023 of 2010 - Amending certain land use provisions of Title 21A pertaining to planned developments 0 10-1
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SALT LAKE CITY ORDINANCE
No. 23 of 2010
(An ordinance amending certain land use provisions of Title 21A (Zoning)
of the Salt Lake City Code pertaining to planned developments)
An ordinance amending certain sections of Title 21A (Zoning) of the Salt Lake City Code
pursuant to Petition No. PLNPCM2009-00749 regarding planned developments.
WHEREAS, the Salt Lake City Planning Commission ("Planning Commission") held a
public hearing on September 23, 2009 to consider a request made by the Salt Lake City Council
("City Council") (petition no. PLNPCM2009-00749) to amend the text of certain sections of
Title 21A (Zoning) of the Salt Lake City Code regarding planned developments; and
WHEREAS, at its September 23, 2009 hearing, the Planning Commission voted in favor
of recommending to the City Council that the City Council amend the sections of Title 21A of
the Salt Lake City Code identified herein; and
WHEREAS, after a public hearing on this matter the City Council has determined that
the following 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 text of Salt Lake City Code section 21A.24.010. That section
21 A.24.010.G of the Salt Lake City Code (Residential Districts: General Provisions), shall be,
and hereby is, amended to read as follows:
G. Flag Lots In Residential Districts: Flag lots are a permitted use only as part of
a new subdivision in the FP, FR-1, FR-2 and FR-3 districts. Flag lots in all
other residential districts, unless being approved through the planned
development process, may be allowed as a conditional use pursuant to chapter
21 A.55 of this title, provided that the planning commission finds the flag lot
proposal to be compatible with the existing pattern of property development
of the surrounding area. The planning commission shall also make findings on
the standards listed in subsections G1 through G14 of this section:
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1. In residential districts other than new subdivisions in the FP, FR-1, FR-2, FR-3
districts, flag lots shall be approved only when one flag lot is proposed at the rear
of an existing lot, unless being approved through the planned development
process;
2. Flag lots shall be used exclusively to provide lots for single-family residential
dwellings;
3. All lot and yard requirements applicable to flag lots shall apply to the main
body of the flag lot. For flag lots, the front yard shall begin at the point where the
access strip joins the main body of the lot;
4. Except for the special provisions contained in this subsection G, the creation of
a flag lot shall not result in a violation of required lot area, lot width, yards or
other applicable provisions of this title;
5. Flag lots shall have a minimum lot depth of one hundred feet(100') measured
from the point where the access strip joins the main body of the lot;
6. The flag lot access strip shall have minimum of twenty four feet (24') of
frontage on a public street. No portion of the flag lot access strip shall measure
less than twenty four feet (24') in width between the street right of way line and
main body of the lot. A minimum sixteen foot (16') wide hard surfaced driveway
shall be provided along the entire length of the access strip. A four foot (4')
minimum landscape yard shall be provided on each side of the driveway(see
illustration in chapter 21A.62 of this title);
7. Flag lots, including the access strip, shall be held in fee simple ownership;
8. The minimum lot area of a flag lot shall not be less than 1.5 times the minimum
lot area of the applicable district. The lot area calculation excludes the lot access
strip;
9. The minimum required side yard for a single-story building on a flag lot is ten
feet (10'). If any portion of the structure exceeds one story in height, all side yard
setbacks shall meet the required rear yard setback of the underlying zoning
district. The planning commission may increase the side or rear yard setback
where there is a topographic change between lots;
10. Both the flag lot and any remnant property resulting from the creation of a
flag lot (including existing buildings and structures) shall meet the minimum lot
area, width, frontage, setback, parking and all other applicable zoning
requirements of the underlying zoning district;
11. Any garage, whether attached to or detached from the main building, shall be
located in the buildable area of the lot;
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12. Accessory buildings other than garages may be located in the rear yard area,
however, planning commission approval is required for any accessory building
that requires a building permit;
13. A four foot (4') wide landscaped strip is required along both side property
lines from the front to rear lot lines;
14. Reflective house numbers shall be posted at the front of the access strip;
15. In addition to any other provisions that may apply, the creation of a flag lot is
considered a subdivision and shall be subject to applicable subdivision regulations
and processes.
SECTION 2. Amending text of Salt Lake City Code section 21A.24.160. That section
21A.24.160.0 of the Salt Lake City Code (Residential Business District), shall be, and hereby is,
amended to read as follows:
C. Planned Development Review: Planned developments, which meet the intent
of the ordinance, but not the specific design criteria outlined in the following
subsections, may be approved by the planning commission pursuant to the
provisions of section 21A.55_of this title.
SECTION 3. Amending text of Salt Lake City Code section 21A.24.170. That section
21A.24.170.0 of the Salt Lake City Code (R-MU Residential/Mixed Use District), shall be, and
hereby is, amended to read as follows:
C. Planned Development Review: Planned developments, which meet the intent
of the ordinance, but not the specific design criteria outlined in the following
subsections, may be approved by the planning commission pursuant to the
provisions of section 21A.55 of this title.
