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Council Provided Information - 10/17/2023CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer Policy Analyst DATE:October 17, 2023 RE: Text Amendment Related to Maximum Height in the M-1 District PLNPCM2023-00282 BRIEFING UPDATE During the briefing, Council Members asked about containment facilities for bulk products. Planning staff stated these are regulated by the Utah Department of Environmental Quality which requires above ground storage to have capture and containment facilities to capture the full contents of the contents. They explained additional height is required for equipment to ensure product does not escape and moisture does not enter during transfer between the structure and railcar. There was a discussion about measuring the area where structures with additional height would be allowed from the right-of-way edge rather than the freeway center line. Planning explained the freeway width varies and measuring from the right-of-way edge is more potentially more consistent with buffers and property lines. A Council Member noted this will allow a railyard to be moved which will benefit the west side community. The following information was provided for the October 17, 2023 Council briefing and public hearing. It is included again for background purposes. The Council will be briefed about a proposal initiated by the Salt Lake Garfield and Western Railway Company to amend the zoning ordinance related to maximum height in the M-1 Light Manufacturing District. The proposal would allow bulk material storage structures associated with a railroad freight terminal up to 150 feet high to be constructed west of 5600 West, and within the area between 100 feet and 1,000 feet south of Interstate 80, in the Utah Inland Port jurisdiction. Item Schedule: Briefing: October 3, 2023 Set Date: October 3, 2023 Public Hearing: October 17, 2023 Potential Action: November 7, 2023 Page | 2 The proposal includes some exceptions: •At the request of Salt Lake City International Airport staff, structures located between 5600 West and John Glenn Road shall not exceed an elevation of 4,378.8 Mean Sea Level (MSL). •To help mitigate potential visual impact, structures taller than 85 feet are limited to 100 feet in diameter. Groups of these structures may be permitted if the combined width including space between structures is less than 200 feet. These structures or groups of structures are to be separated by a distance equal to or greater than two times the height. This is illustrated in the diagram below provided by the City Planning Division. Image courtesy of Salt Lake City Planning Division The current maximum structure height in the M-1 district is 65 feet, with some exceptions. •West of the Salt Lake City International Airport and north of Interstate 80, buildings may exceed 65 feet (through design review) but may not exceed 85 feet. •Cranes, lifts, and other similar offloading structures related to railroad freight terminal operations are allowed up to 85 feet, subject to Airport Flight Path Protection (AFPP) Overlay District and Federal Aviation Administration (FAA) requirements. •Emission free distillation column structures necessary for manufacturing are permitted up to 120 feet. Planning staff recommended the Planning Commission forward a positive recommendation to the City Council for the proposed text amendment. The Commission reviewed the proposal at its August 9, 2023 meeting and held a public hearing at which one person from a nearby business spoke expressing concerns with potential fugitive dust from bulk material structures. The proposed height of structures adjacent to 5600 West was also a concern. The petitioner responded saying they have dust containment equipment at their facilities throughout the country to prevent environmental impact and product loss. The petitioner further expressed a willingness to work with the commenter to help mitigate concerns with potential location of the bulk materials structures. Commissioners discussed buffer requirements from the freeway ramps and felt the distance bulk material structures would be from the freeway, and how much higher the freeway and ramps are, would mitigate visual impact concerns expressed during the public hearing. Page | 3 Commissioners voted 7-0 (with one Commissioner recused) to forward a positive recommendation to the City Council with a recommended modification to include language that the area between 5600 West and John Glenn Road be measured from the lower of the airport runway elevation and the site elevation. The ordinance includes language specifying maximum elevation of structures in this area. Goal of the briefing: Review the proposed text amendment, determine if the Council supports moving forward with the proposal. With the support of the Council Chair and Vice chair, staff worked with the Recorder’s Office to get the public hearing scheduled for October 17. POLICY QUESTION 1. The Council may wish to discuss impacts the proposed text amendment may have and whether requirements in the ordinance will sufficiently mitigate them. KEY CONSIDERATIONS Planning staff identified three key considerations related to the proposal which are found on pages 4-7 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1 - Compatibility with City Goals, Policies, and General Plans Planning staff found the proposed text amendment supports principles found in Plan Salt Lake and the Northwest Quadrant Master Plan which encourage industrial development in the city with a caution that growth should be focused on major transportation corridors and directed away from natural areas. The proposal is limited to the area immediately south of Interstate 80 which is already developed and outside of the natural and buffer areas. Consideration 2 – Impact Analysis Traffic Impact The proposed text amendment would allow additional height for some structures located west of 5600 West, and within an area between 100 feet and 1000 feet south of Interstate 80. Planning staff found that this is consistent with the Northwest Quadrant Master Plan which encourages “industrial and manufacturing uses adjacent to I-80 and around the intermodal rail facility.” Planning supports the location exception approach to minimize impacts of large truck traffic by keeping them close to the interstate. Visual Impact As noted and illustrated above, requirements for the size and spacing grouping of structures are intended to reduce their visual impact to the area. Without these requirements it would be possible to construct a “wall” of 150-foot-tall structures. Planning staff is supportive of the proposed location limitations, and requirements to reduce visual impacts on the area. Consideration 3-Use Analysis M-1 zoning allows a broad range of uses such as chemical manufacturing, hotels/motels, food processing, warehouses, and laboratories, among others. Because of this, the proposed height exception would apply to a specific type of structure that meets the petitioner’s request and is consistent with planning goals. The proposed text amendment is intentionally narrow in its focus on “bulk material storage structures Page | 4 associated with a railroad freight terminal” to avoid unforeseen impacts that might arise if used in other industrial uses and at a larger scale. Railroad freight terminals are a conditional use in the M-1 zoning district. As such, new bulk material storage structures at these terminals would require Planning Commission approval. Concerns about negative impacts can be addressed with appropriate conditions. The proposed locations are also within the Inland Port Overlay District, and new conditional uses within this area are required to provide mitigation plans that address traffic, stormwater and sewer impacts, water use, estimated energy consumption, and an emergency response plan. Coal, crude oil, and other similar products are required to be stored in enclosed buildings away from sensitive lands, residential districts, and the state prison. These requirements would apply to bulk storage facilities affected by the proposed amendment. In addition, a new bulk storage facility that is anticipated to become a source of air pollution must comply with air pollution control standards in City Code. ZONING TEXT AMENDMENT STANDARDS Planning staff reviewed the proposed text amendment against the following criteria City Code says the City Council should consider. Please see Attachment B (pages 10-11) of the Planning Commission staff report for additional information. Factor Finding Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of the City as stated through its various adopted planning documents. Complies Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance. Complies A proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. Complies The extent to which a proposed text amendment implements the best current, professional practices of urban planning and design. Complies PROJECT CHRONOLOGY • April 25, 2023-Petition submitted to Planning Division, and assigned to Andy Hulka, Principal Planner. • May 16, 2023- o Notice emailed to Poplar Grove Community Council. o Early notification mailed to property owners and tenants within 300 feet of the affected area. Page | 5 • May 22, 2023-Petition posted to the Planning Division’s online open house webpage (public comment period ended June 30, 2023). • July 28, 2023- o Planning Commission agenda posted to City and State websites. o Public hearing notice mailed to property owners and tenants within 300 feet of the affected area. • August 9, 2023-Planning Commission meeting and public hearing. The Planning Commission voted 7-0, with one abstaining, to forward a positive recommendation to the City Council. • August 20, 2023-Draft ordinance sent to Attorney’s Office. • September 14, 2023-Planning received signed ordinance from the Attorney’s Office. • September 20, 2023-Transmittal received in City Council Office.