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01/09/1990 - Minutes PROCEiINGS OF THE CITY COUNCIL OF SALT LAKE CITE, UTAH TUESDAY, JANUARY 9, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, January 9, 1990, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair Hardman presided at the meeting. Mayor DePaulis introduced the er on the Board but the Adminis- new Fire Chief, Dennis Sargent, to tration may elect to have him the members of the Council and replace Mr. Whitehead. This would requested an individual meeting allow Mr. Thatcher to continue to with each of them to discuss the serve and ensure that the Board appointment of Mr. Sargent. had a quorum. Members who were unable to meet with Mr. Sargent after the coun- Item E-2, Handicapped Ordi- cil meeting, indicated they would nance Change, was a routine issue let the Council Executive Director and so no staff recommendation was know what times they could meet provided. and this information would be related to the Mayor's office to Item E-3, Special Improvement schedule the individual meetings. District Notice of Intention, was the first step in the bonding Cindy Gust-Jenson, Council process. Max Peterson, city Executive Director, reviewed the engineer, briefed the Council on Council 's engagement calendar and the resolution and answered their said the reservations had been questions. Councilmember Kirk made for the Day at the Legisla- asked if the owners of the proper- ture meeting. She also said the ty to be affected approved of the reservation form for the Annual resolution to which Mr. Peterson Congressional City Conference replied that the owners on the needed to be completed by January north side had but the others had 11 . not. Ms. Gust-Jenson then reviewed The Salt Palace Restoration the evening's agenda. issue was brought up. Council- members Horrocks and Kirk attended Item D-1 was pulled from the a meeting where the tax funding agenda because Councilmember sources were discussed and they Horrocks said it contained wrong said the committee members had not information about the parameters come to an agreement on the fund- of land, which were bigger than he ing. Councilmembers were provided had requested. with information sheets distribut- ed at the meeting. On Item D-6, appointment of Eldon Marshall to the Mosquito The Council discussed briefly Abatement Board, Ms. Gust-Jenson the items reported on by Council- said the paperwork indicated Mr. members Horrocks and Kirk and by Marshall would replace Mr. Thatch- Lee King, Council Staff Member. 90-12 PROCEINGS OF THE CITY COUNCIL OF SALT LAKE CIO UTAH TUESDAY, JANUARY 9, 1990 Beyond the State, County and City participation, they indicated revenue sources discussed by the committee included a tax on rental cars, a restaurant tax, a sales tax growth rebate, a hotel tax, a tax on liquor profits (providing the proposed liquor law passed), and others. The Councilmembers indicated the hotel/motel industry had expressed strong opposition to additional room tax. A bill was being prepared for presentation to the Legislature. Councilmember Hardman pointed out that the Council had not officially consid- ered the $15 million dollar City commitment. Members Horrocks and Kirk indicated this was made clear at the meeting, as was the fact that the City could not partici- pate in funding the Fine Arts Facilities beyond the time frame agreed upon originally. All Councilmembers requested notifica- tion of all Salt Palace Restora- tion meetings in the future. Ms. Gust-Jenson said that Steven Allred, the city' s Legisla- tive representative, would brief the Council on Thursday about the progress on legislation which related to the City. The briefing session ad- journed. 90-13 PROCARINGS OF THE CITY COUNCIL OF SALT LAKE CIO, UTAH TUESDAY, JANUARY 9, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, January 9, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Lynda Domino, Chief Deputy City Recorder, were present. Council Chair Hardman presided at and conducted the meeting. OPENING CEREMONIES He said those owners had the water rights and were not involved in #1. The invocation was given any exchange agreements. The by Police Chaplain Gil Farnsworth. Mayor said Salt Lake City policy had been to try and acquire any #2. The Council led the water rights. He said he had Pledge of Allegiance. asked Mr. Hooton to investigate this matter. #3. Councilmember Godfrey moved and Councilmember Kirk CONSENT AGENDA seconded to approve the minutes of the Salt Lake City Council for the Councilmember Godfrey moved Oath of Office Ceremony and the and Councilmember Kirk seconded regular meeting which were held to approve the consent agenda Tuesday, January 2, 1990, which except for Item #1 which was motion carried, all members voted pulled, which motion carried, all aye. members voted aye. (M 90-1) #1. RE: Setting a date to COMMENTS hold a public hearing on February 6, 1990, at 6:20 p.m. to receive #1. B.T. Price, city resi- public comment and consider adopt- dent, said there were six deep ing an ordinance rezoning the wells within the area of 400 South property between 800 West and 640 and South Temple and asked if the West and 700 South and 1300 South city was using the water from from an Industrial "M-2" to an them. Industrial "M-1A" classification. Councilmember Whitehead asked ACTION: The Council pulled who owned the wells. Mayor this item from the agenda. DePaulis said Salt Lake City owned (P 89-234) one of the wells and he said LeRoy Hooton, director of public utili- #2. RE: Setting a date to ties, said the city used the hold a public hearing on February water from it. He said the other 6, 1990, at 6:30 p.m. to receive five wells were owned privately. public comment and consider adopt- 90-14 PROC INGS OF THE CITY COUNCIL OF SALT LAKE CI I, UTAH TUESDAY, JANUARY 9, 1990 ing an ordinance rezoning the to handicapped parking. property between the Jordan River and 700 West and 900 South to ACTION: Without objection California Avenue from "R-4" and Councilmember Hardman referred "R-2" to "R-1" and "R-lA" classi- this ordinance to the consent fications. agenda. (P 89-235) (0 90-4) #3. RE: Setting a date to #3. RE: Special Improvement hold a public hearing on February District 38-864 - Central Business 6, 1990 at 6:40 p.m. to receive District. public comment concerning techni- cal amendments to zoning ordinanc- ACTION: Councilmember Godfrey es to correct inaccuracies, omis- moved and Councilmember Whitehead sions and improve the readability seconded to suspend the rules and of the zoning ordinances, prior to on first reading adopt Resolution reprinting. 3 of 1990 declaring the intention (0 90-3) of the City Council of Salt Lake City, Salt Lake County, State of #4. RE: Approving the Utah, to construct improvements in reappointment of Paul B. Keyser to the Central Business District the Public Utilities Advisory including curb, gutter, sidewalks Committee. with brick pavers, driveways, (I 90-1) drainage, trees, planters, tie-in paving, irrigation, vault abandon- #5. RE: Approving the ment or rebuilding, electrical reappointment of Vaughn B. Wonna- systems, street lighting operation cott to the Public Utilities and maintenance of street lighting Advisory Committee, for one year, and drains and all (I 90-1) other miscellaneous work necessary to complete the improvements; to #6. RE: Approving the create Salt Lake City, Utah Spe- appointment of Eldon G. Marshall cial Improvement District No. 38- to the Mosquito Abatement Dis- 864; to defray the cost and ex- trict. penses of a portion of said im- (I 90-8) provement district by special assessments to be levied against NEW COUNCIL BUSINESS the property benefited by such improvements; to provide notice of #1. RE: The appointment of intention to authorize such im- Mark Hafey to the Board of Adjust- provements and to fix a time and ment. place for protests against such improvements or the creation of ACTION: Without objection said district; to authorize adver- Councilmember Hardman referred tisement of construction bids and this appointment to the Committee related matters, which motion of the Whole. carried, all members voted aye. (I 90-3) (Q 90-1) #2. RE: An ordinance amend- UNFINISHED COUNCIL BUSINESS ing Chapter 12. 56, Salt Lake City Code, by amending Sections 12. 56. - #1. RE: An ordinance amend- 120 and 12. 56. 130 and by enacting ing Sections 17. 16.300, 17. 16. 120 a new Section 12. 56. 135 relating and 17.48.050, and enacting a new 90-15 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CI* UTAH TUESDAY, JANUARY 9, 1990 Section 17. 16.345 of the Salt Lake City Code, relating to water and sewer main connections. ACTION: Councilmember Godfrey moved and Councilmember Kirk seconded to set a public hearing for February 13, 1990, at 6:20 p.m. , which motion carried, all members voted aye. (0 90-2) The meeting adjourned at 6: 15 p.m. ojI, A- COUNCIL CHAIR /OVVOr CI Y R. i -DE 90-16 d a) (t ° r/ /sAl? b) ' (jlC+vj. O c(�- - LUe'c, � � ,a: ems'• v II IrI Y b SALT LAKE CITY COUNCIL AGENDA ` �` ' 01" CITY COUNCIL CHAMBER ar,.f�L a Sca 61 ROOM 315 J�-C� II CITY AND COUNTY BUILDING 451 SOUTH STATE STREET Tuesday, January 9, 1990 6:00 p.m. A. BRIEFING SESSION: 5:00 - 5:55 p.m. , Room 325 City and County Building, 451 South State. 1 . Report of the Executive Director. 2. Councilmembers Horrocks and Kirk will provide an update relating to the Salt Palace Task Force. B. OPENING CEREMONIES: 1 . Invocation. 2. Pledge of Allegiance. AV1 3. Approval of the Minutes. C. COMMENTS: 1 . Questions to the Mayor from the City Council. 2. Citizen Comments to the Council. D. CONSENT: 1 . Legislative Action - Councilmember Wayne Horrocks InQ. Set date to hold a hearing on February 6, 1990 at 6:20 p.m. to receive ' ' oII public comment and consider adopting an ordinance rezoning the property between 800 West and 640 West and 700 South and 1300 South Streets from an 7 Industrial "M-2" to an Industrial "M1-A" classification. -d-141k----------- (P 89-234) Staff recommendation: Set date. 2. Legislative Action - Councilmember Wayne Horrocks Set date to hold a hearing on February 6, 1990 at 6:30 p.m. to receive public comment and consider adopting an ordinance rezoning the property between the Jordan River and 700 West and 900 South Street to California Avenue from "R-4" and "R-2" to "R-1" and "R-1A" classifications. (P 89-235) Staff recommendation: Set date. fu-0 ,\ s� li-e4A.ao�- Qkt, )421 --, 3. Technical Amendments to Zoning Ordinances Set date to hold a hearing on February 6, 1990 at 6:40 p.m. to receive public comment concerning technical amendments to zoning ordinances to correct inaccuracies, omissions and improve the readability of the Zoning Ordinances prior to reprinting. (0 90-3) Staff recommendation: Set date. 4. Board Reappointment : Public Utilities Advisory Committee Consider approving the reappointment of Paul B. Keyser to the Public Utilities Advisory Committee. (I 90-1) Staff recommendation: Approve. 5. Board Reappointment: Public Utilities Advisory Committee Consider approving the reappointment of Vaughn B. Wonnacott to the Public Utilities Advisory Committee. (I 90-1) Staff recommendation: Approve. Board Appointment: Mosquito Abatement District �uxrk ,n8&124 onsider approving the appointment of Eldon G. Marshall to the Mosquito �.yj Acp/6(_Abatement District. r1Q IJJ��N V (I 90-8) Lin ih�tcry. ^n �,�y1� 1111 � Staff recommendation: Approve. r vl 1 `' '1 L CQhakt enU J'e d (a O /1 NEW COUNCIL BUSINESS: 1 . Board Appointment: Board of Adjustment Consider the appointment of Mark Hafey to the Board of Adjustment. (I 90-3) Staff recommendation: Refer to Committee of the Whole. O2. Ordinance Amendment : Handicapped Parking 00-r3 Consider adopting an ordinance amending Chapter 12.56, Salt Lake City Code, by amending sections 12.56. 120 and 12.56. 130 and by enacting a new section 11 v 7'n'riS 12.56. 135 relating to handicapped parking. ty1 ( efv\ , (0 90-4) Staff recommendation: Refer to Consent . Resolution: Special Improvement District #38-864/Central Business District Consider adopting a resolution declaring the intention of the City Council �p of Salt Lake City, Salt Lake County, State of Utah, to construct 1�� improvements in the Central Business District including curb, gutter, sidewalks with brick pavers, driveways, drainage, trees, planters, tie-in � ((' ��, paving, irrigation, vault abandonment or rebuilding, electrical systems, (-4 C� street lighting operation and maintenance of street lighting for one year, IIJJ�� 1��'�1 \�� and drains and all other miscellaneous work necessary to complete the \ provements; to create Salt Lake City, Utah Special Improvement District _�;� " , \ CO-''" No. 38-864; to defray the cost and expenses of a portion of said improvement \� '\\ '\�n�� district by special assessments to be levied against the property benefited \ / by such improvements; to provide notice of intention to authorize such improvements and to�fix a time and place for protests against such C improvements or the creation of said district ; to authorize advertisement of UN(\ f \r4j _�c> construction bids and related matters. VQ (Q 90-1) �\Q Staff recommendation: Suspend rules and adopt. \� (R09- F. UNFINISHED COUNCIL BUSINESS: 1 . Ordinance: Water and Sewer Main Connections Set date to hold a hearing on February 13, 1990 at 6:20 p.m. to receive public comment concerning and consider adopting an ordinance amending sections 17. 16.300, 17. 16. 120 and 17.48.050, and enacting a new section 17. 16.345 of the Salt Lake City Code, relating to water and sewer main connections. (0 90-2) Staff recommendation: Set date. G. PUBLIC HEARINGS: H. ADJOURNMENT. ** FINAL ACTION MAY BE TAKEN AND/OR ORDINANCES ADOPTED CONCERNING ANY ITEM ON THIS AGENDA DATED: `� I GG 0 BY: CITY REC R STATE OF UTAH ) COUNTY OF SALT LAKE ) ss. On the 5th day of January, 1990 I personally delivered a copy of the foregoing notice to the Mayor and City Council and posted copies of the same in conspicuous view, at the following times and locations within the City and County Building, 451 South State Street , Salt Lake City, Utah: 1 . At 5:00 p.m. in the City Recorder's Office, Room 415; and 2. At 5:00 p.m. in the Newsroom, Room 343. CI Y 'ECIR Subscribed and sworn to before me this 5th day of January, 1990. N�Sta y Public residing in the State of Utah My C LSSLFx�- ::5' 1 `""-T�' LYNDAryDOM LINO I 8 Cour 'i g 'q�, sah[ake Citit ) ,p My Commission APPROVAL: (4 EXECU VE DIR CTOR PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 The City Council of Salt Lake City, Utah, met for the Oath of Office Ceremony on Tuesday, January 2, 1990, at 12:00 Noon in Room 315, City Council Chambers, City and County Building, 451 South State. The following Council Members were present: Wayne Horrocks Tom Godfrey Sydney R. Fonnesbeck Roselyn Kirk Alan Hardman Councilmembers Bittner and Stoler were absent. Mayor Palmer DePaulis was present. Council Chair-Elect Alan tion didn't accomplish anything Hardman opened the meeting. but great things were accomplished through cooperation. She also Boy Scout Troop 687 presented said she found out that people the colors and led the pledge of were the most important thing in allegiance. the organization and the way to get things done was to be open and Mr. Hardman welcomed everyone honest and be good to people. She present and excused Council- said Salt Lake City was blessed members Bittner and Stoler who with having good people serving were out of town. He recognized the city. past and present elected officials as well as community and business She said she enjoyed her leaders who were present. He said association with Mayor DePaulis this was the 10th anniversary of and thanked her neighborhood for the Salt Lake City Council. He being so supportive. She said it then invited the outgoing Coun- had been a privilege to serve and cilmembers to make comments. she wished the new council well . She said she was pleased with Mrs. Councilmember Fonnesbeck ex- Pace as the new council member for pressed her gratitude to her District 3. family and introduced those mem- bers who were present. She said Mayor DePaulis welcomed those the last 10 years had been excit- who were present and said ing and said she thought the Councilmember Fonnesbeck' s 10-year Council 's best achievement had legacy was quite an achievement. been its initial charge which was He said a good council member to form a new government. She said balanced the needs of their dis- the Mayor at that time wanted to trict against those of the entire form a good government of checks city and he said Councilmember and balances. Fonnesbeck had done a good job. She paid tribute to the first He commended Mrs. Fonnesbeck council and said they didn't for her stabilizing influence rubberstamp each other or the during changes and difficult Mayor. She also said they were times. He also said she'd been fully aware that their decisions fair with city employees and the would set precedent for future public in terms of taxation. In councils. She said she found out regards to zoning issues and quickly that an adversarial posi- 90-1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 historic preservation, he com- profitable business without a mended Mrs. Fonnesbeck for the negative impact on the canyons or legacy she would leave in terms of taxpayers. how the city viewed these issues. He pointed out that she was one of He pledged his support to the people most responsible for Salt Lake City citizens and said the restoration of the City and he looked forward to working with County Building. the Mayor, the Councilmembers and department heads. He said work- He then presented Council- ing together they would make Salt member Fonnesbeck with a silver Lake City a better place to live. plate inscribed with her service dates and etched with the City Mrs. Pace expressed her and County Building. Mayor enthusiasm about Salt Lake City. DePaulis said each outgoing member She said the economy was growing. would receive this gift. She said citizens were involved in a grassroots movement that gave Kathryn Marshall, city re- vitality to neighborhood coun- corder, then administered the Oath cils, generated involvement in the of Office individually to Ronald revitalization of downtown and Whitehead, District 1, Nancy Pace, promoted advocacy for homeless and District 3, Tom Godfrey, District low income people. 5, and Don Hale, District 7. After taking the oath, each person She also said people were spoke briefly. donating untold hours on citizens boards charting the course of the Mr. Whitehead introduced his city as arbitrators, advocates and family and thanked all the volun- boards of appeal. She said there teers who had helped on his cam- was also a new demand for account- paign. He thanked those who had ability. She said she believed at contributed financially and also this point in time Salt Lake City thanked his business partners. was presented with a window of Lastly he thanked the citizens who opportunity to orchestrate its voted. He outlined the accom- future and said it was a privilege plishments he hoped to see in the to participate in this opportuni- next four years. ty. She then introduced her family and thanked the voters and First he said he wanted to her campaign committee. see the new Jazz Arena built, Block 57 well underway and Block She thanked Councilmember 53 completed. He said redevelop- Fonnesbeck for her support and ment was important in order to thanked Councilmembers Bittner and improve a city. Second, he said Staler for their service. She said he hoped crime would decrease and as a new decade began she looked said the city needed more police forward to serving Salt Lake City. officers and more people involved in crime watch. Mr. Godfrey thanked all those who supported him in his reelec- Third, he said the city tion campaign and thanked present needed a war on drugs in order to and past City Council staff mem- rid neighborhoods of drug dealers. bers. He gave special recognition And fourth, he said he wanted Salt to Mrs. Fonnesbeck and said she Lake City to receive the bid for had been a great person to work the 1998 Olympics and run it as a with. He recognized her for 90-2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 staying with the Council for 10 He said the legacy he wanted years and for her persistent to leave was to help people in the efforts in reminding the Council family units get the righteous that their goal was to make good desires of their hearts. He public policy. wanted to see better education, better living conditions, stronger He said he was proud of a families, and safety on the number of things that the Council streets. He said he thought the had accomplished in the last five city should encourage business to years. He was proud that the come into the area and should Council decided, with the citizens create stepping stones rather support, to restore the City and than stumbling blocks. County Building. He said he was proud that the Council managed to He said he was excited about retain city services without a tax the mix of the new council. He increase when the economy was said he read all of their resumes flat for so many years. and was impressed with their goals and accomplishments. He wished He said he was pleased to the outgoing members well and paid have had the opportunity to deal special tribute to Mrs. with housing issues for low to Fonnesbeck. moderate income people. He said he was also proud to chair and He said he was anxious to see raise money for the city' s housing what the new decade would bring conference last January. He said and committed himself as a member the draft for a city-wide housing of the Council to do all he could policy and implementation strate- to work in harmony with the other gies would come to the Council members. He said he thought within the next few months. harmony should epitomize the Council ' s efforts. He said in the next four years the Council ' s responsibili- Mr. Hardman concluded the ty would be to establish proce- ceremonies and congratulated the dures and policies to prepare the new council members. He invited city and its residents for any all those present to attend a future possibilities. He said reception immediately following four years ago he promised to do the meeting. what was right for District 5 and Salt Lake City and he said he The ceremony adjourned at would continue to do so. He said 12:55 p.m. he would continue to cast his votes as if each one were his last. Council Chair Mr. Hale paid tribute to all those who worked hard for his campaign and he acknowledged his family members and friends who City Recorder were present. He said he thought the greatest quality one could develop was charity. He said the city was the sum total of all its vital parts - the family units. 