HomeMy WebLinkAboutTransmittal - 5/23/2024ERIN MENDENHALL
Mayor
DEPARTMENT of COMMUNITY
and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
,7iCG Love
JIII Love (May 23, 2024 1621 MDT(
Jill Love, Chief Administrative Officer
TO: Salt Lake City Council
Victoria Petro, Chair
Date Received: 05/23/2024
Date sent to Council: 05/23/2024
DATE: 05/23/24
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
SUBJECT: Petition PLNPCM2023-00260 City-wide Text Amendment for Gas Station Standards
STAFF CONTACT: Diana Martinez, Senior Planner
(801) 535-7215 or diana.martinezkslc o
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The City Council should follow the Planning Commission's recommendations
and approve the petitions for a zoning text amendment.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION:
Mayor Erin Mendenhall has initiated a petition to amend the zoning ordinance to require minimum
distances that new gas stations can be from a river, stream, or other water body, a park, or open space area
over a certain size and establish more stringent zoning standards for any gas station that is located in the
secondary groundwater recharge area of the city.
The proposed text amendment would prohibit new gas stations that do not meet the proposed standards
regardless of whether they are permitted or conditioned land use in an allowable zoning district.
Existing gas stations could replace and/or upgrade fuel equipment and tanks without complying with
these new regulations as long as the new equipment is in the same location as the original
equipment/tank(s). Section D of the proposed ordinance addresses replacement, reconstruction, and any
modifications existing gas stations may request.
PUBLIC PROCESS:
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
• Notification—
o Early notification of the proposal was sent to all City Community Councils on July 10,
2023.
o November 9, 2023- Notice of the proposed text amendment was sent to every owner of a
gas station in Salt Lake City.
o December 29, 2023- Notice of the public hearing for the Planning Commission meeting
of January 10, 2024- notice signs posted at six city libraries: SLC Main Library,
Chapman Branch Library, Sprague Branch Library, Day -Riverside Branch Library,
Glendale Branch Library, and Anderson -Foothill Branch Library.
• Planning Commission Meeting —
On January 10, 2023, the Planning Commission held a public hearing regarding the proposed text
amendment. The Commission tabled the item so that the Planning staff could work with the
stakeholders from the gas station industry, who had given comments on the amendment, review
the EV requirement section again, and consider where this ordinance would be most applicable
and appropriate within the city.
• Notification for the April 10, 2024 Meeting-
o Public notice posted on City and State websites and Planning Division list serve — April
5, 2024.
• Planning Commission Meeting -
On April 10, 2024, the Planning Commission held a public hearing regarding the proposed text
amendment. The Planning Commission voted 6-0 to send a favorable recommendation for the
petition to the City Council.
PLANNING RECORDS:
a) PC Agenda of January 10, 2023, meeting (Click Here)
b) PC Minutes of January 10, 2023, meeting (Click Here)
c) PC Staff Report of January 10, 2023, meeting (Click Here)
d) PC YouTube Video of the January 10, 2023, meeting (Click Here)
e) PC Agenda of April 10, 2024, meeting (Click Here)
f) PC Minutes of April 10, 2024, meeting (Click Here)
g) PC Staff Report/Memo of April 10, 2024, meeting (Click Here)
h) PC YouTube Video of April 10, 2024, meeting (Click Here)
EXHIBITS:
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. ORIGINAL PETITION
4. ORDINANCE
TABLE OF CONTENTS
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. ORIGINAL PETITION
4. ORDINANCE
1. PROJECT CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2023-00260 City-wide text amendment
April 11, 2023, Petition for the text amendment was received by the Salt Lake City
Planning Division.
April 12, 2023 Petition assigned to Diana Martinez, Senior Planner, for staff
analysis and processing.
July 10, 2023 Information about the proposal was sent to the all -City Community
Council Chairs to solicit public comments and start the 45-day
Recognized Organization input and comment period.
August 21, 2023 The 45-day public comment period for Recognized Organizations
ended.
November 9, 2023 Notice to sent to all gas station owners within Salt Lake City, regarding
the proposed text amendment.
December 29, 2023 Public hearing notice sign with project information and notice of the
Planning Commission public hearing physically posted at six city
libraries: SLC Main Library, Chapman Branch Library, Sprague
Branch Library, Day -Riverside Branch Library, Glendale Branch
Library, and Anderson -Foothill Branch Library.
