10/10/2006 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 10, 2006
The City Council of Salt Lake City, Utah, met in Regular Session
on Tuesday, October 10, 2006 at 7 : 00 p.m. in Room 315, City Council
Chambers, City County Building, 451 South State .
The following Council Members were present:
Carlton Christensen Van Turner Jill Remington Love
Eric Jergensen Dave Buhler Nancy Saxton
Soren Simonsen
Cindy Gust-Jenson, Executive Council Director; Acting Mayor Rocky
Fluhart; Edwin Rutan, City Attorney; and Beverly Jones, Deputy City
Recorder, were present.
Councilmember Buhler presided at and Councilmember Saxton
conducted the meeting.
#1. 7:05:04 PM The Council led the Pledge of Allegiance .
#2 . 7:05:34 PM Councilmember Jergensen moved and Councilmember
Simonsen seconded to approve the minutes of the Salt Lake City Council
meeting held October 3, 2006, which motion carried, all members voted
aye . View Minutes
(M 06-3)
PUBLIC HEARINGS
7:05:52 PM #1 . RE: Accept public comment and consider adopting an
ordinance rezoning property generally located at 713 East Harrison
Avenue (1375 South) from Single-Family Residential (R-1/5000) to
Moderate Density Multi-Family Residential (RMF-35) and amending the
Central Community Master Plan Future Land Use Map pursuant to Petition
No. 400-05-24 . (Robert Strasters, Harrison Apartments, LLC) View
Attachment
The following people spoke concerning the rezoning: Judi Short
and Cindy Cromer.
Councilmember Love moved and Councilmember Simonsen seconded to
close the public hearing, which motion carried, all members voted aye.
Councilmember Love asked if setbacks applied. Kevin LoPiccolo,
Zoning Administrator, said setbacks did not apply to multi-family
district zoning. He said by changing the zoning, the development
pattern was lost . Robert Strasters, Harrison Apartments, said if he
pursued the planned development process he could ask to decrease the
setback from 20-feet to 15-feet. He said that would allow them to pull
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TUESDAY, OCTOBER 10, 2006
the front of the building in line with the rest of the homes . Janice
Jardine, Land Use Policy Analyst, said front yard setback in an RMF-35
zone was 20-feet.
Councilmember Simonsen asked if they could apply the 15-foot
setback to an RMF zone if it was an overlay zone . Ms . Jardine said it
was her understanding it was not an overlay zone . She said the Council
asked earlier this year that Planning address compatibility in multi-
family zones . She said Planning was working to address that issue .
Councilmember Simonsen said an overlay would be a minimum setback but
nothing prohibited the developer from going farther back. Mr.
LoPiccolo said staff would request the developer to maintain an average
setback.
Councilmember Jergensen said someone had made the comment not to
apply the zoning until a building permit was taken out. Ms . Jardine
said in the past the City had tied zoning to building permits being
issued. She said as she understood the comment, Ms . Short wanted the
development built before zoning took effect . She said the City could
not allow development to take place without zoning because it would
violate existing zoning standards .
Councilmember Christensen asked if a development agreement would
be created once the zoning was established. Mr. LoPiccolo said there
was some discussion during the Planning Commission meeting but the
Commission elected not to create a development agreement . He asked if
the Council wanted the development 5-feet closer to the street or if
they were looking at whether the project was compatible . Council
Members said it was all of that . Mr. LoPiccolo said the developer
would need to go through the planned development process . He said a
public hearing before the Planning Commission would need to be
scheduled.
Councilmember Saxton asked about front porches . Mr. Strasters
said front porch additions would not require moving the building closer
to the street. He said they still had adequate space because an
additional 7-feet in the rear would be utilized. He said that would
still comply with the 20-foot front yard setback.
The decision was deferred until after Item 2, the second public
hearing.
Councilmember Love moved and Councilmember Jergensen seconded to
adopt Ordinance 73 of 2006 .
Councilmember Love said she had explored the possibility of doing
a development agreement to address the issue of setbacks . She said the
only option to address that and other compatibility issues was to send
the developer back through the plan development process . She said she
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TUESDAY, OCTOBER 10, 2006
did not want to require the developer to go through that. She said she
agreed with the comments she had heard tonight. She said the petition
had been problematic from the outset. She said it was a great project
for the neighborhood.
