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Transmittal - 8/19/2021ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: Amy Fowler, Chair FROM: Blake Thomas, Director Department of Community & Neighborhoods __________________________ SUBJECT: Petition PLNPCM2020-00503 Permitting Restaurants in the PL – Public Lands Zoning District STAFF CONTACT: Amanda Roman, Principal Planner (385) 386-2765, amanda.roman@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council amend the text of the zoning ordinance as recommended by the Planning Commission. BUDGET IMPACT: None BACKGROUND/DISCUSSION: A zoning text amendment, initiated by Mayor Erin Mendenhall, to amend the land use table in the zoning ordinance and add restaurants as a permitted use within the Public Lands District (Section 21A.33.070). Under the current ordinance, restaurants may operate as an accessory use, but are not permitted as a standalone entity. Accessory uses are intended to serve and contribute to a principal use and must be located on the same lot and under the same ownership as the principal use. In response to public inquiry, Mayor Mendenhall asked Planning staff to review the Zoning Ordinance and provide a recommendation on whether permitting restaurants to operate independently of a principal use is appropriate within the zone. The purpose of the Public Lands zone (section 21A.32.070) is to delineate areas of public use and control the potential redevelopment of public uses, lands, and facilities. The majority of the land under the zoning designation is owned by government entities. If amended, restaurants would July 7, 2021 Lisa Shaffer (Jul 14, 2021 15:02 MDT) 07/14/2021 07/14/2021 adhere to the same regulations as other permitted uses in the zone, which requires permitted and conditional uses to be located on lots with a minimum lot area of 20,000 square feet and a minimum lot width of 75 feet. If adopted, the proposed text amendment would provide opportunities for new businesses to open and for existing businesses to expand their hours of operation. Permitting restaurants would activate existing buildings and public spaces that are underutilized or unprogrammed after peak hours. For example, Cytybyrd Café, which is located within the City and County Building, could expand their hours of operation to provide dinner service and could remain open on weekends. There are approximately 115 existing parcels in Salt Lake City (5%) that are zoned Public Lands and are at least 20,000 square feet in size. The Planning Commission Staff Report in Exhibit 3B provides a comprehensive review of the parcels that would be potentially affected by the proposed zoning text amendment. PUBLIC PROCESS: Community Council Notice: A notice of application was sent to all Salt Lake City Recognized Community Organizations on August 4, 2020 regarding the proposed text amendment. The Recognized Organizations were given 45 days to respond with any concerns or to request staff to meet with them and discuss the proposed amendment. No Community Council requested that staff attend a meeting and no formal comments were submitted. Public Open House: The petition was posted to the Planning Division’s Online Open House webpage from August 4 – September 20, 2020. Five public comments were submitted during the comment period. The public comments are included in the Planning Commission staff report in Exhibit 3B. Planning Commission Meeting: On October 28, 2020 the Planning Commission held a public hearing regarding the proposed zoning text amendment. One citizen spoke in support of the request. One citizen had concerns on how the City determines the market rate when negotiating a lease, as there doesn’t appear to be a standard lease for commercial and non-profit activities operating in public buildings. The Commission asked staff for clarification on permitted uses within the Public Lands zone and other zones under the Special Purpose District. The Commission voted 5-1 to forward a positive recommendation to the City Council for the text amendment, consistent with the staff recommendation. EXHIBITS: 1. Project Chronology 2. Notice of City Council Hearing 3. Planning Commission A) Mailing Notice B) Staff Report C) Agenda/Minutes/Newspaper Notice 4. Original Petition TABLE OF CONTENTS 1.ORDINANCE 2.PROJECT CHRONOLOGY 3.NOTICE OF CITY COUNCIL HEARING 4.PLANNING COMMISSION - OCTOBER 28, 2020 A.NEWSPAPER NOTICE B.STAFF REPORT C.AGENDA AND MINUTES 5.ORIGINAL PETITION 1. ORDINANCE SALT LAKE CITY ORDINANCE No. ________ of 2021 (Amending Section 21A.33.070 of the Salt Lake City Code to allow restaurant uses in the PL Public Lands District) An ordinance amending Section 21A.33.070 of the Salt Lake City Code to allow restaurant uses in the PL Public Lands District, pursuant to Petition No. PLNPCM2020-00503. WHEREAS, the Salt Lake City Planning Commission held a public hearing on October 28, 2020 to consider a request made by Salt Lake City Mayor Erin Mendenhall (Petition No. PLNPCM2020-00503) to amend Section 21A.33.070 (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) of the Salt Lake City Code to allow restaurant uses in the PL Public Lands District; and WHEREAS, at its October 28, 2020 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on said petition; and WHEREAS, following a public hearing on this matter, the city council finds 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 Salt Lake City Code Section 21A.33.070. That Section 21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional Uses for Special Purpose Districts) shall be, and hereby is amended to modify only the row in that table pertaining to “Restaurant” use, which row shall read and appear as follows: Use Permitted And Conditional Uses By District RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Restaurant P7 P P The codifier is instructed to only make revisions to the table at Section 21A.33.070 as it pertains to the row on that table pertaining to “Restaurant” uses as part of this ordinance and make no other revisions. SECTION 2. Effective Date. This Ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this _______ day of ______________, 2021. ______________________________ CHAIRPERSON