HomeMy WebLinkAboutPLNTSD2023-00359 - 940 W 200 SERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
PLANNING DIVISION
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV
P.O. BOX 1580, SALT LAKE CITY, UTAH 84114 TEL 801.535.7757
June 5, 2024
Travis Nicholes
JZW Architects
45 E Center Street, Suite 202
North Salt Lake, Utah, 84054
RE: Transit Station Area Development Score Review for Petition PLNTSD2023-00359
2nd South Apartments, 940 W 200 S
Dear Travis,
This letter is a notification of the development score review as determined by the Planning Division staff.
Pursuant to chapter 21A.10 of the Salt Lake City Zoning Ordinance, a notice of application was sent out
on March 12, 2024. The noticing period ended on March 25, 2024. No response was received from
abutting property owners related to the project. After completing a review of the revised plans, staff has
given the proposed building a score of 147 out of the submitted 147.
Please see attached scoring sheets for more information. This means that no public hearing is required,
and the project is now authorized to go through the standard building permit process.
The development score is approved with the following conditions:
1. Legally binding documentation confirming that at least 33% of the dwelling units within the
development will remain affordable to those with 60% or less of the area median household income
for at least 15 years must be submitted to the Planning Division before building permits can be issued
for this project.
2. Any significant changes made to the approved plans, elevations, or site plan must be approved by the
Planning Division to verify the development maintains a sufficient development review score for
administrative approval.
3. Any other changes made to the plans or other documentation (including the affordable housing
agreements) that may reduce the score must be reviewed and approved by the Planning Division to
ensure that the proposal remains in compliance with the minimum score for administrative approval.
As the applicant, you have the option to appeal this development score review to the Planning
Commission. If you choose to appeal, a public hearing will be required per the requirements of the Salt
Lake City Zoning Ordinance.
If you are satisfied with the score given, you can continue with your building permit submittal with
Building Services. A full zoning review will be completed as part of the building permit review to verify
that the drawings submitted for your building permit comply with the applicable zoning requirements.
Additionally, the plans submitted for your development score will be compared with the plans submitted
for your building permit, and you will be notified if there are any discrepancies between the two set s. If
you have any further questions about this process, please contact me at 801-535-7168 or by e-mail at:
trevor.ovenden@slcgov.com
Sincerely,
Trevor Ovenden
Principal Planner
Attachments:
1.TSA Development Guidelines Scoring Sheet from City Staff
2.Preliminary Zoning Review Comments
3.Pages from Submitted Plans
4.Affordability details from Applicant
Transit Station Area Development Guidelines Checklist
See full Design Guideline document for all applicable point details.
CA
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(Unless otherwise noted, points
may only be obtained from one
item in each guideline section.)
GUIDELINE SECTION ITEM DESCRIPTION VA
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More than 50 dwelling units per acre;
Buildings that are up to 80% of the allowable building
height; or
Buildings with a Floor to Lot Area ration of 3 or more. 20
More than 30 dwelling units per acre;
Buildings that are up to 70% of the allowable building
height; or
Buildings with a floor to lot area ratio of 2 or more.15
More than 20 dwelling units per acre;
Buildings that are at least 60% of the allowable building
height; or
Buildings with a floor to lot area ratio of 1 or more.10
More than 25 dwelling units per acre;
Buildings that are up to 80% of the allowable building
height; or
Buildings with a Floor to Lot Area ratio of 2 or more.12 12 12
More than 20 dwelling units per acre;
Buildings that are up to 70% of the allowable building
height; or
Buildings with a floor to lot area ratio of 1.5 or more.8
More than 15 dwelling units per acre;
Buildings that are at least 60% of the allowable building
height; or
Buildings with a floor to lot area ratio of 1 or more.5
100% of the gross floor area on the ground floor is dedicated
to a use different than what is on the floors above. 20
At least 75% of the gross floor area on the ground floor is
dedicated to a use different than what is on the floors above. 15
At least 50% of the gross floor area on the ground floor is
dedicated to a use different than what is on the floors above.10
A project that includes at least two uses that are different
than existing uses on adjacent properties.
