
larger. This district is appropriate in areas of the City as identified in the applicable
community Master Plan. Uses are intended to be compatible with the existing scale and
intensity of the neighborhood. The standards for the district are intended to provide for
safe and comfortable places to live and play, promote sustainable and compatible
development patterns and to preserve the existing character of the neighborhood.
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That
Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000
Single-family Residential District) shall be and hereby is amended to read as follows:
A.Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to
provide for single-family residential dwellings and affordable housing incentives
developments with up to four units on lots not less than seven thousand (7,000) square
feet in size. This district is appropriate in areas of the City as identified in the applicable
community Master Plan. Uses are intended to be compatible with the existing scale and
intensity of the neighborhood. The standards for the district are intended to provide for
safe and comfortable places to live and play, promote sustainable and compatible
development patterns and to preserve the existing character of the neighborhood.
SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That
Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000
Single-family Residential District) shall be and hereby is amended to read as follows:
2
A.Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to
provide for single-family residential dwellings and affordable housing incentives
developments with up to four units on lots not less than five thousand (5,000) square feet
in size. This district is appropriate in areas of the City as identified in the applicable
community Master Plan. Uses are intended to be compatible with the existing scale and
intensity of the neighborhood. The standards for the district are intended to provide for
safe and comfortable places to live and play, promote sustainable and compatible
development patterns and to preserve the existing character of the neighborhood.
SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That
Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and
Two-family Residential District) shall be and hereby is amended to read as follows:
A.Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District
is to preserve the character of existing neighborhoods which exhibit a mix of
predominantly single- and two-family dwellings. Uses are intended to be compatible with
the existing scale and intensity of the neighborhood. The standards for the district are
intended to provide for safe and comfortable places to live and play and to promote
sustainable and compatible development patterns.
SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That
Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU
Residential/Mixed Use District) shall be and hereby is amended to read as follows:
F.Maximum Building Height: The maximum building height shall not exceed seventy five
feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1
and F2 of this section.
1.
2.
Maximum height for nonresidential buildings: Forty five feet (45').
Maximum floor area coverage of nonresidential uses in mixed use
buildings of residential and nonresidential uses: Three (3) floors.
SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That
Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit
Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and
all notes thereto shall remain and are not amended herein):
2.Building Height: The minimum and maximum building heights are found in table
21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The minimum
3
building height applies to all structures that are adjacent to a public or private street. The
building shall meet the minimum building height for at least fifty percent (50%) of the
width of the street facing building wall.
SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table
21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form
Based Special Purpose Corridor District) shall be and hereby is amended to read as follows:
TABLE 21A.27.040.Cꢀ
FB-SC BUILDING FORM STANDARDSꢀ
Permitted Building Forms
Multi-Family And Storefront ꢀ
H ꢀ Maximum building height ꢀMaximum building height in the FB-SC is 60 ft.
Limitation on commercial uses Commercial or nonresidential uses are limited to the
first 3 stories and a height of 45 ft. This limitation
does not apply to hotel/motel uses, which are
limited to the maximum height of 75 ft.
F Front and corner Greenway
side yard setback
Minimum of 5 ft. Maximum of 15 ft.
Neighborhood Minimum of 15 ft. Maximum of 25 ft.
Avenue
Boulevard
Minimum of 5 ft. Maximum of 10 ft.
Minimum of 15 ft. Maximum of 25 ft.
B Required built-to Minimum of 50% of any street facing facade shall
be built to the minimum setback line. At least 10%
of any street facing facade shall be built to the
maximum setback line.
S Interior side yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
minimum setback is required. See illustration
below.
R Rear yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
minimum setback is required. See illustration
below.
L Minimum lot size 4,000 sq. ft.; not to be used to calculate density.
4
W Minimum lot width 50 ft.
DU Dwelling units per building form No minimum or maximum.
Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of
lot area provided all building forms have frontage
on a street.
SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section
21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Residential Districts, in alphabetical order with other use categories in the table, which use
category shall read and appear in that table as follows:
5
Use Permitted And Conditional Uses By District
FR-1/ FR-2/ FR-3/R-1/R-1/R-1/ SR- SR- SR- R- RMF- RMF- RMF- RMF- RB R-R-R- RO
43,560 21,780 12,000 12,000 7,000 5,000 1 2 3 2 30 35 45 75 MU- MU- MU
35
P
45
PAffordable
Housing
P P P P P P P P P P P P P P P P
Incentives
Development
6
SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Commercial Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use
category shall read and appear in that table as follows:
7
Use Permitted and Conditional Uses by District
CN
P
CB
P
CS1
P
CC
P
CSHBD1 CG
P
SNB
PAffordable
Housing
P
Incentives
Development
8
SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add
the use category “Affordable Housing Incentives Development” in the Table of Permitted and
Conditional Uses for Transit Station Area Districts, in alphabetical order with other use
categories in the table, which use category shall read and appear in that table as follows:
9
Use Permitted And Conditional Uses By District
TSA-UN TSA-MUEC
Core Transition Core Transition
TSA-UC
Transition
TSA-SP
Core TransitionCore
Affordable Housing Incentives
Development
P P P P P P P P
10
SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and
Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the
table, which use category shall read and appear in that table as follows:
Use Permitted And Conditional Uses By District
D-1
P
D-2
P
D-3
P
D-4
PAffordable Housing Incentives
Development
SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for the Gateway District, which use category shall read and appear in that table as follows:
Use G-MU
Affordable Housing Incentives Development P
SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Special Purpose Districts, which use category shall read and appear in that table as follows:
11
Use Permitted and Conditional Uses by District
RP BP FP AG AG-2 AG-5 AG-20 OS NOS PL PL-2A I UI MH EI MU
Affordable
Housing
P
Incentives
Development
12
SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Form Based Districts, which use category shall read and appear in that table as follows:
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Use Permitted Uses By District
FB-UN1
P
FB-UN2 FB-UN3
P
FB-SC FB-SE
PAffordable Housing Incentives
Development
P P
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should
be codified.]
Use Permitted Uses By District
FB-UN1
P
FB-UN2
P
FB-SC
P
FB-SE
PAffordable Housing Incentives
Development
SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of
the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new
Chapter 21A.52 Zoning Incentives and shall read as follows:
21A.52.010 PURPOSE:
The purpose of this chapter is to establish zoning incentives to support achieving adopted goals
within the City’s adopted plans and policy documents.
21A.52.020 APPLICABILITY:
This chapter applies as indicated within each subsection.
21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
ZONING DISTRICTS:
13
Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
standards and requirements take precedence except as indicated in this section.
21A.52.040 APPROVAL PROCESS:
Any process required by this title shall apply to this chapter unless specifically exempt or
modified within this chapter.
A.
B.
C.
The Planned Development process in 21A.55 may be modified as indicated within
this chapter.
The Design Review process in 21A.59 may be modified as indicated within this
chapter.
Developments authorized by this chapter are exempt from 21A.10.020.B.1.
21A.52.050 AFFORDABLE HOUSING INCENTIVES:
A.Purpose: The Affordable Housing Incentives encourage the development of
affordable housing. The provisions within this section facilitate the construction of
affordable housing by allowing more inclusive development than would otherwise be
permitted in the base zoning districts. Housing constructed using the incentives is
intended to be compatible in form with the neighborhood and provide for safe and
comfortable places to live and play.
B.Applicability: The provisions in this section provide optional incentives to
development projects that include affordable housing units. Unless specifically stated
below, all other applicable provisions in the base zoning district or
overlay districts shall apply.
C.
D.
Uses: Additional housing types are allowed in zones subject to compliance with this
section.
Reporting and Auditing: Property owners who use the incentives of this chapter are
required to provide a report that demonstrates compliance with this section and any
additional approvals associated with the use of incentives. The report shall be
submitted annually by April 30th and shall be reflective of the financial status at the
end of the previous calendar year. The report shall be submitted to the Director of
Community and Neighborhoods or successor.
1. Annual Report and Auditing: Each property owner shall submit a report that
demonstrates compliance with this chapter.
a. If applicable, the property owner shall submit a copy of the annual report(s)
provided to Utah Housing Corporation, Olene Walker Housing Loan Fund,
Housing Authority of Salt Lake City, Housing Connect, or similar funding
source as determined by the Department of Community and Neighborhoods,
or successors, confirming compliance with affordable housing conditions,
including tenant income and rent rates.
b. If an annual report is not submitted as required in 21A.52.050.D.1.a above,
the property owner shall provide a report that includes, but is not limited to
the following:
(1) The property location, tax ID number, and legal description.
(2) Property owner name, mailing address, and email address.
(3) Information on the dwelling units and tenants of the property receiving
the incentives that includes:
14
(A) The total number of dwelling units
(B) The number of bedrooms of each dwelling unit
(C) The rental rate of each dwelling unit
(D)Identify the dwelling units that comply with the level of
affordability identified in the approval to use the incentives and
a statement that the dwelling units are in compliance with the
approval requirements.
(E) Identify any change in occupancy to the units that are required
to be affordable under this section, including a change in the
number of people residing in each unit and any change in
tenant. Personal data is not required to be submitted.
(F) Confirm that income verification for all tenants was performed
on an annual basis.
(G)Identify any differences in rent between the agreed upon rental
rate in the approval to use the incentives and the actual rent
received for the identified affordable dwelling units.
(H)Identify any instance where an affordable dwelling unit was no
longer rented at the agreed upon level of affordability, the
length of time the dwelling unit was not in compliance with the
agreed upon level of affordability, and any remedy that was
taken to address the noncompliance.
2. Review of Annual Report: The Director of Community and Neighborhoods shall
review the report to determine if the report is complete.
3. Within 30 days of receipt of a complete report, the Director of Community and
Neighborhoods shall provide the property owner with written notice that:
a. Identifies whether the property is in compliance.
b. Identify any deficiency in the information provided by the owner.
c. Assesses any penalty that is due as a result of an identified noncompliance.
4. After receipt of the notice from the Director of Community and Neighborhoods that
indicates noncompliance, the property owner shall:
a. Cure the identified noncompliance within 30 days of such notice and
concurrently submit an updated report of then-current operations of the
property that demonstrates compliance; or
(1) Property owners can request an extension in writing prior to the
expiration of the 30-day cure period identified above. The request shall
include an explanation of the efforts to correct the non-compliance and
the reason the extension is needed. The Director of Community and
Neighborhoods will review and determine if the timeframe and
extension are appropriate and whether or not fines shall be stayed
during any approved extension. Upon expiration of the extension
granted by the Director the property owner shall submit an updated
report of then-current operations of the property that demonstrates
compliance.
b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any
noncompliance within 14 days of achieving compliance. Any fine or fee shall
15
be assessed from the first identified date that the property is not in
compliance.
5. The city may contract with another entity for review of the requirements in this
section.
6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20,
except as set forth below in 21A.52.050.E.
E.Enforcement: Violations of this Chapter, or the restrictive covenant on the property
as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to
21A.20. The city shall have the additional remedies for violations as set forth below.
1. Lien on Property. If the property owner fails to make payment of the outstanding
fines, then after 90 days or when fines reach $5,000, the division will issue a
statement of outstanding fines. If the property owner fails to make payment within
14 days, then the division may certify the fines set forth in the statement to the Salt
Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount
entered shall have the force and effect of a valid judgment of the district court, is a
lien on the property, and shall be collected by the treasurer of the county in which
the property is located at the time of the payment of general taxes. Upon payment
of the amount set forth in the statement, the judgment is satisfied, the lien is
released from the property, and receipt shall be acknowledged upon the general tax
receipt issued by the treasurer.
2. Revocation of Business License. Upon a determination of the division that the
property is in violation of this Chapter the city may suspend or revoke the business
license associated with the property. Any suspension or revocation of a license
shall not be imposed until a hearing is first held before the Director of Community
and Neighborhoods or his/her successor. The licensee shall be given at least 14
days’ notice of the time and place of the hearing, together with the nature of the
charges against the licensee. The licensee may appear in person or through an
officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to
confront and cross-examine witnesses. The Director of Community and
Neighborhoods shall make a decision based upon the evidence introduced at the
hearing and issue a written decision. The licensee may appeal to an appeals
hearing officer and thereafter to district court pursuant to 21A.16. If the license is
revoked or suspended it shall thereafter be unlawful for any person to engage in or
use, or permit to be used any property for any business with respect to which the
license has been suspended or revoked until a license shall be granted upon appeal
or due to the property’s compliance with this Chapter. No person whose license
has been revoked, and no person associated or connected with such person in the
conduct of such business, shall be granted a license for the same purpose for a
period of six months after the revocation has occurred. The Director may, for good
cause, waive the prohibition against persons formerly associated or connected with
an individual who has had a license revoked.
F.Eligibility Standards: Developments shall meet the criteria below to be eligible for
the authorized incentives:
16
1.Restrictive Covenant Required:
a.Any owner who uses the incentives of this chapter shall enter into a
legally binding restrictive covenant, the form of which shall be
approved by the city attorney. Prior to the issuance of a building
permit for construction of a building using the incentives, the
restrictive covenant shall be filed with the Salt Lake County Recorder.
The agreement shall provide for the following, without limitation:
acknowledge the use of the incentives, the nature of the approval and
any conditions thereof, the affordability requirements, the terms of
compliance with all applicable regulations, shall guarantee compliance
for a term of 30 years, and the potential enforcement actions for any
violation of the agreement. The agreement shall be recorded on the
property with the Salt Lake County Recorder, guarantees that the
affordability criteria will be met for at least 30 years, and is
transferrable to any future owner.
b.For an affordable homeownership unit, a notice of sale shall be
provided to the city and the city shall have a right of first refusal to any
sale of the property in accordance with a future sales price that is
capped to comply with section 21A.52.050.F.2.b.2 below.
2.The affordable units shall be both income and rent/housing payment
restricted.
a.Income Restriction - The affordable units shall be made available only
to Eligible Households that are qualifying occupants with an annual
income at or below the SLC Area Median Income (“AMI”) as
applicable for the given affordable unit for Salt Lake City Utah, U.S.
Department of Housing and Urban Development (“HUD”) Metro
FMR Area (as periodically determined by the HUD and adjusted for
household size).
b.Rent/Housing Payment Restriction
(1)For an affordable rental unit, the monthly rent, including all
required housing costs per unit, such as utilities and other
charges uniformly assessed to all apartment units other than
charges for optional services, shall be set forth in a written
lease and shall not exceed, for the term of the lease, the
maximum monthly gross rental rate published annually by the
Utah Housing Corporation for affordable units located in Salt
Lake City for the percentage AMI as applicable for the given
affordable unit type.
(2)For an affordable homeownership unit, the annualized housing
payment, including mortgage principal and interest, private
mortgage insurance, property taxes, condominium and/or
homeowner's association fees, insurance, and parking, shall not
exceed thirty percent (30%) of the maximum monthly income
permissible for the AMI as applicable for the given affordable
17
unit, assuming a household size equal to the number of
bedrooms in the unit plus one person.
3.
4.
Comparable units: Affordable units shall be comparable to market rate units
in the development including entrance location, dispersion throughout the
building or site, number of bedrooms (unless otherwise permitted), access to
all amenities available to the market rate units in the development, or as set
forth in the terms of the restrictive covenant. This section does not apply to
units in single- and two-family zoning districts.
The property owner shall be ineligible for affordable housing incentives
pursuant to this Chapter if the property owner or its principals, partners, or
agents are under enforcement for any violation of title 11, 18, 20, or 21.
G.Incentives: Developments are eligible for the incentives identified in this section.
Table 21A.52.050.G establishes the affordability requirements based on the zoning
district of the property. Sections 1 through 4 establish the modifications allowed
within each zoning district in order to be eligible for the affordability incentives. To
use the incentives, developments shall comply with the criteria applicable to the base
zoning districts.
Table 21A.52.050.G
Incentive Types
Types Incentive
Type A. Applicable to the single- and Dwelling units shall meet the requirements for an
two-family zoning districts: FR-1,
FR-2, FR-3, R-1/12,000, R-1/7,000,
R-1/5,000, R-2, SR-1, SR-1A, and
SR-3.
affordable rental or homeownership unit affordable to
those with incomes at or below 80% AMI.
New construction: At least 50% of the provided
dwelling units shall be affordable.
Existing building maintained: A minimum of one of
the dwelling units shall be affordable provided the
existing building is maintained as required in
21A.52.050.H.1.c.