ATTEST: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor’s Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2021. Published: ______________. Ordinance amending PL district regs to allow restaurant use APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney May 27, 2021 2. CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2020-00503 June 24, 2020 Salt Lake City Mayor Erin Mendenhall initiated a petition to amend the text of the Zoning Ordinance to add restaurants as a permitted use within the PL – Public Lands Zoning District. The amendment affects section 21A.33.070 Table of Permitted and Conditional Uses for Special Purpose Districts. July 7, 2020 Petition PLNPCM2020-00503 assigned to Amanda Roman, Principal Planner, for staff analysis and processing. August 4, 2020 Petition posted to the Planning Division’s Online Open House webpage. The public comment period ended on September 20, 2020. October 15, 2020 Planning Commission hearing notice posted on City and State websites. October 17, 2020 Planning Commission hearing notice published in newspaper. October 28, 2020 Planning Commission reviewed the petition and conducted a public hearing. The commission then voted 5:1 to send a positive recommendation to the City Council. November 9, 2020 Ordinance requested from City Attorney’s office. November 18, 2020 Planning Commission ratified minutes of the October 28, 2020 meeting. 3. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petition PLNPCM2020-00503 Permitting Restaurants in the PL – Public Lands Zoning District Zoning Text Amendment A zoning text amendment, initiated by Mayor Erin Mendenhall, to amend the land use table in the zoning ordinance and add restaurants as a permitted use within the Public Lands District (Section 21A.33.070). Under the current ordinance, restaurants may operate as an accessory use, but are not permitted as a standalone entity. Accessory uses are intended to serve and contribute to a principal use and must be located on the same lot and under the same ownership as the principal use. The purpose of the Public Lands zone (section 21A.32.070) is to delineate areas of public use and control the potential redevelopment of public uses, lands, and facilities. The majority of the land under the zoning designation is owned by government entities. If amended, restaurants would adhere to the same regulations as other permitted uses in the zone, which requires permitted and conditional uses to be located on lots with a minimum lot area of 20,000 square feet and a minimum lot width of 75 feet. As part of their study, the City Council is holding two advertised public hearings to receive comments regarding the petition. During these hearings, 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 second public hearing. The hearing will be held electronically: DATE: Date #1 and Date #2 TIME: 7:00 p.m. PLACE: **This meeting will not have a physical location. **This will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation. If you are interested in participating in the Public Hearing, please visit our website at https://www.slc.gov/council/ to learn how you can share your comments during the meeting. 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, please call Amanda Roman at 385-386-2765 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at amanda.roman@slcgov.com. You may review the file online at https://citizenportal.slcgov.com/citizen, by selecting the Planning tab, and entering the petition numbers PLNPCM2020-00503. 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. October 28, 2020 4. PLANNING COMMISSION A.Mailing Notice 4. PLANNING COMMISSION B.Staff Report October 28, 2020 PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS Staff Report To: Salt Lake City Planning Commission From: Amanda Roman, Principal Planner (801) 535-7660 or amanda.roman@slcgov.com Date: October 28, 2020 Re: PLNPCM2020-00503 Permitting Restaurants in the PL – Public Lands Zone Text Amendment Zoning Text Amendment PROPERTY ADDRESS: Citywide PARCEL ID: Not applicable MASTER PLAN: Not applicable ZONING DISTRICT: PL – Public Lands REQUEST: Salt Lake City Mayor Erin Mendenhall initiated a petition to amend the text of the Zoning Ordinance to add restaurants as a permitted use within the PL – Public Lands Zoning District. The amendment will affect section 21A.33.070 Table of Permitted and Conditional Uses for Special Purpose Districts. Under the current code, restaurants are not Permitted or Conditional Uses with the zone. RECOMMENDATION: Based on the findings in the staff report, Planning Staff finds the proposed text amendment adequately meets the standards for general text amendments and therefore recommends that Planning Commission transmit a positive recommendation to the City Council to adopt the proposed zoning ordinance text amendment. ATTACHMENTS: A.Proposed Text Amendment B.Public Lands Zoning Map C.Petition to Initiate D.Analysis of Standards E.Public Process and Comments F.Department Review Comments PROJECT DESCRIPTION AND BACKGROUND: Mayor Mendenhall initiated an amendment to section 21A.33.070 to potentially permit restaurants within the PL – Public Lands Zoning District. Under the current code, restaurants are not permitted as standalone entity, but are allowed as an accessory use. An accessory use is defined as a use that: A.Is subordinate in area, extent and purpose to, and serves a principal use; B.Is customarily found as an incident to such principal use; C.Contributes to the comfort, convenience or necessity of those occupying, working at or being serviced by such principal use; D.Is, except as otherwise expressly authorized by the provisions of this title, located on the same zoning lot as such principal use; and E.Is under the same ownership or control as the principal use. The Mayor asked Planning staff to review the Public Lands Zoning District regulations and provide input on the pros and cons of adding restaurants as a permitted use after receiving inquiries from business owners who wish to operate independently of the principal use. An example of this is Cytybyrd Café, which is located within the City and County Building. The restaurant, which operates as an accessory to the main governmental use of the building, may only remain open while the City and County Building is open. This means