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Transmittal - 1/23/2023ERIN 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: January 17, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Homeless Resource Center Text Amendment STAFF CONTACT: Nick Norris, nick.norris@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council adopt the Homeless Resource Center Overlay Text Amendment and consider the modifications recommended by Planning Commission. BUDGET IMPACT: None BACKGROUND/DISCUSSION: The proposed Homeless Resource Center (HRC) Overlay text amendment is in response to the moratorium adopted by the City Council in April of 2022, ordinance 15A of 2022. The moratorium removed HRCs and homeless shelters from the land use tables. Prior to the moratorium, HRCs were allowed as conditional uses in the D-2 (Downtown Support), D-3 (Downtown Warehouse) and CG (General Commercial) zoning districts. To ensure clear guidance on developing a new process, the council provided the following project goals: •The safety and welfare of those experiencing homelessness in the city. •The impact to communities when HRCs and related services are concentrated. •The impact that future HRCs have on city services. •The financial ability of service providers to comply with regulations and still provide necessary shelter and/or services. •Identifying the impacts that are the responsibility of the operator of an HRC and those impacts that should be the responsibility of others. Lisa Shaffer (Jan 23, 2023 10:56 MST)01/23/2023 01/23/2023 • Avoiding inequities in the locations of HRCs and homeless shelters. In response to the established goals, staff sought a solution with the primary purpose to protect the safety and welfare of those experiencing homelessness within Salt Lake City. The developed proposal is the Homeless Resource Center Overlay Zoning District. The proposed HRC Overlay establishes regulations for future homeless resource centers and homeless shelters. Any future HRC or emergency shelter would require a zoning map amendment to apply the overlay. Once the HRC Overlay is mapped, a new HRC would be a permitted use. In order to address many of the comments and concerns provided by the public and city departments, the request to map the proposed HRC Overlay requires a great deal of information provided by the service provider, impacted city departments and the Director of Homeless Policy and Outreach associated with the Administration. The following information outlines the requirements and the process associated with the proposed HRC Overlay. The service provider is required to provide the listed information upon submittal to apply the HRC Overlay to a specific property. 1. Development plans must meet the requirements of chapter 21A.58 and the following additional detail: a. The plans shall include all labels for the function of each room or space, both indoor and outdoor, proposed for the facility. b. All information that demonstrates compliance with the requirements in 21A.36.350. 2. The maximum total human occupancy the proposed facility is intended to serve. 3. A detailed list of all anticipated supportive services to be offered on the property, including a description of each service, where the service will be on the property and the square footage of the area designated for each service. 4. Any anticipated funding requests made to the city to operate the facility. As part of the application process, staff and applicable city departments are required to compile the following information within 30 days of the application submittal. 1. Information regarding the impact to the police department which may include any data that demonstrates the services to existing homeless resource centers located in the city, the estimated cost of providing service by the police department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the police department to provide services to other parts of the city. 2. Information regarding the impact to the fire department which may include any data that demonstrates the services to existing homeless resource centers located in the city and the estimated cost of providing service by the fire department to existing homeless resource centers and the impact that a new homeless resource center has on the ability of the fire department to provide services to other parts of the city. 3. Information regarding the number of civil enforcement cases associated with existing homeless resource centers, including the types of complaints, and the estimated impact to civil enforcement workloads and ability to provide services to other parts of the city. 4. Information regarding accessibility of the site and its impact on Public Services. 5. The city provides an updated website to provide any and all city departments to contact for various complaints such as graffiti, encampment clean up, enforcement issues, and any other identified city service that may address impacts on the neighborhood from HRCs. 6. Data provided by the State Homeless Management Information System and the SL Valley Coalition to end homelessness regarding similar uses in Salt Lake County, including the total number of facilities, the total number of people who use the facilities, the number of individuals served with overnight tenancy in each facility, the average percentage of occupancy of the facilities, and the number of nights per year that the other facilities are at capacity to the extent that the information is available. 