Ordinance 8 of 2018

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SALT LAKE CITY ORDINANCE

No. 8 of 2018

(An ordinance amending various sections of Title 21A of the Salt Lake City Code

pertaining to planned development regulations)

          An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM2016-00600 to modify planned development regulations.

          WHEREAS, the Salt Lake City Planning Commission held a public hearing on January 25, 2017 to consider a petition submitted by the Salt Lake City Planning Commission (“Applicant”) (Petition No. PLNPCM2016-00600) to amend Chapters 21A.36 (Zoning: General Provisions) and 21A.55 (Zoning: Planned Developments) of the Salt Lake City Code to modify planned development regulations; and

          WHEREAS, at its January 25, 2017 meeting, the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition; and

          WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests.

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

SECTION 1.   Amending the text of Salt Lake City Code Section 21A.36.010.  That Section 21A.36.010 of the Salt Lake City Code (Zoning: General Provisions: Use of Land and Buildings), shall be and hereby is amended to read as follows:

21A.36.010: USE OF LAND AND BUILDINGS:

The following rules shall apply to the use of land and buildings in each zoning district:

A.  Enclosed Business Activity: All business activity, service, storage, merchandise, display, repair, processing, assembly and manufacturing shall be conducted wholly within an enclosed building except where specifically provided otherwise. Permitted off street parking lots, off street loading facilities, and outdoor sales in zoning districts where such outdoor sales are permitted, need not be enclosed.

B.  One Principal Building Per Lot: Not more than one principal building shall be located on any lot except that:

1.   With the exception of buildings located in the FR, R1, SR and R2 districts, more than one principal building may be located on a lot subject to all principal buildings having frontage along a public street.

2.   Lots in the RP, BP, M-1, M-2, AG, AG-2, AG-5, AG-20, A, OS, NOS, and EI  districts may have multiple buildings on a single lot regardless of street frontage and subject to meeting all other zoning regulations.

3.   This section does not apply in instances where multiple buildings on a lot are regulated elsewhere in this title.

C.  Frontage of Lot on Public Street: All lots shall front on a public street unless specifically exempted from this requirement by other provisions of this title.

D.  Hazardous Waste Prohibition: It is unlawful to permanently store or dispose of hazardous waste within Salt Lake City except for incineration of hazardous waste as allowed in the industrial M-2 zoning district.

E.   Flag Lots in Nonresidential Districts: In the CG, BP, RP, M-1 and M-2 districts, flag lots shall be permitted, subject to subdivision regulations; provided, that:

1.   As part of new subdivisions or through the planned development process only when the flag lot is proposed at the rear of an existing parcel;

2.   The flag lot access strip shall have a minimum of twenty four feet (24’) of frontage on a public street; and

3.   The city subdivision review process determines the following:

a.   It is not desirable or necessary to extend a public street to access the parcel, and

b.   The existing lot and site layout is not conducive to private street development.

SECTION 2.   Amending the text of Salt Lake City Code Chapter 21A.55.  That Chapter 21A.55 of the Salt Lake City Code (Zoning: Planned Developments), shall be and hereby is amended to read and appear as follows:

Chapter 21A.55
PLANNED DEVELOPMENTS

21A.55.010: PURPOSE STATEMENT:

21A.55.020: AUTHORITY:

21A.55.030: PLANNING COMMISSION DECISION:

21A.55.040: PROCEDURES:

21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS:

21A.55.060: MINIMUM AREA:

21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION:

21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT:

21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT:

21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN:

21A.55.110: DISCLOSURE OF PRIVATE INFRASTRUCTURE COSTS FOR PLANNED DEVELOPMENTS:

21A.55.010: PURPOSE STATEMENT:

A planned development is intended to encourage the efficient use of land and resources, promoting greater efficiency in public and utility services and encouraging innovation in the planning and building of all types of development. Further, a planned development implements the purpose statement of the zoning district in which the project is located, utilizing an alternative approach to the design of the property and related physical facilities. A planned development incorporates special development characteristics that help to achieve city goals identified in adopted master plans and that provide an overall benefit to the community as determined by the planned development objectives.  A planned development will result in a more enhanced product than would be achievable through strict application of land use regulations, while enabling the development to be compatible with adjacent and nearby land developments. The city seeks to achieve at least one or any combination of the following objectives through the planned development process. Each objective includes strategies that are intended to be used to determine if an objective has been accomplished through a specific proposal:

A.  Open Space and Natural Lands: Preserving, protecting or creating open space and natural lands:

1.   Inclusion of community gathering places or public recreational opportunities, such as new trails or trails that connect to existing or planned trail systems, playgrounds or other similar types of facilities.