Type B. Applicable to residential
multifamily zoning districts: RMF-
30, RMF-35, RMF-45, and RMF-75
An affordable rental unit shall meet a minimum of at
least one of the following affordability criteria:
1. 40% of units shall be affordable to those with
incomes at or below 60% AMI;
2. 20% of units shall be affordable to those with
incomes at or below 50% AMI; or
3. 40% of units shall be affordable to those with
incomes averaging no more than 60% AMI
and these units shall not be occupied by those
with an income greater than 80% AMI.
For sale owner occupied units: An affordable
homeownership unit shall provide a minimum of 50%
of units affordable to those with incomes at or below
80% AMI.
18
Type C. Applicable to zoning
districts not otherwise specified.
Affordable rental or homeownership units shall meet
a minimum of at least one of the affordability criteria
identified. Any fractional number of units required
shall be rounded up to the nearest whole number.
1. 20% of units are restricted as affordable to
those with an income at or below 80% AMI;
2. 10% of units are restricted as affordable to
those with an income at or below 60% AMI;
3. 10% of units are restricted as affordable to
those with an average income at or below 60%
AMI and these units shall not be occupied by
those with an income greater than 80% AMI;
4. 5% of units are restricted as affordable to
those with an income at or below 30% AMI;
5. 10% of units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have two or more
bedrooms;
6. 5% of units are restricted as affordable to
those with an income at or below 60% AMI
when the affordable units have two or more
bedrooms; or
7. 5% of the units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have three or more
bedrooms.
1. Single- and Two-Family Zoning Districts: The following housing types: twin
home and two-family, three-family dwellings, four-family dwellings, row houses,
sideways row houses, and cottage developments are authorized in the FR-1, FR-2,
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning
districts provided the affordability requirements in for Type A in Table
21A.52.050.G are met.
2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying
provisions for density found in the minimum lot area and lot width tables for
the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the
RMF-30 zoning district, the minimum lot size per dwelling unit does not apply,
provided the affordability requirements for Type B in Table 21A.52.050.G are
met.
3. Incentives in the CB Community Business, CC Corridor Commercial, CG
General Commercial, and I Institutional Zoning Districts:
a.The following housing types: row houses, sideways row houses, and
cottage developments are authorized in zoning districts provided the
affordability requirements in subsection b. are complied with;
19
b.To be eligible for the incentives listed in this section, a development
shall meet the affordability requirements for Type C in Table
21A.52.050.G.
4. The following incentives are authorized in zoning districts provided the
affordability requirements for Type C in Table 21A.52.050.G are complied with:
a.Administrative design review provided the noticing requirements of
21A.10.020.B and the standards in 21A.59 are met. Early engagement
notice requirements to recognized organizations are not applicable.
Additional building height as indicated in the following sections:b.
(1) Residential districts:
Permitted Maximum Height with IncentiveZoning
District
RMU-35
RMU-45
RB
45’ with administrative Design Review, regardless of abutting use or zone.
55’ with administrative Design Review, regardless of abutting use or zone.
May build one additional story equal to or less than the average height of the
other stories in the building. Density limitations listed in the land use table do
not apply.
RMU
RO
May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
May build one additional story equal to or less than the average height of the
other stories in the building.
(2)Commercial Districts:
Zoning
District
SNB
Permitted Maximum Height with Incentive
May build one additional story equal to or less than the average height of the
other stories in the building.
CB
CN
CC
CG
May build one additional story equal to or less than the average height of the
other stories in the building.
May build one additional story equal to or less than the average height of the
other stories in the building.
45’ with administrative Design Review; additional landscaping may be met by
meeting requirements in 21A.52.050.H.3.c.5.
May build two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review for properties
in the mapped area in Figure 21A.26.070.G.
CSHBD1
CSHBD2
105’ and two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
60’ with administrative Design Review and one additional story equal to or less
than the average height of the other stories in the building with administrative
Design Review.
20
TSA-
Transition
May build one additional story equal to or less than the average height of the
other stories in the building with administrative review.
TSA-Core May build two additional stories equal to or less than the average height of the
other stories in the building with administrative review.
(3)Form-based districts:
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Zoning
District
Permitted Maximum Height with Incentive
FB-UN3 125’ and three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
May build one additional story equal to the average height of the other stories in
the building.
May build one additional story equal to the average height of the other stories in
the building.
FB-UN2
FB-SC
FB-SE May build one additional story equal to the average height of the other stories in
the building.
FB-UN1 May build up to three stories and 30’ in height.
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should
be codified.]
Zoning
District
Permitted Maximum Height with Incentive
FB-UN2 May build one additional story equal to the average height of the other stories
in the building.
FB-SC
FB-SE
May build one additional story equal to the average height of the other stories
in the building.
May build one additional story equal to the average height of the other stories
in the building.
FB-UN1 May build up to three stories and 30’ in height.
(4)Downtown districts:
Zoning
District
D-1
Permitted Maximum Height with Incentive
Administrative Design Review is permitted when a Design Review process is
required.
D-2
D-3
Two additional stories equal to or less than the average height of the other stories
in the building with administrative Design Review.
Three additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
21
D-4 Three additional stories equal to or less than the average height of the stories
permitted with administrative Design Review. 375’ and administrative Design
Review in mapped area in 21A.30.045.E.2.b.
(5)Other districts:
Zoning
District
GMU
Permitted Maximum Height with Incentive
Two additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
MU 60’ with residential units and administrative Design Review.
c.Administrative Design Review is permitted for the following:
(6)Buildings in the CSHBD1 and CSHBD2 zoning district
that exceed 20,000 square feet in size.
(7)Buildings in the CB zoning district that exceed 7,500
gross square feet of floor area for a first-floor footprint or
in excess of 15,000 gross square feet floor area.
5. Planned Developments: A Planned Development is not required when the purpose
of the planned development is due to the following reasons cited below, subject to
approval by other city departments. If a development proposes any modification
that is not listed below, planned development approval is required. To be eligible
for the incentives in this section, a development shall meet the affordability
requirements for the applicable zoning district in Table 21A.52.040.
a.Multiple Buildings on a Single Parcel: More than one principal
building may be located on a single parcel and are allowed without
having public street frontage. This allowance supersedes the
restrictions of 21A.36.010.B;
b.
c.
d.
Principal buildings with frontage on a paved public alley;
Principal buildings with frontage on a private street;
Development located in the Community Shopping (CS) “Planned
Development Review” in 21A.26.040.C.
H.Development Regulations: The following development regulations are intended to
provide supplemental regulations and modify standards of the base zoning district for
the purpose of making the affordable housing incentives more feasible and
compatible with existing development. Base zoning standards apply unless
specifically modified by this section and are in addition to modifications authorized in
subsection 21A.52.050.G. If there are conflicts with design standards, the more
restrictive regulation shall apply and take precedence. These standards are not
allowed to be modified through the planned development process.
1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2,
SR-1, SR-1A, and SR-3 zoning districts:
a.Parking: Unless there is a lesser parking requirement in 21A.44, only
one off-street parking space per unit is required. One detached garage
22
or covered parking space, no greater than 250 sq. ft. per unit, may be
provided for each unit and these structure(s) may exceed the yard and
building coverage requirements for accessory structures. When
covered parking is provided, the 250 sq. ft. per unit of covered parking
may be combined into a single structure for each required parking stall
provided.
b.
c.
Yards: Minimum required yards shall apply to the perimeter of the
development and not to the individual principal buildings within the
development.
Density:
(1)Lots approved through a planned development prior to the
effective date of this chapter are required to go through a major
modification of the planned development to use the incentives.
Lots may contain up to four units. Existing lots may be
divided such that each unit is on its own lot. The new lots are
exempt from minimum lot area, lot width, and lot frontage
requirements.
(2)
(3)
(4)
An accessory dwelling unit (ADU) is considered one unit and
counts toward the number of units permitted.
Arrangement of dwellings:
(A)New dwelling units may be arranged in any manner
within a building, as a second detached dwelling, as
attached units, or a cottage development with three or
more detached dwellings, within the buildings that are
part of the cottage development.
(B)When an existing building is maintained, new units
may be added internal to the existing structure, as an
addition, or as a second detached dwelling. Any
addition must comply with the standards of the base
zoning district; however, the addition may contain
additional units. 50% of the exterior walls of the
existing dwelling, including the front elevation, shall
remain as exterior walls.
(C)The units shall comply with this section, applicable
requirements of the base zoning district, and any
applicable overlay district.
2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the
following provisions shall apply:
a.Unit Mix: No more than 25% of the units in the development shall be
less than 500 square feet to promote a mix of unit sizes.
Parking: Unless there is a lesser parking requirement in 21A.44, only
one off-street parking space per unit is required in multifamily
developments with less than 10 units.
b.
23
c.Yards: The minimum required yards shall apply to the perimeter of the
development and not to the individual principal buildings within the
development.
d.Lot width: Minimum lot width requirements do not apply.
3. In addition to applicable requirements in 1. and 2. above, the following provisions
apply to the specific building types listed:
a.Row house and Sideways row house
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard of
the base zoning district apply.
(B) Side yards: A minimum of 10 feet on one side of the
building and 6 feet on the other interior side yard
unless a greater yard is required by the base zoning
district
(C) Rear yard: The rear yard of the base zoning district
applies.
(2) Number of Units: To qualify for incentives in the FR-1, FR-2,
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-
1A zoning districts there is a minimum of three and a
maximum of four residential dwelling units per building.
(3) Building length facing street:
(A) The building length shall not exceed 60 feet or the
average of the block face, whichever is less, in FR-1,
FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R-
2, SR-1, and SR-1A districts;
(B) The building length shall not exceed 100 feet in the
RMF-30, RMF-35, RMF-45 and RMF-75 districts;
and
(C) The building length shall not exceed 175 feet in other
zoning districts.
(4) Building entry facing street: At least one operable building
entrance on the ground floor is required for each unit facing
the primary street facing façade. All units adjacent to a
public street shall have the primary entrance on the street
facing façade of the building with an unenclosed entry porch,
canopy, or awning feature. The entry feature may encroach in
the front yard setback, but the encroachment shall not be
closer than 5 feet from the front property line.
(5) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the facade adjacent to a street. Other materials proposed to
satisfy the durable requirement may be approved at the
discretion of the Planning Director if it is found that the
24
proposed material is durable and is appropriate for the
structure.
(6) Parking requirement and location: Unless there is a lesser
parking requirement in 21A.44, only one off-street parking
space per unit is required. All provided parking shall be
located to the side of the street facing building façade, behind
a principal structure that has frontage on a street, or within
the principal structure subject to any other applicable
provision.
(7) Garage doors facing street: Garage doors are prohibited on
the façade of the building that is parallel to, or located along,
a public street.
(8) Personal outdoor space: Each unit shall have a minimum
outdoor space of 60 square feet where the minimum
measurement of any side cannot be less than 6 feet.
(9) Glass: The surface area of the façade of each floor facing a
street must contain a minimum of 15% glass.
(10) Blank wall: The maximum length of any blank wall
uninterrupted by windows, doors, or architectural detailing at
the ground floor level along any street facing façade is 15’.
(11) Screening of mechanical equipment: All mechanical
equipment shall be screened from public view and sited to
minimize their visibility and impact. Examples of siting
include on the roof, enclosed or otherwise integrated into the
architectural design of the building, or in a rear or side yard
area subject to yard location restrictions found in section
21A.36.020, table 21A.36.020B, “Obstructions In Required
Yards” of this title.
Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House
Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House
25
b.Cottage Development
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard of the
base zoning district apply.
(B) Side yards: A minimum of 10 feet on one side of the
property line and 6 feet on the other interior side yard,
unless a greater yard is required by the base zoning
district.
(C) Rear yard: The rear yard of the base zoning district
applies.
(2) Setbacks Between Individual Cottages: All cottages shall have
a minimum setback of eight feet from another cottage.
(3) Area: No cottage shall have more than 850 square feet of gross
floor area, excluding basement area. There is no minimum
square foot requirement.
(4) Building Entrance: All building entrances shall face a public
street or a common open space.
(5) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the facade adjacent to a street. Other materials proposed to
satisfy the durable requirement may be approved at the
discretion of the Planning Director if it is found that the
26
proposed material is durable and is appropriate for the
structure.
(6)
(7)
Open Space: A minimum of 250 square feet of common, open
space is required per cottage. At least 50% of the open space
shall be in a courtyard or other common, usable open space.
The development shall include landscaping, walkways or other
amenities intended to serve the residents of the development.
Personal Outdoor Space: In addition to the open space
requirement in this section, a minimum of 120 square feet of
private open space is required per cottage. The open space
shall provide a private yard area for each cottage and will be
separated with a fence, hedge, or other visual separation to
distinguish the private space.
(8)Parking: Unless there is a lesser parking requirement in
21A.44, one off-street parking space per unit is required. All
provided parking shall be located to the side of a street facing
building façade, behind a principal structure that has frontage
on a street, or within the principal structure subject to any other
applicable provision.
c. In addition to applicable requirements in 21A.52.050.H above, the
following provisions apply to all other buildings containing more than two
residential units. If the base zone has a greater design standard
requirement, that standard applies.
(1)Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard
setback of the base zoning district apply.
(B) Side yards: For housing types not otherwise allowed in
the zoning district, a minimum of 10 feet on each side
property line, unless a greater setback is required for
single-family homes.
(C) Rear yards: The rear yard of the base zoning district
applies.
(2)Building entrances: The ground floor shall have a primary
entrance on the street facing façade of the building with an
unenclosed entry porch, canopy, or awning feature. Stairs to
second floor units are not permitted on street facing elevations.
Glass: The surface area of the façade of each floor facing a
street must contain a minimum of 15% glass.
Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the facade adjacent to a street. Other materials proposed to
satisfy the durable requirement may be approved at the
discretion of the Planning Director if it is found that the
(3)
(4)
27
proposed material is durable and is appropriate for the
structure.
(5)Open space: Open space area may include landscaped yards,
patios, dining areas, and other similar outdoor living spaces.
All required open space areas shall be accessible to all
residents or users of the building.
(A) Single- and two-family zoning districts: 120 sq. ft. of
open space with a minimum width of 6 ft. shall be
provided for each building with a dwelling.
(B) All other zoning districts: A minimum of 10% of the
land area within the development shall be open space,
up to 5,000 square feet. Open space may include
courtyards, rooftop and terrace gardens and other
similar types of open space amenities. All required
open space areas shall be accessible to all residents or
users of the building.
d. Single- and Two-family Dwellings: No additional design standards except
as identified in 21A.24.
e. Unit Limits: For overall development sites with more than 125 units, no
more than 50% of units shall be designated as affordable units.
f. Lots without public street frontage may be created to accommodate
developments without planned development approval subject to the
following standards:
(1)Required yards shall be applied to the overall development
site not individual lots within the development. The front and
corner yards of the perimeter shall be maintained as landscaped
yards;
(2)
(3)
(4)
Lot coverage shall be calculated for the overall development
not individual lots within the development; and
Required off street parking stalls for a unit within the
development are permitted on any lot within the development.
The subdivision shall be finalized with a final plat and the final
plat shall document that the new lot(s) has adequate access to a
public street by way of easements or a shared driveway or
private street; and
(5)An entity, such as a homeowner association, must be
established for the operation and maintenance of any common
infrastructure. Documentation establishing that entity must be
recorded with the final plat.
SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That
Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose
Statements) shall be and hereby is amended to read as follows:
28
1. Affordable housing that meets the requirements of 21A.52.050.
SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section
21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and
hereby is amended to add the following terms in the list of defined terms to be inserted into that list
in alphabetical order:
Affordable Housing
Affordable Housing Incentives Development
Dwelling, Three-family
Dwelling, Four-family
Dwelling, Row House
Dwelling, Sideways Row House
Dwelling, Cottage Development
SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That
Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall
be and hereby is amended as follows:
a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of
“AFFORDABLE HOUSING” be added and inserted into the list of definitions in
alphabetical order and read as follows:
AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable,
rent-restricted. The affordable units shall be made available only to individuals and
households that are qualifying occupants at or below the applicable percentage of the area
median income for the Salt Lake City Utah, U.S. Department of Housing and Urban
Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as
periodically determined by HUD and adjusted for household size) and published by the Utah
Housing Corporation, or its successor. Affordable (30% of gross income for housing costs,
including utilities) housing units must accommodate at least one of the following categories:
a. Extremely Low-Income Affordable Units: Housing units accommodating up to
30% AMI;
b. Very Low-Income Affordable Units: Housing units accommodating up to greater than
30% and up to 50% AMI; or
c. Low-Income Affordable Units: Housing units accommodating greater than 50% and
up to 80% AMI.
