Ordinance 89 of 2005

SALT LAKE CITY ORDINANCE

No. 89 of 2005

(Amending Sugar House Community Zoning Map and Master Plan, Rezoning Properties in the Sugar House Area, and Making Other Amendments to the Salt Lake City Zoning Code)

AMENDING THE SUGAR HOUSE COMMUNITY ZONING MAP AND MASTER PLAN, REZONING PROPERTIES GENERALLY LOCATED IN THE SUGAR HOUSE AREA, AND MAKING OTHER AMENDMENTS TO THE SALT LAKE CITY ZONING CODE, PURSUANT TO PETITION NOS. 400-01-32 AND 400-02-08.

WHEREAS, the Planning Commission and the City Council of Salt Lake City, Utah, have held public hearings and have taken into consideration citizen testimony, filing, and demographic details of the area, the long range general plans of the City, and the local master plan as part of their deliberations. Pursuant to these deliberations, the City Council has concluded that the proposed amendments to the Master Plan, Zoning and Zoning Code for the Sugar House Area are appropriate for the development of the community in that area and in the best interest of the city.

NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

SECTION 1. AMENDMENT TO MASTER PLAN. The Urban Design Element and Commercial Land Use sections of the Sugar House Master Plan are hereby amended to read as set forth on the attached Exhibits A and B.

SECTION 2. ADOPTION OF FUTURE LAND USE MAP. The Sugar House Future Land Use Map, which is attached hereto as Exhibit C, is hereby adopted as part of the Sugar House Master Plan.

SECTION 3. REZONING OF PROPERTIES. The properties, which are more particularly described on Exhibit D attached hereto, shall be and hereby are rezoned from their “old zoning” to their “new zoning” as identified in Exhibit D.

SECTION 4. AMENDMENT TO ZONING MAP. The Sugar House Community Zoning Map shall be and hereby is amended consistent with the rezoning of properties above and as further illustrated on the attached Exhibit E.

SECTION 5. AMENDMENT TO REGULATIONS REGARDING CSHBD SUGARHOUSE BUSINESS DISTRICT. That Section 21A.26.060, Salt Lake City Code, pertaining to CSHBD Sugar House Business District be, and the same hereby is, amended to read as follows:

21A.26.060 CSHBD Sugar House Business District (CSHBD1 and CSHBD2):

In this chapter and the associated zoning map, the CSHBD zone is divided into two sub-areas for the purpose of defining design criteria. In other portions of this text, the CSHBD1 and CSHBD2 zones are jointly referred to as the CSHBD zone because all other standards in the zoning ordinance are the same.

A. Purpose Statement: The purpose of the CSHBD Sugar House Business District is to promote a walkable community with a transit oriented, mixed-use town center that can support a 24-hour population. The CSHBD provides for residential, commercial and office use opportunities, with incentives for high density residential land use in a manner compatible with the existing form and function of the Sugar House Master Plan and the Sugar House Business District.

B. Uses: Uses in the CSHBD Sugar House Business District as specified in section 21A.26.080, "Table Of Permitted And Conditional Uses For Commercial Districts", of this chapter are permitted, subject to the general provisions set forth in section 21A.26.010 of this chapter and this section.

C. Conformance with Adopted Business District Design Guideline Handbook: All new construction of principal buildings and additions that increase the off-street parking requirement shall be subject to and shall conform with the adopted Business District Design Guidelines Handbook located as an appendix section in the Sugar House Master Plan.

D. Conditional Building and Site Design Review: All new construction of principal buildings that exceed fifty feet (50’) in height in the CSHBD1 district or thirty feet (30’) in height in the CSHBD2 district or twenty thousand (20,000) square feet in size in either district shall be subject to Conditional Building and Site Design Review. The Planning Commission has the authority to approve projects through the Conditional Building and Site Design Review Process. Conditional Building and Site Design Review shall be approved in conformance with the Business District Design Guideline Handbook and the provisions of chapter 21A.59 of this title.

