Transmittal - 8/19/2021ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV
P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269
CITY COUNCIL TRANSMITTAL
________________________ Date Received: _________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE:
Amy Fowler, Chair
FROM: Blake Thomas, Director Department of Community & Neighborhoods
__________________________
SUBJECT: Petition PLNPCM2020-00503
Permitting Restaurants in the PL – Public Lands Zoning District
STAFF CONTACT: Amanda Roman, Principal Planner
(385) 386-2765, amanda.roman@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council amend the text of the zoning ordinance as
recommended by the Planning Commission.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: A zoning text amendment, initiated by Mayor Erin
Mendenhall, to amend the land use table in the zoning ordinance and add restaurants as a permitted
use within the Public Lands District (Section 21A.33.070). Under the current ordinance,
restaurants may operate as an accessory use, but are not permitted as a standalone entity. Accessory
uses are intended to serve and contribute to a principal use and must be located on the same lot
and under the same ownership as the principal use. In response to public inquiry, Mayor
Mendenhall asked Planning staff to review the Zoning Ordinance and provide a recommendation
on whether permitting restaurants to operate independently of a principal use is appropriate within
the zone.
The purpose of the Public Lands zone (section 21A.32.070) is to delineate areas of public use and
control the potential redevelopment of public uses, lands, and facilities. The majority of the land
under the zoning designation is owned by government entities. If amended, restaurants would
July 7, 2021
Lisa Shaffer (Jul 14, 2021 15:02 MDT)
07/14/2021
07/14/2021
adhere to the same regulations as other permitted uses in the zone, which requires permitted and
conditional uses to be located on lots with a minimum lot area of 20,000 square feet and a minimum
lot width of 75 feet.
If adopted, the proposed text amendment would provide opportunities for new businesses to open
and for existing businesses to expand their hours of operation. Permitting restaurants would
activate existing buildings and public spaces that are underutilized or unprogrammed after peak
hours. For example, Cytybyrd Café, which is located within the City and County Building, could
expand their hours of operation to provide dinner service and could remain open on weekends.
There are approximately 115 existing parcels in Salt Lake City (5%) that are zoned Public Lands
and are at least 20,000 square feet in size. The Planning Commission Staff Report in Exhibit 3B
provides a comprehensive review of the parcels that would be potentially affected by the
proposed zoning text amendment.
PUBLIC PROCESS:
Community Council Notice: A notice of application was sent to all Salt Lake City Recognized
Community Organizations on August 4, 2020 regarding the proposed text amendment. The
Recognized Organizations were given 45 days to respond with any concerns or to request staff to
meet with them and discuss the proposed amendment. No Community Council requested that
staff attend a meeting and no formal comments were submitted.
Public Open House: The petition was posted to the Planning Division’s Online Open House
webpage from August 4 – September 20, 2020. Five public comments were submitted during the
comment period. The public comments are included in the Planning Commission staff report in
Exhibit 3B.
Planning Commission Meeting: On October 28, 2020 the Planning Commission held a public
hearing regarding the proposed zoning text amendment. One citizen spoke in support of the
request. One citizen had concerns on how the City determines the market rate when negotiating a
lease, as there doesn’t appear to be a standard lease for commercial and non-profit activities
operating in public buildings.
The Commission asked staff for clarification on permitted uses within the Public Lands zone and
other zones under the Special Purpose District. The Commission voted 5-1 to forward a positive
recommendation to the City Council for the text amendment, consistent with the staff
recommendation.
EXHIBITS:
1. Project Chronology
2. Notice of City Council Hearing
3. Planning Commission
A) Mailing Notice
B) Staff Report
C) Agenda/Minutes/Newspaper Notice
4. Original Petition
TABLE OF CONTENTS
1.ORDINANCE
2.PROJECT CHRONOLOGY
3.NOTICE OF CITY COUNCIL HEARING
4.PLANNING COMMISSION - OCTOBER 28, 2020
A.NEWSPAPER NOTICE
B.STAFF REPORT
C.AGENDA AND MINUTES
5.ORIGINAL PETITION
1. ORDINANCE
SALT LAKE CITY ORDINANCE
No. ________ of 2021
(Amending Section 21A.33.070 of the Salt Lake City Code
to allow restaurant uses in the PL Public Lands District)
An ordinance amending Section 21A.33.070 of the Salt Lake City Code to allow
restaurant uses in the PL Public Lands District, pursuant to Petition No. PLNPCM2020-00503.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on October
28, 2020 to consider a request made by Salt Lake City Mayor Erin Mendenhall (Petition No.
PLNPCM2020-00503) to amend Section 21A.33.070 (Zoning: Land Use Tables: Table of
Permitted and Conditional Uses for Special Purpose Districts) of the Salt Lake City Code to
allow restaurant uses in the PL Public Lands District; and
WHEREAS, at its October 28, 2020 meeting, the planning commission voted in favor of
forwarding a positive recommendation to the Salt Lake City Council on said petition; and
WHEREAS, following a public hearing on this matter, the city council finds 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.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 to modify
only the row in that table pertaining to “Restaurant” use, which row shall read and appear as
follows:
Use Permitted And Conditional Uses By District
RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU
Restaurant P7 P P
The codifier is instructed to only make revisions to the table at Section 21A.33.070 as it pertains
to the row on that table pertaining to “Restaurant” uses as part of this ordinance and make no
other revisions.
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this _______ day of
______________, 2021.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2021.
Published: ______________.
Ordinance amending PL district regs to allow restaurant use
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
May 27, 2021
2. CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2020-00503
June 24, 2020 Salt Lake City Mayor Erin Mendenhall initiated a petition to amend
the text of the Zoning Ordinance to add restaurants as a permitted use
within the PL – Public Lands Zoning District. The amendment affects
section 21A.33.070 Table of Permitted and Conditional Uses for
Special Purpose Districts.
