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12/13/2022 - Work Session - Meeting MaterialsSALT LAKE CITY COUNCIL AGENDA WORK SESSION   December 13, 2022 Tuesday 2:30 PM Council meetings are held in a hybrid meeting format. Hybrid meetings allow people to join online or in person at the City & County Building. Learn more at www.slc.gov/council/agendas. Council Work Room 451 South State Street Room 326 Salt Lake City, UT 84111 SLCCouncil.com 2:30 PM Work Session Or immediately following the 2:00 PM Redevelopment Agency Meeting 7:00 pm Formal Meeting Room 326 (See separate agenda) Welcome and public meeting rules In accordance with State Statute and City Ordinance, the meeting may be held electronically. After 5:00 p.m., please enter the City & County Building through the main east entrance. The Work Session is a discussion among Council Members and select presenters. The public is welcome to listen. Items scheduled on the Work Session or Formal Meeting may be moved and / or discussed during a different portion of the Meeting based on circumstance or availability of speakers. Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet determined. Item start times and durations are approximate and are subject to change at the Chair’s discretion. Generated: 09:54:47 Work Session Items   1.Informational: Updates from the Administration ~ 3:00 p.m.  30 min. The Council will receive information from the Administration on major items or projects in progress. Topics may relate to major events or emergencies (if needed), services and resources related to people experiencing homelessness, active public engagement efforts, and projects or staffing updates from City Departments, or other items as appropriate. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Recurring Briefing Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - n/a   2.Ordinance: Rezone and Master Plan Amendment at 675 N F Street – Capitol Park Cottages – Petitioner: Ivory Development Follow-up ~ 3:30 p.m.  15 min. The Council will receive a follow-up briefing about a proposal that would amend the zoning of property at 675 North F Street from FR-3/12,000 (Foothills Residential District) to SR-1 (Special Development Pattern Residential District). The ordinance would also amend the Avenues Community Master Plan Future Land Use Map from Very Low Density to Low Density so that the master plan will correspond with their requested low-density zone. The requests are intended to accommodate two pending Planned Development and Subdivision requests from Ivory Development for a 19-lot single-family dwelling development titled "Capitol Park Cottages." Consideration may be given to rezoning the property to another zoning district with similar characteristics. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, October 18, 2022 and Tuesday, December 13, 2022 Set Public Hearing Date - Tuesday, October 18, 2022 Hold hearing to accept public comment - Thursday, November 10, 2022 at 7 p.m. TENTATIVE Council Action - Tuesday, December 13, 2022   3.Informational: Thriving in Place Update ~ 3:45 p.m.  60 min. The Council will receive a briefing from the Community and Neighborhoods Department (CAN) about progress on the City’s anti-gentrification and anti-displacement plan, known as Thriving in Place. This will include discussion of proposed policies and programs that are considered feasible and effective, with particular focus on those which can be implemented within two years. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 13, 2022 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - n/a   4.Informational: Discussion of Options for Council's Routine Oversight Audits ~ 4:45 p.m.  30 min. The Council will discuss options for potential oversight audits in the coming year. Legislative oversight is a key component of the Council's role in this form of government, and the Council has ongoing budget and firms on contract to help perform this function as topics arise. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 13, 2022 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - n/a   5.Informational: Naming the Salt Lake City Justice Court Building the “John L. Baxter Justice Court” Written Briefing  - The Council will receive a written briefing about the naming of the Salt Lake City Justice Court Building the “John L. Baxter Justice Court.” Judge Baxter served Salt Lake City for more than 20 years as a Justice Court Judge. He was dedicated to serving some of the most traditionally underserved people in the City, making sure that they were not just processed through the justice system, but that they received the support they needed to be successful in society. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 13, 2022 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 13, 2022   6.Board Appointment: Arts Council – Kate Jarman Gates ~ 5:15 p.m.  5 min The Council will interview Kate Jarman Gates prior to considering appointment to the Arts Council for a term ending December 13, 2025. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 13, 2022 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 13, 2022   7.Board Appointment: Bicycle Advisory Committee – Ben Trueman ~ 5:20 p.m.  5 min The Council will interview Ben Trueman prior to considering appointment to the Bicycle Advisory Committee for a term ending December 13, 2025. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 13, 2022 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 13, 2022   8.Board Appointment: Bicycle Advisory Committee – Laura Lewis ~ 5:25 p.m.  5 min The Council will interview Laura Lewis prior to considering appointment to the Bicycle Advisory Committee for a term ending December 13, 2025. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 13, 2022 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 13, 2022   9.Board Appointment: Bicycle Advisory Committee – Maxwell McLeod ~ 5:30 p.m.  5 min The Council will interview Maxwell McLeod prior to considering appointment to the Bicycle Advisory Committee for a term ending December 13, 2025. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 13, 2022 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 13, 2022   10.Board Appointment: Historic Landmark Commission – Emoli Kearns TENTATIVE  5 min The Council will interview Emoli Kearns prior to considering appointment to the Historic Landmark Commission for a term ending December 13, 2026. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, December 13, 2022 Set Public Hearing Date - n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - Tuesday, December 13, 2022   Standing Items   11.Report of the Chair and Vice Chair   Report of Chair and Vice Chair.    12.Report and Announcements from the Executive Director -  - Report of the Executive Director, including a review of Council information items and announcements. The Council may give feedback or staff direction on any item related to City Council business, including but not limited to; •Final 2023 Annual Meeting Calendar; and •Scheduling Items.    13.Closed Session -  - The Council will consider a motion to enter into Closed Session. A closed meeting described under Section 52-4-205 may be held for specific purposes including, but not limited to: a. discussion of the character, professional competence, or physical or mental health of an individual; b. strategy sessions to discuss collective bargaining; c. strategy sessions to discuss pending or reasonably imminent litigation; d. strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, if public discussion of the transaction would: (i) disclose the appraisal or estimated value of the property under consideration; or (ii) prevent the public body from completing the transaction on the best possible terms; e. strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated value of the property under consideration; or (B) prevent the public body from completing the transaction on the best possible terms; (ii) the public body previously gave public notice that the property would be offered for sale; and (iii) the terms of the sale are publicly disclosed before the public body approves the sale; f. discussion regarding deployment of security personnel, devices, or systems; and g. investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act.    CERTIFICATE OF POSTING On or before 5:00 p.m. on Thursday, Decembe 8, 2022, the undersigned, duly appointed City Recorder, does hereby certify that the above notice and agenda was (1) posted on the Utah Public Notice Website created under Utah Code Section 63F-1-701, and (2) a copy of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any others who have indicated interest. CINDY LOU TRISHMAN SALT LAKE CITY RECORDER Final action may be taken in relation to any topic listed on the agenda, including but not limited to adoption, rejection, amendment, addition of conditions and variations of options discussed. The City & County Building is an accessible facility. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711. Administrative updates December 13, 2022 COVID-19 update Cases in Utah are down 3% in the last two weeks. (NYT Coronavirus in the US: Latest Map and Case Count 10/4/2022)current status summary Cases in the US are up 56% in the last two weeks. (NYT Coronavirus in the US: Latest Map and Case Count 12/6/2022) Sources: NYT Tracking Coronavirus in Utah , NYT Coronavirus in the US, CDC COVID-19 Integrated County View COVID-19 Update Source: Salt Lake County Health Department Source: Utah Department of Environmental Quality Flu/RSV U pdate •There were 3.72 flu hospitalizations per 100,000 Utahns last week —more than five times the rate in early December of any of the last five years. •Emergency visits at Intermountain Primary Children's Hospital "are setting records for the last decade at least." •Kids' hospital visits for bronchiolitis —the set of breathing problems linked to RSV and other respiratory illnesses —are "at or above our historic peaks." www.slc.gov/feedback/ Regularly updated with highlighted ways to engage with the City. Community Engagement Highlights Planning slc.gov/planning •Digital Sign Regulations 45 Day Engagement ends December 30th •Planning Commission 12/14 Shelter zoning Northpoint Small Area Plan Landscaping Changes •Accessory Dwelling Unit Modifications •Affordable Housing Incentives Focus Group has wrapped up Community & Neighborhoods slc.gov/canTransportation •Virginia Street Reconstruction Now live! virginiastreet@slcgov.com December 31st deadline •West Temple Reconstruction Now Live! westtemple@slcgov.com January 6th deadline slc.gov/transportation Public Utilities •City Creek Water Treatment Plant Upgrade (city-wide) Trail closed weekdays now through the New Year slc.gov/utilities Mayor's Office slc.gov/mayor ACE FUND DEADLINE: TONIGHT, at MIDNIGHT Upcoming Events Event Date Start Winter Farmer’s Market Weekly starting 11/12/22 –4/15/23 Park Rangers Jingle and Mingle 12/23/22 Last Hurrah –Gateway 12/31/22 Homelessness Update: Single Adult HRC Occupancy 11/28-12/2 12/5-12/9 Homeless Resource Centers 95.5%94.1% HRC Overflow "Flex" Beds *74.9%83.3% Millcreek Overflow 72.6%65.6% St. Vincent de Paul Overflow 86.5%81.5% Total Beds Available/night:975 1005 *All HRC Overflow Flex Beds are open 24/7 as of Monday Winter Clothing Drive HEART, Mayors Office, Airport sponsoring Thursday 3-6pm @ City Hall East driveway Rapid Intervention VOA Outreach is working with 8 locations SLC/ SLCo Health Dept Encampment Impact Mitigation •None scheduled this week •Some occupied Vehicle engagement along 900 West corridor Homelessness Update Item C3 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet Policy Analyst DATE:December 13, 2022 – 6:00PM RE:Master Plan and Text Amendment: Capitol Park Cottages - 675 N F Street PLNPC2020-00335/00334 MOTION 1 – adopt with no conditions I move the council adopt the zoning ordinances. MOTION 2 – reject I move the council reject the zoning ordinances. MOTION 3 – adopt with development agreement conditions I move that the Council adopt the ordinance amending the zoning of the property at 675 N. F Street from FR-3-12,000 to SR-1 and amend the Avenues Community Master Plan future land use map, subject to applicant entering into a development agreement with the City which includes the following conditions: 1. Accessory buildings shall not be allowed in rear yards located along the west-most property line of the subject property. 2. Where the west-most property line is a rear or side property line, the second levels of any homes located along that rear or side property line shall be setback at least 30' from the corresponding rear or side property line. 3. Specify that the ADUs may not be used as short-term rentals, using CCRs or another method deemed efficient and appropriate. 4. The open space area shown on draft drawings will generally be accessible to the community at large, with rules/management to be established by the HOA or other entity based upon the applicant’s preference. 5. Confirming that the City building approval and permitting process will be followed to build retaining walls on the property. MOTION 4 – adopt with restrictions on retaining walls I move that the Council adopt the ordinance amending the zoning of the property at 675 N. F Street from FR-3-12,000 to SR-1 and amend the Avenues Community Master Plan future land use map, subject to the following conditions: 1. The ordinance rezoning the property at 675 N. F Street will be published and become effective only after the property owner records a restrictive covenant against the entire property which will require that all walls built on the property are subject to the table in 21A.36.020B. 1. For any terrace of retaining walls, each four-foot vertical retaining wall must be separated by a minimum of three horizontal feet. 2. The restrictive covenant will be approved by the City prior to recording and will be enforceable by Salt Lake City Corporation. COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: December 13, 2022 RE:Master Plan and Text Amendment: Capitol Park Cottages - 675 North F Street PLNPC2020-00335/00334 PROJECT TIMELINE: Briefing: Oct 18 & Dec 13, 2022 Set Date: Oct 18, 2022 Public Hearing: Nov 10, 2022 Potential Action: December 13 Public Hearing Summary and New Information During the public hearing the Council heard comments both in support and opposition to the proposed rezone. Most of the comments were opposed to the proposed zoning amendments. Comments generally related to concerns about density, traffic, impacts to neighborhood character, parking, questions about the safety of proposed retaining walls, especially for the existing development to the north of the property and loss of open space and wildlife habitat. The applicant and a few other individuals spoke in favor of the changes, citing the need for more housing in the city. The Council closed the public hearing and deferred action to a future Council meeting. Following the public hearing Council Member Wharton asked for a motion to be drafted requiring future development on the property adhere to the zoning ordinance pertaining to walls (City Code 21A.36.020B). This would effectively require any retaining walls to follow the design standards identified in the draft motion below. Page | 2 Staff worked with the Attorney’s Office and Planning staff on the following motion. This is option #4 on the motion sheet the Council will use when considering action on the zoning amendments. I move that the Council adopt the ordinance amending the zoning of the property at 675 N. F Street from FR-3-12,000 (Foothills Residential District) to SR-1 (Special Development Pattern Residential District) subject to the following condition: 1. The ordinance rezoning the property at 675 N. F Street will be published and become effective only after the property owner records a restrictive covenant against the entire property which will require that all walls built on the property are subject to the table in 21A.36.020B. 1. For any terrace of retaining walls, each four-foot vertical retaining wall must be separated by a minimum of three horizontal feet. 2. The restrictive covenant will be approved by the City prior to recording and will be enforceable by Salt Lake City Corporation. The applicant confirmed they support including the following conditions as part of the final ordinance. The first two were recommended by the Planning Commission, the others are requests of the Council. This is option #3 on the motion sheet. 1. Accessory buildings shall not be allowed in rear yards located along the west-most property line of the subject property. 2. Where the west-most property line is a rear or side property line, the second levels of any homes located along that rear or side property line shall be setback at least 30' from the corresponding rear or side property line. 3. Specify that the ADUs may not be used as Short-Term Rentals. (Using CCRs or another method that you determine to be efficient and appropriate) 4. The open space area shown on draft drawings will generally be accessible to the community at large, with rules/management to be established by the HOA (or other entity based upon the applicant’s preference. 5. Confirming that the City building approval and permitting process will be followed to build retaining walls on the property. The following information was provided for the November 10 Public Hearing. It is provided again for background purposes. Work Session Briefing The Council talked about the impact of increasing the density of the property on the surrounding neighborhoods. Many of the questions included the following: •How will the ADUs be incorporated into the project, will any be rented at an affordable rate •Will the open space shown on the draft plans be open to the public •Loss of existing open space and mature trees •The lack of public transit in the area •Density is needed in all parts of the city to help address the lack of housing supply •How this proposed rezone fits in with the current development patterns, some expressed concerns it does not fit in well Page | 3 •Could the current zoning be sufficient to build more density that is also more compatible with existing development. •How will the city ensure the retaining walls in the proposed development, especially the walls on the north side, be built so they will not collapse Some Council members expressed interest in working with the developer on a potential development agreement that could address some of the question raised above. The applicant addressed the council, providing an overview of their plans. They detailed how they think including the ADUs will be a benefit and that the proposal can fit in with the current development in the area. The public hearing is scheduled for November 10, 2022 The following information was provided for the October 18 work session briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed on a proposal to amend the Avenues Community Master Plan and rezone the property located at approximately 675 North F Street. The request includes the following applications: 1. Master Plan Amendment: The applicant is requesting to amend the master plan designation for the property in the Avenues Community Master Plan from "Very Low Density" to "Low Density." 2. Zoning Map Amendment: Rezone the property from the FR-3/12,000 "Foothills Residential District" to the SR-1 "Special Development Pattern" zoning district. If the rezone request is approved, the property owner indicated their plans are to construct 19 single- family homes. At least 14 of the homes would include an Accessory Dwelling Unit (ADU). To complete this plan, the applicant will also seek approval from the Planning Commission for a planned Development and preliminary subdivision plat. According to the transmittal letter, these plans are still pending consideration by the Planning Commission and require some revisions before they can be considered. Planning staff recommended and the Planning Commission forwarded a favorable recommendation. Planning Commission Recommended Conditions As stated in the transmittal letter, Planning staff and the Planning Commission both recommended two conditions of approval intended to ensure compatibility of any development on the subject property with the 35' rear yards of the adjacent west properties. These conditions are: 1. Accessory buildings shall not be allowed in rear yards located along the west-most property line of the subject property. Page | 4 2. Where the west-most property line is a rear or side property line, the second levels of any homes located along that rear or side property line shall be setback at least 30' from the corresponding rear or side property line. For context, the FR-3 has a 35' rear yard requirement and does not allow buildings in the rear yard, whereas the SR-1 zone has a percentage rear yard requirement, which can go as low as 15', and allows accessory buildings in rear yards. Policy Questions •The Council may wish to ask if the applicant is supportive of the conditions recommended by the Planning Commission and Planning Staff. •Affordability of units/ADUs o The Council may wish to ask the applicant if there are plans to require any of the ADU units be rented at a more affordable rate and at what percentage of AMI. •Concerns about the proposed development have been raised about fire code compliance, access for fire apparatuses, etc. Additionally, concerns have been raised about the potential impact wildfires in the foothills may have on this development and whether those are factored into the permit process. Typically, any development will be required to abide by fire codes which includes minimum requirements for fire vehicle access. o The Council may wish to ask the Administration to provide an overview of the permitting process and how it may address these concerns. •Concerns have been raised about the steepness of lot and the proposed retaining walls and, how will the city ensure they will be built so they will not fail. o The Council may wish to ask the administration to provide an overview of the permitting process and how it may address these concerns. •The draft plans identify some open space will be included on the south side of the property o The Council may wish to ask what the plans are for that open space. Is it meant to be public or private? •The application has been in process for about two years and has some changes from the original proposal. o The Council may wish to ask the applicant how the current proposal has changed from the start and how they have responded to issues raised by the community and City staff. Vicinity Map Attachment A, Planning Commission Staff Report Page | 5 Public Process A narrative of the public process is outlined on pages 2-3 of the Transmittal Letter. The table below provides the key dates of the petition’s process. Page | 6 PROJECT CHRONOLOGY (Page 11 transmittal letter) Council Public Engagement A project website for the public to follow this issue has been posted on the Council website. It will be updated as new information becomes available. Key Considerations The planning commission staff report noted six key considerations outlined on pages 9-23. Below is a short summary of those considerations. Please see the Planning staff report for full analysis. Page | 7 1. Consideration 1: Proposed Zone Potential Effects on Adjacent Properties •Zoning amendment considerations include how an amendment will affect adjacent properties •FR-3/SR-1 zones primarily differ in density (min. lot area), lot width, and rear setbacks • Rear setbacks and rear accessory structure allowances differ •SR-1 zone may allow development closer to the FR-3 property, staff recommends condition imposing 30' rear upper-level setback and rear accessory building prohibition •Density brings additional traffic, traffic study shows limited impact 2. Consideration 2: Zoning and Density Context •SR-1A zone (sister to SR-1) mapped over most of the “lower” Avenues (below 13th Ave), with identical regulations, excepting height (25' v 28') and accessory structure size •Nearby SR-1A properties are generally not developed to their maximum allowed density •Property is proposed for development (in concept) and would likely develop with the rezone at a higher density than existing surrounding properties •The proposed density is found in the Avenues and in many places compatibly co-exists with lower density properties 3. Consideration 3: Avenues Master Plan and Citywide Housing Policies •Avenues Master Plan (1987) calls for “very low density” on the Future Land Use map and supports larger lot sizes in “foothill” areas •Avenues Master Plan text calls for “low density” development on the property •Growing SLC (2018), the City’s current housing plan, includes citywide policies to increase housing options and types of housing throughout the City •Support in-fill development and modifying zoning regulations when appropriate and where it can be compatible in scale •Citywide policies support amendment to Avenues Master Plan and zoning given broader City goals, changed conditions, the low level of density proposed, and its compatibility potential 4. Consideration 4: Gentrification and Displacement •The City is working on plans and policies to address gentrification and displacement concerns •Rezones are often requested for properties that consist of existing lower-income affordable housing and so the zoning change is associated with the potential to displace people with lower incomes • This property is unique in being a sizeable vacant property that can accommodate infill development without displacing any existing residents 5. Consideration 5: Proposed Development Plans •19 total single-family home lots •14 homes on the proposed private street will include ADUs •Homes will include 3 covered parking stalls. 