HomeMy WebLinkAboutTransmittal - 7/9/2024SALT LAKE CITY TRANSMITTAL
To:
Salt Lake City Council Chair
Salt Lake City Redevelopment Agency Chair
Start Date:
07/02/2024
Date Sent to Council:
07/09/2024
From:
Employee Name:
Elmore, Noah
E-mail
noah.elmore@slcgov.com
Department
Community and Neighborhood
Department Director Signature Chief Administrator Officer's Signature *
Director Signed Date
07/08/2024
Chief Administrator Officer's Signed Date
07/09/2024
Subject:
Text Amendment - Form Based Zone Corrections
Additional Staff Contact:
Mayara Lima, mayara.lima@slcgov.com
Presenters/Staff Table
Noah Elmore
Document Type *
Ordinance
Budget Impact *
Yes
No
Budget Impact:
Recommendation:*
That the City Council adopt the ordinance as recommended by the Planning Commission.
Background/Discussion (?)
Mayor Erin Mendenhall has initiated a zoning text amendment to correct sections in Chapter 21A.27 - Form Based Districts.
The code currently contains language exempting certain building additions from development standards that regulate building form such as setback, height, density, and design standards. Exempting additions from the zoning district’s regulations would effectively negate the intent of the chapter, which is to regulate building form. This had been corrected in this proposal.
Changes to existing buildings that do not affect a building entrance should not trigger compliance with entry features standards, and small additions should not trigger open space area requirements. The standard for residential balconies is also revised to clarify that balconies must be looking out over a public street as opposed to a side yard.
Other revisions will be made to correct errors that occurred inadvertently through previously adopted text amendments. First, there are specific street corners called out in the zoning ordinance which permit additional building height. A footnote will be revised to identify the correct street references. Additionally, the chapter regulating fences, walls, and hedges inadvertently excludes form based zoning districts in the list of the “nonresidential” districts. This amendment will revise that section to clarify which chapters fall under “nonresidential”, including the form based zoning districts. Finally, the proposal includes reinsertion of a deleted requirement to screen dumpsters.
Will the City Council need to hold a public hearing for this item?*
Public Process
February 6, 2024 Petition initiated by Mayor Mendenhall.
February 6, 2024 Petition assigned to Noah Elmore, Associate Planner.
February 2024 – March 2024 Staff drafted language to support goals of the petition.
February 8, 2024 Notice of petition sent to all city recognized community organizations.
February 12, 2024 Petition posted to the Planning Division’s Online Open House webpage. Public comment period ended March 25, 2024
March 28, 2024 Planning Commission agenda posted to the website and emailed to the listserv.
April 4, 2024 Staff Report posted to Planning’s webpage.
April 10, 2024 Planning Commission meeting and public hearing held. A positive recommendation was forwarded to the City Council.
April 30, 2024 Ordinance received from City Attorney ’s office.
Chief Administrator Officer's Comments
ERIN 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
SUBJECT: PLNPCM2024-00155
STAFF CONTACT: Noah Elmore, Associate Planner
noah.elmore@slcgov.com or (801) 535-7971
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council adopt the ordinance as recommended by the
Planning Commission.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: Mayor Erin Mendenhall has initiated a zoning text
amendment to correct sections in Chapter 21A.27 - Form Based Districts.
The code currently contains language exempting certain building additions from development
standards that regulate building form such as setback, height, density, and design
standards. Exempting additions from the zoning district’s regulations would effectively negate the
intent of the chapter, which is to regulate building form. This had been corrected in this proposal.
Changes to existing buildings that do not affect a building entrance should not trigger compliance
with entry features standards, and small additions should not trigger open space area
requirements. The standard for residential balconies is also revised to clarify that balconies must
be looking out over a public street as opposed to a side yard.
Other revisions will be made to correct errors that occurred inadvertently through previously
adopted text amendments. First, there are specific street corners called out in the zoning
ordinance which
permit additional building height. A footnote will be revised to identify the correct street references.
Additionally, the chapter regulating fences, walls, and hedges inadvertently excludes form based
zoning districts in the list of the “nonresidential” districts. This amendment will revise that section to
clarify which chapters fall under “nonresidential”, including the form based zoning districts. Finally,
the proposal includes reinsertion of a deleted requirement to screen dumpsters.
