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Transmittal - 10/8/2021ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2021-00511 Technology Related Land Use Text Amendments STAFF CONTACT: Nick Norris, Planning Director nick.norris@slcgov.com or 801-641-1728 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council adopt the proposal as recommended by the Planning Commission.. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This proposal was initiated by Mayor Erin Mendenhall to promote the development of the technology related industry in the City. The proposal updates the zoning code and does the following: Adds Biomedical, Technology Facility, and Data Center as defined terms in the zoning code and adds the uses to the land use tables as permitted uses in specific zoning districts identified in the draft ordinance. Adds a qualifying provision as a footnote to the land use tables related to Biomedical uses that would prohibit uses that produce hazardous waste from being located within ½ mile of a residential use. Modifies and merges several defined land uses into one use called “Laboratory, related” and updates the land use tables as indicated in the draft ordinance. Updates the defined land use “research and development facility” so the definition reflects the nature of the use and expands where the use is allowed in the land use tables of the zoning code. September 10, 2021 Lisa Shaffer (Sep 28, 2021 15:20 MDT) 09/28/2021 09/28/2021 This proposal was initiated to help achieve several goals found in adopted planning documents of the city as well as identified in the Mayor’s 2021 Plan. The overall goal was to expand where tech related land uses could be in the city, specifically capitalizing on the biomedical uses that are created due to the proximity of the University of Utah. The full set of goals found in adopted plans can be found in the Planning Commission staff report. The changes were proposed because the uses are not defined in the code currently. This creates uncertainty for tech related uses and forces most of the uses into the industrial areas of the city. This results in the need for administrative interpretations that take time and staff resources, often for uses that are not more impactful than other similar uses already allowed in the underlying zoning districts. Time is important for perspective businesses looking to locate in the city. The proposed definitions are intended to be “general definitions” which are defined in the code as definitions that are intended to be applied broadly and to address a wide range of potential land uses. This proposal helps address that uncertainty and makes the code more predictable. Adding the proposed uses to mixed use zoning districts is based on the goals of multiple community plans to create more mixed-use neighborhoods throughout the city and provide jobs near where people live. Further research of other communities has found that there is a growing desire for tech related companies to be in places that are close to housing, restaurants, entertainment, transit, and cultural amenities. These factors were used to help identify where the uses were appropriate. The impacts of the potential uses were considered in determining the zoning districts where the uses would be acceptable. Few technology related land uses create impacts that are different than most general office uses. Some biomedical uses do produce hazardous waste. The proposal includes a provision that would prohibit biomedical uses that produce hazardous waste from being located within ½ mile of a residential use. Data Centers also could have a negative impact on mixed use areas where street engagement is important to promote vitality and walkability. Dat centers tend to have low numbers of employees and are in buildings with limited windows and entrances. This proposal only allows the use in the M-1, M-2, and BP zoning districts because the nature of those areas do not include creating more walkable and engaging pedestrian areas due to the large footprints of the buildings and the nature of the land use. The Salt Lake City Department of Sustainability provided a recommendation to the Planning Commission asking that all bio-medical uses provide either an air quality permit or an exemption from permit requirements from the Utah Department of Environmental Quality, Air Quality Division. This was recommended to help the city have a better idea of the level of emissions from bio-medical uses. The Zoning Ordinance already includes environmental performance requirements for air quality. The code requires applicants to provide copies of any required approval. However, it is difficult during the zoning review to know if a permit is required because it requires extensive knowledge of the air quality requirements adopted by the State of Utah. Requiring evidence does make administering the code and verifying compliance with the standard easier. The proposal also included updating medical laboratory related definitions. The code contains multiple variations of this use, which has created some confusion and difficulty in administering the code. This change was included in this proposal because some of the