90-3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, January 2, 1990, at 5:00 p.m. in Room 325, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Council Chair-Elect Hardman presided at the meeting. Cindy Gust-Jenson, Council Item E-2 contained a typo- Executive Director reviewed the graphical error; the year should Council ' s engagement calendar and read "1990" and not "1900" . schedule for the upcoming budget process. She noted that the In reviewing the board ap- bonding training session would be pointments, Ms. Gust-Jenson ex- held on Monday, January 8th at plained the process of how these 5:30 p.m. and would include din- appointments appeared on the ner. The City' s financial advisor agenda twice and how each was and a bond counsel would be referred to Committee of the Whole present to provide this training. for interviews prior to approval. She said reappointments were Ms. Gust-Jenson then conveyed usually referred to the consent to the Council, the League of agenda. Mayor DePaulis explained Cities ' request for a letter in that Rosemary Curtin on his staff support of Councilmember Godfrey's was responsible for coordinating reappointment to the League's information on these appointments Steering Committee. This was a and should be the Council ' s con- position he held during 1989 and tact for information or if they the letter was required for his wanted to recommend someone for an continued involvement. The staff appointment. Ms. Gust-Jenson also was directed to prepare the letter said that Ed Snow of the Council for the Chair's signature. Staff would work with them regard- ing boards. In reviewing the evening's agenda, Ms. Gust-Jenson explained Items F2 and F3 related to how the briefing session had the original Iker petition which traditionally been conducted and requested rezoning of property. noted the following agenda items. Per the Council ' s request this petition was split into two sepa- Mr. Sam Taylor would be rate ordinances, which appeared present to make comments for Item on the agenda. Councilmember Pace C-2, requesting the City to con- asked for some background on this sider allowing use of the City issue. Ms. Gust-Jenson explained parking complex for library pa- this was a request for a rezoning trons after business hours. He on a small portion of land and the would also invite the Council to Planning Commission had also made an information session he had a recommendation to rezone an scheduled. additional parcel. This included a downzoning which had created some problems for the owner of a 90-4 PROCEEDINGS OF TtlE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 historical home. The Council 's The briefing session was request for the separate ordinanc- concluded and the Council conduct- es allowed for a special provision ed the official meeting in the for the historic home owner and Council Chambers. also addressed the needs of the Planning Commission and the origi- At the conclusion of the nal petitioners. official business, the Council further discussed Item A-2 re- The item relating to the garding the Salt Palace Implemen- Ricks and Brown request was pulled tation Task Force. Mayor DePaulis due to a technical problem with and Chief of Staff Mike Zuhl the paperwork in the Attorney' s indicated that a $15 million City Office. This item was tenta- participation level had been tively rescheduled for the January requested and discussed, but 9th agenda. representatives had been careful to state that no firm commitment In discussing Item A-2 (Coun- could be made. The $15 million cil representative to the Salt could take the form of $8 million Palace Implementation Task Force) , from RDA and $7 million from the it was indicated that the RDA City to be funded up front by Chair had previously served. bonding. Councilmember Horrocks was asked to attend as the 1989 Vice-Chair It was stressed that the City since a meeting would be held would not participate in such a before the Council could official- program if the one percent room ly select a representative. tax were lost. The Council dis- cussed the pros and cons of in- Councilmember Godfrey indi- creasing the room tax. cated the funds for this were not exclusively RDA. He suggested a Councilmember Godfrey ex- meeting with the Council and the pressed concern about the possi- Mayor to explore this further. bility of losing the room tax and Since this Salt Palace Implementa- indicated support for increasing tion Task Force was on the Brief- the tax. Councilmember Hale ing Session agenda, the Council encouraged the Council to keep in elected to reconvene following the mind long-term benefits associated regular Council session to hold with the project. Councilmembers this meeting with the Mayor. Horrocks and Kirk would attend Councilmember Hardman inquired the next meeting of the Salt about a policy addressing such Palace Task Force. appointments and asked Staff to determine if such a policy exist- Councilmember Kirk indicated ed. that the fine arts agreement had only one more year of funding. Councilmember Hardman pro- Councilmembers expressed the posed that the Council resume desire not to have a long-term regular monthly meetings with the commitment to the fine arts facil- Mayor as had been done in the ities tied to the Salt Palace past. It was decided that these discussions. meetings would generally take place the third Thursday of each The briefing session was month at 4:00 p.m. for any avail- adjourned. able member to attend. Agendas would be posted for these meet- ings. 90-5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, January 2, 1990, at 6:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South State Street. The following Council Members were present: Ronald Whitehead Alan Hardman Roselyn Kirk Wayne Horrocks Tom Godfrey Don Hale Nancy Pace Mayor Palmer DePaulis, Roger Cutler, City Attorney, Kathryn Marshall, City Recorder, and Lynda Domino, Chief Deputy City Recorder, were present. Council Chair-Elect Hardman presided at and conducted the meeting. OPENING CEREMONIES proposals to relieve jail over- crowding would be held at the #1. The invocation was given Salt Lake City main library. He by Police Chaplain W. C. Rounds. suggested that the Council send a staff member or possibly attend #2. The Council led the the meeting themselves and said Pledge of Allegiance. representatives from the Utah Transit Authority and the Wasatch #3. Councilmember Godfrey Front Regional Council would be moved and Councilmember Kirk present. He said there would seconded to approve the minutes of possibly be a representative from the Salt Lake City Council for the the Urban Mass Transportation regular meeting held Tuesday, Administration in Washington, December 12, 1989, which motion D.C. , also present at the meeting. carried, all members voted aye. (M 90-1) He said he had suggested in the past that the Council adopt a COMMENTS resolution asking government agencies and businesses to allow #1. Sam Taylor asked the employees to choose flexible Council to allow the public to working hours in order to allevi- park free of charge in the vicini- ate traffic congestion. He said ty of the Salt Lake City main he also supported a four-day work library after hours and on week- week. He mentioned that the ends. He said more parking was federal government recommended needed for those people who used flexible hours and a four-day the library and attended functions work week in order to alleviate there. He also requested that the traffic problems. He also sug- parking garage north of the li- gested that the Council adopt a brary be available for public resolution asking the UTA to have parking at no charge. more direct bus routes. He said that on Saturday, Councilmember Hardman said January 13, a public information Mr. Taylor' s parking request was meeting regarding public transpor- relayed to administration and he tation and alternative sentencing asked him if he had received a 90-6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 reply. Mr. Taylor said Cindy appointment of Beverly Peck to the Gust-Jenson (Council Executive Recreation Advisory Board. Director) had told him that his (I 89-21) parking request would be allowed on January 13, but he said he was NEW COUNCIL BUSINESS asking for parking on a permanent basis. #1. RE: An ordinance amend- ing sections 17. 16.300, 17. 16. 120, Mayor DePaulis said the 17.48.050 and enacting a new permanent decision about this Section 17.16.345 of the Salt Lake parking request had been deter- City Code, relating to water and mined. He said the city would put sewer main connections. up additional signage to state that parking on 2nd East was ACTION: Without objection available for the public after Councilmember Hardman referred hours and on weekends. this to the Committee of the Whole. Councilmember Pace asked (0 90-2) about the status of allowing people to use the parking garage. #2. RE: A public hearing on Ms. Gust-Jenson said this issue January 16, 1990, at 6:00 p.m. to had not been fully resolved since receive comment concerning adopt- the issue had to be pursued with ing a resolution authorizing the the other entities that used the issuance and confirming the sale garage. She said Steve Oliver, of not more than $35,000, 000 facilities services, was working aggregate principal amount of on this and would report back to Airport Revenue Bonds, Series the Mayor. 1990, of Salt Lake City, Salt Lake County, fixing the maximum aggre- CONSENT AGENDA gate principal amount of the bonds, the maximum number of years Councilmember Godfrey moved over which the bonds may mature, and Councilmember Whitehead sec- the maximum interest rate which onded to approve the consent the bonds may bear and the maximum agenda, which motion carried, all discount from par at which the members voted aye. bonds may be sold; authorizing publication of a notice of bonds #1. RE: Ratifying the elec- to be issued; and related matters. tion of Alan G. Hardman as Chair and Nancy K. Pace as Vice Chair of ACTION: Councilmember Godfrey the Salt Lake City Council for moved and Councilmember Horrocks calendar year 1990. seconded to set the date for the (G 90-1) public hearing, which motion carried, all members voted aye. #2. RE: Adopting Resolution (Q 89-8) 1 of 1990 authorizing the execu- tion of an interlocal cooperation #3. RE: The appointment of agreement between Salt Lake City Curley C. Jones to the Community Corporation and the Utah National Development Advisory Committee. Guard for the lease of property at the Salt Lake City Airport. ACTION: Councilmember Godfrey (C 90-1) moved and Councilmember Whitehead seconded to refer this to the #3. RE: Approving the Committee of the Whole, which 90-7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 motion carried, all members voted Abatement District. aye. ( I 90-2) ACTION: Councilmember Godfrey moved and Councilmember Whitehead #4. RE: The appointment of seconded to refer this to the Guy Paul Kroesche to the Salt Lake Committee of the Whole, which Art Design Board. motion carried, all members voted aye. ACTION: Councilmember Godfrey (I 90-8) moved and Councilmember Whitehead seconded to refer this to the #9. RE: The appointment of Committee of the Whole, which Stuart Loosli to the Historical motion carried, all members voted Landmark Committee. aye. ( I 90-4) ACTION: Councilmember Godfrey moved and Councilmember Whitehead #5. RE: The appointment of seconded to refer this to the Linda Peterson to the Golf Adviso- Committee of the Whole, which ry Board. motion carried, all members voted aye. ACTION: Councilmember Godfrey (I 90-9) moved and Councilmember Whitehead seconded to refer this to the #10. RE: The appointment of Committee of the Whole, which John Gates to the Historical motion carried, all members voted Landmark Committee. aye. (I 90-5) ACTION: Councilmember Godfrey moved and Councilmember Whitehead #6. RE: The appointment of seconded to refer this to the William B. Bohling to the Housing Committee of the Whole, which Advisory and Appeals Board. motion carried, all members voted aye. ACTION: Councilmember Godfrey (I 90-9) moved and Councilmember Whitehead seconded to refer this to the #11. RE: The appointment of Committee of the Whole, which David Svikhart to the Historical motion carried, all members voted Landmark Committee. aye. (I 90-6) ACTION: Councilmember Godfrey moved and Councilmember Whitehead #7. RE: The appointment of seconded to refer this to the Stephen H. Beard to the Recreation Committee of the Whole, which Advisory Board. motion carried, all members voted aye. ACTION: Councilmember Godfrey (I 90-9) moved and Councilmember Whitehead seconded to refer this to the #12. RE: The reappointment Committee of the Whole, which of Paul B. Keyser to the Public motion carried, all members voted Utilities Advisory Committee. aye. (I 90-7) ACTION: Councilmember Godfrey moved and Councilmember Whitehead #8. RE: The appointment of seconded to refer this to the Eldon G. Marshall to the Mosquito consent agenda, which motion 90-8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 carried, all members voted aye. arrangement. ( I 90-1) (T 90-1) #13. RE: The reappointment #2. RE: An ordinance amend- of Vaughn B. Wonnacott to the ing Section 21. 14.020 of the Salt Public Utilities Advisory Commit- Lake City Code relating to zoning tee. and fixing boundaries of use districts by rezoning 1307 South ACTION: Councilmember Godfrey 900 West from "R-2" to "B-3" . moved and Councilmember Whitehead seconded to refer this to the ACTION: Councilmember Kirk consent agenda, which motion moved and Councilmember Pace carried, all members voted aye. seconded to adopt Ordinance 1 of ( I 90-1) 1990, which motion carried, all members voted aye. UNFINISHED COUNCIL BUSINESS DISCUSSION: Bill Wright, #1. RE: Accepting the deputy planning director, said a recommendation to award adminis- public hearing was held during the tration of the 15th year Security later part of 1989 before the Lock Program to Neighborhood Planning Commission and the Coun- Housing Services. cil. He said the Planning Com- mission recommended changing the ACTION: Councilmember Hor- zoning on the southeast corner of rocks moved and Councilmember 1300 South 900 West from "R-2" to Godfrey seconded to accept the "B-3" in order to expand the recommendation, which motion existing "B-3" zone. He said this carried, all members voted aye. would accommodate the petitioner' s expansion plans. He said the DISCUSSION: Councilmember petitioner operated a food broker- Kirk asked Councilmember Horrocks age office complex and owned all if he felt comfortable with this but one parcel of property, which issue. they had an option to purchase. Mr. Horrocks said he did and He said the Planning Commis- explained that after accompanying sion also reviewed the northwest Rosemary Davis and Frank Ramos, corner which was zoned "B-3" . He capital planning division, on a said this corner was master number of inspections, he only planned in 1972 to be a residen- found one door that was very bad. tial zoning and had been a resi- He said minor items showed up in dential landuse for most of that the inspections but he met with time. He said during the last Ms. Davis and representatives from Council hearing the uses on this NHS and crime prevention to dis- corner were discussed and planning cuss his recommendations. He said staff pointed out that there had one of his recommendations was to been a business application sub- have crime prevention personnel do mitted which was denied. He said the home security inspections the present owner currently occu- prior to the work being done and pied the home and wanted to oper- then allow them to inspect after- ate an in-home business. wards to insure that the work was done in a manner consistent with He said the ordinance security. He said that both rezoning the "R-2" corner to "B-3" parties were satisfied with this would take effect upon publica- 90-9 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, JANUARY 2, 1990 tion. The ordinance rezoning the the Salt Lake Community Shelter "B-3" corner to "R-2" would take and Resource Center to include effect upon publication but was facilities for single women. not to be published for 120 days. He said this would allow the ACTION: Councilmember Godfrey present owner to establish a moved and Councilmember Horrocks business plan and obtain a license seconded to adopt Resolution 2 of which would establish her noncon- 1990, which motion carried, all forming right. He said the non- members voted aye. conforming right would protect the structure from demolition. DISCUSSION: Councilmember Kirk asked if this remodeling He also pointed out that the would be near the present facili- west side of 900 West from Fremont ty. Rosemary Davis, capital to 1300 South was a recommended planning, said this would be on historical or conservation dis- the other side of the present trict and a group of people was facility. actively pursuing this designa- (C 90-2) tion. He said the home being rezoned from "B-3" to "R-2" would PUBLIC HEARING be in that district. #1. RE: A public hearing at Councilmember Horrocks said 6:20 p.m. to receive comment and he was opposed to "B-3" zones but consider adopting an ordinance supported this change because the amending Section 21.74. 140, Salt corner in question needed to be Lake City Code, adding the Bay- improved. He said the petitioner singer and Hills houses as City maintained their property in top Landmark Sites. condition. (P 89-174) ACTION: Councilmember Kirk moved and Councilmember Godfrey #3. RE: An ordinance amend- seconded to close the public ing Section 21 .14.020 of the Salt hearing, which motion carried, all Lake City Code relating to zoning members voted aye. and fixing boundaries of use districts by rezoning 1300 South Councilmember Whitehead moved 900 West from "B-3" to "R-2". and Councilmember Horrocks sec- onded to adopt Ordinance 3 of ACTION: Councilmember Hor- 1990, which motion carried, all rocks moved and Councilmember Kirk members voted aye. seconded to adopt Ordinance 2 of 1990, which motion carried, all DISCUSSION: Bil Schwab, members voted aye. planning and zoning staff, said the Historical Landmark Committee DISCUSSION: Bill Wright, and the Planning Commission re- deputy planning director, included viewed the two houses proposed this ordinance in his discussion for inclusion as city landmarks. of item #2. He said Janet Nimer nominated the (P 89-174) Lewis and Theresa B. Hills house, 425 East First South, and Celia #4. RE: The execution of an Peterson nominated the Madison interlocal cooperation agreement Baysinger house, 126 Mead Avenue. between Salt lake City and Salt Mr. Schwab showed slides of the lake County for the renovation of homes while Ms. Nimer and Ms. 90-10 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKi CITY, UTAH TUESDAY, JANUARY 2, 1990 Peterson described them. Ms. Nimer said the Hills home was significant both historically and architecturally. She said it was a Victorian Eclectic archi- tectural style and the principal style was Neoclassical. She said the woodwork and stained glass windows inside the home were original. She said the fire- places were imported from Europe, and the sink and tub in the master bathroom were original to the house. Ms. Peterson said the Bay- singer house had features which she thought should be preserved. She said an architectural survey had been done on the house which stated that it had architectural significance. She said the home was a Queen Ann style built in 1900 and the interior woodwork was original. She said she thought preserving this home would be an incentive to others in the area to improve their properties. No one opposed this issue. (L 89-1) The meeting adjourned at 6: 50 p.m. Council Chair City Recorder 90-11 DI CRAIG E. PETERSON SALE'1.10 a j%tit G. O naejig' DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council December 27, 1989 Re: Petition No. 400-751 - Legislative Action submitted by Council Member Wayne Horrocks Recommendation: That the City Council hold a public hearing on February 6, 1990 at 6:20 p.m. to discuss Petition No. 400-751-89, Legislative Action, submitted by Council Member Wayne Horrocks. The hearing will be to consider rezoning property located between 800 West and 640 West and 700 South to 1300 South Street from an Industrial "M-2" to a Industrial "M-lA" zoning district. Availability of Funds: Not applicable Discussion and Background: The original request was to have the area between 800 West and I-15 and 700 South to 1300 South Street be rezoned. The Planning Commission set aside the area between 640 West and I-15 for further study and reconsideration at a later date. The Planning Commission has reviewed and approved the rezoning of property located between 800 West and 640 West and 700 South to 1300 South. The Industrial "M-2" zone did conflict with the intended use of the area under • the master plan by allowing mass storage of petroleum products above ground, which would pose a safety threat to area residents. The area directly adjacent or across the street from the residential zones did constitute a conflict in use that could be mitigated by landscaping and use restriction provided by the Industrial "M-lA" rezone. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. ubmitted by: ICHAEL B. Z Acting Direc r Community and Economic Development SALT LAKE CITY ORDINANCE No. of 1989 (Rezoning property located between the 800 West Street and I-15 and 700 South to 1300 South Streets pursuant to Petition No. 400-751-89 ) AN ORDINANCE AMENDING SECTION 21 . 14.020 OF THE SALT LAKE CITY CODE RELATING TO ZONING AND FIXING OF BOUNDARIES OF USE DISTRICTS. WHEREAS, in response to the rezoning petition initiated by City Council Member Wayne Horrocks, No. 400-751-89, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing and demographic details of the area and the Master Plan as part of its deliberation. Pursuant to these deliberations, the Council has concluded that the proposed change of zoning for the property located between 800 West Street and I-15 and 700 South and 1300 South Streets is appropriate for the development of the community in that area; THEREFORE, The City Council of Salt Lake City, Utah, hereby adopts the following amendments to the Use District provisions of Title 21 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the Use District Map, as adopted by Section 21 . 14.020 of the Salt Lake City Code, relating to the fixing of boundaries of Use Districts, be, and the same hereby is AMENDED to read as follows: 21. 14.020. Boundaries of Districts - Use District Map Adopted. The following-described parcel of real property in Salt Lake City, Utah, presently zoned Industrial "M-2" is hereby rezoned "M-lA" as noted below, and the Use District Map is amended accordingly: Industrial "M-2" to "M-1A" From the southwest corner of Lot 38, Block 14, Plat 1 of Plat C, Salt Lake City Survey, which is the north east corner of the intersection of 800 West Street and Arapahoe Avenue, 125 feet east along the south lot line of said Lot 38 to the point of beginning; thence east 78 feet +/- to the intersection with the west no access line of I-15; thence southeasterly along the west no-access line of 1-15 to the intersection of the west no-access line of I-15 with the east property line of Lot 9, Block 25, Five Acre Plat "A" , Salt Lake City Survey; thence south along said Lot 9, extended to the north right-of-way line of 13th South Street; thence west 757.03 feet to the intersection of 1300 South Street with 700 West Street east right-of-way line; thence north along the east right-of-way line of 700 West Street to the northwest corner of Lot 6, Block 25, Five Acre Plat "A" , Salt Lake City Survey; thence S 89°056 ' 40" W 700 feet +/- to a point 125 feet east of the east right-of-way line of 800 West Street; thence north along a line 125 feet east of the east in19- `6yA 1(,,Up.--- right-of-way line of 800 West Street to the point of beginning. SECTION 2. EFFECTIVE DATE AND CONDITIONS. This ordinance shall become effective when recorded. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON -2- woe ALLEN C. JOHNSON, AICP ,,o+` + r gillyr CO ©�[© IIOE PALMER DEPAULIS PLANNING DIRECTOR MAYOR COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 451 SOUTH STATE STREET ROOM 406, CITY AND COUNTY BUILDING SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7757 November 14 , 1989 Mike Zuhl , Chief of Staff Office of the Mayor Acting Director , Community and Economic Development BUILDING Dear Mr . Zuhl : Please find attached Petition 400-751 by Council Member Wayne Horrocks requesting Salt Lake City rezone property located between 800 West to Interstate-15 and 700 South to 1300 South Streets from an existing Industrial "M-2" to an Industrial "M-lA" zoning district . At Their regular meeting on November 2 , 1989 the Salt Lake City Planning Commission held an Informal Hearing , reviewed the petition , and received public comment from property owners and residents in the area . After deliberation , the Planning Commission determined the following findings of fact : * the Industrial "M-2 " zone did conflict with the intended use of ,the area under the master plan by allowing mass storage of petroleum products above ground , which would pose a -safety th-reat to area residents ; * the area directly adjacent or across the street from residential zones did constitute a conflict in use that could be mitigated by landscaping and use restrictions provided by the Industrial "M-1A" rezone . The Planning Commission recommends approval of the request to rezone from 800 West to the railroad tracks located at 640 West and 700 South to 1300 South from Industrial "M-2" to "M-lA" ; set aside the area from the railroad tracks to Interstate-15 and 930 South to 1300 South for further study and reconsideration at a later date ; and recommended that the Salt Lake City Zoning Ordinance Sec . 21 . 68 . 010 be amended to permit sorting or salvaging within an enclosed structure . The Planning Commission recommends the City Council hold a formal hearing on these rezonings and zoning ordinance text change . Attached are the minutes of the Planning Commission meeting and the Staff report . The legal description of the area recommended for rezoning is attached . Respectfully , Allen C . Johnson AICP Planning erector ACJ : TW attachments Salt Lake City Planning Commission Staff Report Petition No . 400-751 Westside Rezone - Jordan Park Neighborhood Petition No . 400-751 submitted by Council Member Wayne Horrocks , requests that property located between 700 West & I -15 and 700 South and 1300 South Streets be rezoned from Industrial "M-2 " to Industrial "M-lA" . The planning and zoning staff recommend approval of Petition No . 400-751 to rezone the area between 700 West & I-15 and 700 South and 1300 South Streets from "M-2 " to "M-1A" . Additionally , we recommend the rezone of property between 800 West and 700 West from the 700 South north right of way line to 143 . 55 feet north from the center line of Fremont Ave . ( the north boundary of Jordan Park Sub ) be included in the petition for rezone from "M- 2 " to "M-lA" . An informal hearing is scheduled on Thursday , November 2 , 1989 in Room 126 City & County Building to receive public comment on the proposed rezoning . BACKGROUND The area is adjacent to a predominantly single family area known as the Jordan Park Neighborhood , a good lower to middle income family area , with strong neigborhood identity . The rezone of M-2 to M-1A is intended to implement the written recommendations of the Salt Lake City , Model Neighborhood Plan , Westside Community Master Plan of 1974 providing for compatibility between the residential and Industrial uses in the area . Since 1974 the strength and vitality of the adjoining residential neigborhood in maintaining its family oriented character has promoted a master plan update which is now in progress and will recommend the emphasis of compatibility with single family homes and family oriented environments in this neighborhood . ANALYSIS Existing Conditions There is residential use on facing properties to the M-2 zones . The existing M-2 zoning site standards are not protecting this residential area by providing an orderly transition through intensity of land use . Single family homes face directly into industrial uses , such as aluminum recycling , metal fabricating , bottling plants and auto parts wholesalers where there is no required set back and landscaping in front of these industrial uses . Because of State and Federal laws regulating air , water , soil and noise pollution , most light industrial business ' are not as offensive to health and safety of the residential communities as they would have been only a few years ago . Many light industrial uses could make better neighbors than some intensive retail uses , if front setbacks and landscaping were present in the zone . The M-lA zone requires a 15 foot landscaped front yard set back , prohibits major above ground petroleum or petroleum by product storage ; and currently prohibits storage sorting or salvage of auto bodies , other metal , glass , bottles , rags , cans , rubber or paper or other junk articles . These are the currently permitted uses that would be made nonconforming by the zoning change from M-2 to M-1A . Future new Industrial uses or changes in use would be required to meet the 15 foot landscape set back requirements . Owners of existing Industrial structures should be encouraged to comply , when possible , with landscaping guidelines which improve industrial land values . Adjacent Land Use The adjoining residential areas are stable residential neigborhood consisting primarily of long term city residents and are predominantly single family homes built after 1940 , several homes of a historic nature exist near the Jordan River and several new homes are under construction in the area . The Jordan River park represents major public investments in the residential character of the general area and contains the International Peace Gardens . The presence of Industrial uses such as a major petroleum storage facility which is permitted in the M-2 zone would be detrimental to the value of these public improvements and to the health and safety of the 2500 residents who live in the adjacent neighborhood . Master Plan Analysis The present Westside Community Master Plan , prepared in 1974 out lined the area involved in this rezone as Industrial but specified that "Those uses that are noxious by reason of noise , vibration , smoke , odor , fumes , etc . , will not be permitted . " The specific purpose of the M-2 zone is to permit above ground storage of petroleum products or by-products in excess of two ( 2 ) seven thousand ( 7000 ) gallon tanks , which is specifically prohibited in the M-1 zone because of the potential for emission of odor and gas . Storage of large volumes of petroleum products above ground in such close proximity to a residential area of 2500 people would pose a treat to safety from fire or explosion which could result in emission of smoke , noise and other destructive or harmful effects to the residents of the area and to their property . The wording of the master plan was intended to prevent M-3 and M-2 uses in the 1 -15 Industrial corridor of the Westside Planning area . The Welfare Square and Bishops Store House located at 751 West 700 South contains underground storage capacity for petroleum products , this underground storage is permitted in M-lA zones . The M- 1A district prohibits storage or sorting or salvaging of auto bodies , other metal , glass , bottles , rags , cans , rubber or paper or junk articles . This restriction could affect future expansion of : 1 . Deseret Industries , Welfare Square 751 West 700 South 2 . Reynalds Aluminum recycling , 1101 SO 700 West 3 . Standard Metal Co . : Junk 1178 So . 500 West 4 . A . M . Castle Co . : Metal Warehouse 939 So . 700 West 5 . Purcell Truck Tire Center 550 West 1300 So . 6 . Combined supply & Plastic 980 So . 700 West 7 . Aaron Rents : Furniture 520 West 1300 South 8 . Rollins Truck Leasing 1260 So . 500 West 9 . 7-Up Bottling Co . & Recycle Center 959 So . 800 West . These operations will be classified as nonconforming uses in the M-1A zone ; or given legal status by changing the wording of the M-1A ordinance Sec . 21 . 68 . 010 as follows : "except no building or premises may be used for auto wrecking or burning ;—. NOR MAY ANY or for the storage or sorting or salvaging of JUNK ARTICLES , INCLUDING auto bodies , or other metal , glass , bottles , rags , cans , rubber , o-r- paper or other JUNK ARTICLES , BE PERMITTED OUTSIDE OF A FULLY ENCLOSED STRUCTURE articles commonly known as junk . " Most of the buildings or structures currently built for Industrial use in the present M-2 zone would be classified as Nonconforming building or structure because of the 15 foot front yard setback and landscaping requirements of the M- lA Front Yard Regulations ( Sec . 21 . 68 . 020 ) . Aerial photo coverage of this area should be acquired on the date of adoption of this rezone for determination of Nonconforming Building Status in the area . PLANNING GOALS The zoning of this area as M-2 may have contributed to slower than projected growth in housing within adjoining residential areas . The Salt Lake Area Transportation Study had projected 7227 housing units in the Westside Planning area by 1985 but only 6098 were present at the end of 1985 . The poor appearance of Industrial properties is not good for residential growth or stability or for commerce within the view from the I-15/I -80 Interstate . The master plan update for the Westside area is expected to focus on the single family home and retention of resident population within the general area . The master plan encourages an I -15 Industrial corridor which will project an image of the quality Industrial operations within the City . Landscaping buffers will be encouraged , and zoning policies followed that can help industry in meeting Federal and State Environmental requirements and in projecting an image of on-site containment of hazards that is beneficial to industry . RECOMMENDATION The planning staff recommends the rezone from M-2 to M- lA as outlined on Map ( A ) . The requested rezoning for the Industrial area west of I -15 will support the master plan for this area . The proposal will rezone all M-2 property in the corridor between I - 15 and the Jordan River to M-1A Industrial use and provide for front yard setbacks and landscaping in these Industrial areas . The staff also recommends amendment of Salt Lake City Zoning Ordinance Sec . 21 . 68 . 010 to read : " . . . except no building or premises may be used for auto wrecking or burning , NOR MAY ANY or for the storage or sorting or salvaging of JUNK ARTICLES , INCLUDING auto bodies , or other metal , glass , bottles , rags , cans , rubber , c}-r- paper or other JUNK ARTICLES , BE PERMITTED OUTSIDE OF A FULLY ENCLOSED STRUCTURE art clams comrnrcnlp--k-lrrwii as ju,tk . " I — z I ._. . - - E -E bl (*El' 1' - I { JI Le f I O p ° O ° 6:5; • • O) .��o. iLtao A..E O p O N r. L i I� a - - I '1:--ii_...,. .--4'1-ril 4‘.. ' 1 !wR • ° �].fw it x I • i * I, \ I • •. v O .l -Q'. ^ •', Op Q, o_p dt IT V ft -0 0 . ,.tr. .....:1°!b'•. .0.•,..0:•.°: . .0.P• , I •,.,•.'.,:.%)'.• w..4 1 .. . •.•c, •'0, _ -0 •• — f.•rj • . : Al • • . . . n----I ■ n � n _ !T'C� '0J 900 WEJ T 90 loo in 4° • i ri .,21S 'ITI• I yv — _, • . . , .:.„,„, • • • • JEREm• IT \ zl I I =tk : fi , "' S ' � 539 8CC ,<. WEsT \y u ' a \---•••>•7 If`\ ? •►. 114 - - 700 rt 1 T f • ''.. \ \ \ \\ - WO 101'. .-11' % -k. \\\I 1 \ \\\:\\\:\ / A . i00 wEyT .T 0 , \x4 %V, p \\ \\ \ \\\\\. ;. /,///141 ik:111111111.11.441%%... N ��p \� �___�� \ Petition No. 400-751 \ \- \*-77,1 =...„,.. . ,___, \ Wffiiil ' ro N\ N REZONE TO M-1A 44.2c ri: PI --. *EST •.\\! \ l'\\\ ;',.: N . MAP A. N4 s-s \yr-T. \ n 1\ •� .1r. ••-t'. •.1 N •II PC MINUTES November 2, 1989 Page 8 Ms. Liddle-Gamonal closed the hearing to the public and opened it up for Planning Commission discussion. Mr. Nicolatus asked if this parking lot would be open for evening public use. Mr. Money stated that it would be policed by Zions Securities and would not be open for public use in the evening. Mr. Becker moved to recommend approval of Petition No. 410-025 subject to the conditions listed in the staff report. Mr. Schumann seconded the motion; all voted "Aye." The motion passes. IlNPORMAL HEARING - Petition No. 400-752, a Legislative Intent by Councilmember Wayne Horrocks requesting Salt Lake City to rezone property located between the Jordan River to 700 West Street and 900 South to California Avenue from an existing Residential "R-4" to a Residential "R-1" zoning district. II1L HEARING - Petition No. 400-751, a Legislative Intent by Councilmember Wayne Horrocks requesting Salt Lake City to rezone property located between 800 West to Interstate-15 and 700 South to 1300 South Streets from an existing Industrial "M-2" to an Industrial "M-lA" zoning district. Councilmember Wayne Horrocks was present for this portion of the Planning Commission meeting. Mr. Terry Wirth presented the staff reports and stated that Petition No. 400-751 submitted by Councilmember Wayne Horrocks, requests that property located between 700 West and I-15 and 700 South and 1300 South Streets be rezoned from Industrial "M-2" to Industrial "M-lA". Mr. Wirth stated that the Planning Staff recommends approval of Petition No. 400-751. Additionally, the staff recommends the rezone of property between 800 West and 700 West from the 700 South north right-of-way line to 143.55 feet north from the center line of Fremont Avenue and that the north boundary of Jordan Park Subdivision be included in the petition for rezoning from "M-2" to "M-lA". Mr. Wirth stated that this area is adjacent to a predominantly single family area known as the Jordan Park Neighborhood, a good lower-to-middle income family area, with strong neighborhood identity. The rezone of "M-2" to "M-lA" is intended to- implement the written recommendations of the Salt Lake City Model Neighborhood Plan, Westside Community Master Plan of 1974 providing for compatibility between the residential and industrial uses in the area. Since 1974 the strength and vitality of the adjoining residential neighborhood in maintaining its family oriented character has promoted a master plan update which is now in progress and will recommend the emphasis of compatibility with single family homes and family oriented environments in this neighborhood. There is residential use on facing properties to the "M-2" zones. The existing "M-2" zoning site standards are not protecting this residential area by providing an orderly transition through intensity of land use. Single family homes face directly into industrial uses, such as aluminum recycling, PC MINUTES November 2, 1989 Page 9 metal fabricating, bottling plants and auto parts who]esalers where there is no required set back and landscaping in front of these industrial uses. The "M-lA" zone requires a 15 foot landscaped front yard set back, prohibits major above ground petroleum or petroleum by-product storage; and currently prohibits storage, sorting or salvage of auto bodies, other metal, glass, bottles, rags, cans, rubber or paper or other junk articles. These are the currently permitted uses that would be made nonconforming by the zoning change from "M-2" to "M-lA". Future new industrial uses or changes in use would be required to meet the 15 foot landscape set back requirements. The adjoining residential areas are stable residential neighborhoods consisting primarily of long term city residents and are predominantly single family homes built after 1940. The Jordan River Park represents major public investments in the residential character of the general area and contains the International Peace Gardens. The presence of industrial uses such as a major petroleum storage facility, which is permitted in the "11-2" zone, would be detrimental to the value of these public improvements and to the health and safety of the 2500 residents who live in the adjacent neighborhood. The present Westside Community Master Plan, prepared in 1974 outlined the area involved in this rezone as industrial but specified that "Those uses that are noxious by reason of noise, vibration, smoke, odor, fumes, etc. , will not be permitted." The specific purpose of the "M-2" zone is to permit above ground storage of petroleum products or by-products in excess of two (2) seven thousand (7000) gallon tanks, which is specifically prohibited in the "M-1" zone because of the potential for emission of odor and gas. Storage of large volumes of petroleum products above ground in such close proximity to a residential area of 2500 people would pose a threat to safety from fire or explosion which could result in emission of smoke, noise and other destructive or harmful effects to the residents of the area and to their property. The wording of the master plan was intended to prevent "M-3" and "11-2" uses in the I-15 Industrial corridor of the Westside Planning area. • The Welfare Square and Bishops Store House located at 751 West 700 South contains underground storage capacity for petroleum products, this underground storage is permitted in "M-lA" zones. The "M-IA" district prohibits storage or sorting or salvaging of auto bodies, other metal, glass, bottles, rags, cans, rubber or paper or junk articles. This restriction could affect future expansion of: 1. Deseret Industries, Welfare Square 751 West 700 South 2. Reynolds Aluminum recycling, 1101 So. 700 West 3. Standard Metal Co. : Junk 1178 So. 500 West • 4. A.M. Castle Co. : Metal Warehouse 939 So. 700 West 5. Purcell Truck Tire Center 550 West 1300 So. 6. Combined Supply & Plastic 980 So. 700 West 7. Aaron Rents Furniture 520 West 1300 South 8. Rollins Truck Leasing 1260 So. 500 West 9. 7-Up Bottling Co & Recycle Cntr 959 So. 800 West. These operations will be classified as nonconforming uses in the "M-lA" zone or given legal status by changing the wording of the "M-lA" ordinance Sec. 21.68.010 as follows: PC MINUTES November 2, 1989 Page 10 "except no building or premises may be used for auto wrecking or burning;. NOR MAY ANY or for the storage or sorting or salvaging of JUNK ARTICLES, INCLUDING auto bodies, or other metal, glass, bottles, rags, cans, rubber, or paper or other JUNK ARTICLES, BE PERMITTED OUTSIDE OF A FULLY ENCLOSED STRUCTURE ." Most of the buildings or structures currently built for industrial use in the present "M-2" zone would be classified as nonconforming buildings or structures because of the 15 foot front yard setback and landscaping requirements of the "M-lA" Front Yard Regulations (Sec. 21.68.020) . Aerial photo coverage of this area should be acquired on the date of adoption of this rezone for determination of Nonconforming Building Status in the area. Mr. Wirth stated that the Planning Staff recommends the rezone from "M-2" to "M-1A" as outlined on Map (A) of the staff report which is filed with the minutes. The requested rezoning for the industrial area west of I-15 will support the master plan for this area. The proposal will rezone all "M-2" property in the corridor between I-15 and the Jordan River to "M-lA" industrial use and provide for front yard setbacks and landscaping in these • industrial areas. The staff also recommends amendment of Salt Lake City Zoning Ordinance Sec. 21.68.010 to read: . . .except no building or premises may be used for auto wrecking or burning;_ NOR MAY ANY or-for-the storage or sorting or salvaging of JUNK ARTICLES, INCLUDING auto bodies, or other metal, glass, bottles, rags, cans, rubber, et- paper or other JUNK ARTICLES, BE PERMITTED OUTSIDE OF A FULLY ENCLOSED STRUCTURE articles-commonly-known-as-junk. Petition No. 400-752: Mr. Wirth stated that Petition No. 400-752 was submitted by Councilmember Wayne Horrocks, requesting that property located between the Jordan River and 700 West and 900 South to California Street be rezoned from "R-4" and "R-2" to "R-l" classification. The Planning Staff recommends that the area be rezoned to "R-1" and "R-lA" classifications. This would provide an opportunity to accommodate new single family unit development within the current land ownership pattern of the area and provide the best opportunity for the City to expand the population in this area without adverse impacts to the existing community or its social structure. Only detached single units should be permitted in the "R-lA" rezones created in this area through Planed Unit Development review under Sec. 21.78.160. The predominant character of this area is single family housing. The only value for "R-2" classification would be to allow present single family housing to be converted to accommodate basement apartments. However, the high flood potentials and very high water table make such conversions impractical in this area. There is little demand in the Salt Lake market for duplex units outside the basement apartment or conversion. PC MINUTES November 2, 1989 Page 11 A higher average population density and a more stable residential area would be provided by the rezone of the "R-2" area to "R-1" to reflect the current character of the area. The rezone of this area from "R-4" to "R-lA" would provide greater stability for the existing single family homes in the area, encourage maintenance of single family homes, and preclude any change in neighborhood character that could cause a decrease in the quality of life or of property values. The City needs to stop population decline and to encourage population growth. Because of the existing pattern of development in this area, the current population intensities and limited developable or redevelopable area, a rezone to "R-1" and "R-lA" would be in the best interests of the City. Some "R-]1\" is desirable for flexibility of new construction in flood plain and high water table areas. Rezoning "R-4" to "R-lA" is recommended for block 15-12-478 between 1300 South to Paxton and 700 West to 800 West excluding Paxton frontage and 15-12-480, 1300 South to 1350 South. The remainder of the area covered in the rezone petition should be rezoned to "R-1" as requested in the rezone petition. The rezone is consistent with the master plan for this area, supports the present land use in the area, and will further population growth in Salt Lake City. Councilmember Horrocks stated that he and Mr. Bill Wright had spent a considerable amount of time on this matter trying to ascertain the best way to solidify these neighborhoods. Councilmember Horrocks stated that the Ingersoll family owns a large parcel of land in this area and the City is interested in changing the area's zoning, yet at the same time, protecting the development abilities of the Ingersoll family. Councilmember Horrocks also stated that they had been surprised to discover that petroleum storage was allowed under the current zoning regulations and they were desirous of rezoning to protect the surrounding residential uses from petroleum storage uses. Councilmember Horrocks said he and Mr. Wright had visited the business owners along 700 West informing them of what the City wanted to accomplish in the proposed rezonings. He stated that they had not received any negative comments from these businesses. Councilmember Horrocks stated that drastic measures need to be taken in this district to maintain the residential quality and reduce the crime, prostitution and drugs. Ms. Liddle-Gamonal opened the hearing to the public and asked if anyone wished to address the Planning Coiiuuission. Mr. John Atzet, 733 West Genesscc Avenue, stated that they bring reusable items into their facilities to repair and remarket them. Mr. Atzet stated that he would not be able to contain all of the items they are preparing to remarket within an enclosed structure. Mr. Atzet asked the Planning Commission if his