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1.A. Intensity and Density of Use
(Applicable to Core Area Only.)
A project that meets at least one of
the following requirements:
1.B. Intensity and Density of Use
(Applicable to Transition Area
only.)
A project that meets at least one of
the following requirements:
2. Integrated Mixed of Uses:
If the ground floor of a building is
designed for retail, restaurant, or
other use other than residential on
the ground floor. The guideline
applies to street facing habitable
space only and not the entire ground
floor area. The following points
shall be added to the development
score:
NOTES
105 units on .63 acres = approximately 167
units/acre.
July 2017 1 of 18 Subtotal (For Page):
Transit Station Area Development Guidelines Checklist
See full Design Guideline document for all applicable point details.
33% or more of the total dwelling units.
40 40 40
20% or more of the total dwelling units.
30
10% or more of the total dwelling units.
20
Areas rated 5 or greater
20
Area rated 3 or greater
10
33% or more of the total dwelling units.8
15% or more of the total dwelling units 5
10% or more of the total dwelling units.3
A minimum of 1500 square feet.15
A minimum of 1000 square feet 10
A minimum of 500 Square feet 5
50% or more of the existing surface parking lot is covered
by new buildings.15
35% or more of the existing surface parking lot is covered
by new buildings.10
25% or more of the existing surface parking lot is covered
by new buildings.5
A new building that meets the standards of the TSA zoning
district and replaces a building that does not meet the
standards.10
A project that includes replacing a nonconforming use with a
use that is allowed in the TSA zoning district.
5
8. Removal of Billboards
A project that includes
redevelopment of a site containing a
billboard:
An existing billboard is legally removed by the developer as
part of a redevelopment project.10
The project utilizes a roof design, such as a landscaped roof,
that is intended to reduce energy use, storm drainage runoff
or other similar sustainable policy of the City.
10
The project utilizes landscape designs and materials that
conserves energy, reduces the urban heat island, conserves
water, retains or reuses storm drainage or other similar
sustainable policy of the City. Documentation must be
provided to indicate how the project will incorporate this
guideline.5
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5. Community Serving Uses
Projects the include the following
area of community serving uses:
(Refer to Guidelines for qualifying
uses.)
6. Redevelopment of Surface
Parking Lots
A project that includes the
redevelopment of an existing
surface parking lot to an active use
or structured parking:
4. Accessible Dwelling Units
A project which includes dwelling
units designed as ADA accessible:
3.A. Mixed Income Housing
A project that includes affordable
housing available to those with 60%
or less of the median household
income of the City for sale or lease
shall have the following number of
points added to the development
score:
3.B. Mixed Income Housing
An affordable housing project that
is located in an area identified in the
“Opportunity Index” map (as used
in the latest available Utah Housing
Corporation Allocation Plan) or its
successor as determined by the
Planning Director, with a rating of
at least 3 or greater shall receive the
following points:
9. Sustainable Site and Open Space
Design
A project that incorporates adopted
sustainable policies of the City:
(Points may be obtained from both
items.)
7. Redevelopment of
Nonconforming Use or
Noncomplying Building
A project that includes
redevelopment of a site containing a
nonconforming use or non-
complying building:
Legally binding documentation confirming that
at least 33% of the dwelling units within the
development will remain affordable to those with
60% or less of the area median household
income for at least 15 years must be submitted to
the Planning Division before building permits
can be issued for this project.
July 2017 2 of 18 Subtotal (For Page):
Transit Station Area Development Guidelines Checklist
See full Design Guideline document for all applicable point details.