7. Data regarding the total number of beds available to people experiencing homelessness and the estimated number of people experiencing homelessness to the extent that the information is available. To address many of the impacts and the concerns raised by city departments, as well as the public, staff created specific factors for the Planning Commission and the City Council to consider when applying the proposed overlay, which include the following: 1. The anticipated benefits to people experiencing homelessness provided by the facility in the proposed location. 2. The proximity of support services that benefit people who may use the facility and the ability of people to access services from the proposed location. If services are not within walking distance of the proposed facility, consideration of a transportation plan connecting support services to the facility. 3. The ratio of homeless related services provided in Salt Lake City compared to other jurisdictions in Salt Lake County. 4. The anticipated impact to city services, including fire, police, and any other city department that would be involved in providing services to the facility and the impact, if any, to the city providing services in other parts of the city. 5. The proximity to other homeless resource centers. 6. The effectiveness of the security and operations plan provided by the petitioner to address impacts created by the homeless resource center. 7. Equity between different neighborhoods in providing HRCs and other locations of impactful land uses. High impact land uses are those land uses that produce higher levels of pollution than the permitted uses in the underlying zone, and uses that attract crime or produce public nuisances, and land uses that located by a government entity or authorized by a government entity, that is not subject to the land use regulations of the city. 8. Demonstrated compliance with the requirements of 21A.36.350. A request to map the HRC Overlay, the service provider would be required to submit a zoning map amendment application. This process requires a 45-day public input period, and at least one public hearing with the Planning Commission and a public hearing with the City Council. This proposal includes a mandatory timeline associated with scheduling of public hearings with the Planning Commission to streamline the approval process. In addition to the condensed timeline, staff integrated a requirement that the service provider must conduct engagement with individuals experiencing homelessness. Additionally, staff increased the public notification to property owners and tenants from 300’ to 450’ to ensure that the broader community is informed of future HRC requests. Planning Commission Recommendation The Planning Commission provided a positive recommendation on the proposed HRC Overlay with two additional recommendations, which are included in the attached ordinance. The Planning Commission recommends the following language be adopted by the City Council: • Homeless Resource Centers with up to 40 beds be approved through the conditional use process in any zoning district with residential uses. • The City Council expedite the review and approval of a requested HRC Overlay within 90 days of the recommendation of Planning Commission. Regarding the first recommendation, staff has not had the opportunity to research any anticipated impacts related to HRCs with an occupancy of 40 people. This may have unintended consequences that are unknown at this time. PUBLIC PROCESS: Planning Staff conducted a series of stakeholder meetings, in order to gain valuable input on current impacts and a future amendment. The series of stakeholder meetings informed the HRC Overlay proposal. • June 16, 2022 – Focus Group: Community Council Chairs • July 5, 2022 – Focus Group: Advocates for People Experiencing Homelessness • July 6, 2022 – Focus Group: Service Providers • July 25, 2022 – Focus Group: Business Community • July and August – Allison Dupler (Homeless Strategies and Outreach Coordinator in Mayor’s Office) met with people experiencing homelessness at both HRCs, the Rescue Mission, and Nomad Alliance supply drive. A total of 68 people (54 sheltered, 14 unsheltered) provided input. • Facebook Live Event: November 1, 2022 • Open House: November 10, 2022 • Online Open House: October 15th - November 30th.The required 45-day public input period was noticed on October 14th and ended on November 30th, 2022. Input and comments received during the public process were used to draft the proposal. Input has also been received during the 45-day engagement period. Most input was provided through comments entered through the project website. There were 16 comments submitted online. Three commenters indicated that they support the proposal, four indicated that they do not support the proposal, and eight indicated that they could support the proposal with modifications. These comments are included in the PC staff report for December 14, 2022. Any comments provided after the publication of the PC staff report are included in Exhibit 4. Planning Commission (PC) Records a) PC Agenda December 14, 2022 (Click to Access) b) PC Minutes December 14, 2022 (Click to Access) c) PC Staff Report December 14, 2022 (Click to Access) d) PC Agenda November 9, 2022 (Click to Access) e) PC Minutes November 9, 2022 (Click to Access) f) PC Staff Report November 9, 2022(Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Original Petition 4) Comments Received After Publication of PC Staff Report SALT LAKE CITY ORDINANCE 1 No. _____ of 2023 2 3 (Adopting the Homeless Resource Center Overlay District, Adopting standards pertaining to 4 Temporary Homeless Resource Centers, Amending the zoning text of Section 21A.36.350 and 5 Chapter 21A.50 pertaining to Homeless Resource Centers and Development Agreements, and 6 Amending definitions in Title 21A associated with the foregoing) 7 8 An ordinance adopting the Homeless Resource Center Overlay District, adopting 9 standards pertaining to Temporary Homeless Resource Centers, amending the zoning text of 10 Section 21A.36.350 and Chapter 21A.50 pertaining to Homeless Resource Centers and 11 Development Agreements, and amending definitions in Title 21A associated with the foregoing 12 all pursuant to Petition No. PLNPCM2022-01068. 