HomeMy WebLinkAboutCouncil Provided Information - 8/13/2024COUNCIL STAFF REPORT
�ID
TO: City Council Members
FROM: Brian Fullmer
Policy Analyst
DATE: August 13, 2024
RE: Form Based Zone Corrections Text Amendment
PILNPCM2024-00155
BRIEFING UPDATE
CITY COUNCIL of SALT LAKE CITY
Item Schedule:
Briefing: July 9, 2024
Set Date: July 9, 2024
Public Hearing: August 13, 2024
Potential Action: August 20, 2024
Following Planning staffs presentation, the Council asked for an example of a proposed change. Planning
noted under the existing code additions the lesser of 1,000 square feet or 25% of an existing building can be
built without meeting form -based standards. There is no limit to the number of additions that could be
built, so it is possible a new building could be constructed through a series of additions that would not be
required to meet standards.
The following information was provided for July 9, 2023 Council briefing. It is
included again for background purposes.
The Council will be briefed about a proposal from the Administration to correct sections of Chapter 21A.27
Salt Lake City Code regarding form -based districts. In the time since form -based districts were adopted in
2016 and the ordinance was amended in 2023, Planning staff identified language that is incorrect,
inconsistent, or incompatible with the chapter's intent. The purpose of this text amendment is to revise the
ordinance language, so it is correct, consistent, and compatible with the zoning chapter's intent.
Form -based districts emphasize the built environment over land use and focus on the form of a
development, how buildings are oriented toward public spaces, development scale, and interaction of uses
within the city. These districts provide places for people to live, work and recreate.
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304 SLCCOUNCIL.COM AP.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 TEL 801-535-7600 FAX 801-535-7651
The Planning Commission reviewed the proposal at its April 10, 2024 meeting and held a public hearing at
which no one spoke. The Commission voted unanimously to forward a positive
recommendation to the City Council for the proposed text amendment.
Goal of the briefing: Review the proposed text amendment and determine if the Council supports
moving forward with the proposal.
POLICY QUESTION
1. The Council may wish to ask the Administration if there are concerns multiple small additions
could negatively impact required open space areas like the potential of bypassing building form and
street type standards discussed in consideration 2 below.
ADDITIONAL INFORMATION
Current code language exempts some building additions from setback, height, density and design
standards which does not align with the chapter's intent. The proposed changes include:
• Allow modifications to existing buildings which do not affect a building entrance to proceed
without requiring compliance with entry features standards.
• Small additions would not trigger open space area requirements.
• Clarification that balconies must look over a public street and not a side yard.
• Deletes a footnote error referencing the corner of West Temple and Fayette Avenue and adds the
correct corner of 200 West and Fayette Avenue in the list of street corners that allow additional
height.
• Requires screening of waste and recycling dumpsters.
• Deletes a list of nonresidential districts that inadvertently omitted form -based districts in the
chapter regulating fences, walls, and hedges. The proposed change references the correct range of
code chapters rather than listing individual districts.
KEY CONSIDERATIONS
Planning staff identified two key considerations related to the proposal, found on pages 2-3 of the Planning
Commission staff report, and summarized below. For the complete analysis, please see the Planning
Commission staff report.
Consideration i — Ensuring Language Reflects Intent
Proposed changes revise and clarify the ordinance to ensure the chapter's language aligns with the intent.
Potential changes are listed in the bullet points above.
Consideration 2 — Potential Outcomes if Ordinance is Not Revised
Planning noted the current ordinance language allows building additions up to 25% of the footprint or
1,000 square feet, whichever is less, without a requirement to adhere to building form and street type
standards. It would be possible to add a series of 1,000 square foot additions to a building without
complying with these standards. It is Planning's opinion that being able to bypass the standards
undermines the ordinance's intent.
ANALYSIS OF STANDARDS
Attachment B (pages 6-7) of the Planning Commission staff report outlines zoning text amendment
standards that should be considered as the Council reviews this proposal. The standards and findings are
summarized below. Please see the Planning Commission staff report for additional information.
Page 12
Factor
Finding
Whether a proposed text amendment is consistent with
Complies
the purposes, goals, objectives, and policies of the city as
stated through its various adopted planning documents.
Whether a proposed text amendment furthers the
Complies
specific purpose statements of the zoning ordinance.
Whether a proposed text amendment is consistent with
N/A
the purposes and provisions of any applicable overlay
zoning districts which may impose additional standards.
The extent to which a proposed text amendment
Complies
implements best current, professional practices of urban
planning and design.
PROJECT CHRONOLOGY
• February 6, 2024 — Petition initiated by Mayor Mendenhall and assigned to Noah Elmore,
Associate Planner.
• February -March 2024 — Planning 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.
• March 25, 2024 — 45-day recognized community organization public comment period ends.
• March 28, 2024 — Planning Commission agenda posted to the website and emailed to the
Planning Division listserv.
• April 10, 2024 — Planning Commission briefing and public hearing. The Commission forwards a
unanimous positive recommendation to the City Council.
• April 10, 2024 — Planning Division requests ordinance from the City Attorney's Office.
• April 30, 2024 — Ordinance from Attorney's Office received by Planning Division.
• May 9, 2024 — Transmittal received in City Council Office.
Page 13
ERIN MENDENHALL
Mayor
DEPARTMENT of COMMUNITY
and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
Jill Love
Jill tore t-y 9, 1624 9 13 M"
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: 05/07/24
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
SUBJECT: PLNPCM2024-00155 - Form Based Zone Corrections Text Amendment
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.
