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007 of 1999 - Amending the Salt Lake City Code regarding Approval of Subdivision Amendments0 99-1 0 98-27 SALT LAKE CITY ORDINANCE No. 7 of 1999 (Amending the Salt Lake City Code regarding Approval of Subdivision Amendments.) AN ORDINANCE AMENDING TITLE 20 OF THE SALT LAKE CITY CODE REGARDING APPROVAL OF SUBDIVISION AMENDMENTS AND OTHER RELATED CHANGES. WHEREAS, the Utah Code allows municipalities under the Council -Mayor form of government to enact ordinances providing for the manner in which subdivisions are approved and amended; and WHEREAS, the City Council finds it desirable to clarify, simplify and expedite the process by which subdivision amendments can be reviewed and approved; and WHEREAS, after hearings before the Salt Lake City Planning Commission and the Salt Lake City Council, the City Council finds that the amendments set forth herein are in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah: SECTION 1. That Section 20.04.020 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.04.020 Statutory authority. The ordinance codified in this title is enacted pursuant to Title 10, Utah Code Annotated, 1953, or its successor. The ordinance codified in this title is further enacted as an implementation element of the adopted Salt Lake City Master Plan. SECTION 2. Section 20.08.185 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.08.185 Lot line adjustment. "Lot line adjustment" in a subdivision means the relocation of the property boundary line between two adjoining lots with the consent of the owners of record as required by this title. SECTION 3. Section 20.08.205 of the Salt Lake City Code shall be and hereby is deleted in its entirety. SECTION 4. Section 20.08.210 A of the Salt Lake City Code shall be and hereby is amended to read as follows: A. The division of real property, including condominiums and planned unit developments, into thirty or fewer lots which have frontage on an existing dedicated street or on a street to be dedicated as part of the subdivision and which are not located within the foothill "FR-1," "FR-2," "FR-3" overlay zone or the preservation "FP" zone; SECTION 5. Section 20.08.305 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 20.08.305 Subdivision amendment involving streets. "Subdivision amendment involving streets" means a proposed change to any subdivision for which a subdivision plat has been previously approved and recorded and which results in any change to the dedicated streets from the original subdivision plat. SECTION 6. Section 20.08.307 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 20.08.307 Subdivision amendment not involving streets. "Subdivision amendment not involving streets" means a proposed change to any subdivision, for which a subdivision or plat has been previously approved and recorded and which does not result in any change to the dedicated streets from the original subdivision plat. SECTION 7. Section 20.16.095 A of the Salt Lake City Code shall be and hereby is amended to read as follows: A. Within thirty days after the filing of a preliminary plat of a subdivision in a foothill "FR-1," "FR-2," "FR-3" or preservation "FP" zone and any other information required, unless such time is extended by agreement with the subdivider, the planning commission shall hold a hearing. The subdivider shall make a presentation of the subdivision proposal to the planning commission. The planning staff shall present a report preliminarily identifying any issues relating to the project based on either the project's location, topography, 2 relationship to city improvements, master plans or otherwise. Any interested party may also present their comments regarding the proposed subdivision. SECTION 8. Section 20.16.130 of the Salt Lake City Code shall be and hereby is enacted to read as follows: 20.16.130 Appeal of Planning Commission Decision. A. Any person adversely affected by any final decision made by the Planning Commission under this chapter may file a petition for review of the decision with the Land Use Appeals Board within thirty days after the decision is rendered. B. The appeal shall specify any alleged error made by the Planning Commission and shall be considered by the Land Use Appeals Board on the record made before the Planning Commission. No new evidence will be heard by the Land Use Appeals Board unless such evidence was improperly excluded from consideration by the Planning Commission. SECTION 9. The first paragraph of Section 20.20.030 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.20.030 Filing of plat and information. The subdivider of a minor subdivision shall file an application with the planning office on a form prescribed by the City. The application shall include: SECTION 10. Section 20.20.040 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.20.040 Site development permit required when. The planning director, or designee, after