medical lab definitions blurred the lines with the biomedical definition, so more distinction was added to avoid confusion and make it easier to administer the code. The research and development land use are proposed to be updated because the use tends to not produce impacts that are different than most office uses. This is an existing land use definition in the code, but it was updated to better reflect the nature of the use and how the use has evolved over time. PUBLIC PROCESS: The Planning Division created an online storyboard to explain the proposal and provide a survey about the proposed uses. A link to the story map can be found here: HERE. The information and link are posted to the Planning Division Open House page and included in the notice to recognized organizations. Notice of the proposal was sent to all registered recognized organizations in the City. Two organizations requested a presentation on the proposal: The Downtown Alliance and the Sugar House Community Council. A summary of the input received can be found in the Planning Commission Staff Report. The survey was accessible from May 21, 2021 to July 31, 2021. The Planning Commission held a public hearing on August 25, 2021. Notice of the public hearing was sent to all registered recognized organizations and Trolley Square Associated (who requested notice of all zoning changes specifically effecting property the entity owns), was posted on the Planning Commission Agenda page, the State of Utah Public Notice page, and was emailed to the Planning Division email list. The Planning Commission voted unanimously to recommend that the City Council adopt the proposed text changes. Planning Commission (PC) Records a) PC Agenda for August 25, 2021 (Click to Access) b) PC Minutes of May 26, 2021 (Click to Access) c) Planning Commission Staff Report for August 25, 2021 (Click to Access Report) EXHIBITS: 1) Chronology 2) City Council Public Hearing Notice 3) Petition Initiation 4) Mailing Labels LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2021 2 3 (An ordinance amending various sections of Title 21A 4 of the Salt Lake City Code pertaining to tech related land uses) 5 6 An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining 7 to tech related land uses pursuant to Petition No. PLNPCM2021-00511. 8 WHEREAS, the Salt Lake City Planning Commission 9 public hearing on August 25, 2021 to consider a proposal initiated by Mayor Erin Mendenhall to 10 amend the Salt Lake City Code to more specifically identify tech related land uses and allow tech 11 related uses in more areas of the City; and 12 WHEREAS, at its August 25, 2021 hearing, the Planning Commission voted in favor of 13 forwarding a positive recommendation of approval to the Salt Lake City Council 14 to adopt changes to the Salt Lake City Code pertaining to tech related land uses; and 15 WHEREAS, the Salt Lake City Council desires to modify its land use regulations as 16 provided herein; and 17 WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this 18 matter, that adopting this ordinance promotes the health, safety, and public welfare of the 19 citizens of the City. 20 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 21 SECTION 1. Amending the Text of Salt Lake City Code Section 21A.33.020. That Section 22 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 23 Conditional Uses for Residential Districts) shall be and hereby is amended to remove the complete 24 LEGISLATIVE DRAFT Laboratory (medical, dental, optical)25 Residential Districts. 26 FR- 1/435 60 FR- 2/217 80 FR- 3/120 00 R- 1/120 00 R- 1/70 00 R- 1/50 00 S R- 1 S R- 2 S R- 3 R 2 RM F- 30 RM F- 35 RM F- 45 RM F- 75 R B R- M U- 35 R- M U- 45 R- M U R O Laborat ory (medica l, dental, optical) P P P P P 27 SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.020. That Section 28 21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 29 Conditional Uses for Residential Districts) shall be and hereby is amended to add three new rows to 30 development 31 f f32 Districts, which use category shall be inserted into that table in alphabetical order and shall read and 33 appear in that table as follows: 34 FR- 1/4356 0 FR- 2/2178 0 FR- 3/1200 0 R- 1/1200 0 R- 1/700 0 R- 1/5 000 SR -1 SR -2 SR -3 R 2 RMF -30 RMF -35 R M F- 45 RMF -75 R B R- MU- 35 R- M U- 45 R- M U R O Laborat ory, medical related P P P P P 35 36 37 38 39 FR- 1/43 560 FR- 2/21 780 FR- 3/12 000 R- 1/12 000 R- 1/7 000 R- 1/5 000 S R -1 S R -2 S R -3 R 2 R M F- 30 R M F- 35 R M F- 45 R M F- 75 R B R- M U- 35 R- M U- 45 R - M U R O Resear ch and develo pment facility P P LEGISLATIVE DRAFT FR- 1/4 356 0 FR- 2/2 178 0 FR- 3/12 000 R- 1/12 000 R- 1/7 00 0 R- 1/5 00 0 S R -1 S R - 2 S R - 3 R 2 R M F- 30 R M F- 35 R M F- 45 R M F- 75 R B R- M U - 35 R- M U - 4 5 R - M U R O Tech nolog y facilit y P P P P 40 SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 41 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 42 Conditional Uses for Commercial Districts) shall be and hereby is amended to remove two complete 43 rows Laboratory (medical, dental, optical) and testing in the Table of 44 Permitted and Conditional Uses for Commercial Districts. 