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Entity Staff Report - 8/20/2021CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer Policy Analyst DATE:August 17, 2021 RE: Permitting Restaurants in the PL – Public Lands Zoning District PLNPCM2020-00503 The Council will be briefed about a zoning text amendment initiated by Mayor Mendenhall to amend the land use table in Section 21A.33.070 Salt Lake City Code and add restaurants as a permitted use within the Public Lands (PL) zoning district. Currently restaurants are not permitted or conditional uses within the zone but are accessory uses to serve and contribute to a principle use and are located on the same lot as well as under the same ownership as the principal use. Planning staff identified 113 Public Lands parcels meeting the minimum 20,000 square foot requirement for a permitted use, with 25 of those owned by Salt Lake City Corporation. Others are owned by the Salt Lake City Board of Education, the State or Federal government (not under City jurisdiction) or are privately owned. (See attachment B (page 20 of the Administration’s transmittal) for a map of parcels zoned PL.) While these parcels would meet the minimum lot size for permitted use, there are other requirements including lot width and building setbacks that might not be met. It is Planning staff’s opinion potential impact of permitting restaurants in the Public Lands zone would be minimal and likely happen on only a few parcels within the city. Number of parcels zoned PL PL Parcels greater than 20,000 sf (which could potentially accommodate a restaurant use) PL parcels greater than 20,000 sf owned by Salt Lake City PL parcels greater than 20,000 sf owned by Salt Lake City Board of Education PL parcels greater than 20,000 sf owned by other entities (government or private) 247 113 25 65 23 Item Schedule: Briefing: August 17, 2021 Set Date: August 17, 2021 Public Hearing: September 7, 2021 Potential Action: September 21, 2021 Page | 2 Planning staff noted an example of a restaurant that could benefit from the proposed change. Cytybyrd Café in the City & County Building operates as an accessory use to the principle governmental use of the building. This limits hours the café can operate to Monday – Friday until 4:00 pm. Under the proposed change allowing restaurants as a permitted use Cytybyrd could stay open into the evenings and on weekends. Planning staff stated the proposed text amendment might activate other buildings that are underutilized or unprogrammed after peak operating hours. It should be noted the Open Space, Natural Open Space, and Public Lands 2 zoning districts are similar to the Public Lands zoning district, but they are separate and would not be affected by the proposed change. In an analysis of standards for zoning text amendments, Planning staff found the proposal complies with all standards. See Attachment D (pages 23-24) of the Administration’s transmittal for the detailed analysis. Planning staff recommended and the Planning Commission forwarded a positive recommendation to the City Council for the proposed text amendment. Goal of the briefing: Review the proposed text amendment, determine if the Council supports moving forward with the proposal. POLICY QUESTION 1.Is the Council supportive of the proposed text amendment? 2.The Council may wish to inquire if there is any notification process required for adjacent property owners if uses change/expand within a certain distance of a property line, or if there are instances where that could be helpful (for example, if a parcel is located adjacent to residences). KEY CONSIDERATIONS Planning staff identified two key considerations which are summarized below. For the complete analysis see pages 16-18 of the Administration’s transmittal. Key Consideration #1: Adopted Master Planning Documents A guiding principle 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 survive.” Planning staff noted the Salt Lake City Urban Design Element speaks to implementing pedestrian-oriented design to activate public spaces. It is Planning staff’s opinion allowing restaurants in the PL zone would encourage use in these often underutilized publicly owned spaces. Key Consideration #2: Impacts for Allowing Restaurants in PL Zoned Properties Potential benefits of permitting restaurants: Activate existing buildings and public spaces underutilized or unprogrammed after peak business hours. Allow broader property use and allow local businesses to open and existing businesses to extend operations. Restaurant owners would sign a lease with Salt Lake City (for City owned parcels), generating revenue. New development would be required to follow Public Lands Zoning District standards. Potential issues with permitting restaurants: Signage Page | 3 o During City department review of the proposal the issue of regulating private signs on public property was raised. Currently City Code states only portable signs are allowed on publicly owned land. The code may need to be amended to allow signage to promote restaurants. Parking o Restaurants are required to have two parking spaces per 1,000 square feet of usable floor area. Shared parking is allowed when more than one use shares the same parking facility. If the new off-street parking ordinance is adopted by the Council, this parking requirement would remain the same. Commercialization of public spaces o During previous planning processes some residents shared concerns about commercializing public spaces. The City could generate revenue from private businesses operating on government land, but there are few properties that meet requirements so Planning staff stated competition with the private market would be minimal. A resident commented to Planning staff they support allowing restaurants as a conditional use subject to restrictions, particularly if alcohol is served. Current code does not permit alcohol establishments in the PL zone. In the key considerations summary Planning staff stated the following: “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.” PUBLIC PROCESS • August 4, 2020 Planning staff contacted all community council chairs and recognized organizations about the proposal. None requested additional information or provided comments during the 45-day comment period. • August 4, 2020-September 20, 2020 proposal information and request for comments was posted to the City online open house page. • October 15, 2020 Public hearing notice posted on City and State websites. • October 17, 2020 Public hearing notice published in the newspaper. • As of publication of the Planning Commission staff report five comments were received by Planning staff. Three were supportive of the proposal, one was opposed, and one asked for clarification. To date Council staff has not received any comments on the proposal. Any comments received will be forwarded to Council Members.