2.   Preservation of critical lands, watershed areas, riparian corridors and/or the urban forest.

3.   Development of connected greenways and/or wildlife corridors.

4.   Daylighting of creeks/water bodies.

5.   Inclusion of local food production areas, such as community gardens.

6.   Clustering of development to preserve open spaces.

B.  Historic Preservation:

1.   Preservation, restoration, or adaptive reuse of buildings or structures that contribute to the character of the city either architecturally and/or historically, and that contribute to the general welfare of the residents of the city.

2.   Preservation of, or enhancement to, historically significant landscapes that contribute to the character of the city and contribute to the general welfare of the city’s residents.

C.  Housing:  Providing affordable housing or types of housing that helps achieve the city’s housing goals and policies:

1.   At least 20% of the housing must be for those with incomes that are at or below 80% of the area median income.

2.   The proposal includes housing types that are not commonly found in the existing neighborhood but are of a scale that is typical to the neighborhood.

D.  Mobility: Enhances accessibility and mobility:

1.   Creating new interior block walkway connections that connect through a block or improve connectivity to transit or the bicycle network.

2.   Improvements that encourage transportation options other than just the automobile.

E.   Sustainability: Creation of a project that achieves exceptional performance with regards to resource consumption and impact on natural systems:

1.   Energy Use and Generation: Design of the building, its systems, and/or site that allow for a significant reduction in energy usage as compared with other buildings of similar type and/or the generation of energy from an on-site renewable resource.

2.   Reuse of Priority Site: Locate on a brownfield where soil or groundwater contamination has been identified, and where the local, state, or national authority (whichever has jurisdiction) requires its remediation. Perform remediation to the satisfaction of that authority.

F.   Master Plan Implementation: A project that helps implement portions of an adopted master plan in instances where the master plan provides specific guidance on the character of the immediate vicinity of the proposal:

1.   A project that is consistent with the guidance of the master plan related to building scale, building orientation, site layout, or other similar character defining features.

21A.55.020: AUTHORITY:

The planning commission may approve planned developments for uses listed in the tables of permitted and conditional uses for each category of zoning district or districts. The approval shall be in accordance with the standards and procedures set forth in this chapter and other regulations applicable to the district in which the property is located.

In approving a planned development, the planning commission may change, alter, modify or waive the following provisions of this title:

A.  Any provisions of this title or of the city’s subdivision regulations as they apply to the proposed planned development except that the planning commission cannot approve a use that is not allowed in the zoning district in which the planned development is located, with the exception of off-site parking as further described in this section.

B.  Off-site parking in zoning districts where off-site parking is not an allowed use. The parking must be located within the planned development area and can only be used for the uses within the planned development.

C.  Up to five feet of additional building height, except in the FR, R-1, SR, or R-2 zoning districts where additional building height cannot be approved through the planned development process.

D.  Density: Residential planned developments shall not exceed the density limitation of the zoning district where the planned development is proposed except as allowed below. The calculation of planned development density may include open space that is provided as an amenity to the planned development. Public streets located within or adjacent to a planned development shall not be included in the planned development area for the purpose of calculating density.

1.   In the RMF zoning districts and on lots 0.20 acres or more in size, developments that change a nonconforming commercial use to a residential use that is allowed in the zoning district are exempt from the density limitations of the zoning district when approved as a planned development.

21A.55.030: PLANNING COMMISSION DECISION:

A.  No Presumption of Approval: A request for a planned development does not constitute an assurance or presumption that such planned development will be approved. Rather, each proposed planned development shall be evaluated on an individual basis, in relation to its compliance with the standards and factors set forth in this chapter and with the standards for the zoning district in which it is located, in order to determine whether the planned development is appropriate at a particular location.