13 WHEREAS, on December 14, 2022, the Salt Lake City Planning Commission (“Planning 14 Commission”) held a public hearing on a petition submitted by the Salt Lake City Council (“City 15 Council”) to amend land use regulations pertaining to homeless resource centers (Petition No. 16 PLNPCM2022-01068); and 17 WHEREAS, at its December 14, 2022 meeting, the Planning Commission voted in favor 18 of forwarding a positive recommendation to the City Council on said petition; 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. Adopting Section 21A.34.160. That Section 21A.34.160 of the Salt Lake 23 City Code shall be and hereby is adopted as follows: 24 21A.34.160: HOMELESS RESOURCE CENTER OVERLAY DISTRICT 25 Purpose: The intent of the overlay is to consider the safety and welfare of those experiencing 26 homelessness while considering the impact to city services and adjacent neighborhoods and 27 minimize the effects on neighborhoods and populations that have traditionally been marginalized 28 when considering locations for future homeless resource centers. 29 A. Applicability: The process and regulations found in this chapter apply to all homeless 30 resource centers existing prior to January 1, 2023 and any proposed homeless resource 31 centers mapped within the city. This overlay is prohibited in the M-1 and M-2 zoning 32 districts. 33 34 B. Applying to Zoning Map: A petition to apply this overlay shall be subject to the 35 applicable provisions of 21A.50. 36 1. A homeless resource center shall only be allowed if located within the homeless 37 resource center overlay or as otherwise allowed by this title. 38 2. City Council Action: In deciding to apply this overlay, the city council may 39 consider a development agreement to address any benefit or impact that a 40 proposed homeless resource center may have on the surroundings of the proposed 41 location of the overlay. Upon receiving a recommendation from the planning 42 commission on a petition to apply this overlay the city council shall render a 43 decision on the petition within 90 days. 44 3. Permitted Use: If approved by the city council, a homeless resource center shall 45 be a permitted use within the boundary of the homeless resource center overlay 46 district. 47 48 C. A homeless resource center with an occupancy of up to 40 individuals experiencing 49 homelessness is not required to be located within the homeless resource center overlay 50 district, provided that such center is (1) located within a zoning district that permits 51 residential uses, and (2) approved pursuant to Chapter 21A.54. 52 53 D. Previously Approved Homeless Resource Centers and Homeless Shelters: An existing 54 homeless resource center or homeless shelter that was approved as a conditional use prior 55 to January 1, 2023 shall be subject to the specifics of the conditional use approval, and 56 any subsequent modification to the approval, that were placed on the use at the time of 57 approval, and subject to the following modification limitations: 58 1. Modifications to prior conditional use approval. A modification to a prior 59 conditional use shall be subject to 21A.54.135. 60 2. Any modification beyond 21A.54.135 is subject to a zoning map amendment to 61 apply this overlay. 62 63 E. Applicability to Places of Worship. A place of worship is not required to petition for a 64 zoning map amendment to apply this overlay provided any emergency shelter provided is 65 part of the ecclesiastic function of the place of worship. A place of worship that provides 66 emergency shelter to people experiencing homelessness shall comply with the provisions 67 of 21A.36.350. 68 69 F. Complying with standards. Any existing or proposed homeless resource center or 70 homeless shelter shall comply with the applicable provisions of this title, including but 71 not limited to the requirements of the underlying zoning district and section 21A.36.350. 72 SECTION 2. Amending the Text of Section 21A.36.350. That Section 21A.36.350 of 73 the Salt Lake City Code shall be and hereby is amended to read as follows: 74 21A.36.350: STANDARDS FOR HOMELESS RESOURCE CENTERS 75 A. A homeless resource center or homeless shelter may be allowed pursuant to 21A.34 of 76 this title and the requirements of this section. A homeless resource center or homeless shelter 77 located within the city shall comply with the following regulations. Any homeless resource 78 center or homeless shelter approved as a conditional use shall comply with these regulations and 79 the requirements of the approved conditional use. The owner of the property where a homeless 80 resource center or homeless shelter is located shall ensure that the operator complies with the 81 requirements of this chapter. 82 1. Capacity Limit: a maximum of two hundred (200) unsheltered persons. 