HomeMy WebLinkAboutCouncil Provided Information - 7/1/2025CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304 SLCCOUNCIL.COM
COUNCIL TAFF EPORT
CITY COUNCIL of SALT LAKE CITY
TO: City Council Members
FROM: Brian Fullmer
Policy Analyst
DATE: July 1, 2025
RE: Text Amendment Replacing Public Hearing Requirements
for Appeals and Variances with Public Meetings
PLNPCM2025-00327
BRIEFING UPDATE
During a June 3, 2025 Council Members acknowledged the need to update City code to align with State
code. There were questions about the effectiveness of public hearings for appeals of staff level land use
decisions and variance requests. Planning staff said they were helpful with discovery of new information
that may influence the outcome of an appeal. They also helped ensure property rights were upheld and
didn’t result in a taking. The 12-day period to submit evidence will provide an opportunity to submit
information in lieu of a hearing.
The following information was provided for the May 6, 2025 briefing. It is included
again for background purposes.
The Council will be briefed about a proposal to remove the public hearing requirement for appeals of staff
level land use decisions, and variance requests found in Title 21A.16 and 21A.18 Salt Lake City Code,
respectively. This change is necessitated by House Bill 368 passed during the 2025 Utah Legislative session
and signed by Governor Cox, which prohibits cities from holding public hearings for these issues. The
requirement went into effect May 7, 2025.
When there is conflict between State and City code, State code takes precedence. The proposed changes will
align City and State codes for appeals and variances. Whether the Council adopts the text amendment or
not, the City cannot hold public hearings for appeals or variances.
Briefing: June 3, 2025
Set Date: June 10, 2025
Public Hearing: July 1, 2025
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Publicly noticed meetings will still be required for these matters, and the public will have an opportunity to
submit written comments on staff level land use decision appeals to the hearing officer prior to the
meetings. The Administration proposes a minimum of 12 calendar days for public notice to be sent before
an appeal hearing is held.
The Planning Commission reviewed this proposal at its April 23, 2025 meeting and held a public hearing at
which no one spoke. The Commission voted unanimously to forward a positive
recommendation to the City Council
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 want to discuss whether it supports the Administration’s proposed 12-day
minimum notice requirement or if it wants to make changes.
ADDITIONAL INFORMATION
An appeal of administrative decisions by staff is a “de novo” process in which the hearing officer reviews
information “from the beginning” or “anew” including what was reviewed by administrative staff and new
information presented since the initial decision was made. Since public hearings are no longer permitted,
the proposal provides an opportunity for those whose property rights may be affected to submit
information before the meeting for review by the hearing officer. This preserves the due process rights of
those individuals.
Conversely, appeals of commission decisions are not de novo, meaning no new information can be
considered and the hearing officer decides based on the same information reviewed by the commission.
Since no new information is considered with appeals of commission decisions, the City has not required a
second public hearing for these. As such, commission decision appeals are not affected by HB368.
In addition to the changes noted above, Planning staff recommends the following changes to align City
code with current practices:
• Administration staff coordinates meeting schedules with the appellant and respondent far enough
in advance to provide time to respond to an appeal.
• Allow more than 180 days for an appeal to be heard if all parties agree. (Currently City code does
not allow for a time extension.)
• Allow written comments on appeals of administrative decisions to be submitted until 5:00 p.m. the
day prior to the public meeting.
• The Hearing Officer may refer matters decided by a commission back to the decision-making body.
KEY CONSIDERATIONS
Planning staff identified one key consideration related to the proposal, found on page 3 of the Planning
Commission staff report, and summarized below. For the complete analysis, please see the Planning staff
report.
Consideration 1 – Handling of Evidence:
Planning staff recommends evidence to be submitted before the meeting to consider an appeal. They found
the best practice is to provide a period for the discovery of relevant facts.
ANALYSIS OF STANDARDS
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Attachment B (page 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.
Factor Finding
Whether a proposed text amendment is consistent with
the purposes, goals, objectives, and policies of the city as
stated through its various adopted planning documents.
N/A
Removes public
hearings as they are no
longer allowed.
Whether a proposed text amendment furthers the
specific purpose statements of the zoning ordinance.
N/A
Removes public
hearings as they are no
longer allowed.
Providing public notice
and means to submit
evidence aligns with the
purpose for making
decisions.
Whether a proposed text amendment is consistent with
the purposes and provisions of any applicable overlay
zoning districts which may impose additional standards.
N/A
The extent to which a proposed text amendment
implements best current, professional practices of urban
planning and design.
Complies
The impact that the proposed text amendment may have
on city resources necessary to carry out the provisions
and processes required by this title.
N/A
The impact that the proposed text amendment may have
on other properties that would be subject to the proposal
and properties adjacent to subject properties.
Providing time to
submit evidence is
intended to help the
decision maker. Most
input will likely be
opinions and not
considered relevant.
The community benefits that would result from the
proposed text amendment, as identified in 21A.50.050.C.
N/A
PROJECT CHRONOLOGY
• March 12, 2025 – HB 368 passed by Utah Legislature.
• March 26, 2025 – HB 368 signed by Governor Cox.
• March 31, 2025 – Petition initiated by Mayor Mendenhall.
• April 8, 2025 – Information posted on Planning Division open house page.
• April 10, 2025 – Notice posted on City website, Utah State Public Notice website, and emailed to
Planning Division email listserv.
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• April 23, 2025 – Planning Commission public hearing held. Commission recommends that the
City Council adopt the proposal.
• May 22, 2025 – Transmittal received in City Council Office.
NOTICE OF CITY COUNCIL PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2025-00327. This petition is necessary to
bring the city code into compliance with recently adopted changes to Utah Code. The Utah Legislature
adopted House Bill 368 (HB 368) during the 2025 legislation. One part of the bill prohibits cites from
holding public hearings for appeals and applications for variances. The proposed changes replace the
requirement for a public hearing with a public meeting (which is open to the public, but no public hearing
is held), establishes noticing requirements for public meetings associated with appeals and variances, and
provides a timeframe for evidence to be submitted that can be considered by the Appeals Hearing Officer.
Other related provisions in Title 21A may also be modified as part of this proposal. HB 368 went into effect
on May 7, 2025 and the city is already required to comply with the provisions of the bill.
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 that
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 Nick Norris
at (801) 535-6173 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail at
nick.norris@slc.gov. The application details can be accessed at https://citizenportal.slcgov.com/, by
selecting the “Planning” tab and entering the petition number PLNPCM2025-00327.
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.
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4. Original Petition
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