July 7, 2020 Petition PLNPCM2020-00503 assigned to Amanda Roman, Principal
Planner, for staff analysis and processing.
August 4, 2020 Petition posted to the Planning Division’s Online Open House
webpage. The public comment period ended on September 20, 2020.
October 15, 2020 Planning Commission hearing notice posted on City and State
websites.
October 17, 2020 Planning Commission hearing notice published in newspaper.
October 28, 2020 Planning Commission reviewed the petition and conducted a public
hearing. The commission then voted 5:1 to send a positive
recommendation to the City Council.
November 9, 2020 Ordinance requested from City Attorney’s office.
November 18, 2020 Planning Commission ratified minutes of the October 28, 2020
meeting.
3. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2020-00503
Permitting Restaurants in the PL – Public Lands Zoning District Zoning Text Amendment
A zoning text amendment, initiated by Mayor Erin Mendenhall, to amend the land use table in the
zoning ordinance and add restaurants as a permitted use within the Public Lands District (Section
21A.33.070). Under the current ordinance, restaurants may operate as an accessory use, but are
not permitted as a standalone entity. Accessory uses are intended to serve and contribute to a
principal use and must be located on the same lot and under the same ownership as the principal
use. The purpose of the Public Lands zone (section 21A.32.070) is to delineate areas of public use
and control the potential redevelopment of public uses, lands, and facilities. The majority of the
land under the zoning designation is owned by government entities. If amended, restaurants would
adhere to the same regulations as other permitted uses in the zone, which requires permitted and
conditional uses to be located on lots with a minimum lot area of 20,000 square feet and a minimum
lot width of 75 feet.
As part of their study, the City Council is holding two advertised public hearings to receive
comments regarding the petition. During these hearings, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The Council may consider
adopting the ordinance on the same night of the second public hearing. The hearing will be held
electronically:
DATE: Date #1 and Date #2
TIME: 7:00 p.m.
PLACE: **This meeting will not have a physical location.
**This will be an electronic meeting pursuant to the Salt Lake City Emergency
Proclamation. If you are interested in participating in the Public Hearing, please visit our
website at https://www.slc.gov/council/ to learn how you can share your comments during
the meeting. Comments may also be provided by calling the 24-Hour comment line at
(801)535-7654 or sending an email to council.comments@slcgov.com. All comments received
through any source are shared with the Council and added to the public record.
If you have any questions relating to this proposal, please call Amanda Roman at 385-386-2765
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at
amanda.roman@slcgov.com. You may review the file online at
https://citizenportal.slcgov.com/citizen, by selecting the Planning tab, and entering the petition
numbers PLNPCM2020-00503.
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.
October 28, 2020
4. PLANNING COMMISSION
A.Mailing Notice
4. PLANNING COMMISSION
B.Staff Report
October 28, 2020
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
Staff Report
To: Salt Lake City Planning Commission
From: Amanda Roman, Principal Planner
(801) 535-7660 or amanda.roman@slcgov.com
Date: October 28, 2020
Re: PLNPCM2020-00503 Permitting Restaurants in the PL – Public Lands Zone Text Amendment
Zoning Text Amendment
PROPERTY ADDRESS: Citywide
PARCEL ID: Not applicable
MASTER PLAN: Not applicable
ZONING DISTRICT: PL – Public Lands
REQUEST: Salt Lake City Mayor Erin Mendenhall initiated a petition to amend the text of the Zoning
Ordinance to add restaurants as a permitted use within the PL – Public Lands Zoning District. The
amendment will affect section 21A.33.070 Table of Permitted and Conditional Uses for Special
Purpose Districts. Under the current code, restaurants are not Permitted or Conditional Uses
with the zone.
RECOMMENDATION: Based on the findings in the staff report, Planning Staff finds the proposed
text amendment adequately meets the standards for general text amendments and therefore
recommends that Planning Commission transmit a positive recommendation to the City Council to
adopt the proposed zoning ordinance text amendment.
ATTACHMENTS:
A.Proposed Text Amendment
B.Public Lands Zoning Map
C.Petition to Initiate
D.Analysis of Standards
E.Public Process and Comments
F.Department Review Comments
PROJECT DESCRIPTION AND BACKGROUND: Mayor Mendenhall initiated an amendment
to section 21A.33.070 to potentially permit restaurants within the PL – Public Lands Zoning District.
Under the current code, restaurants are not permitted as standalone entity, but are allowed as an
accessory use. An accessory use is defined as a use that:
A.Is subordinate in area, extent and purpose to, and serves a principal use;
B.Is customarily found as an incident to such principal use;
C.Contributes to the comfort, convenience or necessity of those occupying, working at
or being serviced by such principal use;
D.Is, except as otherwise expressly authorized by the provisions of this title, located
on the same zoning lot as such principal use; and
E.Is under the same ownership or control as the principal use.
The Mayor asked Planning staff to review the Public Lands Zoning District regulations and provide
input on the pros and cons of adding restaurants as a permitted use after receiving inquiries from
business owners who wish to operate independently of the principal use. An example of this is Cytybyrd
Café, which is located within the City and County Building. The restaurant, which operates as an
accessory to the main governmental use of the building, may only remain open while the City and
County Building is open. This means the restaurant is allowed to operate Monday – Friday until 4 PM
and must close on the weekends. These limited hours impact their opportunity to serve customers and
ultimately reduces their profit margins. If restaurants were allowed as a principal use, Cytybyrd Café
could increase their business hours past 4 PM on Monday – Friday and remain open on weekends.