29
b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES
DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES
DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order
and read as follows:
AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that
meets the criteria in 21A.52.050.
c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of
“DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, THREE-FAMILY: A detached building containing three dwelling units.
d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of
“DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, FOUR-FAMILY: A detached building containing four dwelling units.
e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of
“DWELLING, ROW HOUSE” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least
one common wall with an adjacent dwelling unit and where the entry of each unit faces a
public street. Units may be stacked vertically and/or attached horizontally. Each attached unit
may be on its own lot.
f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition
of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of
definitions in alphabetical order and read as follows:
DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that
share at least one common wall with an adjacent dwelling unit and where the entry of each
30
unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or
attached horizontally. Each attached unit may be on its own lot.
g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the
definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into
the list of definitions in alphabetical order and read as follows:
DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified
development that contains a minimum of two and a maximum of eight detached dwelling
units with each unit appearing to be a small single-family dwelling with a common green or
open space. Dwellings may be located on separate lots or grouped on one lot.
SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee
Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the
attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule
shall be published on the official Salt Lake City website.
SECTION 21. Effective Date. This Ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
31
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed
______________________________
MAYOR
______________________________
CITY RECORDER APPROVED AS TO FORM
Salt Lake City Attorney’s Office
(SEAL)
July 7, 2023
Date:___________________________Bill No. ________ of 2023.
Published: ______________.By: ________
Katherine D. Pasker, Senior City Attorney
Ordinance creating zoning incentives and affordable housing incentives
32
EXHIBIT A
Service Fee Additional Information Section
Affordable Housing Incentives Fines
Noncompliance violation $100/affordable Plus rental difference
unit/day
21A.20.040.B
33
1
2
3
4
5
6
7
8
SALT LAKE CITY ORDINANCE
No. _____ of 2023
(An ordinance amending various sections of the Title 21A of the Salt Lake City Code
establishing a chapter for zoning incentives and adding affordable housing incentives)
An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant
to Petition No. PLNPCM2019-00658 pertaining to zoning incentives and affordable housing
incentives.
9
10
11
12
13
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held
public hearings on May 11, 2022 and April 26, 2023 to consider a petition submitted by former
Salt Lake City Mayor, Jackie Biskupski (Petition No. PLNPCM2019-00658) to amend various
14 sections of Title 21A of the Salt Lake City Code adding zoning incentives and affordable housing
15
16
17
18
19
20
21
22
incentives; and
WHEREAS, at its April 26, 2023, meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; and
WHEREAS, the City Council requests a report on costs and benefits of implementation
of the affordable housing incentives 24 months following adoption; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city’s best interests.
23 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
24
25
26
SECTION 1. Amending the text of Salt Lake City Code Section 21A.20.040. That Section
21A.20.040 of the Salt Lake City Code (Zoning: Enforcement: Civil Fines) shall be and hereby is
amended to read as follows:
1
27
28
29
30
31
32
33
34
35
36
37
38
A. If the violations are not corrected by the citation deadline, civil fines shall accrue at
twenty five dollars ($25.00) a day per violation for those properties legally used for
purposes that are solely residential uses, and one hundred dollars ($100.00) a day per
violation for those properties used for purposes that are not residential uses.
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
per day per violation. If the violation(s) include renting an affordable rental unit in excess
of the approved rental rate then an additional monthly fine shall accrue that is the
difference between the market rate of the unit and the approved rental rate that is agreed
to by the applicant at the time of approval for a project using the incentives.
SECTION 2. Amending the text of Salt Lake City Code Subsection 21A.24.050.A. That
Subsection 21A.24.050.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/12,000
Single-family Residential District) shall be and hereby is amended to read as follows:
39
40
41
42
43
44
45
46
47
48
49
50
51
A.Purpose Statement: The purpose of the R-1/12,000 Single-Family Residential District is
to provide for conventional single-family residential dwellings and affordable housing
incentives developments with up to four units on residential neighborhoods with lots
twelve thousand (12,000) square feet in size or larger. This district is appropriate in areas
of the City as identified in the applicable community Master Plan. Uses are intended to be
compatible with the existing scale and intensity of the neighborhood. The standards for
the district are intended to provide for safe and comfortable places to live and play,
promote sustainable and compatible development patterns and to preserve the existing
character of the neighborhood.
SECTION 3. Amending the text of Salt Lake City Code Subsection 21A.24.060.A. That
52
53
Subsection 21A.24.060.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/7,000
Single-family Residential District) shall be and hereby is amended to read as follows:
54
55
56
57
58
59
60
61
62
63
A.Purpose Statement: The purpose of the R-1/7,000 Single-Family Residential District is to
provide for conventional single-family residential dwellings and affordable housing
incentives developments with up to four units on residential neighborhoods with lots not
less than seven thousand (7,000) square feet in size. This district is appropriate in areas of
the City as identified in the applicable community Master Plan. Uses are intended to be
compatible with the existing scale and intensity of the neighborhood. The standards for
the district are intended to provide for safe and comfortable places to live and play,
promote sustainable and compatible development patterns and to preserve the existing
character of the neighborhood.
2
64
65
66
SECTION 4. Amending the text of Salt Lake City Code Subsection 21A.24.070.A. That
Subsection 21A.24.070.A of the Salt Lake City Code (Zoning: Residential Districts: R-1/5,000
Single-family Residential District) shall be and hereby is amended to read as follows:
67
68
69
70
71
72
73
74
75
76
77
A.Purpose Statement: The purpose of the R-1/5,000 Single-Family Residential District is to
provide for conventional single-family residential dwellings and affordable housing
incentives developments with up to four units on residential neighborhoods with lots not
less than five thousand (5,000) square feet in size. This district is appropriate in areas of
the City as identified in the applicable community Master Plan. Uses are intended to be
compatible with the existing scale and intensity of the neighborhood. The standards for
the district are intended to provide for safe and comfortable places to live and play,
promote sustainable and compatible development patterns and to preserve the existing
character of the neighborhood.
SECTION 5. Amending the text of Salt Lake City Code Subsection 21A.24.110.A. That
78
79
Subsection 21A.24.110.A of the Salt Lake City Code (Zoning: Residential Districts: R-2 Single- and
Two-family Residential District) shall be and hereby is amended to read as follows:
80
81
82
83
84
85
86
87
88
A.Purpose Statement: The purpose of the R-2 Single- and Two- Family Residential District
is to preserve and protect for single-family dwellings the character of existing
neighborhoods which exhibit a mix of predominantly single- and two-family dwellings
by controlling the concentration of two-family dwelling units. Uses are intended to be
compatible with the existing scale and intensity of the neighborhood. The standards for
the district are intended to provide for safe and comfortable places to live and play and to
promote sustainable and compatible development patterns.
SECTION 6. Amending the text of Salt Lake City Code Subsection 21A.24.170.F. That
89 Subsection 21A.24.170.F of the Salt Lake City Code (Zoning: Residential Districts: R-MU
90 Residential/Mixed Use District) shall be and hereby is amended to read as follows:
91
92
93
94
95
96
97
98
99
100
F.Maximum Building Height: The maximum building height shall not exceed seventy five
feet (75'), except that nonresidential buildings and uses shall be limited by subsections F1
and F2 of this section. Buildings taller than seventy five feet (75'), up to a maximum of
one hundred twenty five feet (125'), may be authorized through the design review process
(chapter 21A.59 of this title) and provided, that the proposed height is located within the
one hundred twenty five foot (125') height zone indicated in the map located in
subsection F3 of this section.
1.
2.
Maximum height for nonresidential buildings: Forty five feet (45').
Maximum floor area coverage of nonresidential uses in mixed use
buildings of residential and nonresidential uses: Three (3) floors.
3
101
102
103
3.One hundred twenty five foot (125') height zone map for the R-MU
District:
104
105
FIGURE 21A.24.170.F.3
106
107 SECTION 7. Amending the text of Salt Lake City Code Subsection 21A.26.078.E.2. That
Subsection 21A.26.078.E.2 of the Salt Lake City Code (Zoning: Commercial Districts: TSA Transit
Station Area District) shall be and hereby is amended to read as follows (Table 21A.26.078.E.2 and
all notes thereto shall remain and are not amended herein):
108
109
110
4
111
112
113
114
115
116
117
118
119
120
121
122
123
2.Building Height: The minimum and maximum building heights are found in table
21A.26.078.E.2, "Building Height Regulations", of this subsection E.2. The following
exceptions apply:
a. The minimum building height applies to all structures that are adjacent to a public or
private street. The building shall meet the minimum building height for at least fifty
percent (50%) of the width of the street facing building wall.
b. Projects that achieve a development score that qualifies for administrative review are
eligible for an increase in height. The increase shall be limited to one story of
habitable space. The height of the additional story shall be equal to or less than the
average height of the other stories in the building. This is in addition to the height
authorized elsewhere in this title.
SECTION 8. Amending the text of Salt Lake City Code Table 21A.27.040.C. That Table
124
125
21A.27.040.C of the Salt Lake City Code (Zoning: Form Based Districts: FB-SC and FB-SE Form
Based Special Purpose Corridor District) shall be and hereby is amended to read as follows:
126
127
TABLE 21A.27.040.Cꢀ
FB-SC BUILDING FORM STANDARDSꢀ
Permitted Building Forms
Multi-Family And Storefront ꢀ
H ꢀ Maximum building height ꢀMaximum building height in the FB-SC is 60 ft. An
additional 15 ft. in height (for a total height of 75
ft.) may be permitted for residential uses if a
minimum of 10% of the units areꢀ affordable
housing. ꢀ
Limitation on commercial uses Commercial or nonresidential uses are limited to the
first 3 stories and a height of 45 ft. This limitation
does not apply to hotel/motel uses, which are
limited to the maximum height of 75 ft.
F Front and corner Greenway
side yard setback
Minimum of 5 ft. Maximum of 15 ft.
Neighborhood Minimum of 15 ft. Maximum of 25 ft.
Avenue
Boulevard
Minimum of 5 ft. Maximum of 10 ft.
Minimum of 15 ft. Maximum of 25 ft.
B Required built-to Minimum of 50% of any street facing facade shall
be built to the minimum setback line. At least 10%
of any street facing facade shall be built to the
maximum setback line.
S Interior side yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
5
minimum setback is required. See illustration
below.
R Rear yard When adjacent to a residential district, a minimum
setback of 25% of the lot width, up to 25 ft., is
required. Any portion of the building taller than 30
ft. must be stepped back 2 ft. from the required
building setback line for every 1 ft. of height over
30 ft. When adjacent to other zoning districts, no
minimum setback is required. See illustration
below.
L Minimum lot size
W Minimum lot width
4,000 sq. ft.; not to be used to calculate density.
50 ft.
DU Dwelling units per building form No minimum or maximum.
Bf Number of building forms per lot 1 building form permitted for every 4,000 sq. ft. of
lot area provided all building forms have frontage
on a street.
128
129
130
131 SECTION 9. Amending the text of Salt Lake City Code Section 21A.33.020. That Section
21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Residential Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Residential Districts, in alphabetical order with other use categories in the table, which use
category shall read and appear in that table as follows:
132
133
134
135
136
6
Use Permitted And Conditional Uses By District
FR-1/ FR-2/ FR-3/
43,560 21,780 12,000 12,000 7,000 5,000
R-1/R-1/R-1/ SR- SR- SR- R- RMF- RMF- RMF- RMF- RB R-R-R-RO
P
1 2 3 2 30 35 45 75 MU- MU- MU
35
P
45
PAffordable
Housing
Incentives
Development
P P P P P P P P P P P P P P P
137
7
138
139
140
SECTION 10. Amending the text of Salt Lake City Code Section 21A.33.030. That Section
21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Commercial Districts) shall be and hereby is amended only to add the use
141 category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
142
143
Uses for Commercial Districts, in alphabetical order with other use categories in the table, which use
category shall read and appear in that table as follows:
8
Use Permitted and Conditional Uses by District
CN
P
CB
P
CS1 CC
P
CSHBD1 CG
P
SNB
PAffordable
Housing
P P
Incentives
Development
145
9
146
147
148
149
150
151
SECTION 11. Amending the text of Salt Lake City Code Section 21A.33.035. That Section
21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Transit Station Area Districts) shall be and hereby is amended only to add
the use category “Affordable Housing Incentives Development” in the Table of Permitted and
Conditional Uses for Transit Station Area Districts, in alphabetical order with other use
categories in the table, which use category shall read and appear in that table as follows:
152
10
Use Permitted And Conditional Uses By District
TSA-UN TSA-MUEC
Core Transition Core Transition
TSA-UC
Transition
TSA-SP
Core TransitionCore
Affordable Housing Incentives
Development
P P P P P P P P
153
11
154
155
156
157
158
159
SECTION 12. Amending the text of Salt Lake City Code Section 21A.33.050. That Section
21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Downtown Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and
Conditional Uses for Downtown Districts, in alphabetical order with other use categories in the
table, which use category shall read and appear in that table as follows:
Use Permitted And Conditional Uses By District
D-1
P
D-2
P
D-3
P
D-4
PAffordable Housing Incentives
Development
160
161 SECTION 13. Amending the text of Salt Lake City Code Section 21A.33.060. That Section
21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses in the Gateway District) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for the Gateway District, which use category shall read and appear in that table as follows:
162
163
164
165
Use G-MU
Affordable Housing Incentives Development P
166
167
168
169
170
171
SECTION 14. Amending the text of Salt Lake City Code Section 21A.33.070. That Section
21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Special Purpose Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Special Purpose Districts, which use category shall read and appear in that table as follows:
12
172
Use Permitted and Conditional Uses by District
RP BP FP AG AG-2 AG-5 AG-20 OS NOS PL PL-2A I UI MH EI MU
Affordable
Housing
P
Incentives
Development
173
13
174
175
176
177
178
SECTION 15. Amending the text of Salt Lake City Code Section 21A.33.080. That Section
21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Form Based Districts) shall be and hereby is amended only to add the use
category “Affordable Housing Incentives Development” in the Table of Permitted and Conditional
Uses for Form Based Districts, which use category shall read and appear in that table as follows:
179
180
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Use Permitted Uses By District
FB-UN1
P
FB-UN2 FB-UN3
P
FB-SC FB-SE
PAffordable Housing Incentives
Development
P P
181
182
183
184
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should
be codified.]
Use Permitted Uses By District
FB-UN1
P
FB-UN2
P
FB-SC
P
FB-SE
PAffordable Housing Incentives
Development
185
186
187
188
SECTION 16. Creating a new Chapter 21A.52 of Salt Lake City Code 21A. Chapter 21A of
the Salt Lake City Code (Zoning Incentives) shall be and hereby is amended to include a new
Chapter 21A.52 Zoning Incentives and shall read as follows:
189 21A.52.010 PURPOSE:
190
191
The purpose of this chapter is to establish zoning incentives to support achieving adopted goals
within the City’s adopted plans and policy documents.
192
193
21A.52.020 APPLICABILITY:
This chapter applies as indicated within each subsection.
194
195
21A.52.030 RELATIONSHIP TO BASE ZONING DISTRICTS AND OVERLAY
ZONING DISTRICTS:
14
196
197
Unless otherwise indicated in this chapter, all base zoning district or overlay zoning district
standards and requirements take precedence except as indicated in this section.
198 21A.52.040 APPROVAL PROCESS:
199
200
Any process required by this title shall apply to this chapter unless specifically exempt or
modified within this chapter.
201
202
203
204
205
A.
B.
C.
The Planned Development process in 21A.55 may be modified as indicated within
this chapter.
The Design Review process in 21A.59 may be modified as indicated within this
chapter.
Developments authorized by this chapter are exempt from 21A.10.020.B.1.