Platinum 50
Gold 40
Silver 30
1. The project is certified as having 100% of its energy
needs served by renewable power either from on or off-site
sources. If development relies on off-site power,
documentation must be provided showing at least 20 year
commitment to power source 50
2. The project is certified as having 50% its energy needs
served by renewable power either from on or off-site
sources. If development relies on off-site power,
documentation must be provided showing at least 20 year
commitment to power source 25
3. Solar array: 5 points for every 500 square feet of solar
panels. Maximum 20 points.20
4. Geothermal heating and cooling systems 10
5. The project is designed with passive, energy efficient
features that include awnings or solar shades over all
windows, or other similar passive energy saving features. 5
Architectural detailing is wrapped around all four sides. See
guideline document for specific detailing requirements. 20
Architectural detailing is wrapped around both side facades
of a building, but not on the rear façade. See guideline
document for specific detailing requirements.15
Local Register: New construction, major alterations and
additions that are approved by the Historic Landmark
Commission that include reuse of the site.40
National Register: State Historic Preservation Office review
and approval of exterior alterations to buildings not locally
designated, but on the national register and seeking federal
tax credits 40
Projects that are adjacent to a local or national designated
property that are compatible with the historic property
through building mass and bulk, setbacks and design features
as determined by the Planning Director 20
Local Register: Projects that receive administrative
approval in accordance with Zoning Ordinance Section
21A.34.020.5
Projects that add historically significant sites to the Salt Lake
City Register of Cultural Resources if they qualify as defined
in Zoning Ordinance Section 21A.34.50
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10. Green Building
The following points will be
awarded based on the level of
LEED certification:
11. Energy Efficiency
Projects that incorporate energy
efficiency into the design of the
project shall have the following
points added to the development
score:
(For guidelines 1 through 4,
points may only be obtained from
one item. Points from guidelines 1
through 4 may be combined with
points from guideline 5.)
12. 360 Degree Architecture
A project that incorporates
architecture features on building
facades that are not adjacent to a
street:
(See Guideline for required
elements.)13. Historic Preservation
Projects that preserve, rehabilitate,
restore, reuse a historic property or
new construction that contributes to
the character of a historic property
or district:
July 2017 3 of 18 Subtotal (For Page):
Transit Station Area Development Guidelines Checklist
See full Design Guideline document for all applicable point details.
At least 80% of the street facing façades above the ground
floor are clad in durable, high quality materials, as listed
above, excluding glazing, doors, and trim 20 20 20
At least 70% of the street facing facades above the ground
floor are clad in high quality, durable materials as listed
above, excluding glazing, doors, and trim 15
15. Corner Buildings
Buildings located on the corners of
intersecting streets that address both
streets:
When located on the corner of two intersecting streets, the
primary entrance of the building addresses the corner by
including a hinged, rounded, beveled, open bay, mitered
orientation or similar entrance feature.10
A rooftop of a building is used as a common space for the
building occupants.6 6 6
A roof includes at least one of the following design features:
Two or more sloping planes visible from a public street;
An arched or barrel vaulted design;
A distinguishable cornice or parapet;
Overhangs that are a minimum of 12 inches in depth to
create a shadow line.
5
17. Eyes on the Street and Public
Spaces
Buildings that are designed to have
windows, doors, balconies or other
similar features facing public streets
and open spaces:
Operable openings, balconies, verandas or other similar
features on all levels of the building that face a public space
and allow visibility into the public space. Balconies need to
have a minimum depth of 5 feet and include at least 30
square feet of space 15
18. Lighting
A project that includes a lighting
plan that accomplishes at least one
of the following:
Casts light from store fronts onto the sidewalk;
Highlights unique architectural features of a building; or
Highlights artwork or unique landscape features.
6
A sign that is mounted perpendicular to the primary building
façade and oriented to the pedestrian (projecting business
storefront sign).2
An awning or canopy sign that is integrated into the design
of the building.2
A monument sign that is integrated into the site and
compatible with the building architecture.2
A project includes a minimum of 15% of the total lot area.15
A project includes a minimum of 10% of the total lot area.10
A project includes a minimum of 5% of the total lot area.
5
A public space, regardless of size, that is located near a
transit station and includes seating, art, protection from the
elements or other feature intended to activate the space or
make it comfortable (must be within 330 feet of transit
station).3
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20. Public Spaces and Plazas
Projects that include active, outdoor
spaces, that are accessible to the
public and adjacent to a public right
of way:
19. Signs
Signs that meet the intent of this
guideline shall have the following
points added to the development
score:
16. Rooftop Design and Use
A project that incorporates a
rooftop use:
(Points may be obtained from both
items.)