Special Purpose Districts
The Public Lands Zoning District is under the Special Purpose District umbrella. Section 21A.33.070
Table of Permitted and Conditional Uses for Special Purpose Districts only permits 32 of 131 listed uses
within the Public Lands zone. An additional 10 uses may be allowed upon Conditional Use approval.
The intent of Special Purpose Districts is described as:
Certain geographic areas of the city contain land uses or platting patterns that do not fit
traditional zoning classifications (e.g., residential, commercial, industrial) or uniform bulk
regulations. These areas currently contain special land uses (e.g., airports or medical
centers) which have a unique character, or contain mixed land uses which are difficult to
regulate using uniform bulk and density standards. Because these areas have unique land
uses, platting patterns and resources, special districts are needed to respond to these
conditions. These special purpose districts are further intended to maintain the integrity of
these areas, allow for greater flexibility in site design, and achieve the specialized goals for
these areas.
The Open Space Zoning District and the Natural Open Space District are also under the Special
Purpose District umbrella. While they are similar to the Public Lands Zoning District, they are their
own specific zones with different regulations and standards and are generally made up of public parks
and open space rather than built public facilities. The proposed text amendment will not change any
development regulations or permitted land uses within these zones. Of the three zones, Public Lands
allows the most development.
Public Lands Zoning District
The purpose of the Public Lands Zoning District is to specifically delineate areas of public use and to
control the potential redevelopment of public uses, lands and facilities. The zone allows some
commercial uses but also includes parks and open space.
• Permitted uses include art galleries, libraries, offices, off-site parking (including park and ride
lots), reception centers, research and development facilities, schools, and utilities.
• Conditional uses include fairgrounds, government facilities, jails, reception centers, and
stadiums.
• The zone also supports low impact uses such as gardens, farm stands, outdoor recreation,
parks, and open space.
Open Space Zoning District
The purpose of the Open Space Zoning District is to preserve and enhance public and private open
space, natural areas, and improved park and recreational areas.
• Permitted uses include some development such as amphitheaters, government facilities,
outdoor storage, and utilities.
• Conditional uses include the adaptive reuse of a landmark site, living quarters for a caretake or
security guard, and reception centers.
• Low impact uses include agriculture, botanical gardens, farm stands, and public parks.
Natural Open Space District
The purpose of the Natural Open Space Zoning District is to specifically delineate natural areas of
special environmental or scenic value and support the preservation of these areas through limited
development. The zone consists of primarily undeveloped land. The only four land uses permitted in
the zone are informal amphitheaters, open space, and in the case of existing residential dwellings, the
zone allows daycares and home occupations.
DISCUSSION:
The proposed changes have been reviewed against the four Zoning Text Amendment Standards in
section 21A.50.050 of the Zoning Ordinance. The following information was gathered through an
analysis of the existing properties in Salt Lake City. In short, of the 2,368 existing parcels, the proposed
text amendment would potentially affect 115 parcels. Further analysis is required to determine which
of the parcels could accommodate a restaurant or other permitted use. The zoning map provided in
Attachment B shows the parcels meeting the minimum lot size for permitted uses (20,000 square feet)
in green and parcels above 5 acres in blue. The yellow parcels are under 20,000 square feet and are not
eligible for development. The same information is provided below for clarity.
o Salt Lake City currently has 2,368 individual parcels within city boundaries.
o Of these parcels, 247 are within the Public Lands Zoning District, the majority of which are
government owned.
o 115 Public Lands parcels meet the minimum lot size for permitted uses, which is 20,000 SF
(.4591 acres).
o There are 36 parcels above 21,780 SF (5 acres), which is the square footage required for public
schools.
o 25 of the 115 parcels are owned by Salt Lake City Corporation.
o 12 of the 115 parcels are owned by the State or Federal government, thus not under Salt Lake
City’s jurisdiction.
o 3 of the 115 Public Lands parcels are privately owned.
Total
number
of SLC
Parcels
Number
of parcels
zoned PL
PL parcels over
20,000 SF
(which could
potentially
accommodate a
restaurant use)
PL parcels over
5 acres (the
majority of
which are
owned by the
SLC Board of
Education)
PL parcels
over 20,000
SF owned by
Salt Lake
City
Corporation
PL parcels over
20,000 SF owned
by the State or
Federal
Government (not
under the City’s
jurisdiction)
Privately
owned
PL parcels
over 20,000
SF
2,368 247 115 36 25 12 3
While there are 115 Public Lands parcels that meet the minimum lot size required for a permitted use,
that doesn’t suggest the properties meet the other underlying zoning requirements such as lot width
and building setbacks. External factors including location, parking, and development costs may also
limit the number of parcels where a restaurant could locate. Many of the parcels are already developed
or are intended for use by public schools. Additionally, land owned by the State or Federal government
is not under Salt Lake City’s jurisdiction, thus doesn’t have to comply with the City’s underlying zoning
requirements. The impact of permitting restaurants is expected to be minimal and will likely only occur
on a few parcels in the city.
KEY CONSIDERATIONS:
The key considerations below were identified through department review, public comments, and an
analysis of the zoning ordinance and the City’s guiding documents such as Plan Salt Lake and the Salt
Lake City Urban Design Element.
Adopted Master Planning Documents
One of the guiding principles in Plan Salt Lake is to create a “balanced economy that produces
quality jobs and fosters an environment for commerce, local business, and industry to thrive”.
One of the City’s initiatives is to support the growth of small businesses, entrepreneurship and
neighborhood nodes. Permitting additional uses in the Public Lands zone creates more
economic opportunities for local businesses. The Salt Lake City Urban Design Element speaks
to implementing pedestrian-oriented design to activate public spaces. Allowing restaurants in
this zone would encourage their use in publicly owned spaces that are often underutilized.
