Transmittal - 5/9/2024ERIN 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: _________________ ________________________
Jill Love, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE: 05/08/24
Victoria Petro, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: PLNPCM2023-00986 Planning and Historic Landmark Commission Membership &
Appeals Hearing Officer Term Limit Text Amendment
STAFF CONTACT: Olivia Cvetko | Principal Planner
Olivia.Cvetko@slcgov.com | 801-535-7285
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The City Council adopt the zoning text amendments as recommended
by the Planning Commission with added text stating that the Planning Director can act as an ex
officio member of the Historic Landmark Commission
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: Salt Lake City initiated this petition to amend sections of the
Salt Lake City Zoning Ordinance relating to the minimum required members of the Planning
Commission and the Historic Landmark Commission, and the term limits for Appeals Hearing
Officers. The proposed amendments were intended to eliminate the minimum required number
of commissioners for both the Planning Commission and Historic Landmark Commission so that
if there is a sudden exit of commissioners, both land use authorities would be able to conduct city
business.
Jill Love (May 9, 2024 09:16 MDT)
Jill Love 05/09/2024
05/09/2024
Additionally, this amendment removes the language stating that the appeals hearing officer can
serve no more than two (2) consecutive five-year terms. These are appointed positions and if the
Mayor and City Council find that an Appeals Hearing Officer is familiar with city statues and
making sound decisions, there should be an avenue to keep them appointed. This amendment
will affect chapter 21A.06 Decision Making Bodies and Officials.
On March 7, 2024 the Historic Landmark Commission reviewed the proposal and recommended
establishing a new minimum of five (5) Historic Landmark Commissioners and Planning
Commissioners. Planning Commission agreed with this recommendation and provided a positive
recommendation to the City Council on March 13, 2024. Additionally, staff identified the
following language: “The Director of the Planning Division (or the Planning Director’s
designated representative) shall serve as an ex officio member without vote” needs to be added
to the Historic Landmark Commission section of the zoning ordinance. This language already
exists for the Planning Commission.
The ordinance within this transmittal reflects the Historic Landmark Commission/ Planning
Commission recommendation as well as the new language allowing the Planning Director to
serve as an ex officio member.
PUBLIC PROCESS:
The following is a list of public meetings that have been held, and other public input
opportunities, related to the proposed project since the application was initiated:
•December 26, 2023 – An online open house posted to the Planning Division’s website.
•February 28, 2024 – Public notices posted at the following locations:
o Salt Lake City Public Library – Main Branch
o Salt Lake City Public Library – Marmalade Branch
o Salt Lake City Public Library – Chapman Branch
•March 7, 2024 – Historic Landmark Commission held a public hearing. One member of
the public spoke to agree with a five (5) commissioner minimum to allow for an
appropriate mix of skills and opinions.
•March 13, 2024 – Planning Commission held a public hearing. One member of the public
spoke to agree with a five (5) commissioner minimum to allow for an appropriate mix of
skills and opinions.
Planning Commission (PC) Records
a)PC Agenda of March 13, 2024 (Click to Access)
b)PC Minutes of March 13, 2024 (Click to Access)
c)Planning Commission Staff Report of March 13, 2024 (Click to Access Report)
EXHIBITS:
1)Ordinance
2)Project Chronology
3)Notice of City Council Public Hearing
4)Petition Initiation Request
1.ORDINANCE
1
SALT LAKE CITY ORDINANCE
No. _____ of 2024
(Amending various sections of Title 21A of the Salt Lake City Code
pertaining to the membership and term length of zoning decision-making bodies)
An ordinance amending the text of various sections of Title 21A of the Salt Lake City
Code pertaining to the membership and term length of zoning decision-making bodies pursuant
to Petition No. PLNPCM2023-00986.
WHEREAS, on March 13, 2024, the Salt Lake City Planning Commission (“Planning
Commission”) held a public hearing on a petition to amend Salt Lake City’s land use regulations
pertaining to the membership and term length of zoning decision-making bodies pursuant to
Petition No. PLNPCM2023-00986; and
WHEREAS, at its March 13, 2024 meeting, the Planning Commission voted in favor of
forwarding 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 Subsection 21A.06.030.D. That Subsection
21A.06.030.D of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
Planning Commission: Membership), shall be amended as follows:
21A.06.030: PLANNING COMMISSION:
D. Membership: The Planning Commission shall consist of least five (5) and up to eleven
(11) voting members, appointed from among qualified electors of the City in a manner providing
balanced geographic, professional, neighborhood and community interests representation.
