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Transmittal - 5/12/2022ERIN 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 ________________________ Lisa Shaffer, Chief Administrative Officer Date Received: 5/13/2022 Date sent to Council: 5/13/2022 ______________________________________________________________________________ TO: Salt Lake City Council DATE: May 12, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: R-2 Text Amendment: Building Coverage (PLNPCM2021-01228) STAFF CONTACT: Meagan Booth, Principal Planner meagan.booth@slcgov.com or 801-535-7213 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council adopt the changes to the Zoning Ordinance to allow 45% building coverage for single-family homes in the R-2 zoning district as recommended by the Planning Commission. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Jim Bradley, owner of the property at 927 East 700 South, has submitted a petition to amend a section of the Zoning Ordinance related to building coverage limitations in the R-2 Single and Two-Family zoning district. The subject ordinance currently limits the building coverage for single-family homes to 40% of the lot and the building coverage for duplexes to 45% of the lot. The Planning Commission considered the request in a public hearing and recommended the City Council expand the proposal to allow 45% building coverage for all single-family properties, not just those located on lots less than the required minimum lot size. 1 PUBLIC PROCESS: Community Council Notice: A notice of application was sent to all recognized community organizations on February 7, 2022, per City Code Chapter 2.60 with a link to the online open house webpage. The recognized organizations were given 45 days to respond with any concerns or to request staff to meet with them and discuss the proposed zoning amendment. The 45-day public engagement period ended on March 23, 2022. No community councils requested that staff attend a meeting to review the proposal. Public Open House: An online open house was held from February 7, 2022, to March 23, 2022. One written comment was submitted to the Planning Division after the publication of the staff report. The comment has been included in Exhibit 4. Planning Commission Meeting: The Planning Commission held a public hearing on March 23, 2022. The public hearing was posted on the Planning Division website, the Utah Public Notice website, and shared through the Planning Division email listserv. No entities have requested mailed notice of this proposal and no mailed notice was provided. Written comments were provided to the Planning Commission and there was no public comment during the public hearing. The minutes of the Planning Commission meeting are linked in this document. The Commission voted unanimously to forward a favorable recommendation to the City Council with Planning Staff’s recommended changes. Planning Commission (PC) Records a)PC Agenda of March 23, 2022 (Click to Access) b)PC Minutes of March 23, 2022 (Click to Access) c)Planning Commission Staff Report of March 23, 2022 (Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3)Original Petition 4) Public Comment Received after Planning Commission Staff Report was Published 2 SALT LAKE CITY ORDINANCE No. _____ of 2022 (Amending the zoning text of Subsection 21A.24.110.F of the Salt Lake City Code pertaining to building coverage in the R-2 Single- and Two-Family Residential District) An ordinance amending the text of Section 21A.24.110.F of the Salt Lake City Code pertaining to building coverage in the R-2 Single- and Two-Family Residential District pursuant to Petition No. PLNPCM2021-01228. WHEREAS, on November 30, 2021, Jim Bradley (“Applicant”) submitted an application to amend the text of the Subsection 21A.24.110.F of the Salt Lake City Code to allow 45% Building Coverage in the R-2 Single- and Two-Family Residential District pursuant to Petition No. PLNPCM2021-01228; and WHEREAS the Applicant sought to have the text modified consistent with Salt Lake City master plans; and WHEREAS, on March 23, 2022, the Salt Lake City Planning Commission held a public hearing regarding the Applicant’s petition; and WHEREAS, at its March 23, 2022 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on said application; and WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Text. That Subsection 21A.24.110.F of the Salt Lake City Code (Zoning: Residential Districts: Single- and Two-Family Residential District: Maximum Building Coverage), shall be and hereby is amended read as follows: F. Maximum Building Coverage: The building coverage of all principal and accessory buildings shall not exceed forty-five percent (45%) of the lot for single-family and two- 4 family uses. For lots with buildings legally existing on April 12, 1995, the coverage of existing buildings shall be considered legal conforming. 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 ______________, 2022. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2022. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul Nielson, Senior City Attorney April 14, 2022 5 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. _____ of 2022 2 3 (Amending the zoning text of Subsection 21A.24.110.F of the Salt Lake City Code pertaining to 4 building coverage in the R-2 Single- and Two-Family Residential District) 5 6 An ordinance amending the text of Section 21A.24.110.F of the Salt Lake City Code 7 pertaining to building coverage in the R-2 Single- and Two-Family Residential District pursuant 8 to Petition No. PLNPCM2021-01228. 9 WHEREAS, on November 30, 2021, Jim Bradley (“Applicant”) submitted an application 10 to amend the text of the Subsection 21A.24.110.F of the Salt Lake City Code to allow 45% 11 Building Coverage in the R-2 Single- and Two-Family Residential District pursuant to Petition 12 No. PLNPCM2021-01228; and 13 WHEREAS the Applicant sought to have the text modified consistent with Salt Lake City 14 master plans; and 15 WHEREAS, on March 23, 2022, the Salt Lake City Planning Commission held a public 16 hearing regarding the Applicant’s petition; and 17 WHEREAS, at its March 23, 2022 meeting, the planning commission voted in favor of 18 forwarding a positive recommendation to the Salt Lake City Council on said application; and 19 WHEREAS, after a public hearing on this matter the city council has determined that 20 adopting this ordinance is in the city’s best interests. 21 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 22 SECTION 1. Amending the Zoning Text. That Subsection 21A.24.110.F of the Salt 23 Lake City Code (Zoning: Residential Districts: Single- and Two-Family Residential District: 24 Maximum Building Coverage), shall be and hereby is amended read as follows: 25 F. Maximum Building Coverage: The surface building coverage of all principal and accessory 26 buildings shall not exceed forty-five percent (45%) of the lot for single-family and two-27 6 LEGISLATIVE DRAFT family dwellings uses. and forty percent (40%) for single-family dwellings. For lots with 28 buildings legally existing on April 12, 1995, the coverage of existing buildings shall be 29 considered legal conforming. 30 31 SECTION 2. Effective Date. This ordinance shall become effective on the date of its 32 first publication. 33 Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 34 2022. 35 ______________________________ 36 CHAIRPERSON 37 ATTEST AND COUNTERSIGN: 38 39 ______________________________ 40 CITY RECORDER 41 42 Transmitted to Mayor on _______________________. 43 44 45 Mayor’s Action: _______Approved. _______Vetoed. 46 47 ______________________________ 48 MAYOR 49 ______________________________ 50 CITY RECORDER 51 (SEAL) 52 53 Bill No. ________ of 2022. 54 55 56 57 7 TABLE OF CONTENTS: 1)PROJECT CHRONOLOGY 2)NOTICE OF CITY COUNCIL HEARING 3)ORIGINAL APPLICATION PETITION 4)PUBLIC COMMENT 3 1) PROJECTCHRONOLOGY 8 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 PROJECT CHRONOLOGY Petition: PLNPCM2021-01228 November 30, 2021 Application Accepted December 29, 2021 Petition assigned to Meagan Booth, Principal Planner January 6, 2022 Petition was reviewed internally, and staff provided comments to the applicant. February 7, 2022 Notice mailed to all Community Councils February 7, 2022 Application posted for the online open house. March 10, 2022 Planning Commission agenda posted to the website and emailed to the listserv. March 17, 2022 Staff report posted to Planning’s website March 23, 2022 Planning Commission Meeting and Public Hearing: A positive recommendation was forwarded to City Council with Staff’s recommended changes. 9 2) NOTICE OF CITY COUNCIL HEARING 10 NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2021-01228. Jim Bradley, the property owner at approximately 927 East 700 South, has submitted a petition to amend a section of the Zoning Ordinance related to building coverage limitations in the R2 Single and Two-Family Residential District. The subject regulation is found in Section 21A.24.110F. The Zoning Ordinance currently limits the building coverage for single-family homes to 40% of the lot and the building coverage for duplexes to 45% of the lot. The proposed amendment would increase the allowable building coverage to 45% for single-family homes in the R-2 district city-wide. (Staff Contact: Meagan Booth at 801-535-7213) As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the city Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TBD TIME: 7:00 PM PLACE: *Electronic and In-Person Options City and County Building Room 326 451 South State Street, Salt Lake City, Utah ** This meeting will be held via electronic means, while also providing for an in-person opportunity to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, including WebEx connection information, please visit www.slc.gov/council/virtual-meetings. Comments may also be provided by calling the 24-Hour comment line at (801) 535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Meagan Booth at 801-535-7213 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail or meagan.booth@slcgov.com)The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number PLNPCM2021-01228. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, (801)535-7600, or relay service 711. 11 3) ORIGINAL APPLICATION PETITION 12 13 14 15 16 17 18 19 4) PUBLIC COMMENT 20 23 March 2022 Re: PLNPCM2021-01228, Zoning Text Amendment Building Coverage- R-2 Dear Members of the Planning Commission and Staff, My husband and I own a small, 1890s-era cottage in the Bryant neighborhood on a small R-2 lot but one that is larger than current minimum standards. Our property would not be affected directly by the originally proposed text amendment. However, it would be if the staff’s revised amendment for all R-2 properties is given a positive recommendation. Given our deep, narrow lot and side setback issues, if we ever chose to add to the house it would possibly give us more options. I do support the narrower text amendment. I support the broader one, with reservations. Given the deluge of other pressing planning, zoning, and development issues in our neighborhood and the city at large, this zoning text amendment is relatively minor – though to the applicant and other property owners in affected districts based on the example case, it is significant. I do have several concerns that I hope the Commission will discuss and consider addressing in any motion to approve or modify. Issue 1- The analysis does not show how many non-conforming structures or non-complying uses there are in current R-2 zones. There are many existing unit-legalized rentals that appear to be single family houses on the surface until you count the mailboxes, some businesses, and even a boarding house or three (an analysis I have had to do on my own since it was not included in the Bueno Avenue Apartments analysis). Before the PC considers an expanded text amendment, this should be mapped and evaluated. How many R-2 lots are in the various size categories? Not shown. How many are currently vacant lots? Boarded buildings? Also not shown. Issue 2- If this amendment helps current owners rehabilitate existing homes with small additions, that is a positive outcome. However, if it leads to a bigger wave of teardowns for mini-garage-mahals and other generally problematic house replacements rather than rehabs, that would be a negative impact. Hopefully the 5% increase in lot coverage would not provide enough incentive but given the current market, its hard to say. I note that Salt Lake City has no compatible infill design standards for R-2, not even in national historic districts. Issue 3- In the 2021 Session, the Legislature effectively eliminated single-family zoning by making internal/attached ADUs allowed by right. How does the staff’s recommendation to extend this 45% lot coverage affect single family structures in R-2, if at all, in the context of this change? Does it make them more likely to be feasible? Infill/adding units that also preserves existing structures is beneficial in general from a neighborhood character and sustainability perspective. Issue 4-The purpose of lot coverage standards should be more than providing some outdoor living space, it should be for sustainability and green infrastructure purposes. Salt Lake City suffers from an accelarating heat island effect, an impaired Jordan River watershed and overwhelmed storm sewers, and poor air quality, among other negative environmental impacts, due to hardened, impervious – and often dark-colored – building envelope and landscape surfaces. 21 Can this text amendment be accompanied by stronger green infrastructure requirements like runoff retention and infiltration on site? I note that the staff’s statement “According to the US Census,the average US house has risen from 1,660 square feet in 1973 to 2,687 square feet today.” should not be cause for support or celebration. US homes have ballooned in size on average, negatively affecting sustainability, energy consumption, poor air quality, and fueling the climate emergency. Can this text amendment be accompanied by any additional conditions of no net energy consumption gain? Other green building practices as a trade-off for the flexibility and value increase of properties? I concur with the applicant and staff report that it is far better to allow small, efficient, compatible additions in our historic and older neighborhoods to keep families and residents here rather than moving to South Jordan, Draper, Herriman, or the like for much bigger – if not better – houses. At this point, I would recommend forwarding a positive recommendation the original, more narrow text amendment or briefly tabling the broader one until staff can do a more detailed analysis of R-2 to better understand if the claim of “little or no impact” is likely. Simpler is not always better. Please note that these are my personal comments. Sincerely, Jen Colby, D4 Resident 22