SECTION 4. Amending text of Salt Lake City Code section 21A.26.020. That section
21A.26.020.0 of the Salt Lake City Code (CN Neighborhood Commercial District), shall be, and
hereby is, amended to read as follows:
C. Planned Development Review: Planned developments, which meet the intent
of the ordinance, but not the specific design criteria outlined in the following
subsections, may be approved by the planning commission pursuant to the
provisions of section 21A.55 of this title.
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SECTION 5. Amending text of Salt Lake City Code section 21A.26.030. That section
21A.26.030.0 of the Salt Lake City Code (CS Community Shopping District), shall be, and
hereby is, amended to read as follows:
C. Planned Development Review: Planned developments, which meet the intent
of the ordinance, but not the specific design criteria outlined in the following
subsections, may be approved by the planning commission pursuant to the
provisions of section 21A.55 of this title.
SECTION 6. Amending text of Salt Lake City Code section 21A.26.040. That section
21 A.26.040.0 of the Salt Lake City Code (CS Community Shopping District), shall be, and
hereby is, amended to read as follows:
C. Planned Development Review: All new construction of principal buildings,
uses, or additions that increases the floor area and/or parking requirement by
twenty five percent (25%) in the CS community shopping district may be
approved only as a planned development in conformance with the provisions
of section 21A.55 of this title.
SECTION 7. Amending text of Salt Lake City Code section 21A.26.077. That section
21A.26.077.0 of the Salt Lake City Code (TC-75 Transit Corridor District), shall be, and hereby
is, amended to read as follows:
C. Planned Development Review: Planned developments, which meet the intent
of this section, but not the specific design criteria outlined in the following
subsections may be approved by the planning commission pursuant to the
provisions of section 21A.55 of this title.
SECTION 8. Amending text of Salt Lake City Code section 21 A.26.080. That section
21A.26.080 of the Salt Lake City Code (Table of Permitted and Conditional Uses for
Commercial Districts), shall be, and hereby is, amended to modify only qualifying provision
number 1 following the Table of Permitted and Conditional Uses for Commercial Districts, such
that said qualifying provision shall read:
1. Development in the CS district shall be subject to planned development
approval pursuant to the provisions of section 21A.55 of this title. Certain
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developments in the CSHBD zone shall be subject to the conditional building and
site design review process pursuant to the provisions of subsection 21A.26.060D
of this chapter and chapter 21A.59 of this title.
SECTION 9. Amending text of Salt Lake City Code section 21A.31.020. That section
21A.31.020.0 of the Salt Lake City Code (G-MU Gateway-Mixed Use District), shall be, and
hereby is, amended to read as follows:
C. Planned Development Review: All new construction of principal buildings,
uses, or additions that increase the floor area and/or parking requirement by
twenty five percent (25%) in the G-MU gateway-mixed use district may be
approved only as a planned development in conformance with the provisions
of section 21A.55 of this title.
SECTION 10. Amending text of Salt Lake City Code section 21A.32.090. That section
21A.32.090.F through 21A.32.090.G of the Salt Lake City Code (UI Urban Institutional District),
shall be, and hereby is, amended to read as follows:
F. Minimum Yard Requirements: For all uses other than hospitals, the minimum
yard requirements shall be:
1. Front Yard: Fifteen feet (15').
2. Corner Side Yard: Fifteen feet (15').
3. Interior Side Yard: None required.
4. Rear Yard: Twenty five feet (25').
5. Accessory Buildings And Structures In Yards: Accessory buildings and
structures may be located in required yard areas subject to table
21A.36.020B, "Obstructions In Required Yards", of this title.
6. Minimum Requirements May Be Altered Or Waived: Minimum yard
requirements may be altered or waived by the planning commission as a
planned development pursuant to the standards and procedures for
conditional uses set forth in chapter 21A.55 , "Conditional Uses", of this
title.
G. Landscape Yard Requirements: Landscape yards, as specified below, shall be
required for each use, except hospitals, in the UI urban institutional district
and shall be improved in conformance with the requirements of chapter
21A.48, "Landscaping And Buffers", of this title.
1. Front Yard: Fifteen feet (15').
2. Corner Side Yard: Fifteen feet (15').
3. Interior Side Yard: None required.
4. Rear Yard: Ten feet (10').
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5. Minimum Requirements May Be Altered Or Waived: Landscape yard
requirements may be altered or waived by the planning commission as a
planned development pursuant to the standards and procedures for
conditional uses set forth in chapter 21 A.55.
SECTION 11. Amending text of Salt Lake City Code section 21A.32.110. That section
21 A.32.110.K of the Salt Lake City Code (MH Mobile Home Park District), shall be, and hereby
is, amended to read as follows:
K. Planned Development Review And Approval: Each mobile home park shall
require subdivision approval (if fee simple lots are being created) and planned
development approval (if no fee simple lots are being created). Pursuant to the
standards and procedures for conditional uses, chapter 21A.55 of this title.
The following site plan standards shall be used in considering either approval:
1. Internal streets shall not be less than twenty four feet (24') wide.
2. The configuration of the entrance road connecting the park to a public
street shall be subject to site plan review.
3. All roads shall be paved.
4. Sidewalks shall be provided to accommodate pedestrian circulation
needs.