2
1. The Director of the Planning Division (or the Planning Director's designated
representative) shall serve as an ex officio member without vote.
2. Appointment to a position created by any vacancy shall not be included in the
determination of any person's eligibility to serve two (2) consecutive full terms.
SECTION 2. Amending the Text of Subsection 21A.060.040.C. That Subsection
21A.06.040.C of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
Appeals Hearing Officer: Qualifications), shall be amended as follows:
21A.06.040: APPEALS HEARING OFFICER:
C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the
advice and consent of the city council. The mayor may appoint more than one appeals hearing
officer, but only one appeals hearing officer shall consider and decide upon any matter properly
presented for appeals hearing officer review. The appeals hearing officer shall be appointed to a
term of five (5) years and may serve continuous consecutive terms upon reappointment. The
appeals hearing officer shall either be law trained or have significant experience with land use
laws and the requirements and operations of administrative hearing processes.
SECTION 3. Amending the Text of Subsection 21A.060.050.D. That Subsection
21A.06.050.D of the Salt Lake City Code (Zoning: Decision Making Bodies and Officials:
Historic Landmark Commission: Membership), shall be amended as follows:
21A.06.050: HISTORIC LANDMARK COMMISSION:
D. Membership: The historic landmark commission shall consist of at least five (5) and up to
eleven (11) voting members appointed in a manner providing balanced geographic, professional,
neighborhood and community interests representation.
1. The planning director (or the planning director’s designated representative) shall
serve as an ex officio member without vote.
2. Appointment to a position created by any vacancy shall not be included in the
determination of any person's eligibility to serve two (2) consecutive full terms.
SECTION 4. Effective Date. This ordinance shall become effective on the date of its
first publication.
3
Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________,
2024.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2024.
Published: ______________.
Ordinance changing PC and HLC body size and
AHO term length (final)v2
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
April 26, 2024
2.PROJECT
CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00986
Dec. 6 2023 Mayor Mendenhall initiated a zoning text amendment petition to amend the
minimum number of required member on the Historic Landmark and Planning
Commission and remove the term limits for the Appeals Hearing Officer.
Dec. 11 2023 Petition PLNPCM2023-00986 assigned to Olivia Cvetko, Principal Planner.
Dec. 26 2023 An online open house posted to the Planning Division’s website.
Feb. 28 2024 Planning Staff posted public notices at three public library locations.
March 7 2024 The Historic Landmark Commission held a public hearing for the petition and
voted to recommend the Planning Commission forward a positive
recommendation to the City Council.
March 13 2024 The Planning Commission held a public hearing for the petition and voted to
recommend the City Council adopt the proposed zoning text amendments.
March 27 2024 The Planning Commission ratifies the minutes for their meeting on January 24,
2024.
April 12 2024 Draft ordinance requested from the City Attorney’s Office.
April 26 2024 Draft ordinances received from the City Attorney’s Office
3.NOTICE OF CITY
COUNCIL PUBLIC
HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2023-00986 Salt Lake City is
requesting to amend sections of the Salt Lake City Zoning Ordinance relating to the
minimum required members of the Planning Commission and the Historic Landmark
Commission, and the term limits for Appeals Hearing Officers. This amendment also
removes the language stating that the appeals hearing officer can serve no more than two (2)
consecutive five-year terms. This amendment will affect chapter 21A.06 Decision Making
Bodies and Officials.
As part of their study, the City Council is holding an advertised public hearing to receive
comments regarding the petition. During this 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 on the same night of the public hearing. The hearing will be
held in person and electronically:
DATE:
TIME:
PLACE: 451 South State Street Salt Lake City, Utah
** This meeting will be held in-person, 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, please visit www.slc.gov/council. 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
Olivia Cvetko at 801-535-7285 or via e-mail at Olivia.cvetko@slcgov.com. The application
details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab
and entering the petition number PLNPCM2023-00986
The City and County Building is an accessible facility. People with disabilities may make
requests for reasonable accommodation no later than 48 hours in advance in order to
participate in this hearing. Please make requests at least two business days in advance. To
make a request, please contact the City Council Office at council.comments@slcgov.com ,
801-535-7600, or relay service 711.
4.PETITION INITIATION
REQUEST