the restaurant is allowed to operate Monday – Friday until 4 PM and must close on the weekends. These limited hours impact their opportunity to serve customers and ultimately reduces their profit margins. If restaurants were allowed as a principal use, Cytybyrd Café could increase their business hours past 4 PM on Monday – Friday and remain open on weekends. Special Purpose Districts The Public Lands Zoning District is under the Special Purpose District umbrella. Section 21A.33.070 Table of Permitted and Conditional Uses for Special Purpose Districts only permits 32 of 131 listed uses within the Public Lands zone. An additional 10 uses may be allowed upon Conditional Use approval. The intent of Special Purpose Districts is described as: Certain geographic areas of the city contain land uses or platting patterns that do not fit traditional zoning classifications (e.g., residential, commercial, industrial) or uniform bulk regulations. These areas currently contain special land uses (e.g., airports or medical centers) which have a unique character, or contain mixed land uses which are difficult to regulate using uniform bulk and density standards. Because these areas have unique land uses, platting patterns and resources, special districts are needed to respond to these conditions. These special purpose districts are further intended to maintain the integrity of these areas, allow for greater flexibility in site design, and achieve the specialized goals for these areas. The Open Space Zoning District and the Natural Open Space District are also under the Special Purpose District umbrella. While they are similar to the Public Lands Zoning District, they are their own specific zones with different regulations and standards and are generally made up of public parks and open space rather than built public facilities. The proposed text amendment will not change any development regulations or permitted land uses within these zones. Of the three zones, Public Lands allows the most development. Public Lands Zoning District The purpose of the Public Lands Zoning District is to specifically delineate areas of public use and to control the potential redevelopment of public uses, lands and facilities. The zone allows some commercial uses but also includes parks and open space. • Permitted uses include art galleries, libraries, offices, off-site parking (including park and ride lots), reception centers, research and development facilities, schools, and utilities. • Conditional uses include fairgrounds, government facilities, jails, reception centers, and stadiums. • The zone also supports low impact uses such as gardens, farm stands, outdoor recreation, parks, and open space. Open Space Zoning District The purpose of the Open Space Zoning District is to preserve and enhance public and private open space, natural areas, and improved park and recreational areas. • Permitted uses include some development such as amphitheaters, government facilities, outdoor storage, and utilities. • Conditional uses include the adaptive reuse of a landmark site, living quarters for a caretake or security guard, and reception centers. • Low impact uses include agriculture, botanical gardens, farm stands, and public parks. Natural Open Space District The purpose of the Natural Open Space Zoning District is to specifically delineate natural areas of special environmental or scenic value and support the preservation of these areas through limited development. The zone consists of primarily undeveloped land. The only four land uses permitted in the zone are informal amphitheaters, open space, and in the case of existing residential dwellings, the zone allows daycares and home occupations. DISCUSSION: The proposed changes have been reviewed against the four Zoning Text Amendment Standards in section 21A.50.050 of the Zoning Ordinance. The following information was gathered through an analysis of the existing properties in Salt Lake City. In short, of the 2,368 existing parcels, the proposed text amendment would potentially affect 115 parcels. Further analysis is required to determine which of the parcels could accommodate a restaurant or other permitted use. The zoning map provided in Attachment B shows the parcels meeting the minimum lot size for permitted uses (20,000 square feet) in green and parcels above 5 acres in blue. The yellow parcels are under 20,000 square feet and are not eligible for development. The same information is provided below for clarity. o Salt Lake City currently has 2,368 individual parcels within city boundaries. o Of these parcels, 247 are within the Public Lands Zoning District, the majority of which are government owned. o 115 Public Lands parcels meet the minimum lot size for permitted uses, which is 20,000 SF (.4591 acres). o There are 36 parcels above 21,780 SF (5 acres), which is the square footage required for public schools. o 25 of the 115 parcels are owned by Salt Lake City Corporation. o 12 of the 115 parcels are owned by the State or Federal government, thus not under Salt Lake City’s jurisdiction. o 3 of the 115 Public Lands parcels are privately owned. Total number of SLC Parcels Number of parcels zoned PL PL parcels over 20,000 SF (which could potentially accommodate a restaurant use) PL parcels over 5 acres (the majority of which are owned by the SLC Board of Education) PL parcels over 20,000 SF owned by Salt Lake City Corporation PL parcels over 20,000 SF owned by the State or Federal Government (not under the City’s jurisdiction) Privately owned PL parcels over 20,000 SF 2,368 247 115 36 25 12 3 While there are 115 Public Lands parcels that meet the minimum lot size required for a permitted use, that doesn’t suggest the properties meet the other underlying zoning requirements such as lot width and building setbacks. External factors including location, parking, and development costs may also limit the number of parcels where a restaurant could locate. Many of the parcels are already developed or are intended for use by public schools. Additionally, land owned by the State or Federal government is not under Salt Lake City’s jurisdiction, thus doesn’t have to comply with the City’s underlying zoning requirements. The impact of permitting restaurants is expected to be