1 for ADU, 2 for single family dwelling Page | 8 •Min. 20' depth driveways •Avg. lot size 6,800 sq ft •5 homes on F Street will be “custom homes” – no specific plans. May include ADUs. • private park lot (17,432 sq ft/0.4 acre) •Average Lot Size (Overall): 7,355 sq ft •Density: 5.9 units per acre (Single-family units only)/10.3 units per acre (single-family + ADUs) 6. Consideration 6: Public Comments and Concerns •This section focused on the concerns raised by the community, including ADUs and Short Term Rentals, traffic impacts and accidents, affordable housing, air pollution, adequacy of public utilities, Fire codes pertaining to access and street width, property values, nesting bird habitat, tree protection and school enrollment/Family supportive housing. •Planning staff provides a response to each of these concerns in the staff memo, Pages 19-24. Intermountain GeoEnvironmental Services, Inc. 12429 South 300 East, Suite 100, Draper, Utah 84020 ~ T: (801) 748-4044 ~ F: (801) 748-4045 Copyright 2022 IGES, Inc. 02058-205 L1.docx December 8, 2022 Ivory Development 978 Woodoak Lane Salt Lake City, Utah 84117 Attn: Peter Gamvroulas IGES Project No: 02058-205 Subject: Memo Regarding Retaining Walls Capitol Park Subdivision Salt Lake City, Utah Reference: IGES, 2020, Geotechnical Investigation, Capitol Park Subdivision, Capitol Park Ave. and F Street, Salt Lake City, Utah, Project No. 02058-118, dated March 3, 2020. Mr. Gamvroulas: IGES has been asked to provide a memo regarding the process of retaining wall design. The process of completing a retaining wall design starts with site reconnaissance, this includes a geotechnical investigation, survey of the site, and grading and drainage plan development. The site reconnaissance will provide us with the soil parameters, location and loading conditions for the retaining walls. With this information we size either the block or geogrid as needed to provide the minimum required factors of safety based on the current industry standard of care. Once the retaining wall design is complete our plans are provided to the contractor that builds the retaining wall. During construction we will provide site visits to verify that the contractor is building the retaining wall in accordance with our design package. After construction has been completed, we use our documentation from the site visits to compile a letter stating that the retaining wall was built per our design package. Closure All recommendations in the original geotechnical report should be followed. We appreciate the opportunity to provide you with our services. If you have any questions, please contact the undersigned at your convenience (801) 748-4044. Respectfully Submitted, IGES, Inc. Justin W. Whitmer, P.E. Project Engineer ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: August 15, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: PLNPC2020-00335/00334 Capitol Park Cottages Zoning Map and Master Plan Amendment STAFF CONTACT: Daniel Echeverria, Senior Planner, Planning Division, daniel.echeverria@slcgov.com or 801-535-7165 DOCUMENT TYPE: Ordinance RECOMMENDATION: Adopt the proposed ordinance with conditions as recommended by the Planning Commission. BUDGET IMPACT: None. BACKGROUND/DISCUSSION: The property owner, Ivory Development, represented by Peter Gamvroulas, is requesting to amend the zoning of the property located at 675 N F Street from the FR-3/12,000 "Foothills Residential District" to the SR-1 "Special Development Pattern" zoning district. The owner is also requesting to amend the corresponding “Future Land Use Map” designation for the property in the Avenues Community Master Plan (1987) from “Very Low Density” to “Low Density” so that the master plan will correspond with their requested low-density zone. The applicant is requesting the amendments in order to accommodate additional homes on the site. Under the current zone, the maximum number of homes allowed is 11 homes. The subject property at 675 N F Street is outlined in yellow on the above map. 8/15/2022 8/15/2022 Under the proposed zone the maximum number of homes allowed would be 27. Under each scenario the homes could include ADUs. Realistically, through the normal City subdivision process and without additional special approvals, such as a Planned Development, the site can likely only accommodate around 9 homes under the current zone and 18 homes under the proposed zoning. The development potential of the site under the current and proposed zoning is further discussed on page 4 of the Staff Report. The applicant has formally submitted Planned Development and Preliminary Subdivision plat plans to the City for consideration. Those plans propose 19 lots and include requests for modifications to dimensional regulations to accommodate the number of lots. At least 14 of the homes would include an ADU. Those plans are located in Attachment C and C.2 of the Staff Report linked below. These plans are still pending consideration by the Planning Commission and require some revisions before they can be considered by the Commission. The key differences between the existing and proposed zones are the lot size requirements for single-family homes, which are 12,000 square feet per lot with the current FR-3/12,000 zone and 5,000 square feet per lot for the proposed SR-1 zone. The zones otherwise have similar regulations for setbacks and building coverage. Each zone allows development up to 28' in height. A comparison of the zones is included on page 6 of the Staff Report. The Commission considered a number of factors in their positive recommendation for the rezone and those are detailed in the Staff Report linked below. These include the minimal impact the additional homes would have on the neighborhood, surrounding similar zoning, lack of displacement, current housing market conditions, and adopted City policies supporting additional housing where it can be compatible with neighborhoods in both the Plan Salt Lake and Growing SLC plans. PUBLIC PROCESS: The applicant submitted the amendment requests in May 2020. The Planning Division started an early notification public process at that time, sending notices to the local community council and nearby property owners and residents. The proposal went through multiple iterations with multiple rounds of public notice and public input since that time. The applicant also met with the Greater Avenues Community Council multiple times. The Greater Avenues Community Council provided multiple letters in opposition to the proposal. A new recognized organization, the Preserve Our Avenues Zoning Coalition (POAZC), which was organized in response to the zoning proposal, also submitted formal input in opposition to the proposal. Virtually all the public input received was opposed to the request, with over 600 letters provided in opposition and less than 20 letters provided in support. Many of these letters were provided by the same individuals over the course of multiple versions of the proposal. A petition opposed to the first iteration of the zoning amendment was circulated by the POAZC in 2020 which received over 2,000 signatures from across the Avenues. A detailed overview of the two-year public process is in the Staff Report under “Community Input and Public Process” on page 8 of the Staff Report. Responses to recurring concerns received about the proposal are located in Consideration 6 on page 19 of the Staff Report. A slide highlighting only immediately adjacent property owner concerns is located on slide 19 of Exhibit 3a. Planning Commission Hearing and Recommendation The Planning Commission held a public hearing for the proposal on June 22, 2022. Notice of the public hearing was sent via e-mail to the Planning listserv and to 406 e-mail addresses, including all persons and organizations who had contacted City Staff about the proposal over the course of the public process. Notices were also mailed to property owners and residents within 300 feet of the proposal. At the public hearing, 51 people provided comments, including two persons representing the GACC and POAZ. Four people spoke in favor with the remainder speaking in opposition. Speakers and comments are summarized in the minutes linked below. Generally, commenters expressed concerns related to impacts of the proposed density, such as compatibility with the neighborhood, traffic, and parking. Comments were also provided related to concerns with the associated development plans. Following the hearing, the Planning Commission discussed the public input, adverse impacts, ownership, use of potential accessory dwelling units, neighborhood context and compatibility, the level of density change, traffic, site conditions, the proposed development plans, the need for additional housing, current housing conditions, and changes to City plan policies. A more detailed summary of the discussion is located in the minutes. Following discussion, the Commission voted to recommend approval of the amendments with conditions, with eight commissioners voting for the amendments and two against. Recommended Conditions The Commission included two recommended conditions of approval. These conditions are: 1. Accessory buildings shall not be allowed in rear yards located along the west-most property line of the subject property. 2. Where the west-most property line is a rear or side property line, the second levels of any homes located along that rear or side property line shall be setback at least 30' from the corresponding rear or side property line. The conditions are intended to ensure compatibility of any development on the subject property with the 35' rear yards of the adjacent west properties and were recommended by Planning Staff. For context, the FR-3 has a 35' rear yard requirement and does not allow buildings in the rear yard, whereas the SR-1 zone has a percentage rear yard requirement, which can go as low as 15', and allows accessory buildings in rear yards. Planning Commission (PC) Records for June 22, 2022 Meeting a) Agenda (Click to Access) b) Minutes (Click to Access) c) Staff Report, see below for additional attachments (Click to Access) a. Attachment B: Applicant Materials/Narrative b. Attachment C.2: Full Size Landscape Concept Plan c. Attachment K.1 & K.2: Public Comments Part 1 d. Attachment K.3 & K.4: Public Comments Part 2 e. Attachment K.5: Public Comments Part 3 EXHIBITS: 1) Ordinance 2) Chronology 3) Planning Commission Public Hearing Additional Materials a) Planning Staff Presentation Slides b) Applicant Presentation Slides c) Additional Public Comments Received After Report Publication d) Postmarked Public Notice 4) Notice of City Council Hearing 5) Original Petition 6) Mailing List 1. ORDINANCE SALT LAKE CITY ORDINANCE No. _____ of 2022 (Amending the zoning of property located at 675 North F Street from FR-3/12,000 Foothills Residential District to SR-1 Special Development Pattern Residential District, and amending the Avenues Community Master Plan Future Land Use Map) An ordinance amending the zoning map pertaining to property located at 675 North F Street from FR-3/12,000 Foothills Residential District to SR-1 Special Development Pattern Residential District pursuant to Petition No. PLNPCM2020-00335 and amending the Avenues Community Master Plan Future Land Use Map pursuant to Petition No. PLNPCM2020-00334. WHEREAS, the Salt Lake City Planning Commission held a public hearing on June 22, 2022 on an application submitted by Peter Gamvroulas (“Applicant”) to rezone property located at 675 North F Street (Tax ID No. 09-30-455-021-0000) (the “Property”) from FR-3/12,000 Foothills Residential District to SR-1 Special Development Pattern Residential District pursuant to Petition No. PLNPCM2020-00335, and to amend the Avenues Community Master Plan Future Land Use Map with respect to the Property from Very Low Density to Low Density pursuant to Petition No. PLNPCM2020-00334; and WHEREAS, at its June 22, 2022 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on said applications, subject to conditions to prohibit accessory buildings in rear yards along the west most property line and require a minimum 30' setback for second levels of homes along the west most property line; and WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Property identified on Exhibit “A” attached hereto shall be and hereby is rezoned from FR-3/12,000 Foothills Residential District to SR-1 Special Development Pattern Residential District, subject to the condition identified in Section 3 herein. SECTION 2. Amending the Avenues Community Master Plan. The Future Land Use Map of the Avenues Community Master Plan shall be and hereby is amended to change the future land use designation of the Property identified in Exhibit “A” from Very Low Density to Low Density, subject to the conditions identified in Section 3 herein. SECTION 3. Condition. The zoning map amendment and master plan amendment that are the subject of Petition Nos. PLNPCM2020-00335 and PLNPCM2020-00334 described herein are conditioned upon Applicant restricting the use of the property by means of an appropriate instrument recorded against the property in favor of Salt Lake City Corporation that does the following: 1. Accessory buildings shall not be allowed in rear yards located along the west-most property line of the subject property. 2. Where the west-most property line is a rear or side property line, the second levels of any homes located along that rear or side property line shall be setback at least 30' from the corresponding rear or side property line. SECTION 4. Effective Date. This Ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The city recorder is instructed not to publish or record this ordinance until the condition identified above has been met as acknowledged by the director of the Salt Lake City Planning Division. SECTION 5. Time. If the condition identified above has not been met within one year after adoption, this ordinance shall become null and void. The city council may, for good cause shown, by resolution, extend the time period for satisfying the condition identified above. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2022. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2022. Published: ______________. Ordinance amending zoning and MP 675 N F Street APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney August 4, 2022 EXHIBIT “A” Legal Description of Property to be Rezoned and Subject to Avenues Master Plan Future Land Use Map Amendment: 675 North F Street Tax ID No. 09-30-455-021-0000 LOT 1, CAPITOL PARK AVENUE EXTENSION SUBDIVISION. 2. CHRONOLOGY PROJECT CHRONOLOGY Capitol Park Cottages Zoning Map and Master Plan Amendment May 1, 2020 Petition submitted by applicant requesting to rezone the property to FB- UN1 and amend the future land use map of the Avenues master plan to a corresponding designation. May 11, 2020 Application assigned to City Staff. May 27, 2020 Proposal posted to City Open House webpage. Minimum 45-day notice period starts. Public notices were sent to recognized community organizations, listserv, and nearby property owners/residents. July 1, 2020 Applicant attended Greater Avenues Community Council meeting and presented their proposal. Staff also attended meeting and presented on the process and standards. August 5, 2020 Applicant attended the GACC for a second time to present their proposal. GACC holds vote on the proposal with 688 opposed and 4 in favor. February 1, 2021 Applicant submitted revised concept plan. City Staff sent an e-mail update to all persons who had contacted City Staff, providing 45 days for additional public comments. March 3, 2021 Applicant attends GACC meeting and presented revised proposal. Staff attended to answer any questions. March 22, 2021 Applicant revised requested zone to SR-1, Special Development Pattern Residential. Staff sent an e-mail update to all persons who had contacted City staff, providing additional time for public input. April 7, 2021 GACC held a vote on the proposal at their meeting, with 1244 opposed and 25 in favor. November 29, 2021 Applicant submitted associated Planned Development and Subdivision applications to the City. Minimum 45-day notice period starts. Public notices were sent to recognized community organizations, listserv, and nearby property owners/residents. E-mail notice also sent to all persons who had contacted City Staff regarding the rezone/master plan amendment proposal. January 5, 2022 Applicant attended GACC meeting to discuss Planned Development/Subdivision applications. Staff also presented on the process and standards and answered questions. June 9, 2022 Public notices provided for Zoning Map and Master Plan Amendments. Public notices sent to property owners/residents within 300 feet, posted on City webpage, sent to City listserv, and posted on State public notice website. E-mailed notice also sent to all persons who had contacted staff regarding the proposal for the property. June 17, 2022 Staff report published recommending a positive recommendation for the zoning map and master plan amendment with conditions. June 22, 2022 Planning Commission holds a hybrid in-person and virtual public hearing on the zoning map/master plan amendments and passes a motion to send a positive recommendation to the City Council with conditions. Motion passed with 8 Commissioners in favor and 2 opposed. 3. PLANNING COMMISSION HEARING ADDITIONAL MATERIALS a. Planning Staff Presentation Slides PLANNING COMMISSION // JUNE 22, 2022 CAPITOL PARK COTTAGESZONING MAP AND MASTER PLAN AMENDMENT 675 N F STREET PLNPCM2020-00335/00334 •Two requests: •Zoning Map Amendment •From FR-3/12,000 Foothills Residential District •To SR-1 Special Development Pattern Residential •Master Plan Amendment •From “Very Low Density” to “Low Density” •Intended to accommodate 19-lot single-family development plans (Planned Development and Preliminary Subdivision) Recommendation: Staff is recommending a favorable recommendation to the City Council with conditions REQUEST Salt Lake City // Planning Division CONTEXT Salt Lake City // Planning Division Salt Lake City // Planning Division *Development agreement limited these RMF-35 properties to “low-density,” a lower number of units than otherwise allowed ZONE INFORMATION •FR-3 vs SR-1 •Lot size/density -min. 12,000 vs 5,000 sq ft •3.6 (7.3) vs 8.7 (17.6) dwelling units per acre (w/ADU) •Theoretical limits: •FR-3: 11 lots •SR-1: 27 lots •Practical limit (estimate): •Impacted by min. lot size, width, public street requirements, private street access limits •FR-3: 9 lots, 18 total dwelling units (5.6 du/ac) •SR-1: 18 lots, 36 total dwelling units (11.2 du/ac) •Higher lot counts would require discretionary modifications to lot dimensions through Planned Development •Applicant concept plans are 19 lots with ADUs on 14 lots (33 total units) Salt Lake City // Planning Division DENSITY COMPARISON Maximum 16-lot single-family development potential for typical Avenues block due to min. 50' lot width. Theoretical limit-21 lots. Major Differences: •Lot size/density -min. 12,000 vs 5,000 sq ft •3.63 (7.3) vs 8.7 (17.6) dwelling units per acre (w/ADU) •Rear setbacks -min. 35' vs. min. 25%, as low as 15’ •Buildings not allowed in FR-3 rear Similar: •Heights:Both 28' •Building coverage: Max. 35% vs 40% •Effectively 5% more open space required in FR-3 •Front setbacks: Both 20' •Side setbacks: 10’/10’ vs 10’/4’ •ADUs: Attached ADUs allowed by right in both zones •Parking: 2 stalls per home + 1 per ADU Salt Lake City // Planning Division FR-3 VS SR-1 ZONES Standard FR-3 SR-1 Min. Lot Size 12,000 sq ft 5,000 sq ft Min. Lot Width 80 ft 50 ft Min. Front Setback 20' or average 20' or average Min. Rear Setback 35'25%, min. 15' to max 30' Max. Building Coverage 35%40% FR-3 SR-1 •Consistency with adopted City plans and policies •Consistency with zoning ordinance purposes •Effects on adjacent properties Salt Lake City // Planning Division CONSIDERATION STANDARDS •Consistency with any applicable overlays •Adequacy of public facilities and services Ultimately up to City Council discretion KEY CONSIDERATIONS Effects of zone on adjacent properties is a consideration Rear Setback Difference: •FR-3 -35' and no buildings allowed •SR-1 -25%, min. 15', up to 30' (ex: 25' for 100' deep lot) •May be as close as 15’ •May impact privacy of rear yards and sense of openness Recommendation: •Min. 30' rear setback for second story •No accessory buildings in west rear yards Salt Lake City // Planning Division SETBACK DIFFERENCES Northpoint Drive F S t r e e t Private Yards Private Street •More units bring more traffic •How much traffic? •Applicant provided traffic study showing low impact to neighborhood. •Will account for 5% of traffic at nearby F Street intersections •Adding less than a second to wait times at intersections •Accidents •Very low number of serious accidents on or near F Street over time •Given relative low increase in traffic, Staff would not anticipate substantive impact Salt Lake City // Planning Division TRAFFIC IMPACTS F S t r e e t •Sister zone (SR-1A) mapped across adjacent blocks to the east and nearby blocks to the south •Difference is lower max. height (23' in SR-1A vs 28') •Density/lot requirements are the same •Compatibly interfaces with FR-3 along 11th, 12th, and 13th Aves Salt Lake City // Planning Division ZONE CONTEXT •Proposed plan density is ~10 du/ac •Practical limit (~11 du/ac) •Similar to density of many blocks in Lower Avenues •Other nearby blocks would meet or exceed if ADUs were built in existing homes •Examples of low scale, single-and two-family dwellings on nearby blocks with similar existing density •Compatible with surrounding properties. Salt Lake City // Planning Division DENSITY CONTEXT ❶F Street & 10th ❶ ❷F Street & 9th ❷❸ ❸D Street & 9th •Avenues Master Plan (1987) •Future Land Use map –“very low density” •Supports larger lots in foothill areas •“Low Density” on former BYU property (incl. subject site) •Citywide Plans •Housing Plan (Growing SLC, 2018) •Policies intended to ensure low-and moderate- income housing is in the City •Supports aging in place with diverse housing choices •Identifies large lot sizes as a barrier •City General Plan (Plan Salt Lake, 2015) •Supports finding ways to accommodate new housing growth and new housing types where it can be compatible throughout the City •Housing market has changed significantly •Amendments warranted given level of zone change, changed conditions, and changed citywide policies Salt Lake City // Planning Division CITY MASTER PLANS •Concerns with many rezones: •Displacement •Gentrification •Loss of neighborhood character defining buildings •Large, vacant lot without these potentials •High opportunity area with good access to jobs, schools, parks, services •Good location for additional families Salt Lake City // Planning Division VACANT LOT INFILL DEVELOPMENT •Applicant has submitted formal Planned Development and Subdivision plans •Not for formal consideration tonight •Provided for context •Building height compliance issues due to slope, may require revisions •Height can’t be modified in a PD •Requesting modifications to setbacks, lot frontage (private street), grade change limits, retaining wall height limits Salt Lake City // Planning Division CONCEPT SITE PLAN •Considerable amount of public input •Proposal has changed over time, with multiple rounds of comments •Originally FBUN1 -> Changes to concept plans -> Change to SR-1 -> Formal Planned Development plans •Vast majority opposed (~637 comments), less than 20 comments in support •Opposition petition estimated at >2,000 signatures opposed •Recognized Community Organizations: •Greater Avenues Community Council provided multiple letters opposed •Preserve Our Avenues Zoning Coalition also provided opposition letters and petitions •Variety of concerns related to increased density of zone •Support development with existing zoning Salt Lake City // Planning Division PUBLIC INPUT Zoning Specific Comments from Adjacent Properties •West Homes*: Preference for 35' rear setback from 1 owner •East Homes*: •Concerns with density, traffic, vehicle access from 2 owners •Concern with original FB-UN-1 zone from 1 owner •South -Meridian Condos HOA -Concerns with density, vehicles, character, use of their private road •Capitol Park HOA –(Homes on Capitol Park Ave) –Similar concerns •North -Northpointe Condos HOA –Similar concerns, also with north adjacent reduced setback, traffic, fire access/safety related to F Street and off-site parking Planned Development Comments •Concerns with reduced setbacks, grade changes, open space, vehicles, parking, service logistics, and loss of trees Salt Lake City // Planning Division PUBLIC INPUT RECOMMENDATIONS Salt Lake City // Planning Division Staff recommends a positive recommendation to the City Council on the zoning map and master plan amendment request with conditions: 1.Accessory buildings shall not be allowed in rear yards located along the west-most property line of the subject property 2.Where the west-most property line is a rear property line, the second levels of any homes located along that rear property line shall be setback at least 30' from the corresponding rear property line. Salt Lake City // Planning Division RECOMMENDATION QUESTIONS Salt Lake City // Planning Division Daniel Echeverria // Senior Planner daniel.echeverria@slcgov.com 3. PLANNING COMMISSION HEARING ADDITIONAL MATERIALS b. Applicant Presentation Slides Capitol Park Avenue Rezone 675 North F Street 1977 Current The current zone is outdated and no longer reflects the current site conditions or values of Salt Lake City At Current Zone, the physical constraints of the property would limit development to nine 1/3 acre lots. “Density and compact development are important principles of sustainable growth, allowing for more affordable transportation options and creating vibrant and diverse places” (pg. 9) “Barriers such as density limitations, prohibitions on different types of housing, and other development regulations, have contributed in part to a general supply deficit and economic segregation” (pg.11) The current zone is outdated and no longer reflects the site conditions or values of Salt Lake City The requested rezone is modest while creating an opportunity to remove density barriers and promote a more diverse housing stock 3. PLANNING COMMISSION HEARING ADDITIONAL MATERIALS c. Additional Public Comments Received After Report Publication Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 1 of 12 Subject:(EXTERNAL) DO NOT allow Capitol Park Catastrophe Date:Wednesday, June 22, 2022 at 8:06:54 AM Mountain Daylight Time From:William LiLg To:Planning Public Comments This is markeOng. This is not like any part of The Avenues, paSerned, repeOOve housing, red brick. This a cheap Disneyesque unimaginaOve package of BULL SHIT. We have small streets, impacted by hospitals, canyons, and we have reached capacity. This property could support real architecture, new, not hermaphrodite history, Please do NOT support this latest packaging. They are hoping you and this community will Ore and roll over. When they bring quality we will know and support it, second or third best is not good enough. Some one got Ored and allowed “The Hardison” to be built on Historic South Temple and it will forever be an eyesore. DO YOUR BEST for the city. William liLg 121 D Street SLC, Ut 84103 Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 2 of 12 Subject:(EXTERNAL) NO! Support for Capitol Park POS Date:Wednesday, June 22, 2022 at 7:46:56 AM Mountain Daylight Time From:William LiLg To:Planning Public Comments MarkeOng! This is a sales job, clear and simple. Simple? Where in the Historic Avenues could you find paSerned small houses in mass? Red brick? This is another insult to my community not part of us! It is them trying to bring Daybreak’s Disneyesque housing to a small piece of land. Maximum density and more. We have small narrow streets, trees and need to encourage families. NIMBY I wouldn’t wish this at Mar-a-lago! They Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 5 of 12 Subject:(EXTERNAL) 675 N F Street Zoning Plan and Master Plan amendment request - Deny Date:Tuesday, June 21, 2022 at 11:07:52 AM Mountain Daylight Time From:Russ Norvell To:Planning Public Comments To: Salt Lake Planning Commission From: Russ Norvell As a nearby homeowner and full-Ome resident, I oppose Ivory Homer’s proposal to rezone the 675 N F Street property in order to develop it far beyond that which is already allowed under FR-3 zoning. I encourage the Planning Commission to do the same and not give a favorable recommendaOon to City Council for three reasons: 1) The two Staff recommendaOons do not begin to address the long list of issues- legal, transportaOon, strategic planning, and cultural character - that have been idenOfied and documented; 2) Amendments to the Strategic Plan and to zoning rules can and should be made - when they meet the intent of the amendment guidelines. This proposal does not, and giving a favorable recommendaOon sets precedent that will erode the Commission’s ability to execute its mission in the future; 3) Too big and too many is too much. Ivory’s design is a fat man in a bad suit. Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 6 of 12 Subject:(EXTERNAL) Ivory Homes Development Date:Tuesday, June 21, 2022 at 8:20:57 AM Mountain Daylight Time From:Adrienne To:Planning Public Comments Planning commission: As a neighbor of the proposed ivory home planned development, I want to share my concerns as follows: 1. I believe that neighbors in the area have bought property based on existing zoning laws and to that end, a change in these laws deserves much scrutiny.  From my perspective, the developers have not made the case that this change is warranted and thus the city’s agreement with current residents (existing zoning) should not be broken.  As proposed, not a single unit meets the zoning requirements. 2. I see that part of the planning commission’s justification for recommending this change is that SLC has a tremendous housing problem - especially lacking low-income housing. If the described change were for low income families, this would offset some of my issues personally (e.g., increased traffic). Given that the majority of the proposed houses are 3350 sq ft, with three-car garages, the idea that this model fits in with the type of housing needed in SLC is ridiculous.  3. The design that includes 17ft retaining walls is an aesthetic disaster as is removing trees that include active raptor nests. Thank you, Adrienne Cachelin 510 E 14th Ave Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 7 of 12 Subject:(EXTERNAL) Support for Capitol Park CoSages Date:Tuesday, June 21, 2022 at 1:28:50 AM Mountain Daylight Time From:Holly To:Planning Public Comments My greatest concern for this change in zoning is the traffic increase. We have already had bus service reduced significantly and constant traffic specifically in this area is noOceable and a problem. Roads are in disrepair with only bandaid maintenance over recent years Water use is another concern and hopefully restricOons and restraint would be designed into the landscaping. Sent from my iPad Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 8 of 12 Subject:(EXTERNAL) Support for Capitol Park CoSages Date:Monday, June 20, 2022 at 8:37:36 PM Mountain Daylight Time From:pamellagl To:Planning Public Comments Dear Members of the Planning Commission. Please deny the request for Capitol Park CoSages. I live in the Avenues and request that you deny the rezone! NO to REZONE! Pam LiLg Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 9 of 12 Subject:(EXTERNAL) Support for Capitol Park CoSages Date:Monday, June 20, 2022 at 7:11:25 PM Mountain Daylight Time From:Bonnie Bowman To:Planning Public Comments Please, DO NOT APPROVE! A disaster. Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 10 of 12 Subject:(EXTERNAL) I strongly appose Ivory Home plan in the upper Avenues. Date:Monday, June 20, 2022 at 6:30:50 PM Mountain Daylight Time From:PaSy Philpot-Stewart To:Planning Public Comments The Penny Lane development was a mistake. Traffic in the Avenues is already unmanageable. Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 11 of 12 Subject:(EXTERNAL) No Support for Capitol Park CoSages' latest proposal Date:Monday, June 20, 2022 at 5:31:50 PM Mountain Daylight Time From:Carol Moss To:Planning Public Comments I wish to state that the plan being presented is not good for the neighborhood. It will put extreme demands on the resources of the neighborhood, namely with traffic, parking, busing, fire fighting when needed, privacy matters, and will not truly address the city's need for more housing. The prices of these homes will be very much out of the price range that middle class homeowners can afford. The zoning requirements that are in place at this time are part of a well planned neighbor that was built with this specific zoning in place. It's a beautiful neighborhood that I suggest your members visit and assess before making a decision on the upcoming request for change in zoning, which will overpopulate the property in question. Our wish is that the proposed building company of Ivory be satisfied with the current zoning laws and you allow the laws to remain in place. Thank you. Warmest regards, Carol Brennan Moss Brian H. Moss Wednesday, June 22, 2022 at 12:43:02 Mountain Daylight Time Page 12 of 12 Subject:(EXTERNAL) Support for Capitol Park CoSages Date:Monday, June 20, 2022 at 5:05:28 PM Mountain Daylight Time From:HELEN HODGDON To:Planning Public Comments I don’t support this project. I own a coSage on D Street. Keep the Avenues historical please. I think this project is really just about greed. Thank you. Helen Hodgdon 230 D Street Slc, Utah. 84103 Sent from my iPhone Wednesday, June 22, 2022 at 13:00:23 Mountain Daylight Time Page 1 of 1 Subject:(EXTERNAL) Comments for today's Ivory Homes proposed rezoning hearing Date:Wednesday, June 22, 2022 at 8:52:42 AM Mountain Daylight Time From:Beth Chardack To:Echeverria, Daniel, Wharton, Chris I am in strong opposition to the proposed zoning and masterplan changes in the upper Avenues by Ivory Homes.   According to the City’s zoning code, “The purpose of the FR-3/12,000 Foothills Residential District is to promote environmentally sensitive and visually compatible development.” This means that high density urban zoning does not belong on the Ivory parcel. Our masterplan exists to uphold that continuity and preservation of the neighborhood. The proposed zoning would set dangerous precedent for future building and would invite others to disregard the integrity of the zoning code and masterplan. These documents exist to preserve our neighborhoods and must be kept intact.   In addition, building ADUs onto proposed new higher density construction just adds fuel to the fire. It is my belief that Ivory Homes is bastardizing the intent of the ADU, by calling the extra units they are hoping to build ‘ADUs’, instead of simply calling it what it is: higher density housing. This change in nomenclature is merely a guise so Ivory Homes can maximize profit without regard to the consideration of carefully thought-out plans and regulations put in place years ago by professional urban planners, meant to protect homeowners and neighborhoods from this very situation. Let’s allow these documents to preserve our neighborhoods and natural areas.    The protection offered by the Foothills preservation zoning must mean something, and failure to enforce the current zoning deems the very work of the Planning Commission irrelevant. Ivory’s proposal would have a serious negative impact, without providing benefit to the neighborhood or consideration to preserving the natural area around it. Ivory has failed to prove that their project deserves deviation to the planning and zoning goals of the City and the Avenues. This site is zoned for eleven homes (plus allowable ADUs), which is the maximum that should be allowed on this site. The request to change the zoning code and masterplan by Ivory Homes is misguided and should be denied.   Thank you.   Beth Chardack BA, Political Science, University of Michigan MA, Urban and Regional Planning, George Washington University MA, Public Administration, University of Utah   563 Cambridge Cir Salt Lake City, UT 84103 Dear Planning Commission: My husband and I are long-time residents of the Avenues. We strongly object to Ivory Homes’ current request for rezoning at the property located at 675 N ‘F’ Street. Ivory is requesting a rezone from FR-3 to SR-1. This will reduce the minimum lot size to only 5000 sq ft. They are also requesting an increase from 11 to 19 homes. Moreover, Ivory plans to include 14 or so ADUs. That’s a total of 33 new living units. That’s not suitable for the Avenues. The intent of allowing ADUs to exist was to provide help for individual homeowners who felt the need. The intent was NOT to help a developer make more money on less land. Ivory’s rezone request is altogether too dense for this location. As you are well aware, zoning regulations exist for a reason. If zoning regulations can be changed whenever a developer wants to change them, what good are they? If the proposed changes were for the good of the community, maybe that would be a reason to approve a rezone. Well, in this case, the rezone is definitely not for the good of the community. This is totally obvious if you look at the results of past votes taken by the Greater Avenues Community Council (GACC) [1244 to 25 against rezoning]. The rezone would only be for the good of Ivory Homes, so they could squeeze more money out of their intended project. We are concerned about growing traffic on our Avenues streets. These streets were designed and built many years ago. They were not built for heavy usage. They already present risks at 4-way corners. So much additional traffic from the proposed over-populated cottages would exacerbate the dangers. Then, because we are at a higher elevation than most parts of Salt Lake City, the risks get even worse on snowy or icy days. In addition, we are an active neighborhood, with many walkers and cyclists. Please notice our attempts at “traffic calming.” We don’t need more traffic to add more danger for pedestrians!!!!! Ivory’s request is not compatible with the ambiance of our neighborhood. Two of the aspects we most love about the Avenues are the relative quiet of the neighborhoods and the presence of older, individually-built homes, each with their own unique characteristics. These proposed homes do not align with that vision. According to Ivory’s plans, there will be minimal setback and minimal greenspace. There are even a number of lovely mature trees that would be removed. That’s bad for wildlife, bad for aesthetics, bad for our quality of life, and not suitable for the Avenues. In summary, Ivory Homes’ request for a rezone at 675 N ‘F’ Street lacks a logical basis for approval. Please do the right thing and do not approve the request. Respectfully submitted, Carolyn Clark 929 N Terrace Hills Dr SLC UT 84103 1 Clark, Aubrey From:Courtney Henley <courtney.henley@icloud.com> Sent:Wednesday, June 22, 2022 2:24 PM To:Planning Public Comments Subject:(EXTERNAL) Opposed to Rezone of 675 N F Street I am strongly opposed from the depths of my body and spirit to the application to amend the zoning of the property at 675 N F  Street from the FR‐3/12,000 (Foothills Residential) zone to the SR‐1 (Special Development Pattern Residential) zone to allow three  times the number of lots to be developed.    The proposal by for profit Ivory Homes out of southern Salt Lake County is an insult to our local community in Salt Lake City.  Ivory  Development currently has no stake in the future prosperity of the local community and seeks to maximize profit by negating  decades old community master plans. For more than 40 years the Avenues community has been committed to honoring and  preserving it’s low density urban/rural character.  For 20 years my family has dedicated our lives and livelihood to cultivation of low  density nature loving development on our property at 13th Ave and J Street.  It would be a betrayal for city planners to throw away  all of my family’s and neighbors' hard work.    Every aspect of the 1987 Avenues Community Master Plan would be violated by the applicant's proposed development: it is  incompatible with the historic district nature of the community, it includes multiple‐family dwellings out of character with the  neighborhood, it will cause dramatic increases in traffic congestion where there is none, it will destroy the ultimate parks and  recreation spirit of the rural/urban Avenues by developing precious avian nesting habitat, it would violate the proposals for  streetscape improvements that are less concrete and steel and more trees and open space.    For 40 years the community has supported the City Acquisition of Foothill Properties via agreements with Salt Lake County, the State  of Utah, and appropriate agencies of the Federal Government to ensure that public properties in the foothills are not sold to private  interests without giving the community an opportunity to purchase the property.  This is a precedent that should apply to a deep  pocketed community organization like the most recent owner of the property ‐ the Church of Jesus Christ of Latter Day Saints ‐ a tax  exempt organization as beholden to the welfare and spiritual nourishment of citizens as a county, state, or federal agency.  When a  tax exempt church sold the property to a private interest for profit development it violated a sacred trust with the community.  How  to restore this trust?  The property in question should be zoned Open Space, Foothills Protection, or Public Lands.  These are the  only master plan amendments that would honor the vision of the Avenues Community Master Plan.    Courtney Henley  635 J Street Salt Lake City, UT 84103 801-502-9523 courtney.henley@icloud.com       1 Clark, Aubrey From:Smith Douglas <swimdocdoug@gmail.com> Sent:Wednesday, June 22, 2022 2:41 PM To:Planning Public Comments Subject:(EXTERNAL) Support for Capitol Park Cottages As a long time Avenues resident and property owner, I am totally AGAINST the proposed rezoning to allow the  development of the misleadingly named Capitol Park Cottages.  This would add density and traffic to the neighborhood  in ways that would be detrimental to the local quality of life.  Thank you for allowing me to share my views.  Doug Smith,  MD  From: Tyler Jack Date: Monday, June 20, 2022 at 1:21 PM To: Echeverria, Daniel Subject: RE: (EXTERNAL) setbacks question I wanted to shoot you one last note to remind you why I am against the re-zone. If you don’t remember I live on the west side of the subject property and I do not want the re-zone simply because I’d like the set-backs to stay at 35 ft. I think the project will be nice but I just don’t want another home less than 35 feet from my property line. Thanks again for your consideration, Tyler Jack Manager - NMLS 132155 P: F: www.frontlinefinancial.com [Secure Upload] This message and any attachments may be privileged, confidential, or proprietary. If you are not the intended recipient of this email or believe that you have received this correspondence in error, please delete this email. June 21, 2022 To: Daniel Echeverria, Senior Planner, Planning Division Chris Wharton, District 3 Council Member and City Council Chair Opposition to Ivory Homes Amended & Supplemented Rezoning Application for 675 North F Street Petition Number: PLNPCM2020-00334/00335/0034, PLNPCM2021-00656, PLNSUB2021-01175, etc. I am still very adamantly opposed the rezoning of 675 N. F Street property from FR-3/12,000 to SR-1 or any other zone other than the existing zoning. I have lived at 790 Northpoint Drive for 21 years. My home is directly across from the 675 North F Street Rezoning application. I recommend Ivory Homes develop their “new-build, in-fill, planned community that incorporates Accessory Dwelling Units” under the current foothills zoning goals. Any zoning change will result in an overly dense and possibly a high elevation development. Reduced setbacks to the north will impinge on the Northpoint Estates community. Development will not help in providing affordable housing to those in need; the cost will be too high, public transport is not available & amenities are not in walking distance. No zoning change is needed to develop . The existing zoning adequately allows for ADUs while also limiting over-dense construction. This additional amended concept does not represent a substantial difference in creating a development consistent with the existing foothills neighborhood density; nor does it commit to a specific build density. As a resident and very concerned citizen, I urge you to oppose the Ivory Homes rezoning proposal for 675 North F Street. It is deleterious to my home and community. Please support this community and represent the needs to the SLC Counsel to deny the zoning change. M Lisa Larriva, directly adjacent resident 790 Northpoint Drive Salt Lake City, UT 84103 Tuesday, June 21, 2022 at 11:12:40 Mountain Daylight Time Page 1 of 1 Subject:(EXTERNAL) Rezoning 675 North F Street Date:Friday, June 17, 2022 at 4:47:23 PM Mountain Daylight Time From:Julie Mackie To:Echeverria, Daniel Dear Mr. Echeverria, I am wriPng to oppose the rezoning of the property at 675 North F Street. If the city and neighborhood feels the need to rezone, it should be done through changing Master Plan with the coordinaPon of the city government and neighborhood. Changing zoning for the whim of a developer cannot be good city planning. I understand the desire for higher density, but, this should be done on a Master Plan level and not piecemeal where a developer feels the profit. Please do not consider this. It is not in anyone's interest but the developer. Reasons to deny this amendment have been put forth to you many Pmes and I only want reiterate my support to deny Ivory Development a zoning change. Thank you, Julie Mackie 685 G Street June 18, 2022 Dear Mr. Echeverria, Ladies and Gentlemen of the Planning Commission, It has come to my attention that on or about June 15th, a letter was transmitted to you by Peter Wright of the Preserve our Avenues Zoning Coalition. That letter was accompanied by a PowerPoint-style PDF that laid out their arguments. In that document, there was a claim made on page 5 that “Every resident of F Street adjacent to Ivory’s property is strongly opposed.” This statement is false, and was or should have been known to be false at the time of its writing. I purchased the property on the corner of F Street and 13th Avenue, directly opposite the lot in question, on January 13th, 2022. A member of the Preserve our Avenues Zoning Coalition identified me by name while speaking to my neighbors in April, and therefore knew that the house was under new ownership. At no time have I expressed any opinion regarding this matter, publicly or privately. At no time prior to June 15th had anyone spoken to me about this planned rezone, representing either side. I reserve the ability to formulate an opinion. Should I choose to do so, I will base that opinion on a considered understanding of both sides’ arguments. I feel that this must be brought to your attention, as a known false statement may affect the credibility of the representatives of the Preserve our Avenues Zoning Coalition in the upcoming hearing on June 22nd. Regards, Andrew Steiner 461 E. 13th Ave. Salt Lake City, UT 84103 I write in support of the request to change the zoning map and the SLC master plan to accommodate the Capitol Park Cottages proposal. I live in the Avenues myself, just below Sixth Avenue, and prize the neighborhood for its diversity of housing types, mix of owners and renters, access to a grocery store and public library, and economic diversity. The area surrounding the North F Street property already has a variety of housing—town homes, large single-family homes, condos, and small single-family homes. The “cottage” development envisioned (not yet officially under review) is not so dense that it would appreciably increase traffic in the area. The larger homes proposed will be big enough to accommodate families, which will help support the declining enrollment of Ensign Elementary. The yards are small, but from looking around the Avenues, there are plenty of people who wish to purchase a home and not have to do a lot of yard upkeep. Salt Lake City (as well as much of Utah) is desperately short of housing of all kinds. Even if this will not be income-restricted, “affordable” housing, increasing the supply at the likely price point will ease the pressure on the housing market in general. Developing vacant property is ideal because it does not displace existing, “naturally affordable” older housing. Yes, it is very important that the proposed ADU’s not be used for short-term rentals, so I urge all parties to work to increase the enforcement options available to cities to combat short-term rentals. The state Political Subdivisions Interim Committee is studying this issue this summer and fall. Approving the requested amendments would not damage the character of the Avenues. Salt Lake City needs the additional housing. I urge the Planning Commission to support the requested changes. Susan Olson Wednesday, June 22, 2022 at 15:55:28 Mountain Daylight Time Page 1 of 2 Subject:(EXTERNAL) Support for Ivory Homes Rezoning at 675 North F Street Date:Wednesday, June 22, 2022 at 3:34:01 PM Mountain Daylight Time From:JulieQe Palmer White To:Echeverria, Daniel CC:Wharton, Chris AFachments:emailsignaturelogonotext_c4fe8a58-60ec-4e55-8f78-be04eY3833d.png Mr. Echeverria, Apparently, I'm late to the game and didn't realize that this issue was s]ll being debated in my community. I became aware today that there is a planning commission mee]ng tonight regarding the request by Ivory Homes for a rezone to allow higher density housing, ADUs, etc., at the top of F Street. I cannot aQend this mee]ng, so I am wri]ng to you instead in the hopes that you will receive this message before the mee]ng tonight and take it into account. I am wri]ng to express my support. And I am wri]ng to reassure you that residents of the Avenues are not unified in their opposi]on to this project. I have lived in the Avenues off and on since 1981, including 15 years living on 18th Avenue and now 20 years living on Virginia Street. I have read many of the comments / arguments in opposi]on to this project since the beginning and find myself profoundly disappointed in what I can only describe as an intensely narrow and unyielding mindset held by individuals that should know beQer. I am now a parent of a teenager with significant disabili]es. And I have an aging mother. I was, and remain, thrilled by the prospect of new and innova]ve housing op]ons in this wonderful community that may allow me to support my child with disabili]es into adulthood, and provide a place for my mother as she ages, all while providing them some level of independence in a separate ADU. I am keen to see the City develop more mul]-genera]onal housing op]ons, more innova]ve solu]ons other than typical apartments/condos or single-family housing. I am one of those Avenues residents that will seek to add an ADU to their backyard someday if I cannot find another alterna]ve for my son that will allow him to live in the community where he grew up and that he knows well, with as much independence and dignity as possible. And I want the future residents of this proposed development to live in my community and to be a part of it. Those who object to this project appear to have a very limited view of who they want living in the Avenues. I will never forget the first leQer I received in the mail from someone who opposed this project -- the objec]on to "urban" zoning s]ll lingers in my mind. At first it made me laugh, considering the many bus stops within just a few blocks, the number of condos and apartments nearby (both above and below), and the grocery store/liquor store/shopping complex within six blocks. But then the comment hit home, as I fear it is code for some other perceived threat. I have no doubt that there was, and likely remains, much room for improvement in what Ivory Homes is trying to do. And I have no love for developers. But I respect everyone who is trying to make this work and trying to find innova]ve solu]ons for the housing challenges we now face in our City. Please con]nue to do so. I embrace a broader perspec]ve. The persistent and unyielding opposi]on to this project makes me sad. There is no beQer to describe it. Page 2 of 2 Sincerely yours, JulieQe White 275 N Virginia Street Juliette Palmer White • Shareholder Parsons Behle & Latimer 201 South Main Street, Suite 1800 • Salt Lake City, Utah 84111 Main +1 801.532.1234 • Direct +1 801.536.6804 • Fax +1 801.536.6111 A Professional Law Corporation parsonsbehle.com • JWhite@parsonsbehle.com • vCard CONFIDENTIALITY NOTICE: This electronic mail message and any attachment(s) are confidential and may also contain privileged attorney-client information or work product. The message is intended only for the use of the addressee. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, you may not use, distribute, or copy this communication. If you have received the message in error, please immediately notify us by reply electronic mail or by telephone at +1 801.532.1234, and delete this original message. 3. PLANNING COMMISSION HEARING ADDITIONAL MATERIALS d. Postmarked Public Notice 4. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petitions PLNPCM2020-00335/00334 – Capitol Park Cottages Zoning Map and Master Plan Amendments – Peter Gamvroulas, representing the property owner, Ivory Development, is requesting zoning map and master plan amendments for property located at approximately 675 N F Street. The request includes the following applications: A. Zoning Map Amendment (Rezone): The applicant is requesting to amend the zoning of the property from the FR-3/12,000 "Foothills Residential District" to the SR-1 "Special Development Pattern" zoning district. Although the applicant has requested that the property be rezoned to the SR-1 zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. Case number PLNPCM2020-00335 B. Master Plan Amendment: The applicant is requesting to amend the master plan designation for the property in the Avenues Community Master Plan from "Very Low Density" to "Low Density." Case number PLNPCM2020-00334 The requests are intended to accommodate two pending Planned Development and Subdivision requests for a 19-lot single-family dwelling development titled "Capitol Park Cottages." The property is currently vacant and is zoned FR-3/12,000 "Foothills Residential District." The property is located in Council District 3, represented by Chris Wharton. (Staff contact: Daniel Echeverria at 801-535-7165 or daniel.echeverria@slcgov.com) As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held electronically: DATE: TIME: 7:00 p.m. PLACE: Room 315 City & County Building 451 S State Street Salt Lake City, Utah If you have any questions relating to this proposal or would like to review the file, please call Daniel Echeverria at 801-535-7165 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at daniel.echeverria@slcgov.com. Petition details can also be found on the petition webpage here: http://bit.ly/slc-openhouse-01175 People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711. (P 19-19) 5. ORIGINAL PETITION Zoning Amendment Questionnaire Parcel Number 09304550210000 1. A description of the proposed zoning amendment: The property is currently zoned as FR- 3/12000 Foothills Estates Residential. The purpose of the FR-3/12000 foothills residential district is to promote environmentally sensitive and visually compatible development of lots not less than twelve thousand (12,000) square feet in size, suitable for foothills locations. The proposed zoning designation for the property is FB-UN1 this zone allows for small scale structures, up to two-and-one-half (2.5) stories in height, or relatively small lots with up to four dwelling units per lot depending on the building type. The master plan amendment would continue to allow the promotion of environmentally sensitive and visually compatible development as envisioned in the FR zoning and would further provide the flexibility to enhance housing type diversity in the neighborhood. 2. A statement declaring the purpose of the zoning amendment: The proposed Master Plan amendment change is specific to the approximately 3 acer parcel 09304550210000; to be changed from the residential large lot designation of FR-3 to accommodate a FB-UN 1 zoning designation. This Master Plan amendment will enable the parcel to support an innovative development in which diverse Accessory Dwelling Units (ADUs) are integrated into a planned community development. The Growing SLC: Five Year Housing Plan 2018-2022 (“5YP”) acknowledges that “ADUs are the most cost-effective method of new construction for small housing units” (5YP pg. 20). The proposed development would showcase how a variety of ADU types can blend into an existing neighborhood and provide housing solutions for diverse demographics (students, seniors, young families). The development can further materialize the objectives stated in the Five Year Housing Plan. The first Goal expounded in the Five Year Plan recognizes the need to “increase the diversity of housing types and opportunities in the city…Strategic policy decisions that integrate…innovative design and construction methods, can break down social and economic segregation, thus building a city for everyone” (5YP pg.17). 3. List the reasons why the present zoning may not be appropriate for the area the present master plan for this property was done in 1987 and new and innovative opportunities exist that will allow for more current housing outcomes. The Five Year Housing Plan recognizes that “each generation has different ideas and behaviors that influence their decisions at each stage of life, and in the aggregate create the demand for housing” (5YP pg. 10). The current zone restricts the property to rigid lot sizing that limits opportunities for diversity in housing and exacerbates the housing affordability crisis. Furthermore, the Five Year Housing Plan acknowledges “barriers, such as density limitations, prohibitions on different types of housing, and other development regulations, have contributed in part to a general supply deficit and economic segregation” (5YP pg. 11). 4. Is the request amending the zoning map? The request is amending the Zoning Map. The parcel number to be changed is 09304550210000. 