SECTION 12. Amending text of Salt Lake City Code section 21 A.32.130. That section
21A.32.130.0 of the Salt Lake City Code (MU Mixed Use District), shall be, and hereby is,
amended to read as follows:
C. Planned Development Review: Planned developments, which meet the intent
of the ordinance, but not the specific design criteria outlined in the following
subsections may be approved by the planning commission pursuant to the
provisions of section 21A.55 of this title.
SECTION 13. Amending text of Salt Lake City Code section 21A.32.140. That section
21A.32.140 of the Salt Lake City Code (Table of Permitted and Conditional Uses for Special
Purpose Districts), shall be, and hereby is, amended to modify only qualifying provision number
7 following the Table of Permitted and Conditional Uses for Commercial Districts, such that said
qualifying provision shall read:
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7. When approved as part of a business park planned development pursuant to the
provisions of section 21A.55 of this title.
SECTION 14. Amending text of Salt Lake City Code section 21A.36.010. That section
21 A.36.010.B.2 of the Salt Lake City Code (Use of Land and Buildings), shall be, and hereby is,
amended to read as follows:
2. More than one principal building may be permitted on a lot in all zoning
districts other than those identified in subsection B1 of this section, or when the
principal buildings are occupied by more than one use, when authorized in
conjunction with an approved planned development pursuant to chapter 21A.55 of
this title. All land uses shall front a public street unless specifically exempted
from this requirement by other provisions of this title.
SECTION 15. Amending text of Salt Lake City Code section 21A.46.052. That section
21A.46.052 of the Salt Lake City Code (Signs Exempt from Specific Criteria Except Fees and
Permits), shall be, and hereby is, amended to read as follows:
21A.46.052: SIGNS EXEMPT FROM SPECIFIC CRITERIA EXCEPT FEES
AND PERMITS:
Signs within open air malls, stadiums or other enclosed spaces that do not have a
roof, but are otherwise physically confined and separated from the public street
right of way are required to obtain sign permits and pay fees to ensure public
safety and compliance with the city's building code. Such signs are subject to sign
ordinance regulations unless a sign master plan agreement was specifically
considered as part of a planned development as outlined in chapter 21A.55 of this
title or was specifically authorized through the conditional building and site
design review process as outlined in chapter 21A.59 of this title. The sign master
plan agreement shall only be authorized for signage within the open air mall or
stadium that is not oriented to the public street. Signage oriented to a public street
or to a surface parking lot is specifically not exempt from sign ordinance
requirements and not subject to modification through a sign master plan
agreement.
SECTION 15. Amending text of Salt Lake City Code section 21A.46.090. That section
21A.46.090.B.3 of the Salt Lake City Code (Sign Regulations for the CS District), shall be, and
hereby is, amended to read as follows:
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3. Applicability Of Planned Development Regulations To Signage: As provided
in section 21A.26.040 of this title, all development within the CS district,
including signage, shall be subject to the planned development provisions set
forth in section 21A.55 of this title. Any change in signage subsequent to planned
development approval is allowed subject to compliance with the provisions of this
title or the specific requirements of the planned development approval.
SECTION 16. Amending text of Salt Lake City Code section 21A.54.030. That section
21A.54.030 of the Salt Lake City Code (Categories of Conditional Uses), shall be, and hereby is,
amended to read as follows:
21A.54.030: CATEGORIES OF CONDITIONAL USES:
Conditional uses shall consist of the following categories of uses:
A. Uses Impacting Other Property: Uses that may give rise to particular problems
with respect to their impact upon neighboring property and the city as a
whole, including their impact on public facilities; and
B. Administrative Consideration Of Conditional Uses: Certain conditional uses
may be considered to be low impact due to their particular location and are
hereby authorized to be reviewed administratively according to the provisions
contained in section 21A.54.155 of this chapter. Conditional uses that are
authorized to be reviewed administratively are:
1. Applications for low power wireless telecommunication facilities that
are listed as conditional uses in subsection 21A.40.090E of this title.
2. Alterations or modifications to a conditional use that increase the floor
area by one thousand (1,000) gross square feet or more and/or increase the
parking requirement.
3. Any conditional use as identified in the tables of permitted and
conditional uses for each zoning district, except those that:
a. Are listed as a "residential" land use in the tables of permitted and
conditional uses for each zoning district;
b. Are located within a residential zoning district;
c. Abut a residential zoning district or residential use; or
d. Require planned development approval.
4. Public/private utility buildings and structures in residential and
nonresidential zoning districts.
SECTION 17. Amending text of Salt Lake City Code section 21A.54.060. That section
21A.54.060.E of the Salt Lake City Code (Conditional Uses: Procedures), shall be, and hereby is,
amended to read as follows:
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E. Public Hearing: The planning commission, or, in the case of administrative
conditional uses, the planning director or designee shall schedule and hold a public
hearing on the proposed conditional use in accordance with the standards and
procedures for conduct of the public hearing set forth in chapter 21 A.10 of this title.
(See sections 21A.55 and 21A.54.155 of this chapter for additional procedures for
public hearings in connection with planned developments and administrative
conditional uses.)