receiving the minor subdivision plat, shall indicate to the subdivider whether a site development permit, as specified in Chapter 18.28 of this code, is required prior to the subdivider altering the terrain or vegetation on the proposed subdivision site. The site development permit will be issued at the time of planning commission approval of the minor subdivision. SECTION 11. Section 20.20.050 of the Salt Lake City Code shall be and hereby is amended to read as follows: 3 20.20.050 City internal review. The planning director, or designee, shall obtain comments regarding the application from all interested city departments or divisions. SECTION 12. Section 20.20.060 A and C of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.20.060 Public notice of administrative consideration. A. The planning director, or designee, shall schedule the time for a public administrative consideration of the proposed minor subdivision. The administrative consideration shall not be scheduled less than fourteen, nor more than twenty eight, days after the notices required by this section have been mailed. C. The mailed notice shall include a plan or drawing of the proposed minor subdivision. The notice shall inform the notified party of the date and time of the administrative consideration of the proposed minor subdivision. The notice shall specify that if no prior objection to the administrative consideration is received, the planning director, or designee, may approve the minor subdivision. The notice shall further specify that if no objection is received within fourteen (14) days after approval at the administrative consideration, such approval shall be final. SECTION 13. The first paragraph of Section 20.20.070 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.20.070 Administrative approval. If no objection is received as required by Section 20.20.080 or its successor, the planning director, or designee, may, at the administrative consideration, approve the proposed minor subdivision if the planning director, or designee, finds that: SECTION 14. Section 20.20.080 A of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.20.080 Appeal of administrative consideration. A. The petitioner or any person who objects to the planning director, or designee, administratively considering the minor subdivision may request a hearing before the planning commission by filing a written notice within fourteen (14) days after the planning director's scheduled administrative consideration. 4 SECTION 15. Section 20.20.090 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.20.090 Appeal of Planning Commission Decision. A. The petitioner or any person who is aggrieved by a finding of the planning commission concerning the approval of a proposed minor subdivision and who objected to the administrative consideration, may appeal the finding of the planning commission by filing a written notice of appeal to the Land Use Appeals Board within thirty days of the planning commission's decision becoming final. B. The appeal shall specify any alleged error made by the planning commission and shall be considered by the Land Use Appeals Board on the record made before the planning commission. No new evidence will be heard by the Land Use Appeals Board unless such evidence was improperly excluded from consideration by the planning commission. SECTION 16. Section 20.20.100 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.20.100 Planning director final approval of recordable instrument. The planning director, or designee, is designated to execute for the city the final recordable instrument for any approved minor subdivision upon the planning director's or designee's satisfaction that all conditions required by law have been fulfilled. SECTION 17. Section 20.20.110 A of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.20.110 Recordable instrument. A. Minor subdivisions which include the dedication or construction of streets or other public rights -of -way or the construction of public improvements shall be processed as a final plat and recorded on a subdivision plat map with the county recorder. SECTION 18. Section 20.20.120 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.20.120 Report of planning director's actions. The planning director shall periodically report to the mayor and the planning commission of any action 5 taken by the planning director, or designee, regarding minor subdivisions pursuant to this chapter. SECTION 19. Section 20.24.010 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.24.010. Filing date for final plat. Within eighteen months after the approval or conditional approval of the preliminary plat, a subdivider shall cause his/her subdivision, or any part thereof, to be surveyed and a final plat thereof prepared in conformance with the preliminary plat as approved, including conformance with any conditions attached to such approval. The tracing and paper prints of the