206 21A.52.050 AFFORDABLE HOUSING INCENTIVES:
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
A.Purpose: The Affordable Housing Incentives encourage the development of
affordable housing. The provisions within this section facilitate the construction of
affordable housing by allowing more inclusive development than would otherwise be
permitted in the base zoning districts. Housing constructed using the incentives is
intended to be compatible in form with the neighborhood and provide for safe and
comfortable places to live and play.
Applicability: The provisions in this section provide optional incentives to
development projects that include affordable housing units. Unless specifically stated
below, all other applicable provisions in the base zoning district or
overlay districts shall apply.
B.
C.
D.
Uses: Additional housing types are allowed in zones subject to compliance with this
section.
Reporting and Auditing: Property owners who use the incentives of this chapter are
required to provide a report that demonstrates compliance with this section and any
additional approvals associated with the use of incentives. The report shall be
submitted annually by April 30th and shall be reflective of the financial status at the
end of the previous calendar year. The report shall be submitted to the Director of
Community and Neighborhoods or successor.
1. Annual Report and Auditing: Each property owner shall submit a report that
demonstrates compliance with this chapter.
a. If applicable, the property owner shall submit a copy of the annual report(s)
provided to Utah Housing Corporation, Olene Walker Housing Loan Fund,
Housing Authority of Salt Lake City, Housing Connect, or similar funding
source as determined by the Department of Community and Neighborhoods,
or successors, confirming compliance with affordable housing conditions,
including tenant income and rent rates.
b. If an annual report is not submitted as required in 21A.52.050.D.1.a above,
the property owner shall provide a report that includes, but is not limited to
the following:
(1) The property location, tax ID number, and legal description.
(2) Property owner name, mailing address, and email address.
(3) Information on the dwelling units and tenants of the property receiving
the incentives that includes:
15
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
(A) The total number of dwelling units
(B) The number of bedrooms of each dwelling unit
(C) The rental rate of each dwelling unit
(D)Identify the dwelling units that comply with the level of
affordability identified in the approval to use the incentives and
a statement that the dwelling units are in compliance with the
approval requirements.
(E) Identify any change in occupancy to the units that are required
to be affordable under this section, including a change in the
number of people residing in each unit and any change in
tenant. Personal data is not required to be submitted.
(F) Confirm that income verification for all tenants was performed
on an annual basis.
(G)Identify any differences in rent between the agreed upon rental
rate in the approval to use the incentives and the actual rent
received for the identified affordable dwelling units.
(H)Identify any instance where an affordable dwelling unit was no
longer rented at the agreed upon level of affordability, the
length of time the dwelling unit was not in compliance with the
agreed upon level of affordability, and any remedy that was
taken to address the noncompliance.
2. Review of Annual Report: The Director of Community and Neighborhoods shall
review the report to determine if the report is complete.
3. Within 30 days of receipt of a complete report, the Director of Community and
Neighborhoods shall provide the property owner with written notice that:
a. Identifies whether the property is in compliance.
b. Identify any deficiency in the information provided by the owner.
c. Assesses any penalty that is due as a result of an identified noncompliance.
4. After receipt of the notice from the Director of Community and Neighborhoods that
indicates noncompliance, the property owner shall:
a. Cure the identified noncompliance within 30 days of such notice and
concurrently submit an updated report of then-current operations of the
property that demonstrates compliance; or
(1) Property owners can request an extension in writing prior to the
expiration of the 30-day cure period identified above. The request shall
include an explanation of the efforts to correct the non-compliance and
the reason the extension is needed. The Director of Community and
Neighborhoods will review and determine if the timeframe and
extension are appropriate and whether or not fines shall be stayed
during any approved extension. Upon expiration of the extension
granted by the Director the property owner shall submit an updated
report of then-current operations of the property that demonstrates
compliance.
b. Pay any fine or fee that is assessed pursuant to 21A.20.040 due to any
noncompliance within 14 days of achieving compliance. Any fine or fee shall
16
285
286
287
288
289
290
291
292
293
294
be assessed from the first identified date that the property is not in
compliance.
5. The city may contract with another entity for review of the requirements in this
section.
6. Violations of this Chapter shall be investigated and prosecuted pursuant to 21A.20,
except as set forth below in 21A.52.050.E.
E.Enforcement: Violations of this Chapter, or the restrictive covenant on the property
as set forth in 21A.52.050.F.1, shall be investigated and prosecuted pursuant to
21A.20. The city shall have the additional remedies for violations as set forth below.
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
1. Lien on Property. If the property owner fails to make payment of the outstanding
fines, then after 90 days or when fines reach $5,000, the division will issue a
statement of outstanding fines. If the property owner fails to make payment within
14 days, then the division may certify the fines set forth in the statement to the Salt
Lake County Treasurer. After entry by the Salt Lake County Treasurer, the amount
entered shall have the force and effect of a valid judgment of the district court, is a
lien on the property, and shall be collected by the treasurer of the county in which
the property is located at the time of the payment of general taxes. Upon payment
of the amount set forth in the statement, the judgment is satisfied, the lien is
released from the property, and receipt shall be acknowledged upon the general tax
receipt issued by the treasurer.
2. Revocation of Business License. Upon a determination of the division that the
property is in violation of this Chapter the city may suspend or revoke the business
license associated with the property. Any suspension or revocation of a license
shall not be imposed until a hearing is first held before the Director of Community
and Neighborhoods or his/her successor. The licensee shall be given at least 14
days’ notice of the time and place of the hearing, together with the nature of the
charges against the licensee. The licensee may appear in person or through an
officer, agent or attorney, to introduce evidence on the licensee’s behalf, and to
confront and cross-examine witnesses. The Director of Community and
Neighborhoods shall make a decision based upon the evidence introduced at the
hearing and issue a written decision. The licensee may appeal to an appeals
hearing officer and thereafter to district court pursuant to 21A.16. If the license is
revoked or suspended it shall thereafter be unlawful for any person to engage in or
use, or permit to be used any property for any business with respect to which the
license has been suspended or revoked until a license shall be granted upon appeal
or due to the property’s compliance with this Chapter. No person whose license
has been revoked, and no person associated or connected with such person in the
conduct of such business, shall be granted a license for the same purpose for a
period of six months after the revocation has occurred. The Director may, for good
cause, waive the prohibition against persons formerly associated or connected with
an individual who has had a license revoked.
328
329
F.Eligibility Standards: Developments shall meet the criteria below to be eligible for
the authorized incentives:
17
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
1.Restrictive Covenant Required:
a.Any owner who uses the incentives of this chapter shall enter into a
legally binding restrictive covenant, the form of which shall be
approved by the city attorney. Prior to the issuance of a building
permit for construction of a building using the incentives, the
restrictive covenant shall be filed with the Salt Lake County Recorder.
The agreement shall provide for the following, without limitation:
acknowledge the use of the incentives, the nature of the approval and
any conditions thereof, the affordability requirements, the terms of
compliance with all applicable regulations, shall guarantee compliance
for a term of 30 years, and the potential enforcement actions for any
violation of the agreement. The agreement shall be recorded on the
property with the Salt Lake County Recorder, guarantees that the
affordability criteria will be met for at least 30 years, and is
transferrable to any future owner.
b.For an affordable homeownership unit, a notice of sale shall be
provided to the city and the city shall have a right of first refusal to any
sale of the property in accordance with a future sales price that is
capped to comply with section 21A.52.050.F.2.b.2 below.
2.The affordable units shall be both income and rent/housing payment
restricted.
a.
b.
Income Restriction - The affordable units shall be made available only
to Eligible Households that are qualifying occupants with an annual
income at or below the SLC Area Median Income (“AMI”) as
applicable for the given affordable unit for Salt Lake City Utah, U.S.
Department of Housing and Urban Development (“HUD”) Metro
FMR Area (as periodically determined by the HUD and adjusted for
household size).
Rent/Housing Payment Restriction
(1)For an affordable rental unit, the monthly rent, including all
required housing costs per unit, such as utilities and other
charges uniformly assessed to all apartment units other than
charges for optional services, shall be set forth in a written
lease and shall not exceed, for the term of the lease, the
maximum monthly gross rental rate published annually by the
Utah Housing Corporation for affordable units located in Salt
Lake City for the percentage AMI as applicable for the given
affordable unit type.
(2)For an affordable homeownership unit, the annualized housing
payment, including mortgage principal and interest, private
mortgage insurance, property taxes, condominium and/or
homeowner's association fees, insurance, and parking, shall not
exceed thirty percent (30%) of the maximum monthly income
permissible for the AMI as applicable for the given affordable
18
375
376
377
378
379
380
381
382
383
384
385
386
unit, assuming a household size equal to the number of
bedrooms in the unit plus one person.
3.
4.
Comparable units: Affordable units shall be comparable to market rate units
in the development including entrance location, dispersion throughout the
building or site, number of bedrooms (unless otherwise permitted), access to
all amenities available to the market rate units in the development, or as set
forth in the terms of the restrictive covenant. This section does not apply to
units in single- and two-family zoning districts.
The property owner shall be ineligible for affordable housing incentives
pursuant to this Chapter if the property owner or its principals, partners, or
agents are under enforcement for any violation of title 11, 18, 20, or 21.
387
388
389
390
391
392
G.Incentives: Developments are eligible for the incentives identified in this section.
Table 21A.52.050.G establishes the affordability requirements based on the zoning
district of the property. Sections 1 through 4 establish the modifications allowed
within each zoning district in order to be eligible for the affordability incentives. To
use the incentives, developments shall comply with the criteria applicable to the base
zoning districts.
393 Table 21A.52.050.G
Incentive Types
Types Incentive
Type A. Applicable to the single- and Dwelling units shall meet the requirements for an
two-family zoning districts: FR-1,
FR-2, FR-3, R-1/12,000, R-1/7,000,
R-1/5,000, R-2, SR-1, SR-1A, and
SR-3.
affordable rental or homeownership unit affordable to
those with incomes at or below 80% AMI.
New construction: At least 50% of the provided
dwelling units shall be affordable.
Existing building maintained: A minimum of one of
the dwelling units shall be affordable provided the
existing building is maintained as required in
21A.52.050.H.1.c.
Type B. Applicable to residential
multifamily zoning districts: RMF-
30, RMF-35, RMF-45, and RMF-75
An affordable rental unit shall meet a minimum of at
least one of the following affordability criteria:
1. 40% of units shall be affordable to those with
incomes at or below 60% AMI;
2. 20% of units shall be affordable to those with
incomes at or below 50% AMI; or
3. 40% of units shall be affordable to those with
incomes averaging no more than 60% AMI
and these units shall not be occupied by those
with an income greater than 80% AMI.
For sale owner occupied units: An affordable
homeownership unit shall provide a minimum of 50%
of units affordable to those with incomes at or below
80% AMI.
19
Type C. Applicable to zoning
districts not otherwise specified.
Affordable rental or homeownership units shall meet
a minimum of at least one of the affordability criteria
identified. Any fractional number of units required
shall be rounded up to the nearest whole number.
1. 20% of units are restricted as affordable to
those with an income at or below 80% AMI;
2. 10% of units are restricted as affordable to
those with an income at or below 60% AMI;
3. 10% of units are restricted as affordable to
those with an average income at or below 60%
AMI and these units shall not be occupied by
those with an income greater than 80% AMI;
4. 5% of units are restricted as affordable to
those with an income at or below 30% AMI;
5. 10% of units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have two or more
bedrooms;
6. 5% of units are restricted as affordable to
those with an income at or below 60% AMI
when the affordable units have two or more
bedrooms; or
7. 5% of the units are restricted as affordable to
those with an income at or below 80% AMI
when the affordable units have three or more
bedrooms.
394
395
396
397
398
399
400
1. Single- and Two-Family Zoning Districts: The following housing types: twin
home and two-family, three-family dwellings, four-family dwellings, row houses,
sideways row houses, and cottage developments are authorized in the FR-1, FR-2,
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, SR-1A, and SR-3 zoning
districts provided the affordability requirements in for Type A in Table
21A.52.050.G are met.
401
402
403
404
405
406
2. RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts: The qualifying
provisions for density found in the minimum lot area and lot width tables for
the RMF-35, RMF-45, and RMF-75 zoning districts do not apply and in the
RMF-30 zoning district, the minimum lot size per dwelling unit does not apply,
provided the affordability requirements for Type B in Table 21A.52.050.G are
met.
407
408
409
410
411
3. Incentives in the CB Community Business, CC Corridor Commercial, CG
General Commercial, and I Institutional Zoning Districts:
a.The following housing types: row houses, sideways row houses, and
cottage developments are authorized in zoning districts provided the
affordability requirements in subsection b. are complied with;
20
412
413
414
415
416
417
418
419
420
421
422
b.To be eligible for the incentives listed in this section, a development
shall meet the affordability requirements for Type C in Table
21A.52.050.G.
4. The following incentives are authorized in zoning districts provided the
affordability requirements for Type C in Table 21A.52.050.G are complied with:
a.Administrative design review provided the noticing requirements of
21A.10.020.B and the standards in 21A.59 are met. Early engagement
notice requirements to recognized organizations are not applicable.
Additional building height as indicated in the following sections:b.
(1) Residential districts:
Permitted Maximum Height with IncentiveZoning
District
RMU-35
RMU-45
RB
45’ with administrative Design Review, regardless of abutting use or zone.
55’ with administrative Design Review, regardless of abutting use or zone.
May build one additional story equal to or less than the average height of the
other stories in the building. Density limitations listed in the land use table do
not apply.
RMU
RO
May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
May build one additional story equal to or less than the average height of the
other stories in the building.
423
424
425
(2)Commercial Districts:
Zoning
District
SNB
Permitted Maximum Height with Incentive
May build one additional story equal to or less than the average height of the
other stories in the building.
CB
CN
CC
CG
May build one additional story equal to or less than the average height of the
other stories in the building.
May build one additional story equal to or less than the average height of the
other stories in the building.
45’ with administrative Design Review; additional landscaping may be met by
meeting requirements in 21A.52.050.H.3.c.5.
May build two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
May build three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review for properties
in the mapped area in Figure 21A.26.070.G.
CSHBD1
CSHBD2
105’ and two additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
60’ with administrative Design Review and one additional story equal to or less
than the average height of the other stories in the building with administrative
Design Review.
21
TSA-
Transition
TSA-Core
May build one additional story equal to or less than the average height of the
other stories in the building with administrative review.
May build two additional stories equal to or less than the average height of the
other stories in the building with administrative review.
426
427
428
429
430
(3)Form-based districts:
[Note to codifier: use this table if FBUN3 is adopted as of the date of this ordinance pursuant to
Petition No. PLNPCM2019-00277. If it is not adopted, then this table is void.]
Zoning
District
Permitted Maximum Height with Incentive
FB-UN3 125’ and three additional stories equal to or less than the average height of the
other stories in the building with administrative Design Review.
May build one additional story equal to the average height of the other stories in
the building.
May build one additional story equal to the average height of the other stories in
the building.
FB-UN2
FB-SC
FB-SE May build one additional story equal to the average height of the other stories in
the building.
FB-UN1 May build up to three stories and 30’ in height.
431
432
433
434
435
[Note to codifier: use this table if FBUN3 is not adopted as of the date of this ordinance pursuant
to Petition No. PLNPCM2019-00277. If it is adopted this table is void and the prior table should
be codified.]
Zoning
District
Permitted Maximum Height with Incentive
FB-UN2 May build one additional story equal to the average height of the other stories
in the building.
FB-SC
FB-SE
May build one additional story equal to the average height of the other stories
in the building.
May build one additional story equal to the average height of the other stories
in the building.
FB-UN1 May build up to three stories and 30’ in height.
436
437
438
439
(4)Downtown districts:
Zoning
District
D-1
Permitted Maximum Height with Incentive
Administrative Design Review is permitted when a Design Review process is
required.
D-2
D-3
Two additional stories equal to or less than the average height of the other stories
in the building with administrative Design Review.
Three additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
22
D-4 Three additional stories equal to or less than the average height of the stories
permitted with administrative Design Review. 375’ and administrative Design
Review in mapped area in 21A.30.045.E.2.b.
440
441
442
(5)Other districts:
Zoning
District
GMU
Permitted Maximum Height with Incentive
Two additional stories equal to or less than the average height of the other
stories in the building with administrative Design Review.
MU 60’ with residential units and administrative Design Review.