SECTION 18. Amending text of Salt Lake City Code section 21A.54.140. That section
21A.54.140 of the Salt Lake City Code (Conditional Use Approvals and Planned Developments),
shall be, and hereby is, amended to read as follows:
21A.54.140: CONDITIONAL USE APPROVALS AND PLANNED
DEVELOPMENTS:
When a development is proposed as a planned development pursuant to the
procedures in section 21A.55 of this chapter and also includes an application for
conditional use approval, the planning commission shall decide the planned
development application and the conditional use application together. In the event
that a new conditional use is proposed after a planned development has been
approved pursuant to section 21A.55 of this chapter, the proposed conditional use
shall be reviewed and approved, approved with conditions, approved with
modifications, or denied under the standards set forth in section 21A.54.080 of
this chapter.
SECTION 19. Amending text of Salt Lake City Code section 21A.54.150. That the text
of section 21A.54.150 of the Salt Lake City Code (Planned Developments), shall be, and hereby
is, repealed in its entirety, and shall be amended to read:
21A.54.150: REPEALED.
SECTION 20. Amending text of Salt Lake City Code section 21A.54.160. That section
21A.54.160 of the Salt Lake City Code (Conditional Uses: Appeal of Planning Commission
Decision), shall be, and hereby is, amended to read as follows:
21A.54.160: APPEAL OF PLANNING COMMISSION DECISION:
Any party aggrieved by a decision of the planning commission on an application
for a conditional use may file an appeal to the land use appeals board within thirty
(30) days of the date of the decision. The filing of the appeal shall not stay the
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decision of the planning commission pending the outcome of the appeal, unless
the planning commission takes specific action to stay a decision.
SECTION 21. Amending text of Salt Lake City Code section to adopt section 21A.55.
That the Salt Lake City Code shall be, and hereby is, amended to adopt section 21A.55 (Planned
Developments), which shall read as follows:
Chapter 21A.55
PLANNED DEVELOPMENTS
21A.55.010 Purpose Statement:
A planned development is intended to encourage the efficient use of land and
resources, promoting greater efficiency in public and utility services and
encouraging innovation in the planning and building of all types of development.
Further, a planned development implements the purpose statement of the zoning
district in which the project is located, utilizing an alternative approach to the
design of the property and related physical facilities. A planned development will
result in a more enhanced product than would be achievable through strict
application of land use regulations, while enabling the development to be
compatible and congruous with adjacent and nearby land developments. Through
the flexibility of the planned development regulations, the city seeks to achieve
any of the following specific objectives:
A. Combination and coordination of architectural styles, building forms,
building materials, and building relationships;
B. Preservation and enhancement of desirable site characteristics such as
natural topography, vegetation and geologic features, and the prevention of
soil erosion;
C. Preservation of buildings which are architecturally or historically
significant or contribute to the character of the city;
D. Use of design, landscape, or architectural features to create a pleasing
environment;
E. Inclusion of special development amenities that are in the interest of the
general public;
F. Elimination of blighted structures or incompatible uses through
redevelopment or rehabilitation;
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G. Inclusion of affordable housing with market rate housing; or
H. Utilization of"green"building techniques in development.
21A.55.020 Authority:
The planning commission may approve planned developments for uses listed
in the tables of permitted and conditional uses for each category of zoning district
or districts. The approval shall be in accordance with the standards and
procedures set forth in this chapter and other regulations applicable to the district
in which the property is located.
21A.55.030 Authority To Modify Regulations:
In approving any planned development, the planning commission may
change, alter, modify or waive any provisions of this title or of the city's
subdivision regulations as they apply to the proposed planned development;
however, additional building height may not be approved in the FR, R-1, SR, or
R-2 zoning districts. In zoning districts other than the FR, R-1, SR, or R-2
districts, the Planning Commission may approve up to five feet (5') maximum of
additional building height in accordance with the provisions of this title if it
further achieves one or more of the objectives in Section 21A.55.010.
21A.55.040 Limitation:
No change, alteration, modification or waiver authorized by Section
21A.55.040 of this Chapter shall authorize a change in the uses permitted in any
district or a modification with respect to any standard established by this section,
or a modification with respect to any standard in a zoning district made
specifically applicable to planned developments, unless such regulations
expressly authorize such a change, alteration, modification or waiver.
21A.55.050 Standards for Planned Developments:
The Planning Commission may approve, approve with conditions, or deny a
Planned Development based upon written findings of fact according to each of the
following standards. It is the responsibility of the applicant to provide written and
graphic evidence demonstrating compliance with the following standards:
A. Planned Development Objectives: The Planned Development shall meet
the purpose statement for a planned development (Section 21 A.55.010) and
will achieve at least one of the objectives stated in said Section;
B. Master Plan And Zoning Ordinance Compliance: The proposed planned
development shall be:
1. Consistent with any adopted policy set forth in the citywide, community,
and/or small area master plan and future land use map applicable to the
site where the planned development will be located, and,
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2. Allowed by the zone where the planned development will be located or by
another applicable provision of this title.