final plat may be approved by the mayor upon recommendation by the planning commission, the planning director, or designee, provided that written application is filed by the subdivider not less than thirty days in advance of the expiration of the preliminary plat. SECTION 20. Section 20.28.010A of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.28.010. Required improvements - Improvement agreement conditions. A. The subdivider shall improve, or agree to improve, all streets, pedestrian ways or easements in the subdivision, and adjacent streets required to serve the subdivision. No permanent improvement work shall be commenced until improvement plans and profiles have been approved by the city engineer and a subdivision agreement contract has been concluded between the subdivider and the city. Improvements shall 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 Title 18.28, Site Development Regulations, or its successor, as adopted by the city. The cost of inspection shall be paid by the subdivider. SECTION 21. Chapter 20.29 of the Salt Lake City Code shall be and hereby is enacted to read as set forth on Exhibit "A" attached hereto. SECTION 22. Chapter 20.30 of the Salt Lake City Code shall be and hereby is deleted in its entirety. 6 SECTION 23. Chapter 20.31 of the Salt Lake City Code shall be and hereby is enacted to read as set forth on Exhibit `B" attached hereto. SECTION 24. Section 20.32.010A of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.32.010. Modifications - Permitted when - Petition from subdivider. A. Whenever the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider fully to conform to the standard specifications contained in Title 18.28, Site Development Regulations, or its successor, the planning commission may recommend and the mayor may permit such modification thereof as may be reasonably necessary if such modifications are in conformity with the spirit and purpose of this title. SECTION 25. Section 20.32.020 of the Salt Lake City Code shall be and hereby is amended to read as follows: 20.32.020 Modifications - Planned developments. A. The planning commission shall review applications on planned developments, and may approve modifications of zoning ordinances as may be appropriate and necessary, in accordance with the criteria established in Title 21A of the Salt Lake City Code regarding planned developments. B. Additionally, upon an application of a planned development that desires approval as a subdivision of lots under this title, the planning commission shall review the application, pursuant to the procedure governing subdivisions, but, in its discretion, may waive portions of the requirements of this title or Title 21A applicable to lot area, size, minimum side yards, public road dedication and minimum road frontage setbacks upon terms or conditions as it deems appropriate and consistent with criteria set forth in Title 21A of the Salt Lake City Code regarding planned developments. SECTION 26. Section 20.32.030 of the Salt Lake City Code shall be and hereby is amended to read as follows: 7 20.32.030 Appeals. A. Any person adversely affected by any final decision made by the mayor under Section 20.32.010, concerning modifications to the standard subdivision specifications contained in Title 18.28, Site Development Regulations, or its successor, may file a petition for review of the decision with the district court within 30 days after the decision is rendered. B. Any person adversely affected by any final decision made by the planning commission under Section 20.32.020, concerning modifications to a subdivision involving a planned development may file an appeal with the Land Use Appeals Board within 30 days after the decision is rendered, pursuant to Chapter 21A.54.160. SECTION 27. Sections 20.32.040, 050, 060 and 070 of the Salt Lake City Code shall be and hereby are deleted in their entirety. SECTION 28. Section 21A.06.080 B of the Salt Lake City Code shall be and hereby is amended to read as follows: B. Jurisdiction and Authority. The land use appeals board shall have the following powers and duties in connection with the implementation of this title: 1. Hear and decide appeals from decisions made by the historic landmark commission pursuant to the procedures and standards set forth in Section 21A.34.020 F2h; 2. Hear and decide appeals from decisions made by the planning commission concerning subdivisions or subdivision amendments pursuant to the procedures and standards set forth in Section 20 of the Salt Lake City Code; and 3. Hear and decide appeals from decisions made by the planning commission regarding conditional uses or planned developments pursuant to the procedures and standards set forth in Section 21A.54.160 of the Salt Lake City Code. SECTION 29. Section 21A.06.080 M of the Salt Lake City Code shall be and hereby is enacted to read as follows: M. Appeals. Any person adversely affected by any final decision made by the Land Use Appeals Board may file a petition for review of the decision with the district court within 30 days after the decision is rendered. 