14. Building Materials
Projects that incorporate high
quality, durable and low
maintenance building materials:
Fiber cement panels and brick veneer will be
used on the upper floors of the street facing
façade.Small amount of stucco used on front
elevation above the first floor.
Rooftop courtyard area is shown on the plans.
July 2017 4 of 18 Subtotal (For Page):
Transit Station Area Development Guidelines Checklist
See full Design Guideline document for all applicable point details.
At least 4 street furnishings 3
At least 3 street furnishings 2 3 3
At least 2 street furnishings 1
22. Public Artwork
Projects that include public art in a
location where it is readily visible
from a public space:
2 points per art piece, up to a maximum of 6 points
6
Projects that include a minimum six foot wide ADA
accessible walkway through a parking lot that is separated
from vehicle drive aisles.4 4 4
Projects that include a minimum six foot wide ADA
accessible sidewalk from private property to public open
spaces.4
The project includes lockers, changing rooms for cyclists
and showers.6
The project includes any bicycle amenity identified in the
Bicycle Amenity section of the Transit Station Area
Development Guidelines.3 3 3
The project incorporates art into the design of the bicycle
amenity.3
The project is located within 300 feet, measured along the
most direct, legal walking path.
15
The project is located within 750 feet, measured along the
most direct, legal walking path.
10
The project is located within 1500 feet, measured along the
most direct legal walking path.
5
25.B. Access to Transit:
A development that provides transit
passes to residents as follows:
A multi-family residential development that provides transit
passes to residents through the City’s transit pass program
for a minimum period of three years from the development’s
initial occupancy. Passes shall be available for free to
residents at request. At least one pass shall be available per
unit. Verification from Transportation division of minimum
3 year participation is required.15
The project includes a narrow street or alley through the
project that accommodates people walking, biking and
driving.30
The project includes a walkway accessible to the public that
is a minimum of 10 feet wide that connects through the
property to a public space, such as park, trail or street or
similar area and allows for the walkway to be continued on
adjacent properties.20
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23. Connections and Walkways
Projects that include connections
and walkways from buildings,
parking lots and private open space
to public spaces:
(Points may be obtained from both
items.)
24. Bicycle Amenities
A project that includes bicycle
parking amenities in addition to
what is already required in the
zoning ordinance:
(Points may be obtained from
multiple items.)
26. Public Walkways Interior to
the Block
A development that includes public
walkways through the interior of
blocks:
(To qualify for these points, the
walkways cannot be fenced or
gated.)
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21. Streetscape Amenities
A project that includes street
furniture, pedestrian amenities,
public art or other similar features
intended to improve the streetscape:
25.A. Access to Transit:
A project located within close
proximity to a transit station shall
have the following number of points
added to the development score:
(Applies to any TRAX or
Frontrunner station platform or
any bus stop where three or more
separate bus routes come together.)
Outdoor benches shown on page A1.11 of
drawints.
6' wide path ADA path shown on page A1.11 of
drawings.
Bike storage room is shown on plans.
July 2017 5 of 18 Subtotal (For Page):
Transit Station Area Development Guidelines Checklist
See full Design Guideline document for all applicable point details.