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
c.Administrative Design Review is permitted for the following:
(6)Buildings in the CSHBD1 and CSHBD2 zoning district
that exceed 20,000 square feet in size.
(7)Buildings in the CB zoning district that exceed 7,500
gross square feet of floor area for a first-floor footprint or
in excess of 15,000 gross square feet floor area.
5. Planned Developments: A Planned Development is not required when the purpose
of the planned development is due to the following reasons cited below, subject to
approval by other city departments. If a development proposes any modification
that is not listed below, planned development approval is required. To be eligible
for the incentives in this section, a development shall meet the affordability
requirements for the applicable zoning district in Table 21A.52.040.
a.Multiple Buildings on a Single Parcel: More than one principal
building may be located on a single parcel and are allowed without
having public street frontage. This allowance supersedes the
restrictions of 21A.36.010.B;
Principal buildings with frontage on a paved public alley;
Principal buildings with frontage on a private street;
Development located in the Community Shopping (CS) “Planned
Development Review” in 21A.26.040.C.
b.
c.
d.
H.Development Regulations: The following development regulations are intended to
provide supplemental regulations and modify standards of the base zoning district for
the purpose of making the affordable housing incentives more feasible and
compatible with existing development. Base zoning standards apply unless
specifically modified by this section and are in addition to modifications authorized in
subsection 21A.52.050.G. If there are conflicts with design standards, the more
restrictive regulation shall apply and take precedence. These standards are not
allowed to be modified through the planned development process.
1. Modifications in the FR-1, FR-2, FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2,
SR-1, SR-1A, and SR-3 zoning districts:
a.Parking: Unless there is a lesser parking requirement in 21A.44, only
one off-street parking space per unit is required. One detached garage
23
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
or covered parking space, no greater than 250 sq. ft. per unit, may be
provided for each unit and these structure(s) may exceed the yard and
building coverage requirements for accessory structures. When
covered parking is provided, the 250 sq. ft. per unit of covered parking
may be combined into a single structure for each required parking stall
provided.
Yards: Minimum required yards shall apply to the perimeter of the
development and not to the individual principal buildings within the
development.
b.
c.Density:
(1)Lots approved through a planned development prior to the
effective date of this chapter are required to go through a major
modification of the planned development to use the incentives.
Lots may contain up to four units. Existing lots may be
divided such that each unit is on its own lot. The new lots are
exempt from minimum lot area, lot width, and lot frontage
requirements.
(2)
(3)
(4)
An accessory dwelling unit (ADU) is considered one unit and
counts toward the number of units permitted.
Arrangement of dwellings:
(A)New dwelling units may be arranged in any manner
within a building, as a second detached dwelling, as
attached units, or a cottage development with three or
more detached dwellings, within the buildings that are
part of the cottage development.
(B)When an existing building is maintained, new units
may be added internal to the existing structure, as an
addition, or as a second detached dwelling. Any
addition must comply with the standards of the base
zoning district; however, the addition may contain
additional units. 50% of the exterior walls of the
existing dwelling, including the front elevation, shall
remain as exterior walls.
(C)The units shall comply with this section, applicable
requirements of the base zoning district, and any
applicable overlay district.
2. Within the RMF-30, RMF-35, RMF-45 and RMF-75 zoning districts the
following provisions shall apply:
a.Unit Mix: No more than 25% of the units in the development shall be
less than 500 square feet to promote a mix of unit sizes.
Parking: Unless there is a lesser parking requirement in 21A.44, only
one off-street parking space per unit is required in multifamily
developments with less than 10 units.
b.
24
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
c.Yards: The minimum required yards shall apply to the perimeter of the
development and not to the individual principal buildings within the
development.
d.Lot width: Minimum lot width requirements do not apply.
3. In addition to applicable requirements in 1. and 2. above, the following provisions
apply to the specific building types listed:
a.Row house and Sideways row house
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard of
the base zoning district apply.
(B) Side yards: A minimum of 10 feet on one side of the
building and 6 feet on the other interior side yard
unless a greater yard is required by the base zoning
district
(C) Rear yard: The rear yard of the base zoning district
applies.
(2) Number of Units: To qualify for incentives in the FR-1, FR-2,
FR-3, R-1/12,000, R-1/7,000, R-1/5,000, R-2, SR-1, and SR-
1A zoning districts there is a minimum of three and a
maximum of four residential dwelling units per building.
(3) Building length facing street:
(A) The building length shall not exceed 60 feet or the
average of the block face, whichever is less, in FR-1,
FR-2, FR-3, R -1/12,000, R-1/7,000, R-1/5,000, R-
2, SR-1, and SR-1A districts;
(B) The building length shall not exceed 100 feet in the
RMF-30, RMF-35, RMF-45 and RMF-75 districts;
and
(C) The building length shall not exceed 175 feet in other
zoning districts.
(4) Building entry facing street: At least one operable building
entrance on the ground floor is required for each unit facing
the primary street facing façade. All units adjacent to a
public street shall have the primary entrance on the street
facing façade of the building with an unenclosed entry porch,
canopy, or awning feature. The entry feature may encroach in
the front yard setback, but the encroachment shall not be
closer than 5 feet from the front property line.
(5) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the facade adjacent to a street. Other materials proposed to
satisfy the durable requirement may be approved at the
discretion of the Planning Director if it is found that the
25
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
proposed material is durable and is appropriate for the
structure.
(6) Parking requirement and location: Unless there is a lesser
parking requirement in 21A.44, only one off-street parking
space per unit is required. All provided parking shall be
located to the side of the street facing building façade, behind
a principal structure that has frontage on a street, or within
the principal structure subject to any other applicable
provision.
(7) Garage doors facing street: Garage doors are prohibited on
the façade of the building that is parallel to, or located along,
a public street.
(8) Personal outdoor space: Each unit shall have a minimum
outdoor space of 60 square feet where the minimum
measurement of any side cannot be less than 6 feet.
(9) Glass: The surface area of the façade of each floor facing a
street must contain a minimum of 15% glass.
(10) Blank wall: The maximum length of any blank wall
uninterrupted by windows, doors, or architectural detailing at
the ground floor level along any street facing façade is 15’.
(11) Screening of mechanical equipment: All mechanical
equipment shall be screened from public view and sited to
minimize their visibility and impact. Examples of siting
include on the roof, enclosed or otherwise integrated into the
architectural design of the building, or in a rear or side yard
area subject to yard location restrictions found in section
21A.36.020, table 21A.36.020B, “Obstructions In Required
Yards” of this title.
Illustration for 21A.52.050.E.3.a.1 Required Setbacks for Public Street Facing Row House
598
599 Illustration for 21A.52.050.E.3.b.1 Required Setbacks for Sideways Row House
26
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
b.Cottage Development
(1) Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard of the
base zoning district apply.
(B) Side yards: A minimum of 10 feet on one side of the
property line and 6 feet on the other interior side yard,
unless a greater yard is required by the base zoning
district.
(C) Rear yard: The rear yard of the base zoning district
applies.
(2) Setbacks Between Individual Cottages: All cottages shall have
a minimum setback of eight feet from another cottage.
(3) Area: No cottage shall have more than 850 square feet of gross
floor area, excluding basement area. There is no minimum
square foot requirement.
(4) Building Entrance: All building entrances shall face a public
street or a common open space.
(5) Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the facade adjacent to a street. Other materials proposed to
satisfy the durable requirement may be approved at the
discretion of the Planning Director if it is found that the
27
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
proposed material is durable and is appropriate for the
structure.
(6)
(7)
Open Space: A minimum of 250 square feet of common, open
space is required per cottage. At least 50% of the open space
shall be in a courtyard or other common, usable open space.
The development shall include landscaping, walkways or other
amenities intended to serve the residents of the development.
Personal Outdoor Space: In addition to the open space
requirement in this section, a minimum of 120 square feet of
private open space is required per cottage. The open space
shall provide a private yard area for each cottage and will be
separated with a fence, hedge, or other visual separation to
distinguish the private space.
Parking: Unless there is a lesser parking requirement in
21A.44, one off-street parking space per unit is required. All
provided parking shall be located to the side of a street facing
building façade, behind a principal structure that has frontage
on a street, or within the principal structure subject to any other
applicable provision.
(8)
c. In addition to applicable requirements in 21A.52.050.H above, the
following provisions apply to all other buildings containing more than two
residential units. If the base zone has a greater design standard
requirement, that standard applies.
(1)Perimeter yard requirements:
(A) Front yards: The front yard and corner side yard
setback of the base zoning district apply.
(B) Side yards: For housing types not otherwise allowed in
the zoning district, a minimum of 10 feet on each side
property line, unless a greater setback is required for
single-family homes.
(C) Rear yards: The rear yard of the base zoning district
applies.
Building entrances: The ground floor shall have a primary
entrance on the street facing façade of the building with an
unenclosed entry porch, canopy, or awning feature. Stairs to
second floor units are not permitted on street facing elevations.
Glass: The surface area of the façade of each floor facing a
street must contain a minimum of 15% glass.
Building materials: 50% of any street facing facade shall be
clad in durable materials. Durable materials include stone,
brick, masonry, textured or patterned concrete, and fiber
cement board. Other materials may be used for the remainder
of the facade adjacent to a street. Other materials proposed to
satisfy the durable requirement may be approved at the
discretion of the Planning Director if it is found that the
(2)
(3)
(4)
28
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
proposed material is durable and is appropriate for the
structure.
Open space: Open space area may include landscaped yards,
patios, dining areas, and other similar outdoor living spaces.
All required open space areas shall be accessible to all
residents or users of the building.
(A) Single- and two-family zoning districts: 120 sq. ft. of
open space with a minimum width of 6 ft. shall be
provided for each building with a dwelling.
(B) All other zoning districts: A minimum of 10% of the
land area within the development shall be open space,
up to 5,000 square feet. Open space may include
courtyards, rooftop and terrace gardens and other
similar types of open space amenities. All required
open space areas shall be accessible to all residents or
users of the building.
(5)
d. Single- and Two-family Dwellings: No additional design standards except
as identified in 21A.24.
e. Unit Limits: For overall development sites with more than 125 units, no
more than 50% of units shall be designated as affordable units.
f. Lots without public street frontage may be created to accommodate
developments without planned development approval subject to the
following standards:
(1)Required yards shall be applied to the overall development
site not individual lots within the development. The front and
corner yards of the perimeter shall be maintained as landscaped
yards;
Lot coverage shall be calculated for the overall development
not individual lots within the development; and
Required off street parking stalls for a unit within the
development are permitted on any lot within the development.
The subdivision shall be finalized with a final plat and the final
plat shall document that the new lot(s) has adequate access to a
public street by way of easements or a shared driveway or
private street; and
(2)
(3)
(4)
(5)An entity, such as a homeowner association, must be
established for the operation and maintenance of any common
infrastructure. Documentation establishing that entity must be
recorded with the final plat.
SECTION 17. Amending the text of Salt Lake City Code Subsection 21A.55.010.C.1. That
Subsection 21A.55.010.C.1 of the Salt Lake City Code (Zoning: Planned Developments: Purpose
Statements) shall be and hereby is amended to read as follows:
711
712
29
713
714
715
716
717
1.At least twenty percent (20%) of the housing must be for those with incomes that are at
or below eighty percent (80%) of the area median income. Affordable housing that meets
the requirements of 21A.52.050.
SECTION 18. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section
718 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and
719
720
hereby is amended to add the following terms in the list of defined terms to be inserted into that list
in alphabetical order:
721
722
723
724
725
726
727
728
Affordable Housing
Affordable Housing Incentives Development
Dwelling, Three-family
Dwelling, Four-family
Dwelling, Row House
Dwelling, Sideways Row House
Dwelling, Cottage Development
729
730
731
732
733
734
SECTION 19. Amending the Text of Salt Lake City Code Section 21A.62.040. That
Section 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall
be and hereby is amended as follows:
a. Adding the definition of “AFFORDABLE HOUSING.” That the definition of
“AFFORDABLE HOUSING” be added and inserted into the list of definitions in
alphabetical order and read as follows:
735
736
737
738
739
740
741
742
743
744
745
746
AFFORDABLE HOUSING: Affordable housing shall be both income and, as applicable,
rent-restricted. The affordable units shall be made available only to individuals and
households that are qualifying occupants at or below the applicable percentage of the area
median income for the Salt Lake City Utah, U.S. Department of Housing and Urban
Development (“HUD”) Metro FMR Area the “SLC Area Median Income” or “AMI”, as
periodically determined by HUD and adjusted for household size) and published by the Utah
Housing Corporation, or its successor. Affordable (30% of gross income for housing costs,
including utilities) housing units must accommodate at least one of the following categories:
a. Extremely Low-Income Affordable Units: Housing units accommodating up to
30% AMI;
b. Very Low-Income Affordable Units: Housing units accommodating up to greater than
30% and up to 50% AMI; or
30
747
748
749
750
c. Low-Income Affordable Units: Housing units accommodating greater than 50% and
up to 80% AMI.
b. Adding the definition of “AFFORDABLE HOUSING INCENTIVES
DEVELOPMENT.” That the definition of “AFFORDABLE HOUSING INCENTIVES
DEVELOPMENT” be added and inserted into the list of definitions in alphabetical order
and read as follows:
751
752
753
754
755
756
757
AFFORDABLE HOUSING INCENTIVES DEVELOPMENT: A housing development that
meets the criteria in 21A.52.050.
c. Adding the definition of “DWELLING, THREE-FAMILY.” That the definition of
“DWELLING, THREE-FAMILY” be added and inserted into the list of definitions in
alphabetical order and read as follows:
758
759
760 DWELLING, THREE-FAMILY: A detached building containing three dwelling units.
761
762
763
764
d. Adding the definition of “DWELLING, FOUR-FAMILY.” That the definition of
“DWELLING, FOUR-FAMILY” be added and inserted into the list of definitions in
alphabetical order and read as follows:
DWELLING, FOUR-FAMILY: A detached building containing four dwelling units.
765
766
767
e. Adding the definition of “DWELLING, ROW HOUSE.” That the definition of
“DWELLING, ROW HOUSE” be added and inserted into the list of definitions in
alphabetical order and read as follows:
768
769
770
771
DWELLING, ROW HOUSE: A series of attached single-family dwellings that share at least
one common wall with an adjacent dwelling unit and where the entry of each unit faces a
public street. Units may be stacked vertically and/or attached horizontally. Each attached unit
may be on its own lot.
772
773
774
f. Adding the definition of “DWELLING, SIDEWAYS ROW HOUSE.” That the definition
of “DWELLING, SIDEWAYS ROW HOUSE” be added and inserted into the list of
definitions in alphabetical order and read as follows:
31
775
776
777
778
DWELLING, SIDEWAYS ROW HOUSE: A series of attached single-family dwellings that
share at least one common wall with an adjacent dwelling unit and where the entry of each
unit faces a side yard as opposed to the front yard. Units may be stacked vertically and/or
attached horizontally. Each attached unit may be on its own lot.
779
780
781
g. Adding the definition of “DWELLING, COTTAGE DEVELOPMENT.” That the
definition of “DWELLING, COTTAGE DEVELOPMENT” be added and inserted into
the list of definitions in alphabetical order and read as follows:
782
783
784
785
DWELLING, COTTAGE DEVELOPMENT: A cottage development is a unified
development that contains a minimum of two and a maximum of eight detached dwelling
units with each unit appearing to be a small single-family dwelling with a common green or
open space. Dwellings may be located on separate lots or grouped on one lot.
786
787 SECTION 20. That the “ZONING FEES” section of the Salt Lake City Consolidated Fee
Schedule shall be, and hereby is, amended, in pertinent part, to add the fees set forth in the
attached Exhibit A, and that a copy of the amended Salt Lake City Consolidated Fee Schedule
shall be published on the official Salt Lake City website.
788
789
790
791
792
SECTION 21. Effective Date. This Ordinance shall become effective on the date of its first
publication.
793
794
795
796
797
798
799
800
Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2023.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
801
802
803
804
32
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed
______________________________
MAYOR
______________________________
CITY RECORDER APPROVED AS TO FORM
Salt Lake City Attorney’s Office
(SEAL)
Date:___________________________
Bill No. ________ of 2023.