Impacts from Allowing Restaurants in PL Zoned Properties
Potential Benefits of Permitting Restaurants
• Permitting restaurants would activate existing buildings and public spaces that are
currently underutilized or unprogrammed after peak business hours.
• Restaurants would allow for a broader use of properties and provide an opportunity for
local businesses to open and existing businesses to expand their operations.
• Restaurant owners would have to sign a lease with Salt Lake City or the government entity
that owns the land, which generates revenue and allows the entity to regulate the use.
• Any new development would be required to adhere to the Public Lands Zoning District
standards outlined in section 21A.32.070 of the Zoning Ordinance. Outside of public
schools, all other permitted uses, such as a restaurant, must meet the following criteria:
o Minimum Lot Area: 20,000 square feet (.4591 acres)
o Minimum Lot Width: 75 feet
o Maximum Building Height: Thirty-five feet (35’)
o Minimum Yard [setback] Requirements:
Front, Rear and Corner Side Yards: Thirty feet (30’)
Interior Side Yard: Twenty feet (20’)
o Landscape Yards: All front and corner side yards must meet the requirements
outlined in chapter 21A.48.Landscape Buffers: Landscape buffers are required
when a lot in the PL Public Lands District abuts a lot in a Single-Family or Two-
Family Residential District. Landscaping buffer requirements can be found in
chapter 21A.48.
Potential Issues with Permitting Restaurants
Issue 1: Signage
Planning staff asked other city departments and divisions to review and provide feedback on the
proposal. During the review process, the issue of how to regulate private signage on public property
was raised. Section 21A.46 - Signs On Public Property states, “Except for portable signs authorized
pursuant to section 21A.46.055 of this chapter, no sign shall be located on publicly owned land or inside
street rights of way, except signs erected by permission of an authorized public agency.” Unless the
signage code is amended, restaurants will be held to the standard above. This code may have to be
addressed in the future as restaurants often provide signage to promote their business.
Issue 2: Parking
Per table 21A.44.030 Schedule of Minimum Off-Street Parking Requirements, restaurants are
required to have two (2) parking spaces per 1,000 square feet of useable floor area. Shared parking is
allowed when multiple uses share the same off-street parking facility. A new off-street parking
ordinance has been transmitted to the City Council after receiving a positive recommendation from
the Planning Commission on January 8, 2020. If adopted, the off-street parking requirement for
restaurants would remain the same. All departmental review comments can be reviewed in
Attachment F.
Issue 3: Commercialization of Public Spaces
There have been some concerns from residents and through past planning processes that
commercializing public spaces is not appropriate. While the City would generate some revenue from
private businesses wishing to operate on government owned land, the number of properties available
is limited so the competition with the private market would be minimal. Regarding the current
proposal, one resident spoke to this issue. They are in favor of allowing restaurants as a Conditional
Use, subject to forceable restrictions, particularly if they are allowed to serve alcohol. Current code does
not permit alcohol establishments within the zone. The Public Lands – 2 zone was established during
the development of Library Square. This zone limits the size and types of permitted uses on public
lands to minimize the impact a commercial business may have. While this is a separate zoning district,
the uses are similar to the Public Lands zone.
Summary:
After reviewing applicable code requirements, staff believes adding restaurants as a permitted use
aligns with the intent of the Zoning Ordinance and city-wide planning documents. Only 115 existing
properties are zoned Public Lands that also meet the minimum lot size requirement of 20,000 SF for
a permitted use. Upon a complete zoning review, these properties may not meet the other zoning
standards outlined in code, thus could not accommodate the use. In addition, most properties are
owned by a government entity so the business owner would have to sign a lease to operate on the
property, which allows the use to be regulated to a higher extent.
Staff agrees that the commercialization of public lands can be inappropriate. But because the Public
Lands Zoning District has a limited number of permitted uses, adding restaurants to the land use table
would not create additional impacts that couldn’t be mitigated through the existing regulations
outlined in code. Adding a commercial element to the zone would also encourage a greater use of these
properties which typically only support daytime uses. Staff supports allowing restaurants in the Public
Lands Zoning District because in addition to supporting parks and open spaces, the zone already allows
a variety of commercial uses. The existing commercial element of the zone makes it different than the
Open Space or Natural Open Space Zoning Districts, which are designed to protect undeveloped open
space and limit the number of commercial uses allowed.
After reviewing city-wide planning documents, zoning regulations, and the existing land uses within
the Public Lands Zoning District, staff has concluded that permitting restaurants will uphold the intent
of the zone and is consistent with the purposes, goals, objectives, and policies of the city, thus
recommends the Planning Commission transmit a positive recommendation to the City Council
regarding the proposed text amendment.
NEXT STEPS:
The City Council has the final authority to make changes to the text of the Zoning Ordinance. The
recommendation of the Planning Commission for this request will be forwarded to the City Council for
their review and decision.
ATTACHMENT A: PROPOSED TEXT AMENDMENT
21A.33.070: TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL
PURPOSE DISTRICTS: To view TABLE OF PERMITTED AND CONDITIONAL USES
FOR SPECIAL PURPOSE DISTRICTS in PDF, click HERE
Legend: C = Conditional P = Permitted
Use Permitted And Conditional Uses By District
RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU
Restaurant P7 P P
ATTACHMENT B: PUBLIC LANDS ZONING MAP
ATTACHMENT C: PETITION TO INITIATE
ATTACHMENT D: ANALYSIS OF STANDARDS
ZONING TEXT AMENDMENTS
21A.50.050: A decision to amend the text of this title or the zoning map by general amendment is a
matter committed to the legislative discretion of the city council and is not controlled by any one
standard. In making a decision concerning a proposed text amendment, the City Council should
consider the following:
Factor Finding Rationale
1.Whether a proposed text
amendment is consistent with
the purposes, goals, objectives,
and policies of the city as
stated through its various
adopted planning documents;
Complies One of the guiding principles of the 2015 Plan
Salt Lake is to create a balanced economy that
fosters an environment for commerce, local
business, and industry to thrive. Expanding the
number of properties where a restaurant can
operate supports business owners and the local
economy.