B.  Approval: The planning commission may approve a planned development as proposed or may impose conditions necessary or appropriate for the planned development to comply with the standards and factors set forth in this chapter.

C.  Denial: The planning commission may deny an application for a planned development if it finds that the proposal does not meet the intent of the base zoning district, does not meet the purpose of this chapter, or is not consistent with the standards and factors as set forth in this chapter.

21A.55.040: PROCEDURES:

A.  Application: The applicant must file an application for planned development approval with the planning director.  A complete application shall contain at least the following information submitted by the applicant, unless certain information is determined by the planning director to be inapplicable or unnecessary to appropriately evaluate the application. The application submittal shall include one (1) paper copy and one (1) digital copy:

1.   A complete description of the proposed planned development including the zoning regulations being modified in the planned development and the planning objectives being met;

2.   When the proposed planned development includes provisions for common open space or recreational facilities, a statement describing the provision to be made for the care and maintenance of such open space or recreational facilities;

3.   A written statement with supporting graphics showing how the proposed planned development is compatible with other property in the neighborhood;

4.   Plans, as required pursuant to Section 21A.58.060 of this title, with the exception of the number of copies required;

5.   Architectural graphics including floor plans, elevations, profiles and cross sections;

6.   A preliminary subdivision plat, if required;

7.   Traffic impact analysis, where required by the city transportation division; and

8.   Other information or documentation the planning director may deem necessary for proper review and analysis of a particular application.

B.  Determination of Completeness: Upon receipt of an application for a planned development, the planning director shall make a determination of completeness of the application pursuant to Section 21A.10.010 of this title.

C.  Staff Report: Upon completing a site plan review and receiving recommendations from applicable city department(s)/division(s), a staff report evaluating the planned development application shall be prepared by the planning division and forwarded to the applicant and the planning commission.

D.  Public Hearing: The planning commission shall hold a public hearing to review the planned development application in accordance with the standards and procedures set forth in Chapter 21A.10 of this title.

E.   Planning Commission Action: Following the public hearing, the planning commission shall decide, on the basis of the standards contained in Section 21A.55.050 of this chapter whether to approve, approve with modifications or conditions, or deny the application.

F.   Notification of Decision: The planning director shall notify the applicant of the decision of the planning commission in writing, accompanied by one copy of the submitted plans marked to show such decision and a copy of the motion approving, approving with modifications, or denying the development plan application.

21A.55.050: STANDARDS FOR PLANNED DEVELOPMENTS:

The planning commission may approve, approve with conditions, or deny a planned development based upon written findings of fact according to each of the following standards. It is the responsibility of the applicant to provide written and graphic evidence demonstrating compliance with the following standards:

A.  Planned Development Objectives: The planned development shall meet the purpose statement for a planned development (Section 21A.55.010 of this chapter) and will achieve at least one of the objectives stated in said section.  To determine if a planned development objective has been achieved, the applicant shall demonstrate that at least one of the strategies associated with the objective are included in the proposed planned development. The applicant shall also demonstrate why modifications to the zoning regulations are necessary to meet the purpose statement for a planned development. The planning commission should consider the relationship between the proposed modifications to the zoning regulations and the purpose of a planned development, and determine if the project will result in a more enhanced product than would be achievable through strict application of the land use regulations.

B.  Master Plan Compatibility: The proposed planned development is generally consistent with adopted policies set forth in the citywide, community, and/or small area master plan that is applicable to the site where the planned development will be located.

C.  Design and Compatibility: The proposed planned development is compatible with the area the planned development will be located and is designed to achieve a more enhanced product than would be achievable through strict application of land use regulations. In determining design and compatibility, the planning commission should consider:

1.   Whether the scale, mass, and intensity of the proposed planned development is compatible with the neighborhood where the planned development will be located and/or the policies stated in an applicable master plan related to building and site design;

2.   Whether the building orientation and building materials in the proposed planned development are compatible with the neighborhood where the planned development will be located and/or the policies stated in an applicable master plan related to building and site design;

3.   Whether building setbacks along the perimeter of the development:

a.   Maintain the visual character of the neighborhood or the character described in the applicable master plan.

b.   Provide sufficient space for private amenities.

c.   Provide sufficient open space buffering between the proposed development and neighboring properties to minimize impacts related to privacy and noise.

d.   Provide adequate sight lines to streets, driveways and sidewalks.

e.   Provide sufficient space for maintenance.