business would be considered a "junk yard." Mr. Johnson PC MTNUPES November 2, 1989 Page 12 stated that Mr. Atzet's operation would fall under the definition of a "junk yard" but added that assuming these changes are enacted, the businesses in this area that did not moot the ordinance would receive a nonconforming status. Mr. Johnson further explained that Mr. Atzet would be allowed to continue operating as he currently operates, but if he chose to expand in the future, he would be required to bring his operation into conformity by enclosing it. Mr. Art Bruner, representing Standardized Metal , stated that he had been at his present location for over 40 years and he did not want this zoning change to take place. Mr. Bruner asked if he would be allowed to expand and purchase the properties adjacent to his property. Mr. Johnson explained that he would not be allowed to do that, if this proposal is approved, without enclosing his operation. Mr. Bruner stated that due to the type of materials he deals with, that would be impossible. Mr. Bruner stated that a zoning change of this nature would hurt his ability to develop his business further and he was opposed to it. Mr. Jim Bruner, also representing Standardized Metal, stated that he fools they are being discriminated against since they have the only scrap or "junk" yard in the area. He added that this location had been chosen 42 years ago before the freeway was put in and before the residential area reached its current boundaries. Now, he stated they are being discriminated against to protect the "residential quality" of the area that they had located in first. Mr. Bruner added that they would not be able to enclose their operation due to the size of the cranes they use to move the large pieces of scrap metal around. Mr. Kent Thurgood, representing Deseret Industries, stated that they are in the business of "recycling people" and they would hate to have anything happen to jeopardize that. Mr. Curzon Hailes, 1100 California Avenue, stated that he owns property in the area in question. He added that he had promised his current tenants that they could build a duplex on his land if they desired and he is, therefore, opposed to a zoning change that would preclude this development. Mel Ingersoll, 766 West 1300 South, stated that he is neither in favor of nor opposed to the zoning change as long as it does not render this area "undesirable" for future development. Mr. W. W. Hailes, 804 West 1300 South, stated that he would like to see the zoning in this area Residential "R-1". Mr. John Atzet stated that when he set up his operation in this area two years ago, he was required to put in landscaped set backs, moot code on the building and to put up decorative fences. He stated that what they are requiring for the "M-lA" has already been done. Mr. Johnson stated that the reason those requirements were imposed is due to the residential use on the same block face. Ms. Liddle-Gamonal closed the hearing to the public and opened it for Planning Commission discussion. PC MINUTES November 2, 1989 Page 13 Mr. Nicolatus stated that he was concerned about the property owners who had purchased property in this area with the intent to develop it as it was zoned when purchased. If the zoning is changed, those people then lose the value of their property. Mr. Nicolatus asked if the City would be discriminating against these property owners. Mr. Bill Wright stated that this is primarily a developed area, the lot sizes are small, the homes are built on the lots with no side yards and there is very little opportunity to convert these units from single family units to duplexes. Mr. Wright stated that people in the community do not want developers buying two and three single family lots in order to build duplexes and fourplexes. This issue is the driving force behind this petition. Mr. Becker asked what the master plan for this area called for. Mr. Wirth stated that the master plan calls for industrial use with an indication that "M-1" or "M-1A" are the industrial zones referred to. Mr. Wright stated that the actions taken at this meeting would amend the 1972 master plan for the area that is zoned Residential "R-4". Petition No. 400-752: Mr. Schumann moved to recommend to the City Council, approval of Petition No. 400-752 to rezone from Residential "R-4" to Residential "R-1A" the area between 1300 South to Paxton Avenue and 700 West to 800 West, excluding Paxton Avenue and 800 West frontage; to rezone from "R-4" to "R-lA" the area from 1300 South to 1330 South between 700 West and 800 West; and to rezone property located between the Jordan River to 800 West Street and 900 South to California Avenue from "R-2" to "R-1", with the understanding that this more clearly defines the direction of the master plan for this area. Mr. Howa seconded the motion. Ms. Cromer asked what the effect would be on the adjoining residents' back yards. Mr. Johnson stated that the property owners in the "M-1A" zone would need to access their property off of 700 West and provide ten feet of landscaped buffer on the south and west property lines. Mr. Howa said his concern under the current zoning is that someone could go into the area, remove two or three homes and construct one large structure. He added that the sizes of these lots are not conducive to this type of development. Mr. Ellison stated that he does not believe that "R-lA" represents an investment opportunity, and therefore, this action does not really promote housing. Mr. Ellison said his concern is that a higher density would be more appropriate as a transition, consistent with the residential neighborhood, and is being foreclosed without the kind of master plan study that would normally be done to back up a decision of this nature. Mr. Howa called a question on the motion; Mr. Howa, Mr. Schumann, Ms. Cromer and Ms. Palacios voted "Aye"; Mr. Neilson, Mr. Nicolatus, Mr. Ellison and Mr. Becker voted "Nay." Ms. Liddle-Gamonal, as chair, voted "Aye." The motion passes. PC MINUTES November 2, 1989 Page 14 Petition No. 400-751: Addressing Petition No. 400-751, Ms. Cromer stated that she has concerns about the property owners who have been in this area before the housing was constructed and placing them in a nonconforming status. Mr. Schumann asked if the Planning Staff had examined all aspects of the master plan on this issue and whether or not the master plan needed to be revisited for this area. Mr. Schumann said he was also concerned that this area is a "gateway" area. Mr. Wirth stated that they could rezone the major portion of the requested area for rezoning (highlighted in blue on the staff report map, a copy of which is filed with the minutes) and leave the minor portion (highlighted in purple on the staff report map which is filed with the minutes) as "M-1". This would allow the present uses to remain "M-1" and continue their present operations. Mr. Wright stated that under the "M-1" classification, they would only be required to have a fence around their operation, rather than having it enclosed. Mr. Becker inquired what the "gateway" plan calls for. Mr. Johnson stated that in the Urban Design Element, Interstate-15 is considered a "gateway" into Salt Lake City and that features such as billboards and junk yards should be eliminated. Mr. Ellison moved to adopt the proposed change to the Zoning Ordinance Section 21.68.010, as set forth in the staff report, a copy of which is filed with the minutes. Mr. Schumann seconded the motion; all voted "Aye" with the exception of Mr. Neilson who abstained from the vote. The motion passes. Mr. Ellison moved to recommend to the City Council, the approval of Petition No. 400-751 for rezoning from "M-2" to "M-1A" the area from 800 West to the railroad tracks located at 640 West and 700 South to 1300 South; the rezoning on the area from the railroad tracks to I-15 and 930 South to 1300 South to be • held until the Planning Commission has the opportunity to consider other similarly situated properties in the area and reexamine the master planning • issues. Mr. Schumann seconded the motion; all voted "Aye" with the exception of Mr. Neilson who abstained from the vote. The motion passes. PLANNING ISSUE$ Discuss "Block 57 - Implementation Strategy and Urban Master Plan" and requests of the Redevelopment Agency for conditional use approval for the public plaza and demolition permits for existing structures. Mr. Johnson stated that FFKR was under contract with the Redevelopment Agency (RDA) to prepare the master plan for Block 57. That master plan is now at the conceptual approval stage. Eventually, the RDA will have to approve this plan in their client capacity. Mr. Johnson explained that before this plan can become an effective part of the City's master plan, it must be approved by the Planning Commission and the City Council. This is the first phase of getting this plan approved. Mr. Johnson further stated that this is also an p fq- 2.3(i LEGISLATIVE ACTION ACTION PROPOSED BY: Council Member L. Wayne Horrocks PROPOSED ACTION: Rezone property located between 700 West and I-15 and 700 South and 1300 South Streets from "M-2" to "M-1A" classification. BACKGROUND INFORMATION: The rezoning of this area is necessary to implement the Westside Community Master Plan goals and to update the Plan for both uses and design standards for new development. - REFERRED TO: Department of Development Services for scheduling on the Planning Commission agenda. • • • • J2 CRAIG E. PETERSON ' � .®i�mill tA) aTJL .�D DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 To: Salt Lake City Council December 27, 1989 RE: Petition No. 400-752-89 - Legislative Intent submitted by Council Member Wayne Horrocks Recommendation: That the City Council hold a public hearing on February 6, 1998 at 6:30 p.m. to discuss Petition No. 400-752-89 - Legislative Intent submitted by Council Member Wayne Horrocks. The request is to rezone property located between the Jordan River to 700 West Street and 900 South Strcct from "R-4", "R-2" to "R-1" and "R-lA" classification. Availability of Funds: Not applicable Discussion and Background: The Planning Commission has reviewed this petition and recommends approval. The rezoning is consistent with the Master plan for the area. The area is predominant single family dwelling and the rezoning would provide the City with the best opportunity to expand the population in this area without adverse impact to the existing community. The attached map outlines what areas will be "R-1" and "R-lA" classification. Legislative Action: The City Attorney's Office has prepared the necessary ordinance and is ready for your action. ubmit�ted /by: CHAEL B. Z A ting Director Community and Economic Development lf/ 4.0 //f 'II: /7,., v ' ��:trl Y r p /4 ill-1 ileA.., 1 1. .7, , ,!, At....' 144/ (,il � �ooHos i / V VI��aler..:18%404./ I i. / rig A 1":„ r r lase _. 0 9I K�tI ,..;___ M/1.% 10. , de b. 3 V 1 1 6 I i /....;rlirAiiiikiiii6 0 1 Ai / / . '0'•'0'•'0 A 41 I, . . ' G31 )41 t0)r7or. a el) l A All. 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I o/ Hlnos • '10•0,174 ., / % n r U+O J r 3 w n • ' N.- 1S r hi )S �oo 09 00; s� SALT LAKE CITY ORDINANCE No. of 1989 (Rezoning property located between the Jordan River and 700 West Street and 900 South to California Avenue pursuant to Petition No. 400-752-89 ) AN ORDINANCE AMENDING SECTION 21. 14.020 OF THE SALT LAKE CITY CODE RELATING TO ZONING AND FIXING OF BOUNDARIES OF USE DISTRICTS. WHEREAS, in response to the rezoning petition initiated by City Council Member Wayne Horrocks, No. 400-752-89, the City Council of Salt Lake City, Utah, has held public hearings before its own body and before the Planning Commission, and has taken into consideration citizen testimony, filing and demographic details of the area and the Master Plan as part of its deliberation. Pursuant to these deliberations, the Council has concluded that the proposed change of zoning for the property located between the Jordan River and 700 West Street and 900 South and California Avenue is appropriate for the development of the community in that area; THEREFORE, The City Council of Salt Lake City, Utah, hereby adopts the following amendments to the Use District provisions of Title 21 . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That the Use District Map, as adopted by Section 21 . 14.020 of the Salt Lake City Code, relating to the fixing of boundaries of Use Districts, be, and the same hereby is AMENDED to read as follows: 21.14.020. Boundaries of Districts - Use District Map Adopted. The following-described parcel of real property in Salt Lake City, Utah, presently zoned Residential "R-4" and "R-2" is hereby rezoned "R-1" as noted below, and the Use District Map is amended accordingly: Residential "R-2" to "R-1" Beginning from a point at the southeast corner of 900 South Street and 800 West Street; thence 861 .3 feet +/- south along the east right-of-way line of 800 West Street to the south property line of Lot 14, Block 8, �y� Five Acre Plat "B" ; thence east 92 feet along said property line; thence south 2017. 7 feet +/- from the south line of Lot 14, Block 8, Five Acre Plat "B" , following a line 125 feet east of the east right-of- way line of 800 West Street to the north right-of-way line of 1300 South Street, also being California Ave. ; thence west along the north line of 1300 South and California Ave. to the center line of the Jordan River; thence northerly along the center line of the Jordan River to the South right-of-way line of 900 South Street; thence east along the south right-of-way line of 900 South Street to the point of beginning; Excluding "B-3" zoned property within the area. Residential "R-4" to "R-1" Beginning from a point 125 feet east of the southwest corner of Lot 16, Block 8, Five Acre Plat B, Salt Lake 3 City Survey; thence east 634 feet east along the south lot line of Lot 16, Block 8, Five Acre "B" , to the west right-of-way line of 700 West Street; thence Yl south along the west right-of-way line of 700 West ��) (Z'J� I 931 .7 feet to the southeast corner of Lot 21, Block 8, ��" Big Field Survey, Five Acre Plat "B" ; thence west along the south property line extension of Lot 21, Block 8, "Big Field Survey, Five Acre Plat "B" , to a point being 125 feet east of the right-of-way line of 800 West Street; thence north to the point of beginning. Residential "R-4" to "R-lA" From the intersection of the south right-of-way line of Paxton Ave. and the east right-of-way line of 800 West Street, 150 feet south to the south property line -2- of Lot 3, Block 8, Big Field Survey, Five Acre Plat "B" , and 125 feet east along said south property line to the point of beginning; thence east along the extension of Lot 3, Block 8, Big Field Survey, Five Acre Plat "B" , to the intersection with the west right-of-way line of 700 West Street; thence south along the west right-of-way line of 700 West 862. 1 feet to the north line of Dotson Sub. of Block 5, Big Field Survey, Five Acre Plat "B" , Salt Lake City Survey; thence west 733 . 74 feet along said sub. line to the east line of 800 West Street; thence along the east line of 800 West Street to the north line of 1300 , 00 ' South Street; thence east 99 . 74 feet; thence north 509 \� feet to the point of beginning. SECTION 2. EFFECTIVE DATE AND CONDITIONS. This ordinance shall become effective when recorded. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: z CITY RECORDER Transmitted to the Mayor on Mayor ' s Action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER BRB:rc -3- ALLEN C. JOHNSON MEMBERS: PLANNING DIRECTOR RALPH BECKER SANDRA MARLER SAS l a A ‘ I � I I � � { CJNDY CROMER Q�GcITY��R,P�O 9I®ik\{ THOMAS A. ELLISON SECRETARY `��- �`�-_RP � �. ,..•,) LAVONE LIDDLE-GAMONAL EX-OFFICIO MEMBERS: DEPARTMENT OF DEVELOPMENT SERVICES RICHARD J. HOWA MAYOR OF SALT LAKE CITY Planning and Zoning Commission RALPH P. NEILSON CITY ENGINEER 324 SOUTH STATE STREET. ROOM 200 GEORGE NICOLATUS CITY TRAFFIC ENGINEER SALT LAKE CITY, UTAH 84111 JOHN M. SCHUMANN CITY BUILDING OFFICIAL F. KEITH STEPAN 535-7757 PETER VANALSTYNE KATHY WACKER November 21, 1989 Mike Zuhl , Chief of Staff Office of the Mayor Acting Director , Community and Economic Development BUILDING Dear Mr. Zuhl : Please find attached Petition 400-752 by Council Member Wayne Horrocks requesting Salt Lake City rezone property located between the Jordan River to 700 West Street and 900 South to California Avenue from an existing Residential "R-4" and "R-2" to a Residential "R-1" zoning district . At their regular meeting on November 2, 1989 the Salt Lake City Planning Commission held an Informal Hearing , reviewed the petition , and received public comment from property owners and residents in the area. After deliberation , the Planning Commission determined the following findings of fact : * the rezone is consistent with the master plan for the area ; * the dominant present land use in the area is single unit residential housing ; * the occupancy level and number of persons per unit for one unit dwellings will further population growth in the area. The Planning Commission recommends the City Council hold a formal hearing on these rezonings. Attached are the minutes of the Planning Commission meeting and the staff reports . The legal description of the areas recommended for rezoning are attached. Respe fully, Alle C. J hnson AICP Plar(ning irector ACJ :TW attachments Salt Lake City Planning Commission Staff Report Petition No . 400-752 Westside Rezone - Jordan Park Neighborhood Petition No . 400-752 submitted by Council Member Wayne Horrocks , requesting that property located between the Jordan River and 700 West and 900 South to California Street be rezoned from R-4 and R-2 to R-1 classification . The planning commission staff recommend that the area be rezoned to R-1 and R- lA classification . This would provide an opportunity to accommodate new single family unit development within the current land ownership pattern of the area and provide the best opportunity for the City to expand the population in this area without adverse impacts to the existing community or its social structure . Only detached single units should be permitted in the R-1A rezones created in this area through Planed Unit Development review under Sec . 21 . 78 . 160 . ANALYSIS The predominant character of this area is single family housing . The only value for R-2 classification would be to allow present single family housing to be converted to accommodate basement apartments . However , the high flood potentials and very high water table make such conversions impractical in this area . There is little demand in the Salt Lake market for duplex units outside the basement apartment or conversion . Existing Conditions Single family housing in this area has over 2 . 5 persons per unit while multifamily housing in the Salt Lake area averages 1 . 4 persons per unit . New single family housing in the same area typically has 4 to 5 occupants per unit , they are often young families whose head of household or spouse was raised in or near the neighborhood . New single family housing in the area would provide greater opportunities for population growth in the area than would new duplex units . Duplex units can expect vacancy rates in excess of 20% and average persons per occupied unit of 2 . 1 persons . There are 348 single-unit dwellings and 30 two-unit ( 60 units ) dwellings in the rezone area . Single unit dwellings equal 85% of units in the area . Alternatives R-2 vs . R-1 Zone A higher average population density and more stable residential area would be provided by the rezone of the R-2 area to R- 1 to reflect the current character of the area . The data displayed in Table 1 . and Graph 1 . indicate the population density for single family housing verses a new duplex or two-unit development . There are 30 two-unit developments ( 60 units ) which would be nonconforming uses if the rezone is adopted ( see Table 2 ) . Existing Conditions R-4 Zone The average Four-unit occupancy for the Salt Lake area is 1 . 4 persons per unit with vacancy rates for apartments of 15% . There are 100 single family residential structures on lots in the R-4 zone , of these 68% are to small to be developed as a four-unit under the area requirements of the R-4 zone . Alternatives R-4 vs . R-1 or R-1A Development on the small lots would require aggregation of two or more lots currently used for single family dwellings . Over 20% of the lots are nonconforming even in use for one single family unit . Most redevelopment of existing single family homes would require the removal of two homes to build one four -unit apartment . Only one undeveloped lot ( 2 . 27 acres ) is present in the R-4 zone area . Subdivision of this lot would be required before it could be economically developed for four-unit apartments . If subdivided at maximum density it would accommodate only 10 four-unit dwellings ( 40 units ) providing a population of 47 , without subdivision only 4 units can be placed on this property under the R-4 zoning . Because of lot sizes and existing housing structures on all other lots , the R-4 zone of this area has no real value in this predominately single family housing area . The rezone of this area from R-4 to R- 1A would provide greater stability for the existing single family homes in the area , encourage maintenance of single family homes , and preclude any change in neighborhood character that could cause a decrease in the quality of life or of property values . The 2 . 27 acre lot and the rear yards of 3 adjoining one acre single family units could be developed best under R-lA zoning as a Planned Unit Development providing a potential for 32 new single family units , housing 128 people . PLANNING GOALS The City needs to stop population decline and to encourage population growth . Because of the existing pattern of development in this area , the current population intensities and limited developable or redevelopable area , a rezone to R-1 and R-lA would be , in the best interests of the City to encourage population growth and stabilize the residential property in this area . Some R-lA is desirable for flexibility of new construction in flood plain and high water table areas . RECOMMENDATION Rezone R-4 to R-lA is recommended for block 15-12-478 between 1300 So to Paxton and 700 West to 800 West excluding Paxton frontage ( Map C . ) ; and 15-12-480 , 1300 So . to 1350 So . The remainder of the area covered in the rezone petition as outlined on Map C . should be rezoned to R-1 as requested in the for petition . wi ( this area The rezone 1 further population t is consist Tues . 