minimal and will likely only occur on a few parcels in the city. KEY CONSIDERATIONS: The key considerations below were identified through department review, public comments, and an analysis of the zoning ordinance and the City’s guiding documents such as Plan Salt Lake and the Salt Lake City Urban Design Element. Adopted Master Planning Documents One of the guiding principles in Plan Salt Lake is to create a “balanced economy that produces quality jobs and fosters an environment for commerce, local business, and industry to thrive”. One of the City’s initiatives is to support the growth of small businesses, entrepreneurship and neighborhood nodes. Permitting additional uses in the Public Lands zone creates more economic opportunities for local businesses. The Salt Lake City Urban Design Element speaks to implementing pedestrian-oriented design to activate public spaces. Allowing restaurants in this zone would encourage their use in publicly owned spaces that are often underutilized. Impacts from Allowing Restaurants in PL Zoned Properties Potential Benefits of Permitting Restaurants • Permitting restaurants would activate existing buildings and public spaces that are currently underutilized or unprogrammed after peak business hours. • Restaurants would allow for a broader use of properties and provide an opportunity for local businesses to open and existing businesses to expand their operations. • Restaurant owners would have to sign a lease with Salt Lake City or the government entity that owns the land, which generates revenue and allows the entity to regulate the use. • Any new development would be required to adhere to the Public Lands Zoning District standards outlined in section 21A.32.070 of the Zoning Ordinance. Outside of public schools, all other permitted uses, such as a restaurant, must meet the following criteria: o Minimum Lot Area: 20,000 square feet (.4591 acres) o Minimum Lot Width: 75 feet o Maximum Building Height: Thirty-five feet (35’) o Minimum Yard [setback] Requirements:  Front, Rear and Corner Side Yards: Thirty feet (30’)  Interior Side Yard: Twenty feet (20’) o Landscape Yards: All front and corner side yards must meet the requirements outlined in chapter 21A.48.Landscape Buffers: Landscape buffers are required when a lot in the PL Public Lands District abuts a lot in a Single-Family or Two- Family Residential District. Landscaping buffer requirements can be found in chapter 21A.48. Potential Issues with Permitting Restaurants Issue 1: Signage Planning staff asked other city departments and divisions to review and provide feedback on the proposal. During the review process, the issue of how to regulate private signage on public property was raised. Section 21A.46 - Signs On Public Property states, “Except for portable signs authorized pursuant to section 21A.46.055 of this chapter, no sign shall be located on publicly owned land or inside street rights of way, except signs erected by permission of an authorized public agency.” Unless the signage code is amended, restaurants will be held to the standard above. This code may have to be addressed in the future as restaurants often provide signage to promote their business. Issue 2: Parking Per table 21A.44.030 Schedule of Minimum Off-Street Parking Requirements, restaurants are required to have two (2) parking spaces per 1,000 square feet of useable floor area. Shared parking is allowed when multiple uses share the same off-street parking facility. A new off-street parking ordinance has been transmitted to the City Council after receiving a positive recommendation from the Planning Commission on January 8, 2020. If adopted, the off-street parking requirement for restaurants would remain the same. All departmental review comments can be reviewed in Attachment F. Issue 3: Commercialization of Public Spaces There have been some concerns from residents and through past planning processes that commercializing public spaces is not appropriate. While the City would generate some revenue from private businesses wishing to operate on government owned land, the number of properties available is limited so the competition with the private market would be minimal. Regarding the current proposal, one resident spoke to this issue. They are in favor of allowing restaurants as a Conditional Use, subject to forceable restrictions, particularly if they are allowed to serve alcohol. Current code does not permit alcohol establishments within the zone. The Public Lands – 2 zone was established during the development of Library Square. This zone limits the size and types of permitted uses on public lands to minimize the impact a commercial business may have. While this is a separate zoning district, the uses are similar to the Public Lands zone. Summary: After reviewing applicable code requirements, staff believes adding restaurants as a permitted use aligns with the intent of the Zoning Ordinance and city-wide planning documents. Only 115 existing properties are zoned Public Lands that also meet the minimum lot size requirement of 20,000 SF for a permitted use. Upon a complete zoning review, these properties may not meet the other zoning standards outlined in code, thus could not accommodate the use. In addition, most properties are owned by a government entity so the business owner would have to sign a lease to operate on the property, which allows the use to be regulated to a higher extent. Staff agrees that the commercialization of public lands can be inappropriate. But because the Public Lands Zoning District has a limited number of permitted uses, adding restaurants to the land use table would not create additional impacts that couldn’t be mitigated through the existing regulations outlined in code. Adding a commercial element to the zone would also encourage a greater use of these properties which typically only support daytime uses. Staff supports allowing restaurants in the Public Lands Zoning District because in addition to supporting parks and open spaces, the zone already allows a variety of commercial uses. The existing commercial element of the zone makes it different than the Open Space or Natural Open Space Zoning Districts, which are designed to protect undeveloped open space and limit the number of commercial