The Salt Lake City Urban Design Element
encourages greater use of public areas for eating,
entertainment, etc. It also speaks to the
importance of prioritizing street-level activity
when developing pedestrian-oriented spaces.
Properties zoned Public Lands typically have
daytime activity, but once the primary use closes
for the evening the property isn’t fully utilized.
Permitting restaurants would expand the
operational hours and allow for more “eyes on
the street”.
2.Whether a proposed text
amendment furthers the
specific purpose statements of
the zoning ordinance;
Complies The purpose statement of the Public Lands
District is to specifically delineate areas of public
use and to control the potential redevelopment of
public uses, lands and facilities. The majority of
the properties zoned Public Lands are
government owned. Any development or
business proposals on City-owned land would
have to comply with the underlying zoning
requirements, complete a site plan review, and
receive various department approvals.
State and Federally owned properties function
independently and do not have to adhere to the
City’s Zoning Ordinance.
3. Whether a proposed text
amendment is consistent with
the purposes and provisions
of any applicable overlay
zoning districts which may
impose additional standards;
and
Complies The proposed change primarily affects the base
zoning district. If a parcel which is zoned Public
Lands is also located within the airport overlay
district or a local historic district, the proposal
will have to comply with the applicable standards
of the overlay district.
4. The extent to which a
proposed text amendment
implements best current,
professional practices of
urban planning and design.
Complies The proposed text amendment would diversify
the use of existing public spaces and promote
activity in spaces that are currently underutilized
or unprogrammed. Promoting additional uses
increases street activity and allows more
opportunities for “eyes on the street”, thus
increasing security.
Restaurants would adhere to the established
zoning standards outlined in section 21A.32.070
of code, such as, lot size, lot width, setbacks, and
landscape buffers. Of the 247 properties zoned
Public Lands only 115 properties could
potentially meet the zoning requirements to
accommodate a restaurant.
ATTACHMENT E: PUBLIC PROCESS AND COMMENTS
The following is a list of public meetings that have been held, and other public input opportunities,
related to the proposed amendment:
Recognized Organizations Notice:
Staff contacted all community council chairs and recognized organizations on August 4, 2020. None
of the community councils requested additional information or provided comments within the 45-day
comment period.
Open House:
From August 4, 2020 to September 20, 2020, information and a request for comments regarding the
proposal was posted to the City’s Online Open House page.
Public Hearing Notice:
A notice of the public hearing for this text amendment includes:
−Public hearing notice published in the newspaper on October 17, 2020.
−Public hearing notice was posted on City and State websites on October 15, 2020.
−
Public Comments:
At the time of the publication of this staff report, five public comments have been received. The
comments are included below. Any additional comments received will be forwarded to the Planning
Commission.
From:Steve Alder
To:Roman, Amanda
Subject:(EXTERNAL)
Date:Monday, August 10, 2020 12:31:23 PM
Facilities on public lands.
I am confused by the zone, since the city seems to deny that it has any zoning authority on state or
federal lands, how does the city have any power to restrict or permit food or beverage services on
public lands and if it can why can’t the city zone research park.
Sent from Mail for Windows 10
From:Jason Cowan
To:Roman, Amanda
Subject:(EXTERNAL) Petition Number: PLNPCM2020-00503 Permitting Restaurants
Date:Saturday, August 15, 2020 2:27:23 PM
Hello Ms. Roman,
I am in support of permitting restaurants to use land deemed PL Zone. Restaurants need all the
help they can get during this time and if expanding their operations to these PL zoned areas its
good for us all.
Thank you.
Jason Cowan
To call or text:
From:James Webster
To:Roman, Amanda
Subject:(EXTERNAL) Restaurants on public lands
Date:Wednesday, September 9, 2020 12:35:47 AM
This appears as a gateway to enable Jon Bates et.al. to further commercialize public institutional lands as an
unwarranted “educational or research mission”.
Traffic impacts alone merit denial. Jim Webster, RLA
Sent from my iPhone
Sent from my iPhone
From:René smink
To:Roman, Amanda
Subject:Re: (EXTERNAL) Restaurant in public lands zoning district : yes please
Date:Monday, September 14, 2020 11:13:29 AM
Perfect I vote YES
Regards, Un Saludo, Met vriendelijke groet,
René H.A. Smink
From: Roman, Amanda <Amanda.Roman@slcgov.com>
Sent: Monday, September 14, 2020 09:02
To: René smink <>
Subject: RE: (EXTERNAL) Restaurant in public lands zoning district : yes please
Rene,
I hope you are well. Yes, if the amendment is approved and restaurants are listed as a “Permitted Use”
then Cytybyrd would be able to operate on the weekends.
Best,
Amanda Roman
Principal Planner
PLANNING DIVISION
COMMUNITY and NEIGHBORHOODS
SALT LAKE CITY CORPORATION
TEL 801-535-7660
www.slc.gov/planning
From: René smink < >
Sent: Sunday, September 13, 2020 8:46 PM
To: Roman, Amanda <Amanda.Roman@slcgov.com>
Subject: Re: (EXTERNAL) Restaurant in public lands zoning district : yes please
Thanks , would this mean that the city bird at washington square could open weekends?