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 8o1.535.623o FAX 801.535.6005
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 "non-residential' districts. This amendment will revise that section to
clarify which chapters fall under "non-residential', 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
Project Title: Form Based Zone Corrections
Petition No.: PLNPCM2024-00155
Version: 1
Date Prepared: April 29, 2024
Planning Commission Action: Recommended 4/10/24
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date: April 29 2024
By:
Katherine D. Pas k , Senior City Attw-ney
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 Lc containing an incorrect street intersection;
• Amends subsections D.2 and E. La(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 1. Deletes Subsection 21A.27.020.0
2 r Building F,,E ffi Stand ras.
3 1. The provisions of this seetion shall apply to all properties loeated within the Fe
4 Based Dist- lets as indioated o the maps in eaeh Fief Based Dist,-iet
5 2. Building foFm and stfeet type- standards apply to all new buildings and additions
6 °
7 , whiehever- is less,
8 Refer- to Seetion 21A.27.030 of this ehapter- on the building eenfigufation standards
9for-morein, A tion on how to eemply with the standards. The gr-aphies cue
10 pr-ovide a visual representation of the standafds as a guide and are not fneant to
11 supefsede the standards in the tables. Only building fofms iden4ified in the table aFe
12 pefmitted.
13
14 2. Amends Subsection 21A.27.030.B as follows:
15 B. Building Entry: Refer to the building entrance standards in Subsection 21A.37.050.D of
16 this title. In the case of an existing structure, this standard shall only apply if changes are
17 made to the building entrance.
18
19 [No amendment to the tables or illustrations in said subsection.]
20
21 3. Amends Subsection 21A.27.030.C.1 as follows:
22 1. Open Space Area: A minimum of ten percent (10%) of the lot area shall be provided for
23 open space area, unless a different requirement is specified in the building form
24 regulation. Individual districts may require additional open space area requirements.
25 Open space area may include landscaped yards, patio, dining areas, common balconies,
26 rooftop gardens, and other similar outdoor living spaces. Private balconies shall not be
27 counted toward the minimum open space area requirement. Required parking lot
28 landscaping or perimeter parking lot landscaping shall also not count toward the
29 minimum open space area requirement. Additions to existing buildings are exempt from
30 this standard when the addition is less than twenty-five percent 25%) of the footprint of
31 the structure or one thousand (1,000)square feet, whichever is less.
32
33 4. Amends Subsection 21A.27.030.C.2 as follows:
34 2. Residential Balconies: All street f eing residential units above the ground floor- or- !eve
35 shall eontain a usable baleeny f4eing the stFeet that is a fnininium of fouf feet in depth-.
36 B.,',.enies m ever -hang ao rod yard. All dwelling units located above the first
37 story and on a street -facing fagade shall include a balcony. The balcony shall be
38 accessible from the dwelling unit and project a minimum of four feet from the street-
39 facing fagade. Balconies may project into a required front yard setback. In the case of an
40 addition to an existing structure, this standard shall only apply to portions added along
41 street -facing elevations.
42
43 5. Amends Footnote ].c to Table 21A.27.050.C.3 as follows:
44 c. For legally existing parcels or lots as of January 1, 2023 located on the corners of 200
45 West Tile at Fayette Avenue;
46
47 6. Amends Subsection 21A.40.120.D.2 as follows:
48 2. Nonresidential dDistricts (eChapters 21A.26 through 21A.34 of this title. ^^m nervi '
49 , speeial
50
51
52 7. Amends Section 21A.40.120 to adopt Subsection 21A.40.120.E.1.a(4) as follows:
53 (4) All refuse disposal and recycling dumpsters shall be screened on all sides by a solid
54 wood fence, masonry wall, or an equivalent opaque material to a height of not less
55 than 6 feet but not more than 8 feet.
56
57 [END]
2
L 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 — Staff drafted language to support goals of the petition.
March 2024
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.
Apri130, 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 2 1 A 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.ehnore@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
MEMORANDUM
V1.-0?NM4;I DIVISIoN
ice' ARTNTENT i l o r.� I\ t t 1 Ni 1 l lrvrrf N i;I(_� u tir >I [iHc >Ic 1 t>�
To: Mayor Erin Mendenhall
Cc: Rachel Otto, Chief of Staff; Blake Thomas, Department of Community and Neighborhoods Director;
Michaela Okay, Deputy Planning Director
From: NickNorris,PlanningDirector
Date: February 2, 2024
Re: ZoningAmendments to correct standards in Chapter 21k27- Form Based Districts
The Planning Division is requesting that you initiate a text amendment to modify sections in Chapter
21A..27 - Form Based Districts that are incorrect or inconsistent with the purpose of the district. More
specifically:
Subsection 21A.27.020.0 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
compliance with entry features standards, and small additions will 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.
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM406 WWW.SLC.GOV
PO BOX 145480 SALT LAKE CITY. UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
Please contact meat ext. 6173 or nick.norrispslcgovxom if you have any questions. Thank you.
Concurrence to initiate the zoning text amendment petition as noted above.
2'-
2024 162:1 PAST
Erin Mendenhall, Mayor
02/06/2024
Date
Form Based Zone Corrections - Petition Intiation
Final Audit Report 2024-02-06
Created: 2024-02-02
By: Mayara Balhego De Lima (mayara.lima@slcgov.com)
Status: Signed
Transaction ID: CBJCHBCAABMOX6huP8OLsbboRlmuXLt9blYoz-CxY7b
"Form Based Zone Corrections - Petition lntiation" History
Document created by Mayara Balhego De Lima (mayara.lima@slcgov.com)
2024-02-02 - 4:26:20 PM GMT
Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature
2024-02-02 - 4:26:52 PM GMT
f:I Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com)
2024-02-03 - 5:45:37 AM GMT
00 Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com)
Signature Date: 2024-02-06 - 11:24:25 PM GMT - Time Source: server
9 Agreement completed.
2024-02-06 - 11:24:25 PM GMT
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