uses allowed. After reviewing city-wide planning documents, zoning regulations, and the existing land uses within the Public Lands Zoning District, staff has concluded that permitting restaurants will uphold the intent of the zone and is consistent with the purposes, goals, objectives, and policies of the city, thus recommends the Planning Commission transmit a positive recommendation to the City Council regarding the proposed text amendment. NEXT STEPS: The City Council has the final authority to make changes to the text of the Zoning Ordinance. The recommendation of the Planning Commission for this request will be forwarded to the City Council for their review and decision. ATTACHMENT A: PROPOSED TEXT AMENDMENT 21A.33.070: TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS: To view TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS in PDF, click HERE Legend: C = Conditional P = Permitted Use Permitted And Conditional Uses By District RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Restaurant P7 P P ATTACHMENT B: PUBLIC LANDS ZONING MAP ATTACHMENT C: PETITION TO INITIATE ATTACHMENT D: ANALYSIS OF STANDARDS ZONING TEXT AMENDMENTS 21A.50.050: A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one standard. In making a decision concerning a proposed text amendment, the City Council should consider the following: Factor Finding Rationale 1.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; Complies One of the guiding principles of the 2015 Plan Salt Lake is to create a balanced economy that fosters an environment for commerce, local business, and industry to thrive. Expanding the number of properties where a restaurant can operate supports business owners and the local economy. The Salt Lake City Urban Design Element encourages greater use of public areas for eating, entertainment, etc. It also speaks to the importance of prioritizing street-level activity when developing pedestrian-oriented spaces. Properties zoned Public Lands typically have daytime activity, but once the primary use closes for the evening the property isn’t fully utilized. Permitting restaurants would expand the operational hours and allow for more “eyes on the street”. 2.Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance; Complies The purpose statement of the Public Lands District is to specifically delineate areas of public use and to control the potential redevelopment of public uses, lands and facilities. The majority of the properties zoned Public Lands are government owned. Any development or business proposals on City-owned land would have to comply with the underlying zoning requirements, complete a site plan review, and receive various department approvals. State and Federally owned properties function independently and do not have to adhere to the City’s Zoning Ordinance. 3. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and Complies The proposed change primarily affects the base zoning district. If a parcel which is zoned Public Lands is also located within the airport overlay district or a local historic district, the proposal will have to comply with the applicable standards of the overlay district. 4. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design. Complies The proposed text amendment would diversify the use of existing public spaces and promote activity in spaces that are currently underutilized or unprogrammed. Promoting additional uses increases street activity and allows more opportunities for “eyes on the street”, thus increasing security. Restaurants would adhere to the established zoning standards outlined in section 21A.32.070 of code, such as, lot size, lot width, setbacks, and landscape buffers. Of the 247 properties zoned Public Lands only 115 properties could potentially meet the zoning requirements to accommodate a restaurant. ATTACHMENT E: PUBLIC PROCESS AND COMMENTS The following is a list of public meetings that have been held, and other public input opportunities, related to the proposed amendment: Recognized Organizations Notice: Staff contacted all community council chairs and recognized organizations on August 4, 2020. None of the community councils requested additional information or provided comments within the 45-day comment period. Open House: From August 4, 2020 to September 20, 2020, information and a request for comments regarding the proposal was posted to the City’s Online Open House page. Public Hearing Notice: A notice of the public hearing for this text amendment includes: −Public hearing notice published in the newspaper on October 17, 2020. −Public hearing notice was posted on City and State websites on October 15, 2020. − Public Comments: At the time of the publication of this staff report, five public comments have been received. The comments are included below. Any additional comments received will be forwarded to the Planning Commission. From:Steve Alder To:Roman, Amanda Subject:(EXTERNAL) Date:Monday, August 10, 2020 12:31:23 PM Facilities on public lands.  I am confused by the zone, since the city seems to deny that it has any zoning authority on state or federal lands, how does the city have any power to restrict or permit food or beverage services on public lands and if it can why can’t the city zone research park.  Sent from Mail for Windows 10 From:Jason Cowan To:Roman, Amanda Subject:(EXTERNAL) Petition Number: PLNPCM2020-00503 Permitting Restaurants Date:Saturday, August 15, 2020 2:27:23 PM Hello Ms. Roman, I am in support of permitting restaurants to use land deemed PL Zone. Restaurants need all the help they can get during this time and if expanding their operations to these PL zoned areas its good for us all. Thank you. Jason Cowan To call or text: From:James Webster To:Roman, Amanda Subject:(EXTERNAL) Restaurants on public lands Date:Wednesday, September 9, 2020 12:35:47 AM This appears as a gateway to enable Jon Bates et.al. to further commercialize public institutional lands as an unwarranted “educational or research mission”. Traffic impacts alone merit denial. Jim Webster, RLA Sent from my iPhone Sent from my iPhone From:René smink To:Roman, Amanda Subject:Re: (EXTERNAL) Restaurant in public lands zoning district : yes please Date:Monday, September 14, 2020 11:13:29 AM Perfect I vote YES