Transmittal - 6/21/2023ERIN 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: June 20, 2023
Darin Mano, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: PLNPCM2023-00026, Sugar House Drive-Through Text Amendment
STAFF CONTACT: Andy Hulka, Principal Planner
andy.hulka@slcgov.com or 801-535-6608
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council adopt the changes to the zoning ordinance related
to drive-through uses within the Sugar House Business District, as recommended by the Planning
Commission.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: The Salt Lake City Planning Commission initiated a petition
to amend the zoning ordinance to prohibit new drive-through uses in the Sugar House Business
District (CSHBD1 & CSHBD2). Drive-through facilities for financial institutions, restaurants,
retail goods and retail service establishments are currently permitted uses in the Sugar House
Business District. The proposed text amendment would prohibit new drive-through facilities in the
district by removing the permitted use designations for all drive-through facilities under CSHBD1
and CSHBD2 in the Table of Permitted and Conditional Uses for Commercial Districts
(21A.33.030). The amendment would also clarify that drive-through facilities are only permitted
when specifically listed as permitted in the land use tables.
Lisa Shaffer (Jun 21, 2023 11:43 MDT)06/21/2023
06/21/2023
The proposed amendment is generally focused on aligning the land use tables with the stated
purpose of the CSHBD Sugar House Business District “to promote a walkable community with a
transit oriented, mixed use town center that can support a twenty-four (24) hour population.” The
proposal is also intended to align with city goals related to reducing automobile dependency,
improving air quality, and supporting the local economy. The amendment will not affect the ability
of existing businesses with drive-through facilities to continue their normal operations.
The Planning Commission considered the request at an April 26, 2023 public hearing and voted to
send a positive recommendation to the City Council based on staff’s proposed zoning ordinance
text.
PUBLIC PROCESS:
Community Council Notice: A notice of application was sent to the Sugar House Community
Council and Sugar House Chamber of Commerce on February 17, 2023, 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. Staff attended the Sugar House Community Council’s Land Use and Zoning
Committee Meeting on March 20, 2023. The 45-day public engagement period ended on April 3,
2023.
Public Open House: An online open house was held from February 17, 2023, to April 3, 2023.
Staff received comments from five Sugar House residents in favor of the proposal and one
comment from a nearby business owner opposed to the proposal. The Sugar House Community
Council sent a letter supporting restrictions on restaurant drive-throughs but opposing restrictions
on bank and pharmacy drive-throughs. This letter has been included as an exhibit. The Key
Considerations section of the staff report discusses the issues and concerns that were raised by the
public.
Planning Commission Meeting: The Planning Commission held a public hearing on April 26,
2023. The Planning Commission provided a positive recommendation to City Council on the
proposed amendment.
Planning Commission (PC) Records
a) PC Agenda of August 24, 2022 (Petition Initiation – Click to Access)
b) PC Minutes of August 24, 2022 (Petition Initiation – Click to Access)
c) PC Agenda of November 9, 2022 (Briefing – Click to Access)
d) PC Minutes of November 9, 2022 (Briefing – Click to Access)
e) PC Agenda of April 26, 2023 (Public Hearing – Click to Access)
f) PC Minutes of April 26, 2023 (Public Hearing – Click to Access)
g) Planning Commission Staff Report of April 26, 2023 (Click to Access Report)
EXHIBITS:
1) Project Chronology
2) Notice of City Council Public Hearing
3) Sugar House Community Council Letter (Submitted after publishing of staff report)
1
LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. _____ of 2023 2
3
(Amending the text of various sections of Title 21A of the Salt Lake City Code pertaining to 4
drive-through uses in the Sugar House Business District) 5
6
An ordinance amending the text of various sections of Title 21A of the Salt Lake City 7
Code pertaining to drive-through uses in the Sugar House Business District pursuant to Petition 8
No. PLNPCM2023-00026. 9
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a 10
public hearing on April 26, 2023 to consider a petition initiated by the Planning Commission 11
(Petition No. PLNPCM2023-00026) to amend Sections 21A.33.030 (Zoning: Land Use Tables: 12
Table of Permitted and Conditional Uses for Commercial Districts) and Section 21A.40.060 13
(Zoning: Accessory Uses, Buildings and Structures: Drive-Through Facility Regulations) of the 14
Salt Lake City Code to prohibit new drive-through uses in the Sugar House Business District 15
(CSHBD1 & CSHBD2) and to clarify that drive-through facilities are only permitted when 16
specifically listed as permitted in the land use tables; and 17
WHEREAS, at its April 26, 2023 meeting, the Planning Commission voted in favor of 18
transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said 19
petition; and 20
WHEREAS, after a public hearing on this matter, the City Council has determined that 21
adopting this ordinance is in the city’s best interests. 22
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 23