45 CN CB CS CC CSHBD CG SNB Laboratory (medical, dental, optical) P P P P P Laboratory, testing P P P 46 SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 47 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 48 Conditional Uses for Commercial Districts) shall be and hereby is amended to add four new rows to 49 the table for separate use categories titled, -medica f 50 development f to the Table of Permitted and Conditional Uses 51 for Commercial Districts, which use categories shall be inserted into that table in alphabetical order and 52 shall read and appear in that table as follows: 53 54 CN CB CS CC CSHBD CG SNB Bio-medical facility P22 P22 P22 P22 55 CN CB CS CC CSHBD CG SNB LEGISLATIVE DRAFT Technology facility P P P P 56 57 CN CB CS CC CSHBD CG SNB Laboratory, medical related P P P P P 58 CN CB CS CC CSHBD CG SNB Research and development facility P P P P 59 SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.030. That the 60 P Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use 61 Tables: Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is 62 ,which shall appear immediately succeeding 63 qualifying provision 21, as follows: 64 22. Prohibited within ½ mile of a residential use if the facility produces hazardous or 65 radioactive waste as defined by the Utah Department of Environmental Quality administrative 66 rules. 67 SECTION 6. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 68 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 69 Conditional Uses for Transit Station Area Districts) shall be and hereby is amended to remove four 70 complete rows Laboratory (medical, dental, optical),testing, 71 facility (medical) in the Table of Permitted and Conditional Uses for Transit Station Area Districts. 72 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition Laboratory (medical, dental, optical) P P P P P P P P Laboratory, testing P P P P 73 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition LEGISLATIVE DRAFT Research facility (medical) P P P P P P P P 74 SECTION 7. Amending the Text of Salt Lake City Code Section 21A.33.035. That Section 75 21A.33.035 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 76 Conditional Uses for Transit Station Area Districts Districts) shall be and hereby is amended to add 77 three new rows to the table for separate use categories titled, -78 Facil to the Table of Permitted and Conditional Uses for Transit 79 Station Area Districts Districts, which rows shall be inserted into that table in alphabetical order by use 80 category and shall read and appear in that table as follows: 81 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition Bio- medical facility P11 P11 P11 P11 82 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition Technology facility P P P P P P P P 83 TSA UC TSA UN TSA MUEC TSA SP Core Transition Core Transition Core Transition Core Transition Laboratory, medical related P P P P P P P P 84 SECTION 8. Amending the Text of Salt Lake City Code Section 21A.33.035. That the 85 Section 21A.33.035 of the Salt Lake City Code (Zoning: Land Use 86 Tables: Table of Permitted and Conditional Uses for Transit Station Districts) shall be and hereby is 87 88 provision 10, as follows: 89 LEGISLATIVE DRAFT 11. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive 90 waste as defined by the Utah Department of Environmental Quality administrative rules. 91 SECTION 9. Amending the Text of Salt Lake City Code Section 21A.33.040. That Section 92 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 93 Conditional Uses for Manufacturing Districts) shall be and hereby is amended to remove two 94 complete rows Laboratory (medical, dental, optical)t in the Table 95 of Permitted and Conditional Uses for Manufacturing Districts. 96 M-1 M-2 Laboratory (medical, dental, optical) P P Laboratory, testing P P 97 SECTION 10. Amending the Text of Salt Lake City Code Section 21A.33.040. That Section 98 21A.33.040 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 99 Conditional Uses for Manufacturing Districts) shall be and hereby is amended to add four new rows 100 to the table for separate use categories titled, - 101 development f to the Table of Permitted and Conditional Uses 102 for Manufacturing Districts, which rows shall be inserted into that table in alphabetical order by use 103 category and shall read and appear in that table as follows: 104 M-1 M-2 Bio-medical facility P18 P18 105 M-1 M-2 Technology facility P 106 107 M-1 M-2 Laboratory, medical related P P 108 M-1 M-2 M-1 M-2 Data center P LEGISLATIVE DRAFT Research and development facility P P 109 SECTION 11. Amending the Text of Salt Lake City Code Section 21A.33.040. That the 110 Section 21A.33.040 of the Salt Lake City Code (Zoning: Land Use 111 Tables: Table of Permitted and Conditional Uses for Manufacturing Districts) shall be and hereby is 112 113 provision 17, as follows: 114 18. Prohibited within ½ mile of a residential use if the facility produces hazardous or 115 radioactive waste as defined by the Utah Department of Environmental Quality administrative 116 rules. 117 SECTION 12. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 118 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 119 Conditional Uses for Downtown Districts) shall be and hereby is amended to remove the complete 120 row Laboratory (medical, dental, optical)ble of Permitted and Conditional Uses for 121 Downtown Districts. 122 D-1 D-2 D-3 D-4 Laboratory (medical, dental, optical) P P P P 123 SECTION 13. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 124 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 125 Conditional Uses for Downtown Districts) shall be and hereby is amended to add four new rows to 126 the table for separate use categories titled, -f 127 development f to the Table of Permitted and Conditional Uses 128 for Downtown Districts, which rows shall be inserted into that table in alphabetical order by use category 129 and shall read and appear in that table as follows: 130 D-1 D-2 D-3 D-4 Bio-medical facility P17 P17 P17 P17 LEGISLATIVE DRAFT 131 D-1 D-2 D-3 D-4 Technology facility P P P P 132 D-1 D-2 D-3 D-4 Laboratory, medical related P P P P 133 D-1 D-2 D-3 D-4 Research and development facility P P P P 134 SECTION 14. Amending the Text of Salt Lake City Code Section 21A.33.050. That the 135 Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use 136 Tables: Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is 137 138 qualifying provision 16, as follows: 139 17. Prohibited within ½ mile of a residential use if the facility produces hazardous or 140 radioactive waste as defined by the Utah Department of Environmental Quality administrative 141 rules. 142 SECTION 15. Amending the Text of Salt Lake City Code Section 21A.33.060. That Section 143 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 144 Conditional Uses for the Gateway District) shall be and hereby is amended to remove the complete 145 row Laboratory (medical, dental, optical)146 the Gateway District. 147 GMU Laboratory (medical, dental, optical) P 148 SECTION 16. Amending the Text of Salt Lake City Code Section 21A.33.060. That Section 149 21A.33.060 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 150 Conditional Uses for the Gateway District) shall be and hereby is amended to add four new rows to 151 the table for separate use categories titled, - 152 LEGISLATIVE DRAFT me development f to the Table of Permitted and Conditional Uses 153 for the Gateway District, which rows shall be inserted into that table in alphabetical order by use category 154 and shall read and appear in that table as follows: 155 GMU Bio-medical facility P8 156 GMU Technology facility P 157 GMU Laboratory, medical related P 158 GMU Research and development facility P 159 SECTION 17. Amending the Text of Salt Lake City Code Section 21A.33.060. That the 160 Section 21A.33.060 of the Salt Lake City Code (Zoning: Land Use 161 Tables: Table of Permitted and Conditional Uses for the Gateway District) shall be and hereby is162 hall appear immediately succeeding 163 qualifying provision 7, as follows: 164 8. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive165 waste as defined by the Utah Department of Environmental Quality administrative rules. 166 SECTION 18. Amending the Text of Salt Lake City Code Section 21A.33.070. That Section 167 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 168 Conditional Uses for the Special Purpose Districts) shall be and hereby is amended to remove three 169 complete rows Dental laboratory/research facility,facility (medical), and 170 in the Table of Permitted and Conditional Uses for the Special 171 Purpose Districts. 172 R P BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Dental laboratory/ P P C C LEGISLATIVE DRAFT research facility 173 RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Research and developme nt facility P P P P C Research facility (medical) P P P P 174 SECTION 19. Amending the Text of Salt Lake City Code Section 21A.33.070. That 175 Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted 176 and Conditional Uses for the Special Purpose Districts) shall be and hereby is amended to add 177 four new rows to the table for separate use categories titled, io-178 f development f to the Table of 179 Permitted and Conditional Uses for the Special Purpose Districts, which rows shall be inserted into 180 that table in alphabetical order by use category and shall read and appear in that table as follows: 181 RP BP FP AG AG-2 AG-5 AG- 20 OS NOS A PL PL-2 I UI MH E I MU Bio- medical facility P23 P23 P23 P23 182 183 184 R P BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Technology facility P P P P 185 RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Data center P 186 187 RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU LEGISLATIVE DRAFT Laboratory , medical related P P P P P 188 RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Research and developme nt facility P P P P P 189 SECTION 20. Amending the Text of Salt Lake City Code Section 21A.33.070. That the 190 Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use 191 Tables: Table of Permitted and Conditional Uses for the Special Purpose Districts) shall be and 192 hereby is 193 succeeding qualifying provision 22, as follows: 194 23. Prohibited within ½ mile of a residential use if the facility produces hazardous or 195 radioactive waste as defined by the Utah Department of Environmental Quality administrative 196 rules. 