83 2. Security and operations plan. A plan shall be prepared by the applicant, and 84 approved by the Salt Lake City Police Department and Community and Neighborhoods 85 Department, and filed with the Recorder's Office. A security and operations plan shall include: 86 a. A community relations and complaint response program that identifies specific 87 strategies and methods designed to maintain the premises in a clean and orderly condition, 88 minimize potential conflicts with the owners/operators and uses of neighboring properties, and 89 prohibit unlawful behavior by occupants of the homeless resource center or homeless shelter on 90 the site. The community relations and complaint response program shall include at least the 91 following elements: 92 (1) Identify a representative of the homeless resource center or homeless 93 shelter, including the representative's name, telephone number, and email, who will meet with 94 neighbors upon request to attempt to resolve any complaints regarding operation of the center; 95 (2) A dedicated 24 hour telephone line for the purpose of receiving 96 complaints; 97 (3) Quarterly meetings with a community coordinating group, which shall be 98 open to the public, to discuss and address concerns and issues that may be occurring as a result 99 of the homeless resource center or homeless shelter operation. The operator may establish 100 policies and procedures for the meetings, including rules of decorum. The meetings shall be 101 advertised at least 10 days in advance by posting notice on the operator's website and a sign 102 posted along the public street; 103 (4) Representatives from each of the following shall be included in the 104 community coordinating group: 105 (A) The homeless resource center or homeless shelter; 106 (B) A business located within 1/4 mile of the site; 107 (C) A resident who lives within 1/4 mile of the site; 108 (D) A school, if any, located within 1/4 mile of the site; 109 (E) Chair of the community council, or designee, whose boundary 110 encompasses the site; 111 (F) An individual who has previously received or is currently receiving 112 services (i.e., client) from a homeless resource center or homeless shelter; and 113 (5) A written annual report, provided on or before February 15th of each year, 114 from the operator of the homeless resource center or homeless shelter, provided to the City 115 Planning Director, which shall be posted to the Planning Division website and which shall 116 include the following information: 117 (A) List of individuals who have participated in the community coordinating 118 group meetings; 119 (B) A summary of each community coordinating group meeting; 120 (C) A summary of complaints received from the community by the operator of 121 the homeless resource center or homeless shelter; and 122 (D) An explanation of how complaints have been addressed/resolved. 123 b. A complaint response community relations program that includes strategies and 124 methods designed to maintain the premises in a clean and orderly condition, minimize potential 125 conflicts with the owners/operators and uses of neighboring property, and prohibit unlawful 126 behavior by occupants of the homeless resource center or homeless shelter on the site or adjacent 127 public right-of-way. 128 c. A provision requiring a representative of the homeless resource center or 129 homeless shelter to meet with neighbors upon request to attempt to resolve any neighborhood 130 complaints regarding operation of the center; 131 d. A requirement for continuous on-site security, which includes professional 132 security personnel, monitored security cameras, trained emergency responders, and emergency 133 alert systems. 134 e. A plan to maintain noise levels in compliance with chapter 9.28 of this Code; 135 f. Design requirements that ensure any areas for client queuing take place strictly 136 within an enclosed building; 137 g. Designation of a location for smoking tobacco outdoors in conformance with 138 State laws; 139 h. A provision stating that any trash on the premises be collected and deposited in a 140 trash receptacle by 6:00 A.M. the following day; 141 i. A provision stating that portable trash receptacles on the premises be emptied 142 daily and that other receptacles be emptied at a minimum of once per week or as needed. 143 j. Designation of an indoor location within the site where emergency services can 144 easily and privately provide necessary services to clients. 145 k. Visible signage at all public entrances indicating that firearms are not permitted 146 inside the homeless shelter. A means of detecting firearms at all public entrances and the plan to 147 ensure an individual is physically present at all entrances when the public entrance is in use. A 148 secure storage area for a firearm for clients of the shelter but also clear policies to not collect 149 information on the firearm while in storage at shelter. An abandonment plan if a firearm is left at 150 the shelter for more than 7 days, process to relinquish to a law enforcement agency for disposal. 151 3. The applicant shall provide building and site plans that have been reviewed by a 152 certified CPTED (Crime Prevention Through Environmental Design) professional credentialed 153 by the International Crime Prevention Through Environmental Design Association or similar 154 organization. The CPTED professional shall indicate that the plans comply with CPTED 155 principles and be approved by the Salt Lake City Police Department. The police department may 156 recommend modification to the plans to improve the safety of the site to the zoning 157 administrator. The zoning administrator is authorized to allow modifications to the zoning 158 regulations listed in this section in order to improve the safety of the site when the recommended 159 modification is not permitted by the zoning ordinance. Modifications shall be limited to the 160 following: 161 a. Fence height and fence design; 162 b. Landscaping; 163 c. Clear view distances at driveways; 164 d. Design standards when necessary to provide privacy for the operation of the 165 homeless resource center. 