C. Compatibility: The proposed planned development shall be compatible
with the character of the site, adjacent properties, and existing development
within the vicinity of the site where the use will be located. In determining
compatibility, the planning commission shall consider:
1. Whether the street or other means of access to the site provide the
necessary ingress/egress without materially degrading the service level on
such street/access or any adjacent street/access;
2. Whether the planned development and its location will create unusual
pedestrian or vehicle traffic patterns or volumes that would not be
expected, based on:
i. Orientation of driveways and whether they direct traffic to major or
local streets, and, if directed to local streets, the impact on the
safety, purpose, and character of these streets;
ii. Parking area locations and size, and whether parking plans are
likely to encourage street side parking for the planned development
which will adversely impact the reasonable use of adjacent
property;
iii. Hours of peak traffic to the proposed planned development and
whether such traffic will unreasonably impair the use and
enjoyment of adjacent property.
3. Whether the internal circulation system of the proposed planned
development will be designed to mitigate adverse impacts on adjacent
property from motorized, non-motorized, and pedestrian traffic;
4. Whether existing or proposed utility and public services will be adequate
to support the proposed planned development at normal service levels and
will be designed in a manner to avoid adverse impacts on adjacent land
uses, public services, and utility resources;
5. Whether appropriate buffering or other mitigation measures, such as, but
not limited to, landscaping, setbacks, building location, sound attenuation,
odor control, will be provided to protect adjacent land uses from excessive
light, noise, odor and visual impacts and other unusual disturbances from
trash collection, deliveries, and mechanical equipment resulting from the
proposed planned development, and;
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6. Whether the intensity, size, and scale of the proposed planned
development is compatible with adjacent properties.
7. If a proposed conditional use will result in new construction or substantial
remodeling of a commercial or mixed used development, the design of the
premises where the use will be located shall conform to the conditional
building and site design review standards set forth in chapter 21A.59 of
this title.
D. Landscaping: Existing mature vegetation on a given parcel for
development shall be maintained. Additional or new landscaping shall be
appropriate for the scale of the development, and shall primarily consist of
drought tolerant species;
E. Preservation: The proposed Planned Development shall preserve any
historical, architectural, and environmental features of the property;
F. Compliance With Other Applicable Regulations: The proposed planned
development shall comply with any other applicable code or ordinance
requirement.
21A.55.060 Minimum Area:
A planned development proposed for any parcel or tract of land under single
ownership or control in certain zoning districts shall have a minimum net lot area
as set forth in table 21A.55.060 of this section.
Table 21A.55.060
PLANNED DEVELOPMENTS
DISTRICT MINIMUM PLANNED
DEVELOPMENT SIZE
Residential Districts
FR-1/43,560 Foothills Estate Residential 5 acres
District
FR-2/21,780 Foothills Residential District 5 acres
FR-3/12,000 Foothills Residential District 5 acres 1
R-1/12,000 Single-Family Residential 24,000 square feet
District
R-1/7,000 Single-Family Residential 14,000 square feet
District
R-l/5,000 Single-Family Residential 10,000 square feet
District
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SR-1 and SR1-A Special Development 10,000 square feet
Pattern Residential District
SR-2 Special Development Pattern Reserved
Residential District
SR-3 Interior Block Single-Family 4,000 square feet
Residential District
R-2 Single- And Two-Family Residential 10,000 square feet
District
RMF-30 Low Density Multi-Family 9,000 square feet
Residential District
RMF-35 Moderate Density Multi-Family 9,000 square feet
Residential District
RMF-45 Moderate/High Density Multi- 9,000 square feet
Family Residential District
RMF-75 High Density Multi-Family 9,000 square feet
District
RB Residential/Business District No minimum required
R-MU-35 Residential/Mixed Use District 9,000 square feet
R-MU-45 Residential/Mixed Use District 9,000 square feet
R-MU Residential/Mixed Use District No minimum required
RO Residential/Office District No minimum required
Commercial Districts
CN Neighborhood Commercial District No minimum required
CB Community Business District No minimum required
CS Community Shopping District No minimum required
CC Corridor Commercial District No minimum required
CSHBD Sugar House Business District No minimum required
CG General Commercial District No minimum required
TC-75 Transit Corridor District No minimum required
Manufacturing Districts
M-1 Light Manufacturing District No minimum required
M-2 Heavy Manufacturing District No minimum required
Downtown Districts
D-1 Central Business District No minimum required
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•
D-2 Downtown Support Commercial No minimum required
District
D-3 Downtown Warehouse/Residential No minimum required
District
D-4 Downtown Secondary Central No minimum required
Business District
Special Purpose Districts
RP Research Park District No minimum required
BP Business Park District No minimum required
FP Foothills Protection District 32 acres
AG Agricultural District 10 acres
AG-2 Agricultural District 4 acres
AG-5 Agricultural District 10 acres
AG-20 Agricultural District 40 acres
A Airport District No minimum required
PL Public Lands District No minimum required
PL-2 Public Lands District No minimum required
I Institutional District No minimum required
UI Urban Institutional District No minimum required
OS Open Space District No minimum required
MH Mobile Home Park District No minimum required
EI Extractive Industries District No minimum required
MU Mixed Use District No minimum required
21A.55.070 Density Limitations:
Residential planned developments shall not exceed the density limitation of
the zoning district where the planned development is proposed. The calculation
of planned development density may include open space that is provided as an
amenity to the planned development. Public or private roadways located within or
adjacent to a planned development shall not be included in the planned
development area for the purpose of calculating density.