Regards, Un Saludo, Met vriendelijke groet, René H.A. Smink From: Roman, Amanda <Amanda.Roman@slcgov.com> Sent: Monday, September 14, 2020 09:02 To: René smink <> Subject: RE: (EXTERNAL) Restaurant in public lands zoning district : yes please Rene, I hope you are well. Yes, if the amendment is approved and restaurants are listed as a “Permitted Use” then Cytybyrd would be able to operate on the weekends. Best, Amanda Roman Principal Planner PLANNING DIVISION COMMUNITY and NEIGHBORHOODS SALT LAKE CITY CORPORATION TEL 801-535-7660 www.slc.gov/planning From: René smink < > Sent: Sunday, September 13, 2020 8:46 PM To: Roman, Amanda <Amanda.Roman@slcgov.com> Subject: Re: (EXTERNAL) Restaurant in public lands zoning district : yes please Thanks , would this mean that the city bird at washington square could open weekends? Regards, Un Saludo, Met vriendelijke groet, René H. A. Smink ATTACHMENT F: DEPARTMENT REVIEW COMMENTS Public Utilities (Jason Draper at jason.draper@slcgov.com) “Public Utilities does not object to the proposed text amendment. All restaurants will be required to meet public utility standards, policies, and ordinances. All restaurants require grease removal systems. There may be cost associated with restaurants including meter costs, and sewer lateral replacement or installation to accommodate this use.” Transportation (Michael Barry at michael.barry@slcgov.com) “Each restaurant will need to accommodate the required off-street parking.” Public Lands (Kristin Riker at kristin.riker@slcgov.com) “I [Kristin Riker] have spoken with Public Services Attorneys and with Planning regarding the impact of this action. I am supporting to move this forward.” Engineering (Scott Weiler at scott.weiler@slcgov.com) Engineering has no objections. HAND (Lani Eggertsen-Goff at lani.eggertsen-goff@slcgov.com) HAND does not have any concerns related to this proposal. Zoning, Building and Fire (Gregory Mikolash at gregory.mikolash@slcgov.com) There are no zoning, building, or fire related issues associated with this request. Sustainability (Vicki Bennett at vicki.bennett@slcgov.com) No concerns from Sustainability. Police (Scott Teerlink at scott.teerlink@slcgov.com) No concerns from Police on this proposal. October 28, 2020 4. PLANNING COMMISSION C. Agenda & Minutes JOINT MEETING SALT LAKE CITY PLANNING COMMISSION & APPEALS (VARIANCE) HEARING MEETING AGENDA This meeting will be an electronic meeting pursuant to the Salt Lake City Emergency Proclamation October 28, 2020, at 5:30 p.m. (The order of the items may change at the Commission’s discretion) JOINT APPEALS HEARING AND PLANNING COMMISSION PUBLIC HEARING: As provided by City Code, a conditional use that includes a requested variance, may be heard simultaneously. Items 1 and 1A on the agenda will be heard during the same public hearing. After the public hearing is closed by the Planning Commission and concurred to by the Appeals Hearing Officer, the Commission will make a decision on the conditional use first, followed by the Appeals Hearing Officer. This Meeting will not have an anchor location at the City and County Building. Commission Members will connect remotely. We want to make sure everyone interested in the meeting can still access the meeting how they feel most comfortable. If you are interested in watching the joint meeting, they are available on the following platforms: •YouTube: www.youtube.com/slclivemeetings •SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2 If you are interested in participating during the Public Hearing portion of the meeting or in providing general comments, email; planning.comments@slcgov.com or connect with us on Webex at: •http://tiny.cc/slc-pc-appeals-10282020 Instructions for using Webex will be provided on our website at SLC.GOV/Planning PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM APPROVAL OF MINUTES FOR SEPTEMBER 30, 2020 AND OCTOBER 14, 2020 REPORT OF THE CHAIR AND VICE CHAIR REPORT OF THE DIRECTOR Extensions of Previous Approvals: the commission will discuss granting a one-year extension to all land use applications that are set to expire during the current public health emergency. Due to City building being closed and city staff working remotely, increased construction costs due to disruptions with the supply chain, and the impact of the current pandemic, submitting required plans and documents necessary to avoid a land use approval from expiring is requiring a longer period of time. The Planning Commission may consider granting an extension for all land use approvals that require an approved extension from the commission. PLANNING COMMISSION HEARING 1.Conditional Use for an ADU at approximately 1977 South Scenic Drive - Tim and Cathy Chambless, owners, request approval of a conditional use to establish a 1,313 square foot Acc-essory Dwelling Unit attached to the rear of their home at approximately 1977 South Scenic Drive. The subject property is located in the FR-3/12,000 Zone and is within Council District 6, represented by Dan Dugan. (Staff contact: Caitlyn Miller at (385) 315-8115 or caitlyn.miller@slcgov.com) Case number PLNPCM2020-00620 The Planning Commission will open the public hearing, which will serve as the public hearing for both the Planning Commission and the Appeals Hearing Officer. VARIANCE HEARING 1A. Variance for an ADU at approximately 1977 South Scenic Drive – Tim and Cathy Chambless, owners, request the granting of a variance to allow a proposed Accessory Dwelling Unit to encroach between 13 and 15 feet into the required 35-foot rear yard at approximately 1977 South Scenic Drive. The subject property is located in the FR-3/12,000 Zone and is within Council District 6, represented by Dan Dugan. (Staff contact: Caitlyn Miller at (385) 315-8115 or caitlyn.miller@slcgov.com) Case number PLNZAD2020-00490 Note: The Appeals Hearing Officer will not make a decision on this matter during the meeting and will issue a decision at a later date. Once the Appeals Hearing is closed the Planning Commission meeting will be resume business. PLANNING COMMISSION PUBLIC HEARING 2. Special Exception for Height at approximately 1400 East Federal Way - Geoffrey Tice, applicant, requests a special exception for additional building height to add a second story to the home