166 4. Maintenance: 167 a. The building and site must be maintained free from graffiti, litter, garbage, and 168 other items that constitute a nuisance; 169 b. The building must be maintained in good repair and all property damage is 170 repaired in a timely manner; 171 c. All fencing, walls, paving, walkways and other site features must be maintained 172 in good repair, and free from obstruction. 173 5. Building And Zoning Compliance: A homeless resource center or homeless 174 shelter shall comply with all applicable building and zoning regulations. 175 B. Standards for Homeless Resource Centers (Temporary) 176 1. When Allowed: A homeless resource center (temporary) is allowed if the 177 following situations are present in the city: 178 a. The existing homeless resource centers and homeless shelters in the city are at full 179 capacity or are likely to be at full capacity due to temperatures dropping below 32 degrees or 180 heat index above 95 degrees Fahrenheit is reasonably expected; and 181 b. The city is required to provide emergency shelter by applicable state laws. 182 2. Location: A homeless resource center (temporary) may be located in existing 183 buildings within the city if: 184 a. The building proposed for a homeless resource center (temporary) complies with 185 one of the following: 186 (1) is located in a zoning district that allows hotels, motels, or multi-family 187 dwellings; 188 (2) is owned by a government entity regardless of underlying zoning; or 189 (3) was constructed as a hotel, motel, or other temporary lodging purpose. 190 b. The site contains permanent or temporary restrooms adequate for the determined 191 occupancy load. 192 c. The building complies with or can comply with applicable building and fire codes 193 deemed necessary by city officials who are qualified to make such a determination. 194 d. The building complies with the spacing requirements in Utah Code 35A-16-502 195 (11) regulating separation requirements or its successor. The separation requirement in 35A-16-196 502 (11)(c) is waived upon adoption of this section by the Salt Lake City Council. The 197 requirement in 35A-16-502(11)(c) pertaining to community locations may be waived or reduced 198 by the director of community and neighborhoods department. The director of community and 199 neighborhoods department may also waive any future separation requirement that is added to 200 35A-16-502. 201 3. Security and Operations Plan: The operator of the facility provides the city with a 202 security and operations plan that includes: 203 a. Contact information for a 24 hour property manager who has responsibility for 204 administering the security and operations plan and addressing nuisances or compliance issues 205 required by applicable laws. The contact info must be clearly posted on the site and legible to 206 passers-by. 207 b. A description of the intake process for those that may be using the facility that can 208 occur entirely within the building or on the property in a manner that does not impact public 209 sidewalks. 210 c. Designated smoking areas on the property that are located in areas that comply 211 with applicable laws and are at least 30 feet from a property line. 212 d. A property maintenance plan to ensure that the property is maintained free of 213 litter and any waste. 214 e. A vicinity maintenance plan to ensure that the properties and public space within 215 660 feet of the property where the facility is located are free from any litter or waste and that 216 requires the facility operator to respond to requests from property owners or occupants of the 217 properties within 660 feet to remove any waste, including sanitization when necessary, that can 218 be attributed to the occupants of the facility. 219 f. Visible signage at all public entrances indicating that firearms are not permitted 220 inside the homeless shelter. A means of detecting firearms at all public entrances and the plan to 221 ensure an individual is physically present at all entrances when the public entrance is in use. A 222 secure storage area for a firearm for clients of the shelter but also clear policies to not collect 223 information on the firearm while in storage at shelter. An abandonment plan if a firearm is left at 224 the shelter for more than 7 days, process to relinquish to a law enforcement agency for disposal. 225 g. Provisions that address ingress and egress to the site. The zoning administrator 226 may require features such as fences to regulate egress and ingress to the site. 227 h. A requirement for continuous on-site security which includes professional 228 security personnel, monitored security cameras, trained emergency responders, and emergency 229 alert systems. 230 4. Limitations. A homeless resource center (temporary) approved under these 231 regulations may only occupy a site once every four years. 