E. Minimum Lot Size: No minimum lot area or width is required.

F. Minimum Yard Requirements:

1. Front And Corner Side Yards: No minimum yard is required.

2. Maximum Setback: The maximum setback is fifteen feet (15’). Exceptions to this requirement may be authorized through the Conditional Building and Site Design Review process, subject to the requirements of Part V, Chapter 21A.59 of this Title, and the review and approval of the Planning Commission. The Planning Director, in consultation with the Transportation Director, may modify this requirement if the adjacent public sidewalk is substandard and the resulting modification to the setback results in a more efficient public sidewalk, and/or the modification conforms with the Business District Design Guidelines Handbook. Appeal of an Administrative Decision is to the Planning Commission.

3. Interior Side Yards: None required.

4. Rear Yards: No minimum yard is required.

5. Buffer Yards: All lots abutting a lot in a residential district shall conform to the buffer yards and landscape requirements of part IV, chapter 21A.48 of this title. In addition, for those structures located on properties zoned CSHBD that abut properties in a low-density, single-family residential zone, every three feet (3’) in building height above thirty feet (30’), shall be required a corresponding one foot (1’) setback from the property line at grade. This additional required setback area can be used for landscaping or parking.

G. Maximum Height: Maximum height limits vary, depending upon location and land use. The following regulations shall apply for each area within the CSHBD zone:

1. CSHBD1:

a. The maximum building height in the CSHBD1 zone shall not exceed thirty feet (30’) for those buildings used exclusively for non-residential purposes.

b. Additional building square footage may be obtained up to a maximum building height of one hundred and five feet (105’); however, for each additional floor of non-residential use above thirty feet (30’), one floor of residential use is required.

c. The residential component may be transferred off-site to another property within the CSHBD zoning district in accordance with the provisions of Section 21A.26.060K. If the required residential component is transferred off-site, the maximum non-residential building height allowed shall be seventy-five feet (75’). Any building with a height in excess of seventy five feet (75’) shall be subject to the requirements of Subsection 21A.26.060(G)(1)(d).

d. Maximum building height may be obtained to one hundred and five feet (105’) for any building subject to at least ninety percent (90%) of all parking for said building being provided as structured parking, and in the case of a non-residential building, the developer shall provide off-site residential development that is equal to or greater than the square footage of the non-residential building that exceeds thirty feet (30’) in height.

2. CSHBD2:

a. The maximum building height in the CSHBD2 zone shall not exceed thirty feet (30’) for those buildings used exclusively for non-residential purposes.

b. Additional square footage may be obtained up to a maximum building height of sixty feet (60’); however, for each additional floor of non-residential use above thirty feet (30’), one floor of residential use is required.

d. Buildings used exclusively for residential purposes may be built to a maximum height of sixty feet (60’).

3. Step Back Requirement: In the CSHBD1 and CSHBD2 zoning districts, floors rising above thirty feet (30’) in height shall be stepped back fifteen horizontal feet (15’)_from the building foundation at grade, in those areas abutting low density, single-family residential development and/or public streets.

H. Minimum First Floor Glass: The first floor elevation facing a street of all new buildings or buildings in which the property owner is modifying the size of windows on the front facade within the CSHBD Sugar House Business District zones, shall not have less than forty percent (40%) glass surfaces. All first floor glass shall be non-reflective. Display windows that are three-dimensional (3D) and are at least two feet (2’) deep are permitted and may be counted toward the forty percent (40%) glass requirement. Exceptions to this requirement may be authorized through the Conditional Building and Site Review process subject to the requirements of Part V, Chapter 21A.59 of this Title, and the review and approval of the Planning Commission. The Planning Director may approve a modification to this requirement, if the Planning Director finds:

1. The requirement would negatively impact the historic character of the building, or

2. The requirement would negatively impact the structural stability of the building; or

3. The ground level of the building is occupied by residential uses, in which case the forty percent (40%) glass requirement ay be reduced to twenty-five percent (25%). Appeal of Administrative Decision is to the Planning Commission.

I. Mechanical Equipment: Rooftop mechanical equipment should be screened with architecturally integrated elements of the building.