Councilmember Saxton called for the question, which motion
carried, all members voted aye .
(0 06-30)
#2 . 7:27:24 PM RE: Accept public comment and consider adopting an
ordinance rezoning property generally located at 644 West North Temple
from Commercial Corridor (CC) and Special Development Pattern
Residential (SR-3) to Moderate/High Density Multi-Family Residential
(RMF-45) and amend the Capitol Hill Community Master Plan Future Land
Use Map pursuant to Petition No. 400-06-06 . View Attachments
The following person spoke concerning the rezoning: Jon Robinson.
Councilmember Turner moved and Councilmember Buhler seconded to
close the public hearing, which motion carried, all members voted aye
except Councilmember Love who was absent for the vote .
Councilmember Christensen asked if a development agreement had
been worked out. He asked what assurance the City had that what had
been portrayed to the community would be built . Everett Joyce, Senior
Planner, said a condition in the ordinance would not take effect until
a building permit had been submitted. He said the building permit
would reflect that the building was to be located on the freeway side.
Councilmember Christensen said if a building was not built then the
zoning would stay in affect . Mr. Joyce said without a building permit
being issued the zone would not change. Councilmember Christensen
asked what would happen if a building was never built. Mr. Joyce said
it would be an inactive permit. He said they would have to protect
that option and rezone the property.
Councilmember Jergensen moved and Councilmember Turner seconded to
adopt Ordinance 72 of 2006.
Councilmember Simonsen said he had some concerns and wanted to
make a substitute motion.
Councilmember Simonsen moved that the rezone be deferred to study
some of the recent publications on health risks of major residential
densities located along transportation corridors especially in light of
the conversation earlier this evening about health risks related to
tobacco smoke and second hand smoke because this was a major concern to
him given the second hand emission considerations for people that would
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TUESDAY, OCTOBER 10 , 2006
be living in the area in close proximity to Interstate 15 . The motion
failed due to lack of a second.
Councilmember Saxton called for the question, which motion
carried, all members voted aye except Councilmember Simonsen who voted
nay.
(0 06-31)
7:40:07 PM COMMENTS TO THE CITY COUNCIL
The following people spoke in opposition to the Sugar House
Legislative Action Item by Councilmember Simonsen: Russ Callister;
Barbara Green; Craig Mecham; Bob Evans; Jim Johnson and David Johnson.
The following person spoke in support of the Sugar House
Legislative Action Item by Councilmember Simonsen: Kirk Huffaker.
UNFINISHED BUSINESS
#1 . 7:56:13PM RE: Adopting a resolution authorizing Salt Lake City
Corporation to accept the Utah Clean Cities Grant. View Attachments
Councilmember Jergensen moved and Councilmember Simonsen seconded
to adopt Resolution 70 of 2006, which motion carried, all members voted
aye .
(R 06-23)
#2 . 7:56:46PM RE: Adopting a resolution declaring the intention of
the Salt Lake City Council to create Salt Lake City Central Business
Improvement District No. DA-CBID-06 to continue to promote business
activity and economic development in an area of central downtown Salt
Lake City by assessing benefited properties within the District for the
costs of such economic promotion activities for a period of three
years; to negotiate a contract with the Downtown Alliance to manage the
District; and to fix a time and place for protests against the District
and its assessment, and related matters .
Councilmember Christensen moved and Councilmember Buhler seconded
to adopt Resolution 71 of 2006.
Councilmember Saxton said there had been no requests by property
owners on the block wanting to be included in the reconsideration.
Councilmember Saxton called for the question, which motion
carried, all members voted aye .
(Q 06-10)
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, OCTOBER 10 , 2006
7:59:06 PM CONSENT AGENDA
Councilmember Simonsen moved and Councilmember Christensen
seconded to approve the Consent Agenda, which motion carried, all
members voted aye .
#1 . RE : Approving the appointment of Gary M. Jones to the Board of
Adjustment for a term extending through December 31, 2010 .
(I 06-16)
#2 . RE : Approving the appointment of Michael P. Terry to the Civil
Service Commission for a term extending through June 30, 2012 .
(I 06-17)
The meeting adjourned at 7 : 59 p .m.
This document along with the digital recording constitute the
official minutes of the City Council Regular Session meeting held
October 10, 2006 .
bj
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