21A.55.080 Consideration Of Reduced Width Street Dedication:
A residential planned development application may include a request to
dedicate the street to Salt Lake City for perpetual use by the public. The request
will be reviewed and evaluated individually by appropriate departments, including
transportation, engineering,public utilities, public services and fire. Each
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department reviewer will consider the adequacy of the design and physical
improvements proposed by the developer and will make a recommendation for
approval or describe required changes. Items such as adequate vehicular access,
public safety access,pedestrian and bicycle access,adequate parking,and urban
design elements will be considered as part of this review. A synopsis will be
incorporated into the staff report for review and decision by the planning
commission.
21A.55.090 Specific Standards for Planned Development in Certain Zoning
Districts:
Planned developments within the TC-75 District,RB District,R-MU District,
MU District,CN District,CB District,CSHBD District,South State Street
Corridor Overlay District and CS District(when the CS District is adjacent to an
area of more than sixty percent(60%)residential zoning located within 300 feet
of the subject parcel to be development,either on the same block or across the
street),maybe approved subject to consideration of the following general
conceptual guidelines(a positive finding for each is not required):
A. The development shall be primarily oriented to the street,not an interior
courtyard or parking lot;
B. The primary access shall be oriented to the pedestrian and mass transit;
C. The facade shall maintain detailing and glass in sufficient quantities to
facilitate pedestrian interest and interaction;
D. Architectural detailing shall emphasize the pedestrian level of the
building;
E. Parking lots shall be appropriately screened and landscaped to minimize
their impact on the neighborhood;
F. Parking lot lighting shall be shielded to eliminate excessive glare or light
into adjacent neighborhoods;
G. Dumpsters and loading docks shall be appropriately screened or located
within the structure,and;
H.Signage shall emphasize the pedestrian/mass transit orientation.
21A.55.100 Perimeter Setback:
If the planned development abuts a residential lot or a lot in a residential
zoning district whose side and rear yard setback requirements arc greater than the
planned development lot's requirements,then the side and rear yard setback
requirements of the subject planned development parcel shall be equal to the side
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and rear yard setback requirements of the abutting residentially used property or
residentially zoned parcel.
21A.55.110: Development Plan:
The applicant must file an application for planned development approval with
the Zoning Administrator.
A. Application Requirements:The planned development application shall be
submitted on a form provided by the Zoning Administrator accompanied
by such number of copies of documents as the Zoning Administrator may
require for processing of the application,and shall include at least the
following information set forth below:
1.General Information:
i.The applicant's name,address,telephone number and interest in the
property;
ii.The owner's name,address and telephone number,if different than
the applicant,and the owner's signed consent to the filing of the
application;
iii.The street address and legal description of the subject property;
iv.The zoning classification,zoning district boundaries and present
use of the subject property;
v.A vicinity map with north arrow,scale,and date,indicating the
zoning classifications and current uses of properties within eighty
five feet(85')(exclusive of intervening streets and alleys)of the
subject property;and
vi.The proposed title of the project and the names,addresses and
telephone numbers of the architect,landscape architect,planner or
engineer on the project.
vii.A signed statement that the applicant has met with and explained
the proposed conditional use to the appropriate neighborhood
organization entitled to receive notice pursuant to title 2,chapter
2.62 of this code;
2. Planned Development Plan:A planned development plan at a scale of
twenty feet to the inch(20'=1")or larger,unless otherwise approved
by the Zoning Administrator,setting forth at least the following,unless
waived by the Zoning Administrator:
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i.The location,dimensions and total area of the site;
ii.The location,dimensions,floor area,type of construction and use
of each proposed building or structure;
iii.The number,the size and type of dwelling units in each building,
and the overall dwelling unit density;
iv.The proposed treatment of open spaces and the exterior surfaces
of all structures,with sketches of proposed landscaping and
structures,including typical elevations;
v.Architectural graphics,if requested by the Zoning Administrator,
including typical floor plans and elevations,profiles and cross
sections;
vi.The number,location and dimensions of parking spaces and
loading docks,with means of ingress and egress;
vii.The proposed traffic circulation pattern within the area of the
development,including the location and description of public
improvements to be installed,including any streets and access
easements;
viii.A traffic impact analysis(if required by the City Transportation
Division);
ix.The location and purpose of any existing or proposed dedication
or easement;
x.The general drainage plan for the development tract;
xi.The location and dimensions of adjacent properties,abutting
public rights of way and easements,and utilities serving the site;
xii.Significant topographical or physical features of the site,
including existing trees;
xiii.Soils and subsurface conditions,if requested;
xiv.The location and proposed treatment of any historical structure
or other historical design element or feature;
xv.One copy of the development plan colored or shaded
(unmounted)for legibility and presentation at public meetings;and
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xvi.A reduction of the development plan to eight and one-half by
eleven inches(8 1/2 x 1 l").The reduction need not include any
area outside the property lines of the subject site.
3. Plat Of Survey:A plat of survey of the parcel of land,lot,lots,block,
blocks,or parts or portions thereof,drawn to scale,showing the actual
dimensions of the parcel,lot,lots,block,blocks,or portions thereof,
according to the registered or recorded plat of such land.