197 SECTION 21. Amending the Text of Salt Lake City Code Section 21A.33.080. That Section 198 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 199 Conditional Uses in Form Based Districts) shall be and hereby is amended to remove three complete 200 rows Laboratory (medical, dental, optical)(medical/dental), and 201 in the Table of Permitted and Conditional Uses in Form Based 202 Districts. 203 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Laboratory (medical, dental, optical) P P P P 204 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Research and development facility P P P Research Facility, (medical/dental) P P P P 205 LEGISLATIVE DRAFT SECTION 22. Amending the Text of Salt Lake City Code Section 21A.33.080. That Section 206 21A.33.080 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and 207 Conditional Uses for the in Form Based Districts) shall be and hereby is amended to add four new 208 rows to the table for separate use categories titled, -f 209 development f to the Table of Permitted and 210 Conditional Uses in Form Based Districts, which rows shall be inserted into that table in alphabetical 211 order by use category and shall read and appear in that table as follows: 212 213 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Bio-medical facility P4 P4 P4 214 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Technology facility P P P P 215 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Laboratory, medical related P P P P 216 FB-UN1 FB-UN2 FB-UN3 FB-SC FB-SE Research and development facility P P P P 217 SECTION 23. Amending the Text of Salt Lake City Code Section 21A.33.080. That the 218 Section 21A.33.080 of the Salt Lake City Code (Zoning: Land Use 219 Tables: Table of Permitted and Conditional Uses on Form Based Districts) shall be and hereby is 220 all appear immediately succeeding 221 222 4. Prohibited within ½ mile of a residential use if the facility produces hazardous or radioactive223 waste as defined by the Utah Department of Environmental Quality administrative rules. 224 SECTION 24. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 225 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 226 hereby is amend227 LEGISLATIVE DRAFT 228 229 Dental laboratory/research facility 230 Laboratory, medical, dental, optical 231 Laboratory, testing 232 Research facility, medical 233 Research facility, medical/dental 234 SECTION 25. Amending the Text of Salt Lake City Code Section 21A.60.020. That Section 235 21A.60.020 of the Salt Lake City Code (Zoning: List of Terms: List of Defined Terms) shall be and 236 hereby is amend237 in alphabetical order: 238 Bio-medical facility. 239 Laboratory, medical related. 240 Technology facility 241 SECTION 26. Amending the Text of Salt Lake City Code Section 21A.60.040. That Section 242 21A.60.040 of the Salt Lake City Code (Zoning: List of Terms: Definitions of Terms) shall be and 243 hereby is amended to remove the following definitions from the list of as 244 follows: 245 DENTAL LABORATORY/RESEARCH FACILITY: A laboratory used for research, development 246 and processing of on or off site orders, limited to medical and dental testing and precision 247 fabrication of dental articles worn by patients. 248 LABORATORY, MEDICAL, DENTAL, OPTICAL: A laboratory processing on or off site orders 249 limited to medical testing and precision fabrication of dental/optical articles worn by patients. 250 LABORATORY, TESTING: A use engaged in determining the physical qualities of construction, 251 medical or manufactured materials. This use does not include research laboratories 252 RESEARCH FACILITY, MEDICAL: A structure or group of structures used primarily for applied 253 and developmental research, where product testing is an integral part of the operation 254 LEGISLATIVE DRAFT and goods or products may be manufactured as necessary for testing, evaluation, and test 255 marketing.256 257 RESEARCH FACILITY, MEDICAL/DENTAL: A structure or group of structures used primarily 258 for applied and developmental medical and dental research, where product testing is an 259 integral part of the operation and goods or products may be manufactured as necessary for 260 testing, evaluation, and test marketing. 261 SECTION 27. Amending the Text of Salt Lake City Code Section 21A.60.040. That Section 262 21A.60.040 of the Salt Lake City Code (Zoning: List of Terms: Definitions of Terms) shall be and 263 hereby is amend264 and appear as follows: 265 RESEARCH AND DEVELOPMENT FACILITY: An establishment comprised of one or more A 266 structure or group of structures used primarily for applied and developmental research 267 conducted entirely indoors. where product testing is an integral part of the operation and goods 268 or products may be manufactured as necessary for testing, evaluation, and test marketing. The 269 use may include testing to determine the physical qualities of already manufactured materials or 270 materials used in the manufacturing of a prototype. Research and development facility is not a 271 bio-medical facility or light manufacturing. 