5. Is the request amending the text of the Zoning Ordinance? There is no request to amend the text. 6. MAILING LIST OWN_FULL_NAME own_address_andUNIT OWN_CITY OWN_STATEOWN_ZIP JOSEPH FLANAGAN; AIRA FLANAGAN (JT)1326 E 1300 S SALT LAKE CITY UT 84105 WRIGHT PROJECT, LLC 1589 E YALECREST AVE SALT LAKE CITY UT 84105 HAMILTON FAMILY 1998 TRUST 07/10/1998 171 E THIRD AVE SALT LAKE CITY UT 84103 NANCY H HALVERSON 1914 E 9400 S SANDY UT 84093 PETER WRIGHT; JANET WRIGHT (JT)20012 OAK FAIRWAY CT ESTERO FL 33928 JENI INDRESANO; MATTHEW A STELLA (JT)22 OLIVER STREET SALEM MA 01970 KELLEE W BURTON 22 S EAGLEWOOD DR NORTH SALT LAKE UT 84054 MUFFY FERRO 2250 N STATELINE RD ALTA WY 83414 RICHARD WENDELL NIELSEN TRUST 05/04/2020 2321 S DALLIN ST SALT LAKE CITY UT 84109 LEO SOTIRIOU; CYNTHIA G SOTIRIOU (JT)250 E BROADWAY ST # 330 SALT LAKE CITY UT 84111 BENJAMIN ADAM STEINBERG; LAURA L STEINBERG (JT)290 E PENNY PARADE DR SALT LAKE CITY UT 84103 TRUST NOT IDENTIFIED 298 E PENNY PARADE DR SALT LAKE CITY UT 84103 HUGH J SHARP; ANIKA N SHARP (JT)3 ROBINHOOD RD CAPE ELIZABETH ME 04107 JENNIFER L AZZI 307 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PARK AVE #S-3 SALT LAKE CITY UT 84103 LINDA PEARLINE DEAN REVOCABLE TRUST 7/18/2013 400 E CAPITOL PARK AVE #303 SALT LAKE CITY UT 84103 LINDA PEARLINE DEAN REVOCABLE TRUST 7/18/2013 400 E CAPITOL PARK AVE #S30 SALT LAKE CITY UT 84103 MERIDIEN AT CAPITOL PARK CONDOMINIUM ASSOCIATION INC 400 E CAPITOL PARK AVE SALT LAKE CITY UT 84103 NAOMA TATE; NTM #1 TRUST 400 E CAPITOL PARK AVE #504 SALT LAKE CITY UT 84103 NAOMA TATE; NTM #1 TRUST 400 E CAPITOL PARK AVE #S11 SALT LAKE CITY UT 84103 PATRICIA A DAVIS; JOHN L DAVIS 400 E CAPITOL PARK AVE #403 SALT LAKE CITY UT 84103 PATRICIA A DAVIS; JOHN L DAVIS 400 E CAPITOL PARK AVE #S31 SALT LAKE CITY UT 84103 PAUL & JANICE MCKINNON JOINT TRUST 01/09/2020 400 E CAPITOL PARK AVE #302 SALT LAKE CITY UT 84103 PAUL & JANICE MCKINNON JOINT TRUST 01/09/2020 400 E CAPITOL PARK AVE #402 SALT LAKE CITY UT 84103 PAUL D MCKINNON; JANICE W MCKINNON (JT)400 E CAPITOL PARK AVE #S-4 SALT LAKE CITY UT 84103 PAUL MCKINNON; JAN MCKINNON (JT)400 E CAPITOL PARK AVE #S-5 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LAKE CITY UT 84117 SKAAR PROPERTIES LLC 9846 E EMERALD DR SUN LAKES AZ 85248 KATHLEEN M HOLDING PO BOX 1083 DAYTON WY 82836 WILLIAM I HIGUCHI LEGACY TRUST 12/23/2020 PO BOX 1223 PARK CITY UT 84060 SALT LAKE CITY CORP PO BOX 145460 SALT LAKE CITY UT 84114 SALT LAKE CITY CORPORATION PO BOX 145460 SALT LAKE CITY UT 84114 TRUST NOT IDENTIFIED PO BOX 3181 SALT LAKE CITY UT 84110 ASSOCIATED PROPERTIES, LC PO BOX 478 SALT LAKE CITY UT 84110 MOUNTAIN SEAS DEVELOPMENT LTD PO BOX 680844 PARK CITY UT 84068 MOUNTAIN SEAS DEVELOPMENT LTD; NTM TRUST PO BOX 680844 PARK CITY UT 84068 CRAIG N PACINI; JULIE M PACINI (JT)PO BOX 708682 SANDY UT 84070 SPINAZZOLA JOINT REVOCABLE TRUST 06/03/2014 PO BOX 8891 RANCHO SANTA FE CA 92067 CAPITOL PARK HOMEOWNERS ASSOCIATION PO BOX 9375 SALT LAKE CITY UT 84109 Current Occupant 794 N NORTHPOINT DR #3A Salt Lake City UT 84103 Current Occupant 795 N NORTHPOINT CT Salt Lake City UT 84103 Current Occupant 804 N JUNIPERPOINT DR Salt Lake City UT 84103 Current Occupant 855 N JUNIPERPOINT DR Salt Lake City UT 84103 Current Occupant 853 N JUNIPERPOINT DR Salt Lake City UT 84103 Current Occupant 841 N JUNIPERPOINT DR Salt Lake City UT 84103 Current Occupant 833 N GRANDRIDGE DR #42D Salt Lake City UT 84103 Current Occupant 837 N JUNIPERPOINT CT Salt Lake City UT 84103 Current Occupant 341 E CHARITY CV Salt Lake City UT 84103 Current Occupant 673 N CARING CV Salt Lake City UT 84103 Current Occupant 685 N CARING CV Salt Lake City UT 84103 Current Occupant 675 N F ST Salt Lake City UT 84103 Current Occupant 705 N G ST Salt Lake City UT 84103 Current Occupant 505 E 14TH AVE Salt Lake City UT 84103 Current Occupant 535 E 14TH AVE Salt Lake City UT 84103 Current Occupant 669 N G ST Salt Lake City UT 84103 Current Occupant 461 E 13TH AVE Salt Lake City UT 84103 Current Occupant 473 E 13TH AVE Salt Lake City UT 84103 Current Occupant 475 E 13TH AVE Salt Lake City UT 84103 Current Occupant 483 E 13TH AVE Salt Lake City UT 84103 Current Occupant 510 E 14TH AVE Salt Lake City UT 84103 Current Occupant 503 E 13TH AVE Salt Lake City UT 84103 Current Occupant 678 N F ST #W Salt Lake City UT 84103 Current Occupant 678 N F ST #E Salt Lake City UT 84103 Current Occupant 678 N F ST Salt Lake City UT 84103 Current Occupant 320 E CAPITOL PARK AVE Salt Lake City UT 84103 Current Occupant 342 E CAPITOL PARK AVE Salt Lake City UT 84103 Current Occupant 610 N CAPITOL PARK AVE Salt Lake City UT 84103 Current Occupant 590 N CAPITOL PARK AVE Salt Lake City UT 84103 Current Occupant 317 E PENNY PARADE DR Salt Lake City UT 84103 Current Occupant 375 E CAPITOL PARK AVE Salt Lake City UT 84103 Current Occupant 589 N CAPITOL PARK AVE Salt Lake City UT 84103 Current Occupant 588 N D ST Salt Lake City UT 84103 Current Occupant 584 N D ST Salt Lake City UT 84103 Current Occupant 574 N D ST Salt Lake City UT 84103 Current Occupant 368 E 12TH AVE Salt Lake City UT 84103 Current Occupant 374 E 12TH AVE Salt Lake City UT 84103 Current Occupant 380 E 12TH AVE Salt Lake City UT 84103 Current Occupant 386 E 12TH AVE Salt Lake City UT 84103 Current Occupant 381 E 11TH AVE Salt Lake City UT 84103 Current Occupant 353 E 12TH AVE Salt Lake City UT 84103 Current Occupant 363 E 12TH AVE Salt Lake City UT 84103 Current Occupant 369 E 12TH AVE Salt Lake City UT 84103 Current Occupant 377 E 12TH AVE Salt Lake City UT 84103 Current Occupant 385 E 12TH AVE Salt Lake City UT 84103 Current Occupant 395 E 12TH AVE Salt Lake City UT 84103 Current Occupant 405 E 12TH AVE Salt Lake City UT 84103 Current Occupant 415 E 12TH AVE Salt Lake City UT 84103 Current Occupant 358 E CAPITOL PARK AVE Salt Lake City UT 84103 Current Occupant 617 N F ST Salt Lake City UT 84103 Current Occupant 433 E 12TH AVE Salt Lake City UT 84103 Current Occupant 423 E 12TH AVE Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #101 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #102 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #103 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #201 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #202 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #203 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #204 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #205 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #301 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #306 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #401 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #405 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #406 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #501 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #502 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S-1 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S-2 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S-6 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S-7 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S-8 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S10 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S12 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S13 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S14 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S15 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S18 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S20 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S21 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S22 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S23 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S24 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S25 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S27 Salt Lake City UT 84103 Current Occupant 400 E CAPITOL PARK AVE #S29 Salt Lake City UT 84103 Current Occupant 456 E 13TH AVE Salt Lake City UT 84103 Current Occupant 468 E 13TH AVE Salt Lake City UT 84103 Current Occupant 472 E 13TH AVE Salt Lake City UT 84103 Current Occupant 480 E 13TH AVE Salt Lake City UT 84103 Current Occupant 615 N G ST Salt Lake City UT 84103 Current Occupant 453 E 12TH AVE Salt Lake City UT 84103 Current Occupant 459 E 12TH AVE Salt Lake City UT 84103 Current Occupant 463 E 12TH AVE Salt Lake City UT 84103 Current Occupant 473 E 12TH AVE Salt Lake City UT 84103 Current Occupant 489 E 12TH AVE Salt Lake City UT 84103 Current Occupant 504 E 13TH AVE Salt Lake City UT 84103 Current Occupant 412 E 12TH AVE Salt Lake City UT 84103 Current Occupant 416 E 12TH AVE Salt Lake City UT 84103 Current Occupant 420 E 12TH AVE Salt Lake City UT 84103 Current Occupant 430 E 12TH AVE Salt Lake City UT 84103 Current Occupant 580 N F ST Salt Lake City UT 84103 Current Occupant 460 E 12TH AVE Salt Lake City UT 84103 Current Occupant 466 E 12TH AVE Salt Lake City UT 84103 Current Occupant 474 E 12TH AVE Salt Lake City UT 84103 Current Occupant 482 E 12TH AVE Salt Lake City UT 84103 Current Occupant 488 E 12TH AVE Salt Lake City UT 84103 DANIEL ECHEVERRIA SALT LAKE CITY PLANNING PO BOX 145480 SALT LAKE CITY UT 84114-5480 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Allison Rowland Budget & Policy Analyst DATE:December 13, 2022 RE: INFORMATIONAL: UPDATE ON THE ANTI-GENTRIFICATION AND -DISPLACEMENT PLAN, THRIVING IN PLACE ISSUE AT-A-GLANCE The Council will receive an update from the Department of Community and Neighborhoods (CAN) about work on the City’s anti-gentrification and -displacement plan, known as Thriving in Place. The overarching goal of this project is to identify policy measures that can help current residents remain in Salt Lake City as it grows and changes. The plan will draw on research about gentrification pressures and patterns of involuntary displacement in Salt Lake City, as well as extensive local community input, and research on policies in other cities nationwide. In its final form, this plan aims to present a list of effective anti-displacement policies and programs feasible in Salt Lake City, with particular focus on those which can be implemented within two years. It will also outline the budget and staffing increases, ordinance changes, strategies for State-level advocacy, and new community partnerships that would be required to fully implement the plan. Some of the proposed policies and programs would build on work already underway but add modifications or significantly expand them, while others would be entirely new. The process of formulating this anti-gentrification and -displacement plan got underway in September 2021, and the Council was updated on progress in the April 12 and July 12 work sessions. The Department states in the transmittal that it anticipates incorporating this plan into the forthcoming draft of the new five-year housing plan (dubbed Housing SLC). It expects to present that version to the Planning Commission in early 2023. Staff note: CAN is planning to transmit a draft of Housing SLC to the Council in early 2023. Item Schedule: Briefing: December 13, 2022 Set Date: n/a Public Hearing: n/a Potential Action: n/a Page | 2 Additional information about the plan is available in English and Spanish on the Thriving in Place website. Goal of the briefing: Receive an update and provide feedback on the ongoing work for the City’s gentrification and displacement plan, known as Thriving in Place, in compliance with the Council’s policy on mid-terms plan updates. ADDITIONAL AND BACKGROUND INFORMATION A.Goals and Near-Term Priority Actions. The Administration has selected three interrelated “outcome goals” for this project (numbers 1-3 below) and three “supporting goals” (numbers 4-6 below): 1. Protect tenants from displacement; 2. Preserve existing affordable housing; 3. Produce additional affordable housing units; 4. Expand funding for tenant support and affordable housing; 5. Partner and collaborate for maximum impact; and 6. Advocate for tenants at the state level. The final version of the plan is anticipated to include a total of 21 proposed priority actions, some of which would advance more than one of the goals above. A subset of 11 of the 21 priority actions are proposed as near-term priorities (see also the one-page graphical summary in Attachment 1 of the transmittal.) These include: o Replace the Housing Loss Mitigation Ordinance (referred to as 1a in Attachment 1 of the transmittal)—this is discussed more in Section B below; o Create a one-stop shop tenant resource (1b); o Improve and expand tenant resources, access to legal services, and landlord training and incentives (1c); o Factor displacement impacts in master plans, rezonings, and development agreements (2a); o Partner with impacted communities to coordinate action and investment (2d); o Incentivize creation and preservation of affordable housing (3a)–see Policy Question #2 regarding role clarity; o Prioritize and invest in community ownership, and housing that is integrated with support services (3d); o Develop new and increased funding sources (4a); o Expand and invest in Community Land Trust models (4c)–see Policy Question #3; o Be bold, accountable, and transparent (5a); and o Create an SLC Anti-Displacement Coalition (5c). B.Proposed Replacement of the Housing Loss Mitigation Ordinance. With the rapid pace of new construction in Salt Lake City, both the Council and the Administration have stressed the importance of replacing the City’s Mitigation of Residential Housing Loss ordinance (Section 18.97), since it is widely acknowledged to be ineffective and the development environment has changed significantly since it was first adopted. Proposed strategies to help maintain the City’s existing number of affordable units and help households that may be involuntarily displaced include: 1. Improving City data collection through the business licensing process for rental units and the voluntary Landlord Tenant Initiative (previously known as the Good Landlord program) to document units, affordability levels, and any tenants residing on proposed redevelopment sites. Page | 3 2. Changing City Code to: - Include incentives like increased development intensity to preserve or replace existing housing units at similar levels of affordability. - Define community benefits when an applicant proposes a modification to an adopted plan. - Update the Tenant Relocation Fee ordinance (Section 18.99.040) to include tenants displaced due to redevelopment or demolition of private development, and update the fee, linking it to potential incentives-based developer contribution. 3. Providing relocation assistance, as well as ongoing rental assistance (interim or long-term) when needed, to affected households as part of the demolition permitting process and/or development entitlement process. 4.Prioritizing displaced renter households for returning to the site or neighborhood when new affordable housing units are available. The project team has found that other cities have adopted “community preference policies” that do not violate Fair Housing Law because they do not restrict new affordable units to only these households. Instead, they give first priority (through a preference point system) to displaced households. C.Other Actions to Protect Tenants. CAN acknowledges that “‘Fixing’ the HLM [Housing Loss Mitigation] ordinance will address only a small fraction of the City’s displacement challenges and does not effectively protect or create more affordable units.” Additional proposed priority actions intended to support the plan’s goal of Protecting Tenants include the following: o Improve and Expand Tenant Resources, Access to Legal Services, and Landlord Training and Incentives (Action 1c in Transmittal Appendix 1); o Factor Displacement Impacts in Master Plans, Rezonings, and Development Agreements (Action 2a); o Incentivize Creation and Preservation of Affordable Housing (Action 3a); o Prioritize and Invest in Community Ownership and Housing Integrated with Support Services (Action 3d); and o Develop New and Increased Funding Sources (Action 4a)—The transmittal discusses the possibility of new types of incentives or voluntary agreements for housing developers but acknowledges that these would not amount to enough to expand tenant supports or fund new affordable housing units at the levels needed. The other Near-Term Action Priorities are discussed schematically on pages 12 to 18 of the transmittal, and are listed in its Appendix 1. D.Relationships with Other City Plans and Policies. The Administration plans to transmit a draft of the new five-year housing plan, Housing SLC, in early 2023. That plan has benefited from the data and resident engagement generated for the Thriving in Place project and is expected to “address additional facets of the City’s current housing affordability crisis,” as well as to serve as the City’s mandatory Moderate Income Housing Plan. It will integrate the anti-displacement and - gentrification strategies of Thriving in Place and include the full report as an attachment. It is anticipated that the Council will consider adopting Housing SLC with Thriving in Place as an attachment, in their full forms, in early spring 2023, although the timeline is dependent on Planning Commission action. The City must adopt a new Moderate Income Housing Plan by the end of fiscal year 2023 to comply with recent State code changes. Page | 4 E.Background. 1.June 2020: In the FY21 annual budget, the City Council allocated funding for a Gentrification Assessment and Displacement Mitigation Plan to understand the breadth and depth of involuntary displacement and formulate policies and programs to mitigate any such displacement. 2.December 2020: The Department of Community and Neighborhoods (CAN) presented The Future of Housing: A Collective Vision for an Equitable Salt Lake City to the City Council. The intent of that presentation was to discuss various housing policy topics identified as goals in Growing SLC: A Five-Year Housing Plan. 3.September 2021: A consultant team was retained through a City Request for Proposals (RFP). The Administration selected Baird & Driskell to oversee the Gentrification Assessment and Displacement Mitigation Plan, now called Thriving in Place. The full team includes: •Baird & Driskell Community Planning (led by David Driskell); •Urban Displacement Project, University of California Berkeley (led by Dr. Tim Thomas); and •A team from the Department of City and Metropolitan Planning, University of Utah (led by Dr. Ivis Garcia and Dr. Alessandro Rigolon). 4.April 2022: The Council received an update from CAN about work on the City’s anti-gentrification and anti-displacement plan, Thriving in Place. It included information on new Utah statutes that are applicable to housing loss mitigation, and an analysis of the City’s existing housing loss mitigation ordinance. 5.July 2022: The Council received an update from CAN about results of the team’s community engagement efforts and “data mapping” to date, as well as refinements to the plans for the next phase. F.2022 Utah State Legislature Updates. Two new laws from the 2022 Utah Legislative session—House Bill 462, Utah Housing Affordability Amendments, and House Bill 303, Local Land Use Amendments—have elements that are related to anti- gentrification and anti-displacement. 1. HB 462 and HB 303 define moderate income housing as 80% AMI or below. These two policies are compatible with the City’s RMF-30, Shared Housing, and Parking Reduction ordinances, which were adopted by the Council in October 2022. They are also compatible with proposals that have not yet been received by the Council including the Affordable Housing Zoning Incentives (formerly known as the Affordable Housing Overlay), and Accessory Dwelling Unit proposals. 2. Elements of these statutes also apply to the establishment of a Housing Loss Mitigation fund and the City’s ability to require moderate-income housing units in a land use decision: a. HB 462 authorizes a city to establish a Housing Loss Mitigation fund to preserve existing, subsidized, and new moderate-income housing (lines 708-710). b. HB 303 states that a city may require moderate income housing units as a condition of approval of a land use application only if the developer and the city enter into a written agreement, or the city provides incentives that are agreed to by the developer (lines 828- 838). It does not specify that the written agreement must be a development agreement. Page | 5 3.Additionally, HB 303 prohibits a city from approving or denying a land use application based on a developer’s decision to incorporate moderate-income housing units in their development. The Administration notes that this change has caused concern for the City's ability to charge a fee for the loss of housing units through a mandatory program. POLICY QUESTIONS 1. Several sections of the transmittal mention that additional funding and staff will be needed to implement the plan. Would the Council like to request additional information about the level of detail that will be provided in the plan about the additional funding needs anticipated, and when to anticipate receiving related budget requests? The Council may also wish to discuss potential funding sources for these expanded needs. 2. Several elements of the proposed plan are related to what could be considered housing development. Based on the Council’s recent discussions about consolidating housing development in the RDA and housing services in CAN’s Housing Stability, the Council may wish to discuss role clarity in how the plan may be executed. Would the Council like to confirm with the Administration that the RDA is intended to carry out those pieces, even though the plan itself has been stewarded by CAN. 3. Over the years, both CAN and the RDA have expressed their interest in expanding the Community Land Trust. The draft plan alludes to this goal as “Invest in a community ownership model and maximize City-owned parcels through the expansion of the City’s Community Land Trust program to address intergenerational poverty.” Would the Council like to request the Administration elaborate on this goal, including how each department’s work could be coordinated with the other? 4.The Council may wish to ask about the details and elements of the final Thriving in Place document beyond Replacement of the Housing Loss Mitigation Ordinance. For example, will all ten of the other Near-Term Priorities listed in Appendix 1 be fleshed out to the same degree as this one? Is this work already underway, and what is the timeline for completion? 5.Would the Council like to request additional information on how the Administration expects Thriving in Place to complement Housing SLC, and what kinds of information one will include that the other does not? Salt Lake City’s Anti-Displacement Strategy STRATEGY OVERVIEW + NEAR-TERM PRIORITIES City Council 12.13.22 Action Framework What the Framework Does 1 Elevates anti-displacement as a citywide priority. 2 Increases city investment and services to help lower income tenants avoid eviction and remain in Salt Lake City. 3 Prioritizes creation of more affordable housing, especially “community-owned housing” that will be affordable long-term. 4 Changes how the city works with impacted communities and key partners. 5 Calls for new policies and tools that utilize land use decisions for affordable housing and public benefit. What the Framework Does Not Do 1 Solve the affordable housing challenge (rising rents are eroding affordability). 2 Stop displacement (see #1). 3 Overcome state preemption hurdles. 4 Bridge the resource gap. 5 Eliminate the deficit of trust. 6 Goals / 21 Actions / 11 Near-Term Priorities Focus of this briefing: >Proposed Community Benefits Policy + Tenant Relocation Assistance Program >Other Near-Term Priorities >Next Steps and Schedule Actions to Mitigate the Displacement Impacts of Development Community Benefits Policy Triggered by upzones that require a master plan amendment >In return for increase in development capacity, community benefits must be provided. Options could include: ○Preservation of existing units at current affordability ○Replacement of units, of comparable size / affordability ○In-lieu fee payment or land donation >“By right” projects could choose to proceed without participating >Options are established in code, and documented in development agreements >Potential to offer financial incentive via RDA investment Tenant Relocation Assistance Program 1 Establish funding to support tenants dislocated due to demolition for new development 2 Notify impacted tenants of potential demolition and availability of relocation assistance >Work with developers and partners to provide notification, plus provide proactive outreach and education 3 Provide relocation assistance to qualified tenants >Ongoing rental assistance can also be provided as needed 4 Adopt a Community Preference Policy for deed-restricted units >Give displaced tenants first priority for returning Improved Data Systems (and more) 1 Collect rent data through the Landlord Tenant Initiative (Action 1c) >Request info as part of opt-in program in business licensing 2 Improve tracking of units lost due to demolition and what is replacing them (Action 5a) 3 Strengthen community partnerships to deliver info and services (Actions 1b, 1c, 2d and 5c) >Community partners are best positioned to be proactive 4 Expand the inventory of affordable housing (Actions 2b, 3a, 3c, 3d) >Displaced households need places to move to What would this look like? Example 1: Six townhomes proposed on property with an existing “naturally affordable” single family home. Density Already Allowed Requires Rezone + Plan Amendment > No community benefit required > Development agreement defines community benefit: preservation or replacement of affordable unit; in-lieu fee payment; or land donation > Assist tenant w/ relocation > Assist tenant w/ relocation What would this look like? Example 2: 42-unit apartment proposed on property with two existing “naturally affordable” single family homes and a duplex. Density Already Allowed Requires Rezone + Plan Amendment > No community benefit required > Development agreement defines community benefit: preservation or replacement of affordable unit; in-lieu fee payment; or land donation > Assist tenants w/ relocation > Assist tenants w/ relocation 2023/24 Priorities Protect + Support Tenants 1a Replace the HLM Ordinance 1b Create a One-Stop Shop for Tenant Resources 1c Improve / Expand Tenant Resources, Legal Services + Landlord Training Preserve + Produce Affordable Housing 2a Factor Displacement Impacts in Plans, Rezonings + Development Agreements 3a Incentivize Creation + Preservation of Affordable Housing 3d Prioritize/Invest in Community Ownership + Housing Integrated w/ Support Services Partner in New Ways 2d Partner with Impacted Communities to Coordinate Action + Investment 5c Create an SLC Anti- Displacement Coalition 5a Be Bold, Accountable + Transparent Expand Funding + Invest 4a Develop New and Increased Funding Sources 4c Expand + Invest in Community Land Trust Models ■Draft Strategy release, review, refinement and adoption ■Formation of City Implementation Team ■Budget requests for 2023/2024 ■Convening of Anti-displacement Coalition ■Work on near-term priorities (code and policy changes, program design, etc.) Next Steps December ●Online sharing / feedback ●Continued development and refinement January 2023 ●Thriving In Place Strategy for public review February 2023 ●Housing SLC Plan for public review Proposed Schedule March 2023 ●Planning Commission hearing + recommendation April - June 2023 ●City Council hearing + adoption Feedback/ Discussion ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director CITY COUNCIL TRANSMITTAL ________________________ Rachel Otto, Chief of Staff Date Received: 11-29-2022 Date Sent to Council: 11-29-2022 ______________________________________________________________________________ TO: Salt Lake City Council DATE: November 28, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community and Neighborhoods __________________________ SUBJECT: Update on the Thriving in Place efforts to mitigate involuntary displacement. STAFF CONTACT: Blake Thomas, Director, Community and Neighborhoods, 801-718-7949, blake.thomas@slcgov.com Angela Price, Policy Director, Community and Neighborhoods, 385-315-9024, angela.price@slcgov.com Susan Lundmark, Transportation Planner, Transportation Division, 801-535-6112, susan.lundmark@slcgov.com DOCUMENT TYPE: Written briefing RECOMMENDATION: No action needed BUDGET IMPACT: None BACKGROUND/DISCUSSION: The Administration, in conjunction with Baird and Driskell, will be providing a briefing to the City Council on Thriving in Place (TIP), Salt Lake City’s Gentrification and Anti-displacement Plan. TIP has entered the final stage of developing recommendations to mitigate involuntary displacement and the Administration is seeking feedback from the City Council on the proposed policy framework. This briefing follows a series of presentations to the City Council through the lifespan of the plan’s community engagement and policy development process to ensure compliance with City Council Resolution 14 of 2020. In April, CAN presented on housing efforts generally and the Housing Loss Mitigation Ordinance specifically during two separate Council meetings. In July, the TIP project team presented to Council to offer a progress update on the findings from Phase I of th e project. In rachel otto (Nov 29, 2022 07:43 MST) ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director October, the TIP project team met with a variety of stakeholders to discuss the pro ject’s progress and solicit additional feedback. TIP will be transformative by establishing Salt Lake City’s first comprehensive anti- displacement framework. After extensive community outreach, TIP has a heavy focus on protecting tenants by providing programmatic resources including legal services, increasing affordable housing stock, and replacing the City’s Housing Loss Mitigation Ordinance. Current policies do not provide the City with an opportunity to maximize public benefit on land use decisions; TIP is proposing an incentive-based approach to upzoning, which includes the development of affordable housing units. To address intergenerational poverty, TIP proposes investment in a community ownership model and maximizing City-owned parcels through the expansion of the City’s Community Land Trust program. The policy framework is bold and recommends new programs and expansion of existing services. This will require financial investment, staffing increases, accountability, and political capital to execute what has been proposed. The policies outlined in TIP reverberate through all City departments and, as such, it has been imperative that representatives from each department have been involved in the development of the framework. There is no silver bullet to solving gentrification, displacement, social inequity, and the housing crisis, which is why the framework is a multifaceted approach. There are many areas where state preemption exists, and the framework must work within the legal parameters. This will be frustrating for residents as the biggest driver of displacement is increasing rents, and there is not a legal option for rent control. Salt Lake City is undoubtedly a leader in the state on creating a more equitable city and combating displacement; however, there is more that can be built upon to strengthen current efforts. These are complex and systemic social issues that will require collaboration, partnerships, and accountability. Housing SLC In conjunction with TIP, the Administration (through the Department of Community and Neighborhoods) is developing a new five-year housing plan to replace Growing SLC, which is set to expire at the end of this year. The new housing plan, which is being called Housing SLC, has incorporated the data and feedback gathered through the TIP process to inform further engagement efforts, policies for inclusion, and recommendations for implementation. Housing SLC and TIP have worked in tandem to develop policy recommendations to address all facets of the City’s current housing affordability crisis. It is anticipated that TIP will be included, in full, as an appendix to Housing SLC, while the policy recommendations will be specifically addressed in the body of the plan and will be included in the implementation portion of the Housing SLC. The inclusion of TIP into Housing SLC allows the recommendations and strategies in TIP to be included in the City’s General Plan, as Housing SLC will fulfill the Moderate-Income Housing portion of the General Plan requirements outlined in HB 462. Inclusion in the General Plan allows the City to allocate funding toward pursuing the strategies outlined in TIP and Housing SLC and sets a policy framework to guide all City housing efforts over the next five years. A full ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director draft of Housing SLC will be ready for public comment and Council review by the end of December 2022. OVERVIEW OF THE DRAFT ANTI-DISPLACEMENT STRATEGY The TIP team has developed a framework for Salt Lake City’s Anti-Displacement Strategy that outlines 21 proposed priority actions to help counter displacement pressures, mitigate the impacts of displacement, and build a more resilient community over time where lower income residents and tenants can stay in place and thrive. The actions are organized under six interrelated goals, with many of the actions helping to advance more than one goal as well as the strategy’s overall “guiding principles” (see below). The areas of focus have been shaped by extensive analysis of displacement data and trends as well as community input, as summarized in the Phase 1 Report and presented to City Council on July 12, 2022. The strategy is also grounded in the regulatory limits of State preemption as well as resource constraints and capacity, as expressed in the short but important list of “caveats” (also listed below). In its final form, the strategy will outline anti-displacement program priorities and budget needs, with a strong focus on near-term priorities to implement in the coming two years. Guiding Principles The TIP policy framework is guided by five principles that speak to the core values of the Anti- Displacement Strategy, all of which were informed by the project’s extensive community engagement: ●Prioritize tenant protections. Work to strengthen tenant rights and make tenant assistance a top priority, especially for those most at risk. ●Partner with the most impacted. Work with those facing high displacement risks to coordinate comprehensive action beyond housing to keep communities in place and help them thrive. ●Increase housing everywhere. Create more housing overall, and more affordable housing specifically, while minimizing displacement and countering historic patterns of segregation. ●Focus on affordability. Create and preserve diverse rental housing and ownership options for lower and moderate-income households and families in all parts of the city, especially options that are affordable in perpetuity. ●Build an eco-system for action. Work with regional and state partners, the private and nonprofit sectors, and affected communities to coordinate action and advance shared priorities. Caveats There are some important caveats to keep in mind as we craft the action plan, including State preemption that limits what the City can do, as well as the challenge of finite resources and things beyond our control. These include: ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director ●There are no magic fixes; success will be incremental. It will require hard, ongoing work and difficult decisions. ●We will build on what we are already doing; this is a next step. Sequencing and coordination of actions will be key. ●State preemption limits the range of potential action. We will work with the State legislature to make changes where possible. ●We have finite resources and capacity, and there are many things Salt Lake City does not control. ●It’s not just what we do, but how we do it. We must work together, build trust, ensure transparency, and have honest conversations. Goals The framework defines six core goals: three goals focused on desired outcomes, and three focused on supporting actions to achieve the outcomes. Importantly, most actions support more than one goal, and many are interrelated or will need to be implemented in sequence. The six goals are: 1.PROTECT tenants from displacement, especially the most vulnerable 2.PRESERVE the affordable housing we have 3.PRODUCE more housing, especially affordable housing 4.EXPAND FUNDING for tenant support and affordable housing 5.PARTNER + COLLABORATE for maximum impact 6.ADVOCATE for tenants at the state level. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director Anti-Displacement Framework at-a-glance To help provide a high-level overview of the Anti-Displacement Strategy’s full range of proposed policies and actions, the TIP team has developed an “at-a-glance” one page summary, which has been updated iteratively over the past weeks as we hear feedback from the community and our internal and external partners. The latest version of the at-a-glance summary is attached with this memo as Appendix 1. Near-Term Action Priorities The Draft Anti-Displacement Strategy outlines 21 proposed actions. While they are all important, effective implementation of the strategy requires prioritization: we cannot do 21 actions, in full, all at once. Some of the proposed actions build on areas of work already underway, with modifications to specific aspects of the work or requiring a significant up -scaling to meet the level of need. Others represent new areas of work or investment or recommend a change in not just what the City does, but also how we do it. Eleven (11) of the proposed actions are flagged for near-term action as called out in the at-a-glance summary and shown in the table below. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director For this briefing, the Thriving in Place team is seeking Council feedback on a subset of the 11 proposed near-term priorities. In particular, staff is looking for Council feedback on the proposed set of strategies that would replace Ordinance 18.97, Mitigation of Residential Housing Loss (aka: Housing Loss Mitigation Ordinance or “HLM”). The full set of actions and complete Anti-Displacement Strategy document will be presented to the Planning Commission and Council in early 2023 along with the Housing SLC plan for full review and consideration. PROTECT TENANTS 1a Replace the Housing Loss Mitigation Ordinance 1b Create a one-stop shop tenant resource 1c Improve and expand tenant resources, access to legal services + landlord training and incentives PRESERVE + PRODUCE AFFORDABILITY 2a Factor displacement impacts in master plans, rezonings + development agreements 2d Partner with impacted communities to coordinate action and investment 3a Capture value from zoning decisions to create affordability 3d Prioritize and invest in community ownership + housing integrated with support services EXPAND FUNDING / PARTNER + COLLABORATE 4a Develop new and increased funding sources 4c Expand and invest in Community Land Trust models 5a Be bold, accountable + transparent 5c Create an SLC Anti-Displacement Coalition Deep Dive on Proposed Action 1a - Replace the Housing Loss Mitigation Ordinance Why Is a Different Approach Needed? A key catalyst for the TIP work was Council and community concern about the ineffectiveness of the City’s HLM Ordinance (18.97). On April 12, 2022, the Administration briefed the City Council on HLM and outlined the challenges with the current ordinance (Appendix 2), including the fact that the fee rarely applies and does nothing to address the loss of affordability. In addition to those outlined issues, the City Attorney’s office has communicated concerns that the existing fee structure may not hold up under scrutiny. Since the ordinance was enacte d in 1995, there have been substantive state statute changes limiting fees and inclusionary zoning. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director Additionally, there is case law that raises questions about the legality of collecting a fee for the loss of a housing unit. Community input in Phase 1 of TIP also underscored concern that new development is driving displacement, sometimes through direct demolition of existing units but often indirectly through rising land values and rents in areas undergoing redevelopment. Scale of the Problem Since January 2021, the City’s Building Services Division received 130 applications, each representing a site, to demolish a total of 297 units. However, we don’t know how many were considered affordable or if they resulted in actual loss of units (the application identifies units but does not specify affordability nor do all applications lead to actual development and/or demolition of the units). Of the 130 applications submitted, about 80% identified a single unit on the site, and only eight identified eight or more units on the site, including one with 61 units (however that project did not ultimately proceed with demolition of the units). If the full 297 units had been demolished (which we know is not the case), that would have represented only 0.4% of the city’s housing stock. While that scale of impact is relatively small, the impact on tenants living in units to be demolished is profound, and therefore providing a meaningful response to that impact is important. However, it is also important to keep in mind that rising rents are by far the largest driver of displacement in Salt Lake City, and largely due to a shortage of housing overall, and affordable housing specifically. “Fixing” the HLM ordinance will address only a small fraction of the City’s displacement challenges and does not effectively protect or create more affordable units. It is imperative that work continues to expand the city’s affordable housing supply even as we work to mitigate the loss of existing housing due to new development and address the impact on affected tenants. Proposed Response: Overview There are two main displacement concerns associated with the demolition of housing units due to redevelopment: 1. The potential loss of the unit, especially if it’s an affordable unit (whether through deed restriction or because it is an older unit and “naturally affordable” due to a below- market rent); and 2. The displacement impact on renter households that were living in demolished units. With regard to the potential loss of a unit the proposed strategy to replace the HLM ordinance would: ● Document existing units and their affordability on proposed redevelopment sites; and ● Offer incentives for the preservation or replacemen t of those units at similar levels of affordability. Because they cannot be required to act on these incentives under state law, the use of the incentives would be voluntary. With regard to the displacement impact on renter households due to demolition of units on redevelopment sites, the proposed strategy would: ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director ● Provide relocation assistance to affected households to help them find new housing (whether interim or longer term) to meet their needs. ● Give displaced renter households priority in returning to the site or neighborhood when new affordable housing units are available. These may be units created on-site as a result of the incentives program, or in the neighborhood, created through other means. To support these strategies, the proposed set of actions also recommends methods for improved data tracking through changes to the City’s business licensing for rental units (via the voluntary Landlord Tenant Initiative). The proposed changes to policies and practices that would replace the existing HLM ordinance are illustrated below and explained in more detail in the text that follows. Proposed Response, Part 1: Mitigating the Loss of Units There are two parts of the proposed strategy to address the potential loss of affordable housing units when a property is being redeveloped. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director ● Document the presence and affordability of housing units on proposed redevelopment sites, as well as any impacted tenants. Under current practice, the HLM ordinance and its provisions are triggered in response to a demolition permit, a conditional use for a surface parking lot, or a zoning map amendment for a residential zoning district to a zoning district that permits non-residential uses. The trigger does not address the loss of affordable housing, but rather the net loss of a unit due to one of those conditions. Under the proposed practice, the presence of housing units on a site and their affordability would need to be documented along with tenant contact information when applicable (see discussion below). Documentation of affordability could be in the form of copies of signed lease agreements for residential units on the site over the past five years, accompanied by information on the unit’s size (approximate square footage and number of bedrooms) and occupancy. If a deed restriction (affordable housing agreement) was in place on any affected unit, that information would also be required. Affordability would be determined based on the deed restriction or on recent rent levels in relation to unit size. ● Incentivize the preservation or replacement of existing housing units at similar levels of affordability. State code section 10-9a-535 states that a municipality may only require the development of a certain number of moderate-income housing units as a condition of approval of a land use application if there are incentives offered or if a voluntary agreement between the two parties is in place. It is this preemption that makes it challenging to enforce the existing HLM ordinance even if changes to the existing triggers and fee calculations are made. The City can only require the preservation or replacement of an existing housing unit, including the payment of a fee to mitigate the loss of such a unit, through an incentive-based approach or if a voluntary agreement is enacted. For redevelopment proposals consistent with the established zoning and underlying master plan, the developer could proceed with demolition and redevelopment without any mitigation requirements even if residential units are being lost. However, the City could offer an incentive in the form of increased development intensity in return for mitigat ing the loss of the affected units. Incentives would be defined through a code change that would define community benefits when an applicant is proposing a modification to an adopted plan. For developers opting into the incentive, the resultant development agreement would define the agreed-upon form of unit mitigation: preservation, replacement (on- or off-site), or fee payment (set at a level commensurate with the cost of replacing the unit on-site). For redevelopment proposals seeking to demolish an affordable unit and requesting an increase in intensity or change of use beyond what is allowed under existing zoning and the underlying master plan, the City can request a housing loss mitigation plan that addresses how the unit will be preserved or replaced. The proposed framework would give an applicant the option to preserve or replace the affordable unit by: o Maintaining existing units at affordable rents; ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director o Building new affordable units on the site; or o Paying into a housing fund to create new affordable units elsewhere (linked to a requirement that the funds be used by the City or its partners to support housing affordability within an established period of time). Details regarding the levels of incentive offered and parameters for how the mitigation requirements would be agreed to, documented, and enforced will need to be developed. Proposed Response, Part 2: Assisting Displaced Tenants The second part of the proposed strategy is focused on helping the tenants who are impacted by the demolition of affordable housing units due to property redevelopment. It consists of two key components: ● Document the presence of impacted tenants on proposed redevelopment sites and provide relocation assistance to those living in affordable units lost due to property redevelopment. While the incidence of direct displacement of tenants due to property redevelopment is small, the impact on those tenants can be significant. While rental assistance programs are in place and proposed to be expanded as part of the TIP strategy (actions 1c and 4a), current policies and programs to provide relocation assistance are limited to redevelopment projects that involve federal funding or in situations where tenants are displaced due to a building closure enacted by the City (SLC Code Section 18.99). The draft proposal for supporting tenants displaced by redevelopment includes: ● Identifying impacted tenants as part of the demolition permitting process and/or development entitlement process. This will require collecting tenant information as well as notification of tenants by the City and/or its community partners. Proactive tenant outreach and education should also be prioritized in areas facing redevelopment pressure, recognizing that in many situations tenants might be displaced prior to a demolition application or entitlement process. ● Revising Code Section 18.99.040 - Tenant Relocation Fee to include tenants displaced due to redevelopment/demolition of private development as well as City-led housing closures, update the fee, and link to potential incentives-based developer contribution. In cases where no incentive-based fee payment is made, the assistance would need to be provided from City funds. Based on activity of the past two years, and assuming assistance of approximately $4,000 per qualifying household, the potential budget impact is likely in the range of $150,000 to $250,000 per year. A funding source will need to be identified, which could be partially offset by voluntary developer contributions in response to opt-in incentives; and ● Providing relocation assistance, as well as ongoing rental assistance, when needed, working with and through designated partners. ● Provide the opportunity to return to the site or neighborhood when new affordable housing units become available. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director When new affordable housing units are created, they are made available to income-qualified households to provide secure, long-term affordable housing that can help them remain in the neighborhood. Under Fair Housing Laws, these units must be made available without discrimination. Salt Lake City has a strong commitment to ensuring compliance with Fair Housing Laws in the city. To help ensure that new affordable units help mitigate displacement impacts on existing residents, many cities have adopted “community preference policies” that provide priority for income-qualified households that have been displaced from a property or neighborhood due to redevelopment, rising rents, or other factors. These policies do not restrict new affordable units to only these households; rather, they give first priority (through a preference point system) to displaced households. Another aspect of the proposed approach for replacing the HLM ordinance with something more effective is to adopt a Community Preference Policy in Salt Lake City. The details of recommendations for best ways to frame the local policy, put it into practice, and manage it over time will be included in the final report. Related Efforts to Support Action 1a The proposed Anti-Displacement Strategy includes other actions which will help reinforce the changes to policy and practice outlined above that would replace the existing HLM ordinance. These are listed below and described in more detail in the subsequent section of this memo: ● Action 1c: Improve and Expand Tenant Resources, Access to Legal Services, and Landlord Training and Incentives. Part of this effort would improve data tracking by collecting rent data as part of the rental business license application and equip landlords through the Landlord Tenant Initiative to be partners in mitigating displacement. This will require additional staffing in the Business License Division to enact the tenant portion of the Landlord Tenant Initiative and to increase the scope of the division’s work. ● Action 2a: Factor Displacement Impacts in Master Plans, Rezonings, and Development Agreements. This action works to implement mitigation of units lost through redevelopment, as described above, but applies more broadly to proactively consider displacement impacts during master planning processes and establish displacement factors for consideration in evaluating zoning amendments. This effort would include defining mitigation and anti- displacement measures that can be incorporated in master plans, zoning amendments, and development agreements to address both the direct and indirect displacement of residents through redevelopment. ● Action 3a: Incentivize Creation and Preservation of Affordable Housing. This action is currently being developed by the City through the Affordable Housing Incentives program. While different from the specific application of incentives to mitigate units lost due to property redevelopment (action 1a), its mechanisms are similar, and consideration will need to be given to how the two policies work in relation to each other. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director ● Action 3d: Prioritize and Invest in Community Ownership and Housing Integrated with Support Services. Like Action 2b, this expands upon an existing area of action by the City and its partners and provides a highly suitable near-term opportunity for applying affordable housing funds collected as the result of mitigation plans and related fee payments. ● Action 4a: Develop New and Increased Funding Sources. This action calls for an increase in funding for both development of new affordable housing and expansion of tenant support, including expanded rental assistance, to help alleviate near-term displacement pressures and the provision of relocation assistance under Action 1a. These policy and programmatic recommendations will require funding resources , code amendments and prioritization of said amendments, staffing increases in Business Licensing and other departments, collaboration across City departments, political capital at the legislature to remove state preemption, and partnerships with the development community and residents. The policy changes will need to be phased and layered upon one another to be impactful for the residents who are being involuntarily displaced. Overview of Other Near-term Priority Actions While the focus of this briefing is on outlining the proposed strategies to replace the HLM ordinance, there are also ten other near-term priority actions included in the Draft Anti- Displacement Strategy that staff would like to highlight. They are briefly described below. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director PROTECT TENANTS 1b Create a one-stop shop resource to help prevent evictions and provide easy access to services. This action will be led by the Housing Stability team, requiring additional staffing resources, to: ● Create a single web portal and hotline where tenants can access all services to help them respond to potential eviction (legal services, rental assistance, etc.). ● Incorporate easy access to other tenant resources that can help people live more affordably (reduced transit fares, utility bill assistance, etc.). ● Partner with community organizations and others to improve awareness of and access to resources and services. This action is focused on how tenant-focused resources and services are accessed, responding to community feedback that sometimes those most in need are unaware of resources that are available, and that it can be time-consuming and frustrating to navigate the array of resource providers and service agencies. While this action does not in itself expand the pool of resources available (that is covered in Action 1c), it helps to leverage all of the resources available (not just from the City, but from partners, too) to ens ure maximum benefit for those most in need, especially low-income tenants who are at-risk of eviction and displacement. 1c Improve and expand tenant resources, access to legal services, and landlord training and incentives to help keep tenants in their housing when faced with rising rents and other financial hardships that can lead to displacement. ● Increase funding for tenant services (see 4a). Work to head-off the impact of losing $2 million/month in current rental funding support from ARPA. ● Work with partners to innovate on how legal services are delivered , so that services can be provided in a more timely and lower-cost manner. ● Provide tenants with support for lease application fees, by providing funds to cover the fees and/or by establishing a master lease application that can be used as a standard for multiple applications. ● Improve the Good Landlord program so that managers know about available tenant resources/services and best practices. ● Incentivize landlords to minimize rent increases through the Landlord Tenant Initiative (Good Landlord Program) or other means. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director This action will also be led by the Housing Stability and Business License teams in close coordination with partners and will require an expansion in funding. The level of proposed budget increase is being developed for consideration with adoption of the stra tegy in 2023 and the upcoming budget process. See also action 4a. PRESERVE + PRODUCE AFFORDABILITY 2a Factor displacement impacts in master plans, rezonings, and development agreements to help ensure that development-related decisions are considering and responding to potential displacement impacts and putting in place appropriate mitigation measur es. This action will be led by the Planning team. Context ● Master plans establish long-term vision and framework for site-specific decision making. They should prioritize affordable housing development and preservation, as well as retention of existing communities even as planning for growth and change. While many master plans were developed years ago, before displacement was an issue, an approach is needed to en able the application of mitigation strategies in development decision making without having to wait for master plan updates . As identified in the displacement analysis, areas of particular concern include most of the Westside, as well as Ballpark, Central City, and the Liberty Wells area. ● Voluntary development agreements create opportunities to preserve and create affordable housing and/or take other anti- displacement actions (such as preserving or creating affordable commercial space or needed community service facilities like daycare or health clinics). Due to state preemption, the City cannot require affordable housing contributions. This limitation shapes the proposed approach to replacing the HLM Ordinance (outlined previously in this memo). In short, developers must opt- in to an incentives-based program that provides additional development capacity (or in some cases, potentially, a financial contribution or other form of incentive from the city) in return for preserving or creating affordable housing or committing to other displacement mitigation actions. See also the discussion under 3a. Mechanisms ● Integrate displacement factors and mitigation measures as a formal part of master plans, master plan and zoning amendments, and, when possible, development review (through use of incentives). ● Define and monitor displacement indicators (see action 5a) and adjust land use plans and policies when possible (especially in high-risk areas) to help counter displacement pressures. Action Steps ● Formalize displacement analysis and mitigation in master plan processes. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director ● Add language to “purpose and intent” section of code for zoning amendments (21A.02.030). ● Add list of displacement factors and potential mitigation measures to be considered in zoning amendments and development agreements (TBD as part of Housing SLC plan). Example Displacement Factors ● Population/Household Vulnerability as measured by proportion of renter households, cost-burdened households, people of color, low-income households, etc. ● Affordable Housing Vulnerability as measured by expiring deed restrictions, pre-WWII housing, rent rates below city average, etc. ● Demand Drivers: new/planned transit or parks, increased private investment, desirable schools, etc. Example Mitigation Measures ● Create or preserve deed-restricted affordable housing in return for increased development capacity, City/partner investment, or other incentives. ● Provide relocation assistance and rental assistance or other tenant-focused services (e.g., mediation/legal services). ● Invest in job training programs, cultural institutions, affordable commercial space, etc. Considerations / Challenges ● Allocating the necessary resources to develop workable strategies, update plans/policies and oversee implementation. ● Establishing clear and objective evaluation criteria (factors), achievable mitigation measures, and clear processes that lead to outcomes that counter displacement impacts. ● Ensuring consistency in how evaluation criteria are interpreted and applied by staff, developers, and decision-makers. ● Enforcing implementation of policies and agreements in both the near- and long-term. 2d Partner with impacted communities to coordinate action and investment, creating a cross-departmental team to coordinate investments and work in partnership with community organizations and representatives to counter displacement, focusing on Westside communities and in the Ballpark, Central City, and Liberty Wells areas. This action will be led by Community and Neighborhoods in partnership with the Mayor’s Office and partner departments. ● Recognize that displacement impacts are particularly hard felt in lower income areas and focus attention and resources in those areas. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director ● Define area-specific anti-displacement priorities in partnership with the community and in neighborhoods experiencing high displacement risk. ● Form a City team to coordinate investment (housing, transit, parks, services, food access, etc.) in these areas and identify funding priorities. ● Meet regularly with community organizations and representatives to communicate priority actions, identify emerging needs, define opportunities for collaboration, monitor progress, and build trust over time. ● Invest in community-defined priorities that may fall outside of traditional funding streams and/or require a shift from systems- defined priorities, including non-housing priorities to help support the goal of keeping communities in place and helping them thrive. 3a Incentivize the creation and preservation of affordable housing in areas throughout the city. CAN is the lead for this action. ● Allow developers to opt-in for increases in development capacity and in return commit to creating affordable housing units. ● The City is working on an Affordable Housing Incentives policy that is based on this concept. Specifics of how the policy will be structured and implemented are currently being developed. This will offer capacity increases on qualifying residential properties in return for creating affordable units. ● Create flexibility whenever possible to maximize community benefit: on-site units, off-site units, land donation, and/or in-lieu fees (set at a level commensurate with the cost of creating a new unit and linked to an implementation strategy and schedule). ● Distribute new affordable housing throughout the city to avoid an over-concentration in any single area. ● Long-term: Establish linkage fees to ensure contributions toward affordable housing from all new development, creating options for non-residential development (commercial, institutional, etc.) to contribute toward affordable housing, recognizing that many types of development create more affordable housing needs. This will require changes to state law. 3d Prioritize and invest in community ownership and housing integrated with support services, utilizing publicly owned land and partnering with nonprofits and mission-driven developers to build long-term social equity. Community and Neighborhoods is the lead for this action in partnership with the RDA. ● Focus on creating housing that will be affordable in perpetuity and managed as a long-term community asset. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director ● Partner with mission-driven nonprofits, faith-based groups, and others to create high quality housing in multiple forms, including developments that create ownership and other wealth -building opportunities for lower income residents. ● Create affordable housing with integrated support services, including childcare, health services, counseling, etc. ● Grow the Community Land Trust model (see 4c). ● Contribute public lands to achieve community goals (affordable housing and other desired amenities) (see 2d, 3c and 4c). EXPAND FUNDING / PARTNER + COLLABORATE 4a Develop new and increased funding sources to better meet the level of need related to both tenant support and affordable housing development and preservation. Community and Neighborhoods is the lead for this action in collaboration with Finance and the Mayor’s Office. ● Identify and evaluate options and potential revenue generation. This may include reallocation of existing funds to support higher priority anti-displacement investments as well as new revenue generation. ● Ensure funding from multiple sources that can position the City to advance affordable housing, even during economic downturns. ● Continue to compete for state and federal funding and look for opportunities to advance multiple community priorities simultaneously (e.g., seeking energy efficiency funds for affordable housing, thereby helping to provide healthier, more comfortable, and lower cost living for affordable housing residents). ● Partner with community organizations to leverage different funding sources, including philanthropic and private sources. Also partner with them to distribute resources and services to those in need to help overcome trust issues and combine resources for greatest impact. 4c Expand and invest in Community Land Trust models to support long-term affordable housing, community ownership, and social equity goals. Community and Neighborhoods is the lead for this action in collaboration with the RDA. ● Grow the portfolio of CLT properties and expand investment in land that can help achieve affordable housing goals and shared equity housing. ● Partner with community organizations to define priority uses for CLT assets and manage them over time. ● Provide support for cultural institutions and affordable commercial space in mixed-use buildings. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director 5a Be bold, accountable, and transparent in establishing goals and monitoring impact, while remaining nimble in response to changing conditions and new challenges. Community and Neighborhoods will be the lead for this action. ● Establish goals by housing type, income, and area, coordinating between Housing SLC and Thriving in Place. ● Align goals and priorities with partners to achieve goals and leverage resources. ● Establish easy-to-implement data collection systems on key metrics to better know what is happening in as real-time as possible and help quantify the impact of anti-displacement strategies and investments. ● Measure progress over time and provide regular reports to the community and City Council. 5c Create an SLC Anti-Displacement Coalition to bring together key partners from across agencies and sectors for regular meetings to align on priorities, coordinate action, and monitor implementation of the Anti-Displacement Strategy (this is the group that will “own” the strategy). Community and Neighborhoods will be the lead for this action in partnership with the Mayor’s Office. Def ine the group’s membership and formally convene it by invitation of the Mayor in partnership with the City Council. ● Clarify the Coalition’s authority and ability to follow through on actions (give it teeth). ● Define shared priorities for near-term action and clarify roles and responsibilities as well as implementation timelines and clear objectives for measuring outcomes. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director Next Steps and Timeline December City Council TIP briefing on 12/13/22. January A draft of Housing SLC, including the TIP policy recommendations, ready for public comment in early January 2023. This will commence the 45-day public comment period. Housing SLC and TIP will be presented to the Planning Commission for a briefing on January 25. February Housing SLC and TIP will be presented at a Planning Commission meeting for public hearing on February 22. March Once a recommendation is received from the Planning Commission, Housing SLC and TIP will be presented again to the Council and Council will set a date for a public hearing. Attachments Appendix 1 - Draft Anti-Displacement Framework Appendix 2 - Transmittal to City Council on “Update on the Status of the Thriving in Place plan and the Housing Loss Mitigation (18.97) ordinance”, April 12, 2022 ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director Appendix 1 Draft Anti-Displacement Framework THRIVING IN PLACE / SALT LAKE CITY’S ANTI-DISPLACEMENT STRATEGY REVISED DRAFT / NOV 25, 2022 DRAFT Anti-Displacement Framework at-a-glance From the Phase 1 Report: Displacement in Salt Lake City is significant and getting worse. There are no “more affordable” neighborhoods in Salt Lake City where families can move once displaced. Salt Lake City is growing and there aren’t enough affordable units for low-income families. Plus a shortage of units overall is creating more competition for lower cost units Almost half of Salt Lake City households are rent burdened. More than half of all families with children live in displacement risk neighborhoods. Latinx and Black households have median incomes that are lower than what is required to afford rent in the city. Displacement affects more than half of White households in Salt Lake City and disproportionately affects households of color. Many areas experiencing high displacement risk were redlined in the past and are still highly segregated today. Community members are very concerned about displacement and its impacts. They want more affordable housing and support for those being impacted. GUIDING PRINCIPLES: prioritize tenant protections / partner with those most impacted / increase housing everywhere / focus on affordability / build an eco-system for action 1 PROTECT tenants from displacement, especially the most vulnerable 1a Replace the Housing Loss Mitigation Ordinance 1b Create a one-stop shop resource to help prevent evictions and provide easy access to services 1c Improve and expand tenant resources, access to legal services, + landlord training and incentives 1d Help tenants become owners 1e Promote more affordable living, better jobs, and fair wages Caveats: there are no magic fixes (it will be hard work) / we will build on what we are already doing / state pre-emption creates limits on what we can do / we have finite resources + things we don’t control / we must work together 2 PRESERVE the affordable housing we have 2a Factor displacement impacts in master plans, rezonings + development agreements 2b Expand investment in acquisition + rehabilitation of existing affordable housing 2c Address short-term rental impacts on rental housing 2d Partner with impacted communities to coordinate action + investment to preserve affordability and counter displacement 3 PRODUCE more housing, especially affordable housing 3a Incentivize creation and preservation of affordable housing 3b Make affordable housing easier and less expensive through streamlined review 3c Create more housing choices 3d Prioritize and invest in community ownership + housing integrated with support services 4 EXPAND FUNDING for tenant support + affordable housing 4a Develop new and increased funding sources to better meet the level of need 4b Coordinate + leverage affordable housing investments 4c Expand and invest in Community Land Trust models 5 PARTNER + COLLABORATE 5a Be bold, accountable + transparent – set aspirational goals + metrics; report on progress 5b Continue community leadership, partnership + engagement 5c Create an SLC Anti-Displacement Coalition 5d Strengthen regional coordination 6 ADVOCATE for tenants at the state level 6a Work to strengthen tenant rights and resources at the state level Near-Term Action Priorities Protect Tenants 1a Replace the Housing Loss Mitigation Ordinance Focus on affordable housing; incentivize unit preservation or replacement; provide relocation assistance; support tenant return; improve rent data tracking 1b Create a one-stop shop resource Partner to create a web portal and hotline for tenants to access anti- displacement and “affordable living” resources 1c Improve and expand tenant resources, access to legal services + landlord training and incentives Strengthen and increase rental assistance + other resources; improve access to legal services; provide lease application support; improve the Good Landlord program to include tenant supports Preserve + Produce Affordability 2a Factor displacement impacts in master plans, rezonings + development agreements Establish code criteria for assessing displacement impacts and mitigation measures and when/how they apply 2d Partner with impacted communities to coordinate action and investment Create cross-dept. team to coordinate investments and work in partnership with community, focusing on Westside communities and in the Ballpark / Central City / Liberty Wells area 3a Incentivize creation and preservation of affordable housing Capture value from increases to development capacity to create/ preserve affordable housing; provide flexibility for max benefit; work toward enabling linkage fees 3d Prioritize and invest in community ownership + housing integrated with support services Focus on long-term affordability and social equity Expand Funding + Partner 4a Develop new and increased funding sources Identify and establish multiple funding mechanisms to expand resources for affordable housing and tenant assistance 4c Expand and invest in Community Land Trust models Identify public lands for affordable housing; partner/invest to create long- term community-owned affordable housing 5a Be bold, accountable + transparent Establish clear, quantified goals; ensure alignment with partners; define, track and report on key metrics 5c Create an SLC Anti-Displacement Coalition Convene regularly with key partners, including reps from impacted communities, to agree on / coordinate action and monitor progress SIX INTERRELATED GOALS 3 OUTCOME GOALS: Protect – Preserve – Produce 3 SUPPORTING GOALS: Expand Funding – Partner + Collaborate – Advocate ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director Appendix 2 Transmittal to City Council on “Update on the Status of the Thriving in Place plan and the Housing Loss Mitigation (18.97) ordinance”, April 12, 2022 ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: March 28, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Update on the status of the Thriving in Place plan and the Housing Loss Mitigation (18.97) ordinance. STAFF CONTACT: Blake Thomas, Director, Community and Neighborhoods, 385-270 -4638 , blake.thomas@slcgov.com Angela Price, Policy Director, Community and Neighborhoods, 385-315 -9024 , angela.price@slcgov.com Susan Lundmark, Project Manager, Transportation Division, 801-535 -6112, susan.lundmark@slcgov.com DOCUMENT TYPE: Information item RECOMMENDATION: No action needed BUDGET IMPACT: None BACKGROUND/DISCUSSION: In December 2020, the Department of Community and Neighborhoods (CAN) presented The Future of Housing: A Collective Vision for an Equitable Salt Lake City to the City Council. The intent of that presentation was to discuss various housing policy topics identified as goals in Growing SLC: A Five Year Housing Plan. These included the vision for an equitable and holistic city, data analysis, a summary of comprehensive solutions and policies including the Gentrification Mitigation Plan and the Housing Loss Mitigation (HLM) ordinance, among other equitable housing concepts, and identification of next steps for moving forward various housing policies. Since the policy briefing in 2020, the Administration has selected Baird and Driskell to oversee the Gentrification Assessment and Displacement Mitigation Plan or Thriving in Place (TIP). In addition to a robust, community-driven planning process, data analysis and mapping, and policy recommendations to mitigate displacement, the Baird Team will also guide policy changes to the City’s Mitigation of Residential Housing Loss ordinance (18.97). This summary will provide the City Council with an update on: • An overview of Thriving in Place including information on the engagement activities that are currently underway and next steps; • 2022 legislative requirements that are applicable to housing loss mitigation; and • A detailed analysis of the Mitigation of Residential Housing Loss ordinance (18.97), including the history of the ordinance, a summary of the current ordinance, adopted ordinance constraints, technical discrepancies, policy considerations, next steps, a legal analysis of common questions, and an HLM project summary. The TIP Plan and HLM ordinance both address the goal of “increasing housing opportunities for cost burdened households” in Growing SLC: A Five Year Housing Plan and meet several objectives outlined in the plan. The Administration welcomes the opportunity to work with the City Council to present the data and engagement efforts that are happening in the TIP Plan and seek guidance on policy directives to mitigate involuntary displacement and create a more equitable Salt Lake City. The TIP Plan will inform the update to Growing SLC, which will be underway shortly. Both plans will be brought before the City Council throughout the process and will be presented for adoption when completed. Thriving In Place In June 2020, the City Council allocated FY21 funding for a Gentrification Assessment and Displacement Mitigation Plan to understand the breadth and depth of involuntary displacement and formulate policies and programs to mitigate any such displacement that might occur. After a Request for Proposals (RFP) process was initiated and completed, a consultant team was retained in September 2021, which consists of the following researchers and thought leaders in the fields of gentrification and displacement: • Baird & Driskell Community Planning (led by David Driskell); • Urban Displacement Project, University of California Berkeley (UDP; led by Dr. Tim Thomas); and • University of Utah Department of City and Metropolitan Planning (CMP; led by Dr. Ivis Garcia and Dr. Alessandro Rigolon). Together with the consultant team, City staff (together, the Team) are guiding the Plan, now called Thriving in Place, using the following overarching actions: • To understand gentrification pressures in Salt Lake City; • To document patterns of involuntary displacement, including those related to housing costs, eviction, and demolition; and • To find policy solutions to help people choose to stay, live, and thrive in Salt Lake City even as the city grows and changes. This briefing will provide an overview of TIP and what the Team has learned from early community engagement. It is the intent of the Administration and the Consultant team to come back to the City Council in a future meeting with an in-depth analysis of the Listening and Learning phase and to seek guidance before the Crafting Collaborative Solutions phase. • Phase 1: Listening and Learning – Focuses on defining and understanding the problem and includes extensive community engagement and data collection. o Quantitative data collection and analysis is led by UDP. o Qualitative data collection through numerous community engagement activities. o Information gathered in this phase provides context on experiences of displacement, community asset mapping, and neighborhood challenges to ensure policies are aligned to mitigate displacement pressures specific to Salt Lake City neighborhood needs. • Phase 2: Crafting Collaborative Solutions – Develops a Displacement Mitigation Plan that includes actionable policy recommendations. o Recommendations will include a shared framework that can guide action across sectors, including the City, other governmental agencies, and community-based organizations and partners. o Recommendations will be informed by Phase 1 engagement and a review of existing policies, programs, and practices. A second round of input from community and stakeholders will inform priorities for action and recommendations for policy changes. Phase One - Community Engagement From the outset, there has been an effort to have a community-led process that includes extensive and equitable community engagement. The Team is listening to residents and partners through a variety of engagement methods, including online and in-person. The Team reviews engagement efforts and statistics weekly to ensure equitable representation and recalibrates outreach tactics if needed. TIP is currently in the Listening and Learning phase. Details of engagement efforts are outlined below: • City Steering Committee – This committee consists of City staff and includes representatives f rom various departments to ensure collaboration and impactful policy development. • Community Working Group – This 22 -member advisory group was formed to guide the community engagement process and ensure inclusion, provide input and feedback on the process design, outreach materials, and draft strategies as they emerge, and serve as liaisons to groups and organizations in which they are involved. The group has met twice so far, with notes from the meetings posted here. • Project Launch Interviews – These confidential one-on-one interviews with 15 key community representatives helped shape the Team’s engagement strategy and refinement of the Plan’s goals. Interviews were completed in late Fall 2021 and are summarized here . • Public Website and Online Survey – The Thriving in Place website, available in English and Spanish, was launched in February 2022 to provide educational information for residents and to serve as an online engagement tool. To date , the website has seen 3,100 visits from 2,600 unique visitors, 46% of which have been via mobile device. An online survey (English and Spanish) was launched in conjunction with the project website and to-date has been completed by over 1,000 individuals. • Intercept (in-person) Surveys – Two CMP classes are conducting in-person “intercept” surveys at various locations throughout the city , with an emphasis on Westside neighborhoods. The demographics of these survey respondents tend to be younger, more diverse, and more likely to be renters than the population that has responded to the online survey. To date, over 300 interview surveys have been completed. We anticipate over 700 in-person intercept surveys will be conducted. • Community Liaisons – The project team has hired six community liaisons with experience and connections in communities of color, non-English speakers, and lower income neighborhoods to help ensure equitable engagement and input. The liaisons are conducting in -person engagement with small groups in culturally appropriate formats, touching on the same themes and questions as the survey but in a more formal way. While the methodology will not engage as many residents, the value of the input will be significant. • Youth Workshops – The CMP classes have hosted numerous engagement activities for youth to discuss change in their neighborhoods and their perspectives and ideas related to gentrification and displacement. • Community Events - The project team has been participating in a variety of community events (e.g., Neighborhood House Family Fun, tabling with Ventanilla de Salud, and Sunday Mass at Our Lady of Guadalupe Church, among others). They will also be hosting a mural-painting event at Three Creeks Confluence Park on April 16th. • Other engagement efforts by the Team to help ensure people are aware of the project and opportunities for engagement include: o CMP students discussing TIP at Westside Community Council meetings in February and March 2022; o Introducing and discussing TIP at board meeting for University Neighborhood Partners in March 2022; o Presenting at Salt Lake City Human Rights Commission (HRC) and Salt Lake Community Network (SLCN) meetings; o CMP students distributing hundreds of flyers, door hangers, and sidewalk stencils; and o Sending out City Council citywide mailer for housing related efforts to all residential addresses in Salt Lake City during the first week of April 2022. Phase Two - Mapping and Data Analysis Data gathered from the project’s community engagement efforts will be complemented with in- depth analysis of the city’s neighborhoods through a mapping and analysis led by UDP. UDP is developing a map using advanced statistical analysis to identify where the highest rates and risk of displacement are currently occurring in Salt Lake City by analyzing hundreds of variables. These variables include housing markets, property types, population demographics, changes over time, administrative data, and many other variables (see UDP’s Housing Precarity Risk Model as an example of this type of modeling). UDP then maps the model’s output values to identify areas that need the most support and protection. The final map will show four distinct characteristics: areas with low displacement risk, elevated risk, high risk, and extreme risk. Timeline and Next Steps The project is in the final stages of Phase One, Listening and Learning. In May 2022, the Team will summarize the community input received and connect it with the results of UDP’s mapping and data analysis. Phase Two , Crafting Collaborative Solutions, includes the Team working with the Community Working Group and members of the City Steering Committee to share results and identify key take-aways, as well as identify areas for policy recommendations. Phase Two , Craftin g Collaborative Solutions, will run from May through August 2022. A few key dates are outlined below: • April 16 - Mural painting at Three Creeks Confluence Park. • April 18 - Conclusion of Phase One engagement activities. • April 26 - Student presentations (from the two CMP classes) on outreach efforts at Glendale Community Learning Center. • May - Summary of Phase One findings and UDP’s displacement analysis presented to the Team. • May/June - Presentation to Planning Commission on TIP. • May/June - Small group work sessions to distill Phase One findings and agree on direction for Phase Two (we expect to return to City Council in mid to late June to share results). • June/July - Phase Two begins with preliminary policy options and near-term recommendations. • July/August - Evaluation of policy options and refinement of recommendations. • July/August - Presentation to Planning Commission on TIP. • August/September - Planning Commission and City Council process for TIP. Housing Loss Mitigation History In 1994, the City Council commissioned an independent economic evaluation to analyze the impact and loss of affordable housing and potential mitigation measures. The impetus of the study was a substantial shortage of affordable housing in the Central City, University, and Capitol Hill neighborhoods. The driving forces behind the shortage were the demolition of housing stock for commercial and institutional purposes or assemblage of land by speculators. Since inception, the policy has been centered around a land-use transition from residential to commercial or a petition to expand parking. A Housing Mitigation Plan and Statement is required before final approval of a parking conditional-use is granted or a zoning change is approved that would allow commercial use on properties that currently have residential dwelling units (1995 ordinance does not contemplate land use changes but rather demolition of units). The initial plan required an analysis of adverse impacts, dwelling units that will be demolished, fair market value for demolished units, square feet of land to be rezoned, and a mitigation plan that addresses the loss of residential zoned land, residential units, or residential character. To mitigate the identified loss, developers can replace the housing within two years of the entitlement application approval, pay a fee that is the difference between the fair market value and the replacement cost, or pay a flat fee of $3,000 per dwelling unit to be demolished. Adopted Ordinance The c urrent ordinance, Chapter 18.97 Mitigation of Residential Housing Loss, was adopted in 2012, and states: “The purpose of the chapter is to mitigate the loss of affordable housing stock due to new development with due consideration for vested or protected property rights.” The ordinance requires a Housing Mitigation Plan for: • Any application for a demolition permit that will result in a loss of one or more residential units in a residential zone; • A request for a conditional use permit to expand parking in a residential or mixed -use zone; and • Any petition for a zoning change that would permit a non-residential use of land that includes residential dwelling units within its boundaries. A Housing Mitigation Plan and Housing Impact Statement shall be submitted unless the applicant meets certain provisions such as a non-conforming use, a master plan calling for non- residential use, or proposed demolition because of health and safety issues. The Housing Impact Statement must identify adverse impacts on the residential character of the neighborhood, the address of units targeted for demolition, fair market value and state of repair of units targeted for demolition, square footage of land that will be impacted, and a mitigation plan to address the loss of residential zoned land, units, or residential character. Permitted mitigation measures include replacing the lost housing units or paying a fee to the Housing Trust Fund that equals the difference between the fair market value of the housing units to be eliminated or demolished and the replacement cost of building new units of similar square footage. Adopted Ordinance Constraints • Affordability - The adopted ordinance does not include an assessment of the loss of affordable housing in the Housing Impact Statement nor does it require replacement of affordable units. • Purpose - The purpose statement of the Chapter is to mitigate the loss of affordable housing, but the policy does not analyze or mitigate demolition of affordable units. • Trigger - The ordinance is triggered by a demolition permit, a parking conditional use permit, or a zoning amendment from residential to commercial. The trigger does not address the loss of affordable housing. The Housing Impact Statement is required during the e ntitlement process which is challenging because a parcel may be rezoned and not see development or the fee for many years. • Formula - The formula takes the current fair market value of the building (excluding land value) from the Salt Lake County Assessor and subtracts the International Code Council (ICC) square foot replacement costs of the building. The structure of this formula typically yields a negative number and, therefore, the City is not receiving funding to mitigate the loss of residential units. • Process – Currently, an application is submitted to Building Services, then passed to the Planning Division, which creates the report, and is then reviewed and approved by the Director of Community and Neighborhoods. There is no clear ownership over the process as it touches multiple divisions at different stages in the project timeline. 