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Home My WebLink AboutPLNZAD2024-0435 - 231 E 400 SJune 3, 2024 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2024-00435 REQUEST: This is a request for an administrative interpretation regarding the Transit Station Area (TSA) zoning regulations, specifically regulations (A) and (C)-(E) of 21A.26.078.F.2.d(2). While no plans were submitted with this application, the applicant is intending to develop a student housing project and is requesting clarification of the zoning standards of the district. The potential project would be located on the parcel addressed as 231 E 400 S (Tax ID# 16-06-326- 015-0000), which is zoned TSA-UC-C. DECISION: The Zoning Administrator finds the following: 1. The shell space shall be at least twelve feet (12’) in height from finished floor of the ground floor unit to the finished floor of the level above. 2. Only the ground floor units that face 400 South or North Temple are required to have a direct entrance from the sidewalk to the unit. 3. ADA accessibility is only required for the ground floor units that face 400 South or North Temple. 4. Only the ground floor use area that face 400 South or North Temple shall include a porch, patio, stoop, or other entrance feature. Such entrance features shall be a minimum depth of five feet (5’). FINDINGS: Chapter 21A.26.078 contains regulations for the Transit Station Area zoning districts. 21A.26.078.F.2.d contains specific design standards that are applicable to ground floor uses and states that the required ground floor use area shall be built to accommodate commercial, institutional, or public uses: Ground Floor Use Requirement for 400 South and North Temple Boulevard: When facing 400 South or North Temple Boulevard, the ground floor use area required by Chapter 21A.37 of this title shall be built to accommodate an allowed commercial, institutional, or public use. Live/work uses qualify as a commercial use for this subsection. The applicant has requested clarification on multiple standards found in subsections 21A.26.078.F.2.d(1) and 21A.26.078.F.2.d(2) that apply to the ground floor space if it is used for a residential use: (1) Exception: Residential uses may be permitted within the required area in lieu of the required use, if the ground floor is designed so that it can be converted to an allowed commercial use in the future. To accommodate this conversion, the shell space of the ground floor shall be built to an occupancy standard required by the adopted building code that can accommodate conversion of the interior of the space to a future permitted commercial use. (2) The following additional requirements shall apply to the ground floor space if used for residential uses: (A)The shell space shall be at least twelve feet (12’) in height; (C)Each ground floor unit shall have a direct entrance from the sidewalk to the unit; (D)Each ground floor unit shall be ADA accessible; (E)Each ground floor unit shall include a porch, patio, stoop or other entrance feature that is a minimum depth of at least five feet (5’). Shell Space Height 21A.26.078.F.2.d requires the ground floor use area to be built to accommodate commercial, institutional, or public uses. 21A.26.078.F.2.d(1) allows for an exception to this requirement if the required ground floor use space is a residential use and is designed to be converted to an allowed commercial use in the future. Should a project include residential uses, then the additional standards in 21A.26.078.F.2.d(2) must be complied with. 21A.26.078.F.2.d(2) lists additional design standards for the required ground floor use areas if the required area is used for residential uses, including that “the shell space shall be at least twelve feet (12’) in height,” (21A.26.078.F.2.d(2)(A)). The language of 21A.26.078.F.2.d(2) specifically uses “ground floor,” and 21A.62.040 defines “floor” the same as “story”: STORY (FLOOR): The vertical distance between the finished floor of one level and the finished floor of the level above or below. Therefore, the shell space of the required ground floor use space, if used as a residential use, shall be a minimum of 12’ in height, measured from the finished floor of the ground floor unit to the finished floor of the level above. 21A.26.078.F.2.d(2) Additional Requirements Furthermore, the applicant has requested clarification on the applicability of the additional requirements found in 21A.26.078.F.2.d(2)(C)-(E). 21A.26.078.F.2.d is clear on when the ground floor use requirements must be met and specifies that they are only applicable “when facing 400 South or North Temple Boulevard.” Title 21A does not define “facing,” so the interpretation relies on the definition from Webster’s Dictionary, per 21A.62.010. Merriam- Webster’s defines facing as “(1) located directly across from something, (2) having the front oriented toward a specified direction or location, usually used in combination.” Therefore, the additional design requirements of 21A.26.078.F.2.d(2) only apply to the ground floor units that satisfy the street-facing ground floor use requirement of 21A.37.060.B and which shall be (1) located directly across from or (2) has the front oriented toward 400 South or North Temple Boulevard. The standards of 21A.26.078.F.2.d do not apply to other ground floor units that do not face 400 South or North Temple Boulevard and that are not used to satisfy the ground floor use requirements. If you have any questions regarding this interpretation, please