232 5. Temporary Land Use Regulations: The city council may approve any homeless 233 resource center (temporary) utilizing temporary land use approval authority prescribed under 234 current laws. 235 SECTION 3. Amending the Text of Section 21A.50.030. That Section 21A.50.350 of 236 the Salt Lake City Code shall be and hereby is amended to read as follows: 237 21A.50.030: INITIATION: 238 Amendments to the text of this title or to the zoning map may be initiated by filing an application 239 for an amendment addressed to the planning commission. Applications for amendments may be 240 initiated by the mayor, the city council, the planning commission, or the owner of the property 241 included in the application, or the property owner's authorized agent. Applications related to H 242 historic preservation overlay districts or landmark sites or the Homeless Resource Center 243 Overlay shall be initiated as provided in chapter 21A.34 of this title. 244 SECTION 4. Amending the Text of Section 21A.50.040. That Section 21A.50.040 of 245 the Salt Lake City Code shall be and hereby is amended to read as follows: 246 21A.50.040: PROCEDURE: 247 An amendment to the text of this title or to the zoning map initiated by any of the methods 248 described in section 21A.50.030 of this chapter shall be processed in accordance with the 249 following procedures: 250 A. Application: An application shall be made to the zoning administrator on a form 251 or forms provided by the office of the zoning administrator, which shall include at least the 252 following information: 253 1. A statement of the text amendment or map amendment describing the purpose for 254 the amendment and the exact language, boundaries and zoning district; 255 2. Street address and legal description of the property; 256 3. A complete description of the proposed use of the property where appropriate; 257 4. Site plans drawn to scale (where applicable); and 258 5. Related materials or data supporting the application as may be determined by the 259 applicant and the zoning administrator. 260 B. Fees: The application shall be accompanied by the applicable fees shown on the 261 Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of 262 all fees established for providing the public notice required by chapter 21A.10 of this title. 263 Application and noticing fees filed by the city council, planning commission or the mayor shall 264 not be required. Application and noticing fees filed for designation within an H historic 265 preservation overlay district or to establish a character conservation district shall not be required. 266 C. Determination Of Completeness: Upon receipt of an application for an 267 amendment, the zoning administrator shall make a determination of completeness pursuant to 268 section 21A.10.010, "General Application Procedures", of this title. 269 D. Staff Report: A staff report evaluating the amendment application shall be 270 prepared by the planning director and shall contain at least the following information: 271 1. An analysis of any factors to be considered found in this title. 272 2. A discussion regarding input received from the public. 273 3. Input from other city departments or entities who have provided comments related 274 to the proposal. 275 E. Planning Commission Public Hearing: The planning commission shall schedule 276 and hold a public hearing on the completed application in accordance with the standards and 277 procedures for conduct of the public hearing set forth in chapter 21A.10, "General Application 278 And Public Hearing Procedures", of this title. The following provisions apply for petitions to 279 amend the zoning map that are requesting to applying the homeless resource center overlay 280 district: 281 1. Zoning Map Amendments to locate the homeless resource center overlay can hold 282 a public hearing with the planning commission during the required 45-day public notification 283 period, as required in Section 2.60.050 of the Salt Lake City Code. No recommendation shall be 284 made by the planning commission during the 45-day notification period. 285 2. During the 45-day public notification period, the petitioner shall arrange an 286 opportunity for people who are experiencing homelessness to provide input on the proposed 287 location of the homeless resource center overlay district. 288 3. Notice of the public hearing shall be sent via first class mail to property owners 289 and tenants within 450 feet of the proposed boundaries of the petition to map the homeless 290 resource center overlay. 291 4. The petition shall be scheduled for a recommendation from the planning 292 commission at the first regularly scheduled commission meeting following the end of the 45-day 293 notification period. 294 F. Planning Commission Decision: Following the public hearing, the planning 295 commission shall recommend approval or denial of the proposed amendment or the approval of 296 some modification of the amendment and shall then submit its recommendation to the city 297 council. 298 G. City Council Hearing: The city council shall schedule and hold a public hearing to 299 consider the proposed amendment in accordance with the standards and procedures for conduct 300 of the public hearing set forth in chapter 21A.10, "General Application And Public Hearing 301 Procedures", of this title. 302 H. City Council Decision: Following the hearing, the city council may adopt the 303 proposed amendment, adopt the proposed amendment with modifications, or deny the proposed 304 amendment. However, no additional land may be zoned to a different classification than was 305 contained in the public notice, and no land may be rezoned to a less restricted classification, 306 without new notice and hearing. 307 SECTION 5. Adopting Section 21A.50.060. That Section 21A.50.060 of the Salt Lake 308 City Code shall be and hereby is adopted as follows: 309 21A.50.060: CONSIDERATION OF AMENDMENTS APPLYING THE HOMELESS 310 RESOURCE CENTER OVERLAY DISTRICT. 