100% of the parking structure is wrapped with high quality,
durable materials or habitable space with a depth of at least
25’ on all street facing facades.25 25 25
75% of the parking structure is wrapped in high quality,
durable materials or habitable space with a depth of at least
25’ on all street facing facades.20
For below grade parking structures, there is no visible
evidence of the parking garage other than the parking
entrance. The ground floor uses must have entrances at
grade, without the use of ramps, to qualify.25
Parking for alternative fuel vehicles, scooters, mopeds,
motorcycles, or other similar vehicle is provided at a rate
equal to 7% of the total number of spaces provided for
automobiles.5
A project includes dedicated parking stalls/equipment for a
car sharing program.3
A project includes a charging station for electric vehicles:
Level 1 Station: 2 pts per stall, max. 6
Level 2 Station: 3 pts per stall, max 9
Level 3 Station: 4 pts per stall, max. 12 12 9 9
Residential developments with a parking ratio less than 1
stall per unit: 25 25 25
Residential development with a parking ratio less than 1.25
stall per unit 15
Non-residential developments with a parking ratio less than
2 stalls per 1,000 gross square feet 20
Projects that have been presented to the associated
community council and have notified residents and property
owners within 300 feet via mail about when and where the
community council presentation will be held 10
Projects that have been presented at an open house for the
proposal on the development site and have notified residents
and property owners within 300 feet via mail about when
and where the open house will be held 10
Approval Process Ap
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Administrative (Staff) Approval 125 points or more 147 147
27. Parking Struture Design
Parking structures that incorporate
the following:
29. Parking Ratios
Projects that provide parking in the
ratios indicated:
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30. Neighborhood Input
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28. Alternative Vehicle Parking
Projects that include dedicated
parking stalls for alternative fuel
vehicles, scooters, mopeds or
motorcycles:
(Points may be obtained from
multiple items.)
Habitible space with a depth of at least 25' is
shown on the ground floor street facing façade.
Parking strucutre is wrapped with durable
materials on the street facing façade.
Three charging stations shown on plans.
77 parking stalls provided for 105 units.
July 2017 6 of 18 Subtotal (For Page):
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLC.GOV/PLANNING
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 Document Version 10/14/2020 TEL 801-535-7757 FAX 801-535-6174
Preliminary Zoning Review
The below is a preliminary review of the development for zoning compliance as part of your TSA
Development Score review. Further review will be performed as part of your building permit review and
additional compliance issues may be identified.
Proposed Land Use
☒Permitted ☐Conditional ☐Not Allowed ☐Not Listed/Defined
Comments: Multifamily dwellings are permitted in TSA-UN-T
21A.26.010 General Provisions:
☒Applicable ☐Not Applicable
Are applicable standards complied with? ☐Complies ☐Does Not Comply
o Trash Containers (21A.26.010.C.1)
• Required to be stored inside or screened (with solid material see 21A.48).
▪ Trash room shown on plans within the building.
o Complies
o Lighting not directed outside lot (21A.26.010.C.2)
• No lighting shown on plans.
o Lighting plan will be required for building permit review.
o Outdoor Sales/Display/Storage
• None.
o Parking/Loading/Landscaping/Signs:
• See other code review sections for compliance.
Base Zoning District Standards 21A.26.078 – TSA-UN-T
☒Applicable ☐Not Applicable
Are applicable standards complied with? ☐Complies ☐Does Not Comply
o Height (21A.26.078.E):
• Min: No minimum
• Max: 50’ allowed + one floor
▪ Height shown on plans is 65’ to parapet wall.
• Complies
o Front Yard Setbacks
• No minimum.
• At least 50% of façade must be within 5' of the front or corner side property line.
▪ Architecture Site Plan (Pg A0.00) appears to show compliance with this
requirement.
o Side and Rear Yard Setbacks
• None required
▪ Complies
⚫ Page 2
o Minimum Lot Area/Lot Width (21a.26.078.E4):
• 2,500 square feet/40 feet.
▪ Properties have not been consolidated – Consolidation is recommended before
building permit review.
o Open Space Area (21a.26.078.E5):
• 1 square foot or open space for every 10 square feet of lot area, up to 2,500
square feet.
▪ Rooftop common space appears to meet this requirement.
o Circulation and Connectivity (21A.26.078.E):
• No parking lot provided.
• Parking prohibited between building façade and front/corner side property line.
o EIFS and Stucco Limitation (21A.26.078.F.2.a)
• EIFS or traditional stucco is not allowed as a building material on the ground floor of
street facing building facades. Stucco is allowed for up to ten percent (10%) of the upper
level street facing facades.
• Fiber cement paneling and brick veneer will be used as ground floor
façade materials.