4.   Whether building facades offer ground floor transparency, access, and architectural detailing to facilitate pedestrian interest and interaction;

5.   Whether lighting is designed for safety and visual interest while minimizing impacts on surrounding property;

6.   Whether dumpsters, loading docks and/or service areas are appropriately screened; and

7.   Whether parking areas are appropriately buffered from adjacent uses.

D.  Landscaping: The proposed planned development preserves, maintains or provides native landscaping where appropriate. In determining the landscaping for the proposed planned development, the planning commission should consider:

1.   Whether mature native trees located along the periphery of the property and along the street are preserved and maintained;

2.   Whether existing landscaping that provides additional buffering to the abutting properties is maintained and preserved;

3.   Whether proposed landscaping is designed to lessen potential impacts created by the proposed planned development; and

4.   Whether proposed landscaping is appropriate for the scale of the development.

E.   Mobility: The proposed planned development supports citywide transportation goals and promotes safe and efficient circulation within the site and surrounding neighborhood. In determining mobility, the planning commission should consider:

1.   Whether drive access to local streets will negatively impact the safety, purpose and character of the street;

2.   Whether the site design considers safe circulation for a range of transportation options including:

a.   Safe and accommodating pedestrian environment and pedestrian oriented design;

b.   Bicycle facilities and connections where appropriate, and orientation to transit where available; and

c.   Minimizing conflicts between different transportation modes;

3.   Whether the site design of the proposed development promotes or enables access to adjacent uses and amenities;

4.   Whether the proposed design provides adequate emergency vehicle access; and

5.   Whether loading access and service areas are adequate for the site and minimize impacts to the surrounding area and public rights-of-way.

F.   Existing Site Features: The proposed planned development preserves natural and built features that significantly contribute to the character of the neighborhood and/or environment.

G.  Utilities: Existing and/or planned utilities will adequately serve the development and not have a detrimental effect on the surrounding area.

21A.55.060: MINIMUM AREA:

A planned development proposed for any parcel or tract of land under single ownership or control in certain zoning districts shall have a minimum net lot area as set forth in Table 21A.55.060 of this section.

TABLE 21A.55.060
PLANNED DEVELOPMENTS

21A.55.070: APPEAL OF THE PLANNING COMMISSION DECISION:

Any person adversely affected by a final decision of the planning commission on an application for a planned development may appeal to the appeals hearing officer in accordance with the provisions of Chapter 21A.16 of this title. Notwithstanding Section 21A.16.030 of this title, the filing of the appeal shall not stay the decision of the planning commission pending the outcome of the appeal, unless the planning commission takes specific action to stay a decision.

21A.55.080: TIME LIMIT ON APPROVED PLANNED DEVELOPMENT:

No planned development approval shall be valid for a period longer than one year unless a building permit has been issued or complete building plans have been submitted to the division of building services and licensing. The planning commission may grant an extension of a planned development for up to one additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests must be submitted prior to the expiration of the planned development approval.

21A.55.090: EFFECT OF APPROVAL OF PLANNED DEVELOPMENT:

The approval of a proposed planned development by the planning commission shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the city, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval.

21A.55.100: MODIFICATIONS TO DEVELOPMENT PLAN:

Following planned development approval, the development plan approved by the planning commission shall constitute the site design in relation to building placement and design, landscaping, mobility and circulation elements, and any elements that were approved as zoning modifications through the planned development process. Modifications to the development plan may be allowed pursuant to this section.

A.  New Application Required for Modifications and Amendments: No substantial modification or amendment shall be made in the construction, development or use without a new application under the provisions of this title. Minor modifications or amendments may be made subject to written approval of the planning director and the date for completion may be extended by the planning commission upon recommendation of the planning director.