January 5, 2024 Public notice posted on City and State websites and sent via the
Planning list serve for the Planning Commission meeting of
January 10, 2023. Public hearing notice mailed.
January 10, 2024 The Planning Commission held a Public Hearing January 10, 2023.
By a vote of 7-1, the Planning Commission voted to table the proposed
Text Amendment for planning staff to go back and make changes.
April 5, 2024 Public notice posted on City and State websites and sent via the
Planning list serve for the Planning Commission meeting of
April 10, 2023. Public hearing notice mailed.
April 10, 2024 The Planning Commission held a Public Hearing on April 10, 2024.
By a vote of 6-0, the Planning Commission voted to send a favorable
recommendation for the zoning map amendment petition to the City Council.
2. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF CITY COUNCIL HEARING
The Salt Lake City Council is considering Petitions PLNPCM2023-00260:
Mayor Erin Mendenhall has initiated a petition to amend the zoning ordinance to propose
minimum distances that any gas station can be from a river, stream, or other water body, a
park, or open space area over a certain size and establish more stringent zoning standards
for any gas station that is located in the secondary groundwater recharge area of the city.
The proposed text amendment would prohibit gas stations that do not meet the proposed
standards regardless of whether they are permitted or conditioned land use in an allowable
zoning district. The Ordinance under section 21A.36.120 will list the proposed standards,
"Standards for Gas Stations and Facilities with Underground and Above -Ground Fuel
Storage Tanks."
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: 451 South State Street, Room 326, 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 Diana
Martinez at 801-535-7215 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
or via e-mail at diana.martinezkslcgov.com. The application details can be accessed at
https:Hcitizenportal.slcgov.com/, by selecting the "planning" tab and entering the petition
number PLNPCM2023-00260.
People with disabilities may make requests for reasonable accommodation, which may include
aids and services. Please make requests at least advance. To make a request, please contact the
City Council Office at council.comments(c-r�,slc og v.com, 801-535-7600, or relay service 711.
3.ORIGINAL PETITION
-L9 MEMORANDUM
PLANNINGDIVLSION
DEPARTMEPTl' of COMMUNITY mid NEIGHBORHOODS
To: Mayor Erin Mendenhall
Cc: Lisa Shaffer, ChiefAdm nistratiw Officer; Blake Thomas, Department of Community and
Neighborhoods Director; Miichada Olday, Deputy Planning Director
From: Nick Norris, Planning Director
Date: April 10, 2023
Re: Amendments related to gas stations located near water sources and sensitise lands
The Planning Division is requesting that you initiate a zoning text amendment to analyze the zoning
districts where gas stations are allowed in the city and prohibit the use when in close proximity to
water bodies, water resources, ground water recharge areas, and public parks. This action is
necessary to further the legitimate government interest in protecting rivers, creeks, streams and
other water bodies in the city and increasing the protection of the ground water protection areas. This
action will also further the role that parks and open spaces provide in creating large areas where
ground water can be recharged.
This proposal will propose minimum distances that any gas station can be from a river, stream, or
other water body, a park or open space area over a certain size, and establish more stringent zoning
standards for any gas station that is located in the secondary ground water recharge area of the city.
Determining the minimum separation and standards will be coordinated with Public Utilities to
ensure that best practices for managing water impacts from gas stations can be included in the city s
zoning code.
The public process will include a minimum 45-day public input period before the Planning
Commission holds a public hearing. All registered recognized organizations will be notified of the
proposal.
This memo includes a signature block to initiate the petition if that is the decided course of action. If
the decided course of action is to not initiate the application, the signature block can remain blank
Please notify the Planning Division when the memo is signed or if the decision is made to not initiate
the petition.
Please contact me at ext. 6173 or nicknorrisoslcgov.com if you have any questions. Thank you.
Concurrence to initiate the zoning text amendment petition as noted above.
Erin a —hall )Ap, 11, Zon 10:33 MDT)
Erin MendeiduiH, Mayor
SALT LAIIM CFTY CORPORATION
451 SOUTH STATE STREET, ROOM 406
PO BOX 145480 SALT LAKE CnY, UT 8411454M
04/11/2023
Date
W W W.SLC.GOV
TEL 801-636-7757 FAX 801-5.35-6174
4. ORDINANCE
Project Title: Gas Stations Located Near Water Sources
And Sensitive Lands Text Amendment
Petition No.: PLNPCM2023-00260
Version: 1
Date Prepared: May 4, 2024
Planning Commission Action: Recommended 4/10/2024
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date: May 4, 2024
By:
Katherine D. Pasker, Senior City Attorney
This proposed ordinance makes the following amendments to Title 21A. Zoning:
• Deletes the current gas station standards (Section 21A.40.070);
• Adopts new gas station standards to impose a distance requirement between gas stations
and bodies of water as well as new standards related to lot size, vehicle stacking, electric
vehicle parking, screening, and the location of aboveground and underground storage
tanks.
Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made as
part of the Planning Commission recommendation are highlighted in yellow. All other text is
existing with no proposed change.
1 1. Adopts a new Section 21A.36.120 as follows:
2 21A.36.120: RESERVED: REGULATIONS FOR GAS STATIONS AND FUEL
3 DISPENSING FACILITIES WITH UNDERGROUND AND/OR ABOVE -GROUND
4 FUELD STORAGE TANKS
5 Gas Stations and Accessory Uses that have fuel tanks on -site, such as Truck Stops, Fuel
6 Distributors, and Storage uses, as defined in Chapter 21A.62 of this title, shall be allowed in
7 zoning districts provided in Chapter 21A.33 "Land Use Tables", and are subject to the
8 provisions of this section.
9 A. General Standards:
10 1. All fuel dispensers and fuel storage tanks (above or underground) shall comply
11 with the requirements of this section and all other applicable regulations, including
12 the applicable reference standards and any other applicable regulations of the State of
13 Utah and Federal regulators. In case of conflicting provisions in any of the above-
14 listed rules, the strictest restrictions shall apply.
15 2. Distance from water bodies: All underground and above -ground fuel storage tanks
16 and gas vents shall be a minimum of 350 feet from any existing water bodies (pond,
17 river, stream, canal, etc.), water resources, public parks or open space -that are one
18 acre and greater in size.
19 3. Distance from property lines: All underground and above -ground fuel storage
20 tanks and gas vents shall be a minimum of 30 feet from any grope . line.
21 4. Associated pump islands shall be a minimum of 25 feet from any_property line
22 and adjacent buildings.
23 5. Fuel vents: When a canopy is provided, ,gas vents shall be located at the top of the
24 gas pump canoe
25 6. New underground fuel storage tanks: All new and replacement fuel storage tanks
26 put underground shall be constructed of non -corrodible material or designed to
27 prevent the release or threatened release of any stored fuel to ensure greater durability
28 and lifespan.
29 7. Leak or surface -runoff contamination: If contamination occurs, the property
30 owner shall be accountable for any cleanup and remediation of the subject property,
31 any Cityproperty, and any downstream water or soil contamination.
32 8. Nonconforming status: Fuel tanks and pumps that are unused or out of service for
33 one year or more shall be considered willfully abandoned and will not be eligible
34 nonconforming status. The use shall not be restored unless it is restored to comply
35 with the standards of this section and all other applicable sections in this title.
36 B. Additional Standards for Gas Stations:
37 1. Minimum Lot size: 30,000 square feet. A gas station may be located on a lot with
38 another principal use when the lot complies with the minimum lot size. For the
39 purposes of this regulation, a lot shall include a site that consists of multiple lots or
40 parcels within a single development when the parking lot and circulation elements are
41 shared across the boundaries of the lots or parcels
42 2. Minimum Lot Frontage: 150 feet along all public streets. For sites described in
43 21A.36.120.C.1. the lot frontaize shall be measured for all lots or parcels involved.
44 3. Stacking Lane Standards: These standards ensure adequate on -site maneuvering
45 and circulation areas, ensure that stacking vehicles do not impede traffic on abutting
46 streets, and that stacking lanes will not have nuisance impacts on abutting residential
47 lots.
48 a. Stacking lanes shall be arranged to avoid conflicts with site access points,
49 access to parking or loading spaces, and internal circulation routes to the
50 maximum extent practicable.
51 b. A minimum of 36 feet of stacking lane is required between a curb cut and the
52 nearest gasoline pump.
53 4. Fuel Pump Standards:
OA
54 a. Fuel pumps shall be located on the site in a manner that does not interfere
55 with easy access into or egress from the site at established driveway entrances.
56 b. Fuel Pumps shall be located and oriented so all cars in line for motor fuel can
57 be accommodated on -site and not block the sidewalk, the street, or any other
58 portion of the public right of way.
