The URL can be used to link to this page

Home My WebLink AboutTransmittal - 5/9/2024ERIN MENDENHALL Mayor DEPARTMENT of COMMUNITY and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL V Love JIII Love (May %3014 09.16 MDT) Jill Love, Chief Administrative Officer TO: Salt Lake City Council Victoria Petro, Chair Date Received: 05/09/2024 Date sent to Council: 05/09/2024 DATE: 05/08/24 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 I Principal Planner Olivia.Cvetko@slcgov.com 1 801-535-7285 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. SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.623o FAX 801.535.6005 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 SALT LAKE CITY ORDINANCE No. of 2024 (Amending various sections of Title 2 1 A 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 2 1 A 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.06.030.1) 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. 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. Amendinjz the Text of Subsection 21A.060.040.C. That Subsection 21A.06.040.0 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. 2 Passed by the City Council of Salt Lake City, Utah, this 2024. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. CITY RECORDER (SEAL) Bill No. of 2024. Published: Ordinance changing PC and HLC body size and AHO term length (final)Q MAYOR day of , APPROVED AS TO FORM Salt Lake City Attorney's Office Date: %April 26, 2024 By: Katherine D. Pasker, Senior City Attorney 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. 112023 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. cvetkokslcgov. com. The application details can be accessed at https:Hcitizenportal.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 M DEMEMORANDUM T� '10 btryw Enn MCMMwL Ge PaebdOim4�9A2 datrVvooa, LLpvnimofC®mmryadNupphitlmlatim�m', Ntl:Nne. P.wivRama .wed M.h.daoHm.Daw.nm�Dawwe7K0 Dan: D®hn'aa¢a x mean.nor'mm�mdwewro-aemaaamommn,m�m�,unaravmwmrs,�awww am®g.manmmstmannk�ww�amd=arnmm w®n �axmmmo�,a dha Nu to DiHvonlstequeswglhstyouwitinlenpetiban WneW�gWe PNwni mad Wh tiaa m adagio& oadwua ideae it atiPWmea We membership nww� o r lud mwmwdu for dolnn ng Planning Cmnmiumn ib We Hemne Wdnmh Gmnticuon. The rtquu[ also mvlutlu tlekti� Wetnmlimflatar Apcenlc Hemmg Ofirert. TheahalimnWrs: • mfq andomuimom ofn PCmembm w ofymaln meximuw ofit NLC munbers The pepmdiamdam, tbe mwmommmtrrebiP Tmnueun oull ndwt ism Nataaa Wt wehmouetions, aPnledmimatwm, Weeummisimuan still adorn 6uaumeud mu4e mnanaednmaam. WiW regard to Appmis Fleomn O and Near edema; nn eo]e atiPWoes Wv Appmla Hemiog Mcen tam only be cumin dIn two hmn. dub tam INM ImmoodW five de an. Ilanowd at term limiswould allmv We nn to remin Appals Hearing o Wal are Iambat vndi om mdiwnai pmacas, mid fume aemonstmtod annual amount makwg. OffirersLave ItlsmnnlW Izen Lma ua. attamrya m"Ime wAh administrative In, Pmaiaaea, Ne mmmipl Imd t!a R ,j nt Mannanent Am IMLUDbW,uN land use law. A lmt of We Pm , We Hawing Pwi,m and lbw Ne Qv adoloom Pvmss be zmLng new atondmenm, iniebModes odium moot and pubtebeaings ida We Historic WWmaek Cmmdmion, Plnnnwg Cammiaamt and City C all, Qwugawi] he made to Trde 2v Zoi ng oadumnm bnmWeeebevtea adLn We mty add mar also In doodled skbobfiedasnemasu¢ naiamnno includeanamoazis Wnot mwmtea"beadonrfamtwdred®dalwn remain emaIf Noto,wdrotoo at a5=,l Rnoramate.WeativLNI n, co, Iv,mloveadaw vgeanow.nok. Pleaa ronueuueut3fi5'W53ttonwdwln okvrvlslam�oo Jwuhaceeny quatians.nimk you Coy-+r^u^H�'m(.fenre�m ininme the zoning teemoe [uendmentWilson no ml ubow. 4ri Hem M{ eredeuhdl,Mnyoa Gate �r