located at 1400 East Federal Way. By ordinance the maximum building height is 20' for flat roofs; the applicant is requesting special exception approval to build to 27'6" in height. The property is located within the R-1-5,000 Zone and is within Council District 3, represented by Chris Wharton. (Staff contact: Caitlyn Miller at (385) 315-8115 or caitlyn.miller@slcgov.com) Case number PLNPCM2020-00465 3. Block 67 Changes to Building Design at approximately 131 South 300 West - A request by Emir Tursic, architect, to modify the approved hotel building of the Block 67 development located at approximately 131 S 300 W. The Planning Commission approved the Conditional Building and Site Design Review and Planned Development on November 8, 2017. The proposed modifications include changes to the design and massing of the building and material changes. These changes are required by ordinance to be reviewed by the Planning Commission. The site is zoned D-4 (Downtown Secondary Central Business District). The subject property is located within Council District 4, represented by Ana Valdemoros. (Staff contact: Molly Robinson at (385) 226-8656 or molly.robinson@slcgov.com) Case numbers PLNPCM2017-00448 & PLNPCM2017-00418 4. Central Station West Apartments Planned Development & Design Review at approximately 577 West 200 South - Eric Balls representing Gardner Batt LLC, has requested Planned Development and Design Review approval for the Central Station West Apartments project to be located at approximately 577 West 200 South. The proposed project is for a 65-unit apartment building on a 0.46-acre (20,000 square feet) parcel. The proposed building will be six stories in height. The property is located in the G-MU – Gateway- Mixed Use zoning district. The G-MU zoning district requires Planned Development approval for all new principal buildings and uses. In addition, Design Review approval has been requested in order to address some design aspects of the building including material choices, the length of blank walls and street-level glass requirements on the west façade of the building. The proposal is located within Council District 4, represented by Ana Valdemoros. (Staff contact: David J. Gellner at (801) 535-6107 or david.gellner@slcgov.com) Case numbers PLNPCM2020-00187 & PLNPCM2020-00647 5. Permitting Restaurants in the PL Public Lands Zoning District Text Amendment - Mayor Erin Mendenhall has initiated a text amendment to the zoning ordinance pertaining to restaurant uses within the PL – Public Lands Zoning District. Under the current ordinance restaurants are allowed to operate as an accessory use only. The amendment would allow restaurants to operate as a principal use. The purpose of the PL district is to provide areas in the city for public uses and regulate the development of those uses. The proposed amendment affects section 21A.33.070 Table of Permitted and Conditional Uses for Special Purpose Districts of the zoning ordinance. Related provisions of Title 21A-Zoning may also be amended as part of this petition. (Staff contact: Amanda Roman at (385) 386-2765 or amanda.roman@slcgov.com) Case number PLNPCM2020-00503 6. Billboard Ordinance Amendments - The City Council is requesting amendments to the zoning ordinance regulations regarding billboards. The proposed amendments would modify city code to align with state law, eliminating the city’s use of a “billboard bank” (a method for managing billboard relocations) to align more closely with Utah state law regulating billboards. The amendments would continue to prohibit new billboards. State law would regulate future billboard modification and relocation. The amendments also include specifics on size, height, and spacing of billboards, along with landscaping, when not already specified in the state law. The proposed amendments affect Chapter 21A.46 of the zoning ordinance. Related provisions of Title 21A-Zoning may also be amended as part of this petition. The changes would apply Citywide. (Staff contact: Casey Stewart at (385) 226-8959 or casey.stewart@slcgov.com) Case Number PLNPCM2020-00351 OTHER BUSINESS Chairperson and Vice Chairperson elections For Planning Commission agendas, staff reports, and minutes, visit the Planning Division’s website at slc.gov/planning/public-meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. Agenda items may not be heard in the order listed. The Appeals Hearing Officer reserves the right to change the order of agenda items as deemed necessary. To request the files for the above items please contact the Staff Planner. Visit the Planning Division website at www.slcgov.com/planning/planning-public-meetings for copies of the Appeals Hearing Officer meeting/hearing agendas, staff reports and decisions. Staff reports will be posted the Friday prior to the meeting Salt Lake City Planning Commission October 28, 2020 Page 1 SALT LAKE CITY JOINT PLANNING COMMISSION MEETING & APPEALS (VARIANCE) HEARING This meeting was held electronically pursuant to the Salt Lake City Emergency Proclamation Wednesday, October 28, 2020 A roll is being kept of all who attended the joint Planning Commission Meeting & Appeals (Variance) Hearing. The meeting was called to order at 5:31:07 PM. Audio recordings of the joint Planning Commission meeting & Appeals (Variance) Hearing are retained for a period of time. Present for the Planning Commission meeting were: Chairperson, Adrienne Bell; Vice Chairperson, Brenda Sheer; Commissioners, Maurine Bachman, Amy Barry, Carolynn Hoskins, Jon Lee, Matt Lyon, and Crystal Young-Otterstrom. Commissioners Andres Paredes, and Sara Urquhart were excused. Appeals Hearing Officer: Mary J. Woodhead. Planning Staff members present at the meeting were: Molly Robinson, Planning Manager; John Anderson, Planning Manager; Paul Nielson, Attorney; Caitlyn Miller, Principal Planner; David Gellner, Principal Planner; Amanda Roman, Principal Planner; Casey Stewart, Senior Planner; and Marlene Rankins, Administrative Secretary. 5:33:14 PM Chairperson, Adrienne Bell, read the Salt Lake City emergency proclamation. 5:34:12 PM Appeals Hearing Officer, Mary J. Woodhead concurs. APPROVAL OF THE PLANNING COMMISSION SEPTEMBER 30, 2020 AND OCTOBER 14, 2020, MEETING MINUTES. 