Regards, Un Saludo, Met vriendelijke groet,
René H. A. Smink
ATTACHMENT F: DEPARTMENT REVIEW COMMENTS
Public Utilities (Jason Draper at jason.draper@slcgov.com)
“Public Utilities does not object to the proposed text amendment. All restaurants will be
required to meet public utility standards, policies, and ordinances. All restaurants require grease
removal systems. There may be cost associated with restaurants including meter costs, and
sewer lateral replacement or installation to accommodate this use.”
Transportation (Michael Barry at michael.barry@slcgov.com)
“Each restaurant will need to accommodate the required off-street parking.”
Public Lands (Kristin Riker at kristin.riker@slcgov.com)
“I [Kristin Riker] have spoken with Public Services Attorneys and with Planning regarding the
impact of this action. I am supporting to move this forward.”
Engineering (Scott Weiler at scott.weiler@slcgov.com)
Engineering has no objections.
HAND (Lani Eggertsen-Goff at lani.eggertsen-goff@slcgov.com)
HAND does not have any concerns related to this proposal.
Zoning, Building and Fire (Gregory Mikolash at gregory.mikolash@slcgov.com)
There are no zoning, building, or fire related issues associated with this request.
Sustainability (Vicki Bennett at vicki.bennett@slcgov.com)
No concerns from Sustainability.
Police (Scott Teerlink at scott.teerlink@slcgov.com)
No concerns from Police on this proposal.
October 28, 2020
4. PLANNING COMMISSION
C. Agenda & Minutes
JOINT MEETING
SALT LAKE CITY PLANNING COMMISSION & APPEALS (VARIANCE) HEARING
MEETING AGENDA
This meeting will be an electronic meeting pursuant to the
Salt Lake City Emergency Proclamation
October 28, 2020, at 5:30 p.m.
(The order of the items may change at the Commission’s discretion)
JOINT APPEALS HEARING AND PLANNING COMMISSION PUBLIC HEARING: As
provided by City Code, a conditional use that includes a requested variance, may
be heard simultaneously. Items 1 and 1A on the agenda will be heard during the
same public hearing. After the public hearing is closed by the Planning
Commission and concurred to by the Appeals Hearing Officer, the Commission will
make a decision on the conditional use first, followed by the Appeals Hearing
Officer.
This Meeting will not have an anchor location at the City and County Building. Commission
Members will connect remotely. We want to make sure everyone interested in the meeting can
still access the meeting how they feel most comfortable. If you are interested in watching the joint
meeting, they are available on the following platforms:
•YouTube: www.youtube.com/slclivemeetings
•SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating during the Public Hearing portion of the meeting or in
providing general comments, email; planning.comments@slcgov.com or connect with us on
Webex at:
•http://tiny.cc/slc-pc-appeals-10282020
Instructions for using Webex will be provided on our website at SLC.GOV/Planning
PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM
APPROVAL OF MINUTES FOR SEPTEMBER 30, 2020 AND OCTOBER 14, 2020
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
Extensions of Previous Approvals: the commission will discuss granting a one-year extension
to all land use applications that are set to expire during the current public health emergency. Due
to City building being closed and city staff working remotely, increased construction costs due to
disruptions with the supply chain, and the impact of the current pandemic, submitting required plans
and documents necessary to avoid a land use approval from expiring is requiring a longer period of
time. The Planning Commission may consider granting an extension for all land use approvals that
require an approved extension from the commission.
PLANNING COMMISSION HEARING
1.Conditional Use for an ADU at approximately 1977 South Scenic Drive - Tim and Cathy
Chambless, owners, request approval of a conditional use to establish a 1,313 square foot
Acc-essory Dwelling Unit attached to the rear of their home at approximately 1977 South
Scenic Drive. The subject property is located in the FR-3/12,000 Zone and is within Council
District 6, represented by Dan Dugan. (Staff contact: Caitlyn Miller at (385) 315-8115 or
caitlyn.miller@slcgov.com) Case number PLNPCM2020-00620
The Planning Commission will open the public hearing, which will serve as the public
hearing for both the Planning Commission and the Appeals Hearing Officer.
VARIANCE HEARING
1A. Variance for an ADU at approximately 1977 South Scenic Drive – Tim and Cathy
Chambless, owners, request the granting of a variance to allow a proposed Accessory Dwelling
Unit to encroach between 13 and 15 feet into the required 35-foot rear yard at approximately 1977
South Scenic Drive. The subject property is located in the FR-3/12,000 Zone and is within Council
District 6, represented by Dan Dugan. (Staff contact: Caitlyn Miller at (385) 315-8115 or
caitlyn.miller@slcgov.com) Case number PLNZAD2020-00490
Note: The Appeals Hearing Officer will not make a decision on this matter during the
meeting and will issue a decision at a later date.
Once the Appeals Hearing is closed the Planning Commission meeting will be resume
business.