B.  Minor Modifications: The planning director may authorize minor modifications to the approved development plan pursuant to the provisions for modifications to an approved site plan as set forth in Chapter 21A.58 of this title, when such modifications appear necessary in light of technical or engineering considerations. Such minor modifications shall be limited to the following elements:

1.   Adjusting the distance as shown on the approved development plan between any one structure or group of structures, and any other structure or group of structures, or any vehicular circulation element or any boundary of the site;

2.   Adjusting the location of any open space;

3.   Adjusting any final grade;

4.   Altering the types of landscaping elements and their arrangement within the required landscaping buffer area;

5.   Signs;

6.   Relocation or construction of accessory structures; or

7.   Additions which comply with the lot and bulk requirements of the underlying zone.

Such minor modifications shall be consistent with the intent and purpose of this title and the development plan as approved pursuant to this chapter, and shall be the minimum necessary to overcome the particular difficulty and shall not be approved if such modifications would result in a violation of any standard or requirement of this title.

C.  Major Modifications: Any modifications to the approved development plan not authorized by subsection B of this section shall be considered to be a major modification. The planning commission shall give notice to all property owners consistent with notification requirements located in Chapter 21A.10 of this title. The planning commission may approve an application for a major modification to the approved development plan, not requiring a modification of written conditions of approval or recorded easements, upon finding that any changes in the plan as approved will be in substantial conformity with the approved development plan. If the commission determines that a major modification is not in substantial conformity with the approved development plan, then the commission shall review the request in accordance with the procedures set forth in this section.

21A.55.110: DISCLOSURE OF PRIVATE INFRASTRUCTURE COSTS FOR PLANNED DEVELOPMENTS:

Planned developments, approved under this title after January 1, 1997, shall include provisions for disclosure of future private infrastructure maintenance and placement costs to unit owners.

A.  Infrastructure Maintenance Estimates: Using generally accepted accounting principles, the developer of any planned development shall calculate an initial estimate of the costs for maintenance and capital improvements of all infrastructure for the planned development including roads, sidewalks, curbs, gutters, water and sewer pipes and related facilities, drainage systems, landscaped or paved common areas and other similar facilities (“infrastructure”), for a period of sixty (60) years following the recording of the subdivision plat or the estimated date of first unit occupancy of the planned development, whichever is later.

B.  Initial Estimate Disclosure: The following measures shall be incorporated in planned developments to assure that owners and future owners have received adequate disclosure of potential infrastructure maintenance and replacement costs:

1.   The cost estimate shall be recorded with and referenced on the recorded plat for any planned development. The initial disclosure estimate shall cover all private infrastructure items and shall be prepared for six (6) increments of ten (10) years each.

2.   The recorded plat shall also contain a statement entitled “notice to purchasers” disclosing that the infrastructure is privately owned and that the maintenance, repair, replacement and operation of the infrastructure is the responsibility of the property owners and will not be assumed by the city.

3.   The cost estimate shall be specifically and separately disclosed to the purchaser of any property in the planned development, upon initial purchase and also upon all future purchases for the duration of the sixty (60) year period.

C.  Yearly Maintenance Statements: The entity responsible for the operation and maintenance of the infrastructure shall, at least once each calendar year, notify all property owners in the planned development of the estimated yearly expenditures for maintenance, repair, operation or replacement of infrastructure, and at least once each calendar year shall notify all property owners of the actual expenditures incurred, and shall specify the reason(s) for any variance between the estimated expenditures and the actual expenditures.

D.  Maintenance Responsibilities: The property owners in a planned development shall be collectively and individually responsible, on a pro rata basis, for operating, maintaining, repairing and replacing infrastructure to the extent necessary to ensure that access to the planned development is available to the city for emergency and other services and to ensure that the condition of the private infrastructure allows for the city’s continued and uninterrupted operation of public facilities to which the private infrastructure may be connected or to which it may be adjacent.

SECTION 3.   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 20^th day of March, 2018.

Bill No. 8 of 2018.

Published: March 29, 2018.