Published: ______________.By: ____________________________
Katherine D. Pasker, Senior City Attorney822823Ordinance creating zoning incentives and affordable housing incentives
33
824 EXHIBIT A
825
826
Service Fee Additional Information Section
Affordable Housing Incentives Fines
Noncompliance violation $100/affordable Plus rental difference
unit/day
21A.20.040.B
827
34
2. CHRONOLOGY
ERIN MENDENHALL
Mayor
DEPARTMENT of COMMUNITY
and NEIGHBORHOODS
Blake Thomas
Director
PROJECT CHRONOLOGY
Petition: PLNPCM2019-00658
July 15, 2019 Petition initiated by Mayor Jackie Biskupski
Petition assigned to Sara JavoronokJuly 15, 2019
December 3, 2019 First survey posted. Notice emailed to listserv and posted on social media
accounts.
June 25, 2020
June 26, 2020
Notice mailed to all Community Councils.
StoryMap with framework for proposal and survey posted. Notice
emailed to listservs and posted on city social media accounts.
July 9, 2020 Planning staff held an AMA/Q&A discussion on Facebook Live.
July 20, 2020 Planning staff discussed the proposal at the Sugar House Land Use and
Zoning meeting.
August 6, 2020 Planning staff discussed the proposal at the Ball Park Community Council
meeting.
January 28, 2022
February 16, 2022
March 3, 2022
Project website updated and Project Update notice emailed to listservs.
Planning staff held a second AMA/Q&A on Facebook Live.
Second notice mailed to all Community Councils. Planning staff met with
seven Community Councils in March and April 2022.
March 16, 2022
March 21, 2022
April 2022
Planning staff discussed the proposal at the East Bench Community
Council meeting.
Planning staff discussed the proposal at the Sugar House Land Use
Committee meeting.
Flyer mailed to 99,832 commercial and residential addresses in Salt Lake
City and owners outside of the city.
April 5, 2022
April 5, 2022
Open House held at Sugar House Fire Station #3.
Planning staff hosted Virtual Office Hours on an open Zoom meeting to
answer questions.
April 7, 2022 Planning staff discussed the proposal at the Ball Park Community Council
meeting.
April 12, 2022
April 13, 2022
Open House held at the Unity Center
Planning staff discussed the proposal at the Jordan Meadows/Westpointe
Community Council meeting.
April 14, 2022
April 14, 2022
Planning staff hosted Virtual Office Hours on an open Zoom meeting to
answer questions.
Planning staff discussed the proposal at the Yalecrest Community Council
meeting.
April 19, 2022
April 21, 2022
April 29, 2022
Open House held at Riverside Park
Open House held at Lindsey Gardens Park
Planning Commission agenda posted to the website and notice emailed to
listserv.
May 4, 2022 Planning staff discussed the proposal at the Greater Avenues Community
Council meeting
May 6, 2022 Staff report posted to Planning’s website
May 11, 2022
October 25, 2022
March 16, 2023
Planning Commission Meeting and Public Hearing. The item was tabled.
First of four Focus Group Meetings
Planning staff discussed the proposal at the Salt Lake City Community
Network meeting.
March 22, 2023
March 29, 2023
April 6, 2023
Planning Commission Briefing
Planning Commission Work Session
Historic Landmark Commission Work Session
April 14, 2023 Planning Commission agenda posted to the website and notice emailed to
the listserv.
April 21, 2023
April 26, 2023
Staff report posted to Planning’s website
Planning Commission forwards a positive recommendation to the City
Council
3. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2019-00658 – A petition initiated
by former Mayor Jackie Biskupski to amend the Salt Lake City Zoning Code to add a new
chapter with Affordable Housing Incentives. The proposed amendments are to incentivize and
reduce barriers for affordable housing. The incentives include administrative Design Review and
additional building height in various zoning districts, Planned Development requirement
modifications, removal of the density requirements in the RMF zoning districts, and additional
dwelling types in various zoning districts. The proposed amendments involve multiple chapters
of the Zoning Ordinance. Related provisions of Title 21A Zoning amended as part of this
petition. The changes would apply Citywide. The City Council may consider modifications to
other related sections of the code as part of this proposal.
DATE: Date #1 and Date #2
TIME: 7:00 p.m.
All persons interested and present will be given an opportunity to be heard in this matter.
his meeting will be held via electronic means, while potentially also providing for an in
person opportunity to attend or participate in the hearing at the City and County
Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. If you are
interested in participating during the Public Hearing portion of the meeting, please visit the
website www.slc.gov/council/virtual-meetings/ or call 801-535-7654 to obtain connection
information.
Comments may also be provided by calling the 24-Hour comment line at (801)535-7654 or
sending an email to council.comments@slcgov.com. All comments received through any
source are shared with the Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call
Sara Javoronok at 801-535-7625 between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday or via e-mail sara.javoronok@slcgov.com. The application details can be
accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the
petition number PLNPCM2019-00658 or on the project page at
https://www.slc.gov/planning/2023/03/08/affordable-housing/.
People with disabilities may make requests for reasonable accommodation no later than 48 hours in
advance in order to participate in this hearing. Please make requests at least two business days in advance.
To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-
7600, or relay service 711.
4. PETITION
INITIATION REQUEST
5. ADDITIONAL DEPARTMENT COMMENTS
Kristeen Beitel, Public Utilities
When weighing increased densification as an incentive for affordable housing, it is important for
applicants to consider the potential increase in construction costs resulting from required offsite
utility improvements. Densification may place greater demands on water, sewer, and storm
drain systems, which could exceed the capacity of the existing infrastructure. Property owners
and developers may be required to upgrade the offsite public utilities to ensure sufficient
capacity for the new developments.
6. PUBLIC COMMENT RECEIVED AFTER
PLANNING COMMISSION STAFF REPORT
POSTED
From:Clark, Aubrey
To:Turner Bitton; Planning Public Comments
Subject:
Date:
RE: (EXTERNAL) Supportive Comments for Affordable Housing Incentives Public Hearing
Wednesday, April 26, 2023 5:58:07 PM
Attachments:image001.png
Turner,
Thank you for submitting your comments. I have forwarded it to the Planning Commission, and it
will be shared during the public hearing.
Thanks,
Aubrey Clark | (She/Her/Hers)
Administrative Assistant
PLANNING DIVISION | SALT LAKE CITY CORPORATION
Direct: (801) 535-7759 or Mobile: (385) 415-4701
Email: Aubrey.Clark@slcgov.com
WWW.SLC.GOV/PLANNING WWW.SLC.GOV
Disclaimer: The Planning Division strives to give the best customer service possible and to respond to questions as accurately
as possible based upon the information provided. However, answers given at the counter and/or prior to application are not
binding and they are not a substitute for formal Final Action, which may only occur in response to a complete application to
the Planning Division. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest
any property with development rights.
From: Turner Bitton
Sent: Wednesday, April 26, 2023 5:52 PM
To: Planning Public Comments <planning.comments@slcgov.com>
Subject: (EXTERNAL) Supportive Comments for Affordable Housing Incentives Public Hearing
Caution: This is an external email. Please be cautious when clicking links or opening attachments.
Hello,
I had planned to attend tonight’s planning commission digitally but learned that there is no longer a digital
attendance option and I’m at Disneyland so I can’t make it. I wanted to make sure that our support for the
Affordable Housing Incentives was formally submitted. In addition to our formal support, I would like to submit
this statement for the record:
“SLC Neighbors for More Neighbors supports the Affordable Housing Incentives, however based on
estimates in the current proposal, we are concerned that projects in single-family neighborhoods will not
be financially viability. If the city is serious about promoting the construction of more housing in high-
opportunity single-family neighborhoods, some of the current conditions that make those projects
financially unfeasible should be removed.
The Scenarios in Attachment G show that there is virtually no economic incentive for market rate
developers to pursue the AHI’s. However, it has the potential to add more affordable units on SELECT
projects that are already pursuing LIHTC’s
Especially in multi-family districts, density bonuses need to take into account building code requirements,
for example that the maximum number of stories that can be built with a wood-frame structure is five. If
the density bonus provided forces builders to use a steel-frame construction technique, the economic
benefits of an extra floor of apartments does not overcome the extra cost of using expensive construction
materials.
In addition, to make the incentives more functional, the incentives should be changed to:
1) Allow lots to be split and to allow for the sale of separate units.
2) Eliminate ALL parking requirements for projects that meet the threshold for the incentives. This would
make many projects more affordable, especially in higher density zones.
3) In multi-family districts near rail transit, the incentives in terms of FAR (floor area ratio) and height limits
should be much stronger to (a) make more projects financially viable and (b) locate more residents and
businesses near rail.
Overall, the incentives should be increased to find a broader mix of incentives that produce positive results
for market rate developers considering adding affordable units to projects.”
Thanks,
Turner C. Bitton (he/him)
Executive Director
SLC Neighbors for More Neighbors
www.slcneighbors.org
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 10/19/2023
Rachel Otto, Chief of Staff
Date Sent to Council: 10/19/2023
TO: Salt Lake City Council DATE 10/19/2023
Darin Mano, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT: Board Appointment Recommendation: Public Utilities Advisory Committee
STAFF CONTACT: April Patterson
April.Patterson@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Public Utilities Advisory
Committee
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Browne Sebright member of
the Public Utilities Advisory Committee.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM
TEL 801-535-7704
October 19, 2023
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, UT 84114
Dear Council Member Mano,
Listed below is my recommendation for the membership appointment for Public Utilities
Advisory Committee.
Browne Sebright to be appointed for a four year term starting from date of City Council
advice and consent and ending on the January 17, 2028.
I respectfully ask for your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
cc: file
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 10/19/2023
Rachel Otto, Chief of Staff
Date Sent to Council: 10/19/2023
TO: Salt Lake City Council DATE 10/19/2023
Darin Mano, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT: Board Appointment Recommendation: Public Utilities Advisory Committee
STAFF CONTACT: April Patterson
April.Patterson@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Public Utilities Advisory
Committee
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Christopher Shope member of
the Public Utilities Advisory Committee.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
October 19, 2023
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, UT 84114
Dear Council Member Mano,
Listed below is my recommendation for the membership appointment for Public Utilities
Advisory Committee.
Christopher Shope to be appointed for a four year term starting from date of City Council advice
and consent and ending on the January 17, 2028.
I respectfully ask for your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
cc: file
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 10/27/2023
Rachel Otto, Chief of Staff
Date Sent to Council: 10/27/2023
TO: Salt Lake City Council DATE 10/27/2023
Darin Mano, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT: Board Appointment Recommendation: Public Utilities Advisory Committee
STAFF CONTACT: April Patterson
April.Patterson@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Public Utilities Advisory
Committee
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Terry Marasco member of the
Public Utilities Advisory Committee.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
October 27, 2023
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, UT 84114
Dear Council Member Mano,
Listed below is my recommendation for the membership appointment for Public Utilities
Advisory Committee.
Terry Marasco to be appointed for a four year term starting from date of City Council advice and
consent and ending on the January 17, 2028.
I respectfully ask for your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
cc: file
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________
Rachel Otto, Chief of Staff
Date Received: 10/19/2023 Date
Sent to Council: 10/19/2023
TO: Salt Lake City Council DATE 10/19/2023
Darin Mano, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT: Board Appointment Recommendation: Community Development and Capitol
Improvement Programs Advisory Board
STAFF CONTACT: April Patterson
April.Patterson@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Community Development
and Capitol Improvement Programs Advisory Board
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Devon Schechinger member of
the Community Development and Capitol Improvement Programs Advisory Board.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM
TEL 801-535-7704
October 19, 2023
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, UT 84114
Dear Council Member Mano,
Listed below is my recommendation for the membership appointment for Community
Development and Capitol Improvement Programs Advisory Board.
Devon Schechinger to be appointed for a three year term starting from date of City Council
advice and consent and ending on the first Monday in June 2026.
I respectfully ask for your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
cc: file
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________
Rachel Otto, Chief of Staff
Date Received: 10/19/2023 Date
Sent to Council: 10/19/2023
TO: Salt Lake City Council DATE 10/19/2023
Darin Mano, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT: Board Appointment Recommendation: Community Development and Capitol
Improvement Programs Advisory Board
STAFF CONTACT: April Patterson
April.Patterson@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Community Development
and Capitol Improvement Programs Advisory Board
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Andrea Schaefer member of the
Community Development and Capitol Improvement Programs Advisory Board.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM
TEL 801-535-7704
October 19, 2023
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, UT 84114
Dear Council Member Mano,
Listed below is my recommendation for the membership appointment for Community
Development and Capitol Improvement Programs Advisory Board.
Andrea Schaefer to be appointed for a three year term starting from date of City Council
advice and consent and ending on the first Monday in June 2026.
I respectfully ask for your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
cc: file
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received: 10/20/2023
Rachel Otto, Chief of Staff
Date Sent to Council: 10/20/2023
TO: Salt Lake City Council DATE 10/20/2023
Darin Mano, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT: Board Appointment Recommendation: Transportation Advisory Board
STAFF CONTACT: April Patterson
April.Patterson@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: Transportation Advisory
Board
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Craig Buschmann member of
the Transportation Advisory Board.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
October 20, 2023
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, UT 84114
Dear Council Member Mano,
Listed below is my recommendation for the membership appointment for Transportation
Advisory Board.
Craig Buschmann to be appointed for a three year term starting from date of City Council advice
and consent and ending on the September 28, 2026.
I respectfully ask for your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
cc: file
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________
Rachel Otto, Chief of Staff
Date Received: 11/1/2023
Date Sent to Council: 11/1/2023
TO: Salt Lake City Council DATE 11/1/2023
Darin Mano, Chair
FROM: Rachel Otto, Chief of Staff
Office of the Mayor
SUBJECT: Board Appointment Recommendation: City and County Building Conservation and
Use Committee
STAFF CONTACT: April Patterson
April.Patterson@slcgov.com
DOCUMENT TYPE: Board Appointment Recommendation: City and County Building
Conservation and Use Committee
RECOMMENDATION: The Administration recommends the Council consider the
recommendation in the attached letter from the Mayor and appoint Travis Sheppard member of the
City and County Building Conservation and Use Committee.
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM
TEL 801-535-7704
November 1, 2023
Salt Lake City Council
451 S State Street Room 304
PO Box 145476
Salt Lake City, UT 84114
Dear Council Member Mano,
Listed below is my recommendation for the membership appointment for City and County
Building Conservation and Use Committee.
Travis Sheppard to be appointed for a four year term starting from date of City Council advice
and consent and ending on the July 19, 2027.
I respectfully ask for your consideration and support for this appointment.
Respectfully,
Erin Mendenhall, Mayor
cc: file
Item B8
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 7, 2023
RE: 1518 South 300 West Alley Vacation
PLNPCM2023-000408
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 7, 2023
RE: 1518 South 300 West Alley Vacation
PLNPCM2023-000408
BRIEFING UPDATE
During the October 17, 2023 briefing, Council Members discussed the proposed walkway through a future
development on the site. Adding vehicular access to the walkway was mentioned to help alleviate
difficulties driving in this area due to 400 West being closed, and a nearby abandoned rail line. A Council
Member stated their preference for keeping the walkway as proposed for pedestrians and bicycles only and
remarked that not allowing vehicles to access the walkway would make the area quieter for residents. The
petitioner felt strongly that pedestrian access better meets the City’s midblock walkway goals than adding
vehicular access to the walkway.
Council Members also discussed street activation. A desire was expressed for the majority of the 300 West
façade’s ground floor to be retail and restaurant space with no parking access on that street. Apartment and
parking access, lobbies, and amenities would be provided on Andrew and Van Buren Avenues.
After the briefing, the petitioner followed up with staff indicating that including additional width to allow
vehicular access would make it unfeasible to develop the project. Their preference is to keep the proposal as
is with an approximately 20-foot-wide walkway through the development.
A second option would provide vehicle access for the public through the western building’s parking garage
between Andrew and Van Buren Avenues from 7 am to 8 pm seven days a week. This would result in the
loss of some amenity space and parking. The proposal would maintain this access until a potential future
development connects Andrew and Van Buren Avenues via a road. The image below shows the proposed
vehicle access through the parking garage.
Item Schedule:
Briefing: October 17, 2023
Set Date: October 17, 2023
Public Hearing: November 7, 2023
Potential Action: November 14, 2023
Page | 2
The following information was provided for the October 17, 2023 Council briefing and
public hearing. It is included again for background purposes.