4. A Preliminary Subdivision Plat,If Required:A preliminary
subdivision plat showing that the planned development consists of and
is conterminous with a single lot described in a recorded subdivision
plat,or a proposed resubdivision or consolidation to create a single lot
or separate lots of record in suitable form ready for review.
5. Additional Information:The application shall also contain the
following information as well as such additional information,
drawings,plans or documentation as may be requested by the Zoning
Administrator or the Planning Commission if determined necessary or
appropriate for a full and proper consideration and disposition of the
application:
i. When the proposed planned development includes provisions for
common open space or recreational facilities,a statement
describing the provision to he made for the care and maintenance
of such open space or recreational facilities;
ii. A written statement showing the relationship of the proposed
planned development to any adopted General Plan of the City;
iii. A written statement with supporting graphics showing how the
proposed planned development is compatible with other property
in the neighborhood.
B. Review Procedure:Upon the review of a planned development
application,the applicable City Department/Division shall notify the
applicant of any deficiencies and or modifications necessary to complete
the application.
1. Public Hearing:Upon receiving site plan review and recommendation
from the applicable City Department(s)/Division(s),and completing a
staff report,the planning commission shall hold a public hearing to
review the planned development application in accordance with the
standards and procedures set forth in part II,chapter 21 A.10 of this
title.
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2. Planning Commission Action:Following the public hearing,the
planning commission shall decide,on the basis of the standards
contained in subsection 21A.55.050 whether to approve,approve with
modifications or conditions,or deny the application.
3. Notification Of Decision:The planning director shall notify the
applicant of the decision of the planning commission in writing,
accompanied by one copy of the submitted plans marked to show such
decision and a copy of the motion approving,approving with
modifications,or denying the development plan application.
21A55.120 Appeal of the Planning Commission Decision:
Any party aggrieved by a decision of the Planning Commission on an
application for a planned development may file an appeal to the land use appeals
board within ten(10)days of the date of the record of decision. The filing of the
appeal shall not stay the decision of the Planning Commission pending the
outcome of the appeal,unless the Planning Commission takes specific action to
stay a decision.
21A.55.130 Time Limit On Approved Planned Development:
No planned development approval shall he valid for a period longer than one
year unless a building permit has been issued or complete building plans have
been submitted to the Division of Building Services and Licensing. The Planning
Commission may grant an extension of a Planned Development for up to one(I)
additional year when the applicant is able to demonstrate no change in
circumstance that would result in an unmitigated impact.Extension requests must
be submitted prior to the expiration of the planned development approval.
21A.55.140 Effect Of Approval Of Planned Development:
The approval of a proposed planned development by the planning commission
shall not authorize the establishment or extension of any use nor the development,
construction,reconstruction,alteration or moving of any building or structure,but
shall authorize the preparation,filing and processing of applications for any
permits or approvals that may be required by the regulations of the city,including,
but not limited to,a building permit,a certificate of occupancy and subdivision
approval.
21 A.55.150 Regulation During And Following Completion Of Development:
Following planned development approval,the development plan,rather than
any other provision of this title,shall constitute the use,parking,loading,sign,
bulk,space and yard regulations applicable to the subject property,and no use or
development,other than home occupation and temporary uses,not allowed by the
development plan shall be permitted within the area of the planned development.
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21 A.55.160 Modifications To Development Plan:
A. New Application Required For Modifications And Amendments:No
substantial modification or amendment shall be made in the construction,
development or use without a new application under the provisions of this
title.Minor modifications or amendments may be made subject to written
approval of the planning director and the date for completion may be
extended by the planning commission upon recommendation of the
planning director.
B. Minor Modifications:The planning director may authorize minor
modifications to the approved development plan pursuant to the provisions
for modifications to an approved site plan as set forth in chapter 21 A.58 of
this part,when such modifications appear necessary in light of technical or
engineering considerations.Such minor modifications shall be limited to
the following elements:
1. Adjusting the distance as shown on the approved development plan
between any one structure or group of structures,and any other
structure or group of structures,or any vehicular circulation element or
any boundary of the site;
2. Adjusting the location of any open space;
3. Adjusting any final grade;
4. Altering the types of landscaping elements and their arrangement
within the required landscaping buffer area;
5. Signs;
6. Relocation or construction of accessory structures;or
7. Additions which comply with the lot and bulk requirements of the
underlying zone.
Such minor modifications shall be consistent with the intent and purpose of
this title and the development plan as approved pursuant to this section,and
shall be the minimum necessary to overcome the particular difficulty and shall
not be approved if such modifications would result in a violation of any
standard or requirement of this title.
C. Major Modifications:Any modifications to the approved development
plan not authorized by subsection 21A.55.160(2)of this section shall be
considered to be a major modification.The planning commission shall
give notice to all property owners consistent with notification
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requirements located in chapter 21 A.10 of this Code. The planning
commission may approve an application for a major modification to the
approved development plan,not requiring a modification of written
conditions of approval or recorded easements,upon finding that any
changes in the plan as approved will be in substantial conformity with the
approved development plan.If the commission determines that a major
modification is not in substantial conformity with the approved
development plan,then the commission shall review the request in
accordance with the procedures set forth in this subsection.