272 SECTION 28. Amending the Text of Salt Lake City Code Section 21A.60.040. That Section 273 21A.60.040 of the Salt Lake City Code (Zoning: List of Terms: Definitions of Terms) shall be and 274 hereby is amended to add the following additional definitions, which shall be inserted into the 275 in alphabetical order: 276 BIO-MEDICAL FACILITY: An establishment that performs research and development in the 277 field of medicine and produces biologic, biomedical, or pharmaceutical products. A bio-medical 278 facility is not a hospital, health care facility, medical incinerator, or medical office. 279 280 DATA CENTER: An establishment that centralizes information technology operations and 281 equipment for the purposes of storing, processing, and disseminating data and applications. 282 283 LABORATORY, MEDICAL RELATED: An establishment that performs research and analysis of 284 medical tests and biologic samples collected for the purpose of medical diagnosis. A medical 285 related laboratory is not a bio-medical facility. 286 287 TECHNOLOGY FACILITY: An establishment that is engaged in research, development, 288 production, service, or related functions that uses technology to produce, deliver, or maintain 289 data, information, equipment, computers, or related accessories or services to others. A 290 technology facility is not a bio-medical facility or a research and development facility 291 LEGISLATIVE DRAFT SECTION 29. Effective Date. This Ordinance take effect immediately after it has been 292 published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code 293 §10-3-713. 294 Passed by the City Council of Salt Lake City, Utah this _______ day of 295 ______________, 2021. 296 ______________________________ 297 CHAIRPERSON 298 299 ATTEST: 300 301 ______________________________ 302 CITY RECORDER 303 304 305 Transmitted to Mayor on _______________________. 306 307 308 _______Approved. _______Vetoed. 309 310 311 ______________________________ 312 MAYOR 313 314 ______________________________ 315 CITY RECORDER 316 317 LEGISLATIVE DRAFT (SEAL)318 319 Bill No. ________ of 2021.320 Published: ______________.321 322 APPROVED AS TO FORM Date: _________________________________ By: ___________________________________ Hannah Vickery, Senior City Attorney 8/30/2020 ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPCM2021-00511 Technology Related Land Use Text Amendments STAFF CONTACT: Nick Norris, Planning Director nick.norris@slcgov.com or 801-641-1728 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council adopt the proposal as recommended by the Planning Commission.. BUDGET IMPACT: None BACKGROUND/DISCUSSION: This proposal was initiated by Mayor Erin Mendenhall to promote the development of the technology related industry in the City. The proposal updates the zoning code and does the following:  Adds Biomedical, Technology Facility, and Data Center as defined terms in the zoning code and adds the uses to the land use tables as permitted uses in specific zoning districts identified in the draft ordinance.  Adds a qualifying provision as a footnote to the land use tables related to Biomedical uses that would prohibit uses that produce hazardous waste from being located within ½ mile of a residential use.  Modifies and merges several defined land uses into one use called “Laboratory, related” and updates the land use tables as indicated in the draft ordinance.  Updates the defined land use “research and development facility” so the definition reflects the nature of the use and expands where the use is allowed in the land use tables of the zoning code. This proposal was initiated to help achieve several goals found in adopted planning documents of the city as well as identified in the Mayor’s 2021 Plan. The overall goal was to expand where tech related land uses could be in the city, specifically capitalizing on the biomedical uses that are created due to the proximity of the University of Utah. The full set of goals found in adopted plans can be found in the Planning Commission staff report. The changes were proposed because the uses are not defined in the code currently. This creates uncertainty for tech related uses and forces most of the uses into the industrial areas of the city. This results in the need for administrative interpretations that take time and staff resources, often for uses that are not more impactful than other similar uses already allowed in the underlying zoning districts. Time is important for perspective businesses looking to locate in the city. The proposed definitions are intended to be “general definitions” which are defined in the code as definitions that are intended to be applied broadly and to address a wide range of potential land uses. This proposal helps address that uncertainty and makes the code more predictable. Adding the proposed uses to mixed use zoning districts is based on the goals of multiple community plans to create more mixed-use neighborhoods throughout the city and provide jobs near where people live. Further research of other communities has found that there is a growing desire for tech related companies to be in places that are close to housing, restaurants, entertainment, transit, and cultural amenities. These factors were used to help identify where