• Approximately 349 square feet of stucco is shown on upper elevations.
o Complies.
o Front Yard Design Requirements (21A.26.078.F.2.b.(2):
• At least 30% of the provided front yard must be covered in live plant material.
▪ May or may not comply. Landscape plan will be required for building
permit submission.
o Entry Feature Requirements (21A.26.078.F.2.c): All required building entries shall
include at least one of the following features:
1) An awning or canopy over the entrance that extends a minimum of five feet (5') from the
street facing building facade;
2) A recessed entrance that is recessed at least five feet (5') from the street facing facade;
3) A covered porch that is at least five feet (5') in depth and at least forty (40) square feet in
size; or
4) A stoop that is at least two feet (2') above sidewalk level and that includes an awning or
canopy that extends at least three feet (3') from the street facing building facade.
▪ Cannot verify with submitted plans.
• 5’ recessed entry features included
o Complies
⚫Page 3
Overlay Zoning District Standards 21A.34
☒Applicable ☐Not Applicable
Comment: Airport Flight Path Protection Zone H - 21A.34.040
Are applicable standards complied with? ☒Complies ☐Does Not Comply
21A.36 General Provisions:
☒Applicable ☐Not Applicable
o Recycling And Construction Waste Management (21a.36.250)
o Recycling collection station provided
▪Complies
21A.37 Design Standards
☒Applicable ☐Not Applicable
Are applicable standards complied with? ☐Complies ☐Does Not Comply
21a.37.050 Design
Standard Regulations #'/% Complies? Comment
Ground floor use (%) (21A.37.050A1)80%
No* *Application was deemed complete
before new active ground floor use
requirements were adopted.
Ground floor use + visual interest (%)
(21A.37.050A2)60/25 N/A
Building materials: ground floor
(%) (21A.37.050B1)90% Yes 100% durable materials used on
ground floor street-facing facade
Building materials: upper floors (%)
(21A.37.050B2)60% Yes 6% stucco used on upper floors
Glass: ground floor (%)
(21A.37.050C1)60% Yes 60% glazing used on ground floor
Building entrances (feet)
(21A.37.050D)40' Yes At least one entrance every 40’
Blank wall: maximum length (feet)
(21A.37.050E)15' Yes No blank walls longer than 15’
Street facing facade: maximum
length (feet) (21A.37.050F)200' Yes Could not verify with submitted
plans
Lighting: exterior (21A.37.050H)X ? Lighting not shown on plans
Lighting: parking lot (21A.37.050I)X N/A N/A
Screening of mechanical equipment
(21A.37.050J)X ? Mechanical equipment located on
roof and screened by parapet wall
Screening of service areas
(21A.37.050K)X No Loading berth is not screened.
Ground floor residential entrances
(21A.37.050L) X N/A
⚫ Page 4
21A.40 Accessory Uses, Buildings, and Structures
☒Applicable ☐Not Applicable
Comment:
• Ground Mounted Utility Boxes (21A.40.160.C.1.a)
• Utility boxes must be set back at least one foot from a side or rear
property line.
o Utility box shown on plan appears to be set back from the side property line,
but a dimension has not been provided.
▪ May or may not comply.
Are applicable standards complied with? ☐Complies ☒Does Not Comply
21A.44 Off Street Parking
☒Applicable ☐Not Applicable
Are applicable standards complied with? ☐Complies ☐Does Not Comply
Comments:
• Required Parking Spaces (21A.44.040)
o 36 studios = 0 spaces required
o 37 one-bedroom = .5 space/DU
▪ 19 spaces required
o 32 two/three bedroom = 1 space required/DU
▪ 32 spaces required
• 51 spaces required
• 51 spaces provided
o Complies.
• Electric Vehicle Parking (21A.44.040.C)
o Each multi-family use shall provide a minimum of one parking space dedicated
to electric vehicles for every twenty-five parking spaces provided on-site.
▪ Three electric vehicle parking spaces shown on plans.
• Complies.