21A.55.170 Disclosure Of Private Infrastructure Costs For Planned
Developments:
Planned developments,approved under this title after January 1, 1997,shall
include provisions for disclosure of future private infrastructure maintenance and
placement costs to unit owners.
A. Infrastructure Maintenance Estimates:Using generally accepted
accounting principles,the developer of any planned development shall
calculate an initial estimate of the costs for maintenance and capital
improvements of all infrastructure for the planned development including
roads,sidewalks,curbs,gutters,water and sewer pipes and related
facilities,drainage systems,landscaped or paved common areas and other
similar facilities("infrastructure"),for a period of sixty(60)years
following the recording of the subdivision plat for the estimated date of
first unit occupancy of the planned development,whichever is later.
B. Initial Estimate Disclosure:The following measures shall be incorporated
in planned developments to assure that owners and future owners have
received adequate disclosure of potential infrastructure maintenance and
replacement costs:
1. The cost estimate shall he recorded with and referenced on the
recorded plat for any planned development.The initial disclosure
estimate shall cover all private infrastructure items and shall be
prepared for six(6)increments of ten(10)years each.
2. The recorded plat shall also contain a statement entitled"Notice to
Purchasers"disclosing that the infrastructure is privately owned and
that the maintenance,repair,replacement and operation of the
infrastructure is the responsibility of the property owners and will not
be assumed by the city.
3. The cost estimate shall be specifically and separately disclosed to the
purchaser of any property in the planned development,upon initial
purchase and also upon all future purchases for the duration of the
sixty(60)year period.
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C. Yearly Maintenance Statements: The entity responsible for the operation
and maintenance of the infrastructure shall, at least once each calendar
year, notify all property owners in the planned development of the
estimated yearly expenditures for maintenance, repair, operation or
replacement of infrastructure, and at least once each calendar year shall
notify all property owners of the actual expenditures incurred, and shall
specify the reason(s) for any variance between the estimated expenditures
and the actual expenditures.
D. Maintenance Responsibilities: The property owners in a planned
development shall be collectively and individually responsible, on a pro
rata basis, for operating, maintaining, repairing and replacing
infrastructure to the extent necessary to ensure that access to the planned
development is available to the city for emergency and other services and
to ensure that the condition of the private infrastructure allows for the
city's continued and uninterrupted operation of public facilities to which
the private infrastructure may be connected or to which it may be adjacent.
SECTION 22. Amending text of Salt Lake City Code section 21A.62.040. That section
21A.62.040.E of the Salt Lake City Code (Definitions), shall be, and hereby is, amended amend
the definition of"PLANNED DEVELOPMENT" to read as follows:
PLANNED DEVELOPMENT: -- A type of land development that requires more
planning flexibility than is otherwise allowed under a strict application of zoning
requirements and/or lot configuration, in order to create a development that
achieves/implements adopted development policies/goals of the City. A planned
development is controlled by a single landowner or by a group of landowners in
common agreement as to control, to be developed as a single entity, the character
of which is compatible with adjacent parcels and the intent of the zoning district
or districts in which it is located. The planned development maintains the same
density that is permitted by the underlying zone.
SECTION 23. Amending text of Salt Lake City Code section 2.62.030. That the text of
section 2.62.030.A of the Salt Lake City Code (Recognized or Registered Organization
Notification Procedures: Required Notices), shall be, and hereby is amended to read:
A. The planning and zoning division shall submit to each recognized or
registered organization copies of the planning commission public meeting
agendas and shall also submit to neighborhood and community organizations
recognized pursuant to subsection 2.60.020C of this title, or its successor
subsection, applications for changes to zoning ordinances. planned
developments or conditional use applications pertaining to territory located
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within, or within six hundred feet (600') of the border of such recognized
organizations.
SECTION 24. Amending text of Salt Lake City Code section 2.62.040. That the text of
section 2.62.040.B of the Salt Lake City Code (Recognized or Registered Organization
Notification Procedures: Participation in Planning Process), shall be, and hereby is amended to
read:
B. The Salt Lake City planning division staff shall encourage all zoning petition,
planned development and/or conditional use applicants to meet with affected
recognized organizations to discuss and receive input on the petition or
application proposal prior to scheduling the matter for consideration by the
planning commission. A report of the discussions with the affected recognized
organizations and the applicant shall be contained in the planning commission
staff report.
SECTION 25. 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 13 y of Ap it
2010.
CH E SO
ATTEST AND COUNTERSIGN:
O ER
Transmitted to Mayor on Apri120,2010
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Mayor's Action: .zYApproved. Vetoed.
MAYOR
, `lr. /. - . A, , I /
CORDER
► APPROVED AS TO FORM
'/ Y.' �. A\� Salt Lake City Attorney's Office
(SEAL) � *3 ^ t f Date:,
By:
Bill No. 23 of 2010. 4r •"l" Pa I C. ielso e for City Attorney
Published: April 28, 2010 'wwkT w:, ► 4,4,
HB_ATTY-#103 I I-v4-Ordinance_-_Planned_Development Revisions.DOC
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