ISSUE AT-A-GLANCE
The Council will be briefed about a proposal to vacate two City-owned alleys near the above address, west
of 300 West and between Andrew and Van Buren Avenues in Council District Five as shown in the image
below provided by the Planning Division. One alley (referred to from this point as “Alley A”) runs
north/south between Andrew and Van Buren Avenues. It is approximately 16.5 feet wide and 149 feet long.
The other alley (referred to from this point as “Alley B”) runs
east/west between 300 West and the east property line of 352
West Van Buren Avenue. It is approximately 16.5 feet wide
and 300 feet long. The petitioner owns all seven parcels that
abut the subject alleys.
Alley B previously continued to 400 West before that street
and a portion of the alley were vacated in 1974. Another
segment of the alley was closed in 1997, resulting in the
current alley configuration.
Alley A is paved and appears to be used as parking for a
towing yard and auto body shop at 325 West Andrew Avenue.
It is fenced off and obstructs access to the western portion of
Alley B. Alley B is gravel and passable to the point where it
intersects with Alley A. West of the alley intersection, Alley B
Page | 3
is fenced off, restricting public access. The portion of Alley B west of the fence has deteriorated pavement,
making it no longer passable.
The petitioner proposes demolition of buildings abutting the subject alleys and incorporating the alley
property into a multi-family development. That potential development is not part of the alley vacation
petition before the Council and will not come to the Council as there is not a request to rezone the property.
Applications for design review and planned development have been submitted to the Planning Division and
will be reviewed by the Planning Commission in the future.
Image showing abutting parcels owned by the petitioner’s client outlined in yellow.
Area zoning is CG (General Commercial).
Image courtesy of Salt Lake City Planning Division
The Planning Commission reviewed this petition during its August 23, 2o23 meeting and held a public
hearing at which the petitioner was the only person who spoke. The Commission followed Planning staff’s
recommendation and voted 7-0 to forward a positive recommendation to the Council for the proposed alley
vacations, with the following conditions:
•The property owner enters into a development agreement with the City that requires creation of a
public access midblock walkway between Andrew and Van Buren Avenues where the midblock
walkway is between buildings on both the east and west sides that are in common ownership.
•No portion of the alleys shall purport to be conveyed until at least 60 days after a final decision by
the City Council.
During City department and division review of the alley vacation petition, no responding department or
division objected to the proposed alley vacation. Public Utilities noted that there is a water meter on 300
West near Alley B, and it must remain in the public right-of-way.
Goal of the briefing: To review the proposed alley closure, address questions Council Members may
have and prepare for a public hearing.
POLICY QUESTION
Page | 4
1. Does the Council support the Planning Commission’s recommended conditions relating to the mid-
block walkway for the alley closures?
ADDITONAL INFORMATION
Alley vacation requests receive three phases of review, as outlined in section 14.52.030 Salt Lake City Code
(see pages 6-7 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.
Quiet Title Claim
The alleys proposed to be vacated were the subject of a 2022 quiet title lawsuit to confirm ownership of the
alley property. A judgement granted title to the alley property to the applicant, but the City was not named
or served as part of the lawsuit, so the judgement is not binding on the City.
The judgement was recorded by Salt Lake County and the alley property was mistakenly identified by the
County as belonging to the applicant. To clarify that the alley property is still owned by Salt Lake City, a
notice of public alleys (found in Attachment D (pages 27-30 of the Planning Commission staff report)) was
required of the applicant. It is being held in escrow by the City Attorney’s Office pending the City Council’s
decision on the proposed alley vacation request.
Key Considerations
Planning staff identified five key considerations connected to this alley vacation. A short description of
each issue is provided below for reference. Please see pages 5-6 of the Planning Commission staff report for
full analysis of these issues.
Consideration 1: Property Owner Consent
Section 14.52.030.A.1 Salt Lake City Code requires a minimum of 75% of abutting property owners sign a
petition to vacate a City owned alley. As noted above, all seven abutting parcels are owned by the
petitioner’s client.
Consideration 2: Policy Considerations
Planning staff found the fenced off portion of Alley B satisfies policy consideration C-Urban Design as
outlined in Section 14.52.020 Salt Lake City Code. Alley A and the eastern portion of Alley B could satisfy
policy consideration B-Public Safety, based on comments received from the Police Department and
Sustainability, though the petitioner did not raise this as a concern.
Consideration 3: Master Plan Considerations
Planning staff noted that the Central Community Master Plan does not address alley vacations within the
People’s Freeway area where the alleys are located. However, the master plan and Plan Salt Lake both
recommend midblock walkways for pedestrian connections.
It is Planning staff’s opinion that a midblock private right-of-way connecting Andrew and Van Buren
Avenues could break up the block. They also suggested that Alley A property could be vacated in exchange
for this midblock connection.
Consideration 4: Nature of the Alley
As discussed above, Planning staff found that Alley A is fenced off and used as parking for an adjacent
business, so not accessible to the public. Alley B is mostly gravel, and partially accessible to the public.
Page | 5
Beyond the fence, it is used for outdoor storage and parking. The surface is deteriorated and likely not
passable. That section is not currently publicly accessible.
Consideration 5: Future Public Use of the Alley
Alley vacation proposals generally include considering potential beneficial future uses of the alley for trails,
ADU or garage access, and to retain access for utilities and services.
If the gate blocking Alley A was removed and vehicles and other items stored there were cleared out, this
alley could provide access from Andrew Avenue to the interior of the block, but it does not extend through
to Van Buren Avenue. An option to consider is a development agreement requiring replacing the alley with
a private right-of-way that provides a mid-block connection between Andrew and Van Buren Avenues. This
would break up the large block and provide access beyond what the alley could. Planning staff determined
preserving Alley B would not implement good urban design.
ANALYSIS OF STANDARDS
Attachment E (pages 35-39 of the Planning Commission staff report) is an analysis of factors City Code
requires the Planning Commission to consider for alley vacations (Sections 14.52.020/.030.B Salt Lake
City Code). In addition to the information above, other factors are summarized below.
14.52.020 - The City will not consider disposing of its interest in an alley, in whole or in part, unless it
receives a petition in writing which demonstrates that the disposition satisfies at least one of the following
policy considerations:
A - Lack of Use- The City’s legal interest in the property appears of record or is reflected on an applicable
plat; however, it is evident from an on-site inspection that the alley does not physically exist or has been
materially blocked in a way that renders it unusable as a public right-of-way.
B - Public Safety- The existence of the alley is substantially contributing to crime, unlawful activity or
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.
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.
Planning staff found the requested Alley A vacation complies with policy considerations C-Urban Design, with a
condition that a mid-block connection between Andrew and Van Buren Avenues is constructed. Planning found
the requested Alley B vacation also complies with policy consideration C-Urban Design.
14.52.030.B - A positive recommendation from the Planning Commission to the City Council should include an
analysis of the following factors:
Factor Planning Staff Finding
The City Police Department, Fire
Department, Transportation
Division, and all other relevant City
Departments and Divisions have no
objection to the proposed disposition
of the property;
Complies
The petition meets at least one of the
policy considerations stated above;
Alley A: Complies, with
conditions discussed above.
Alley B: Complies
Page | 6
The petition must not deny sole
access or required off-street parking
to any adjacent property;
Complies
The petition will not result in any
property being landlocked;
Complies
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;
Alley A: Complies, with
conditions discussed above.
Alley B: Complies
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;
Complies
The petition furthers the City’s
preference for disposing of an entire
alley, rather than a small segment of
it; and
Complies
The alley is not necessary for actual
or potential rear access to residences
or for accessory uses.
Complies
PUBLIC PROCESS
May 26, 2023 - Petition received by Planning Division.
May 31, 2023 – Petition assigned to Michael McNamee, Principal Planner.
June 9, 2023 - Planning 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.
June 14, 2023 - Information about the proposal was sent to the Chair of the Ballpark Community Council
to solicit public comments and start the 45-day Recognized Organization input and comment period.
July 31, 2023 - The 45-day public comment period for Recognized Organizations ended. No formal
comments have been submitted to staff by the recognized organizations to date related to this proposal.
August 9, 2023 - Public notice posted on City and State websites and sent via the Planning list serve for the
Planning Commission meeting of June 28, 2023. Public hearing notice mailed.
August 13, 2023 - Public hearing notice sign with project information and notice of the Planning
Commission public hearing physically posted on the property.
Page | 7
August 23, 2023 - Planning Commission review and public hearing. The Commission voted 7-0 to forward
a positive recommendation to the City Council for the proposed alley vacations, with conditions.
August 24, 2023 - Ordinance requested from the Attorney’s Office.
September 14, 2023 - Signed ordinance sent to Planning Division from Attorney’s Office.
October 9, 2023 - Transmittal received in City Council Office
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;
Page | 8
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
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.
Page | 9
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.
UP
1
A.300
3
A.300
2
A.300
STAIRELEV
STAIR
ELEV
LO
A
D
I
N
G
STAIR
STAIR
STAIR
RESTAURANT
ANDREW AVE
VAN BUREN AVE
3
0
0
W
STAIR
779 SF
R -1 BED
1,046 SF
R -2 BED
36
'
-
1
0
"
32
'
-
1
0
"
38
'
-
1
1
"
21
'
-
1
"
36
'
-
0
"
32
'
-
2
"
1
6
'
-
7
"
RETAIL
RETAIL
ENTRY
GYM
1,053 SF
R -2 BED
846 SF
R -1 BED
846 SF
R -1 BED
846 SF
R -1 BED
846 SF
R -1 BED
973 SF
R -2 BED
712 SF
R -1 BED
800 SF
R -1 BED
800 SF
R -1 BED
800 SF
R -1 BED
810 SF
R -1 BED
779 SF
R -1 BED
779 SF
R -1 BED
779 SF
R -1 BED
779 SF
R -1 BED
780 SF
R -1 BED
571 SF
R -0 BED
449 SF
R -0 BED
AMENITIES ENTRY LOBBY
TRASH
648 SF
R -1 BED
632 SF
R -1 BED
632 SF
R -1 BED
632 SF
R -1 BED
636 SF
R -1 BED
ENTRY LOBBY
BIKE STORAGE
STAIR
ELEVELEV
ELEV
286' - 8"
27
'
-
6
"
33
'
-
1
1
"
14
'
-
7
"
48
'
-
0
"
55
'
-
5
"
33
'
-
8
"
FRONT YARD SETBACK
2' - 0"
FR
O
N
T
Y
A
R
D
S
E
T
B
A
C
K
3'
-
0
"
FR
O
N
T
Y
A
R
D
S
E
T
B
A
C
K
2'
-
4
"
26' - 0"26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"26' - 8"15' - 10"28' - 6"19' - 0"39' - 0"
21
3
'
-
0
"
37' - 11"28' - 5"26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"24' - 8"25' - 4"38' - 8"
162' - 5"20' - 10"
21
4
'
-
4
"
15' - 8"43' - 5"80' - 0"23' - 4"
41' - 9"73' - 3"23' - 4"24' - 1"REAR YARD SETBACK
5' - 0"
OFFICE
BIKE STORAGE
SHEET NAME:
DI'VELEPT DESIGN LLC C 2020
4 5 4 N 6 0 0 W, SLC, UT 84116
e: h o w d y @ d i v e l e p t . c o m
p: 8 0 1 - 6 8 0 - 4 4 8 5
w: w w w . d i v e l e p t . c o m
PROJECT ADDRESS:
OWNER:
SHEET SCALE:
PUBLISH DATE:
PHASE:
A.O.R.:
ARCH PROJECT #:
PROFESSIONAL SEAL:
REVISIONS:
SHEET NUMBER:
10
2
0
3
0
4
0
5
10
2
0
3
0
4
0
4321
54321
CITY PERMIT #:
10
/
1
3
/
2
0
2
3
8
:
0
1
:
5
1
A
M
1" = 20'-0"
A.010
SITE PLAN
1
5
4
6
S
3
0
0
W
DD MONTH YYYY
JDH
DG CONSTRUCTION
1546 S 300 W
SALT LAKE CITY, UT 84115
SCHEMATIC DESIGN
22-12
BLD20XX-XXXXX
0'10'20'40'1" = 20'
1" = 20'-0"1 SITE PLAN.
No. Date Description
UP
ZONING ANALYSIS
ZONING JURISDICTION: SALT LAKE CITY
ZONE:CG -GENERAL COMMERCIAL DISTRICT
SETBACKS:
FRONT YARD 5'-0"
CORNER SIDEYARD 10'-0"
INTERIOR SIDE YARD NONE
REAR YARD 10'-0"
REQ'D PROPOSED
MAX BUILDING HEIGHT 60'-0"86'-0"
(90' W/ DESIGN REVIEW)
STAIRELEV
287' - 0"
LO
A
D
I
N
G
2
8
'
-
6
"
33
'
-
1
1
"
1
4
'
-
7
"
4
8
'
-
0
"
55
'
-
5
"
34
'
-
0
"
1,777 SF
RESTAURANT
ANDREW AVE
VAN BUREN AVE
3
0
0
W
FRONT YARD SETBACK
2' - 0"
FR
O
N
T
Y
A
R
D
S
E
T
B
A
C
K
2'
-
0
"
FR
O
N
T
Y
A
R
D
S
E
T
B
A
C
K
2
'
-
0
"
STAIRL
O
A
D
I
N
G
41
9
S
F
BI
K
E
S
T
O
R
A
G
E
T.C.
26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"26' - 8"15' - 10"28' - 6"19' - 0"39' - 0"
779 SF
R -1 BED
779 SF
R -1 BED
846 SF
R -1 BED
846 SF
R -1 BED
846 SF
R -1 BED
846 SF
R -1 BED
RAMP UP TO
LEVEL 2
1,046 SF
R -2 BED
1,053 SF
R -2 BED
R
A
M
P
U
P
629 SF
ENTRY LOBBY
2
1
4
'
-
4
"
37' - 11"28' - 5"26' - 4"26' - 4"26' - 4"26' - 4"26' - 4"24' - 8"25' - 4"39' - 0"
162' - 5"20' - 6"
2
1
4
'
-
4
"
15' - 8"43' - 5"27' - 1"28' - 2"24' - 9"23' - 4"
41' - 9"44' - 9"27' - 10"24' - 0"24' - 1"
ELEV
STAIR
STAIR
586 SF
AMENITIES
648 SF
R -1 BED
632 SF
R -1 BED
632 SF
R -1 BED
632 SF
R -1 BED
636 SF
R -1 BED
712 SF
R -1 BED
779 SF
R -1 BED
779 SF
R -1 BED
779 SF
R -1 BED
780 SF
R -1 BED571 SF
R -0 BED
672 SF
TRASH
459 SF
TRASH
1,186 SF
GYM
941 SF
R -RETAIL
1,824 SF
R -RETAIL
REAR YARD SETBACK
5' - 0"
800 SF
R -1 BED
800 SF
R -1 BED
810 SF
R -1 BED
BUILDING A
BUILDING B 800 SF
R -1 BED
449 SF
R -0 BED
973 SF
R -2 BED
2,658 SF
ENTRY
ELEV ELEV
ELEV
STAIR
484 SF
BIKE STORAGE
492 SF
ENTRY LOBBY
STAIR
539 SF
OFFICE
835 SF
AMENITIES
p: 801-680-4485
www.divelept.com
10/30/2023 1:06:29 PM
D
G
C
O
N
S
T
R
U
C
T
I
O
N
|
1
5
4
6
S
3
0
0
W
|
S
I
T
E
W
E
N
0'10'20'40'1" = 20'
1" = 20'-0"1 LEVEL 1 PLAN - Unit Mix
BUILDING AREA -...