2022 Legislative Requirements There are two new statutory requirements that are applicable to the establishment of a Housing Loss Mitigation f und and the City’s ability to require moderate-income housing units in a land use decision. Those bills are: • HB 462 Utah Housing Affordability Amendments - authorizes the City to establish a Housing Loss Mitigation fund to preserve existing, subsidized, and new moderate-income housing (lines 708-710). • HB 303 Local Land Use Amendments - states that a city may only require moderate income housing units as a condition of approval of a land use application if: o The developer and the city enter into a written agreement (does not specify development agreement); or o The city provides incentives that are agreed to by the developer (lines 828-838). Additionally, HB 303 prohibits a city from approving or denying a land use application based on a developer’s decision to incorporate moderate-income housing units in their development. HB 462 and HB 303 define moderate income housing as 80% AMI or below. These two policies are compatible with the adopted Housing Loss Mitigation ordinance as well as the proposed Affordable Housing Zoning Incentives, RMF-30, Shared Housing, Parking Reduction, and Accessory Dwelling Unit ordinances. Technical Discrepancies • Section 18.64.050 Residential Demolition Provisions does not align with 18.97 Mitigation of Residential Housing Loss. The City Attorney’s Office has done a legal analysis and drafted amendments to clean up technical discrepancies between 18.64.050 and 18.97. • The purpose statement to mitigate the loss of affordable housing in 18.97 does not align with the policy or the mitigation plan as there is no data collected on affordability of units nor is there a requirement to replace the demolished housing with affordable units. • Housing Loss Mitigation touches multiple chapters in the code rather than being contained within a demolition or development section. HLM could be contained within a development code, but this would require substantial amendments to various chapters within the Municipal Code. • If a payment is collected, ordinance 18.97 directs that payment to the Housing Trust Fund. The Housing Trust Fund is being moved from Community and Neighborhoods to the Redevelopment Agency (RDA) and is being changed to the Housing Development Loan Program. • 18.97.040 requires a report to the Housing Advisory and Appeals Board (HAAB) but does not give the HAAB authorizing power to deny the report, mitigation plan, or petition. • The current formula does not yield a positive number and needs to be amended to mitigate the loss of residential units. A fee justification study and an amendment to the consolidated fee schedule to include the HLM will be required. Policy Considerations • Is the policy objective to mitigate the loss of all housing or just affordable housing? If the objective is targeted at affordable housing, the ordinance will need to be amended so the policy is reflective of that objective. • Does the fee constitute an impact, linkage, or flat fee? A fee justification study will need to be conducted to amend the mitigation formula to yield a positive number. • When should the plan be required and the fee collected? Is it beneficial to have the plan during the entitlement process for upzoning legislative decisions? HLM is a demolition - focused ordinance, should this be the policy objective? • What are the policy objectives of the fee? Should the fee be paid to the Housing Development Loan Program, held in the RDA, or another funding source that can be used for the mitigation of displacement? • Should the amended ordinance require affordable units for an upzone? • What constitutes naturally occurring affordable housing? Currently the City does not track affordable housing units unless the units have been subsidized by city, county, state, or federal funds. Is it the intention of the City Council to start tracking affordable units through the entitlement process or business license rental application? • The current ordinance is focused on the loss of housing and does not contemplate the loss of local businesses for the development of housing. Is this a policy objective that should be considered in the amendment to the ordinance? Next Steps The Administration understands the frustration of the public to amend the Housing Loss Mitigation ordinance to preserve and develop affordable housing. The following actions are recommended: • The City Council, working in conjunction with the Administration, can assist in the development of the policy objectives of the new HLM ordinance. • The City Attorney’s Office has conducted a thorough review of the code and has drafted proposed amendments to clean up the technical issues. This does not address the policy considerations outlined above; rather, it cleans up technical inconsistencies. If preferred by the Council, the technical changes to HLM could be transmitted while the TIP study is being completed. The Administration recommends waiting to make any policy changes due to the robust engagement process happening within the TIP Plan. • The Zions Public Finance study that was conducted in Summer 2021 did not produce a specific enough outcome for the City to rely on. The Administration is going to go to bid in Spring 2022 for a consultant to conduct a fee justification study. This study will be running concurrently with TIP. • The TIP study that is currently underway is analyzing displacement metrics and will develop mitigation measures in addition to policy changes to the current HLM ordinance. These policies will need to be adopted by the City Council after they go through the engagement process. • Once the policy considerations are determined, the City Attorney’s Office will draft amendments to the relevant ordinances. Housing Loss Mitigation Legal Analysis of Common Questions • Can the City institute a rent control policy? o Utah Code Section 57-20-1 prohibits the City from enacting an ordinance or resolution that would control rents or fees on private residential property unless it has the express approval of the Legislature. Lease agreements are a contractual matter between private parties and the City does not have jurisdiction to halt an eviction. • Should the City issue a moratorium on development? o A temporary land use regulation, or “moratorium”, can be imposed by the City Council to prohibit a development activity if the Council finds a compelling, countervailing public interest to do so. This is a policy decision that the Council would have to make. However, the temporary regulation cannot exceed six months. The purpose of a temporary land use regulation is to halt (or, in some cases, allow) a development activity immediately for a temporary period while more permanent regulations are developed, presented to the public and the planning commission, and transmitted to the Council for action. Prohibiting development activity while waiting for a study to be produced could possibly be justified by the Council, but it seems unlikely that land use regulations could be ready for adoption within the six -month moratorium period, especially when the findings of the TIP study are not yet known. • Why is the City not requiring the development of affordable units in all new housing projects? o Utah Code Section 10-9a-535 as outlined in HB 303 states that a city may not require moderate income housing units in the approval of a project unless the developer agrees to the incentives. This provision does permit cities to adopt incentive-based policies for the inclusion of moderate-income housing in a new development, though this cannot be a requirement. • Does the current h ousing loss mitigation ordinance protect affordable housing? o The current housing loss mitigation ordinance (18.97.010) states that the “purpose of this chapter is to mitigate the loss of affordable housing stock due to new development with due consideration for vested or protected property rights.” The conditions upon which an applicant would need to comply with the HLM ordinance outlined in 18.97.020 and develop a mitigation plan are when a residential unit (does not state affordable unit) is demolished to expand vehicle parking in a residential zone or when a land use transitions from residential. This ordinance does not prohibit the demolition of affordable housing units but simply protects against the loss of a residential unit. Additionally, it does not prohibit a developer from increasing the number of units on a parcel, nor does it consider the affordability of the existing or new units. These are policy considerations for the amendments to the new ordinance. Housing Loss Mitigation Best Practices There are few analogous ordinances in other municipalities. Most ordinances and fees in other cities are Housing Mitigation Fees, meaning that they are applied to new developments that do not include a minimum percentage of affordable units. The most similar policy to Salt Lake City’s housing loss mitigation ordinance (18.97) is a demolition permit surcharge, which is a current pilot project in Chicago, Illinois. This surcharge, along with other fees from around the country, are outlined below. Chicago, IL Demolition Permit Surcharge • A temporary surcharge (March 29, 2021 - April 1, 2022) in a pilot area. o Applied in addition to other demolition fees, surcharges, and taxes imposed by City, State, or other political subdivisions. o Ordinance requires a written report no later than 150 days prior to expiration identifying:  The amount of revenue generated through the surcharge;  Its observed effect on development activity in the applicable pilot area; and  Any other information that the committee reviewing the surcharge’s impact may require. • A flat fee of $15,000 for the demolition of detached houses, townhouses, or two-flats. • A flat fee of $5,000 per dwelling unit for the demolition of multi-unit residential buildings. • Exemptions: o If replacement development designates 50% of units as affordable at 60% AMI or lower; or o Demolition is determined to be necessary to remedy conditions imminently dangerous to life, health, or property. • Funds from this surcharge are deposited into an Affordable Housing Opportunity Fund. Somerville, MA Project Mitigation Contribution or Linkage Fee Program for Affordable Housing • Requires that linkage fees be collected on any project that: o Requires zoning relief; and o Contains a single-use or combination of uses exceeding a square-foot threshold (30,000 sq ft) set by the Board of Alderman (City Council). • Project mitigation contributions are made to the Somerville Affordable Housing Trust Fund for the purpose of the creation of affordable rental and homeownership units. • The rate per square foot was $10.75 for FY 2021-2022. • The Project Mitigation Contribution is adjusted on March 1 of each year based on the change in the Consumer Price Index for All Urban Consumers over the previous calendar year. Berkeley, CA Affordable Housing Mitigation Fee • Similar to an inclusionary zoning policy. • The Affordable Housing Mitigation Fee per unit of market-rate rental housing is $39,746. o The fee is offset if affordable units are included in the project and is waived if at least 20% of units in a project are affordable.  50% of affordable units must be affordable at 30% AMI with the remaining affordable units affordable at 50% AMI. Avon, CO Employee Housing Mitigation Linkage Fee • The purpose is to create housing for workers generated by new development. • Applies to new multi-family residential (3+ units), commercial, accommodation units, industrial, and other non-residential development within the Town. • A formula is used to calculate the fee. The fee is based on the number of workers required per square foot of new space. Aspen, CO Affordable Housing Impact Fee • A 2012 study suggested calculating the fee for their program by taking the difference between the market price of housing and the price that is affordable to households at targeted income. Seattle, WA Affordable Housing Incentive Program (Chapter 23.58C) • Ordinance applies to development in Seattle that requests extra floor area and includes dwelling units in the following cases: o new construction; o addition to existing structure that increases number of units; o alterations within an existing structure that increases total number of units; and o change of use that increases the total number of units. • In return for extra floor area, ordinance provides a performance option (directly supplying affordable housing units as allowed by code) or a payment option. Performance option must satisfy median income requirements listed in the ordinance. • Payment option includes a fee per square foot (SF) of new construction (units). Fee amount varies by zoning code of the construction. Fee amounts are listed in tables in the ordinance and range from $5.50/SF to $20.75/SF in the downtown zones and from $7.00/SF to $32.75/SF in certain zones outside of downtown. • Payments are deposited into an account managed by the Seattle Director of Housing to support the development of affordable housing. PUBLIC PROCESS: Briefing EXHIBITS: Exhibit 1 – Zions Public Finance Study One South Main Street, 18th Floor, Salt Lake City UT 84133-1904 Telephone: 801.844.7373 Fax: 801.844.4484 23 September 2021 Angela Price Policy and Project Manager Department of Community and Neighborhoods Salt Lake City Corporation Re: Housing Loss Mitigation Analysis Zions Public Finance (ZPFI) examined a sample of 207 properties in and around Salt Lake City and compared the market value determined by the Salt Lake County Assessor to asking prices as currently listed on various real estate services. Results indicate that list prices on for-sale properties are significantly higher than assessed values on the Assessor’s tax rolls. The computed difference seems higher than most would expect. Traditionally, assessors tend to value homes at somewhere between 90 and 110 percent of market value and prefer the lower end of this range. In the graph below, that would be in the first column representing only a small percentage of homes, where the listed value is 11 percent higher than market value. However, market values overall are currently a lot higher than expected. 0 5 10 15 20 25 30 35 40 Nu m b e r o f H o m e s Amount Above Assessed Market Value Homes Above Assessed Market Value 2 Zions Public Finance, Inc. | September 2021 Housing Loss Mitigation Analysis | Salt Lake City, Utah Recent migration to Salt Lake County, among other factors, has contr ibuted to a substantial housing shortage, prompting many owners to try to sell for significantly more than prices seen a few years ago. Due to the lack of housing inventory, buyers were more willing to buy at high prices. Additionally, many of the listed homes that ZPFI studied had been on the market for some time. This is evidence that the sellers priced their homes much higher than what the actual market value would be. The assessor’s database is based off the 2020 tax year, where officials likely calculated market value during the year 2019. In 2020, realtors at slrealtors.com report that home prices increased by 11.8 percent. In 2021, Deseret News reported an increase of 17 percent. Together, this represents a potential increase of 30.8 percent since the 2020 tax roll was calculated. As a comparison, if the tax rolls were thirty percent higher, many of the houses sampled fall in the range expected. ZPFI has calculated that the average house on the market is listed $268,701 higher than its assessed value. This translates to a 70.8 percent markup on assessed values. The increase in selling price varies by house price – for homes listed at less than $250,000, listings are at a 58 percent premium. For houses above $1 million, the premium increases to 103 percent above assessed value. Between $250,000 and $1 million, there is a gradual increase from 58 to 103 percent. The following three graphs show the distribution of homes listed at between $250,000 and $500,000, between $500,000 and $1,000,000, and those homes listed above $1 million. 0 5 10 15 20 25 Nu m b e r o f H o m e s Amount Above Assessed Market Value Homes Above Assessed Market Value Listed Between $250,000 and $500,000 3 Zions Public Finance, Inc. | September 2021 Housing Loss Mitigation Analysis | Salt Lake City, Utah 0 2 4 6 8 10 12 14 Nu m b e r o f H o m e s Amount Above Assessed Market Value Homes Above Assessed Market Value Listed Between $500,000 and $1,000,000 0 0.5 1 1.5 2 2.5 3 3.5 Nu m b e r o f H o m e s Amount Above Assessed Market Value Homes Above Assessed Market Value Listed Above $1,000,000 4 Zions Public Finance, Inc. | September 2021 Housing Loss Mitigation Analysis | Salt Lake City, Utah Other noteworthy findings include that the difference is much smaller for condos, which are on average 47 percent more expensive compared to the 75 percent increase in price for non-condos (including townhomes and single-family homes). Additionally, larger homes are priced 74 percent higher than the assessor’s database while smaller homes (less than 1500 square feet) are priced 63 per cent higher. Despite the difference, larger homes are listed at $120 higher per square foot compared to the database while the increase is $140 for smaller homes. Page | 1 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Council Staff Analysts DATE:December 13, 2022 RE: Potential Council Oversight Audit Topics ISSUE AT-A-GLANCE Part of the Council’s role in the City is to provide financial and management oversight for City Departments. As such, the Council has an ongoing budget to perform this function. The Council Office has standing contracts with three firms that specialize in this function so that the Council doesn’t have to go out to an Request for Proposal (RFP) for each project. Based on recent Council discussions and interest areas, Council Staff has put together the following list as a brainstorm of potential study areas. The goal of the discussion is to prioritize areas of Council interest, at which point staff will coordinate with the Administration to gauge workload/capacity to participate. City Functions 1. Evaluate whether there are like functions that are funded in more than one City Department and, if so, whether there may be opportunities to consolidate like functions and reduce administrative overhead costs, free up resources or enhance efficiency. 2. Evaluate the State, County, City statutory role in providing services to individuals who are without housing and who need support related to substance abuse; mental health; job training; public health; aging and adult services; protective services for youth, adults and seniors; support to manage disabling conditions; basic health services & medical care; dental care; shelter; warmth; rehabilitation, habilitation; hospice; medications; medical supplies; physical therapy an occupational therapy; hearing and vision support; case management; etc. Identify the extent to which individuals who are without housing are typically eligible for Medicaid services, identify any barriers that exist to individuals without housing seeking Medicaid services and being granted those services. (Note: this could build on work previously done by the Gardner Policy Institute to mapping and identifying gaps in the homeless services system in Utah). Grants/Loans 1. Comprehensive review of all City and Redevelopment Agency (RDA) grant and loan programs - including program clarity of purpose, structure, criteria, payback expectations, and alignment with City goals & priorities. Evaluate opportunities to standardize and/or streamline. Evaluate outreach and equity opportunities. 2. Review grant application/approval process, including balancing early Council input and open meetings requirements with rapid processing. Community and Neighborhoods (CAN) 1. Evaluate the Capital Improvement Program (CIP) Process to identify bottlenecks/efficiencies, particularly as it relates to Engineering. Note that at the time of publishing this staff report CIP was proposed to be Page | 2 moved from CAN to the Finance Department and the Engineering Division was recently moved from CAN to the Public Services Department. o Potentially related topic - Design process for complete streets, including department opportunities for input to resolve conflict with construction plans, communication of complete streets ordinance to the public. Evaluate opportunities to adjust City policy to enhance pedestrian and bicycle safety. 2. Public Safety and Traffic - Identify best practices for traffic safety/management including speeds on arterials, stoplight timing, etc. 3. Boarded Building Fee - Fully loaded boarded building fee to reflect unique emergency services visits to vacant properties; consistent tracking of costs on a per property basis to inform future policy decisions. (Staff understands the Administration may be close to recommending something to the Council). 4. City real estate practices and management – Evaluate the City’s current model and identify best practices for managing City owned properties, including recommendations for managing leases and leveraging City assets. Evaluate whether there are efficiencies related to enhanced coordination between the City and RDA and City Library. o Potentially related topic – condition assessment of City properties. The Facilities Division has a condition assessment system for properties used by the City; however, staff understands it does not cover all city owned properties such as those leased to third parties. Public Safety - Police/Fire 1. Review of the City’s Commission on Racial Equity in Policing (REP) recommendations as well as the operational audit by Matrix Consulting findings, and identify implementation status, barriers and next steps. 2. Contract with an outside agency to conduct thorough and random evaluation of all PD bodycam footage throughout the year. 3. Evaluate the City’s “Fix the Bricks” program – identify ways to improve equity, leverage existing department skills, address the very long waiting list, streamline and standardize the process, etc. 4. Evaluate Police Department equipment receiving and reporting procedure, particularly as it relates to equipment that might be perceived as military equipment. 5. Diversified Response Models (potential topic for 2024). - Evaluate the effectiveness of diversified response models recently created by the City. Metrics could include – call response time, police overtime, mental health/housing diversions, etc. (Staff note: it may be premature to evaluate these models at this time, as some models are still actively hiring and refining their procedures) Parks/Public Lands 1. Regional athletic complex – review best practices for managing similar facilities and evaluate opportunities for synergy with other City/State facilities. Public Services/Public Utilities (these may also overlap with the Sustainability Department) 1. City facility water usage management – evaluate systems for controlling watering at City properties and facilities to ensure up to date water measurement and rain sensitive controllers. 2. General Public Water conservation measures – Evaluate department water conservation programs for metrics and efficacy. Recorder’s Office 1. Review City boards and commissions for uniform and lawful policies and compliance with the State Open and Public Meeting Act (OPMA), for example – public comment, posting of minutes and recordings, etc. Identify best practices that could be established as City policy or ordinance. Sustainability 1. Sustainability Division Role – follow up from recent annual budget discussions about the need to clarify the role of, and scope policy goals for the Sustainability Division (educator/convenor/facilitator/funder?), including potential overlaps or opportunities with other City Departments, other governmental entities, and community partners. 2. Electric Vehicle (EV) infrastructure comprehensive review – evaluate EV charging infrastructure with details like date of installation, annual cost to operate in terms of electricity and maintenance, maintenance schedule, plans for replacement or future management, geographic equity considerations, philosophy of the City’s role, etc. Page | 3 Library 1. Review of Library processes/procedures as they relate to fiscal oversight and compliance with State law. Other 1. Interlocal Agencies and Administrative costs to the City – Evaluate the costs to the City as a result from staff participating and sometimes running point on various intergovernmental efforts (Central Wasatch Commission, Community Renewable Energy Agency, Utah Performing Arts Center Agency). Identify opportunities to standardize the process and expectations for involving elected policy-makers. 2. City Donations Process – Evaluate best practices to optimize philanthropic engagement with needed City projects. 3. Special events – Evaluate best practices for balancing cost recovery with encouraging community events. 4. Youth and Family Division and Other City Youth Programs – follow up from recent annual budget discussions about the need to clarify role and policy goals – including identifying overlaps/opportunities with other community partners. 5. Evaluate the landfill interlocal with a focus on administrative cost to the City. Item E1 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Brian Fullmer Policy Analyst DATE:December 13, 2022 RE: Naming the Salt Lake City Justice Court Building the “John L. Baxter Justice Court” MOTION 1 (adopt) I move that the Council adopt a resolution naming the Salt Lake City Justice Court Building the “John L. Baxter Justice Court.” MOTION 2 (not adopt) I move that the Council not adopt the resolution. RESOLUTION NO. _______ OF 2022 Naming the Salt Lake City Justice Court the “John L. Baxter Justice Court” WHEREAS, Salt Lake City Code 3.65 creates a process for the naming of major City assets, which includes a City-owned structure or facility. WHEREAS, under City Code 3.65, the Mayor must provide the City Council with fifteen business days’ notice of her intent to name a major asset, and the City Council may either allow the fifteen days to pass, at which point the Mayor may name the major asset, or the City Council may determine that the major asset should be named through a legislative process. WHEREAS, Mayor Erin Mendenhall provided the City Council notice of her intent to name the Salt Lake City Justice Court the “John L. Baxter Justice Court” in recognition of Judge John L. Baxter’s over twenty years of service as a Salt Lake City Justice Court Judge and his service to some of the most traditionally underserved people in Salt Lake City. WHEREAS, the City Council has determined that the naming of the Salt Lake City Justice Court should be done pursuant to a legislative process, and finds that there is good cause to name the Salt Lake City Justice Court the “John L. Baxter Justice Court”. NOW, THEREFORE, BE IT RESOLVED BY THE SALT LAKE CITY COUNCIL: 1. That the Salt Lake City Justice Court shall be named the “John L. Baxter Justice Court”. Passed by the Salt Lake City Council, this ____ day of December 2022. ________________________________ Dan Dugan, Council Chair Attest: ______________________________ Cindy Lou Trishman, City Recorder Approved as to form: Katherine Lewis, City Attorney ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: November 1, 2022 Rachel Otto, Chief of Staff Date Sent to Council: November 1, 2022 TO: Salt Lake City Council DATE: November 1, 2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Naming the Salt Lake City Justice Court building the “John L. Baxter Justice Court” STAFF CONTACT: Rachel Otto DOCUMENT TYPE: Informational item RECOMMENDATION: Notify Council of the proposed building naming, per City Code Chapter 3.65 BUDGET IMPACT: New signage is estimated to be approximately $35,000; the administration plans to cover this amount through current departmental budgets. BACKGROUND: Mayor Mendenhall proposes naming the Salt Lake City Justice Court after former Salt Lake City Justice Court Judge John L. Baxter. Naming city assets is addressed in City Code Chapter 3.65. Section 3.65.020 states that the naming of major assets requires City Council approval, while the naming of minor assets requires only the Mayor’s approval. A major asset includes a structure or facility, including a portion of structure or facility. Under City Code, the Justice Court building is a major asset. The Council may choose to approve the name change through legislative process or defer the approval to the Mayor’s Office. Chapter 3.65 allows the Council 15 business days after receipt of this notice to determine whether it wishes to use a legislative process for the naming of the Justice Court building. If, at the conclusion of those 15 business days, the Council has not responded to this notice, the naming decision and process reverts to the Mayor’s Office to use the minor asset approval process. ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 Judge Baxter served Salt Lake City for over 20 years as a Justice Court Judge. Judge Baxter was dedicated to serving some of the most traditionally underserved people in Salt Lake City, making sure that they were not just processed through the justice system, but that they received the support they needed to be successful in society. Some of the highlights in Judge Baxter’s career include: • Serving as Presiding Judge from July 2014 to 2019, and in that capacity acting as liaison from the Court to the Office of the Mayor and the City Council. Also responsible for developing and implementing policy at the Court. • Developing and presiding over the Salt Lake Justice Homeless Court and the Salt Lake City Veterans’ Court. Additionally, he presided over the Salt Lake City Drug Court and the Salt Lake City Domestic Violence Court. • Training newly appointed District Court judges regarding interactions with self-represented parties and training new Justice Court judges in criminal procedure. • Working as a Trial Attorney for the Salt Lake Legal Defender Association, Salt Lake City, from 1997- 2002. • Acting as Legal Defender Association liaison to the 2002 Salt Lake City Olympic Winter Games safety committee and organizing and supervising public defender assignments during the Games. • Participating as Legal Defender Association liaison in developing and implementing the Third District Mental Health Court and serving as the public defender assigned to that court. COMMITTEE POSITIONS • 2003 – 2005 – Utah Judicial Council Committee on Privacy and Access to Public Court Records, reviewing, developing and submitting to the Council recommendations for privacy and access to court records. • February 2004 to September 2013 – Supreme Court of Utah Advisory Committee on Professionalism – Drafting and submitting to the Utah Supreme Court the Utah Standards of Professionalism and Civility (for attorneys) and the Utah Standards of Judicial Professionalism and Civility. Initiating review of attorneys applying to become mentors for new attorneys. • 2005 – Present – Salt Lake County Criminal Justice Advisory Council – Developing and implementing policies and procedures for appropriate jail use, developing community alternatives to incarceration and exploring options for treatment and reintegration into the community of those charged or convicted of crimes. • February 2005 to February 2014 – Chair, Utah Judicial Council Committee on Access to Resources for Self-Represented Parties – Developed and implemented a virtual Self-Help Center through the Utah State Courts which presently receives thousands of calls, texts or emails per year for individuals seeking legal guidance. • 2005 – 2011 – Utah Judicial Council Committee on Judicial Outreach – Developing and supporting efforts to engage the Judiciary with the public including Law Day activities and judge for a day programs. • 2011 – 2017 – Supreme Court of Utah Advisory Committee on the Rules of Civil Procedure – Review and submit changes to the Utah Rules of Civil Procedure to the Utah Supreme Court. • 2011 – 2013 – Utah Commission on Criminal and Juvenile Justice Mental Health Initiative – Investigate and expand mental health courts throughout the state. ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 • 2013 – Present – Utah State Bar New Lawyer Training Program Committee – develop and review training materials for new lawyers and contact and interviewing references for attorneys applying to become new lawyer mentors. • 2014 – 2017 – Utah Judicial Council Uniform Fine and Bail Committee – review and submit to the Judicial Council any changes in fine and bail for the State of Utah. PROFESSIONAL AWARDS • 2004 – Salt Lake Area Domestic Violence Coalition Peace on Earth Award • 2005 – Utah State Courts Quality of Justice Award • 2011 – Salt Lake Area Domestic Violence Coalition Peace on Earth Award • 2017 – Utah Minority Bar Association Jimi Mitsunaga Excellence in Criminal Law or Pro Bono Award • 2019 – Justice Court Service Award • 2019 – Utah State Bar Judge of the Year COMMUNITY TESTIMONIALS Chief Justice Matthew Durrant: I’ve always looked to Judge Baxter as the perfect example of just how much good a genuinely compassionate and concerned judge can do. Thank you, Judge Baxter, for your truly extraordinary service. Court of Appeals Judge Gregory Orme: I had recollected that John served with me on the Judicial Council during my second stint on the Council, roughly 2010-2016. I recalled him as one of my favorites on the Council during that time and one of our most important and influential members. He was not one to dominate the meeting, but when he spoke, he always had such insightful and important things to say. Well, I was mistaken. John was not actually on the Council as near as I can reconstruct. He may have filled in occasionally for an absent justice court judge, but apparently he was just such a frequent presenter, both as the long-time chair of our access to justice committee and in connection with his pioneering work on two of our early problem-solving courts, that his regular participation with the Council during that time won him a promotion to the Council, albeit only in my mind's eye. I always enjoyed sitting by him and basking in his wisdom during lunch and breaks. He is truly among the very finest judges I have known during my 35 years with the Utah judiciary. District Judge Patrick Corum: When I was asked to write down a few things about John Baxter, I had no idea how hard it would be. Because how can I put into just a few sentences how much and why I admire the person who represented everything I always wanted to be as a public defender and everything I strive to be as a judge? John was, and is, both. First, John was an amazing attorney and mentor to an entire generation of public defenders. His compassion for his clients, his charisma, and his skill made him a great trial lawyer. Truly, John absolutely commanded the courtroom as a lawyer. I first met John over 20 years ago when he was the Misdemeanor Chief at LDA and I was a brand new public defender. As a supervisor and mentor, John had no peers and he absolutely inspired all of us to represent people with everything we had. I remember being called into his office after a particularly contentious day in court because the city prosecutor was calling and literally screaming at him about whatever it was that I had done. John listened calmy, put down the phone, smiled at me, and told me to keep up the good work. ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 Remembrances of John as a lawyer would be incomplete without some small mention of his court attire. He had coat rack in the corner of his office that was full of some of the most hideous pattern and color combinations known to humanity. On his way out the door to court, the jackets would be “matched” with his equally abhorrent ties. He dressed like that, not because he was color blind (and I sincerely hope he is because that would have partially shielded him from the horror that these jackets clearly were), but because one particularly difficult and harsh judge absolutely loved the outfits. As soon as he came in the door, this judge would interrupt whatever browbeating was being delivered to call John up in front of the packed courtroom, make him turn around, and just delight in whatever combo he had chosen that day – in my mind’s eye it is perhaps a green tie with little tabasco bottles on it with a red plaid jacket. John would then call his cases and the judge would do whatever he asked for on behalf of his clients before going back to yelling and sending everyone else’s clients to prison. Second, John is a great judge. In addition to just being very good at the daily work of a judge, I think John redefined what it is to be a judge. Ultimately, he was there to weigh facts and apply the law, but he also brought a level of innovation, compassion, and understanding of people that was truly remarkable. John was on the ground floor of nearly every type of specialty court that we have in this state. Mental Health Court, Veteran’s Court, and Homeless Court all owe a large part of their existence and success to John’s hard work, dedication, and courage to try new ideas. I have followed John my entire career. I followed him running the viaduct legal clinic, as a misdemeanor chief at LDA, and to the bench. At each stop, I have tried to live up to his example and hoped to become a fraction of what he was. Thank you for everything you have done for all of us John! Presiding Third District Justice Court Judge Brendan McCullagh: I have been in denial of John’s retirement for several years. I will miss him personally, as he is a dear friend. But we collectively will miss him more, as John has consistently over twenty years, provided us with clear-eyed, moral conscientious leadership. I'm loud and brash, he just showed all of us by his example how all who appear before us are entitled to respect, dignity and a chance to be heard. Nick Mecham, CJAC Policies and Projects Coordinator: I first met Judge Baxter when my neighbors, who were his parents, connected me with him as I was applying to law school. During my first year of law school I pestered him enough that he took pity on me and offered me an opportunity to work in his courtroom over the summer. I eagerly jumped at the opportunity. I’m happy I did because at that point in my life, in my late 20s, I thought I’d made up my mind on what justice was and what it meant. Working and interacting with Judge Baxter on a daily basis helped change my mind and reshape my value and understanding of justice. Realizing that there were real people behind each decision was an invaluable experience. His deft handling of the dynamic circumstances of his courtroom was a sight to behold. It was great to watch the kindness with which he treated those whose lives had been touched by the criminal justice system, maybe for the first time, maybe dozens of times, and the time he took to ensure that each person understood what was happening and what they were doing. His kindness fostered respect and wasn’t to be mistaken for weakness. He handled every situation I saw him come across with ease. He gave me several opportunities to help in many different ways including in homeless court, drug court, and in research of certain statutes and/or cases. He made me want to work hard for him and I could tell that his crew felt the same way. He worked hard and his example made each of us want to work hard as well. I felt, and still feel, that is a quality of a fantastic leader. His humility wouldn’t allow him to relish in accolades or praise. I aspire to that type of humility. In the 14 years since then, probably much to his chagrin, I’ve attempted to stay in contact with him and speak with him on a regular basis. I value his opinion and his advice and I seek both. He is fun to talk to, easy to relate to, and just a genuinely good person. He is a mentor to me of the highest value and I consider him a friend. I hope he considers me a friend as well and I aspire to ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 treat people the way he has always treated me and the way he’s treated those that have come into his courtroom. Kim Russo: I first met Judge Baxter after I was transferred to Operation Rio Grande in downtown Salt Lake City. My office, along with the other agencies, were upstairs at the Weigand Center. I distinctly remember after my first week, that the following Friday, Judge Baxter and his team arrived to conduct homeless court. I was intrigued and stepped in to observe. Immediately, I was in awe of the work that the Court was doing with our homeless population. Yet, even more affected by the way Judge Baxter dealt with the clients. He was informative with them, letting them know of their rights, but he also showed empathy and compassion for their difficult life circumstances. I soon was able to work with Judge Baxter doing his assessments on the clients that the City Prosecutor requested. What an honor this has been for me. I thank Judge Baxter for bringing me into the Court program. I also want to thank him for teaching me the value of the human spirit. The value of each human being and how precious life can be. Kele Griffone, CJS: Judge Baxter, From your friends and colleagues at Salt Lake County Criminal Justice Services, Happy Retirement. Your capacity to listen, passion for fairness, and dedication to our homeless population has been an inspiration to those around you. Many clients have expressed how you treated them with respect and they truly felt cared about when appearing before you. Your ideas, advocation for better processes to serve the community, tell it like it is, and willingness to roll up your sleeves and get things done has been valuable for the Criminal Justice Advisory Council. We need more advocates and visionaries like you. Comments made by clients in the homeless community concerning their experiences with Judge Baxter: ----I remember walking into his court downtown, it was homeless court. He did not make me feel ashamed or dumb because of my crime. Judge Baxter worked with me and found me community service so that I would not have to pay a fine. I have no money. I worked in the pantry with Crossroads Urban Center. I made many friends. But, Judge Baxter will always be my friend. Willie ----I really think that I was tired laying in the street, so sick because I was coming down from my drug use. It was homeless court, and I knew I just had to get in. Judge Baxter made a call, he had a lady call, and they got me right in to a treatment center. I wanted to go. I have been sober for four years now thanks to Judge Baxter. Fred B. ----Judge Baxter gave me a real break, allowing me to do a assessment. I believe that’s what they call it. The person doing the assessment, said I have good skills, and told mesome of the skills. I got job leads. I then told Judge Baxter about my leads. I went to the next homeless court and told Judge Baxter I g ot a job. He got up and shook my hand. Judge Baxter believes in me. I am keeping this job. In a month, I will have the deposit ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 ready and my first month’s rent. An apartment building accepted me. I thank Judge Baxter for believing in me. John L. ---Judge Baxter always stops and talks to me when he walks through the Weigand Center. He talks to me with respect. He is a kind man who always remembers what I tell him. When I see him the next time, he remembers what I told him and asks if things are getting better for me. He does care about people. Marsha D. ---I was so sad to hear that Judge Baxter is retiring. I could always count on him. I don’t think anyone in my life will ever be that nice to me. He never judged me because I was homeless. Someday, I won’t be homeless, and I hope Judge Baxter will know that I got housing for me and in his honor. I am going to miss him. Jesse V. ---I got my housing because Judge Baxter worked with me in court to look at my charges and figure out what I could do to close those cases. I went to do my community service, came back when it was over, and Judge Baxter connected me with housing. My voucher is active, and we think that my housing will come in August. I am going to get a job to with Advantage. I couldn’t do this without Judge Baxter’s help. Trisha W. ---Judge Baxter never judged me. I hear voices so much. He got me some help with people that I now trust. But he never made fun of my voices, like most people do. Judge Baxter was my safe person in the world. I just don’t want him to leave. Carlos V. ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 10/28/2022 Rachel Otto, Chief of Staff Date Sent to Council: 10/28/2022 TO: Salt Lake City Council DATE 10/28/2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Arts Council Board STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Arts Council Board RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Kate Jarman Gates as a member of Arts Council Board. ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 October 28, 2022 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Dugan, Listed below is my recommendation for membership appointment to Arts Council. Kate Jarman Gates to be appointed for a three year term, ending three years from starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor Cc: File ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 11/23/2022 Rachel Otto, Chief of Staff Date Sent to Council: 11/23/2022 TO: Salt Lake City Council DATE 11/23/2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Bicycle Advisory Committee STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Bicycle Advisory Committee RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Ben Trueman as a member of the Bicycle Advisory Committee. ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 November 23, 2022 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Dugan, Listed below is my recommendation for membership appointment to the Bicycle Advisory Committee. Ben Trueman to be appointed for a three year term, starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor Cc: File ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 11/23/2022 Rachel Otto, Chief of Staff Date Sent to Council: 11/23/2022 TO: Salt Lake City Council DATE 11/23/2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Bicycle Advisory Committee STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Bicycle Advisory Committee RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Laura Lewis as a member of the Bicycle Advisory Committee. ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 November 23, 2022 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Dugan, Listed below is my recommendation for membership appointment to the Bicycle Advisory Committee. Laura Lewis to be appointed for a three year term, starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor Cc: File ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 11/23/2022 Rachel Otto, Chief of Staff Date Sent to Council: 11/23/2022 TO: Salt Lake City Council DATE 11/23/2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Bicycle Advisory Committee STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Bicycle Advisory Committee RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Maxwell McLeod as a member of the Bicycle Advisory Committee. ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 November 23, 2022 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Dugan, Listed below is my recommendation for membership appointment to the Bicycle Advisory Committee. Maxwell McLeod to be appointed for a three year term, starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor Cc: File ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: 10/31/2022 Rachel Otto, Chief of Staff Date Sent to Council: 10/31/2022 TO: Salt Lake City Council DATE 10/31/2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff Office of the Mayor SUBJECT: Board Appointment Recommendation: Historic Landmark Commission STAFF CONTACT: April Patterson April.Patterson@slcgov.com DOCUMENT TYPE: Board Appointment Recommendation: Historic Landmark Commission RECOMMENDATION: The Administration recommends the Council consider the recommendation in the attached letter from the Mayor and appoint Emoli Kearns as a member of Historic Landmark Commission . ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 October 31, 2022 Salt Lake City Council 451 S State Street Room 304 PO Box 145476 Salt Lake City, Utah 84114 Dear Councilmember Dugan, Listed below is my recommendation for membership appointment to Historic Landmark Commission. Emoli Kearns to be appointed for a four year term, ending four years from starting from the date of City Council advice and consent. I respectfully ask your consideration and support for this appointment. Respectfully, Erin Mendenhall, Mayor Cc: File City Council Announcements Tuesday, December 16, 2022 For Your Information A. Final Draft of 2023 Annual Calendar (attached) The final 2023 annual meeting calendar is attached based on Council review last week. Each year, an annual calendar of the Council meeting dates must be posted for the public on the State’s website. The annual calendar is posted ahead of time, however times or meetings may change throughout the year as unexpected needs arise. 2023 MEETING SCHEDULE FOR SALT LAKE CITY COUNCIL, REDEVELOPMENT AGENCY (RDA), & LOCAL BUILDING AUTHORITY (LBA) DATE 12/07/2022 1 Public Notice is hereby given that the 2023 Annual Meeting Schedule of the City Council, Redevelopment Agency (RDA) & Local Building Authority (LBA) of Salt Lake City, Utah, shall be as follows: The Board of Directors will hold regular meetings from time to time as the Board deems necessary. When held, regular meetings will be on the same dates and at the same times and places as regular meetings of the City Council of Salt Lake City, Utah. Council Meetings generally include a 2 p.m. WORK SESSION and a 7 p.m. FORMAL SESSION All meetings of the City Council are open to the public unless closed pursuant to Sections 52-4-204, 52-4-205 and 78B-1-137, Utah Code Annotated. Notice of each meeting is given at least 24 hours in advance of the meeting as required by State law. An agenda of each meeting is posted at: • Salt Lake City Council website www.slccouncil.com • State of Utah Public Notice website www.utah.gov/pmn/index.html Meetings in addition to those listed below may be held or canceled as circumstances may require, subject to applicable public notice requirements. Notice: • The City & County Building is an accessible facility with a street-level entrance located on the east side of the building People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids, and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535- 7600, or relay service 711. • In accordance with State statute, City ordinance, and Council policy, one or more Council Members may be connected via speakerphone. 2023 MEETING SCHEDULE FOR SALT LAKE CITY COUNCIL, REDEVELOPMENT AGENCY (RDA), & LOCAL BUILDING AUTHORITY (LBA) DATE 12/07/2022 2 January Meetings • Tuesday, January 3 Council Work Session & Formal Meeting • Tuesday, January 10 RDA Meeting, Council Work Session • Tuesday, January 17 Council Work Session & Formal Meeting • Tuesday, January 31 Council Retreat February Meetings • Tuesday, February 7 Council Work Session & Formal Meeting • Tuesday, February 14 RDA Meeting & Council Work Session • Tuesday, February 21 Council Work Session & Formal Meeting March Meetings • Tuesday, March 7 Council Work Session & Formal Meeting • Tuesday, March 14 RDA Meeting & Council Work Session • Tuesday, March 21 Council Work Session & Formal Meeting April Meetings • Tuesday, April 4 Council Work Session & Formal Meeting • Tuesday, April 11 RDA Meeting & Council Work Session • Tuesday, April 18 Council Work Session & Formal Meeting • TENTATIVE Tuesday, April 25 Work Session Only May Meetings • Tuesday, May 2 Council Work Session & Formal Meeting • Tuesday, May 9 RDA Meeting & Council Work Session • Tuesday, May 16 Council Work Session & Formal Meeting • TENTATIVE - Thursday, May 18 Council Work Session Only (as needed for budget) • Tuesday, May 23 Council Work Session Only • TENTATIVE - Thursday, May 25 Council Work Session Only (as needed for budget) • Tuesday, May 30 Council Work Session only June Meetings • Thursday, June 1 Council Work Session Only • Tuesday, June 6 Council Work Session & Formal Meeting • Thursday, June 8 Council Work Session Only • Tuesday, June 13 RDA Meeting, Council Work Session & Formal Meeting • TENTATIVE - Tuesday, June 20 Formal (as needed for budget) 2023 MEETING SCHEDULE FOR SALT LAKE CITY COUNCIL, REDEVELOPMENT AGENCY (RDA), & LOCAL BUILDING AUTHORITY (LBA) DATE 12/07/2022 3 July Meetings • Tuesday, July 11 RDA Meeting, Council Work Session & Formal Meeting • Tuesday, July 18 Council Work Session & Formal Meeting August Meetings • Tuesday, August 8 RDA Meeting, Council Work Session & Formal Meeting • Tuesday, August 15 Council Work Session & Formal Meeting September Meetings • Tuesday, September 5 Council Work Session & Formal Meeting • Tuesday, September 12 RDA Meeting & Council Work Session • Tuesday, September 19 Council Work Session & Formal Meeting October Meetings • Tuesday, October 3 Council Work Session & Formal Meeting • Tuesday, October 10 RDA Meeting & Council Work Session • Tuesday, October 17 Council Work Session & Formal Meeting November Meetings • Tuesday, November 14 RDA Meeting, Council Work Session & Formal Meeting • Tuesday, November 21 Council Work Session, Formal Meeting, and Board of Canvassers December Meetings • Tuesday, December 5 Council Work Session & Formal Meeting • Tuesday, December 12 RDA Meeting, Council Work Session, & Formal Meeting SALT LAKE CITY CORPORATION SWORN STATEMENT SUPPORTING CLOSURE OF MEETING I, Dan Dugan, acted as the presiding member of the Salt Lake Council, which met on December 13, 2022 in a hybrid meeting pursuant to Salt Lake City Proclamation. Appropriate notice was given of the Council's meeting as required by §52-4-202. A quorum of the Council was present at the meeting and voted by at least a two-thirds vote, as detailed in the minutes of the open meeting, to close a portion of the meeting to discuss the following: §52-4-205(l)(a) discussion of the character, professional competence, or physical or mental health of anindividual; §52 -4-205(1)(b) strategy sessions to discuss collective bargaining; §52-4-205(l)(c) strategy sessions to discuss pending or reasonably imminent litigation; §52-4-205(l)(d) strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, if public discussion of the transaction would: (i) disclose the appraisal or estimated value of the property under consideration; or (ii) prevent the public body from completing the transaction on the best possible terms; §52-4-205(l)(e) strategy sessions to discuss the sale of real property, including any form of a water right or water shares if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated value of the property under consideration; or (B) prevent the public body from completing the transaction on the best possible terms; (ii) if the public body previously gave public notice that the property would be offered for sale; and (iii) the terms of the sale are publicly disclosed before the public body approves the sale; §52-4-205(1)(f) discussion regarding deployment of security personnel, devices, or systems; and §52-4-205(1)(g) investigative proceedings regarding allegations of criminal misconduct. A Closed Meeting may also be held for Attorney-Client matters that are privileged pursuant to Utah Code §78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open andPublic Meetings Act. Other, described as follows: _____________________________________________________________ The content of the closed portion of the Council meeting was restricted to a discussion of the matter(s) for which the meeting was closed. With regard to the closed meeting, the following was publicly announced and recorded, and entered on the minutes of the open meeting at which the closed meeting was approved: (a)the reason or reasons for holding the closed meeting; (b)the location where the closed meeting will be held; and (c)the vote of each member of the public body either for or against the motion to hold the closed meeting. The recording and any minutes of the closed meeting will include: (a)the date, time, and place of the meeting; (b)the names of members Present and Absent; and (c)the names of all others present except where such disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting. Pursuant to §52-4-206(6), a sworn statement is required to close a meeting under §52-4-205(1)(a) or (f), but a record by electronic recording or detailed minutes is not required; and Pursuant to §52-4-206(1), a record by electronic recording and/or detailed written minutes is required for a meeting closed under §52-4-205(1)(b),(c),(d),(e),and (g): A record was not made. A record was made by: : Electronic recording Detailed written minutes I hereby swear or affirm under penalty of perjury that the above information is true and correct to the best of my knowledge. Presiding Member Date of Signature X X X X Daniel Dugan (Dec 13, 2022 21:46 MST)Dec 13, 2022 December 13, 2022 Closed Meeting Sworn Statement Final Audit Report 2022-12-14 Created:2022-12-14 By:DeeDee Robinson (deedee.robinson@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAVNq4fysBEFRQTzYAYkGbXtw9yMNIm7rQ "December 13, 2022 Closed Meeting Sworn Statement" History Document created by DeeDee Robinson (deedee.robinson@slcgov.com) 2022-12-14 - 1:16:09 AM GMT Document emailed to Daniel Dugan (daniel.dugan@slcgov.com) for signature 2022-12-14 - 1:16:46 AM GMT Email viewed by Daniel Dugan (daniel.dugan@slcgov.com) 2022-12-14 - 4:46:08 AM GMT Document e-signed by Daniel Dugan (daniel.dugan@slcgov.com) Signature Date: 2022-12-14 - 4:46:15 AM GMT - Time Source: server Agreement completed. 2022-12-14 - 4:46:15 AM GMT