5:35:37 PM Commissioner Scheer moved to approve the September 30, 2020 and October 14, 2020 meeting minutes. Commissioner Young-Otterstrom seconded the motion. Commissioners Barry, Bachman, Lee, Young-Otterstrom, Lyon, and Scheer voted “Aye”. Commissioner Hoskins abstained from voting for the October 14, 2020 meeting as she was not present. The motion passed 6-1. REPORT OF THE CHAIR AND VICE CHAIR 5:37:10 PM Chairperson Bell stated she had nothing to report. Vice Chairperson Scheer stated she had nothing to report. REPORT OF THE DIRECTOR 5:37:21 PM Molly Robinson, Planning Manager, reminded the commission regarding the added meeting for December 2, 2020. Salt Lake City Planning Commission October 28, 2020 Page 6 8:35:12 PM Permitting Restaurants in the PL Public Lands Zoning District Text Amendment - Mayor Erin Mendenhall has initiated a text amendment to the zoning ordinance pertaining to restaurant uses within the PL – Public Lands Zoning District. Under the current ordinance restaurants are allowed to operate as an accessory use only. The amendment would allow restaurants to operate as a principal use. The purpose of the PL district is to provide areas in the city for public uses and regulate the development of those uses. The proposed amendment affects section 21A.33.070 Table of Permitted and Conditional Uses for Special Purpose Districts of the zoning ordinance. Related provisions of Title 21A-Zoning may also be amended as part of this petition. (Staff contact: Amanda Roman at (385) 386-2765 or amanda.roman@slcgov.com) Case number PLNPCM2020-00503 Amanda Roman, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the case file). She stated Staff recommended that the Planning Commission forward a positive recommendation to the City Council. PUBLIC HEARING 8:45:29 PM Chairperson Bell opened the Public Hearing; Cindy Cromer – Stated her concerns on how the City determines the market rate negotiating a lease. There doesn’t appear to be standard lease for commercial and non-profit activities in public buildings. Zachary Dussault – Stated his support of the request. Seeing no one else wished to speak; Chairperson Bell closed the Public Hearing. The Commission and Staff discussed the following: •Clarification on permitted uses MOTION 9:10:55 PM Commissioner Lyon stated, based on the information in the staff report, the information presented, and the input received during the public hearing, I move that the Planning Commission recommend that the City Council approve the proposed text amendment, PLNPCM2020-00503 Permitting Restaurants in the PL – Public Lands Zone Text Amendment. Commissioner Hoskins seconded the motion. Commissioners Hoskins, Lyon, Lee, Bachman, and Barry voted “Aye”. Commissioner Scheer voted “Nay”. The motion passed 5-1. 5. ORIGINAL PETITION Petition PLNPCM2020-00503 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: Lisa Shaeffer, Chief Administrative Officer; Jennifer McGrath, Deputy Director Department of Community and Neighborhoods; From: Nick Norris, Planning Director Date: June 24, 2020 Re: Zoning amendment related to restaurant in the PL Public Lands Zoning District The Planning Division has been asked to provide input on the pros and cons of adding restaurants as a permitted use in the PL Public Lands Zoning District. The PL zoning district primarily includes government properties that are used for public schools, government buildings, and government operations. The purpose of the district is to provide areas in the city for public uses and regulate the development of those uses. The zoning district includes lands owned by the State of Utah and the United States. These lands are not subject to the zoning regulations, with the exception of public schools, which are subject to some local regulations. The zoning district contains some unique land uses that include a variety of food serving establishments, including the City and County Building and Smiths Ballpark and other unique properties such as the Wasatch Plunge building on 300 West. Adding restaurants to the table of permitted and conditional uses would be required for the use to be allowed in the zoning district. The benefits of doing this include: •Promoting broader use of the buildings and properties that are zoned PL, specifically those sites that already include similar uses such as the restaurant in the City and County Building and potentially restaurants on the Smith Ballpark property. •Activating existing public spaces that are typically difficult to program and activate due to the nature of the site. •Supports the incubation and provides opportunity for local businesses. •Generates some revenue for the government entity that owns the property. There may be some concerns with taking this approach, including: •Public lands containing commercial businesses competing with private property. This issue arose during the redevelopment of the Library Block and adding commercial space inside the library. The solution was to limit the size and type of uses to reduce competition with private property by creating a new zone (PL-2). •There may be barriers created by other zoning regulations, such as off-street parking requirements, that make it difficult to establish the use on property that does not have adequate parking to begin with. •Processing a zoning amendment requires diverting staff resources from other city priorities. A zoning amendment process can be started by one of four entities: •a property owner, •Mayor, •City Council, or •Planning Commission. l Page 2 The Planning Division typically provides a memo to the Mayor to sign to initiate a zoning amendment. The memo explains the issue, provides a brief description of the process, and the resources required. For this potential proposal, the process would follow the typical engagement processes that include notification of all community councils and a 45-day comment period. Following the 45-day comment period the Planning Division would prepare for a public hearing with the Planning Commission. After the Planning Commission makes a recommendation, the matter is transmitted to the City Council for a decision. In the interest of time and to avoid redundancy, 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 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 July 2, 2020