1p-24 Aulation growpresenth al t nd tune with the master 1989 Lake City the araa , and 1 PC MINUTES November 2, 1989 Page 8 Ms. Liddle-Gamonal closed the hearing to the public and opened it up for Planning Commission discussion. Mr. Nicolatus asked if this parking lot would be open for evening public use. Mr. Money stated that it would be policed by Zions Securities and would not be open for public use in the evening. Mr. Becker moved to recommend approval of Petition No. 410-025 subject to the conditions listed in the staff report. Mr. Schumann seconded the motion; all voted "Aye." The motion passes. INFORMAL HEARING - Petition No. 400-752, a Legislative Intent by Councilmember Wayne Horrocks requesting Salt Lake City to rezone property located between the Jordan River to 700 West Street and 900 South to California Avenue from an existing Residential "R-4" to a Residential "R-1" zoning district. ENPORMAL HEARING - Petition No. 400-751, a Legislative Intent by_Counci]member Wayne Horrocks requesting Salt Lake City to rezone property located between 800 West to Interstate-15 and 700 South to 1300 South Streets from an existing Industrial "M-2" to an Industrial "M-LA" zoning district. Councilmember Wayne Horrocks was present for this portion of the Planning Commission meeting. Mr. Terry Wirth presented the staff reports and stated that Petition No. 400-751 submitted by Councilmember Wayne Horrocks, requests that property located between 700 West and I-15 and 700 South and 1300 South Streets be rezoned from Industrial "M-2" to Industrial "M-lA". Mr. Wirth stated that the Planning Staff recommends approval of Petition No. 400-751. Additionally, the staff recommends the rezone of property between 800 West and 700 West from the 700 South north right-of-way line to 143.55 feet north from the center line of Fremont Avenue and that the north boundary of Jordan Park Subdivision be included in the petition for rezoning from "M-2" to "M-lA". Mr. Wirth stated that this area is adjacent to a predominantly single family area known as the Jordan Park Neighborhood, a good lower-to-middle income family area, with strong neighborhood identity. The rezone of "M-2" to "M-lA" is intended to, implement the written recommendations of the Salt Lake City Model Neighborhood Plan, Westside Community Master Plan of 1974 providing for compatibility between the residential and industrial uses in the area. Since 1974 the strength and vitality of the adjoining residential neighborhood in maintaining its family oriented character has promoted a master plan update which is now in progress and will recommend the emphasis of compatibility with single family homes and family oriented environments in this neighborhood. There is residential use on facing properties to the "M-2" zones. The existing "M-2" zoning site standards are not protecting this residential area by providing an orderly transition through intensity of land use. Single family homes face directly into industrial uses, such as aluminum recycling, PC MINUTES November 2, 1989 Page 9 metal fabricating, bottling plants and auto parts wholesalers where there is no required set back and landscaping in front of these industrial uses. The "M-lA" zone requires a 15 foot landscaped front yard set back, prohibits major above ground petroleum or petroleum by-product storage; and currently prohibits storage, sorting or salvage of auto bodies, other metal, glass, bottles, rags, cans, rubber or paper or other junk articles. These are the currently permitted uses that would be made nonconforming by the zoning change from "M-2" to "M-lA". Future new industrial uses or changes in use would be required to meet the 15 foot landscape set back requirements. The adjoining residential areas are stable residential neighborhoods consisting primarily of long term city residents and are predominantly single family homes built after 1940. The Jordan River Park represents major public investments in the residential character of the general area and contains the International Peace Gardens. The presence of industrial uses such as a major petroleum storage facility, which is permitted in the "M-2" zone, would be detrimental to the value of these public improvements and to the health and safety of the 2500 residents who live in the adjacent neighborhood. The present Westside Community Master Plan, prepared in 1974 outlined the area involved in this rezone as industrial but specified that "Those uses that are noxious by reason of noise, vibration, smoke, odor, fumes, etc. , will not be permitted." The specific purpose of the "M-2" zone is to permit above ground storage of petroleum products or by-products in excess of two (2) seven thousand (7000) gallon tanks, which is specifically prohibited in the "M-1" zone because of the potential for emission of odor and gas. Storage of large volumes of petroleum products above ground in such close proximity to a residential area of 2500 people would pose a threat to safety from fire or explosion which could result in emission of smoke, noise and other destructive or harmful effects to the residents of the area and to their property. The wording of the master plan was intended to prevent "M-3" and "M-2" uses in the I-15 Industrial corridor of the Westside Planning area. The Welfare Square and Bishops Store House located at 751 West 700 South contains underground storage capacity for petroleum products, this underground storage is permitted in "M-lA" zones. The "M-lA" district prohibits storage or sorting or salvaging of auto bodies, other metal, glass, bottles, rags, cans, rubber or paper or junk articles. This restriction could affect future expansion of: 1. Deseret Industries, Welfare Square 751 West 700 South 2. Reynolds Aluminum recycling, 1101 So. 700 West 3. Standard Metal Co. : Junk 1178 So. 500 West 4. A.M. Castle Co. : Metal Warehouse 939 So. 700 West 5. Purcell Truck Tire Center 550 West 1300 So. 6. Combined Supply & Plastic 980 So. 700 West 7. Aaron Rents Furniture 520 West 1300 South 8. Rollins Truck Leasing 1260 So. 500 West 9. 7-Up Bottling Co & Recycle Cntr 959 So. 800 West. These operations will be classified as nonconforming uses in the "M-lA" zone or given legal status by changing the wording of the "M-IA" ordinance Sec. 21.68.010 as follows: PC MINUTES November 2, 1989 Page 10 "except no building or premises may be used for auto wrecking or. burning;. NOR MAY ANY or-for-the storage or sorting or salvaging of JUNK ARTICLES, INCLUDING auto bodies, or other metal, glass, bottles, rags, cans, rubber„ or paper or other JUNK ARTICLES, BE PERMITl'I-I) OUTSIDE OF A FULLY ENCLOSED STRUCTURE articles commonly known a3 junk." Most of the buildings or structures currently built for industrial use in the present "M-2" zone would be classified as nonconforming buildings or structures because of the 15 foot front yard setback and landscaping requirements of the "M-lA" Front Yard Regulations (Sec. 21.68.020) . Aerial photo coverage of this area should be acquired on the date of adoption of this rezone for determination of Nonconforming Building Status in the area. Mr. Wirth stated that the Planning Staff recommends the rezone from "M-2" to "M-lA" as outlined on Map (A) of the staff report which is filed with the minutes. The requested rezoning for the industrial area west of 1-15 will support the master plan for this area. The proposal will rezone all "M-2" property in the corridor between I-15 and the Jordan River to "M-1.A" industrial use and provide for front yard setbacks and landscaping in these industrial areas. The staff also recommends amendment of Salt Lake City Zoning Ordinance Sec. 21.68.010 to read: ". . .except no building or premises may be used for auto wrecking or burningT_ NOR MAY ANY or for the storage or sorting or salvaging of JUNK ARTICLES, INCLUDING auto bodies, or other metal, glass, bottles, rags, cans, rubber„ or paper or other JUNK ARTICLES, BE PERMITTED OUTSIDE OF A FULLY ENCLOSED STRUCTURE article3 commonly known as junk." Petition No. 400-752: Mr. Wirth stated that Petition No. 400-752 was submitted by Councilmember Wayne Horrocks, requesting that property located between the Jordan River and 700 West and 900 South to California Street be rezoned from "R-4" and "R-2" to "R-1" classification. The Planning Staff recommends that the area be rezoned to "R-1" and "R-1A" classifications. This would provide an opportunity to accommodate new single family unit development within the current land ownership pattern of the area and provide the best opportunity for the City to expand the population in this area without adverse impacts to the existing community or its social structure. Only detached single units should be permitted in the "R-1A" rezones created in this area through Planed Unit Development review under Sec. 21.78.160. The predominant character of this area is single family housing. The only value for "R-2" classification would be to allow present single family housing to be converted to accommodate basement apartments. However, the high flood potentials and very high water table make such conversions impractical in this area. There is little demand in the Salt Lake market for duplex units outside the basement apartment or conversion. PC MINUTES November 2, 1989 Page 11 A higher average population density and a more stable residential area would be provided by the rezone of the "R-2" area to "R-1" to reflect the current character of the area. The rezone of this area from "R-4" to "R-lA" would provide greater stability for the existing single family homes in the area, encourage maintenance of single family homes, and preclude any change in neighborhood character that could cause a decrease in the quality of life or of property values. The City needs to stop population decline and to encourage population growth. Because of the existing pattern of development in this area, the current population intensities and limited developable or redevelopable area, a rezone to "R-1" and "R-lA" would be in the best interests of the City. Some "R-lA" is desirable for flexibility of new construction in flood plain and high water table areas. Rezoning "R-4" to "R-lA" is recommended for block 15-12-478 between 1300 South to Paxton and 700 West to 800 West excluding Paxton frontage and 15-12-480, 1300 South to 1350 South. The remainder of the area covered in the rezone petition should be rezoned to "R-1" as requested in the rezone petition. The rezone is consistent with the master plan for this area, supports the present land use in the area, and will further population growth in Salt Lake City. Councilmember Horrocks stated that he and Mr. Bill Wright had spent a considerable amount of time on this matter trying to ascertain the best way to solidify these neighborhoods. Councilmember Horrocks stated that the Ingersoll family owns a large parcel of land in this area and the City is interested in changing the area's zoning, yet at the same time, protecting the development abilities of the Ingersoll family. Councilmember Horrocks also stated that they had been surprised to discover that petroleum storage was allowed under the current zoning regulations and they were desirous of rezoning to protect the surrounding residential uses from petroleum storage uses. Councilmember Horrocks said he and Mr. . Wright had visited the business owners along 700 West informing them of what the City wanted to accomplish in the proposed rezonings. He stated that they had not received any negative comments from these businesses. Councilmember Horrocks stated that drastic measures need to be taken in this district to maintain the residential quality and reduce the crime, prostitution and drugs. Ms. Liddle-Gamonal opened the hearing to the public and asked if anyone wished to address the Planning Commission. Mr. John Atzet, 733 West Genesscc Avenue, stated that they bring reusable items into their facilities to repair and remarket them. Mr. Atzet stated that he would not be able to contain all of the items they are preparing to remarket within an enclosed structure. Mr. Atzet asked the Planning Commission if his business would be considered a "junk yard." Mr. Johnson PC MTNUTFS November 2, 1989 Page 12 stated that Mr. Atzet's operation would fall under the definition of a "junk yard" but added that assuming these changes are enacted, the businesses in this area that did not meet the ordinance would receive a nonconforming status. Mr. Johnson further explained that Mr. Atzet would be a]]owed to continue operating as he currently operates, but if he chose to expand in the future, he would be required to bring his operation into conformity by enclosing it. Mr. Art Bruner, representing Standardized Metal, stated that he had been at his present location for over 40 years and he did not want this zoning change to take place. Mr. Bruner asked if he would be allowed to expand and purchase the properties adjacent to his property. Mr. Johnson explained that he would not be allowed to do that, if this proposal is approved, without enclosing his operation. Mr. Bruner stated that due to the type of materials he deals with, that would be impossible. Mr. Bruner stated that a zoning change of this nature would hurt his ability to develop his business further and he was opposed to it. Mr. Jim Bruner, also representing Standardized Metal, stated that he feels they are being discriminated against since they have the only scrap or "junk" yard in the area. He added that this location had been chosen 42 years ago before the frccway was put in and before the residential area reached its current boundaries. Now, he stated they are being discriminated against to protect the "residential quality" of the area that they had located in first. Mr. Bruner added that they would not be able to enclose their operation due to the size of the cranes they use to move the large pieces of scrap metal around. Mr. Kent Thurgood, representing Deseret Industries, stated that they are in the business of "recycling people" and they would hate to have anything happen to jeopardize that. Mr. Curzon Hailes, 1100 California Avenue, stated that he owns property in the area in question. He added that he had promised his current tenants that they could build a duplex on his land if they desired and he is, therefore, opposed to a zoning change that would preclude this development. Mel Ingersoll, 766 West 1300 South, stated that he is neither in favor of nor opposed to the zoning change as. long as it does not render this area "undesirable" for future development. Mr. W. W. Hailes, 804 West 1300 South, stated that he would like to see the zoning in this area Residential "R-1". Mr. John Atzet stated that when he set up his operation in this area two years ago, he was required to put in landscaped set backs, meet code on the building and to put up decorative fences. He stated that what they are requiring for the "M-lA" has already been done. Mr. Johnson stated that the reason those requirements were imposed is due to the residential use on the same block face. Ms. Liddle-Gamonal closed the hearing to the public and opened it for Planning Commission discussion. PC MINUTE'S November 2, 1989 Page 13 Mr_ . Nicolatus stated that he was concerned about the property owners who had purchased property in this area with the intent to develop it as it was zoned when purchased. If the zoning is changed, those people then lose the value of their property. Mr. Nicolatus asked if the City would be discriminating against these property owners. Mr. Bill Wright stated that this is primarily a developed area, the lot sizes are small, the homes are built on the lots with no side yards and there is very little opportunity to convert these units from single family units to duplexes. Mr. Wright stated that people in the community do not want developers buying two and three single family lots in order to build duplexes and fourplexes. This issue is the driving force behind this petition. Mr. Becker asked what the master plan for this area called for. Mr. Wirth stated that the master plan calls for industrial use with an indication that "M-1" or "M-]A" are the industrial zones referred to. Mr. Wright stated that the actions taken at this meeting would amend the 1972 master plan for the area that is zoned Residential "R-4". Petition No. 400-752: Mr. Schumann moved to recommend to the City Council, approval of Petition No. 400-752 to rezone from Residential "R-4" to Residential "R-lA" the area between 1300 South to Paxton Avenue and 700 West to 800 West, excluding Paxton Avenue and 800 West frontage; to rezone from "R-4" to "R-IA" the area from 1300 South to 1330 South between 700 West and 800 West; and to rezone property located between the Jordan River to 800 West Street and 900 South to California Avenue from "R-2" to "R-1", with the understanding that this more clearly defines the direction of the master plan for this area. Mr. Howa seconded the motion. Ms. Cromer asked what the effect would be on the adjoining residents' back yards. Mr. Johnson stated that the property owners in the "M-IA" zone would need to access their property off of 700 West and provide ten foot of landscaped buffer on the south and west property lines. Mr. Howa said his concern under the current zoning is that someone could go into the area, remove two or three homes and construct one large structure. He added that the sizes of these lots are not conducive to this type of development. Mr. Ellison stated that he does not believe that "R-1A" represents an investment opportunity, and therefore, this action does not really promote housing. Mr. Ellison said his concern is that a higher density would be more appropriate as a transition, consistent with the residential neighborhood, and is being foreclosed without the kind of master plan study that would normally be done to back up a decision of this nature. Mr. Howa called a question on the motion; Mr. Howa, Mr. Schumann, Ms. Cromer and Ms. Palacios voted "Aye"; Mr. Neilson, Mr. Nicolatus, Mr. Ellison and Mr. Becker voted "Nay." Ms. Liddle-Gamonal, as chair, voted "Aye." The motion passes. PC MINUTES November 2, 1989 Page 14 Petition No. 400-751: Addressing Petition No. 400-751, Ms. Cromer stated that she has concerns about the property owners who have been in this area before the housing was constructed and placing them in a nonconforming status. Mr. Schumann asked if the Planning Staff had examined all aspects of the master plan on this issue and whether or not the master plan needed to be revisited for this area. Mr. Schumann said he was also concerned that this area is a "gateway" area. Mr. Wirth stated that they could rezone the major portion of the requested area for rezoning (highlighted in blue on the staff report map, a copy of which is filed with the minutes) and leave the minor portion (highlighted in purple on the staff report map which is filed with the minutes) as "M-1". This would allow the present uses to remain "M-1" and continue their present operations. Mr. Wright stated that under the "M-1" classification, they would only be required to have a fence around their operation, rather than having it enclosed. Mr. Becker inquired what the "gateway" plan calls for. Mr. Johnson stated that in the Urban Design Element, Interstate-15 is considered a "gateway" into Salt Lake City and that features such as billboards and junk yards should be eliminated. Mr. Ellison moved to adopt the proposed change to the Zoning Ordinance Section 21.68.010, as set forth in the staff report, a copy of which is filed with the 1 minutes. Mr. Schumann seconded the motion; all voted "Aye" with the exception of Mr. Neilson who abstained from the vote. The motion passes. Mr. Ellison moved to recommend to the City Council, the approval of Petition No. 400-751. for rezoning from "M-2" to "M-1A" the area from 800 West to the railroad tracks located at 640 West and 700 South to 1300 South; the rezoning on the area from the railroad tracks to 1-15 and 930 South to 1300 South to be held until the Planning Coiiunission has the opportunity to consider other similarly situated properties in the area and reexamine the master planning issues. Mr. Schumann seconded the motion; all voted "Aye" with the exception of Mr. Neilson who abstained from the vote. The motion passes. PLANNING ISSUES Discuss "Block 57 - Implementation Strategy and Urban Master Plan" and requests of the Redevelopment Agency for conditional use approval for the public plaza and demolition permits for existing structures. Mr. Johnson stated that FFKR was under contract with the Redevelopment Agency (RDA) to prepare the master plan for Block 57. That master plan is now at the conceptual approval stage. Eventually, the RDA will have to approve this plan in their client capacity. Mr. Johnson explained that before this plan can become an effective part of the City's master plan, it must be approved by the Planning Commission and the City Council. This is the first phase of getting this plan approved. Mr. Johnson further stated that this is also an P Z 3� LEGISLATIVE ACTION • ACTION PROPOSED BY: Council Member L. Wayne Horrocks PROPOSED ACTION: Rezone area located between the Jordan River and 700 West and. 900 South to California Avenue from "R-4" and "R-2" to "R-1" classification. BACKGROUND INFORMATION: This rezoning is a necessary step in the implementation of the Westside Community Master Plan goals and to update the plan for new development. REFERRED TO: Department of Development Services for scheduling on the Planning Commission agenda. t_05 CRAIG E. PETERSON S,u<a-2 Q�CAI(e ®2.1 DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT 451 SOUTH STATE STREET, ROOM 218 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7777 TO: Salt Lake City Council December 28, 1989 Re: Technical Amendments to Eight Zoning Ordinances Recommendations: That the City Council hold a public hearing on February 6, 1990 at 6:40 p.m. to discuss technical amendments to the zoning ordinances to correct inaccuracies, omissions and improve the readability of the Zoning Ordinance prior to reprinting. Availability of Funds: Not applicable Discussion and Background: The following is a review of the corrections that are being recommended: 1. 21.06.050 Updating the filing fcc for the Board of Adjustment 2. 21.26.010(E) Repealing a temporary moratorium on fraternity/sorority houses which has expired; new ordinance is in place. 3. 21.38.020 Correcting an omission of the area requirements for residential development in the Residential "R-6" zoning district. 4. 21.80.030 Clarifying the reading of the requirements for lots facing public street. 5. 21.84.010 Clarifying that driveways must be hard surfaced. 6. 21.84.020 Clarifying the parking requirements for residential development. 7. 21.84.030(A) Clarifying parking requirements for apartments in the Commercial and Industrial zoning districts. 8. 21.92.280 Setting the fcc schedule for sign permits by the Uniform Building Code. The Planning Commission has reviewed and approved the above mentioned technical amendments to the Zoning Ordinance. Legislative Action: The City Attorney's Office has prepared and approved the necessary ordinance and is ready for your action. Submitted by: ,as-J MICHAEL B. Z. Acting Dir-• or Community . - o .mic Development ALLEN C. JOHNSON, AICP PLANNING AND ZONING P,ANNING DIRECTOR COMMISSION MEMBERS WILLIAM T. WRIGHT, AICP COMMUNITY AND ECONOMIC DEVELOPMENT RALPH BECKER DEPUTY DIRECTOR PLANNING DIVISION DAN BETHEL -J°ERVISOR LONG RANGE PLANNING Planning and Zoning Commission CINDY CROMER AND URBAN DESIGN THOMAS A. ELLISON SANDRA MARLER 451 SOUTH STATE STREET LAVONE LIDDLE-GAMONAL SECRETARY ROOM 406, CITY AND COUNTY BUILDING RICHARD J. HOWA RALPH P. NEILSON SALT LAKE CITY, UTAH 84111 GEORGE NICOLATUS TELEPHONE 535-7757 JOHN M. SCHUMANN December 22, 1989 Mr. Mike Zuhl, Acting Director Community and Economic Development Salt Lake City Corporation Dear Mike: Attached please find a staff initiated petition to make certain technical amendments to the zoning ordinance to correct inaccuracies, omissions and improve the readability of the ordinance prior to reprinting. On December 7, 1989 the Planning Commission held an informal hearing to discuss these changes and receive public comment. At the conclusion of their discussion, the Planning Commission recommended that the City Council schedule a formal public hearing for the proposed ordinance changes and adopt the new ordinance. Bruce Baird has drafted the ordinance in accordance with the Planning Commission recommendation. The attached staff report outlines the changes and their affect on the existing ordinance. I recommend that the City Council schedule a public hearing and adopt the Planning Commission's recommended changes. If you have any questions, please contact me. Respectfully su, mitted, William. T. Wri t AICP Deputy Planning Director cc: file Salt Lake City Planning Commission Staff Report Ordinance making certain technical amendments to the Zoning Ordinance OVERVIEW The City Planning Staff is recommending technical changes to the zoning ordinance to correct inaccuracies, omissions and improve the readability of the ordinance prior to printing. These corrections do not materially change the ordinance. The Planning Staff recommends that the Planning Commission forward a favorable recommendation to the City Council for these changes. ANALYSIS Attached is the proposed ordinance with the changes highlighted. The additions are underlined and the deletions struck out. A review of the corrections are as follows. 