311 A. Applicability. Any proposal to consider a petition that involves a zoning map 312 amendment to apply the homeless resource center overlay district shall be subject to the 313 additional requirements of this section in addition to any other requirement of this title. 314 315 B. Additional Submittal Requirements. In addition to the application requirements of this 316 chapter, the following information shall be provided by the person submitting a zoning 317 amendment petition that includes applying the homeless resource center overlay district. 318 1. Development plans meeting the requirements of chapter 21A.58 and the following 319 additional detail: 320 a. The plans shall include all labels for the function of each room or space, both 321 indoor and outdoor, proposed for the facility. 322 b. All information that demonstrates compliance with the requirements in 323 21A.36.350. 324 2. The maximum total human occupancy the proposed facility is intended to serve. 325 3. A detailed list of all the anticipated supportive services to be offered on the 326 property, including a description of each service, where the service will be on the property and 327 the square footage of the area designated for each service. 328 4. Any anticipated funding requests made to the city to operate the facility. 329 C. Information Provided by the City. After a complete application has been submitted to 330 apply this overlay to property within the boundaries of the city, applicable city departments shall 331 provide the Planning Division with the following information within 30 days: 332 1. Information regarding the impact to the police department which may include any 333 data that demonstrates the services to existing homeless resources centers located in the city, the 334 estimated cost of providing service by the police department to existing homeless resource 335 centers and the impact that a new homeless resource center has on the ability of the police 336 department to provide services to other parts of the city. 337 338 2. Information regarding the impact to the fire department which may include any 339 data that demonstrates the services to existing homeless resources centers located in the city and 340 the estimated cost of providing service by the fire department to existing homeless resource 341 centers and the impact that a new homeless resource center has on the ability of the fire 342 department to provide services to other parts of the city. 343 344 3. Information regarding the number of civil enforcement cases associated with 345 existing homeless resource centers, including the types of complaints, and the estimated impact 346 to civil enforcement workloads and ability to provide services to other parts of the city. 347 348 4. Information regarding accessibility of the site and its impact on public services. 349 350 5. The city provides an updated website to provide any and all city departments to 351 contact for various complaints such as graffiti, encampment clean up, enforcement issues, and 352 any other identified city service that may address impacts on the neighborhood from homeless 353 resource centers. 354 355 6. Data provided by the State Homeless Management Information System and the 356 SL Valley Coalition to end homelessness regarding similar uses in Salt Lake County, including 357 the total number of facilities, the total number of people who use the facilities, the number of 358 individuals served with overnight tenancy in each facility, the average percentage of occupancy 359 of the facilities, and the number of nights per year that the other facilities are at capacity to the 360 extent that the information is available. 361 362 7. Data regarding the total number of beds available to people experiencing 363 homelessness and the estimated number of people currently experiencing homelessness to the 364 extent that the information is available. 365 D. Additional Factors to Consider: In making a decision regarding a petition to map the 366 homeless resource center overlay district, the planning commission and city council shall 367 consider the following factors, in addition to those factors identified elsewhere in 21A.50: 368 369 1. The anticipated benefits to people experiencing homelessness provided by the 370 facility in the proposed location. 371 2. The proximity of support services that benefit people who may use the facility 372 and the ability of people to access services from the proposed location. If services are not within 373 walking distance of the proposed facility, consideration of a transportation plan connecting 374 support services to the facility. 375 3. The ratio of homeless related services provided in Salt Lake City compared to 376 other jurisdictions in Salt Lake County. 377 4. The anticipated impact to city services, including fire, police, and any other city 378 department that would be involved in providing services to the facility and the impact, if any, to 379 the city providing services in other parts of the city. 380 5. The proximity to other homeless resource centers. 381 6. The effectiveness of the security and operations plan provided by the petitioner to 382 address impacts created by the homeless resource center. 383 7. Equity between different neighborhoods in providing homeless resource centers 384 and other locations of impactful land uses. High impact land uses are those land uses that 385 produce higher levels of pollution than the permitted uses in the underlying zone, land uses that 386 attract crime or produce public nuisances, and land uses that are located by a government entity 387 or authorized by a government entity and that are not subject to the land use regulations of the 388 city. 389 8. Demonstrated compliance with the requirements of 21A.36.350. 