• Accessible Parking (21A.44.040.D)
o One ADA parking space is required for every 25 spaces provided.
▪ Two ADA spaces shown on plans.
• Complies.
⚫ Page 5
• Bicycle Parking (21A.44.040.E)
o 1 bicycle parking space required per 4 units.
▪ Complies.
• Off-Street Loading Areas (21A.44.070)
o 1 short loading berth required, at least 10’ by 35’.
▪ Loading berth provided.
• Complies.
21A.46 Signs
☒Applicable ☐Not Applicable
Comment:
• A sign is shown on the plan but is not dimensioned.
o Sign details to be reviewed with building permit.
Are applicable standards complied with? ☒Complies ☐Does Not Comply
21A.48 Landscaping and Buffers
☒Applicable ☐Not Applicable
Are applicable standards complied with? ☐Complies ☒Does Not Comply
Comment:
Standards not complied with:
Landscape plan will be required for building permit review.
Standards not complied with:
• Private Tree Removal: Information regarding existing trees will need to be provided at
permits to verify compliance with 21A.48.135 regarding private property tree preservation.
The ordinance requires payment to the city for loss of existing trees if not replaced at the
required ratios. Existing healthy trees are encouraged to be preserved.
21A.58 Site Plan Requirements
☒Applicable ☐Not Applicable
Is all required information shown on site plan? ☐Complies ☒Does Not Comply
Missing requirements: A complete plan set with all requirements listed in 21A.58.060 will be
required for building permit review.
April 3, 2024
RE: 2nd South Apartments
MEM ORANDUM
To:
From:
Date:
Subject:
UHC Trustees
David C. Damschen
President
February 1, 2024
Resolution 2024-03, Reimbursement Resolution for
2nd South Apartments
RECOMMENDATION:
It is recommended that the Trustees adopt Resolution 2024-03, a reimbursement resolution
regarding the issuance of tax-exempt bonds for the financing of a multifamily rental housing project, 2nd
South Apartments, located at approximately 934-948 West 200 South, Salt Lake City, Utah 84104.
The resolution states UHC's intention of reimbursing certain qualified costs incurred by the
Project Owner with proceeds of the tax-exempt bonds. The Internal Revenue Code permits an issuer to
pass a reimbursement resolution to enable the owner's qualified expenses incurred in advance of the
issuance of bonds to be eligible for financing with tax-exempt bonds. Adoption of the resolution will
accomplish the following:
•Enable the project owner to incur costs that may be reimbursed with proceeds of the bond issue
if sold by UHC.
•Enable the project owner to start working on fmancing the project with professionals in the field
of tax-exempt bond financing.
BACKGROUND:
A reimbursement resolution is neither binding on UHC to sell b onds, nor the project owner to
use UHC as the issuer for the project. Commitments of that nature will only arise after more
information is known about the proposed transaction, and assurances have been given that the bonds
will be repaid on time through proper structuring and credit enhancements. A reimbursement resolution
must be adopted in order to include the developer's expenses on land or building acquisition, design
work, legal expense and so forth, in any project financed by UHC-issued tax-exempt bonds. The
reimbursement resolution "starts the clock" for purposes of recovering costs as permitted by the tax
code. The project may qualify at a later date for non-competitive, 4% tax credits, once it has received
tax-exempt bond authority and the actual issuance of the bonds is expected. Because the 4% credit is
non-competitive, the application is not scored and will not be reviewed by the Multifamily Committee.
Additional steps must occur before UHC will be committed to sell bonds for the project. The
fmancing team must assemble a financing package that will satisfy UHC and the other parties to the
transaction. UHC will hold a "TEFRA Hearing" which is a required public hearing to receive
comments from the public on the issuance of bonds for the project. The governor must approve the
issuance of the bonds. Enclosed herewith is information regarding the project including a brief project
description, and a site map.
State of Utah Housing Credit Program
Qualified Allocation Plan
5/11/23
138
Exhibit 7F COMPREHENSIVE REIMBURSEMENT RESOLUTION
CERTIFICATION
I hereby certify that the following statements and information, including information contained in
any attachments to this Comprehensive Reimbursement Resolution Certification, are, to the best of
my knowledge based upon due inquiry, true, accurate and complete.