SECTION 1. Amending the Text of Salt Lake City Code Section 21A.33.030. That 24
Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted 25
and Conditional Uses for Commercial Districts) shall be, and hereby is amended to remove the 26
2
LEGISLATIVE DRAFT
permitted use designation corresponding to the column in that table pertaining to “CSHBD” and 27
the row in that table pertaining to “Financial institution with drive-through facility” use, which 28
row shall read and appear as follows: 29
Use Permitted And Conditional Uses By District
CN CB CS1 CC CSHBD1 CG SNB
Financial institution with drive-through facility P9 P9 P9 P9 P9
30
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That 31
Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted 32
and Conditional Uses for Commercial Districts) shall be, and hereby is amended to remove the 33
permitted use designation corresponding to the column in that table pertaining to “CSHBD” and 34
the row in that table pertaining to “Restaurant with drive-through facility” use, which row shall 35
read and appear as follows: 36
Use Permitted And Conditional Uses By District
CN CB CS1 CC CSHBD1 CG SNB
Restaurant with drive-through facility P9 P9 P9 P9 P9
37
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.030. That 38
Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted 39
and Conditional Uses for Commercial Districts) shall be, and hereby is amended to remove the 40
permitted use designation corresponding to the column in that table pertaining to “CSHBD” and 41
the row in that table pertaining to “Retail goods establishment” use, which rows shall read and 42
appear as follows: 43
Use Permitted And Conditional Uses By District
CN CB CS1 CC CSHBD1 CG SNB
3
LEGISLATIVE DRAFT
Retail goods establishment P P P P P P P
Plant and garden shop with outdoor retail sales area P P P P P P P
With drive-through facility P9 P9 P9 P9 P9
44
SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.030. That 45
Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted 46
and Conditional Uses for Commercial Districts) shall be, and hereby is amended to remove the 47
permitted use designation corresponding to the column in that table pertaining to “CSHBD” and 48
the row in that table pertaining to “Retail service establishment” use, which rows shall read and 49
appear as follows: 50
Use Permitted And Conditional Uses By District
CN CB CS1 CC CSHBD1 CG SNB
Retail service establishment P P P P P P P
Furniture repair shop C P P P P P
With drive-through facility P9 P9 P9 P9 P9
51
SECTION 5. Amending the Text of Salt Lake City Code Subsection 21A.40.060.B.2. 52
That Subsection 21A.40.060.B.2 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings 53
and Structures: Drive-Through Facility Regulations) shall be, and hereby is amended as follows: 54
2. Drive-through facilities may be authorized as accessory uses to permitted uses or 55
conditional uses as when listed on the tables of permitted and conditional uses set forth in 56
part III of this title, specific district regulations for residential, commercial, 57
manufacturing, downtown, gateway, and special purpose districts when developed in 58
accordance with the standards of this section. 59
60
SECTION 6. Effective Date. This Ordinance shall become effective on the date of its 61
first publication. 62
63
4
LEGISLATIVE DRAFT
Passed by the City Council of Salt Lake City, Utah, this ___ day of ____________, 2023. 64
______________________________ 65
CHAIRPERSON 66
ATTEST AND COUNTERSIGN: 67
68
______________________________ 69
CITY RECORDER 70
71
Transmitted to Mayor on _______________________. 72
73
74
Mayor’s Action: _______Approved. _______Vetoed. 75
76
______________________________ 77
MAYOR 78
______________________________ 79
CITY RECORDER 80
(SEAL) 81
82
Bill No. ________ of 2023. 83
Published: ______________. 84
Ordinance amending text regulating drive throughs in Sugar House (legislative) 85
86
87
88
1
SALT LAKE CITY ORDINANCE
No. _____ of 2023
(Amending the text of various sections of Title 21A of the Salt Lake City Code pertaining to
drive-through uses in the Sugar House Business District)
An ordinance amending the text of various sections of Title 21A of the Salt Lake City
Code pertaining to drive-through uses in the Sugar House Business District pursuant to Petition
No. PLNPCM2023-00026.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on April 26, 2023 to consider a petition initiated by the Planning Commission
(Petition No. PLNPCM2023-00026) to amend Sections 21A.33.030 (Zoning: Land Use Tables:
Table of Permitted and Conditional Uses for Commercial Districts) and Section 21A.40.060
(Zoning: Accessory Uses, Buildings and Structures: Drive-Through Facility Regulations) of the
Salt Lake City Code to prohibit new drive-through uses in the Sugar House Business District
(CSHBD1 & CSHBD2) and to clarify that drive-through facilities are only permitted when
specifically listed as permitted in the land use tables; and
WHEREAS, at its April 26, 2023 meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the Salt Lake City Council (“City Council”) on said
petition; 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 Text of Salt Lake City Code Section 21A.33.030. That
Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted
and Conditional Uses for Commercial Districts) shall be, and hereby is amended to remove the
2
permitted use designation corresponding to the column in that table pertaining to “CSHBD” and
