Loading...
Staff Report - na 1 November 1, 2024 PLANNING DIVISION DEPARTMENT of COMMUNITY and NEIGHBORHOODS Staff Report To: Salt Lake City Planning Commission From: Nick Norris, Planning Director Nick.norris@slc.gov or 801-535-6173 Date: November 13, 2024 Re: Petition initiation requested by Planning Commission to modify the provision that prohibits some land uses from being within 1,000 feet of single and two family zoning districts. Petition Initiation REQUEST: The commission recently requested that a work session item be placed on an agenda to discuss broadening the applicability of a regulation that prohibits certain land uses within 1,000 feet of single- and two-family zoning districts. The request proposed expanding the 1,000-foot prohibition to any residential zoning district. The purpose of this request is to protect the health and safety of residents living in other zoning districts, not just those who live in a single- or two- family district. RECOMMENDATION: The Planning Division recommends that the commission initiate a petition that would potentially expand the regulation that prohibits some land uses that are detrimental to the health and safety of residents from being located within 1,000 feet of a single- or two-family zoning district to apply to other residential zoning districts where people live. The following motion may be considered by the commission: “I move that the commission initiate a text amendment to review the land uses that are subject to, or should be subject to, the 1,000-foot spacing requirement from residential zoning districts. The initiation may include reviewing other land uses that should have the provision applied, clarifying whether the distance applies to the property or the boundaries of a use, and other related provisions that may help protect the health and safety of city residents.” ATTACHMENTS: A. ATTACHMENT A: Maps of areas impacted by the 1,000-foot spacing requirement 2 November 1, 2024 PROJECT DESCRIPTION The Planning Commission recently asked the Planning Division to provide some background information on a potential text amendment related to the spacing requirements between some land uses and single- or two-family residential zoning districts. Specifically, the commission asked if that wording should be changed so the spacing requirement would apply more equitably to all residential zoning districts and not just the single- and two-family zoning districts. The commission also asked about clarifying how the measurement is applied so the spacing applied if any portion of the property is within 1,000 feet. The purpose of the footnote is to prohibit land uses that generate noise, odor, pollution and other impacts that negatively impact the health and/or safety of people who live near such uses. The allowed land uses in each zoning district are listed in tables found in 21A.33. The uses listed are shown as either permitted or conditional. If the table does not indicate that the use is permitted or conditional, then the use is considered prohibited. Some land uses in some zoning districts include footnotes that typically further restrict a specific land use under specific circumstances. One of the footnotes found in the land use tables reads “Prohibited within 1,000 feet of a Single- or Two-Family Zoning District.” A sample of the uses that this footnote applies are in the table below. Defined Land Use Zoning Districts Permitted or Conditional Animal, Pound M-1, M-2 C P Animal, Stockyard M-1, M-2 C P Bus Line Yard and Repair Facility M-1 P Concrete and/or Asphalt Manufacturing M-1, M-2, EI C P P Explosive Manufacturing and Storage M-2 C Flammable Liquids or Gas, Heating Fuel Distribution or Storage M-2 P Heavy Manufacturing M-2 P Impound Lot CG C Incinerator, Medical Waste/Hazardous Wast M-2 C Poultry Farm or Processing Plant M-2 P Recycling Processing Center (outdoors) M-1, M-2 P C Slaughterhouses M-2 P Truck Freight Terminal M-1, M-2 P P Electric Generation Facility M-1, M-2 C P Solid Waste Transfer Station M-1, M-2 C P Theater, Live Performance Multiple P OR C Vehicle/Auto Salvage and Recycling M-1, M-2 C P The table indicates that most of the land uses with this provision are in the M-1 Light Manufacturing Zoning District and the M-2 Heavy Manufacturing Zoning District. Some of the uses are also in the CG General Commercial Zoning District or the EI Extractive Industry Zoning District. If the commission initiates a petition, a more thorough review of the land use tables will identify all land uses that are subject, or should be subject, to the footnote provision. 3 November 1, 2024 All but two of the other land uses with the provision are in the M-1 and M-2 zoning districts. Attachment A includes maps that show portions of the M-1, M-2, and EI zoning districts that are within 1,000-feet of a residential zoning district. The maps show that the land impacted by the 1,000-foot buffer are all in the Capitol Hill, Northwest, and Westside Planning Communities. The maps show single- and two- family zoning districts in yellow and all other residential districts in orange. The A-Agriculture zones are included as well because they allow single family dwellings on large lots. The intent of separating out the zoning districts is to demonstrate how the provision currently applies (residential shown in yellow on the maps) and how it may apply if modified to apply to all residential districts. The “Theater, Live Performance” land use was recently reviewed by the Planning Commission because the City Council initiated a text change to expand where this use is allowed. That land use would not be considered as part of this initiation as a result. There are likely other land uses within the land use table that create pollution and other health or safety impacts where this provision may be appropriate. As part of the review, the land use tables will be analyzed in more detail to identify the uses that create health and safety impacts to determine if the uses should be subject to the proposal. The analysis will also review the land use tables that are part of the zoning consolidation project. It is possible that the footnote may be applied to other zoning districts, be modified as well, or additional footnotes added based on the analysis. APPROVAL PROCESS AND COMMISSION AUTHORITY The commission has the authority to initiate a zoning amendment. To do so, the action must be advertised on the agenda with at least 24 hours public notice, a commissioner must make a motion to initiate the amendment, and then a majority of the commissioners present must vote to initiate the petition. If an amendment is approved, the Planning Division will research the relevant changes, draft the proposed changes, check in with the commission to ensure the changes are consistent with what the commission intends, and then start the public engagement process. The desired output of the process is to update the code to protect health and safety by limiting how close some impactful land uses are to where people live and to do so as quickly as possible to limit the possibility of the identified uses being established. 4 November 1, 2024 ATTACHMENT A: Maps of areas impacted by the 1,000-foot spacing requirement 5 November 1, 2024 6 November 1, 2024