21.06.050 Updating the filing fee for the Board of Adjustment. 21.26.010(E) Repealing a temporary moratorium on fraternity/sorority houses which has expired; new ordinance is in place. 21.38.020 Correcting an omission of the area requirement for residential development in the Residential "R-6" zoning district. 21.80.030 Clarifying the reading of the requirements for lots facing a public street. 21.84.010 Clarifying that driveways must be hard surfaced. 21.84.020 Clarifying the parking requirements for residential development. 21.84.030(A) Clarifying parking requirements for apartments in the Commercial and Industrial zoning districts. 21.92.280 Setting the fec schedule for sign permits by the Uniform Building Code. RATION The Planning Staff recommends approval of correcting these technical errors presently contained in the zoning ordinance. The Planning Commission should make their recommendation to the City Council. October 27, 1989 William T. Wright Deputy Planning Director conditional use approval criteria. He added that the business down the street could be an allowed use and the canopy overhang restrictions would not apply to them. PETITIC.IS INFORMAL HEARING - Planning Staff initiative to make certain technical amendments to the Zoning Ordinance to correct inaccuracies, omissions and improve the readability of the ordinance. Mr. Bill Wright presented the staff report and stated that the Planning Staff is recommending technical changes to the Zoning Ordinance to correct inaccuracies, omissions and improve the readability of the ordinance prior to printing. These corrections do not materially change the ordinance. The Planning Staff recommends the Planning Commission forward a favorable recommendation to the City Council for these changes. A copy of the proposed changes are filed with the minutes. The additions are underlined and the deletions struck out. A review of the corrections is as follows: 21.06.050 Updating the filing fcc for the Board of Adjustment. 21.26.010(E) Repealing a temporary moratorium on fraternity/sorority houses which has expired; new ordinance is in place. 21.38.020 Correcting an omission of the area requirement for residential development in the Residential "R-6" zoning district. 21.80.030 Clarifying the reading of the requirements for lots facing a public street. 21.84.010 Clarifying that driveways must be hard surfaced. 21.84.020 Clarifying the parking requirements for residential development. 21.84.030(A) Clarifying parking requirements for apartments in the Commercial and Industrial zoning districts. 21.92.280 Setting the fcc schedule for sign permits by the Uniform Building Code. Mr. Wright said the Planning Staff recommends the Planning Commission recommend approval of correcting these technical errors presently contained in the Zoning Ordinance to the City Council. Mr. Wright added that Mr. Bruce Baird, the Assistant City Attorney had recommended this matter be handled as an informal hearing. He stated that since this matter affects every location in the City, the Planning Staff had not mailed notices to the entire City. He added, however, that this matter would be advertised as required by law when the City Council holds the public hearing on this matter. Ms. Cromer asked if the changes dealing with parking requirements for apartment complexes were sensitive to whether or not the apartments had one or two or more bedrooms. Ms. Cromer said she felt one stall was adequate for a one bedroom apartment but might not be adequate for a two or more bedroom apartment. Mr. Wright responded in the negative but added that the number of stalls required was based upon an averaging of the total number of apartments in various complexes. He added that this might be an issue worth considering when the entire Zoning Ordinance is rewritten. Mr. Nicolatus moved to recommend approval to the City Council of the technical amendments to the Zoning Ordinance as suggested in the staff report. Ms. Cromer seconded the motion; all voted "Aye." The motion passes. DRAFT SALT LAKE CITY ORDINANCE No. of 1989 (Making certain technical amendments to Title 21 ) AN ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 21 TO CORRECT TECHNICAL ERRORS. WHEREAS, the City Council of Salt Lake City, Utah, has reviewed Title 21 and has determined that numerous technical errors should be corrected; NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 21.06.050 be amended to read as follows: 21.06.050 Appeals to the board. Appeals to the board of adjustment may be taken by any person aggrieved or any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof and paying to the city treasurer a fee [of twenty dollars] as provided in Section 21.01.020 with each notice of appeal where the relief sought is a variance from the terms of this title. The officer from whom the appeal is taken shall thenceforth transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. SECTION 2. That Section 21 .26.O1O.E. be repealed as the moratorium has expired: 21.26.010 * * * A. * * * B. * * * C. * * * D. * * * [£: r . g-peer, plans or appli otion for the purpiesesonstructing7-purehasihg7 wed-- n subsection-C e fraternity or sorority house, or boardi the faculty or students of any college or university" shall be Wing or building departments or any other department of the city, -nor shall any plans or appli ationa for cuch use currently on file be processed any further by any applIeable-department, nor shall any permits be issued by-the building inspec tment . permit3 and approvals -° , extend ff or s hort-is or un rl-3ucxh sooner--time—L3-s the—ei-t-y Petit-ion-No. n0 ci c o7, -2- SECTION 3 . That Section 21 .38 .020 be amended by adding the following language which was accidentally omitted during the recodification: 21.38.020 Area regulations. The minimum lot area shall be not less than four thousand ( 4, 000) square feet for a one-family dwelling with an additional five hundred ( 500 ) square feet required for each family added. Area requirements for boarding houses, lodging houses and convalescent and nursing homes in the R-6 district shall be four thousand ( 4, 000 ) square feet for the main structure plus five hundred square feet for every three boarders, lodgers, roomers, patients or other persons the building is designed or licensed to accommodate. SECTION 4. That Section 21. 80.030 be amended to read as follows: 21.80.030 Lot Facing a public street required for all uses--Exceptions. Except for [group dwellings, ] all planned unit developments including residential, commercial or industrial [ men-ts;] as specifically authorized by this title, except for accessory [buildings] structures, all buildings shall be located and maintained on a lot as defined in this title, and shall maintain a front yard facing and have unrestricted access to a public street. SECTION 5. Section 21 .84.010.A. shall be amended to read as follows: -3- A. There shall be provided at the time of the erection of any main building or structure, minimum hard-surfaced off-street parking space with adequate [provisions for] hard-surfaced ingress and egress by standard-sized automobiles as hereinafter provided. SECTION 6. That 21. 84.020 be amended to read as follows: 21.84.020 Number of spaces--[ dwellings. ] Dwellings. • A. In all ['asident -alones] zoning districts there shall be provided in a private garage, or on a hard-surfaced area properly located for a future garage, space for the parking of two automobiles for each single-family dwelling, three automobiles for a two-family dwelling, five automobiles for a three-family dwelling and six automobiles for a four-family dwelling. The parking space must be on the same lot as the main building. In addition to the above, visitor parking meeting all front, rear and side yard requirements and design standards shall be required on a ratio of one-half stall per unit. B. For more than four dwelling units such other amounts of visitor parking shall be provided as may otherwise be specified. SECTION 7., That Section 21 .84.030.A. be amended as follows: A. For apartments, one and one-half parking spaces for each unit in such apartment unless the apartment is located in an R-7, C-2, C-3, C-3A or C-4, M-1, M-1A and M-2 district, in which case parking shall be required on a ratio of one parking stall to each apartment. -4- SECTION 8. That Section 21 .92.280 be amended to read as follows: 21.92.280 Fee schedule. [The sign permit fee shall be calculated by uoing the ding in3pcetor and the following: SIGN PERMIT FEE it Fee S-1 .00 to 500.00 $5.00 $5n nn 2 000 nn $5.00 fez—fT�B 500.00, plus 1 .nn E-e h additional 100.00 or $2, 001 .00 to 25, 000.00 $20.00 plus 4.00 for cee-41 a a it e 1,000.00 $25, 001 .00 to 50,000.00 --$4-12.00 plus 3.00 for each additional 1,000.00 . ] Fees for sign permits shall be those specified by the Uniform Building Code as adopted by Salt Lake City. This Ordinance shall take effect on its first publication. Passed by .the City Council of Salt Lake City, Utah, this -- day -o-€ , 1989 . CHAIRPERSON -5- D (6.5k PALMER DEPAULIS :.+` �r A`a�up-� `D ie 4,0):1+ MAYOR OFFICE OF THE MAYOR CITY AND COUNTY BUILDING 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7704 December 4, 1989 Willie Stoler, Chairperson, and Members of the Salt Lake City Council 451 South State Street, Room 304 Salt Lake City, Utah 84111 Dear Willie: I am transmitting herewith recommendations for board appointments which I would appreciate the Council to advise and consent upon: ' PUBLIC UTILITIES ADVISORY COMMITTEE Paul B. Keyser to be reappointed to a second term ending December 31, 1993 Vaughn B. Wonnacott to be reappointed to a second term ending December 31 , 1993 MMUNITY DEVELOPMENT ADVISORY COMMITTEE Curley C. Jones to be appointed to fill Peter Netka' s unexpired term extending through July, 1990 BOARD OF ADJUSTMENT Mark Hafey to be appointed to replace Nancy Pace, for his first term ending December 31 , 1994 SALT LAKE ART DESIGN BOARD (please see enclosed briefing paper) Guy Paul Kroesche to be appointed to replace Brook Bowman, for his first term ending March 8, 1992 GOLF ADVISORY BOARD Linda Peterson to be appointed to replace Norma Carr, for her first term term ending January, 1993 HOUSING ADVISORY AND APPEALS BOARD John Bohling to be appointed to fill Elizabeth Haslam's unexpired term ending October 14, 1990 RECREATION ADVISORY BOARD Stephen H. Beard to be appointed to replace Alan Katoa, for his first term ending January, 1994 MOSQUITO ABATEMENT DISTRICT Eldon G. Marshall to be appointed to replace Lynn Thatcher, for his first term ending December 31 , 1990 HISTORICAL LANDMARK COMMITTEE Michael J. Stransky to be reappointed to a third term extending through July 14, 1991 Stephen A. England to be reappointed to a third term extending through July 14, 1991 Ranch S. Kimball to be reappointed to serve his first full term extending through July 14, 1991 Peter DuP. Emerson to be reappointed to a third term extending through July 14, 1991 Grace Sperry to be reappointed to a second term extending through July 14, 1991 Stuart Loosli to be appointed to replace Ken D. Peterson, for his first term extending through July 14, 1992 John Gates to be appointed to replace Harold Christensen, for his first term extending through July 14, 1992 David E. Svikhart to be appointed to fill Tom Sieg's unexpired term, extending through July 14, 1990 I would appreciate your consideration of these appointments and ask that they be placed on the Council 's agenda at the earliest opportunity. If I can provide you with any further information, please don't hesitate to call. Sincerely, 01/141-A)4 /(Zats:1 Mayor PD/RBC:jf Enc. cc: LeRoy W. Hooton, Jr. Stephanie Loker Randy Taylor Nancy Boskoff Scott Gardner Harvey Boyd Sammie Dickson Bil Schwab PAGE TWO .b P• MOSQUITO ABATEMENT DISTRICT Eldon G. Marshall to be appointed to replace Lynn Thatcher (District 6) for Mr. Marshall's first term, ending December 31, 1990. Mr. Marshall lives in District. 2 and is retired from the City-s Fire Department. It Mr. Marshall is appointed, three members of the District will live in District 1, one in District 2, one in District 6 and none in the other Districts. HISTORICAL LANDMARK COF'IIIIITTEE Stuart. Loosli to be appointed to replace Ken D. Peterson (District 3) for fir. Loosli 's first term, extending through July 14, 1992. Mr. Loosli lives in District 3 and is a General Contractor/Landscape Architect. John Gates to be appointed to replace Harold Christensen for Mr. Gates' first term, extending through July 14, 1992. Mr. Gates is a lawyer and resides in District 6. David E. Svikhart to be appointed to fill Tom Sieg's (District 3) unexpired term, extending through July 14, 1990. Mr. Svikhart lives in District 7 and is Vice-President of American Savings. If Loosli, Gates and Svikhart are all appointed, no members of the Committee will live in District 1, none in District 2, ten in District 3, one in District 4, none in District 5, two in District 6 and one in District 7. REAPPOINITENTS PUBLIC UTILITIES ADVISORY COMITTEE Paul B. Keyser to be reappointed to a second term, ending December 31, 1993. Mr. Keyser is affiliated with three businesses in the City, but does not live in the City. State residency is required for membership on the Committee. Vauchn B. Wonnacott to be reappointed to a second term, ending December 31, 1993. Mt. Wonnacott, a licensed professional engineer, does not live in the City. b t 'MAT 1 1a;Cc'T.[Yi G,;0 0 , ES OFFICE OF THE CITY COUNCIL CITY AND COUNTY BUILDING 451 SOUTH STATE STREET. SUITE 304 SALT LAKE CITY, UTAH 84111 535-7600 January 3, 1990 MEMORANDUM TO: COUNCILME BERS FROM: ED SNOW RE: REVIEW OF MAYOR DEPAULIS" BOARD APPOINTMENT RECOMMENDATION I have attached the Mayor's recommendation of Mark Hafey to be appointed to the Board of Adjustment. Because of a question regarding this recommendation, there was a slight delay in the processing. MAYOR'S BOARD APPOINTMENT RECO111ENDATION NEW APPOINTMENT BOARD OF ADJUSTMENT Mark Hafey to be appointed to replace Nancy K. Pace for Mr. Hafey's first term, ending December 31, 1994. Mt. Hafey worked in Salt Lake City's Planning Department for 30 years and was a staff member for the Board of Adjustment for many of those years. Mr. Hafey does not live in the City. There are no specific residency requirements for membership on the board. If Mr. Hafey is appointed, one member of the board will live in District 1, none in District 2, two in District 3, one in District 4, none in District 5, one in District 6 (alternate) and none in District 7. BOARD OF ADJUSTMENT ORDINANCE CITATION: 21 .06.010 MEMBERSHIP: 5 with 3 alternate members TERM: 5 years, staggered terms QUALIFICATION: Non-required ADVICE AND CONSENT: yes OATH OF OFFICE: No PURPOSE: The Board has three basic powers: ( 1) Hears appeals on applications of zoning ordinances. (2) Reviews, grants, or denies all applications for special exceptions to the ordinances (conditional uses). (3) Grants variances from the zoning ordinance in specific cases where there are special conditions attached to the ,property not generally applicable to other properties. The Board cannot grant a use variance. NAME COUNCIL INITIAL TERM DISTRICT APPOIbTI1ENT EXPIRATION DATE 1. Dorothy Pleshe 3 4/84(ALT) 1st Full Term 641 6th Ave. 7/86(12/86) 12/31/91 Salt Lake City, Utah 84103 12/86 Phone: (W)530-7367 (H)539-9704 2. Jerry Fenn 1 12/88 1st Term 905 North 1500 West 12/31/93 Salt Lake City, Utah 84116 Phone: 359-7597 3. Robert Lewis 4 1/81(12/82) 2nd Term 806 Blair Street 12/82( 12/87) 12/31/92 Salt Lake City, Utah 12/88 Phone: (H) 363-8331 4. Nancy Pace - RESIQNED 3 (12/84)1/85 1st Tern 1524 Arlington Drive 12/31/89 Salt Lake City, Utah 84102 Phone: (W)364-4461 (H)322-2348 5. I. J. Wagner 3 10/83(ALT) 1st Term 445 Northmont Way 10/87 12/31/90 Salt Lake City, Utah 84111 Phone: (W)322-4141 (H) 364-6870 Board of Adjustments Page Two ALTERNATES 1 . Rick Howa 6 09/00/89 1st Term 1039 0akhills Way 1/00/90 Salt Lake City, Utah 84108 Phone: (H) 583-9210 (W) 328-0678 (Planning Commission Liason) She is filling in until 9/89 2. Kent Money N/A 1/87 Unexpired Term 1897 West 11700 South 12/31/91 South Jordan, Utah 84065 3. Faun Hansen RESIGNED 6 7/88 1st Term 2245 East 1700 South 12/31/92 Salt Lake City, Utah 84106 Phone: (H)583-1311 (W)328-1633 Meeting Schedule: Every other Monday, 4 p.m. Community and Economic Development Board Room Room 126 City and County Building Staff Support: Randolph P. Taylor 535-7751 12/01/89rbc STEPHANIE PETERSON �C�l V/ diatlf PALMER DEPAULIS DIRECTOR MAYOR COMMUNITY AFFAIRS 451 SOUTH STATE STREET, ROOM 335 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7915 December 22, 1989 TO: Salt Lake City Council RE: Changes to Handicapped Parking ordinance RECOMMENDATION: City Council approve the following changes to the Handicapped Parking ordinance: 1- Section 12.56.135 would be added to the existing ordinance to allow out-of state vehicles with authorized plates to park in designated handicapped spaces in Salt Lake City. This addition would be consistent with state law and would be a service to disabled out-of-state visitors. 2- Change the word handicap to handicapped throughout the ordinance. FUNDING: Not applicable BACKGROUND DISCUSSION: The Mayor's Handicapped Concerns Committee has proposed these changes. Police, Transportation, Finance, and Personnel departments have reviewed and approved the changes. LEGISLATIVE ACTION: The City's attorney's office has prepared the necessary changes to the ordinance and is attached for your action. CONTACT PERSON: Becky Sanchez 535-7931 Sub fitted by: St anie Peterson Director, Mayor's Office of Community Affairs DRAFT SALT LAKE CITY ORDINANCE No. of 1989 (Handicapped Parking) AN ORDINANCE AMENDING CHAPTER 12. 56, SALT LAKE CITY CODE, BY AMENDING SECTIONS 12. 56. 120 AND 12. 56. 130 AND BY ENACTING A NEW 'l SECTION 12. 56. 135 RELATING TO HANDICAPPED PARKING. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 12. 56. 120 of the Salt Lake City Code be, and the same hereby is amended to read as follows: 12.56.120 Handicapped parking--Public property. A. Handicapped Parking at Meters and in Restricted Areas. 1 . A handicapped person whose automobile has affixed thereto, as provided by law, the handicapped license plate *** 2. *** a. *** b. *** B. Designated Handicapped Parking. The city transportation engineer is hereby authorized, at his/her discretion to reserve by appropriate signing, various public areas or property for handicapped parking. It is unlawful for: 1. Any handicapped person to park longer than the time shown on the sign designating the area as "handicapped parking" ; or 2. Any vehicle to be parked in an area designated as handicapped parking, unless such vehicle has displayed upon it the handicapped parking plate or transferable identification card issued by the state. C. Unlawful Use of Handicapped License Plate. It is unlawful for any person using a vehicle with a handicapped license plate or transferable motor vehicle identification card who is not handicapped to use handicapped parking. D. Restricted Areas Not Authorized for Special Handicapped Parking. *** 1 . through 15. *** SECTION 2. That Chapter 12. 56 . 130 of the Salt Lake City Code be, and the same hereby is amended to read as follows: 12.56. 130 Handicapped--Private property. No vehicle except those displaying a handicapped license plate or transferable motor vehicle identification card issued by the state shall park in any parking spot designated for the parking of handicapped persons. *** SECTION 3. That Chapter 12. 56 of the Salt Lake City Code be, and the same hereby is, amended by enacting a new Section 12. 56. 135 pertaining to handicapped parking by out of state vehicles to read as follows: 12.56.135 Handicapped parking--Out-of-state vehicles. The parking privileges granted by Sections 12. 56. 120 and 12. 56. 130 herein, or their successors, also apply to vehicles displaying a distinctive handicapped license plate or transferable identification card issued by another state, if displayed on a vehicle utilized by a handicapped person. SECTION 4. This ordinance shall take effect upon its first publication. -2- Passed by the City Council of Salt Lake City, Utah, this day of , 1989. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s action: Approved Vetoed. MAYOR ATTEST: CITY RECORDER (SEAL) Bill No. OF 1989 . Published: LVS:rc -3- 062a. JOSEPH R. ANDERSON Ma wt.9J TlY�(��PV/ D e �© � PALMER DEPAULIS PUBLIC WORKS DIRECTOR MAYOR DEPARTMENT OF PUBLIC WORKS 451 SOUTH STATE STREET, SUITE 507 SALT LAKE CITY, UTAH 84111 TELEPHONE 535-7775 TO: Salt Lake City Council DATE: Dec. 11, 1989 REFERENCE: Notice of Intention - 1990 Central Business District - Street Lighting and Beautification S . I .D. - Project No. 38-864 RECOMMENDATION: City Council adopt the Notice of Intention to create the District, authorize the advertising of the Notice of Intention in accordance with the attached schedule , and authorize advertising for construction of the project. AVAILABILITY OF FUNDS: Redevelopment Agency funds and property owner assessments through the Special Improvement District. DISCUSSION: This district will provide for installation of new sidewalk with brick pavers, tree planters , irrigation and electrical system, street lights and the rehabilitation or aban- donment of sidewalk vaults. The Department of Public Works intends to advertise this project for bids in February and begin construction in April , 1990, with completion by November , 1990 , if construction funds are made available. Attached are drawings showing the areas to be reconstructed, an information sheet, a draft of a letter to abutting property owners , a draft of the Notice of Intention, and a schedule of events for hearings and meetings on this project . CONTACT PERSON: Daniel C. Noziska, P.E. - Project Manager SUBMITTED BY: Joseph R. Anderson - Director of Public Works - JRA:DCN:pp Attachments cc: Max G. Peterson Daniel C. Noziska Vault L�L� I 1 t 6°° \��\ ®� 'I • UTAH STATE 1I0„��7N. \-,„\\ , 7 CAPITOL r 1 : rlii k r • �ij • C.B.D. I BEAUTIFICATION 3Hgl tidy j 1 AND 200 i • - -- I L STREET . LIGHTING L II 1 � . SADD. . r —1 tidPROJECT NO. 38-864 �. ST. A a f i LatrrvId AY C ►air /t PI • • • rir..' 1:::)11 L--]1 bout W .. • JI6_L__ J.< Q J . < • .se.,. 3 a❖ " PI Ilk �wA..r South IPttroont A 'Ptorpont Ar Q Deo PI Q. A v.BRQAQ a W PIONEER 11— P4f1 r, ' 01(tiCr P1 - j W PARK ' ��JJ .. 400 • w ..._. g 11 CRY i ` C ody =1 I '-�'•' 3 wdx.vr v z COUNTY t _. r' ', II L.