J. First Floor/Street Level Requirements: The first floor or street level space of all buildings within this area shall be required to provide uses consisting of residential, retail goods establishments, retail service establishments, public service portions of businesses, restaurants, taverns/lounges/brewpubs, private clubs, art galleries, theaters or performing art facilities.

K. Residential Requirement for Mixed Use Developments: For those mixed-use developments requiring a residential component, the residential portion of the development shall be as follows:

1. Located in the same building as noted in Subsection G of this Section, or

2. May be located on a different property in the area zoned CSHBD. For such off-site residential configuration, the amount of residential development required is equal to the total amount of square footage obtained for the non-residential floors rising in excess of thirty feet (30’), less any square footage of the required fifteen foot (15’) stepback noted in Subsection Go of this Section. In addition, prior to the issuance of a building permit for the non-residential structure, the applicant must identify specifically where the residential structure will be located in the area zoned CSHBD and enter into a development agreement with the City to ensure the construction of the residential structure in a timely manner. In such cases where the residential use is built off-site, one of the following shall apply:

a. Construction of the off-site residential use must be progressing beyond the footings and foundation stage, prior to the non-residential portion of the development obtaining a certificate of occupancy, or

b. A financial assurance that construction of the off-site residential use will commence within two (2) years of receiving a certificate of occupancy for the non-residential component of the development. The financial assurance shall be in an amount equal to fifty percent (50%) of the construction valuation for the residential component of the development by the Building Official. The City shall call the financial assurance and deposit the proceeds in the City’s Housing Trust Fund if construction has not commenced within two (2) years of the issuance of the certificate of occupancy for the non-residential component of the development. The financial assurance shall be in an amount equal to fifty percent (50%) of the construction valuation for the residential of the development as determined by the Building Official. The City shall call the financial assurance and deposit the proceeds in the City’s Housing Trust Fund if construction has not commenced within two (2) years of the issuance of the certificate of occupancy for the non-residential component of the development.

SECTION 6. AMENDMENT TO TABLE OF PERMITTED USES FOR COMMERCIAL DISTRICTS. That the table, entitled Table of Permitted and Conditional Uses for Commercial Districts, which is located at Section 21A.26.080, Salt Lake City Code, shall be and hereby is, amended, in part, as set forth in the attached Exhibit F.

SECTION 7. AMENDMENT TO SUMMARY TABLE OF YARD AND BULK REQUIREMENTS—COMMERCIAL DISTRICTS. That the table, entitled Summary Table of Yard and Bulk Requirements—Commercial Districts, which is located at Section 21A.26.090, Salt Lake City Code, shall be and hereby is, amended, in part, as set forth in the attached Exhibit G.

SECTION 8. AMENDMENT TO STANDARDS FOR DESIGN REVIEW. That Section 21A.59.060, Salt Lake City Code, pertaining to standards for design review be, and the same hereby is, amended to read as follows:

21A.59.060 Standards For Design Review:

In addition to standards provided in other sections of this title for specific types of approval, the following standards shall be applied to all applications for design review:

A. The development shall be primarily oriented to the street, not an interior courtyard or parking lot,

B. The primary access shall be oriented to the pedestrian and mass transit,

C. The facade shall maintain detailing and glass in sufficient quantities to facilitate pedestrian interest and interaction,

D. Architectural detailing shall emphasize the pedestrian level of the building,

E. Parking lots shall be appropriately screened and landscaped to minimize their impact on the neighborhood,

F. Parking lot lighting shall be shielded to eliminate excessive glare or light into adjacent neighborhoods,

G. Dumpsters and loading docks shall be appropriately screened or located within the structure, and

H. Signage shall emphasize the pedestrian/mass transit orientation.

I. Any new development must comply with the intent of the purpose statement of the zoning district in which the project is located as well as adopted master plan policies and design guidelines governing the specific area of the proposed development.

SECTION 9. AMENDMENT TO DEFINITIONS. That Section 21A.62.040, Salt Lake City Code, pertaining to definitions be, and the same hereby is, amended to read, in part, as follows:

“Off-site” means a lot that is separate from the principal use.

SECTION 10. 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 13^th day of December, 2005.

Bill No. 89 of 2005.

Published: December 13, 2005.