PUBLIC PROCESS:
Community Council Notice: A notice of application was sent to all recognized community
organizations on February 8, 2024, 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. The 45-day public
engagement period ended on March 25, 2024.
Public Open House: An online open house was held from February 12, 2024 to March 25, 2024.
No public comment was received.
Planning Commission Meeting: The Planning Commission held a public hearing on April 10,
2024. The Planning Commission forwarded a positive recommendation to City Council on the
proposed amendment.
Planning Commission (PC) Records
a) PC Agenda of April 10, 2024 (Click to Access)
b) PC Minutes of April 10, 2024 (Click to Access)
c) Planning Commission Staff Report of April 10, 2024 (Click to Access Report)
EXHIBITS:
1) Project Chronology
2) Notice of City Council Public Hearing
3) Original Petition
1
Project Title: Form Based Zone Corrections
Petition No.: PLNPCM2024-00155
Version: 1
Date Prepared: April 29, 2024
Planning Commission Action: Recommended 4/10/24
This proposed ordinance makes the following amendments to Title 21A. Zoning:
• Deletes subsection 21A.27.020.C;
• Amends subsection B, C.1 and C.2 of 21A.27.030 to include exemptions to existing
structures;
• Amends table 21A.27.050.C.3, footnote 1.c containing an incorrect street intersection;
• Amends subsections D.2 and E.1.a(4) of 21A.40.120 to make technical changes.
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. Deletes Subsection 21A.27.020.C 1
C. Building Form Standards: 2
1. The provisions of this section shall apply to all properties located within the Form 3
Based Districts as indicated on the maps in each Form Based District. 4
2. Building form and street type standards apply to all new buildings and additions when 5
the new construction related to the addition is greater than twenty five percent (25%) 6
of the footprint of the structure or one thousand (1,000) square feet, whichever is less. 7
Refer to Section 21A.27.030 of this chapter on the building configuration standards 8
for more information on how to comply with the standards. The graphics included 9
provide a visual representation of the standards as a guide and are not meant to 10
supersede the standards in the tables. Only building forms identified in the table are 11
permitted. 12
13
2. Amends Subsection 21A.27.030.B as follows: 14
B. Building Entry: Refer to the building entrance standards in Subsection 21A.37.050.D of 15
this title. In the case of an existing structure, this standard shall only apply if changes are 16
made to the building entrance. 17
18
[No amendment to the tables or illustrations in said subsection.] 19
20
3. Amends Subsection 21A.27.030.C.1 as follows: 21
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
April 29, 2024
2
1. Open Space Area: A minimum of ten percent (10%) of the lot area shall be provided for 22
open space area, unless a different requirement is specified in the building form 23
regulation. Individual districts may require additional open space area requirements. 24
Open space area may include landscaped yards, patio, dining areas, common balconies, 25
rooftop gardens, and other similar outdoor living spaces. Private balconies shall not be 26
counted toward the minimum open space area requirement. Required parking lot 27
landscaping or perimeter parking lot landscaping shall also not count toward the 28
minimum open space area requirement. Additions to existing buildings are exempt from 29
this standard when the addition is less than twenty-five percent (25%) of the footprint of 30
the structure or one thousand (1,000) square feet, whichever is less. 31
32
4. Amends Subsection 21A.27.030.C.2 as follows: 33
2. Residential Balconies: All street facing residential units above the ground floor or level 34
shall contain a usable balcony facing the street that is a minimum of four feet in depth. 35
Balconies may overhang any required yard. All dwelling units located above the first 36
story and on a street-facing façade shall include a balcony. The balcony shall be 37
accessible from the dwelling unit and project a minimum of four feet from the street-38
facing façade. Balconies may project into a required front yard setback. In the case of an 39
addition to an existing structure, this standard shall only apply to portions added along 40
street-facing elevations. 41
42
5. Amends Footnote 1.c to Table 21A.27.050.C.3 as follows: 43
c. For legally existing parcels or lots as of January 1, 2023 located on the corners of 200 44
West Temple at Fayette Avenue; 45
46
6. Amends Subsection 21A.40.120.D.2 as follows: 47
2. Nonresidential dDistricts (cChapters 21A.26 through 21A.34 of this title: commercial 48
districts, manufacturing districts, downtown districts, gateway districts, special 49
purpose districts and overlay districts): 50
51
7. Amends Section 21A.40.120 to adopt Subsection 21A.40.120.E.1.a(4) as follows: 52
(4) All refuse disposal and recycling dumpsters shall be screened on all sides by a solid 53
wood fence, masonry wall, or an equivalent opaque material to a height of not less 54
than 6 feet but not more than 8 feet. 55
56
[END] 57
1. CHRONOLOGY
Project Chronology
Petition: PLNPCM2024-00155
February 6, 2024 Petition initiated by Mayor Mendenhall.