PLANNING COMMISSION PUBLIC HEARING
2. Special Exception for Height at approximately 1400 East Federal Way - Geoffrey Tice,
applicant, requests a special exception for additional building height to add a second story to
the home located at 1400 East Federal Way. By ordinance the maximum building height is
20' for flat roofs; the applicant is requesting special exception approval to build to 27'6" in
height. The property is located within the R-1-5,000 Zone and is within Council District 3,
represented by Chris Wharton. (Staff contact: Caitlyn Miller at (385) 315-8115 or
caitlyn.miller@slcgov.com) Case number PLNPCM2020-00465
3. Block 67 Changes to Building Design at approximately 131 South 300 West - A request
by Emir Tursic, architect, to modify the approved hotel building of the Block 67 development
located at approximately 131 S 300 W. The Planning Commission approved the Conditional
Building and Site Design Review and Planned Development on November 8, 2017. The
proposed modifications include changes to the design and massing of the building and
material changes. These changes are required by ordinance to be reviewed by the Planning
Commission. The site is zoned D-4 (Downtown Secondary Central Business District). The
subject property is located within Council District 4, represented by Ana Valdemoros. (Staff
contact: Molly Robinson at (385) 226-8656 or molly.robinson@slcgov.com) Case numbers
PLNPCM2017-00448 & PLNPCM2017-00418
4. Central Station West Apartments Planned Development & Design Review at
approximately 577 West 200 South - Eric Balls representing Gardner Batt LLC, has
requested Planned Development and Design Review approval for the Central Station West
Apartments project to be located at approximately 577 West 200 South. The proposed
project is for a 65-unit apartment building on a 0.46-acre (20,000 square feet) parcel. The
proposed building will be six stories in height. The property is located in the G-MU – Gateway-
Mixed Use zoning district. The G-MU zoning district requires Planned Development approval
for all new principal buildings and uses. In addition, Design Review approval has been
requested in order to address some design aspects of the building including material choices,
the length of blank walls and street-level glass requirements on the west façade of the
building. The proposal is located within Council District 4, represented by Ana Valdemoros.
(Staff contact: David J. Gellner at (801) 535-6107 or david.gellner@slcgov.com) Case
numbers PLNPCM2020-00187 & PLNPCM2020-00647
5. Permitting Restaurants in the PL Public Lands Zoning District Text Amendment - Mayor
Erin Mendenhall has initiated a text amendment to the zoning ordinance pertaining to
restaurant uses within the PL – Public Lands Zoning District. Under the current ordinance
restaurants are allowed to operate as an accessory use only. The amendment would allow
restaurants to operate as a principal use. The purpose of the PL district is to provide areas in
the city for public uses and regulate the development of those uses. The proposed
amendment affects section 21A.33.070 Table of Permitted and Conditional Uses for Special
Purpose Districts of the zoning ordinance. Related provisions of Title 21A-Zoning may also
be amended as part of this petition. (Staff contact: Amanda Roman at (385) 386-2765 or
amanda.roman@slcgov.com) Case number PLNPCM2020-00503
6. Billboard Ordinance Amendments - The City Council is requesting amendments to the
zoning ordinance regulations regarding billboards. The proposed amendments would modify
city code to align with state law, eliminating the city’s use of a “billboard bank” (a method for
managing billboard relocations) to align more closely with Utah state law regulating billboards.
The amendments would continue to prohibit new billboards. State law would regulate future
billboard modification and relocation. The amendments also include specifics on size, height,
and spacing of billboards, along with landscaping, when not already specified in the state law.
The proposed amendments affect Chapter 21A.46 of the zoning ordinance. Related
provisions of Title 21A-Zoning may also be amended as part of this petition. The changes
would apply Citywide. (Staff contact: Casey Stewart at (385) 226-8959 or
casey.stewart@slcgov.com) Case Number PLNPCM2020-00351
OTHER BUSINESS
Chairperson and Vice Chairperson elections
For Planning Commission agendas, staff reports, and minutes, visit the Planning Division’s website at
slc.gov/planning/public-meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted
two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning
Commission.
Agenda items may not be heard in the order listed. The Appeals Hearing Officer reserves the right to change the order
of agenda items as deemed necessary. To request the files for the above items please contact the Staff Planner. Visit
the Planning Division website at www.slcgov.com/planning/planning-public-meetings for copies of the Appeals Hearing
Officer meeting/hearing agendas, staff reports and decisions. Staff reports will be posted the Friday prior to the meeting
Salt Lake City Planning Commission October 28, 2020 Page 1
SALT LAKE CITY JOINT PLANNING COMMISSION MEETING
& APPEALS (VARIANCE) HEARING
This meeting was held electronically pursuant to the
Salt Lake City Emergency Proclamation
Wednesday, October 28, 2020
A roll is being kept of all who attended the joint Planning Commission Meeting & Appeals (Variance)
Hearing. The meeting was called to order at 5:31:07 PM. Audio recordings of the joint Planning
Commission meeting & Appeals (Variance) Hearing are retained for a period of time.
Present for the Planning Commission meeting were: Chairperson, Adrienne Bell; Vice Chairperson,
Brenda Sheer; Commissioners, Maurine Bachman, Amy Barry, Carolynn Hoskins, Jon Lee, Matt Lyon,
and Crystal Young-Otterstrom. Commissioners Andres Paredes, and Sara Urquhart were excused.
Appeals Hearing Officer: Mary J. Woodhead.
Planning Staff members present at the meeting were: Molly Robinson, Planning Manager; John
Anderson, Planning Manager; Paul Nielson, Attorney; Caitlyn Miller, Principal Planner; David Gellner,
Principal Planner; Amanda Roman, Principal Planner; Casey Stewart, Senior Planner; and Marlene
Rankins, Administrative Secretary.
5:33:14 PM
Chairperson, Adrienne Bell, read the Salt Lake City emergency proclamation.
5:34:12 PM
Appeals Hearing Officer, Mary J. Woodhead concurs.
APPROVAL OF THE PLANNING COMMISSION SEPTEMBER 30, 2020 AND OCTOBER 14, 2020,
MEETING MINUTES. 5:35:37 PM
Commissioner Scheer moved to approve the September 30, 2020 and October 14, 2020 meeting
minutes.