the uses were appropriate. The impacts of the potential uses were considered in determining the zoning districts where the uses would be acceptable. Few technology related land uses create impacts that are different than most general office uses. Some biomedical uses do produce hazardous waste. The proposal includes a provision that would prohibit biomedical uses that produce hazardous waste from being located within ½ mile of a residential use. Data Centers also could have a negative impact on mixed use areas where street engagement is important to promote vitality and walkability. Dat centers tend to have low numbers of employees and are in buildings with limited windows and entrances. This proposal only allows the use in the M-1, M-2, and BP zoning districts because the nature of those areas do not include creating more walkable and engaging pedestrian areas due to the large footprints of the buildings and the nature of the land use. The Salt Lake City Department of Sustainability provided a recommendation to the Planning Commission asking that all bio-medical uses provide either an air quality permit or an exemption from permit requirements from the Utah Department of Environmental Quality, Air Quality Division. This was recommended to help the city have a better idea of the level of emissions from bio-medical uses. The Zoning Ordinance already includes environmental performance requirements for air quality. The code requires applicants to provide copies of any required approval. However, it is difficult during the zoning review to know if a permit is required because it requires extensive knowledge of the air quality requirements adopted by the State of Utah. Requiring evidence does make administering the code and verifying compliance with the standard easier. The proposal also included updating medical laboratory related definitions. The code contains multiple variations of this use, which has created some confusion and difficulty in administering the code. This change was included in this proposal because some of the medical lab definitions blurred the lines with the biomedical definition, so more distinction was added to avoid confusion and make it easier to administer the code. The research and development land use are proposed to be updated because the use tends to not produce impacts that are different than most office uses. This is an existing land use definition in the code, but it was updated to better reflect the nature of the use and how the use has evolved over time. PUBLIC PROCESS: The Planning Division created an online storyboard to explain the proposal and provide a survey about the proposed uses. A link to the story map can be found here: HERE. The information and link are posted to the Planning Division Open House page and included in the notice to recognized organizations. Notice of the proposal was sent to all registered recognized organizations in the City. Two organizations requested a presentation on the proposal: The Downtown Alliance and the Sugar House Community Council. A summary of the input received can be found in the Planning Commission Staff Report. The survey was accessible from May 21, 2021 to July 31, 2021. The Planning Commission held a public hearing on August 25, 2021. Notice of the public hearing was sent to all registered recognized organizations and Trolley Square Associated (who requested notice of all zoning changes specifically effecting property the entity owns), was posted on the Planning Commission Agenda page, the State of Utah Public Notice page, and was emailed to the Planning Division email list. The Planning Commission voted unanimously to recommend that the City Council adopt the proposed text changes. Planning Commission (PC) Records a) PC Agenda for August 25, 2021 (Click to Access) b) PC Minutes of May 26, 2021 (Click to Access) c) Planning Commission Staff Report for August 25, 2021 (Click to Access Report) EXHIBITS: 1) Chronology 2) City Council Public Hearing Notice 3) Petition Initiation 4) Mailing Labels 1. CHRONOLOGY Chronology Petition Initiated May 12, 2021 Online Survey Opened May 21, 2021 Online engagement information posted May 24, 2021 45-day notice sent to recognized organizations May 25, 2021 Proposal routed for department review May 26, 2021 Downtown Alliance presentation June 30, 2021 Sugar House Community council presentation July 21, 2021 Engagement period ends July 31, 2021 Planning Commission agenda Published August 12, 2021 Planning Commission notice sent August 12, 2021 Planning Commission staff report posted August 19, 2021 Planning Commission public hearing August 25, 2021 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-00511 Bio-medical, Technology Facility, Medical Laboratory, Research and Development Facility, and Data Center Zoning Text Amendment, initiated by Mayor Erin Mendenhall, that would add the proposed land uses to the land use tables and definitions of each land use to the zoning code. The proposal impacts zoning districts citywide and impacts multiple sections of Title 21A Zoning. Related provisions of Title 21A may also be amended as part of this petition. Information on this proposal can be found in the staff report