390 SECTION 6. Renumbering Section 21A.50.060. That Section 21A.50.060 “Limitation 391 on Amendments” is hereby renumbered to Section 21A.50.070 of the Salt Lake City Code. 392 SECTION 7. Adopting Section 21A.50.080. That Section 21A.50.080 of the Salt Lake 393 City Code shall be and hereby is adopted as follows: 394 21A.50.080: DEVELOPMENT AGREEMENTS. 395 The city council may consider applying requirements through an appropriate legal agreement 396 with a petition for a zoning amendment when the city council determines that such an agreement 397 is necessary to increase the benefit of the proposed zoning amendment and/or to address 398 potential impacts to city services, surrounding land uses, public safety, and the health of current 399 and future residents, business owners, and visitors to the city. The agreement may modify any 400 applicable requirement of this Title provided the modification was proposed to and considered 401 by the planning commission as required for any zoning amendment. Agreements that constrain 402 the development potential or land uses of the subject property compared to what is authorized in 403 the proposed zoning district are not required to be reviewed by the planning commission prior to 404 consideration of the agreement. 405 SECTION 8. Renumbering Section 21A.50.070. That Section 21A.50.070 “Appeal of 406 Decision” is hereby renumbered to Section 21A.50.090 of the Salt Lake City Code. 407 SECTION 9. Amending the Text of Section 21A.60.020. That Section 21A.60.020 of 408 the Salt Lake City Code shall be amended to include the following term: 409 Homeless Resource Center (Temporary) 410 SECTION 10. Amending the Text of Section 21A.60.040. That definitions of the terms 411 “Homeless Resource Center” and “Homeless Shelter” be amended as set forth below and the 412 term “Homeless Resource Center (Temporary)” be added to Section 21A.62.040 of the Salt Lake 413 City Code as follows: 414 HOMELESS RESOURCE CENTER: A building or portion thereof which contains sleeping 415 facilities for those experiencing homeless and operates year round. The facility may contain 416 related services such as bathing, eating, laundry facilities, housing case management, medical 417 care and treatment; behavioral and mental health counseling; employment counseling; 418 educational instruction, and/or vocational training as defined in Utah State Code or its successor. 419 HOMELESS SHELTER: See the definition of Homeless Resource Center. 420 HOMELESS RESOURCE CENTER (Temporary): A building or portion thereof which contains 421 sleeping facilities for no more than 150 people per night experiencing homelessness and operates 422 for no more than 180 consecutive days or a total of 180 days in a calendar year between October 423 1 and April 30th of the following year. The facility may contain related services such as bathing, 424 TABLE OF CONTENTS 1) Project Chronology 2) Notice of City Council Public Hearing 3) Original Petition 4) Comments Received After Publication of PC Staff Report 1. Project Chronology PROJECT CHRONOLGY PETITIONS: PLNPCM2022-01068 June 16, 2022 Community Council Focus Group July 5, 2022 Advocates for People Experiencing Homelessness Focus Group July 6, 2022 Service Provider Focus Group July 25, 2022 Business Community Focus Group July/August 2022 Allison Dupler (Homeless Strategies and Outreach Coordinator) met with people experiencing homelessness at both HRCs, the Rescue Mission, and Nomad Alliance supply drive. A total of 68 people provided input. October 15, 2022 Online Open House from October 15th-November 30th, 2022 November 1, 2022 Facebook Live Event November 10, 2022 Open House November 9, 2022 Planning Commission Briefing December 14, 2022 Planning Commission Public Hearing 2. Notice of City Council Public Hearing NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2022-01068 On December 14, 2022, the Planning Commission held a public hearing and voted to recommend approval of the proposed Homeless Resource Center Overlay Zoning District by the City Council. A petition initiated by the City Council through Ordinance 15B of 2022 to establish a process for approving future homeless resource centers in the city, modifies existing standards for homeless resource centers and homeless shelters, and make other necessary and related modifications to Title 21A Zoning. The proposal includes adopting the Homeless Resource Center Overlay Zoning District, modifying section 21A.36.350 Standards for Homeless Resource Centers, adding provisions for temporary/seasonal homeless resource centers that incorporate recent changes to Utah Code, modifying chapter 21A.50 to add factors to consider when mapping the homeless resource center overlay and other related changes, and modifying defined terms. The City Council may amend other related chapters and sections of Title 21A Zoning as part of this proposal. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petitions. 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. 451 South State Street, Room 326, 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 Kelsey Lindquist (385) 226-7227 between the hours of 8:00 a.m. and 5:00 p.m, Monday through Friday, or via email at kelsey.lindquist@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number PLNPCM2022-01068 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 make a request, please contact the City Council Office at council.comments@slcgov.com, (801)535-7600, or relay service 711. 3. Original Petition 4. Public Comments After Publication of PC Staff Report