Commissioner Young-Otterstrom seconded the motion. Commissioners Barry, Bachman, Lee,
Young-Otterstrom, Lyon, and Scheer voted “Aye”. Commissioner Hoskins abstained from voting
for the October 14, 2020 meeting as she was not present. The motion passed 6-1.
REPORT OF THE CHAIR AND VICE CHAIR 5:37:10 PM
Chairperson Bell stated she had nothing to report.
Vice Chairperson Scheer stated she had nothing to report.
REPORT OF THE DIRECTOR 5:37:21 PM
Molly Robinson, Planning Manager, reminded the commission regarding the added meeting for
December 2, 2020.
Salt Lake City Planning Commission October 28, 2020 Page 6
8:35:12 PM
Permitting Restaurants in the PL Public Lands Zoning District Text Amendment -
Mayor Erin Mendenhall has initiated a text amendment to the zoning ordinance pertaining to restaurant
uses within the PL – Public Lands Zoning District. Under the current ordinance restaurants are allowed
to operate as an accessory use only. The amendment would allow restaurants to operate as a
principal use. The purpose of the PL district is to provide areas in the city for public uses and regulate
the development of those uses. The proposed amendment affects section 21A.33.070 Table of
Permitted and Conditional Uses for Special Purpose Districts of the zoning ordinance. Related
provisions of Title 21A-Zoning may also be amended as part of this petition. (Staff contact:
Amanda Roman at (385) 386-2765 or amanda.roman@slcgov.com) Case number
PLNPCM2020-00503
Amanda Roman, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the
case file). She stated Staff recommended that the Planning Commission forward a
positive recommendation to the City Council.
PUBLIC HEARING 8:45:29 PM
Chairperson Bell opened the Public Hearing;
Cindy Cromer – Stated her concerns on how the City determines the market rate negotiating a
lease. There doesn’t appear to be standard lease for commercial and non-profit activities in public
buildings.
Zachary Dussault – Stated his support of the request.
Seeing no one else wished to speak; Chairperson Bell closed the Public Hearing.
The Commission and Staff discussed the following:
•Clarification on permitted uses
MOTION 9:10:55 PM
Commissioner Lyon stated, based on the information in the staff report, the information
presented, and the input received during the public hearing, I move that the Planning Commission
recommend that the City Council approve the proposed text amendment, PLNPCM2020-00503
Permitting Restaurants in the PL – Public Lands Zone Text Amendment.
Commissioner Hoskins seconded the motion. Commissioners Hoskins, Lyon, Lee, Bachman, and
Barry voted “Aye”. Commissioner Scheer voted “Nay”. The motion passed 5-1.
5. ORIGINAL PETITION
Petition PLNPCM2020-00503
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
MEMORANDUM
To: Mayor Erin Mendenhall
Cc: Lisa Shaeffer, Chief Administrative Officer; Jennifer McGrath, Deputy Director Department of
Community and Neighborhoods;
From: Nick Norris, Planning Director
Date: June 24, 2020
Re: Zoning amendment related to restaurant in the PL Public Lands Zoning District
The Planning Division has been asked to provide input on the pros and cons of adding restaurants as a
permitted use in the PL Public Lands Zoning District. The PL zoning district primarily includes government
properties that are used for public schools, government buildings, and government operations. The purpose of
the district is to provide areas in the city for public uses and regulate the development of those uses. The zoning
district includes lands owned by the State of Utah and the United States. These lands are not subject to the
zoning regulations, with the exception of public schools, which are subject to some local regulations.
The zoning district contains some unique land uses that include a variety of food serving establishments,
including the City and County Building and Smiths Ballpark and other unique properties such as the Wasatch
Plunge building on 300 West.
Adding restaurants to the table of permitted and conditional uses would be required for the use to be allowed in
the zoning district. The benefits of doing this include:
•Promoting broader use of the buildings and properties that are zoned PL, specifically those sites that
already include similar uses such as the restaurant in the City and County Building and potentially
restaurants on the Smith Ballpark property.
•Activating existing public spaces that are typically difficult to program and activate due to the nature of
the site.
•Supports the incubation and provides opportunity for local businesses.
•Generates some revenue for the government entity that owns the property.
There may be some concerns with taking this approach, including:
•Public lands containing commercial businesses competing with private property. This issue arose
during the redevelopment of the Library Block and adding commercial space inside the library. The
solution was to limit the size and type of uses to reduce competition with private property by creating a
new zone (PL-2).
•There may be barriers created by other zoning regulations, such as off-street parking requirements,
that make it difficult to establish the use on property that does not have adequate parking to begin with.
•Processing a zoning amendment requires diverting staff resources from other city priorities.
A zoning amendment process can be started by one of four entities:
•a property owner,
•Mayor,
•City Council, or
•Planning Commission.
l Page 2
The Planning Division typically provides a memo to the Mayor to sign to initiate a zoning amendment. The
memo explains the issue, provides a brief description of the process, and the resources required. For this
potential proposal, the process would follow the typical engagement processes that include notification of all
community councils and a 45-day comment period. Following the 45-day comment period the Planning
Division would prepare for a public hearing with the Planning Commission. After the Planning Commission
makes a recommendation, the matter is transmitted to the City Council for a decision.
In the interest of time and to avoid redundancy, this memo includes a signature block to initiate the petition if
that is the decided course of action. If the decided course of action is to not initiate the application, the signature
block can remain blank. Please notify the Planning Division when the memo is signed or if the decision is made
to not initiate the petition.
Please contact me at ext. 6173 or nick.norris@slcgov.com if you have any questions. Thank you.
Concurrence to initiate the zoning text amendment petition as noted above.
_____________________________________ ______________
Erin Mendenhall, Mayor Date
July 2, 2020