the row in that table pertaining to “Financial institution with drive-through facility” use, which
row shall read and appear as follows:
Use Permitted And Conditional Uses By District
CN CB CS1 CC CSHBD1 CG SNB
Financial institution with drive-through facility P9 P9 P9 P9
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That
Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted
and Conditional Uses for Commercial Districts) shall be, and hereby is amended to remove the
permitted use designation corresponding to the column in that table pertaining to “CSHBD” and
the row in that table pertaining to “Restaurant with drive-through facility” use, which row shall
read and appear as follows:
Use Permitted And Conditional Uses By District
CN CB CS1 CC CSHBD1 CG SNB
Restaurant with drive-through facility P9 P9 P9 P9
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.030. That
Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted
and Conditional Uses for Commercial Districts) shall be, and hereby is amended to remove the
permitted use designation corresponding to the column in that table pertaining to “CSHBD” and
the row in that table pertaining to “Retail goods establishment” use, which rows shall read and
appear as follows:
Use Permitted And Conditional Uses By District
CN CB CS1 CC CSHBD1 CG SNB
3
Retail goods establishment P P P P P P P
Plant and garden shop with outdoor retail sales area P P P P P P P
With drive-through facility P9 P9 P9 P9
SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.030. That
Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted
and Conditional Uses for Commercial Districts) shall be, and hereby is amended to remove the
permitted use designation corresponding to the column in that table pertaining to “CSHBD” and
the row in that table pertaining to “Retail service establishment” use, which rows shall read and
appear as follows:
Use Permitted And Conditional Uses By District
CN CB CS1 CC CSHBD1 CG SNB
Retail service establishment P P P P P P P
Furniture repair shop C P P P P P
With drive-through facility P9 P9 P9 P9
SECTION 5. Amending the Text of Salt Lake City Code Subsection 21A.40.060.B.2.
That Subsection 21A.40.060.B.2 of the Salt Lake City Code (Zoning: Accessory Uses, Buildings
and Structures: Drive-Through Facility Regulations) shall be, and hereby is amended as follows:
2. Drive-through facilities may be authorized when listed on the tables of permitted and
conditional uses set forth in part III of this title, specific district regulations for
residential, commercial, manufacturing, downtown, gateway, and special purpose
districts when developed in accordance with the standards of this section.
SECTION 6. Effective Date. This Ordinance shall become effective on the date of its
first publication.
4
Passed by the City Council of Salt Lake City, Utah, this ___ day of ____________, 2023.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2023.
Published: ______________.
Ordinance amending text regulating drive throughs in Sugar House (final)
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
June 9, 2023
1. PROJECT
CHRONOLOGY
Project Chronology
Petition: PLNPCM2023-00026
August 24, 2022
January 26, 2023
February 17, 2023
February 17, 2023
March 1, 2023
March 20, 2023
April 14, 2023
April 26, 2023
June 9, 2023
Planning Commission voted to initiate the petition.
Petition assigned to Andy Hulka, Principal Planner.
Petition posted to the Planning Division’s Online Open House
webpage (Public comment period ended April 3, 2023).
Notice emailed to the Sugar House Community Council and Sugar
House Chamber of Commerce.
Property owners and tenants within the CSHBD1 and CSHBD2
boundaries were mailed an early notification of the proposal.
Staff presented the proposed changes to the Sugar House Community
Council’s Land Use and Zoning Committee.
Planning Commission agenda posted on City and State websites.
Planning Commission meeting and public hearing. The Commission
voted 10-1 to send a positive recommendation to the City Council.
Signed ordinance received from City Attorney’s Office.
2. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF CITY COUNCIL HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00026 – The Salt Lake City Planning
Commission initiated a petition to amend the zoning ordinance to prohibit new drive-through uses in the
Sugar House Business District (CSHBD1 & CSHBD2). Drive-through facilities for financial institutions,
restaurants, retail goods and retail service establishments are currently permitted uses in the Sugar House
Business District. The proposed text amendment would prohibit new drive-through facilities in the district
by removing the permitted use designations for all drive-through facilities under CSHBD1 and CSHBD2
in the Table of Permitted and Conditional Uses for Commercial Districts (21A.33.030). The amendment
would also clarify that drive-through facilities are only permitted when specifically listed as permitted in
the land use tables. (Staff Contact: Andy Hulka at 801-535-6608 or andy.hulka@slcgov.com).
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:
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 Andy Hulka
at 801-535-6608 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
or via e-mail at andy.hulka@slcgov.com. The application details can be accessed at
https://citizenportal.slcgov.com/, by selecting the “Planning” tab and entering the petition number
PLNPCM2023-00026.
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.
3. SUGAR HOUSE
COMMUNITY COUNCIL
LETTER