The information is submitted to Utah Housing Corporation in order that _________________
____________________ (an entity in which I have an interest) may obtain approval for passage of a
Reimbursement Resolution for __________________________________________________ (the
Project).
If the answer to any of the following questions is YES, please provide a signed, comprehensive
narrative regarding past and current facts describing the matter on separate pages. Include facts
about such real estate developments including a listing of principals related to the real estate
development, the financing and Equity sources and the addresses.
For the period beginning ten (10) years prior to the date of this certification:
1.Yes No The undersigned is or was a principal in a residential rental project (located in any
state) for which an Allocation of Federal Low Income Housing Tax Credits under
Section 42 of the Internal Revenue Code of 1986, or Private Activity Bond Volume
Cap under Section 146 of the Internal Revenue Code of 1986 was made to the
residential rental project or its Developer or sponsor, but which Allocation was not
fully utilized and any portion of such Allocation expired and was unable to be
utilized within the state of its Allocation.
2.Yes No Neither the undersigned, any Interested Party (as set forth in the attached list), nor a
person or entity related to the undersigned or any such Interested Party, had an
ownership interest in the residential rental project (including the project site) to be
financed at any time during the preceding five (5) years.
3.Yes No The undersigned is or was a principal in a real estate development (located
in any state) in which there has been or was alleged to have been a default or
Non-Compliance regarding:
Tax-exempt bond compliance requirements, or
Low Income Housing Tax Credit compliance requirements, or
A mortgage loan, construction, bridge or interim loan (including any
assignment, deed-in-lieu of foreclosure, foreclosure, or lender relief) or
Real estate development partnership or operating (investor) agreements, or
Rent-up / vacancy requirements, or
Federal, state or local building, housing maintenance and/or construction codes
or laws.
2nd South Apartments
West 200 South UT, LLLP
X
X
X
State of Utah Housing Credit Program
Qualified Allocation Plan
5/11/23
139
4.Yes No There is or has been litigation or a judgment related to:
The ownership or operation of any real estate which could materially and adversely
impact the financial condition of the undersigned, or
The undersigned’s ownership interest in any real estate ownership, development,
or management entity, or
Any entity in which the undersigned owns a significant interest (5% or greater)
which could materially and adversely impact the entity’s financial condition.
5.Yes No There are unresolved findings raised as a result of audits, management reviews
or other investigations by federal, state, or local government entities concerning
the undersigned or real estate developments in which the undersigned is a
principal.
6.Yes No The undersigned has been convicted of or plead guilty to fraud, a felony, or
securities violation or is presently the subject of a material civil complaint,
criminal charge, or indictment charging fraud, felony, or securities violation.
(A felony is defined as any offense punishable by imprisonment for a term
exceeding one year but does not include any offense classified as a
misdemeanor under the laws of a state and punishable by imprisonment of two
years or less).
7.Yes No The undersigned has been suspended, disbarred, debarred or otherwise
restricted by any department or agency of the federal government or any state
from doing business with such department or agency.
8.Yes No The undersigned is or was the subject of any bankruptcy or insolvency
proceeding or is subject to unsatisfied liens or judgments.
9.Yes No The Project or the land upon which it is located, or any other real estate
development in which the undersigned is a principal has any environmental or
hazardous violations claimed against it.
10.Yes No The Project is located in a jurisdiction in which there is a court decision or court
entered plan to address housing desegregation or remedy some other violation
of law. [If the Project is located in such a jurisdiction provide the evidence for
your conclusion that it is consistent with such court decision or court entered
plan in an attachment to this omnibus certification].
Name ________________________________________
Title _________________________________________
% of Interest in Project Developer: _________ %
(check one box)
Signature _____________________________________
X
X
X
X
X
X
X
X 100
Charles A. Schmid
Date February 5, 2024_________________________________________
Trustee of the Charles A. Schmid Living Trust