February 6, 2024 Petition assigned to Noah Elmore, Associate Planner.
February 2024 –
March 2024
Staff drafted language to support goals of the petition.
February 8, 2024 Notice of petition sent to all city recognized community
organizations.
February 12, 2024 Petition posted to the Planning Division’s Online Open House
webpage. Public comment period ended March 25, 2024
March 28, 2024 Planning Commission agenda posted to the website and
emailed to the listserv.
April 4, 2024 Staff Report posted to Planning’s webpage.
April 10, 2024 Planning Commission meeting and public hearing held. A
positive recommendation was forwarded to the City Council.
April 30, 2024 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 PLNPCM2024-00155 – Mayor Erin Mendenhall has
initiated a zoning text amendment to correct sections in Chapter 21A.27 - Form Based Districts. Form
Based Districts were adopted in 2016 and most recently amended in 2023. Over time, staff has found
certain standards to be incorrect, inconsistent, or otherwise incompatible with the intent of the chapter.
Related provisions of Title 21A may also be amended as part of this petition. (Staff Contact: Noah Elmore
at (801) 535-7971 or noah.elmore@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 Noah
Elmore at (801) 535-7971 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
or via e-mail at noah.elmore@slcgov.com. The application details can be accessed at
https://citizenportal.slcgov.com/, selecting the “Planning” tab, and entering petition number
PLNPCM2024-00155.
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. ORIGINAL
PETITION
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
PLANNING DIVISION
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
MEMORANDUM
To: Mayor Erin Mendenhall
Cc: Rachel Otto, Chief of Staff; Blake Thomas, Departmentof Community and NeighborhoodsDirector;
MichaelaOktay, Deputy Planning Director
From: Nick Norris, Planning Director
Date: February 2, 2024
Re: Zoning Amendments to correct standardsin Chapter 21A.27 -Form Based Districts
The Planning Division is requesting that you initiate a text amendment to modify sections in Chapter
21A.27 -Form Based Districtsthat are incorrect or inconsistent with the purpose of the district. More
specifically:
Subsection 21A.27.020.C Building Form Standards
The section contains language that exempts certain building additions from development
standards, such as setback, height, density and design standards. We propose to delete this
section because it conflicts with the purpose and intent of the zoning ordinance, and it is
inconsistent with the purpose of the district.
Section 21a.27.030: Building Configuration and Design Standards
Some exemption to building additions is warranted and will be included in this section. For
example, changes to existing buildings not affecting a building entrance will not require
compliancewith entry features standards, and small additionswill not trigger open space
area requirements.
Footnotes in Table 21a.27.050.C.3
A recent amendment inadvertently changed the streets identified in the footnote and which
allowed additional building height at a block corner. The error is clear because the street
intersection now identified in the code is outside of the Form Based district.
Any other inconsistent regulations or incorrect regulations that are identified as part of the project
will also be included in the proposal.
A public process will be conducted to gauge public input on the proposed changes and the proposal
will follow the same required steps of any other text amendment, including notification to recognized
community organizations, a public hearing with the Planning Commission and a decision from City
Council.
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 not to initiate
the petition.
Page 2
Please contact me at ext. 6173 or nick.norris@slcgov.com if you have any questions. Thank you.
Concurrence to initiate the zoning text amendment petition as noted above.
_____________________________________ ______________
Erin Mendenhall, Mayor Date
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