8 SECTION 30. Effective Date. This ordinance shall take effect immediately upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 19th day of January 1999. ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on January 19, 1999 Mayor's Action: xx Approved Vetoed. ATTEST: IEF DEPUTY CITY RECORDER (SEAL) Bill No. 7 of 1999. Published: January 26, 1999 • G:\Ordina98\amending slc code re subdivisions - legis.doc m XI 3'rk'xcif"t7 5,-...tiZ 3,-, Y• ,:•,,,,,e i',...-:-.4'... ;',., CAfq...:2 03to EQ i 1 9 Chapter 20.29 Routine and uncontested lot line adjustments. 20.29.010 20.29.020 20.29.030 20.29.040 20.29.050 20.29.060 Purpose Applicability General Application Contents Fees City Internal Review Recordable Instrument 20.29.010 Purpose The purpose of this chapter is to enable routine and uncontested lot line adjustments between two lots to be considered and approved administratively by the planning division. 20.29 020 Applicability This chapter applies to routine and uncontested lot line adjustments between two legally existing agricultural, residential, commercial or industrial subdivision lots. Applications processed pursuant to this chapter shall: A. Meet all applicable zoning requirements. B. Receive the consenting signatures of all abutting property owners as specified in section 20.29.030. C. Not affect any street right-of-way. D. Not create any new lots. 20.29.030 General application contents The application for routine and uncontested lot line adjustments shall include: A. The signatures of approval of all abutting property owners and property owners directly across any abutting street(s) on a form provided by the planning division. B. Six (6) copies of a preliminary plat drawing in accordance with chapter 20.16, preliminary plats and section 20.08.250, preliminary plat, showing the land to be subdivided, properly and accurately drawn to scale, certified as accurate by a registered Land Surveyor or Professional Engineer. C. A current Sidwell Map (with aerial photograph and ownership lines) from the Salt Lake County Recorder's Office showing the entire subject area. 20.29.040 Fees. The petitioners shall pay an application review fee of (200) two hundred dollars. 20.29.050 City internal review. The Planning Director or designee shall review the application for completeness and for compliance to the regulations of the zoning ordinance. Upon review of the application and preliminary plat, the planning director, or designee may either approve the lot line adjustment or forward the application through the minor subdivision process as described in Chapter 20.20. 20.29.060 Recordable instrument. The Planning Director or designee shall record a Notice with the Salt Lake County Recorder's Office containing the legal description of each new lot and stating any conditions of approval. Chapter 20.31 SUBDIVISION AMENDMENTS Sections: Article I General Provisions 20.31.010 Amendment initiation. 20.31.020 Petition filing. 20.31.030 General petition contents. 20.31.040 Fees. Article II. Subdivision amendments not involving streets 20.31.050 Applicability. 20.31.060 City internal review. 20.31.070 20.31.080 20.31.090 20.31.100 20.31.120 20.31.130 Staff report. Administrative Hearing Standards for approval of amendment petition. Appeal from administrative decision. Planning commission hearing. Recordable instrument. Article III. Subdivision amendments involving streets. 20.31.140 Purpose and authorization. 20.31.150 City internal review. 20.31.160 Staff report. 20.31.180 Planning Commission Hearing 20.31.190 City Council Hearing. 20.31.200 Recordable instrument Article IV. Appeals and enforcement. 20.31.310 Exhaustion of administrative remedies. 20.31.320 Appeal from Planning Commission decision. 20.31.330 Appeals from Land Use Appeals Board and City Council decisions. 20.31.340 Enforcement. 20.31.350 Civil Penalties. Article I General Provisions 20.31.010 Amendment initiation. The city may, with or without an amendment petition, consider any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot or alley contained in a subdivision plat pursuant to the provisions of this chapter. (Ord. 71-94 § 1 (part), 1994) 20.31.020 Petition filing. The owner of any land within a recorded subdivision may submit an amendment petition to the city planning director or designee pursuant to the provisions of this chapter. (Ord. 71-94 § 1 (part), 1994) 20.31.030 General petition contents An amendment petition shall include: A. A letter to the Mayor requesting a subdivision plat amendment; B. Ten (10) copies of a preliminary plat drawing showing the land to be subdivided, properly and accurately drawn to scale, certified as accurate by a registered land surveyor or professional engineer; C. One (1) reduced 11 "x17" or 8.5"x11" copy of the preliminary plat