•e I +'1 & Orcdwd ! — r i , P1 aE ril • PI p ,, w Ar A„ 6 ; ri 1 , . . I pt � 1 Colts;Ar 'dovU,fIrL1I � 11 I W 1 1 t.. II 11 111 11 It I n JI Ins ii INFORMATION SHEET 1990 CENTRAL BUSINESS DISTRICT BEAUTIFICATION AND STREET LIGHTING SPECIAL IMPROVEMENT DISTRICT NO. 38-864 DISCUSSION: The 1990 CBD Beautification and Street Lighting Special Improvement District involves South Temple/State Street to 300 West; 300 South/West Temple to 200 West; 400 South/State Street - Main Street (north side) ; State Street/300 South - 400 South (west side) ; and 100 South Median/State Street to Main Street. The improvements for the District include the removal and reconstruc- tion of curb, gutter, sidewalks with brick pavers , driveways and appurtenances; the removal of illegal or nonstandard driveways; the construction of minor drainage facilities; the construction of tree planters, placement of soil and trees ; the installation of irrigation and electrical systems ; street lighting; property drains ; the abandon- ment or rebuilding of sidewalk vaults ; and other miscellaneous work which is necessary to complete the above improvements. AVAILABILITY OF FUNDS: Funds for the project will come from the Redevelopment Agency and property owner assessments through the Special Improvement District . PRELIMINARY ESTIMATED COSTS: Property Owner Portion $1 ,020, 290 Redevelopment Agency Portion 980 , 000 Total Estimated Cost $2,000,290 DRAFT Reference: Central Business District Beautification & Street Lighting Special Improvement District Project #38-864 Dear Property Owner : We wish to inform you the referenced project, which includes your property, is proposed for construction. This project will consist of the following: removal and reconstruction of curb, gutter, sidewalks with brick pavers, driveways and appurtenances ; the removal of illegal or nonstandard driveways; the construction of minor drainage facili- ties; the construction of tree planters, placement of soil and trees ; the installation of irrigation and electrical systems ; street light- ing ; property drains; the abandonment or rebuilding of sidewalk vaults; and other miscellaneous work which is necessary to complete the above improvements. Included in this packet is a Notice of Intention describing the project and a schedule with the estimated cost to be assessed property owners. Your total assessment for the project can be estimated by multiplying the number of square or lineal feet of proposed improve- ments abutting your property by the appropriate rate and if required, adding extra costs for vault work . The property owner is responsible for the total cost of rehabilitating and/or abandoning the sidewalk vaults and the ventilation structures. The adjustment for the Redevelopment Agency ' s portion has been taken into account in the rates shown. Page -2- The purpose of the Notice of Intention is to allow you to review the estimated costs for this project and to present you with the opportunity to protest the project if in disagreement with it. If your property is included in the project and the construction bids received agree with project estimates, construction should begin late this spring, with completion scheduled for fall . The Notice of Intention describes how a Special Improvement District is created and operates. The following emphasizes the important points in the Notice of Intention. All nonconforming improvements which have been built or installed by abutting property owners within the area to be improved must be removed by the property owners at their expense prior to the commence- ment of the project. If these improvements are not removed by the property owners, they will be removed and disposed of by the contractor as directed by the Engineer. Once the project is completed, Salt Lake City intends to levy the assessments to be paid by property owners. Property owners will be given the option of paying the assessment in full without interest within fifteen (15) days after the ordinance levying the assessment becomes effective, or paying the assessment in ten (10) annual installments with interest on the unpaid balance at a rate or rates fixed by the City Council . Page -3- As the owner of record of the property, you have the right to file a written protest against the creation of the 1990 CBD Beautification and Street Lighting Special Improvement District No. 38-864, or to make any other objections relating thereto. Protests shall describe or otherwise identify the property being protested. Protests shall be filed with thee City Recorder of Salt Lake City, Utah on or before 5:00 p.m. on the 5th day of March, 1990. Thereafter, at 6:00 p.m. on the 6th day of March, 1990, the City Council will meet in public meet- ing at the City Council Chambers to consider all protests so filed and hear all objections related to the proposed Improvement District. The protests rate shall be determined by totaling the proposed assess- able square footage and/or lineal footage of work for the property owners filing written protest and dividing it by the total assessable square footage and/or lineal footage of work for all property owners within the District. The City Council may, at its discretion, delete areas from the District. The City Council will rescind its intention to create the District if the total proposed estimated assessments against properties to be improved within the modified District boundaries represent more than fifty percent (50%) of the total assessment value of property remaining in the District and the project will not proceed. "Informal Public Meetings" are scheduled to review this project with interested abutting property owners according to the following schedule: Page -4- February 22, 1990 - 2:00 p.m. to 3:00 p.m. and 5:00 p.m. to 6:00 p.m. Salt Lake City Engineering Office 444 South State Street Salt Lake City, Utah Members of the Engineering Division staff will be present at the meetings with copies of the assessment plats for the projects. They will be available to answer any specific questions property owners have relative to assessment costs and the proposed project. Please note attendance at this meeting does not take the place of written protests. Those wishing to protest must follow the procedures out- lined in the "Notice of Intention". If you have any questions concerning this project, and are unable to attend the meeting, please feel free to contact the Project Manager, Mr. Daniel C. Noziska in the City Engineering Office at 444 South State Street, telephone number 535-7958 . Sincerely, Max G. Peterson, P. E. City Engineer MGP:DCN:pp Attachments cc w/attach. : Vault DRAFT NOTICE OF INTENTION PUBLIC NOTICE IS HEREBY GIVEN that on the 9th day of January 1990, the City Council of Salt Lake City, Salt Lake County, Utah (the "City") , adopted a resolution declaring its intention to create the Salt Lake City, Utah Special Improvement District No. 38-864 (the "District") . It is the intention of the City Council to make improvements within the District and to levy special taxes as provided in Chapter 16 , Title 10, Utah Code Annotated, (1953) , as amended, on the real estate lying within the District for the benefit of which such taxes are to be expended in the making of such improvements. DESCRIPTION OF DISTRICT The District will be created and improvements will be constructed within the boundaries of Salt Lake City, Utah. The improvements for the District include the removal and reconstruction of curb, gutter, sidewalks with brick pavers , driveways and appurtenances; the removal of illegal or nonstandard driveways; the construction of minor drainage facilities ; the construction of tree planters , placement of soil and trees ; the installation of irrigation and electrical systems , street lighting; property drains ; and the abandonment or rebuilding of sidewalk vaults ; and other miscellaneous work which is necessary to complete the above improvements . Location of Improvements On all the following named streets the abutting property owners will be assessed for the described improvements at the herein below esti- mated rates . -1- Streets : South Temple: State Street to 300 West less the south side from West Temple to 200 West State Street : West side of street, from a point 247. 5 feet south of 300 South property corner to 400 South 400 South: North side of street, from a point 165 feet west of Main Street property corner to State Street 300 South: West Temple to 200 West Basis for Assessment The abutting property owners whose property will be improved will be assessed the cost of such improvements. Depending on the nature of the improvements, some costs will be assessed by front foot of abutting property and some costs will be assessed by square foot of improvements. Other extra costs will be assessed for vault rehabi- litation or abandonment. For a designation of the applicable rate and method of assessment, see "Estimated Cost of Improvements" set out hereafter. A map of the District and rates for assessments are available for review in the City Engineer ' s Office. Also available is a list of all property owners affected and the rate schedule for each. All other necessary things shall be done to complete the whole project according to plans , profiles and specifications on file in the office of the City Engineer . All nonconforming improvements such as lawns , sprinkling systems , rock gardens, driveways, curbs and gutters , culverts, walks , fences, etc . , which have been built or installed by abutting property owners within -2- • the area to be improved, must be removed by the property owners at their expense prior to the commencement of the project. If these improvements are not removed by the property owners , they will be removed by the contractor and disposed of by him as directed by the Engineer. ESTIMATED COST OF IMPROVEMENTS The total cost of improvements in said proposed Special Improvement District as estimated by the City Engineer is $2,000,290.00 of which it is anticipated the Redevelopment Agency of Salt Lake City (the "Agency" ) will pay approximately $980,000.00. The remainder of approximately $1,020,290.00 shall be paid by a special tax to be levied against the property abutting upon the streets to be improved or upon property which may be affected or specifically benefited by such improvements. The actual commitment of the Agency to pay its portion of the costs of improvements is subject to the availability of funds and compliance with budget approval . No assessable costs will be incurred unless and until the Agency has completed the budgeting process as to its estimated portion of the costs of the proposed improvements and has determined the availability of funds. The estimated property owner ' s costs include a ten percent (10%) allowance for the issuance of interim warrants during construction and an allowance of approximately fifteen percent (15%) for administra- tive costs , engineering, legal and other costs in connection with the issuance of bonds . The property owner ' s portion of the total estimated cost of the improvements may be financed during the construction period by the use of interim warrants . The interest on -3- • said warrants will be assessed to the property owners . The estimated cost to be assessed against the properties within the District shall be as follows : IMPROVEMENTS AND ESTIMATED COSTS Abutters Estimated Rate Estimated Cost to Number Improvements Quantity Cost/Unit Abutters 1. New 4" sidewalk with brick pavers & misc. work, i . e. drainage work , pkg meters 30,000 SF $ 6 . 25 $187, 500 2 . Street Beautification in- cluding trees, planters , grates, benches, irrigation and power systems 2, 300 LF $70.00 $161,000 3. 7-B curb and gutter with asphalt tie-in 1, 200 LF $16 . 00 $ 19 ,200 4 . Scarify and seal existing vault surface and install pavers and concrete 4 , 500 SF $ 5 . 00 $ 22, 500 5. Install brick pavers on new cast in place concrete vault surface 4 ,500 SF $ 3. 50 $ 15, 750 6 . Sidewalk drain 400 LF $12. 50 $ 5,000 7 . South Temple Street Lighting including new poles, conduit and vaults 4 ,650 LF $70. 00 $325, 500 8 . 300 South Street lighting, new poles and misc. work 1, 310 LF $64 .00 $ 83,840 Estimated Extra Cost for Vault Reconstruction or Abandonment and Ventilation Structures $200, 000 Total Estimated Abutters Portion of Improvements $1 ,020, 290 Total Estimated Agency Portion of Improvements $ 980, 000 TOTAL PROJECT COST: $2,000,290 -4- The estimated cost of the Agency' s portion consists of one-half of the cost of sidewalks with pavers , street beautification, curb and gutter , street drainage, and street lighting. The proposed assessment will be equal and uniform based on benefits received. The adjustment for the Agency 's portion has been taken into account in the Table above so that the Estimated Cost per unit represents the net estimated cost to be assessed to the property owner. ASSESSMENTS AND LEVY OF TAXES It is the intention of the City Council of Salt Lake City, Utah to levy assessments as provided by the laws of the State of Utah on all parcels and lots of real property within the District benefiting from the improvements. The purpose of the assessments and levy is to pay those costs of the subject improvements. The method of assessment shall be by lineal front foot, square foot and/or extra cost as set forth herein. Assessments may be paid by property owners in ten (10) equal annual principal installments . Interest will accrue on the unpaid balance at a rate or rates to be fixed by the City Treasurer . The whole, or any part of, the assessment may be paid without interest within fifteen (15) days after the ordinance levying the assessment becomes effective. The assessments shall be levied according to the benefits to be derived by each property owner within the District. Other payment provisions and enforcement remedies shall be in accordance with Chapter 16 of Title 10 of Utah Code Annotated, (1953) as amended. -5- TIME FOR FILING PROTESTS Any person who is the owner of record of property to be assessed in the District described in this Notice of Intention shall have the right to file, in writing, a protest against the creation of Salt Lake City, Utah Special Improvement District No. 38-864 , or to make any other objections relating thereto. Protests shall describe or other- wise identify the property record by the person or persons making the protest. Protests may be filed with the Chief Deputy City Recorder of Salt Lake City, Utah, on or before 5:00 p.m. on the 5th day of March, 1990. No protest will be considered for purposes of creating the District if it is received by the Chief Deputy City Recorder later than this protest filing deadline. Thereafter, at 6:00 p.m. on the 6th day of March, 1990, the City Council will meet in public meeting at the City Council Chambers to consider all protests so filed and hear all objections relating to the proposed District. CALCULATION OF PROTEST RATE The protest rate shall be determined by totalling the proposed assessable square footage and/or lineal footage of assessable work for all property owners filing written protest and dividing it by the total assessable square footage and/or lineal footage of assessable work for all property owners within the proposed District. After the written protest rate has been determined , the City Council may, at its discretion, delete areas from the District. At the time of creation of the District, the written protest of property owners in any area not included in the District will not be used in determining the protest rate . The City Council will rescind its intention to create the District if the total proposed estimated assessments against -6- properties to be improved within the modified District boundaries represent more than fifty percent (50%) of the total assessment value of property remaining in the District and the project will not proceed. BY ORDER OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH City Recorder Published in the Deseret News -7- TENTATIVE CALENDAR OF EVENTS SALT LAKE CITY CENTRAL BUSINESS DISTRICT SPECIAL IMPROVEMENT DISTRICT PROJECT NO. 38-864 Monday, December 18 , 1989 Municipal Council (the "Council") Action Letter Notice of Intent Tuesday, January 2, 1990 Legal documents to advertise Notice of Intention transmitted from Ballard , Spahr , Andrews & Ingersol ("Bond Counsel") to Salt Lake City (the "City") and Burrows Smith Capital Markets (the "Financial Advisor") . Tuesday, January 9, 1990 Council adopts Notice of Intention. Friday, January 26 , 1990 First publication of .Notice of Intention . Friday, February 2, 1990 Deadline for mailing Notice of Intention. Friday, February 2, 1990 Second publication of Notice of Intention . Friday, February 9, 1990 Third publication of Notice of Intention. Friday, February 16 , 1990 Fourth publication of Notice of Intention . Thursday, February 22 , 1990 Informal Information Meeting . Monday, March 5, 1990 Deadline for written protests . Tuesday, March 6 , 1990 Protest Hearing . Friday, March 9, 1990 Council action letter to create the District. Tuesday, March 13, 1990 Legal documents creating the District trans- mitted from Bond Counsel to the City and the Financial Advisor . Tuesday, March 20, 1990 Construction bids opened and Council adopts a resolution creating the District and a resolution awarding the contract to the lowest bidder . Monday, April 9, 1990 Construction begins . October 1990 Construction complete . BD1087 (PF) Salt Lake City, Utah January 9, 1990 A regular meeting of the City Council of Salt Lake City, Salt Lake County, Utah was held on Tuesday the 9th day of January, 1990, at the hour of 6: 00 p.m. , at the offices of the City Council at 451 South State Street, Salt Lake City, Utah at which meeting there were present and answering roll call the following members who constituted a quorum: Alan Hardman Chair Nancy Pace Vice Chair L. Wayne Horrocks Councilmember Ronald Whitehead Councilmember Thomas M. Godfrey Councilmember Don C. Hale Councilmember Roselyn N. Kirk Councilmember Also present: Palmer A. DePaulis Mayor Roger F. Cutler City Attorney Kathryn Marshall City Recorder Absent: None Thereupon the following proceedings, among others, were duly had and taken: Councilmember introduced the following resolution in writing, which was read by title and moved its adoption: RESOLUTION NO. _ of 1990 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF SALT LAKE CITY, SALT LAKE COUNTY, STATE OF UTAH, TO CONSTRUCT IMPROVEMENTS IN THE CENTRAL BUSINESS DISTRICT INCLUDING CURB, GUTTER, SIDEWALKS WITH BRICK PAVERS, DRIVEWAYS, DRAINAGE, TREES, PLANTERS, TIE-IN PAVING, IRRIGATION, VAULT ABANDONMENT OR REBUILDING, ELECTRICAL SYSTEMS, STREET LIGHTING OPERATION AND MAINTENANCE OF STREET LIGHTING FOR ONE YEAR, AND DRAINS AND ALL OTHER MISCELLANEOUS WORK NECESSARY TO COMPLETE THE IMPROVEMENTS; TO CREATE SALT LAKE CITY, UTAH SPECIAL IMPROVEMENT DISTRICT NO. 38-864; TO DEFRAY THE COST AND EXPENSES OF A PORTION OF SAID IMPROVEMENT DISTRICT BY SPECIAL ASSESSMENTS TO BE LEVIED AGAINST THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; TO PROVIDE NOTICE OF INTENTION TO AUTHORIZE SUCH IMPROVEMENTS AND TO FIX A TIME AND PLACE FOR PROTESTS AGAINST SUCH IMPROVEMENTS OR THE CREATION OF SAID DISTRICT; TO AUTHORIZE ADVERTISEMENT OF CONSTRUCTION BIDS AND RELATED MATTERS. BE IT RESOLVED by the City Council of Salt Lake City, Salt Lake County, Utah: Section 1 . The City Council of Salt Lake City, Salt Lake County, Utah (the "City" ) hereby determines that it will be in the best interest of the City to make improvements that will include removal and reconstruction of curb, gutter, sidewalks with brick pavers, driveways and appurtenances; the removal of illegal or nonstandard driveways; the construction of minor drainage facilities; the construction of tree planters, placement of soil and trees; the installation of irrigation and electrical systems; street lighting operation BD1087 (PF) 2 and maintenance of street lighting for one year; property drains; the abandonment or rebuilding of sidewalk vaults; (collectively the "Improvements" ) , and to complete the whole according to the design plans, profiles and specifications on file in the Office of the City Engineer of Salt Lake City, Utah. In order to finance the costs of the Improvements, the City proposes to create and establish a special improvement district, which is more particularly described in the Notice of Intention, to construct the proposed Improvements. Section 2 . The proposed district shall be known as Salt Lake City, Utah Special Improvement District No. 38-864 (the "District" ) . Section 3 . The cost and expenses of a portion of the proposed Improvements shall be paid by a special tax to be levied against the property fronting or abutting upon or situated within the District to be improved or which may be affected or specially benefited by any of such Improvements, such tax to be paid in not more than ten ( 10) equal annual installments with interest on the unpaid balance until due and paid. Section 4. Written protests against the proposed Improvements or against the creation of the District must be presented and filed in the Office of the City Recorder of Salt Lake City, Utah on or before the 5th day of March, 1990, at the hour of 5 : 00 p.m. . Thereafter at 6: 00 p.m. on Tuesday, BD1087 (PF) 3 the 6th day of March, 1990 at the City Council Chambers at 451 South State Street in Salt Lake City, Utah, any such protests shall be heard and considered by the City Council . The City Recorder is hereby directed to give notice of intention to make the proposed Improvements and of the time within which protests against the proposed Improvements or the creation of the District may be filed and the date when such protests will be heard and considered by publishing a notice of intention to create the District in the Deseret News, a newspaper of general circulation in the City, said notice to be published four times, once during each week for four consecutive weeks, the last publication to be not less than five (5) nor more than twenty (20) days prior to the time fixed in the notice as the last day for the filing of protests. In addition, the City Recorder shall mail a copy of such notice by United States Mail, postage prepaid, to each owner of land to be assessed within the proposed District at the last known address of such owner, using for such purpose the names and addresses of said owners appearing on the last completed real property assessment rolls of Salt Lake City, Salt Lake County, and, in addition, a copy of such notice shall be mailed, postage prepaid, addressed to "Owner" at the street number of each piece of improved property to be affected by the assessment, said notices to be so mailed not later than ten ( 10) days after the first publication of the BD1087 (PF) 4 Notice of Intention. If a street number has not been so assigned, then the post office box, rural route number, or any other mailing address of the improved property shall be used for the mailing of the Notice. Said Notice shall be in substantially the following form: BD1087 (PF) 5 NOTICE OF INTENTION PUBLIC NOTICE IS HEREBY GIVEN that on the 9th day of January, 1990, the Mayor and City Council of Salt Lake City, Salt Lake County, Utah (the "City" ) , adopted a resolution declaring its intention to create a special improvement district to be known as Salt Lake City, Utah Special Improvement District No. 38-864 (the "District" ) . It is the intention of the City Council to make improvements within the District and to levy special taxes as provided in Chapter 16, Title 10, Utah Code Annotated 1953 , as amended, on the real estate lying within the District for the benefit of which such taxes are to be expended in the making of such improvements. DESCRIPTION OF DISTRICT The District will be created and improvements will be constructed within the boundaries of Salt Lake City, Utah. The improvements for the District include the removal and reconstruction of curb, gutter, sidewalks with brick pavers, driveways and appurtenances; the removal of illegal or nonstandard driveways; the construction of minor drainage facilities; the construction of tree planters, placement of soil and trees; the installation of irrigation and electrical systems; street lighting; property drains; and the abandonment or rebuilding of sidewalk vaults; and other miscellaneous work which is necessary to complete the above improvements. BD1087 (PF) 6 Location of Improvements On all of the following named streets the abutting property owners will be assessed for the described improvements at the herein below estimated rates. Streets: South Temple: State Street to 300 West less the south side from West Temple to 200 West 400 South: North side of street, from a point 165 feet west of Main Street property corner to State Street 300 South: West Temple to 200 West Basis for Assessment The abutting property owners whose property will be improved will be assessed the cost of such improvements . Depending on the nature of the improvements, some costs will be assessed by front foot and/or square foot of abutting property. Some costs will be assessed by benefitted lot for vault rehabilitation or abandonment. For a designation of the applicable rate and method of assessment, see "Estimated Cost of Improvements" set out hereafter. Because of the variety of improvements being proposed, it is not possible to set out herein the combination of assessment rates applicable to each individual parcel to be assessed. A map of the District and rates .for assessments are available for review in the City Engineer' s Office . Also available is a list of all property owners affected and the rate schedule for each. BD1087 (PF) 7 All other necessary things shall be done to complete the whole project according to plans, profiles and specifications on file in the office of the City Engineer. All nonconforming improvements such as lawns, sprinkling systems, rock gardens, driveways, curbs and gutters, culverts, walks, fences, etc. , which have been built or installed by abutting property owners within the area to be improved, must he removed by the property owners at their expense prior to the commencement of the project. If these improvements are not removed by the property owners, they will be removed by the contractor and disposed of by him as directed by the Engineer. ESTIMATED COST OF IMPROVEMENTS The total cost of improvements in said proposed Special Improvement District as estimated by the City Engineer is $2, 000,290. 