59 5. Electric Vehicle Parking: Gas stations shall provide at least one (1) parking space
60 dedicated to electric vehicles for every ten (10)required on -site parking spaces.
61 Electric vehicle parking spaces shall count toward the minimum required number of
62 parking spaces. The electric vehicle parking space shall be:
63 a. Located in the same lot as the principal use.
64 b. Signed clearly and conspicuously, such as special pavement marking or
65 signage, indicating exclusive availability to electric vehicles; and
66 c. Outfitted with a standard electric vehicle charging station.
67 C. Additional Standards for Fuel Dispensing Facilities:
68 1. Above -ground fuel storage tanks shall:
69 a. Provide a 25-foot clear radius from combustible materials, storage areas,
70 parking/backing areas, and all buildings on the same lot.
71 b. Have a maximum height of 20 feet from the finished grade.
72 2. An obscuring sight fence of six feet in height shall be required surrounding the
73 fuel storage tanks and associated vehicle fueling areas. All required fencing shall be
74 prewoven chain -link with slats, wood, brick, tilt -up concrete, masonry block, stone,
75 metal, composite/recycled materials, or other manufactured materials or combination
76 of materials commonly used for fencing. In addition, the fenced area must be paved
77 with a nonpermeable surface.
78 D. Upgrades to Nonconforming Gas Stations and Fuel Dispensing Facilities:
79 1. Replacin and nd Updating Tanks and Associated Equipment: An existing gas
80 station may replace existing tanks and associated equipment in substantially the same
81 location without having to comply with the provisions of this section.
82 2. Reconstruction: Existing gas stations that are noncomplying as to lot area, lot
83 frontage, or tank setbacks may be demolished and reconstructed, provided the
84 reconstructed use complies with the other applicable regulations of this section and
85 the tank location is substantially the same.
86 3. The zoning administrator maf_y the location of the fuel tanks and associated
87 equipment if federal or state requirements or other legal requirements prevent
88 locating_ t�placement tanks in a substantially similar location.
89 4. The zoning administrator may approve an alternate location for fuel tanks and
90 associated equipment if the applicant can demonstrate that a more efficient and safe
91 location is more appropriate.
92
93 2. Deletes Section 21A.40.070:
94
95 21A.40.070: N40TOR FUEL PUMP nEG TT n rrRESERVED
96
97 When established pursttant to uses pefmitted or conditional vvithin the appheable distriet
98 r-egulations-- all Atel ptimps shall EenfafmrtetheTequir-ements below:
99
1rexquifeud 1-afidseape yaM, front or side yar-d or within any "sight
102 distanee triangle" as defined in ehapter- 21A.62 of this title.
14 B. Safi� Gti�s Reqttir-ed: All uses for- whieh motor- Awl puffi-ps or- islands shall bee
105 made a pai4, shall efeet a safety etifb around the pefifneter of all paved afeas. All sue
1. - leeated so that no vehiel-e
ettfbs shall be
1
108
1` G. Gas Pumps At Convenience Food Stofes:
1 subseetions A and •
112 satisfies the following efitefia.:
113
III stores shall be appfoved by the zoning administratof, whef!e the location of sueh punips
116 3. Ptimps shottid be leeated Em the site in a manner- whieh does not iateff�r-e with
119 aceommodated on site and not blook the sidewalk, the street, of any other poftion of
timps shottid be visible to the motor-ist on the street; the p4lie right of way;
Pumps should be so loeated to avoid confliet between car- 3tof fuel
reflect122 ptimps and those
-
125 6. Pump loeation, and vehicular- aceess to and exit ftom pumps, should not eonflie
• with established pedest6an
127 7. Lighting shall be ofiented se as not to cast difeet light onto adjaeent p
128
129 3. Amends the definition of "GAS STATION" in Section 21A.62.040 as follows:
130
131 GAS STATION: A principal building site and structures for selling tw-s-Me and dispensing
132 4-motor fuels or other petroleum products and the sale of eo,,venieftee retail.
rd
133
134 4. Adopts a new definition "FUEL DISPENSING FACILTY" in Section 21A. 62.040, as follows
135 (to be inserted alphabetically into the list of definitions in said section):
136
137 FUEL DISPENSING FACILITY: A stationary facility consisting of one or more fuel storage
138 tanks and associated equipment, which receive, store, and dispense fuel for private use and
139 not for sale to the public.
140
141
142 [END]
61