drawing; D. The name and address, on gummed mailing labels, of the following: 1. All owners, as shown in the last county assessment roles, of the land contained in the entire original or previously amended subdivision plat and of all property owners within 300 feet of the property (excluding streets) that is the subject of the proposed plat change; 2. All owners, as shown in the last county assessment roles, of land within the subdivision plat or adjacent to any street that is proposed to be closed, vacated, altered or amended, 3. The name and address of the petitioner; 4. The name and address of the Chairperson(s) of the affected Community Council(s) or effected recognized or registered organizations pursuant to Chapter 2.62 or its successor; and, E. A current Sidwell Map (with aerial photograph and ownership lines) from the Salt Lake County Recorder's Office showing the entire subdivision plat and notice area. 20.31.040 Fees. The petitioners shall pay, with the amendment petition, the appropriate fees pursuant to the following schedule: A. Petition filing fee: (350) three hundred and fifty dollars plus (25) twenty five dollars per lot; B. The cost of postage for each mailing label as required by section 20.31.30D. Article II. Subdivision amendments not involving streets. 20.31.050 Applicability Residential, commercial, industrial or agricultural subdivision amendments not involving the closure, vacation, alteration or amendment of any street or, that cannot be processed under Chapter 20.29 as routine and uncontested lot line adjustments, shall be processed pursuant to this article. 20.31.060 City internal review. A. The planning director or designee shall obtain comments regarding the amendment petition from all interested city departments or divisions. B. The division of transportation may, if the division determines that the proposed amendment petition may have an adverse material impact on traffic, require the applicant to submit a professionally prepared traffic impact study prior to the hearing on the application. (Ord. 71-94 § 1 (part), 1994) C. The departmental comments shall be transmitted to the petitioner. 20.31.070 Staff report. The planning director or designee shall assign a member of the director's staff to prepare a written report regarding the amendment petition after completion of the internal review or receipt of the traffic study, whichever is later. (Ord. 71-94 § 1 (part), 1994) 20.31.080 Administrative Hearing A. The Planning Director or designee shall hold a public Administrative Hearing to consider the amendment petition. B. Notice of the Administrative Hearing shall be mailed to all individuals and entities identified in Section 20.31.030.D. or its successor, and shall also be posted on the subject property at least fourteen (14) days prior to the scheduled hearing. C. The Planning Director or designee shall review all city departmental comments, comments from the petitioner and other individuals and may either: 1. Approve or deny the petition based upon the standards set forth in section 20.31.090; or 2. Forward the amendment petition to the Planning Commission. 20.31.090 Standards for approval of amendment petition. An amendment petition shall be approved only if it meets all of the following requirements: A. The amendment will be in the best interests of the city; B. All lots comply with all applicable zoning standards; C. All necessary and required dedications are made; D. Provisions for the construction of any required public improvements are included; E. The amendment complies with all applicable laws and regulations;(Ord. 71-94 § 1 (part), 1994) and F. The amendment does not materially injure the public or any person and there is good cause for the amendment. 20.31.100 Appeals from administrative decision. A. If the petitioner, or any notified individual or organization disagrees with the planning director's decision, a written objection, clearly specifying the reasons therefore, shall be filed with the City within fourteen (14) days following the administrative hearing. B. The objection shall be heard before the Planning Commission subject to the following provisions of Section 20.31.120. 20.31.120 Planning Commission hearing. A. The Planning Commission shall hold a public hearing to consider the amendment petition. B. Notice of the Planning Commission hearing shall be mailed to all individuals and entities identified in section 20.31.030.D, or its successor, and shall also be posted on the subject property at least fourteen (14) days prior to the scheduled hearing. C. The Planning Commission shall review all city departmental comments, comments from the petitioner and other individuals, and shall approve or deny the amendment petition with specific findings of fact, according to the standards for approval set forth in section 20.31.090. 