LEVEL NAME AREA
BLDG A
BUILDING TYPE IA
LEVEL 1 - GND FL AMENITIES 10,038 SF
LEVEL 1 - GND FL APARTMENTS 20,565 SF
LEVEL 1 - GND FL PARKING 28,236 SF
LEVEL 2 AMENITIES 6,211 SF
LEVEL 2 APARTMENTS 19,976 SF
LEVEL 2 PARKING 32,065 SF
LEVEL 3 APARTMENTS 23,227 SF
LEVEL 3 PARKING 35,617 SF
175,936 SF
BUILDING TYPE IIIA
LEVEL 4 APARTMENTS 40,404 SF
LEVEL 5 APARTMENTS 40,447 SF
LEVEL 6 APARTMENTS 40,447 SF
LEVEL 7 APARTMENTS 40,447 SF
LEVEL 8 APARTMENTS 40,447 SF
202,192 SF
EXTERIOR
LEVEL 4 ROOF GARDEN 17,969 SF
17,969 SF
BLDG B
BUILDING TYPE IA
LEVEL 1 - GND FL AMENITIES 2,382 SF
LEVEL 1 - GND FL APARTMENTS 4,083 SF
LEVEL 1 - GND FL PARKING 26,274 SF
LEVEL 2 APARTMENTS 8,298 SF
LEVEL 2 PARKING 24,892 SF
LEVEL 3 APARTMENTS 8,791 SF
LEVEL 3 PARKING 24,964 SF
99,685 SF
BUILDING TYPE IIIA
LEVEL 4 APARTMENTS 26,454 SF
LEVEL 5 APARTMENTS 26,454 SF
LEVEL 6 APARTMENTS 26,454 SF
LEVEL 7 APARTMENTS 26,454 SF
LEVEL 8 APARTMENTS 26,454 SF
132,272 SF
EXTERIOR
LEVEL 4 ROOF GARDEN 6,412 SF
PARKING PROVIDED
TYPE COUNT
BLDG A
9'-0" x18'-0" ADA 8
9'-0" x18'-0" ELECTRIC VEHICLE 10
9'-0" x 18'-0" 241
BLDG A: 259
BLDG B
9'-0" x18'-0" ADA 6
9'-0" x18'-0" ELECTRIC VEHICLE 8
9'-0" x 18'-0" 148
BLDG B: 162
Grand total: 421
PARKING REQUIRED
UNIT TYPE
UNIT
COUNT
PRKG REQD
PER UNIT
TOTAL
PARKING
REQD
BLDG A
R - 0 BED 10 1 10
R - 1 BED 229 1 229
R - 2 BED 32 1.25 40
R - RESTAURANT 2 3 6
R - RETAIL 2 3 6
BLDG A: 275 275 291
BLDG B
R - 0 BED 6 1 6
R - 1 BED 134 1 134
R - 2 BED 20 <varies> 24.75
BLDG B: 160 160 164.75
Grand total 435 455.75
PROPERTY
Name Area Acres
TOTAL SITE 103,449 SF 2.37
LOADING SPACES...
TYPE COUNT
BLDG A
10'-0" x35'-0" LOADING 2
BLDG B
10'-0" x35'-0" LOADING 1
3
per 21A.44.050.B
when there are two
shared uses parking
can be reduced by
dividing by 1.2
Total parking required
450.75/1.2 =
376 (375.6) spots
required
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
Date Received: _________________ ________________________
Rachel Otto, Chief of Staff Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE: October 6, 2023
Darin Mano, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: Petition PLNPCM2023-00408
1518 S 300 W Alley Vacation Request
STAFF CONTACT: Michael McNamee, Principal Planner
(801)535-7226 or michael.mcnamee@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The City Council follows the recommendation of the Planning
Commission to approve the Alley Vacation request, with conditions.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: Jarod Hall, representing the property owner, is requesting
approval for the vacation of two alleys located south and west of the above-stated address. One is
approximately 16.5 feet by 148.6 feet, starting at a point 133.5 ft west of 300 West on Andrew
Avenue and running north to south. The other is approximately 16.5 feet by 298.7 feet, starting at
a point 56.1 ft north of Van Buren Avenue on 300 West and running east to west.
The petitioner owns all the property surrounding the two alleys, and the purpose of the alley
vacation request is to redevelop the surrounding property which would include the right-of-way
within the proposed development. The proposed vacation will not impose access concerns
because all of the subject properties that abut the alleys also have frontage on a public street.
Only one property, a tow yard and auto body shop at 325 W Andrew Avenue, currently utilizes
the north-south alley to access surface parking. The north-south alley and a portion of the east-
rachel otto (Oct 9, 2023 11:20 MDT)10/09/2023
10/09/2023
west alley have been fenced off by neighboring property owners. The portion of the east-west
alley that has been fenced off is being used for outdoor storage and parking.
Alley Vacation requests must fulfill one of four policy considerations in section 14.52.020 of the
City Code: Lack of Use, Public Safety, Urban Design, or Community Purpose. Requests are also
reviewed against the factors found in 14.52.030.B. Staff’s analysis of the policy considerations
determined that the standards are met by vacating this portion of the alleyway, which would not
create detrimental impacts on abutting properties, with the condition that the north-south alley is
replaced by a midblock connection that fully links Andrew and Van Buren Avenues. This
condition ensures the proposed vacation complies with the Urban Design policy consideration.
PUBLIC PROCESS:
● Early Notification –
o Notification of the proposal was sent to all property owners and tenants located
within 300 feet of the subject parcels on June 9, 2023.
o Notification of the proposal was sent to the Ballpark Community Council on June
14, 2023. No formal comments have submitted by the Community Council to
date.
● Planning Commission Meeting – On August 23, 2023, the Planning Commission held a
public hearing regarding the proposed alley vacation. The Planning Commission voted 7-0
to forward a favorable recommendation to the City Council for decision, with conditions.
PLANNING RECORDS:
a) PC Agenda of August 23, 2023 (Click to access)
b) PC Minutes of August 23, 2023 (Click to access)
c) PC Staff Report of August 23, 2023 (Click to access)
EXHIBITS:
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. ORIGINAL PETITION
4. MAILING LIST
5. ORDINANCE
TABLE OF CONTENTS
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. ORIGINAL PETITION
4. MAILING LIST
5. ORDINANCE
1. PROJECT CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00408 – 1518 S 300 W
Alley Vacation Request
May 26, 2023 Petition for the alley vacation application received by the Salt Lake
City Planning Division.
May 31, 2023 Petition assigned to Michael McNamee, Principal Planner, for staff
analysis and processing.
June 9, 2023 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.
June 14, 2023 Information about the proposal was sent to the Chair of the Ballpark
Community Council to solicit public comments and start the 45-day
Recognized Organization input and comment period.
July 31, 2023 The 45-day public comment period for Recognized Organizations
ended. N o f ormal comments were submitted to staff by the
recognized organizations to date related to this proposal.
August 9, 2023 Public notice posted on City and State websites and sent via the
Planning list serve for the Planning Commission meeting of
June 28, 2023. Public hearing notice mailed.
August 13, 2023 Public hearing notice sign with project information and notice of the
Planning Commission public hearing physically posted on the property.
August 23, 2023 The Planning Commission held a Public Hearing on August 23, 2023.
By a vote of 7-0, the Planning Commission forwarded a favorable
recommendation to City Council for the proposed alley vacation,
with conditions.
2. NOTICE OF CITY COUNCIL HEARING
NOTICE OF CITY COUNCIL HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00408 – Jarod Hall,
representing the property owner, is requesting approval for the vacation of two alleys located
south and west of the above-stated address. One is approximately 16.5 feet by 148.6 feet,
starting at a point 133.5 ft west of 300 West on Andrew Avenue and running north to south.
The other is approximately 16.5 feet by 298.7 feet, starting at a point 56.1 ft north of Van Buren
Avenue on 300 West and running east to west.
As part of their study, the City Council is holding an advertised public hearing to
receive comments regarding the petition. During the hearing, anyone desiring to
address the City Council concerning this issue will be given an opportunity to speak.
The Council may consider adopting the ordinance the same night of the public
hearing. The hearing will be held:
DATE:
TIME: 7:00 pm
PLACE: 451 South State Street, Room 326, Salt Lake City, Utah
** This meeting will be held in-person, to attend or participate in the hearing
at the City and County Building, located at 451 South State Street, Room 326,
Salt Lake City, Utah. For more information, please visit
www.slc.gov/council. 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
Michael McNamee, Principal Planner at 801-535-7226 between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, or via e-mail at michael.mcnamee@slcgov.com. The
application details can be accessed at https://citizenportal.slcgov.com/, by selecting the
“planning” tab and entering the petition number PLNPCM2023-00408.
People with disabilities may make requests for reasonable accommodation, which may include
aids and services. Please make requests at least 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
5. ORDINANCE
SALT LAKE CITY ORDINANCE
No. ________ of 2023
(Vacating city-owned alleys situated adjacent to properties located at 1518, 1528, 1540, and
1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue)
An ordinance vacating two unnamed, city-owned alleys adjacent to properties located at
1518, 1528, 1540, and 1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West
Van Buren Avenue, pursuant to Petition No. PLNPCM2023-00408.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on August 23, 2023 to consider a request made by Jarod Hall (“Applicant”) to
vacate two unnamed, city-owned alleys adjacent to properties located at 1518, 1528, 1540, and
1546 South 300 West, 325 and 333 West Andrew Avenue, and 352 West Van Buren Avenue
(collectively, the “Property”); and
WHEREAS, at its August 23, 2023 meeting, the Planning Commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council (“City
Council”); and
WHEREAS, the City Council finds after holding a public hearing on this matter, that
there is good cause for the vacation of the alleys and neither the public interest nor any person
will be materially injured by the proposed vacation.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Vacating City-Owned Alleys. That two unnamed, city-owned alleys
adjacent to the Property, which are the subject of Petition No. PLNPCM2023-00408, and which
are more particularly described on Exhibit “A” attached hereto, hereby are, vacated and declared
not presently necessary or available for public use.
SECTION 2. Reservations and Disclaimers. The above 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 closure is also subject
to any existing rights-of-way or easements of private third parties.
SECTION 3. Conditions. The alley vacation set forth herein is conditioned upon (1) no
portion of the alleys shall purport to be conveyed until at least 60 days after a final decision by
the City Council on Petition No. PLNPCM2023-00408; (2) the owner of the Property shall enter
into a development agreement with Salt Lake City that requires the creation of a public access
midblock walkway between Andrew and Van Buren Avenues where the midblock walkway is
between buildings on both the east and west sides that are in common ownership.
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 Salt Lake City
Recorder is instructed to not publish this ordinance until the conditions set forth in Section 3 are
satisfied as certified by the Salt Lake City Planning Director or his designee.
SECTION 5. Time. If the conditions set forth in Section 3 have not been met within
one year after adoption of this ordinance, then this ordinance shall become null and void. The
city council may, for good cause shown, extend the time period for satisfying the above
conditions by resolution.
Passed by the City Council of Salt Lake City, Utah this _______ day of
______________, 2023.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2023
Published: ______________.
Ordinance vacating alley adjacent 1515-1550 S 300 W
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
September 14, 2023
EXHIBIT “A”
Legal description of two unnamed, city-owned alleys to be vacated:
BEGINNING AT THE NORTHWEST CORNER OF LOT 37, STEWART’S ADDITION, ON
FILE WITH THE OFFICE OF THE SALT LAKE COUNTY RECORDER IN BOOK C, PAGE
51 OF PLATS, AND RUNNING THENCE SOUTH 00°01’00” WEST 148.57 FEET TO THE
SOUTHWEST CORNER OF LOT 39 OF SAID SUBDIVISION; THENCE SOUTH 89°53’26”
EAST 148.59 FEET TO THE SOUTHEAST CORNER OF SAID LOT 39; THENCE SOUTH
00°01’02” WEST ALONG THE WEST RIGHT-OF-WAY LINE OF 300 WEST STREET A
DISTANCE OF 16.50 FEET TO THE NORTHEAST CORNER OF LOT 1 OF SAID
SUBDIVISION; THENCE NORTH 89°53’26” WEST ALONG THE NORTH LINE OF SAID
LOT 31 A DISTANCE OF 313.68 FEET; THENCE NORTH 00°00’54” EAST 16.50 FEET TO
THE SOUTH LINE OF LOT 34 OF SAID SUBDIVISION; THENCE SOUTH 89°53’26”
EAST 148.59 FEET TO THE SOUTHEAST CORNER OF LOT 36 OF SAID SUBDIVISION;
THENCE NORTH 00°01’00” EAST 148.57 FEET TO THE NORTHEAST CORNER OF SAID
LOT 36; THENCE SOUTH 89°53’29” EAST ALONG THE SOUTH RIGHT-OF-WAY LINE
OF ANDREW AVENUE A DISTANCE OF 16.50 FEET TO THE POINT OF BEGINNING.
CONTAINS 7627 SQUARE FEET, MORE OR LESS.
SALT LAKE CITY CORPORATION
SWORN STATEMENT SUPPORTING CLOSURE OF MEETING
I, ____________________, acted as the presiding member of the Salt Lake Council, which met on ___________________
in an electronic meeting pursuant to Salt Lake City Proclamation.
Appropriate notice was given of the Council's meeting as required by §52-4-202.
A quorum of the Council was present at the meeting and voted by at least a two-thirds vote, as detailed in the minutes of
the open meeting, to close a portion of the meeting to discuss the following:
§52-4-205(l)(a) discussion of the character, professional competence, or physical or mental health of anindividual;
§52 -4-205(1)(b) strategy sessions to discuss collective bargaining;
§52-4-205(l)(c) strategy sessions to discuss pending or reasonably imminent litigation;
§52-4-205(l)(d) strategy sessions to discuss the purchase, exchange, or lease of real property, including
any form of a water right or water shares, if public discussion of the transaction would: (i) disclose the
appraisal or estimated value of the property under consideration; or (ii) prevent the public body from
completing the transaction on the best possible terms;
§52-4-205(l)(e) strategy sessions to discuss the sale of real property, including any form of a water right
or water shares if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated
value of the property under consideration; or (B) prevent the public body from completing the transaction
on the best possible terms; (ii) if the public body previously gave public notice that the property would be
offered for sale; and (iii) the terms of the sale are publicly disclosed before the public body approves the
sale;
§52-4-205(1)(f) discussion regarding deployment of security personnel, devices, or systems; and
§52-4-205(1)(g) investigative proceedings regarding allegations of criminal misconduct.
A Closed Meeting may also be held for Attorney-Client matters that are privileged pursuant to Utah Code
§78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open andPublic Meetings Act.
Other, described as follows: _____________________________________________________________
The content of the closed portion of the Council meeting was restricted to a discussion of the matter(s) for which the
meeting was closed.
With regard to the closed meeting, the following was publicly announced and recorded, and entered on the minutes of the
open meeting at which the closed meeting was approved:
(a)the reason or reasons for holding the closed meeting;
(b)the location where the closed meeting will be held; and
(c)the vote of each member of the public body either for or against the motion to hold the closed meeting.
The recording and any minutes of the closed meeting will include:
(a)the date, time, and place of the meeting;
(b)the names of members Present and Absent; and
(c)the names of all others present except where such disclosure would infringe on the confidentiality
necessary to fulfill the original purpose of closing the meeting.
Pursuant to §52-4-206(6), a sworn statement is required to close a meeting under §52-4-205(1)(a) or (f), but a record by
electronic recording or detailed minutes is not required; and Pursuant to §52-4-206(1), a record by electronic recording
and/or detailed written minutes is required for a meeting closed under §52-4-205(1)(b),(c),(d),(e),and (g):
A record was not made.
A record was made by: : Electronic recording Detailed written minutes
I hereby swear or affirm under penalty of perjury that the above information is true and correct to the best of my
knowledge.
Presiding Member Date of Signature
Darin Mano November 7,2023
Darin Mano (Nov 17, 2023 16:06 MST)11/17/2023
11-7-2023 Sworn Statement CITY COUNCIL
Final Audit Report 2023-11-17
Created:2023-11-16
By:STEPHANIE ELLIOTT (stephanie.elliott@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAAm5edt-25ag8fbWHEiOfJv7526GobIz3
"11-7-2023 Sworn Statement CITY COUNCIL" History
Document created by STEPHANIE ELLIOTT (stephanie.elliott@slcgov.com)
2023-11-16 - 10:38:57 PM GMT
Document emailed to Darin Mano (darin.mano@slcgov.com) for signature
2023-11-16 - 10:40:05 PM GMT
Email viewed by Darin Mano (darin.mano@slcgov.com)
2023-11-17 - 4:37:54 AM GMT
Document e-signed by Darin Mano (darin.mano@slcgov.com)
Signature Date: 2023-11-17 - 11:06:16 PM GMT - Time Source: server
Agreement completed.
2023-11-17 - 11:06:16 PM GMT