00 of which it is anticipated the Redevelopment Agency of Salt Lake City (the "Agency" ) will pay approximately $980, 000 . 00 (the "City' s Portion" ) . The remainder of approximately $1, 020, 290. 00 shall be paid by a special tax to be levied against the property abutting upon the streets to be improved or upon property which may be affected or specifically benefited by such improvements. The actual commitment of the Agency to pay its portion of the costs of improvements is subject to the availability of funds and compliance with budget approval . No assessable costs will be BD1087 (PF) 8 incurred unless and until the Agency has completed the budgeting process as to its estimated portion of the costs of the proposed improvements and has determined the availability of funds . The estimated property owner ' s costs include construction and a portion of engineering expenses, possibly a portion of a debt service reserve, a ten percent ( 10%) allowance for the interest on interim warrants issued to finance construction of the improvements and an allowance of approximately fifteen percent ( 15%) for administrative costs, a possible underwriter' s discount on sale of bonds, a portion of engineering expenses, legal and other costs in connection with the issuance of bonds. In addition, for the first year of operation the applicable rates include the estimated operation and maintenance expenses for the street lights in the areas of the District where those improvements will be constructed. The estimated cost to be assessed against the properties within the District shall be as follows : BD1087 (PF) 9 I OVEMENTS AND ESTIMATED COSTS Abutters Estimated Rate Estimated Cost to No. Improvements Quantity Cost/Unit Abutters 1. New 4" sidewalk with brick pavers & misc. work, i.e. drainage work, pkg meters 30,000 SF $ 6.25 $187,500 2. Street Beautification including trees, planters, grates, benches, irrigation and power systems 2,300 LF $70.00 $161,000 3. 7-B curb and gutter with asphalt tie-in 1,200 LF $16.00 $ 19,200 4. Scarify and seal existing vault surface and install pavers and concrete 4,500 SF $ 5.00 $ 22,500 5. Install brick pavers on new cast in place concrete vault surface 4,500 SF $ 3.50 $ 15,750 6. Sidewalk drain 400 LF $12.50 $ 5,000 7 . South Temple Street, from State Street to 300 West, lighting including new poles, conduit and vaults 4,650 LF $67 .50 $313,875 8. 300 South Street, from West Temple to 200 West, lighting, new poles and misc. work 1,310 LF $61.50 $ 80,565 9. Operation and maintenance expenses for the first year of the street lighting improvements described in Rates 7 and 8 5,960 $ 5.00 $ 29,800 *Estimated Extra Cost for Ventilation Structures and Vault Reconstruction and/or Abandonment *$200,000 Total Estimated Abutters Portion of Improvements $1 ,035,190 Total Estimated City' s Portion of Improvements $ 965,100 TOTAL PROJECT COST: $2,000,290 * This improvement work shall be assessed in addition to the indicated improvement rates. The assessment shall be levied upon each parcel or lot benefitted by the work done on vaults or ventilation structures. BD1087 (PF) 10 The estimated cost to be paid by the Agency consists of one-half of the cost of sidewalks with pavers, street beautification, curb and gutter, street drainage, and street lighting. The proposed assessment will be equal and uniform based on benefits received. The adjustment for the City' s Portion has been taken into account in the Table above so that the Estimated Cost per unit represents the net estimated cost to be assessed to the property owner. ASSESSMENTS AND LEVY OF TAXES It is the intention of the City Council of Salt Lake City, Utah to levy assessments as provided by the laws of the State of Utah on all parcels and lots of real property within the District benefiting from the improvements. The purpose of the assessments and levy is to pay those costs of the subject improvements. The method of assessment shall be by lineal front foot, square foot and/or extra cost as set forth herein. Except for Rate #9 which must be paid at the time of assessment, assessments may be paid by property owners in ten ( 10) approximately equal annual installments. In order to fund the first semiannual interest payment on bonds of the District, the first payment date of an assessment installment may be less than one year from the date of adoption of the assessment ordinance. Thereafter, assessment installments BD1087 (PF) 11 will fall due on the anniversary date of the first installment payment. Interest will accrue on the unpaid balance at a rate or rates to be fixed by the City Treasurer. The whole, or any part of, the assessment may be paid without interest within fifteen (15) days after the ordinance levying the assessment becomes effective . Rate 9 assessments will be due and payable during this cash payment period. The assessments. shall be levied according to the benefits to be derived by each property owner within the District. Other payment provisions and enforcement remedies shall be in accordance with Chapter 16, Title 10, Utah Code Annotated 1953 , as amended. TIME FOR FILING PROTESTS Any person who is the owner of record of property to be assessed in the District described in this Notice of Intention shall have the right to file, in writing, a protest against the creation of Salt Lake City, Utah Special Improvement District No. 38-864, or to make any other objections relating thereto. Protests shall describe or otherwise identify the property record by the person or persons making the protest. Protests may be filed with the Chief Deputy City Recorder of Salt Lake City, Utah, on or before 5 : 00 p.m. on the 5th day of March, 1990. No protest will be considered for purposes of creating the District if it is received by the Chief Deputy Recorder later than this protest filing deadline. Thereafter, at 6 : 00 p.m. on the 6th day of March, 1990, the City Council BD1087 (PF) 12 will meet in public meeting at the City Council Chambers to consider all protests so filed and hear all objections relating to the proposed District. CALCULATION OF PROTEST RATE A protest rate shall be determined by aggregating the total of costs for proposed assessable square footage, lot assessments, and/or lineal footage of assessable property for all property owners filing written protests and dividing it by the total aggregated assessable costs of improvements for all property owners to be assessed within the proposed District. After the written protest rate has been determined, the City Council may, at its discretion, delete areas from the District. At the time of creation of the District, the written protests of property owners in any area not included in the District will not be used in determining the protest rates. The City Council will rescind its intention to create the District if the aggregated total of proposed estimated assessments against properties remaining in the District as to which assessments have been filed represent more than fifty percent (50%) of the aggregated total of assessments against all property remaining in the Modified District. BY ORDER OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH /s/ Kathryn Marshall City Recorder BD1087 (PF) 13 Section 5 . The City Engineer is hereby authorized to prepare a notice which calls for bids for the construction of improvements contemplated to be made in the Salt Lake City, Utah Special Improvement District No . 38-864, and the City Recorder is hereby authorized to publish the Notice to Contractors calling for bids at least one time in the Deseret News, a newspaper of general circulation in Salt Lake City, at least fifteen ( 15 ) days before the date specified in the notice for the receipt of bids. Councilmember seconded the motion to adopt the foregoing resolution. The motion and resolution were unanimously adopted on the following recorded vote: Those voting AYE: Those voting NAY: BD1087 (PF) 14 After the conduct of other business not pertinent to the above, the meeting was, on motion duly made and seconded, adjourned. Chair ATTEST: City Recorder ( S E A L ) BD1087 (PE) 15 PRESENTATION TO THE MAYOR The foregoing resolution was presented to the Mayor for his approval or disapproval on the day of January, 1990. Chair MAYOR'S APPROVAL OR DISAPPROVAL The foregoing resolution is hereby approved this day of January, 1990. Mayor BD1087 (PF) 16 STATE OF UTAH ss. COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify as follows : 1 . That the foregoing typewritten pages constitute a full, true and correct copy of the record of proceedings of the City Council at a regular meeting thereof held in said Municipality on January 9 , 1990 at the hour of 6:00 p.m. , insofar as said proceedings relate to the consideration and adoption of a resolution declaring the intention of the City Council to create Salt Lake City, Utah Special Improvement District No. 38-864 and make certain improvements therein described as the same appears of record in my office; that I personally attended said meeting, and that the proceedings were in fact held as in said minutes specified. 2 . That due, legal and timely notice of said meeting was served upon all members as required by law and the rules and ordinances of said Municipality. 3 . That the above resolution was deposited in my office on January , 1990, has been recorded by me, and is a part of the permanent records of Salt Lake City, Salt Lake County, Utah. BD1087 (PF) 17 IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of said Municipality • this day of January, 1990. City Recorder ( S E A L ) • BD1087 (PF) 18 STATE OF UTAH ) AFFIDAVIT OF MAILING : ss . NOTICE OF INTENTION COUNTY OF SALT LAKE ) I , Kathryn Marshall, the duly chosen, qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify that the attached Notice of Intention was approved and adopted in the proceedings of the City Council held on Tuesday, the 9th day of January, 1990. I further certify that on the day of 1990 ( a date not later than ten ( 10) days after the first publication of the Notice of Intention) I mailed a true copy of the Notice of Intention to create Salt Lake City, Utah Special Improvement District No. 38-864 by United States Mail, postage prepaid to each owner of land to be assessed within the proposed Special Improvement District at the last known address of such owner, using for such purpose the names and addresses appearing on the last completed real property assessment rolls of Salt Lake County, and in addition I mailed on the same date a copy of said Notice of Intention addressed to "Owner" addressed to the street number, post office box, rural route number, or other mailing address of each piece of improved property to be affected by the assessment. I further certify that a certified copy of said Notice of Intention, together with profiles of the improvements and BD1087 (PF) 19 a map of the proposed District, was on file in my office for inspection by any interested parties. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Salt Lake City, Salt Lake County, Utah this day of , 1990. City Recorder ( S E A L ) BD1087 (PF) 20 (Affidavit of proof of publication of the Notice of Intention to create Salt Lake City, Utah Special Improvement District No. 38-864. ) BD1087 (PF) 21 CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I , the undersigned City Recorder of Salt Lake City, Salt Lake County (the "City Recorder" ) , do hereby certify, according to the records of the City Council in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2 ) , Utah Code Annotated 1953 , as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the January 9, 1990 public meeting held by the City Council as follows: (a) By causing a Notice in the form attached hereto as Exhibit "A" , to be posted at the offices of the Salt Lake City Council on January , 1990, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; and (b) By causing a copy of such Notice, in the form attached hereto as Exhibit "A" , to be delivered to the Deseret News on January , 1990, at least twenty-four (24) hours prior to the convening of the meeting. BD1087 (PF) 22 IN WITNESS WHEREOF, I have hereunto subscribed my official signature this day of January, 1990. City Recorder ( S E A L ) ED10S7 (PF) 23 EXHIBIT "A" Notice BDJ_087 (PF) 24 LEROY W. HOOTON,JR. DIRECTOR r WENDELL E. EVENSEN,ENDENT P.E. ;A t A` Q �flll�ll �� '1 �= 1I© 1 SUPERINTENDENT w� '�11 vfl VJ� WATER SUPPLY A WATERWORKS E. TIM DOXEY DEPARTMENT OF PUBLIC UTILITIES SUPERINTENDENT Water Supply & Waterworks PALMER DEPAULIS WATER RECLAMADON Water Reclamation MAYOR JAMES M. LEWIS, C.P.A. CHIEF FINANCES 1530 SOUTH WEST TEMPLE ACCOUNTING OFFICER SALT LAKE CITY, UTAH 84115 GEORGE JORGENSEN, P.E. CHIEF ENGINEER November 20, 1989 TO: Salt Lake City Council RE: New City Ordinance Recommendation: That the Council approve the new ordinance and forward to Mayor for execution in behalf of the City. Availability of Funds: None required. DISCUSSION; The Public Utilities Department, in the past, has experienced developers installing service laterals at improper grades. Developers have not provided bonds for water and sewer facilities on their projects. The proposed ordinance, when implemented, will require streets to be rough graded before water and sewer pipelines are installed. The connection fees for each lot in new subdivisions will all have to be paid prior to the pipeline installation. This will allow better control and inspection. A $10.00 fee will also be imposed on each lot for water to be used for construction. Past experience allowed some builders to take water without paying. Submitted by: - () 1 0- --(,w1 i 1Oa LEROY VP, HOOTON, R. Director Department of Public ilities Cont. 1/srb Attachments File C-12 SALT LAKE CITY ORDINANCE No. of 1989 (Water and sewer main connections) AN ORDINANCE AMENDING SECTIONS 17 . 16 . 300, 17 . 16 . 120 , 17 .48 . 050 AND ENACTING NEW SECTION 17 . 16 .345 OF THE SALT LAKE CITY CODE, RELATING TO WATER AND SEWER MAIN CONNECTIONS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 17 . 16 .300 of the Salt Lake City Code, relating to installation procedures and expenses , be, and the same hereby is, amended as follows: 17.16.300 Installation procedures and expenses. All water main extensions shall be made at the expense of the person, persons or corporation petitioning for the extension, and shall be made without special taxes being levied to pay for the same. All water mains shall be extended, at minimum, to the far end of the lot being services . All roads shall be sub-graded prior to installation of the public utilities facilities . All service connection fees shall be paid for each lot to be served thereby prior to installation of the water main extension. A bonded plumbing contractor shall set all meter boxes, yokes and meters in the parking area of the street at the center of each lot, install all service laterals from ;• the main to the meter and tap the main. A fee for aid to _ ,.t. .'�. .. .,a�R7L.r! f`r..yv?gi< � v.:Y"P:� .r.,. :..�v�, .�_.w ........ construction may be imposed by the city for development of water facilities, as recommended by the public utilities advisory board and approved by the public utilities director. All water mains and water facilities installed shall be subject to the acceptance of the department of public utilities . SECTION 2 . That Section 17 . 16 . 120 of the Salt Lake City Code, relating to license, registration and bond required, be, and the same hereby is , amended as follows : 17.16.120 License, registration and bond required. Within the City's service area, no person shall make any connections to, or in any manner perform any work upon any of the mains, connections or appliances pertaining to the city waterworks until such person shall have secured a license, been registered, and filed, where applicable, a performance bond guaranteeing the installation of the water facilities within the city' s service area as required by ordinance and statute. SECTION 3 . That Section 17 . 48 . 050 of the Salt Lake City Code, relating to connection to POTW sewer - requirements , be, and the same hereby is, amended as follows : 17 .48 .050 Connection to POTW sewer - Requirements. No person shall make any connections to, or in any manner perform any work upon any of the mains, connections or appliances pertaining to the sewer facilities of Salt -2- (7) Lake City until such person shall have secured a license, been registered, and where applicable, filed a performance bond guaranteeing the installation of underground sewer facilities within the city service area. The applicant for the building sewer permit shall notify the POTW manager when the building sewer is ready for inspection and connection to the POTW sewer. The connection shall be made under the supervision of the POTW manager or his/her representative. The connection of the building sewer to the POTW sewer shall conform to the requirements of the building and plumbing codes, or other applicable laws, rules and regulations of federal, state and local entities . All such connections shall be made watertight. SECTION 4 . That Section 17 . 16 . 345 of the Salt Lake City Code, relating to lot hydrant - fee, be, and the same hereby is, enacted to read as follows : 17. 16.345 Lot Hydrant - Fee. When a culinary water service meter is not used for construction purposes , then during any lot or subdivision construction in the city' s service area, contractor shall install for each lot a hose bib (standpipe with automatic drain) meeting the requirements of the city' s Director of Public Utilities . A flat fee for water used during construction of $10 . 00 per residential lot shall be charged to and paid by the contractor. Commercial properties shall pay metered rates . 43 -3- SECTION 5 . This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on Mayor' s Action: Approved Vetoed MAYOR ATTEST: CITY RECORDER RLM:cc -4- lkA 0 : 2 SALT LAKE CITY ORDINANCE No. of 1989 (Water and sewer main connections ) AN ORDINANCE AMENDING SECTIONS 17 . 16 .300, 17 . 16 . 120, 17 .48 . 050 AND ENACTING NEW SECTION 17 . 16 . 345 OF THE SALT LAKE CITY CODE, RELATING TO WATER AND SEWER MAIN CONNECTIONS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 17 .16 . 300 of the Salt Lake City Code, relating to installation procedures and expenses, be, and the same hereby is, amended as follows : 17 .16.300 Installation procedures and expenses. All water main extensions shall be made at the expense of the person, persons or corporation petitioning for the extension, and shall be made without special taxes being levied to pay for the same. All water mains shall be extended, at minimum, to the far end of the lot being services . All roads shall be sub-graded prior to installation of the public utilities facilities . All service connection fees shall be paid for each lot to be . served thereby prior to installation of the water main extension. A bonded plumbing contractor shall set all meter boxes, yokes and meters in the parking area of the street at the center of each lot, install all service laterals from the main to the meter and tap the main. A fee for aid to construction may be imposed by the city for development of water facilities , as recommended by the public utilities advisory board and approved by the public utilities director. All water mains and water facilities installed shall be subject to the acceptance of the department of public utilities . SECTION 2 . That Section 17 . 16 . 120 of the Salt Lake City Code, relating to license, registration and bond required, be, and the same hereby is, amended as follows : 17. 16 . 120 License, registration and bond required. Within the City' s service area, no person shall make any connections to, or in any manner perform any work upon any of the mains , connections or appliances pertaining to the city waterworks until such person shall have secured a license, been registered, and filed, where applicable, a [bond] performance bond guaranteeing the installation of the water facilities within the city' s service area as required by ordinance and statute . SECTION 3 . That Section 17 . 48 . 050 of the Salt Lake City Code, relating to connection to POTW sewer - requirements , be, and the same hereby is, amended as follows : 17 . 48 .050 Connection to POTW sewer - Requirements . No person shall make any connections to, or in any manner perform any work upon any of the mains, connections or appliances pertaining to the sewer facilities of Salt -2- SECTION 5 . This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 1989 . • CHAIRPERSON • ATTEST: CITY RECORDER Transmitted•to theMayor ont ` • Mayor' s Action. • Approved Vetoed • • ATTEST: CITY RECORDER RLM:cc • • -4