20.31.130 Recordable instrument. If the amendment petition is approved, the planning director shall execute and record the final amended subdivision plat and such other documents as may be required. (Ord. 71-94 § 1 (part), 1994) Article III. Subdivision amendments involving streets. 20.31.140 Purpose and authorization. If the amendment petition involves closure, vacation, alteration or amendment of any street the amendment petition shall be processed pursuant to the provisions of this article. (Ord. 71-94 § 1 (part), 1994) 20.31.150 City internal review. A. The planning director or designee shall obtain comments regarding the amendment petition from all interested city departments or divisions. B. The division of transportation may, if the division determines that the proposed amendment petition may have an adverse material impact on traffic, require the applicant to submit a professionally prepared traffic impact study prior to the hearing on the application. (Ord. 71-94 § 1 (part), 1994) C. The departmental comments shall be transmitted to the petitioner. 20.31.160 Staff report. The planning director shall assign a member of the director's staff to prepare a written report regarding the amendment petition after completion of the internal review or receipt of the traffic study, whichever is later. (Ord. 71-94 § 1 (part), 1994) 20.31.180 Planning Commission Hearing. A. The Planning Commission shall hold a public hearing to consider the amendment petition. B. Notice of the Planning Commission hearing shall be mailed to all individuals and entities identified in section 20.31.030.D. or its successor, and shall also be posted on the subject property at least fourteen (14) days prior to the scheduled hearing. C. The Planning Commission shall review all city departmental requirements, comments from the petitioner and other individuals, and shall approve or deny the amendment petition with specific findings of fact, according to the standards for approval set forth in section 20.31.090. 20.31.190 City Council hearing A. The City Council shall hold a public hearing to consider the amendment petition. B. A Notice of public hearing before the Salt Lake City Council shall be mailed to all individuals and entities identified in Section 20.31.030.D. or its successor, shall be posted on the subject property at least fourteen (14) days prior to the scheduled administrative hearing, and shall be published once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the city. C. The City Council shall review all city departmental requirements, comments from the petitioner and other individuals, the recommendation of the Planning Commission and shall approve or deny the amendment petition with specific findings of fact, according to the standards for approval set forth in section 20.31.090. 20.31.200 Recordable instrument. If the amendment petition is approved by the council, the planning director shall execute and record the final amended subdivision plat and such other documents as may be required. (Ord. 71-94 § 1 (part), 1994) Article IV. Appeals and Enforcement 20.31.310 Exhaustion of administrative remedies. No person may challenge in district court the city's actions on an amendment petition under this chapter until that person has exhausted all available administrative remedies. 20.31.320 Appeal from Planning Commission decision. Any person adversely effected by any final decision made by the Planning Commission under this chapter may file a petition for review of the decision with the Land Use Appeals Board within thirty days after the decision is rendered. The appeal shall specify any alleged error made by the Planning Commission and shall be considered by the Land Use Appeals Board on the record made before the Planning Commission. No new evidence will be heard by the Land Use Appeals Board unless such evidence was improperly excluded from consideration by the Planning Commission. 20.31.330 Appeals from Land Use Appeals Board and City Council decisions. Any person adversely effected by any final decision made by the Land Use Appeals Board or the City Council under this chapter may file a petition for review of the decision with the district court with in thirty days after the decision is rendered. 20.31.340 Enforcement. A. The city, in addition to any other remedy provided by law, may seek to prevent any remedy or violation of this chapter which has occurred or is about to occur by instituting a proceeding for an injunction, mandamus, abatement or any other appropriate action. refusing to issue building permits. 20.31.350 Civil penalties. Any violations of the provisions of this chapter shall subject the violator to a civil penalty in the following amounts: A. Two hundred dollars per day of the violation if the violation occurs in the foothill zoning districts,FR-1, Foothills Estate Residential District. FR-2, Foothills Residential District,FR-3, Foothills Residential District or FP, Foothills Protection District. B. One hundred dollars per day of the violation for any other violation.