contact Ben Buckley at (801) 535- 7142 or by email at benjamin.buckley@slcgov.com. APPEAL PROCESS: An applicant or any other person or entity adversely affected by a decision administering or interpreting this Title may appeal to the Appeals Hearing Officer. Notice of appeal shall be filed within ten (10) days of the administrative decision. The appeal shall be filed with the Planning Division and shall specify the decision appealed and the reasons the appellant claims the decision to be in error. Applications for appeals are located on the Planning Division website at https://www.slc.gov/planning/applications/ along with information about how to apply and processing fees. Ben Buckley Associate Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager and Development Review Supervisor Posted to Web Attachments: Vicinity map of subject property Applicant's interpretation ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 200 E 300 E 200 S 300 S 400 S State St 500 S Blair St Edison StFloral St Dubei Ct Stanton Ave Moffatt Ct Mortensen Ct P e o p l e s W a y 500 S Exchange Place Cramer House Oquirrh School Smith Apartments Corona Apartments Sampson Apartments Altadena Apartments Fritsch Block (J.A.) Congregation Montefiore First Church of Christ Scientist First Methodist Episcopal Church Salt Lake City and County Building 210451 475 240 525 250 375 160 333 322 531 175 325 350 380 330 350 215 381 535 275 550 376 111 245 250 309 285 231 350 140 310 250 349 261 350 338242 135 245 345 231 225 256 330 180 370270 151 210 430 250 324 311 330 268 352 203 220 333 560 120 204 307 448 255 279223 540 218 333 350 160 250 150 268 325 275 241 225 166 235 332 217 375 212 228 320 335 355 243 555 235 254 460 261 466 350 PL D-1 PL-2 D-2 R-MU D-1 R-MU D-1 D-1 RO R-MU PL-2 D-3 D-1 RO R-MU TSA-UC-C TSA-UC-C TSA-UC-C RMF-45 SR-3R-MU R-MU R-MU R-MU-45 TSA-UC-C D-1 SR-3 R-MU R-MU RMF-35 TSA-UC-C Vicinity Map ¯ Salt Lake City Planning Division 6/3/2024 600 S 300 S 600 E West Temple St 0 280 560Feet Subject Property National Historic Districts ^National ^National/Local Proposed Midblock Walkways (Downtown Plan) Zoning Districts D-1 Central Business District D-2 Downtown Support District D-3 Downtown Warehouse/Residential District SR-3 Special Development Pattern Residential RMF-35 Moderate Density Multi-Family Residential RMF-45 Moderate/High Density Multi-Family Residential R-MU Residential/Mixed Use RO Residential/Office R-MU-45 Residential/Mixed Use TSA-UC-C Urban Center- Core PL Public Lands PL-2 Public Lands 2 ADMINISTRATIVE INTERPRETATION LETTER REQUEST 231 E 400 SOUTH PROJECT NARRATIVE PROJECT Q3 Student Housing is intending to develop a new student housing project at 231 E 400 South in the TSA-UC-C zone. As we begin to design the project, we would like to confirm our interpretations of the city zoning code. We have the following questions in blue as it relates to the code section 21.A.26.078. ZONING CODE TSA Transit Station Area District, 21.A.26.078, subsection F(2)d. d. Ground Floor Use Requirement For 400 South and North Temple Boulevard: When facing 400 South or North Temple Boulevard, the ground floor use area required by Chapter 21A.37 of this title shall be built to accommodate an allowed commercial, institutional, or public use. Live/work uses qualify as a commercial use for this subsection. (1) Exception: Residential uses may be permitted within the required area in lieu of the required use, if the ground floor is designed so that it can be converted to an allowed commercial use in the future. To accommodate this conversion, the shell space of the ground floor shall be built to an occupancy standard required by the adopted building code that can accommodate conversion of the interior of the space to a future permitted commercial use. (2) The following additional requirements shall apply to the ground floor space if used for residential uses: (A) The shell space shall be at least twelve feet (12') in height; We interpret this as the height from finished floor to finished floor. Is this correct? (B) The street facing facade of each ground floor residential unit shall be at least sixty percent (60%) glass; (C) Each ground floor unit shall have a direct entrance from the sidewalk to the unit; We interpret this as applying to the ground floor units facing 400 South, not ground floor units that do not face the street (400 South) or have direct access to 400 South. If the purpose of the ordinance is to allow street activation with an existing residential or future commercial use, this makes the most sense. Is our interpretation correct? (D) Each ground floor unit shall be ADA accessible; We interpret this as applying to the ground floor units facing 400 South that have direct access to the sidewalk. Is this correct? In addition, what definition of ADA accessible do you require? Housing usually comes under Fair Housing standards. If the intent is to allow future conversion to a commercial space, this would imply that we only need to have wheelchair access to the street-facing unit that has access to the sidewalk. and (E) Each ground floor unit shall include a porch, patio, stoop or other entrance feature that is a minimum depth of at least five feet (5'). We interpret this as applying to the ground floor units facing 400 South, not ground floor units without direct access to the 400 South sidewalk. Our intent is not to have access other than interior corridor access depending on your response to (C). Is our interpretation correct?