prepared for the Planning Commission that can be found here: http://www.slcdocs.com/Planning/Planning%20Commission/2021/08.August/PLNPCM2 021-00511%20PC%20Staff%20report%20final.pdf As part of their study, the City Council will hold an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held electronically: DATE: Date #1 and Date #2 TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at https://www.slc.gov/council/ to learn how you can share your comments during the meeting. Comments may also be provided by calling the 24- Hour comment line at (801)535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal, please call Nick Norris at 801-641- 1728 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at nick.norris@slcgov.com. People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or relay service 711. 3. ORIGINAL PETITION SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174 PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS MEMORANDUM To: Mayor Erin Mendenhall Cc: Lisa Shaffer, Chief Administrative Officer; Blake Thomas, Department of Community and Neighborhoods Director; Ben Kolendar, Economic Development Director; Michaela Oktay, Deputy Planning Director From: Nick Norris, Planning Director Date: April 30, 2021 Re: Initiating a zoning amendment to implement the tech corridor goal in the Mayor’s 2021 Plan. The Planning Division would like to request that a zoning text amendment be initiated to update the zoning code to support the implementation of the City’s adopted policies related to economic development and the 2021 Plan goals of advancing Tech Lake City and expanding the life science industry in Salt Lake City. The Department of Community and Neighborhoods has been working with the Economic Development Department to identify the current barriers in the zoning code to accomplish this goal. We are now ready to start a public process to remove these barriers. The proposal would include adding new tech related land use definitions to the code, updating existing definitions, and adding the new uses to the tables of permitted and conditional uses in appropriate zoning districts. The desired result is to make it quick, easy, and less time consuming for tech related land uses to be established, expanded, and contribute to the overall goals of the city. The process will include an engagement process led by the Department of Economic Development that includes the community, industry stakeholders, and other interested parties. Through the Health Care Innovation Blueprint Initiative, Clark Cahoon will be convening the Physical Capital (Real Estate & Infrastructure) subcommittee led by Danny Walz and the Regulatory & City Led Efforts subcommittee led by Blake Thomas to bring together stakeholders in the business community across the city to get feedback on the proposed zoning changes. The Planning Division will help coordinate outreach through the city’s Recognized Organizations. After the proposal is vetted through the engagement process, the proposal will be presented to the Planning Commission for a public hearing and transmitted to the City Council. The anticipated timeline is approximately 60 days for the public engagement process and 30 days for the Planning Commission. The timeline is subject to available workloads of staff participating on the project, planning commission agenda process, and if any unforeseen issues arise as part of the engagement process. The proposal includes adding general definitions for at least the following uses: • Bio-Medical: research, diagnostic, laboratories, manufacture of biologic, biomedical, pharmaceutical products. • Technology Facility: research, development, production, service, and related functions that use technology to produce, deliver, or maintain data, information, equipment, computers and related accessories, or services to other entities and the public. l Page 2 The proposal will update other related land use definitions in the code by modifying or consolidating other defined uses that are more specific and which may create unforeseen barriers in the future. The new and updated land use definitions will be added to the land use tables so they are permitted uses in zoning districts that have the following characteristics: • Allow a broad mix of residential, commercial, and entertainment uses to support employees. • In industrial areas when the use includes manufacturing and distribution. • Near transit lines. • In areas of the city that are more walkable. This memo includes a signature block to initiate the petition if that is the decided course of action. If the decided course of action is to not initiate the application, the signature block can remain blank. Please notify the Planning Division when the memo is signed or if the decision is made to not initiate the petition. Please contact me at ext. 6173 or nick.norris@slcgov.com if you have any questions. Thank you. Concurrence to initiate the zoning text amendment petition as noted above. _____________________________________ ______________ Erin Mendenhall, Mayor Date May 12, 2021 4. MAILING LABELS OWN_FULL_NAME OWN_ADDR OWN_CITY OWN_STATE OWN_ZIP Douglas F White 630 East South Temple Slat Lake City UT 84102‐1102